The URL can be used to link to this page

Home My WebLink About2025-09-02 Agenda Packet RevisedIN-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: Due to updates to City Council venue, digital presentations or videos will no longer be displayed at City Council meetings as part of public comment. To present images or materials to the City Council, please bring nine paper copies to the City Council meeting. Paper copies will be distributed to City Council Members at the meeting and will be made part of the public record. 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 interested in commenting on agenda-related items may submit a written (supplemental) communication to the City Council via email at SupplementalComm@SurfCity-hb.org. Supplemental Communications are considered public record. Communications received by 5:00 PM Monday prior to the City Council meeting will be distributed to the City Council, posted to the City website, and announced at the City Council meeting, though not read. Please note that Supplemental Communications can only be submitted to SupplementalComm@SurfCity-HB.org. Communications received Monday after the 5:00 PM deadline will only be included in the administrative record. MEETING ASSISTANCE NOTICE: In accordance with the Americans with Disabilities Act, services are available to members of our community who require special assistance to participate in public meetings. If you require special assistance, 48-hour prior notification will enable the City to make reasonable arrangements for an assisted listening device (ALD) for the hearing impaired, American Sign Language interpreters, a reader during the meeting and /or large print agendas. Please contact the City Clerk's Office at (714) 536-5227 or (714) 374-5390 for more information. AGENDA City Council/Public Financing Authority Tuesday, September 2, 2025 5:00 PM - Closed Session 6:00 PM - Regular Meeting Special Meetings of the Housing Authority, Parking Authority, and Successor Agency *Revised Agenda* Added File #25-716 & #25-714 Council Chambers 2000 Main Street Huntington Beach, CA 92648 MAYOR AND CITY COUNCIL PAT BURNS, Mayor CASEY MCKEON, Mayor Pro Tem ANDREW GRUEL, Councilman DON KENNEDY, Councilman BUTCH TWINING, Councilman GRACEY VAN DER MARK, Council Woman CHAD WILLIAMS, Councilman STAFF TRAVIS HOPKINS, City Manager MIKE VIGLIOTTA, City Attorney LISA LANE BARNES, City Clerk JASON SCHMITT, City Treasurer 1 AGENDA September 2, 2025City Council/Public Financing Authority 5:00 PM - COUNCIL CHAMBERS CALL TO ORDER ROLL CALL Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, 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 25-7001.CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Travis Hopkins, City Manager; also in attendance: Marissa Sur, Director of Human Resources; Mike Vigliotta, City Attorney and Robert Torrez, Interim Chief Financial Officer. Employee Organization: Marine Safety Management Association (MSMA). 25-7012.CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Travis Hopkins, City Manager; also in attendance: Marissa Sur, Director of Human Resources; Mike Vigliotta, City Attorney and Robert Torrez, Interim Chief Financial Officer. Employee Organization: Surf City Lifeguard Employees’ Association (SCLEA). 25-7023.CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). People of the Page 1 of 8 2 AGENDA September 2, 2025City Council/Public Financing Authority State of California/Bonta v. City of Huntington Beach, et al.; Case No. 30-2023-01312235-CU-WM-CJC. 25-7034.CONFERENCE WITH REAL PROPERTY NEGOTIATORS - Property: 21091 Pacific Coast Highway, Huntington Beach, CA, 92648 (APN 024-281-16). Agency Negotiators: Travis Hopkins, 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). Under negotiation: Price and terms of lease. 25-716 CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION (Gov. Code section 54956.9(d)(2).): One (1). 6:00 PM – COUNCIL CHAMBERS RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING AND CALL TO ORDER SPECIAL MEETINGS OF THE HOUSING AUTHORITY, PARKING AUTHORITY, AND SUCCESSOR AGENCY ROLL CALL Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, 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. 25-6935.Huntington Beach Police Chaplain James Pike 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) Page 2 of 8 3 AGENDA September 2, 2025City Council/Public Financing Authority 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 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 25-6986.Surfside–Sunset Sand Replenishment Project 25-7097.BreatheSafe HB – Community Opioid Response Initiative CONSENT CALENDAR (Items 8 - 14) City Clerk Page 3 of 8 4 AGENDA September 2, 2025City Council/Public Financing Authority 25-6928.Approve and Adopt Minutes Approve and adopt the City Council/Public Financing Authority regular meeting minutes of August 19, 2025. Recommended Action: City Manager 25-6889.Approve and Authorize First Amendment to Professional Services Contract Between the City of Huntington Beach and Kahn, Soares and Conway for State Legislative Advocacy Services and Approve and Authorize First Amendment to Professional Services Contract Between the City of Huntington Beach and Stapleton & Associates for Federal Legislative Advocacy Services A) Approve and authorize first amendment to professional services agreement with Kahn, Soares and Conway for one year for state legislative advocacy services; and B) Approve and authorize first amendment to professional services agreement with Stapleton & Associates for one year for federal legislative advocacy services. Recommended Action: 25-69410.Update 2025 City Council Liaison List – Citizen Boards, Commissions, and Committees As recommended by the City Council, Public Financing Authority, Housing Authority, Parking Authority, and Successor Agency: Approve updates to the 2025 Council Liaison List that includes appointments to citizen boards, commissions, committees, and task forces as presented by Mayor Burns. (The City Clerk certifies that FPPC Form 806 “Agency Report of Public Official Appointments” which is used to report additional compensation that officials receive when appointing themselves to positions on committees, boards or commissions of a public agency, special district and joint powers agency or authority was posted to the City’s website according to law prior to this vote.) Recommended Action: Community Development 25-68911.Approve and authorize execution of the First Amendment to the Affordable Housing Agreement between the City of Huntington Beach and Nash-Holland 18750 Delaware Investors, LLC – continued from the August 19, 2025, meeting - WITHDRAWN 25-69012.Approve and Authorize Execution of the Third Amendment to the Affordable Housing Agreement and the Second Amendment to the Declaration of Covenants, Conditions and Restrictions to Extend Affordability Covenants by Three Years for the Five Points Senior Page 4 of 8 5 AGENDA September 2, 2025City Council/Public Financing Authority Villas Project (Revised Request) – continued from the August 19, 2025, meeting A) Approve the Third Amendment to the Affordable Housing Agreement by and between the Huntington Beach Housing Authority and Five Points Seniors, L.P. to extend the affordability covenants by three years until July 30, 2029, and direct the City Attorney to revise said Third Amendment to reflect this three-year extension; B) Approve the Second Amendment to the Declaration of Covenants, Conditions, and Restrictions by and between the Huntington Beach Housing Authority and Five Points Seniors, L.P. to extend the affordability covenants by three years until July 30, 2029, and direct the City Attorney to revise said Second Amendment to reflect this three-year extension; and, C) Authorize the Housing Authority Executive Director or their designee to execute the Third Amendment to the Affordable Housing Agreement, the Second Amendment to the Declaration of Covenants, Conditions and Restrictions, and all related documents necessary to implement the three-year extension. Recommended Action: 25-66913.Approve the Annual Report and Budget for the Huntington Beach Downtown Business Improvement District (District) for Fiscal Year 2025-2026 and adopt Resolution No. 2025-51 to continue collecting an annual fee from businesses in the District, with a public hearing scheduled for October 7, 2025 A) Approve the Huntington Beach Downtown Business Improvement District Annual Report and Budget for FY 2025-2026; and B) Adopt Resolution No. 2025-51, “A Resolution of the City Council of the City of Huntington Beach Declaring the City’s Intention to Levy an Annual Assessment For Fiscal Year 2025-2026 within the Huntington Beach Downtown Business Improvement District” and schedule a public hearing for October 7, 2025, to consider continuation of the District. Recommended Action: Police 25-63614.Approval to Implement Aerial Flashbangs and Inert Blast Balls for Critical Incident Response Approve the implementation of aerial flashbangs and inert blast balls as authorized non-lethal tools for use by the Huntington Beach Police Department during critical incident response. Recommended Action: PUBLIC HEARING Page 5 of 8 6 AGENDA September 2, 2025City Council/Public Financing Authority For the benefit of the public, prior to a public hearing item, each member of the City Council will disclose any ex parte communications they may have had pertaining to the item. In simple terms, public hearings are quasi-judicial proceedings and the information used by the City Council to make its decisions should be limited to that which is obtained during the public hearing. Ex parte communications, then, means any information obtained outside of a public hearing. In such public hearing proceedings, the City Council must uphold constitutional and statutory due process rights of present and non-present parties by disclosing ex parte communications. Ex parte communications include oral and written information, as well as visual or auditory information obtained during a site visit. Individuals wishing to provide a comment on an item scheduled for Public Hearing may do so 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. 25-62315.Certify Environmental Impact Report No. 25-003 by adopting Resolution No. 2025-24; Approve Findings of Fact with a Statement of Overriding Considerations (Pacific Airshow Huntington Beach); and Approve and authorize the execution of an Airshow Event Agreement between the City of Huntington Beach and Pacific Airshow, LLC, and amend the On-Call Contract with Environmental Science Associates to appropriate $250,000 for the Airshow Environmental Impact Report and ongoing mitigation monitoring A) Certify Environmental Impact Report No. 25-003 as adequate and complete in accordance with CEQA requirements and adopt Resolution No. 2025-54, “A Resolution of the City Council of the City of Huntington Beach Certifying the Environmental Impact Report (SCH#2024020006) for the Pacific Airshow Huntington Beach Project” (Attachment No. 1); and B) Approve CEQA Findings of Fact with a Statement of Overriding Considerations (Attachment No. 2); and C) Approve and authorize the Mayor and City Clerk to execute the “Airshow Event Agreement Between the City of Huntington Beach and Pacific Airshow, LLC” for the management and operation of the Pacific Airshow. D) Provide authority to the City Manager and City Attorney to amend On-Call Contract for ESA to appropriate an additional $250,000 for the Airshow Environment Impact Report and ongoing mitigation monitoring, bringing the on-call contract total to $1,100,000. Recommended Action: 25-66416.Appeal of the Planning Commission’s approval of Conditional Use Permit Nos. 25-007 and 25-014 (Huntington Beach Sports Complex) A) Find Conditional Use Permit Nos. 25-007 and 25-014 categorically exempt from the California Environmental Quality Act (CEQA) pursuant to section 15301, Class 1. B) Approve Conditional Use Permit No. 25-007 with suggested findings and conditions of approval (Attachment No. 1). Recommended Action: Page 6 of 8 7 AGENDA September 2, 2025City Council/Public Financing Authority C) Approve Conditional Use Permit No. 25-014 with suggested findings and conditions of approval (Attachment No. 2). ADMINISTRATIVE ITEMS 25-68717.Discussion and Direction to the City Clerk and the City Attorney Regarding Voter Identification and Requirements A) Direct the City Manager to work with the City Clerk and City Attorney to return with cost estimate to retain an elections consultant to assist the City in developing a process to implement the measures approved by the voters in Resolution No. 2024-12 for the 2026 Huntington Beach Municipal Election; and, B) Direct that an ordinance be drafted and brought to City Council for the implementation of Voter Identification pursuant to the passing of Measure A from the March 3, 2024, Presidential Primary Election; and, C) Direct the City Manager to return with an estimate of the costs associated with implementing Resolution No. 2024-12. Recommended Action: ORDINANCES FOR INTRODUCTION 25-70418.Approve for Introduction Ordinance No. 4339 Prohibiting the Sale, Distribution and Possession of Kratom Approve for introduction Ordinance No. 4339 “An Ordinance of the City Council of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Adding New Chapter 9.92 Thereof Prohibiting the Sale, Distribution and Possession of Kratom.” Recommended Action: 25-66319.Approve for Introduction Ordinance No. 4338 Amending Huntington Beach Municipal Code Section 10.44.060 – Oversized Vehicle Parking Regulations Approve for introduction Ordinance No. 4338, “An Ordinance of the City Council of the City of Huntington Beach Amending Section 10.44.060 of the Huntington Beach Municipal Code Relating to Oversized Vehicle Parking.” Recommended Action: COUNCIL MEMBER ITEMS 25-71020.Item Submitted by Councilman Chad Williams – Allocation of Revenue Increases to Public Safety Direct the City Manager to allocate all revenues generated from the 2025 updates to the Recommended Action: Page 7 of 8 8 AGENDA September 2, 2025City Council/Public Financing Authority Huntington Beach Uniform Bail Schedule for Parking Violations exclusively as follows for public safety enhancements: 70% to the Police Department to be expended at the discretion of the Police Chief for the highest and best use; and 30% to the Fire Department, prioritizing funding for the second administrative Fire Captain position (with any excess for other Fire public safety needs). Further direct the City Manager to track these revenues separately and provide quarterly reports to the Council on collections, allocations, and expenditures to ensure transparency and compliance with this directive. 25-714 Item Submitted by Council Woman Gracey Van Der Mark – Request for Resolution in Opposition to Special Election for Redistricting Direct the City Manager to draft a resolution for City Council approval in opposition to Governor Newsom’s special election regarding redistricting and bring the resolution back for consideration on September 16, 2025. Recommended Action: CITY COUNCIL MEMBER REQUESTS ADJOURNMENT The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Tuesday, September 16, 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 8 of 8 9 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-700 MEETING DATE:9/2/2025 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Travis Hopkins, City Manager; also in attendance: Marissa Sur, Director of Human Resources; Mike Vigliotta, City Attorney and Robert Torrez, Interim Chief Financial Officer. Employee Organization: Marine Safety Management Association (MSMA). City of Huntington Beach Printed on 8/28/2025Page 1 of 1 powered by Legistar™ 10 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-701 MEETING DATE:9/2/2025 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Travis Hopkins, City Manager; also in attendance: Marissa Sur, Director of Human Resources; Mike Vigliotta, City Attorney and Robert Torrez, Interim Chief Financial Officer. Employee Organization: Surf City Lifeguard Employees’ Association (SCLEA). City of Huntington Beach Printed on 8/28/2025Page 1 of 1 powered by Legistar™ 11 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-702 MEETING DATE:9/2/2025 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). People of the State of California/Bonta v. City of Huntington Beach, et al.; Case No. 30-2023-01312235-CU-WM-CJC. City of Huntington Beach Printed on 8/28/2025Page 1 of 1 powered by Legistar™ 12 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-703 MEETING DATE:9/2/2025 CONFERENCE WITH REAL PROPERTY NEGOTIATORS - Property: 21091 Pacific Coast Highway, Huntington Beach, CA, 92648 (APN 024-281-16). Agency Negotiators: Travis Hopkins, 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). Under negotiation: Price and terms of lease. City of Huntington Beach Printed on 8/28/2025Page 1 of 1 powered by Legistar™ 13 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-716 MEETING DATE:9/2/2025 CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION (Gov. Code section 54956.9 (d)(2).): One (1). City of Huntington Beach Printed on 8/28/2025Page 1 of 1 powered by Legistar™ 14 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-693 MEETING DATE:9/2/2025 Huntington Beach Police Chaplain James Pike City of Huntington Beach Printed on 8/28/2025Page 1 of 1 powered by Legistar™ 15 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-698 MEETING DATE:9/2/2025 Subject: Surfside-Sunset Sand Replenishment Project City of Huntington Beach Printed on 8/28/2025Page 1 of 1 powered by Legistar™ 16 Public Works Department September 2, 2025 SURFSIDE–SUNSET BEACH SAND REPLENISHMENT PROJECT (Stage 14) 17 -=-= ---------------= ------ ~ -~ BACKGROUND – Surfside-Sunset Beach Nourishment •San Gabriel River to Newport Bay (Surfside Sunset Beach Nourishment Project) •mitigation project, designed as remediation for beach erosion damage largely incident to Federal flood control, navigation, and defense projects, •Mitigation/beach nourishment until justification for next cycle/stage. •Restores 17 miles of coastline from the San Gabriel River to Newport Bay Harbor entrance •Replenishes ~1.8 million cubic yards of sand every five to seven years. •Congress authorized this project via the Rivers and Harbors Act of 1962. •To date, 13 Stages completed, and most recent stage (Stage 13) completed in February 2024. 18 BENEFITS & NEED Coastal Resilience •Natural sand replenishment prevented by engineered structures •Economy •Tourism •Property Values •Recreation Dams Levees Jetties Beach Groins Concrete Lined Channels 19 Sediment Wetland Sediment Production Coastal Sediment Conveyor Coastal Armoring Beach Nourishment Beach Nourishment 20 Beach erosion at Surfside Colony, 1953 High tides cause flooding on Pacific Coast Highway at Bolsa Chica State Beach in Huntington Beach, CA, on Tuesday, January 24, 2023. (Photo by Jeff Gritchen, Orange County Register/SCNG) PROJECT DETAILS •US Army Corps of Engineers administers the project for the regional working group. Regional Group Huntington Beach Seal Beach Newport Beach County of Orange CA State Parks Surfside Stormwater Protection Division •Sand i s recovered from two off -shore sites and pumped from barges to the beach (Surfside). •Sand migrates southward via wave action replenishing starved beaches. 21 22 SAND COLLE CT OR ILarg e ships called dredgers are des.ign ed lo d ig or s uc k up sedi me nt from 1he bottom of a body of water. They're used to harvest offshore sand for beac h nourishment. 1. A va.c uum -l ike device scrnpes ove r the seabed, sucking up sand and seawate r. 2 . The mixture is pumped into a large container on the s hip. 3 .. Sand settles to the bottom of the sh ip , all owing finer sediment a nd water to f low back in to l he ocean . 4. The sand i s pi ped to th e beach, where bul ldozers sp read it around . Sand is pu m ped f rom a sh ip two miles offshore i n Sunset Beach as part of t he sa nd reple n ishment project. (James Ca rbone) FUNDING & SCHEDULE •Stage 14 FY (2028-29) •Dependent on USACE (Federal Funding) •$68M •67% Federal funding •33% Local funding based on linear feet of coastline •Huntington Beach = $1.2M •Newport Beach •CA State Parks •Seal Beach •County of Orange •Surfside Stormwater Protection Division 23 NEXT STEPS •Ongoing collaboration with local partners •Capital Improvement Project – Fund Stage 14 planning and implementation •Appeal to local, state, and federal representatives for project prioritization and funding 24Local d ignitaries s hove l sand at the g ro u nd breaking ceremony fo r th e S urfsid e-Sunset Beach sand reple n ishment p roject in Seal Beach o n Wed nesday. (James Ca rbone) Questions? 25 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-709 MEETING DATE:9/2/2025 Subject: BreatheSafe HB - Community Opioid Response Initiative City of Huntington Beach Printed on 8/28/2025Page 1 of 1 powered by Legistar™ 26 Introduction to BreatheSafe HB Community Opioid Response Initiative September 2, 2025 27 BreathSafe HB •What is BreatheSafe HB? •Three-Pillar Structure •Community Benefits 28 BREATHE Safe 9 ~£~r:.~EE SPRAY · PUSH · SHOCK What is BreatheSafe HB? •City-wide Opioid Response Initiative •Help address ongoing opioid crisis •Pro-active, community centered approach •Funded through the California Opioid Settlements •Funds provided to City must comply with settlement agreements on only approved uses. •Funds rollover from year to year 29 Three-Pillar Structure •Community Education •Narcan Accessibility •Advanced Treatment Protocols 30 Community Benefits •Awareness •Education •Training •Prevention •Response 31 r A I ~ BREATHE Safe ~ :::::-u V" I N ITIATIYE HOW TO RECOGNIZE AN OVERDOSE • Not waking up • Breathing slowly or not at all • Lips or fingertlps turning blue or gray SPRAY Norean A,_. ----'tvv-- spray into the nose if you suspect an overdose. It's safe, even if you're not sure. _B_RE_AT_H_E ---~~ Give two slow rescue breaths if they're not breathing. Watch the chest rise. _P_U_S_H_on_t_h_e _c _he_s_t ____ __.~ Start chest compressions. REVERSE OVERDOSE. Save a life. Questions? 32 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-692 MEETING DATE:9/2/2025 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 August 19, 2025, require review and approval. Financial Impact: None. Recommended Action: Approve and adopt the City Council/Public Financing Authority regular meeting minutes of August 19, 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. August 19, 2025, CC/PFA regular meeting minutes City of Huntington Beach Printed on 8/28/2025Page 1 of 1 powered by Legistar™ 33 Minutes City Council/Public Financing Authority Regular Meeting and Special Meeting of the Housing Authority City of Huntington Beach Tuesday, August 19, 2025 3:30 PM — Council Chambers 6:00 PM — Council Chambers Civic Center, 2000 Main Street Huntington Beach, California 92648 A video recording of the 4:00 PM and 6:00 PM portions of this meeting is on file in the Office of the City Clerk, and archived at https://huntingtonbeach.legistar.com/Calendar.aspx 3:30 PM — COUNCIL CHAMBERS CALLED TO ORDER — 3:30 PM ROLL CALL Present: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams Absent: None ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS PERTAINING TO CLOSED SESSION (Received After Agenda Distribution) — None PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS (1-Minute Time Limit due to number of Closed Session items) — 5 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. Cheryl Faink, Unite for Freedom Volunteer, commented on voter history from the 2022 and 2024 General Elections. (00:03:31) Unnamed speaker commented on the 2026 General Election. Mayor Burns requested that speakers commenting on General Elections complete a blue card for follow-up. (00:04:41) George Aguirre commented on United Sovereign Americans independent audit of the California 2024 General Election. (00:06:26) Unnamed Speaker commented on request for legal action before the California 2026 General Election to restore public confidence in the election system. (00:07:43) Unnamed Speaker commented on the proposed resolution to support efforts to protect the fundamental right to choose representatives. (00:08:48) Mayor Burns read titles for Closed Session Items #1 regarding Conference with Labor Negotiators and Employee Organization: Marine Safety Management Association (MSMA), and #2 34 Council/PFA Regular Meeting and Housing Authority Special Meeting Minutes August 19, 2025, Page 2 of 16 regarding Conference with Labor Negotiators and Employee Organization: Surf City Lifeguard Employee's Association (SCLEA). A motion was made by McKeon, with a second by Van Der Mark, to recess to Closed Session. RECESSED TO CLOSED SESSION — 3:40 PM CLOSED SESSION 1. 25-654 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Travis Hopkins, City Manager; also in attendance: Marissa Sur, Director of Human Resources; Mike Vigliotta, City Attorney and Robert Torrez, Interim Chief Financial Officer. Employee Organization: Marine Safety Management Association (MSMA). 2. 25-655 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Travis Hopkins, City Manager; also in attendance: Marissa Sur, Director of Human Resources; Mike Vigliotta, City Attorney and Robert Torrez, Interim Chief Financial Officer. Employee Organization: Surf City Lifeguard Employees’ Association (SCLEA). 3. 25-656 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Southwest Voter Registration Education Project, et al. v. City of Huntington Beach, et al.; OCSC Case No. 30-2024-01397379. 4. 25-657 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Huntington Beach for Responsible Growth, et al. v. City of Huntington Beach, et al.; Case No.: 30-2024-01439594. 5. 25-658 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Flanders (Emily) v. City of Huntington Beach; OCSC Case No: 30-2023-01328127. 6. 25-659 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Alianza Translatinx, et al. v. City of Huntington Beach, et al.; OCSC Case No. 30-2025-01462835. 7. 25-660 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Yeung (Christian) v. The Bungalow Huntington Beach, LLC, et al.; USDC Case No: 8:23-cv-01573 MWC (DFMx). 8. 25-661 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Protect HB v. City of Huntington Beach; OCSC Case No.: 30-2025-01470582. 9. 25-662 CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION (Gov. Code section 54956.9(d)(2).): One (1). 6:00 PM — COUNCIL CHAMBERS 35 Council/PFA Regular Meeting and Housing Authority Special Meeting Minutes August 19, 2025, Page 3 of 16 RECONVENED THE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING AND CALLED TO ORDER A SPECIAL MEETING OF THE HOUSING AUTHORITY — 6:00 PM ROLL CALL Present: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams Absent: None 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. 10. 25-631 Huntington Beach Police Department Chaplain Jeff Lopez PLEDGE OF ALLEGIANCE — Led by Council Woman Van Der Mark CLOSED SESSION REPORT BY CITY ATTORNEY — None CITY COUNCIL MEMBER COMMENTS (2-Minute Time Limit) Councilman Kennedy described how to locate the new Sober Living Houses document on the City's website and reviewed how residents can request a replacement street sign. Council Woman Van Der Mark reported representatives from Ramat Gan, Israel were in Huntington Beach this past weekend when their Twin City partnership with Huntington Beach was formalized. AWARDS AND PRESENTATIONS 11. 25-596 Jesse Hayes Presentation Mayor Pro Tem McKeon presented a certificate of accommodation to Jesse Hayes to acknowledge his e- bike accident, remarkable recovery, and his commitment to serve as an ambassador for e-bike safety. 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 #15 (2 email communications) and Administrative Items #27 (1 email communication). Mayor Burns announced that Public Hearing Item #26 (25-671) will be Opened and Continued Open to the September 2, 2025, City Council meeting. PUBLIC COMMENTS (3-Minute Time Limit) — 18 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. Craig Sheets commented on several environmental and drug-related issues. (00:27:02) 36 Council/PFA Regular Meeting and Housing Authority Special Meeting Minutes August 19, 2025, Page 4 of 16 Ken Inouye commented on what he described as City Council lack of financial accountability and properly addressing public safety issues. (00:29:46) Pat Goodman commented on Consent Calendar Item #14 regarding position on legislation pending before the State Legislature. (00:31:17) Unnamed speaker commented on Administrative Item #27 regarding appointing Jason Schmitt to the position of City Treasurer for the City of Huntington Beach. (00:33:12) Andrew Einhorn commented on specific public comments made by Mayor Burns which he believes show lack of dignity and decorum. (00:35:12) Tim Geddes commented on decisions made by Councilmembers which he believes do not demonstrate serving with honor and in many instances have resulted in wasted funds. Mayor Burns asked him to complete a blue card if he would like to meet in person to discuss further. (00:36:34) Unnamed Speaker commented on recent Immigration and Customs Enforcement (ICE) activities. (00:38:12) Perry Clitheroe commented on Consent Calendar Item #25 regarding the grant for Complete Streets Project (Magnolia Corridor) specifically related to ease of bicycle transportation and safety. (00:39:31) Unnamed speaker commented on several City Council decisions, including Consent Calendar Item #14 regarding position on legislation pending before the State Legislature and Administrative Item #27 regarding appointing Jason Schmitt to the position of City Treasurer for the City of Huntington Beach. (00:42:32) Amory Hanson commented on Council Members Item #28 regarding strategic activation opportunities in Huntington Beach to engage in Olympic-related programming, partnerships and activation efforts. (00:44:38) Unnamed speaker commented on Consent Calendar Items #14 to consider a position on legislation pending before the State legislature and #15 to adopt Resolution No. 2025-57, clarifying that Resolution No. 2023-41 is no longer in effect. (00:45:25) Chris Kluwe commented on the proposed surveillance cameras in Oak View and Consent Calendar Item #14 to consider position on legislation pending before the State legislature. (00:47:50) Unnamed speaker commented on Consent Calendar Item #14 to consider a position on legislation pending before the State legislature. (00:50:16) Shawn Wood, Huntington Beach Chamber of Commerce Chairman of the Board, announced Taste HB on Sunday, August 24, at the Sports Complex and encouraged everyone to attend. (00:53:17) Monica Asbury expressed her gratitude for Police Chief Parra and several Huntington Beach Police and Fire Officers who were instrumental in the successful event for Huntington Beach residents Henry and Owen. (00:53:58) Justine Makoff, Free Rein Foundation, Huntington Central Park Equestrian Center, shared appreciation for the successful Cattle Baron's Ball fundraiser on August 9th. She also announced the Therapeutic 37 Council/PFA Regular Meeting and Housing Authority Special Meeting Minutes August 19, 2025, Page 5 of 16 Riding Center's Hula and Horses fundraiser on Saturday, August 23rd and encouraged everyone to support this non-profit organization as well. (00:57:22) Unnamed Speaker, an Occupational Therapy Program student at Santa Ana College, commented on the amazing work of the Free Reign Foundation and described some of the additional services now offered which focus on well-being and mental health. (00:59:41) Unnamed Speaker commented on how family is treated by officials when a loved one dies in their home. Mayor Burns invited the speaker to complete a blue card and set up a meeting with Chief Parra to better understand procedures. (01:01:24) COUNCIL COMMITTEE APPOINTMENT ANNOUNCEMENTS — None AB 1234 REPORTING — None OPENNESS IN NEGOTIATION DISCLOSURES — None CITY MANAGER’S REPORT — None NOTE: The Minutes reflect the original agendized order rather than actual order items were addressed during this meeting. CONSENT CALENDAR (Items 12 - 25) Mayor Burns pulled Items #18 and #24, Mayor Pro Tem McKeon pulled #25, Councilman Kennedy pulled #19, Councilmen Williams and Twining pulled #21 for further discussion. City Clerk 12. 25-632 Approved and Adopted Minutes A motion was made by Burns, second McKeon to approve and adopt the City Council/Public Financing Authority regular meeting minutes of July 15, 2025. The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams NOES: None 13. 25-619 Received and Filed the City Clerk’s quarterly listing of professional services contracts filed in the City Clerk’s Office between April 1, 2025 and June 30, 2025 A motion was made by Burns, second McKeon 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 April 1, 2025 and June 30, 2025." The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams NOES: None 38 Council/PFA Regular Meeting and Housing Authority Special Meeting Minutes August 19, 2025, Page 6 of 16 City Manager 14. 25-665 Approved position of opposition to legislation pending before the State Legislature A motion was made by Burns, second McKeon to oppose Senate Bill 707: open meetings: meeting and teleconference requirements and issue a letter of opposition. The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams NOES: None 15. 25-670 Adopted Resolution No. 2025-57, clarifying that Resolution No. 2023-41 is no longer in effect A motion was made by Burns, second McKeon to approve and adopt Resolution No. 2025-57, "A Resolution of the City Council of the City of Huntington Beach Clarifying the Legal Status of Resolution No. 2023-41" to reflect the outcome of Measure A. The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams NOES: None City Treasurer 16. 25-622 Received and Filed the City Treasurer’s Quarterly Investment Report for June 2025 A motion was made by Burns, second McKeon to received and file the City Treasurer's Quarterly Investment Report for June 2025, pursuant to Section 18.0 of the Investment Policy of the City of Huntington Beach. The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams NOES: None Community and Library Services 17. 25-553 Approved and authorized execution of Professional Services Contracts for On-Call Multi-Discipline Architectural Engineering, Landscape Architectural Engineering and Professional Consulting Services with Bureau Veritas North America, Inc., Dahlin Group Inc., David Volz Design Landscape Architects, Inc., M. Arthur Gensler & Associates, Inc. (Gensler), Gillis + Panichapan Architects, Inc., HAI Hirsch & Associates, Inc., IDS Group, Inc., Johnson Favaro, LLP, Michael Baker International, Inc., NUVIS, PBK Architects, Inc., RDC-S111, Inc., DBA Studio One Eleven, RJM Design Group, Inc., RRM Design Group, SVA Architects, Inc., and Verde Design, Inc. each in an amount not to exceed $1,000,000 over a three-year term Approve and authorize Amendment No. 2 to extend the contract terms for two additional years 39 Council/PFA Regular Meeting and Housing Authority Special Meeting Minutes August 19, 2025, Page 7 of 16 for On-Call Architectural Engineering & Professional Consulting Services for Kitchell/CEM, Inc. and Westberg White, Inc. A motion was made by Burns, second McKeon to approve and authorize the Mayor and City Clerk to execute a "Professional Services Contract between the City of Huntington Beach and Bureau Veritas North America, Inc. for On-Call Architectural Engineering, Landscape Architectural Engineering, and Professional Consulting Services" in an amount not to exceed One Million Dollars ($1,000,000) over a three-year term; and, approve and authorize the Mayor and City Clerk to execute a "Professional Services Contract between the City of Huntington Beach and Dahlin Group, Inc. for On-Call Architectural Engineering, Landscape Architectural Engineering, and Professional Consulting Services" in an amount not to exceed One Million Dollars ($1,000,000) over a three-year term; and, approve and authorize the Mayor and City Clerk to execute "Professional Services Contract between the City of Huntington Beach and David Volz Design Landscape Architects, Inc. for On-Call Architectural Engineering, Landscape Architectural Engineering, and Professional Consulting Services" in an amount not to exceed One Million Dollars ($1,000,000) over a three-year term; and, approve and authorize the Mayor and City Clerk to execute a "Professional Services Contract between the City of Huntington Beach and Arthur M. Gensler, Jr. & Associates, Inc. (Gensler) for On-Call Architectural Engineering, Landscape Architectural Engineering, and Professional Consulting Services" in an amount not to exceed One Million Dollars ($1,000,000) over a three-year term; and, approve and authorize the Mayor and City Clerk to execute a "Professional Services Contract between the City of Huntington Beach and Gillis + Panichapan Architects, Inc. for On-Call Architectural Engineering, Landscape Architectural Engineering, and Professional Consulting Services" in an amount not to exceed One Million Dollars ($1,000,000) over a three-year term; and, approve and authorize the Mayor and City Clerk to execute a "Professional Services Contract between the City of Huntington Beach and HAI Hirsch & Associates, Inc. for On-Call Architectural Engineering, Landscape Architectural Engineering, and Professional Consulting Services" in an amount not to exceed One Million Dollars ($1,000,000) over a three-year term; and, approve and authorize the Mayor and City Clerk to execute a "Professional Services Contract between the City of Huntington Beach and IDS Group, Inc. for On-Call Architectural Engineering, Landscape Architectural Engineering, and Professional Consulting Services" in an amount not to exceed One Million Dollars ($1,000,000) over a three-year term; and, approve and authorize the Mayor and City Clerk to execute a "Professional Services Contract between the City of Huntington Beach and Johnson Favaro, LLP for On-Call Architectural Engineering, Landscape Architectural Engineering, and Professional Consulting Services" in an amount not to exceed One Million Dollars ($1,000,000) over a three-year term; and, approve and authorize the Mayor and City Clerk to execute a "Professional Services Contract between the City of Huntington Beach and Michael Baker International, Inc. for On- Call Architectural Engineering, Landscape Architectural Engineering, and Professional Consulting Services" in an amount not to exceed One Million Dollars ($1,000,000) over a three-year term; and, approve and authorize the Mayor and City Clerk to execute a "Professional Services Contract between the City of Huntington Beach and NUVIS for On-Call Architectural Engineering, Landscape Architectural Engineering, and Professional Consulting Services" in an amount not to exceed One Million Dollars ($1,000,000) over a three-year term; and, approve and authorize the Mayor and City Clerk to execute a "Professional Services Contract between the City of Huntington Beach and PBK Architects, Inc. for On- Call Architectural Engineering, Landscape Architectural Engineering, and Professional Consulting Services" in an amount not to exceed One Million Dollars ($1,000,000) over a three-year term; and, approve and authorize the Mayor and City Clerk to execute a "Professional Services Contract between the City of Huntington Beach and RDC-S111, Inc., DBA Studio One Eleven for On-Call Architectural Engineering, Landscape Architectural Engineering, and Professional Consulting Services" in an amount not to exceed One Million Dollars ($1,000,000) over a three-year term; and, approve and authorize the Mayor and City Clerk to execute a "Professional Services Contract between the City of Huntington Beach and RJM Design Group, Inc. for On-Call Architectural Engineering, Landscape Architectural 40 Council/PFA Regular Meeting and Housing Authority Special Meeting Minutes August 19, 2025, Page 8 of 16 Engineering, and Professional Consulting Services" in an amount not to exceed One Million Dollars ($1,000,000) over a three-year term; and, approve and authorize the Mayor and City Clerk to execute a "Professional Services Contract between the City of Huntington Beach and RRM Design Group for On- Call Architectural Engineering, Landscape Architectural Engineering, and Professional Consulting Services" in an amount not to exceed One Million Dollars ($1,000,000) over a three-year term; and, approve and authorize the Mayor and City Clerk to execute a "Professional Services Contract between the City of Huntington Beach and SVA Architects, Inc. for On-Call Architectural Engineering, Landscape Architectural Engineering, and Professional Consulting Services" in an amount not to exceed One Million Dollars ($1,000,000) over a three-year term; and, approve and authorize the Mayor and City Clerk to execute a "Professional Services Contract between the City of Huntington Beach and Verde Design, Inc. for On-Call Architectural Engineering, Landscape Architectural Engineering, and Professional Consulting Services" in an amount not to exceed One Million Dollars ($1,000,000) over a three-year term. Approve and authorize the Mayor and City Clerk to execute Amendment No. 2 between the City of Huntington Beach and Kitchell/CEM, Inc. for On-Call Architectural Engineering & Professional Consulting Services to extend the term for two additional years until July 19, 2027; and, approve and authorize the Mayor and City Clerk to execute Amendment No. 2 between the City of Huntington Beach and Westberg White, Inc. for On-Call Architectural Engineering & Professional Consulting Services to extend the term for two additional years until July 19, 2027. The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams NOES: None Community Development 18. 25-329 TABLED execution of the First Amendment to the Affordable Housing Agreement between the City of Huntington Beach and Nash-Holland 18750 Delaware Investors, LLC Mayor Burns pulled this item to clarify why it took so long to determine whether these changes needed to be made and asked how the changes affect the City. Charles Kovac, Housing Manager, presented a PowerPoint communication titled First Amendment to the Affordable Housing Agreement – 18750 Delaware Street, with slides entitled: Background, Proposed Unit Mix Adjustment, Recommendations, and Questions? Mayor Burns and Jennifer Villasenor, Community Development Director, discussed the fact that the original Proposed Unit Mix Adjustment was based upon entitlement or conceptual plans. As the facility was constructed it became obvious the count for two-bedroom and three-bedroom units had been incorrect. This item updates the Unit Mix Adjustment to reflect reality. Councilman Kennedy confirmed the total number of units has remained the same, and it is only the mix of types of units that is being adjusted. Director Villasenor noted it is in the City's interest to approve this because it increases the number of units available at market rates, which increases property taxes, and it keeps this project within code requirements. 41 Council/PFA Regular Meeting and Housing Authority Special Meeting Minutes August 19, 2025, Page 9 of 16 Councilmembers and staff continued the discussion and noted this project was added to the Beach Edinger Corridor Specific Plan in 2020; confirmed that this readjustment of unit types does not contradict any State or local codes but rather brings the project into alignment with all codes; discussed density and open space waivers approved for this project; clarified that the builders made this error, not the City; discussed the pros and cons of approving, or not approving, this item, noting that if it is not approved, the project would be a bit out of alignment with current code; and Director Villasenor noted that staff would not have made the recommendation to approve this item if there were any downsides for the City. A motion was made by Burns, second Kennedy to TABLE this item to September 2, 2025, City Council meeting to allow more time to consider the situation. The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams NOES: None 19. 25-637 TABLED Execution of the Third Amendment to the Affordable Housing Agreement and the Second Amendment to the Declaration of Covenants, Conditions and Restrictions to Extend Affordability Covenants by One Year for the Five Points Senior Villas Project Councilman Kennedy pulled this item to get clarification on: 1) when an Affordable Housing Agreement expires does the project go to market rates; 2) if owners felt that rent stability is an issue, do they not have the right to raise rents; and 3) what is the point of an Affordable Housing Agreement extension? Manager Kovac stated in this case stability is related to the seniors who are living there. The City typically asks for three-year extensions, but this time the investors said they only need one year to consider their long-term options such as if a project needs to be rehabbed or assessed for potential improvements. The investors may even extend the agreement if the City was to provide a loan for rehabilitation. The investors and the City are interested in providing stability for the seniors living there. Councilman Kennedy stated that the City should not be in the lending business and suggested a policy that when a renter leases an affordable housing unit, a termination date should be part of the agreement. Director Villasenor explained that the benefit to the City of approving the extension is having the affordability covenant continue. The builder/investors are voluntarily asking to keep covenants recorded on this property for low-income seniors. Councilman Kennedy countered that the City should be the driver and demand a ten-year agreement with no loan from the City. Councilmembers and staff noted that approving this extension is doing a favor for the City's senior citizens; the City doesn't have the right to tell the owners how long they must provide affordable senior housing; their understanding that this one-year extension is for the benefit of the senior citizen residents; that affordable housing procedures include residents being informed of agreement ending dates; the discussions have not yet discovered developer's plans, but the intent at this point is to assure the senior residents will have at least one more year of affordable rates while providing the developer another year to decide their plan of action. 42 Council/PFA Regular Meeting and Housing Authority Special Meeting Minutes August 19, 2025, Page 10 of 16 Mayor Pro Tem McKeon stated that Councilmembers should infuse best practices from the private sector so that the City doesn't experience gaps or liability. In this situation, he believes it behooves Council to expect a ten-year covenant extension. Manager Kovac noted the City's original request was for another three-year extension and the developers returned asking for a one-year extension. He added it could become a negotiated situation where the developers may ask for a loan from Housing Funds with a ten- year agreement but doubts they would accept an offer for a ten-year agreement if they did not want to accept a three-year agreement. Councilmembers asked what the consequences could be for a decision made at this time. Manager Kovac stated if this agreement extension is not approved, the developer could let the agreement expire and return to market rates which would negatively impact the senior residents who would lose their affordable housing rates. Councilmember Kennedy stated for the record that he believes the City needs to do a better job of negotiating, especially when negotiating on behalf of the City's senior residents Mayor Burns confirmed with Manager Kovacs that if the affordable housing agreement expires, and the rates return to market rates, the City's Regional Housing Needs Assessment (RHNA) numbers are increased by the number of units in that agreement. Community Development Director Villasenor explained that generally when there are affordable units at risk of becoming market rate, there need to be plans to try and keep them as affordable units or plans for replacement affordable units. A motion was made by McKeon, second Kennedy to TABLE this item to next City Council meeting on September 2, 2025, to allow time to negotiate at least a three-year or five-year agreement extension. The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams NOES: None Police 20. 25-638 Adopted Resolution No. 2025-55 authorizing the acceptance of FY25/26 Cannabis Tax Fund Grant Program (CTFGP) funding from the California Highway Patrol to support DUI enforcement and officer training A motion was made by Burns, second McKeon to approve and authorize the execution of grant agreement FY25/26 CTFGP Law Enforcement-Huntington Beach Police Department and adopt Resolution No. 2025-55, "A Resolution of the City Council of the City of Huntington Beach Authorizing the Chief of Police to Accept Grant Funds from the State of California Department of California Highway Patrol for DUI Saturation Patrols and Standardized Field Sobriety Test (SFST) Training." The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams NOES: None 21. 25-635 Adopted Resolution No. 2025-53 Updating the Uniform Bail Schedule for Parking Violations & Establishing CPI-Based Annual Adjustments Councilman Williams pulled this item to clarify this is an effort to update rates that haven't changed in over five years. He noted he does not usually support efforts that will increase costs for residents 43 ---- Council/PFA Regular Meeting and Housing Authority Special Meeting Minutes August 19, 2025, Page 11 of 16 however, it is expected that these new fees will provide an approximately $1M increase in revenue for the General Fund. He stated if the expected increased funding was prioritized for Public Safety enhancements, then the effort would have his support. City Attorney Mike Vigliotta stated that direction for use of funds was not agendized, therefore the item needs to stand as originally presented. He added a plan for spending the money can be presented at a future meeting if the Council so desires. Councilman Twining stated support for the amended item and invited Police Lt. Archer to provide a brief overview of how Huntington Beach compares to immediately surrounding communities with regards to parking violations and fees. Mayor Pro Tem McKeon stated that earmarking revenue can be a slippery slope and noted that revenue comes in through the General Fund and it is up to Councilmembers to provide the oversight regarding how those funds are disbursed through the budgetary process. Councilman Kennedy and Lt. Archer discussed that if an individual can show proof they do have a valid/current disability placard/plate within 30 days of a citation, the fine may be reduced to $25 and this is reviewed on a case-by-case situation. Councilmembers and Lt. Archer discussed oversized vehicle, RV and trailer issues which are being addressed, and asked if there is any mechanism to designate increased revenues for specific expenditures. A motion was made by Williams, second Twining to Adopt Resolution No. 2025-53, "A Resolution of the City Council of the City of Huntington Beach Adopting an Amended Uniform Bail Schedule for Parking Violations", which rescinds Resolution No. 2020-53 and approves an updated Uniform Bail Schedule for parking violations, as outlined in Exhibit A. The resolution also establishes a $25 administrative fee for late payment of parking citations in accordance with California Vehicle Code Section 40207(a) and introduces an annual adjustment to parking fines based on the Consumer Price Index (CPI) for the Los Angeles-Riverside-Orange County region. This CPI adjustment will be annually applied automatically to help ensure that fines remain equitable and reflect changes in inflation, as amended to direct staff to allocate the anticipated additional revenue of approximately $1M from the updated Parking Fine Schedule exclusively for Public Safety Enhancements, including a second Administrative Fire Captain position costing approximately $289,500, and direct any excess funds to the Police Department to be spent at the discretion of the Police Chief. These funds will be tracked separately and staff will provide quarterly reports on its use to ensure funds are not absorbed into the general operations without oversight to return with a study on allocating use for the anticipated additional revenue. The motion failed by the vote on the substitute motion. A substitute motion was made by McKeon, second Van Der Mark to adopt Resolution No. 2025-53, "A Resolution of the City Council of the City of Huntington Beach Adopting an Amended Uniform Bail Schedule for Parking Violations", which rescinds Resolution No. 2020-53 and approves an updated Uniform Bail Schedule for parking violations, as outlined in Exhibit A. The resolution also establishes a $25 administrative fee for late payment of parking citations in accordance with California Vehicle Code Section 40207(a) and introduces an annual adjustment to parking fines based on the Consumer Price Index (CPI) for the Los Angeles-Riverside-Orange County region. This CPI adjustment will be annually applied automatically to help ensure that fines remain equitable and reflect changes in inflation. 44 Council/PFA Regular Meeting and Housing Authority Special Meeting Minutes August 19, 2025, Page 12 of 16 The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams NOES: None Public Works 22. 25-444 Approved and Accepted the Public Improvements, Released the Securities for, and Accepted a Guarantee and Warranty Bond for the Public Improvements in Tract 19136 and Released Guarantee and Warranty Bond for Gisler Park Improvements A motion was made by Burns, second McKeon to accept the public improvements constructed and dedicated for public use with Tract 19136, and instruct the City Clerk to record the Notice of Acceptance of Public Improvements (Attachment 2) with the Orange County Recorder; and, release the securities for the Public Improvements - Faithful Performance Bond No. US00121915SU22A and Labor and Materials Bond No. US00121915SU22A and Monumentation Bond No. US00121913SU22A; and, accept Guarantee and Warranty Bond No. US00121915SU22A-M (Attachment 3); the security furnished for guarantee and warranty for public improvements, and instruct the City Clerk to file the bond with the City Treasurer; and, release Guarantee and Warranty Bond No. US00121914SU22A-M for Gisler Park Improvements; and, instruct the City Clerk to notify the developer, Lennar Homes of California, LLC, of this action, and the City Treasurer to notify the Surety, XL Specialty Insurance Company, of this action. The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams NOES: None 23. 25-624 Approved Sole Source Procurement Request with Hadronex Inc., dba SmartCover Systems, for Sanitary Sewer System Manhole SmartCovers (SmartCovers) A motion was made by Burns, second McKeon to Approve Sole Source Procurement Request with Hadronex, Inc., dba SmartCover Systems, for the servicing of SmartCovers. The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams NOES: None 24. 25-628 Accepted the lowest responsive and responsible bid and authorized execution of a construction contract with Southland Roofing, Inc. in the amount of $138,000.00 for the City-Owned Building (dba. Park Bench Café) Roofing and Siding Improvements, CC-1789; approve supplemental construction costs; and authorized 15% in contingency funds Mayor Burns pulled this item to clarify how a re-roofing project can be this expensive. Public Works Director Chau Vu explained the scope for this project is not just shingles for the roof, but also includes installing new drainage, full siding replacement, fascia, awning and painting. City Manager Travis Hopkins stated this is the lowest bid and staff recommended approving it. 45 Council/PFA Regular Meeting and Housing Authority Special Meeting Minutes August 19, 2025, Page 13 of 16 A motion was made by Burns, second Van Der Mark to accept the lowest responsive and responsible bid submitted by Southland Roofing, Inc.in the amount of $120,000.00; and, B) Reject bids 1 - 3, as non- responsive due to bid violations; and, authorize the Director of Public Works to approve change orders up to 15% contingency in potential construction change orders; and, authorize the Mayor and City Clerk to execute a construction contract with Southland Roofing, Inc. in a form approved by the City Attorney. The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams NOES: None 25. 25-630 Approved and accepted the Orange County Transportation Authority (OCTA) Grant for Complete Streets Project (Magnolia Corridor); and approved appropriation of funds Mayor Pro Tem McKeon pulled this item to ask Public Works Director Chau Vu to present a PowerPoint communication titled Magnolia Street Corridor Streets Improvements, to explain where funding is coming from and describe the types of improvements including streets, trees, landscaped medians, roadways, sidewalks, and bike enhancements. Director Vu noted that design concepts will go through Caltrans for clearance which will take some time and construction is expected to be done during the summer to avoid interference with the school schedule. Councilman Gruel and Director Vu discussed the process required to determine whether it will be possible to include a two-way bicycle lane as a public speaker requested earlier in this meeting. A motion was made by McKeon, second Burns to approve and accept the Orange County Transportation Authority (OCTA) grant for $4,687,000; and, approve the appropriation of $4,687,000 in grant award funding to the OCTA Complete Streets Projects business unit for the Magnolia Street Corridor Complete Streets project, account number 130185003; and, authorize the Public Works Director to execute necessary documents and agreements. The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams NOES: None PUBLIC HEARING 26. 25-671 CONTINUED Open Certification of Environmental Impact Report No. 25-003 (Pacific Airshow Huntington Beach) to the September 2, 2025, City Council meeting Mayor Burns opened the Public Hearing for Item #26 (25-671). A motion was made by Burns, second Van Der Mark to Continue Open Certification of Environmental Impact Report No. 25-003 to the September 2, 2025, City Council meeting. The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams NOES: None 46 Council/PFA Regular Meeting and Housing Authority Special Meeting Minutes August 19, 2025, Page 14 of 16 ADMINISTRATIVE ITEMS 27. 25-626 Approved and Adopted Resolution No. 2025-56 Appointing Jason Schmitt to the Position of City Treasurer for the City of Huntington Beach Councilman Kennedy clarified, for those asking who Jason Schmitt is, that Jason is a highly qualified candidate as a magna cum laude Harvard graduate with experience as CEO and CFO of some large institutions. Councilman Kennedy added he was unaware that Mr. Schmitt had donated to his campaign fund and believes that Huntington Beach will benefit from Mr. Schmitt's extensive knowledge. Council Woman Van Der Mark stated that Mr. Schmitt brings extensive experience in finance, law and organizational management, in both corporate and government settings, along with his MBA and law degree from Harvard. She is excited to support him as the Treasurer of Huntington Beach. Councilman Twining stated that as one Councilmember who interviewed various candidates for this position, Jason stood out as the best. He, too, was unaware that Jason had contributed to his campaign fund until he read the Surf City Sentinel Facebook blog. Mayor Pro Tem McKeon stated he looks for opportunities to fuse private sector with government and stated his expectation that Jason will continue the great legacy of retired City Treasurer Alicia Backstrom. Mayor Burns noted that he was also on the Ad Hoc Committee to interview applicants, and it was easy to see Jason was the top candidate. Mayor Burns amended this item to include disbanding the City Council Ad Hoc Committee created to interview applicants. A motion was made by Van Der Mark, second Twining to appoint Jason Schmitt to the position of City Treasurer for the City of Huntington Beach; and approve and adopt Resolution No. 2025-56, "A Resolution of the City Council of the City of Huntington Beach Appointing Jason Schmitt as City Treasurer and Setting the Salary Rate and Assigning Certain Benefits for the Appointed City Treasurer," as amended to disband the City Council Ad Hoc Committee created to interview applicants. The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams NOES: None ADMINISTERED OATH OF OFFICE TO NEWLY APPOINTED CITY TREASURER Supervisor Janet Nguyen, Orange County Board of Supervisors, administered the Oath of Office for Jason Schmitt as Huntington Beach City Treasurer. Jason thanked Councilmembers for the faith they have placed in him as a steward for Huntington Beach. He stated he has decades of experience as CEO and Fortune 500 senior executive positions. He added his job priorities will be transparency in collecting the taxes and prudence in investing those funds to stretch Huntington Beach's dollars further. He believes it is critical to help everyone save more so they can live better. 47 Council/PFA Regular Meeting and Housing Authority Special Meeting Minutes August 19, 2025, Page 15 of 16 COUNCIL MEMBER ITEMS 28. 25-651 Approved Item Submitted by Mayor Pro Tem McKeon, Councilman Gruel, and Council Woman Van Der Mark — Strategic Activation Opportunities in Huntington Beach Mayor Pro Tem McKeon introduced this item by explaining it is an effort to roll out the red carpet for business in Huntington Beach. He added the current focus is Olympic engagement in key areas: coordination with Olympic organizers and media entities; potential to serve as a location for Olympic media coverage, live broadcasts or IOC-led programming to expand Olympic regional footprint; use of local facilities for training or practice; hosting or supporting international delegation activities; and planning Olympic themed community events. Council Woman Van Der Mark and Councilman Gruel expressed their desire to have a plan in place that can streamline the process and encourage local businesses to actively engage in opportunities to bring Olympic business and visitors to Huntington Beach. The expectation is that a system and procedure will be in place that can also be utilized for on-going opportunities. Mayor Burns thanked Former Councilmember and local business owner Erik Peterson for making the call that really started the ball rolling for this effort. A motion was made by McKeon, second Van Der Mark to direct the City Manager to implement a plan (as described above), in coordination with appropriate City departments and Visit Huntington Beach, to explore opportunities for the City of Huntington Beach to engage in Olympic-related programming, partnerships, and activation efforts leading up to and during the 2028 Summer Olympic Games. The Plan should include development of a policy to streamline the process for Olympic related activities such as use of local public or private facilities for training or practice; beach events; cultural activations and public exhibitions; and Olympic media coverage and community engagement sites. The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams NOES: None 29. 25-652 Approved Item Submitted by Council Woman Van Der Mark, Councilman Kennedy, and Councilman Gruel — Sand Replenishment Council Woman Van Der Mark introduced this item by explaining the beach is one of the City's biggest assets and everything possible should be done to protect the beaches. The intent is to ask staff for a Study Session to review the history of sand replenishment and review continuous permitting and funding options. Councilmen Kennedy and Gruel expressed their pride in supporting this important effort to ensure Huntington Beach beaches are properly maintained to preserve the coast, recreation, tourism and ecology. A motion was made by Van Der Mark, second Gruel to direct the City Manager to provide a presentation on sand replenishment at an upcoming Study Session. The presentation should include how the City can advocate at the local, state, and federal levels for support of continuous permitting and funding cycles while collaborating with local coastal agencies. 48 Council/PFA Regular Meeting and Housing Authority Special Meeting Minutes August 19, 2025, Page 16 of 16 The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams NOES: None CITY COUNCIL MEMBER REQUESTS Councilman Williams asked that the City Clerk [City Manager] place an agenda item for the next City Council meeting, September 2, 2025, to consider directing the allocation of approximately $1M in projected revenue from Resolution No. 2025-53 to the Fire and Police Departments for public safety enhancements. ADJOURNMENT — at 8:39 PM, a motion was made by Council Woman Van Der Mark, with a second by Burns, to adjourn in memory of Fountain Valley Fire Chief Bill McQuaid, to the next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority on Tuesday, September 2, 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 49 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-688 MEETING DATE:9/2/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Travis Hopkins, City Manager PREPARED BY:Shannon Levin, Council Policy Analyst Subject: Approve and Authorize First Amendment to Professional Services Contract Between the City of Huntington Beach and Kahn, Soares and Conway for State Legislative Advocacy Services and Approve and Authorize First Amendment to Professional Services Contract Between the City of Huntington Beach and Stapleton & Associates for Federal Legislative Advocacy Services Statement of Issue: Existing agreements for state and federal advocacy services expire in September 2025. These contracts are essential for effective engagement with state and federal agencies and representatives. In 2023, the City issued an RFP for federal and state advocacy services. Kahn, Soares and Conway (KSC) and Stapleton & Associates (Stapleton) were selected for state and federal advocacy respectively, and two-year agreements were authorized in September 2023. The City recommends extending those contracts for an additional year. Financial Impact: Sufficient funds have been budgeted in the FY25-26, Other Professional Services account no. 10030101.69365. Recommended Action: A) Approve and authorize first amendment to professional services agreement with Kahn, Soares and Conway for one year for state legislative advocacy services; and B) Approve and authorize first amendment to professional services agreement with Stapleton & Associates for one year for federal legislative advocacy services. Alternative Action(s): Do not approve and direct staff accordingly. Analysis: At the September 5, 2023 City Council meeting, the City Council voted unanimously to approve two- year professional service contracts for state and federal legislative advocacy services. Those City of Huntington Beach Printed on 8/28/2025Page 1 of 2 powered by Legistar™ 50 File #:25-688 MEETING DATE:9/2/2025 agreements expire in September 2025. KSC and Stapleton & Associates collaborate with the Intergovernmental Relations Committee staff liaison; present legislation that impacts Huntington Beach; advocates for the City Council priorities and projects as directed by staff; identifies outside funds to finance major initiatives; and schedules meetings with the appropriate state and federal legislators and agencies. KSC Should this amendment be approved, the one-year not-to-exceed contract amount will be $90,000. Stapleton Should this amendment be approved, the one-year not-to-exceed contract amount will be $60,000. 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 Attachment(s): 1. Amendment No. 1 - Professional Services Contract with Kahn, Soares and Conway for State Advocacy Services 2. Amendment No. 1 - Professional Services Contract with Stapleton &Associates for Federal Advocacy Services City of Huntington Beach Printed on 8/28/2025Page 2 of 2 powered by Legistar™ 51 52 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON B EACH AND KAHN, SOARES & CONWAY, LLP F OR STATE LEGISLATIVE ADVOCACY SERVICES THIS AMENDMENT is made and ent e re d into by and between th e CITY OF HUNTINGTON BEACH, a Cal ifornia municipal corporation, hereinafter referred to as "City," and KAHN, SOARES & CONWAY, LLP, hereinafter referred to as "Con sultant." WHEREAS, City and Consultant are parties to that certain agreeme nt, dated September 5, 2023, entitled "Profess ional Services Contract Between the C ity of Huntington Beach and Kahn, Soares & Conway, LLP for State Legislative Advocacy Services" which agreement shall he reinafter be referred to as the "Original Agreement"; and City and Consultant wish to ame nd the Original Agreement to inc rease the amount of compensation to be paid to Consultant as well as extend the term, NOW, THEREFORE, it is agreed by City and Consultant as follows: 1. ADDITIONAL COMPENSATION In con s ideratio n of the services to be performed under the O ri gi na l Agreement, C ity agrees to pay Consultant at th e rates specified in Exhibit B which is attached hereto and incorporated by refe rence into this Agreement. City further agrees to pay Consultant an a dditional s um not to exceed N inety T housand Dollars ($90,000.00). The additio na l s um s hall be added to the ori g inal sum of O n e Hundred E ighty T housand Do ll ars ($180,000.00), for a new co ntrac t a mount not to exceed Two Hundred Seven ty Thousand Doll ars ($270,000.00). 25-16927/387168 53 2. TERM The term of the Agreement is extended for one additional year until September 4, 2026. 3. REAFFIRMATION Except as s pecifically modifi ed he re in, all other terms and condi t ions for the Original Agreement shall remain in fu ll force a nd effect. IN WITNESS WHEREOF, the parties h ereto have caused this Agreement to be executed by and through their authorized officers on _________ , 2 0 25. KAHN, SOARES & CONWAY, LLP By: _____________ _ print name CITY OF H UNTINGTON BEACH, a municipal corporation of the State of Cal ifornia ITS: (circle one) Chairman/President/Vice President Mayor AND By: _____________ _ print name ITS: (circle one) Secretary/Chief F inan cial Officer/Asst. Secretary - T reasurer 25-16927 /3 87168 C ity C lerk INITIATED AND APPROVED: City Manager APPROVED AS TO FORM : ?A.,~ ~City Attorney 2 54 2. TERM The term of the Agreement is extended for one additional year until September 4, 2026 . 3. 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 'o/ Z~ , 2025. KAHN, SOARES & CONWAY, LLP ~~M,.k print name CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California ITS: (circle ~ Chainnan/PresidentNicc President . 't' W\~-eA Mayor AND By: ____________ _ print name ITS: (circle one) Secretary/Chief Financial Ofliccr/Asst. Secretary -Treasurer 25-16927/387168 City Clerk INITIATED AND APPROVED: City Manager APPROVED AS TO FORM: ?~~ ~City Attorney 2 1 To : Shannon Levin City of Huntington Beach From: Louie A. Brown, Jr. Kahn, Soares & Conway, LLP Date: August 13, 2025 Re: Government Relations Contract Extension We are honored to accept a one-year extension of our current contract with the City of Huntington Beach. All terms and conditions will remain the same, including but limited to our monthly retainer of $7,500. Thank you for the continued opportunity to represent the City of Huntington Beach. 55 K · KAHN, SOARES & CONWAY, LLP ATTORNEYS AT LAW 08/25/2025 Walter R. Anderson Insurance 3757 State Street Suite 2B Santa Barbara CA 93105 Agency Csr (805) 682-8885 (805) 563-1160 Kahn, Soares & Conway LLP 1415 L Street, Suite 400 Sacramento CA 95814-2823 QBE Insurance Corporation CL2582502832 A LAW-11470-04 06/01/2025 06/01/2026 Professional Liability 2M/2M City of Huntington Beach 2000 Main Street Huntington Beach CA 92648 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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 require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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 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 AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 56 ~ ACORD® ~ l - - Fl □ - - - - - I I □ □ ~ f-- - H T T I □ 57 AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND STAPLETON & AS SOCIA TES FOR FEDERAL LEGISLATIVE ADVOCACY SERVICES 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 STAPLETON & ASSOCIATES, hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement, dated September 5, 2023, entitled "Professional Services Contract Between the City of Huntington Beach and Stapleton & Associates for Federal Legislative Advocacy Services" 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: I. 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 further agrees to pay Consultant an additional sum not to exceed Sixty Thousand Dollars ($60,000.00). The additional sum shall be added to the original swn of One Hundred Eighty Thousand Dollars ($180,000.00), for a new contract amount not to exceed Two Hundred Forty Thousand Dollars ($240,000.00). 25-16947/387474 58 2. TERM The term of the Agreement is extended for one additional year until September 4, 2026. 3. REAFFIRMATION Except as specifically modified herei n, 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. --------- STAPLETON & AS SOCIA TES By: __________ _ print name CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California ITS: (circle one) Cha innan/President/Vice Pre sident Mayor AND By: __________ _ print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary -Treasurer 2 5-16947/387474 City Clerk INITIATED AND APPROVED: ;z "11--/_ _ City Manager r- APPROVED AS TO FORM: J7JL~ f ,.,-C it y Attorney 2 59 2. TERM The term of the Agreement is extended for one additional year until September 4, 2026. 3. 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. AND By:~ e 51rwi ~print name ITS: (cir cle 011e('Secr~/Chief Financial Officer/ Asst. Secrermy-:freasurer 25-16947/387474 . CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor City Clerk INITIATED AND APPROVED: City Manager APPROVED AS TO FORM: &L~ f ,r City Attorney 2 Pricesheet---Stapleton & Associates City of Huntington Beach September 2025 Looking forward to another great year working for the City of Huntington Beach. We have agreed to a price of $5,000 per month. Will provide a Statement of Work at the end of each month. Thankyou, Thomas Stapleton President, Stapleton & Associates 60 61 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE(MM/DD/YYYY) ~ 08/25/2025 ~ TH IS CERTI FICATE IS ISSUED AS A MATTER OF I NFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIF ICATE HOLDER. THIS CERTI FICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALT ER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIF ICATE OF INSURANCE D OES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), A UTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOL DER. IMPORTANT: If the certificate holder is an ADDITIONAL I NSURED, the pollcy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WA IVED, subject to the terms and conditions of the policy, certai n policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such e ndor sement(s). PRODUCER CONTACT NAME: BIBERK r.~~~~---~·-844-472-0967 I r~~ Nol: 203-654-3613 P.O. Box 113247 E-MAIL customerservice@bi BERK.com Stamford, CT 06911 AD=Ess· INSURERISl AFFORDING COVERAGE NAIC # INSURER A: National Uablllty & Fire Insurance Company 20052 INSURED INSURER 8 : Stapleton & Associates LLC INSURERC : 683 S Washington St INSURER 0 : Alexandria, VA 22314 INSURER E: 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\MTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TH IS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM S, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR ,~rJJgM~ ,~1-JriW~ LIMITS LTR l ,~cn l u,,m POLICY NUMBER COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE s ,--□ CLAIMS-MADE □ OCCUR DAMAGE TO RENTED PREMISES tEa occurrence\ s MED EXP (Any one person) s ~ PERSONAL & ADV INJURY s ,-- GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s Fl POLICY □ ~~i □Loe PRODUCTS· COMP/OP AGG s OTHER: s AUTOMOBILE LIABILITY ~~~~~~llNGLE LIMIT s -ANY AUTO BODILY INJURY (Per person) s -OWNED -SCHEDULED BODILY INJURY (Pet acx:ldenl) S -AUTOS ONLY -AUTOS HIRED NON-OWNED rp~~~~J..':.RAMAGE s -AUTOS ONLY -AUTOS ONLY s UMBRELLA LIAB HOCCUR EACH OCCURRENCE s - EXCESSLIAB CLAIMS-MADE AGGREGATE s DED I I RETENTION s s WORKERS COMPENSATION I ~~TlJTE I I OTH- AND EMPLOYERS' LIABILITY ER Y/N ANYPROPRIETOR/PARTNERIEXECUTIVE □ E.L. EACH ACCIDENT s OFFICER/MEMBER EXCLUDED? NIA (Mandatory In NH) E.L. DISEASE · EA EMPLOYEE S ~r~~~~ ~:~PERATIONS below E.L. DISEASE . POLICY LIMIT s A Professiona l Liability (Errors & N9PL562592 0 8/17/2025 08/17/2 0 26 Per Occur rence/ $1,000,000 / Omi ssions): Claims-Made Aggregate $1,0 00,000 '""''"= o, ••=""'" '="""'~"'"~ 1,00., '"• M'"''"" s.m,,., ~•~•'•• •••" _.., "mom"~'• "'"'"'I ~ APPROVED AS TO FORM 8~• I - M iCI--IAEL J. VIGLIOTTA CITY ATTORNEY r1TV OF HUNTINGTON BEACH CERTI FICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The City of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street Huntingto n Beach, CA 92648 AUTHORIZED REPRESENTATIVE tfeJl-, &+b-- I © 1988-2015 ACORD CORPORATION. All rights reserved . ACORD 25 (201 6/03) T he ACORD name and logo ar e registered marks of ACORD City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-694 MEETING DATE:9/2/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Travis Hopkins, City Manager PREPARED BY:Shannon Levin, Council Policy Analyst Subject: Update 2025 City Council Liaison List - Citizen Boards, Commissions, and Committees Statement of Issue: The City Council is being asked to approve updates to Mayor Burns’ 2025 Council Liaison List. Financial Impact: Not applicable Recommended Action: As recommended by the City Council, Public Financing Authority, Housing Authority, Parking Authority, and Successor Agency: Approve updates to the 2025 Council Liaison List that includes appointments to citizen boards, commissions, committees, and task forces as presented by Mayor Burns. (The City Clerk certifies that FPPC Form 806 “Agency Report of Public Official Appointments” which is used to report additional compensation that officials receive when appointing themselves to positions on committees, boards or commissions of a public agency, special district and joint powers agency or authority was posted to the City’s website according to law prior to this vote.) Alternative Action(s): Do not approve, and direct staff accordingly. Analysis: The City Council Liaison List will reflect the appointment of Jason Schmitt to City Treasurer and updates will be reflected in the Huntington Beach Housing Authority, Public Financing Authority, Parking Authority, and Successor Agency to the Former Redevelopment Agency for the City of Huntington Beach. The California Coastal Coalition (Cal Coast Board) will be deleted from the list due to dissolution. 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 City of Huntington Beach Printed on 8/28/2025Page 1 of 2 powered by Legistar™ 62 File #:25-694 MEETING DATE:9/2/2025 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): 1.2025 Council Liaison List _ Redline 2.2025 Council Liaison List _ Clean City of Huntington Beach Printed on 8/28/2025Page 2 of 2 powered by Legistar™ 63 2025 Council Liaison List Updated April 15, 2025 September 2, 2025 Page 1 of 6 CITIZEN BOARDS, COMMISSIONS AND COMMITTEES (Appointed by City Council to Four-Year Terms) Citizen-led Legislative Bodies Council Liaisons Meeting Date/Place Staffing Department City Celebration Committee No Term Limits McKeon, Twining And 7-9 Mayoral Appointments Twice per Year City Manager’s Office Design Review Board Kennedy, Twining 2nd Thursday, monthly, 3:30 PM Civic Center, Lower Level, B-8 Community Development Harbor Commission Burns, Van Der Mark 4th Thursday, monthly, 5:00 PM Civic Center, Lower Level B-8 Fire Historic Resources Board Twining, Gruel 3rd Wednesday monthly, 5:00 PM Civic Center, Lower Level B-7 Community & Library Services Personnel Commission1 Gruel, Van Der Mark 3rd Wednesday Quarterly, 5:30 PM (January, April, July, October) Civic Center, Lower Level B-8 Human Resources Independence Day Board McKeon, Van Der Mark 1st Wednesday, monthly, 6:00 PM Civic Center, Lower Level B-8 Community & Library Services Citizen Infrastructure Advisory Board / Public Works Commission Individual Appointments 3rd Wednesday, monthly, 5:00 PM Utilities Yard, 19021 Huntington St Public Works Citizen Participation Advisory Board Individual Appointments 1st Thursday, monthly from Jan.- June and as needed, 6:00 PM Civic Center, Lower Level B-8 Community Development Community & Library Services Commission Individual Appointments 2nd Wednesday, monthly, 6:00 PM Civic Center Council Chambers Community & Library Services Finance Commission Individual Appointments 4th Wednesday, monthly, 5:00 PM Civic Center, Council Chambers Finance Investment Advisory Board Individual Appointments 3rd Thursday Quarterly (Jan., April, July, Oct.), 6:00 PM Civic Center, B7/B8 City Treasurer 64 CITY OF -HUNTINGTON BEACH 2025 Council Liaison List Updated April 15, 2025 September 2, 2025 Page 2 of 6 Planning Commission Individual Appointments 2nd & 4th Tuesday, monthly, 6:00 PM Civic Center, Council Chambers Community Development Sunset Beach Local Coastal Program Review Board2 N/A 2nd Tuesday, monthly, 7:30 PM Nobles Family Community Center Community Development Supplemental Employee Retirement Plan and Trust Board3 City Manager, Director of Finance/CFO, and City Treasurer Quarterly or as needed City Treasurer Zoning Administrator3 Senior-level or higher City staff planner appointed by Director of Community Development 1st and 3rd Wednesday, monthly, 1:30PM Community Development COUNCIL COMMITTEES (STANDING) (Created by City Council Action, consisting of three Council members; subject to the Brown Act) Council Committees Committee Members Meeting Date/Place Staffing Department Communications Committee Burns, McKeon, Van Der Mark 4th Tuesday, monthly, 3:30 PM, Civic Center, 4th Floor, CR #2 City Manager’s Office Economic Development Committee (EDC) Burns, McKeon, Van Der Mark 2nd Wednesday, every other month, 3:30 PM Civic Center, Lower Level B-8 Community Development Intergovernmental Relations Committee (IRC) Burns, Twining, Van Der Mark 3rd Wednesday, monthly, 4:00 PM Civic Center, 4th Floor, CR #2 City Manager’s Office Southeast Area Committee McKeon, Kennedy, Twining 4th Wednesday, every other month January - November, 4:30 PM Civic Center, Lower Level Room B-8 City Manager’s Office Sunset Beach Area Committee Burns, Van Der Mark, Williams As needed. Civic Center, Lower Level Room B-8 Community Development Specific Events Executive Committee Burns, Van Der Mark, Williams As needed. Civic Center, 4th Floor, CR #2 Community & Library Services 65 2025 Council Liaison List Updated April 15, 2025 September 2, 2025 Page 3 of 6 COUNCIL COMMITTEES (AD-HOC) (Created by City Council Action; not subject to the Brown Act) Council Committee Committee Members Meeting Date/Place Staffing Department Downtown and Beach Front Ad hoc Council Committee McKeon, Van Der Mark As needed. Community Development OTHER CITY AND CITIZEN COMMITTEES (Community/Stakeholders Meetings w/ Roundtable format hosted by the City; not subject to the Brown Act) Citizen Group Council Liaisons Meeting Date/Place Staffing Department Homeless Task Force McKeon, Van Der Mark, Williams 3rd Wednesday, monthly, 3:00 PM Civic Center, Lower Level B-7 Police Department Huntington Central Park Collaborative Twining, Williams Last Tuesday, monthly, 3:30 PM Civic Center, Lower Level B-8 Community & Library Services Oak View Community Meetings Burns, Kennedy, Van Der Mark As needed. Oak View Elementary School Community & Library Services School District / City Burns, Van Der Mark 3rd Monday, quarterly, 3:30 PM Civic Center, Lower Level B-8 City Manager’s Office 66 2025 Council Liaison List Updated April 15, 2025 September 2, 2025 Page 4 of 6 COMMUNITY GROUPS/ INDEPENDENT CITY-AFFILIATED BOARDS (Community groups both local and regional requiring participation by one or two Council Members; Citizen Members are not appo intees) Citizen Group Council Liaisons Meeting Date/Place Staffing Department Huntington Beach Council on Aging Gruel, Twining 1st Thursday, monthly, 9:00 AM Senior Center (EMG, Room 1) Community & Library Services Huntington Beach Downtown Business Improvement District (Downtown BID) 4 Burns, Van Der Mark 2nd Thursday, monthly, 9:00 AM Huntington Beach Art Center Community Development Neighborhood Watch Burns, Williams 2nd Tuesday, monthly, 6:00 PM (No meetings July, August, December) Police Dept, 1st Floor Conf. Room Police Department Sister City Association Kennedy, Twining 2nd Wednesday, monthly, 6:00 PM Central Library (Room TBA) Community & Library Services West O.C. Water Board (WOCWB) $100 per quarterly meeting4 Burns, Van Der Mark (McKeon, Alternate) 3rd Wednesday, quarterly, 4:00 PM (January - October) Utilities Operations Building 19001 Huntington St. Public Works APPOINTMENTS BY STATE & REGIONAL AGENCIES (For informational purposes) Name of Agency/Committee Appointments City Selection Committee Burns (Van Der Mark, Alternate) Orange County Housing Finance Trust Van Der Mark, through November 2026 OC San Appointment to SARFPA Burns 67 2025 Council Liaison List Updated April 15, 2025 September 2, 2025 Page 5 of 6 COMMUNITY & REGIONAL AGENCIES AND COMMITTEES (Appointed by Mayor) Name of Agency/Committee Appointee Meeting Date/ Place Association of California Cities – Orange County (ACCOC) Twining As needed California Coastal Coalition (CalCoast) Board Burns, Van Der Mark 2-3 meetings/year, location varies Huntington Beach Chamber of Commerce Government Affairs Committee Gruel, Twining Quarterly, meeting time varies. Golden West College 15744 Golden West St. Admin Bldg. 4-Room137 O.C. Council of Governments (OCCOG) Twining (Burns Alternate) 4th Thursday Monthly, 10:30 AM Irvine Civic Center, City Council Chambers 1 Civic Center Plaza, Irvine Orange County Mosquito and Vector Control District $100 monthly. Term: Two (2) years Van Der Mark (term expires January 2027) 3rd Thursday, monthly, 3:00 PM OC MVC District Headquarters 13001 Garden Grove Blvd., Garden Grove, CA O.C. Sanitation District Board of Directors (Plus, Committee assigned by Chair) $315.00 per meeting plus mileage Burns (Van Der Mark Alternate) 4th Wednesday, monthly, 6:00 PM Zoom / OCSD Administrative Office 10844 Ellis Ave., Fountain Valley, CA Santa Ana River Flood Protection Agency (SARFPA) Van Der Mark Executive Committee Meetings: 4th Thurs, 4:00 PM January, March, May, July, September Full Agency Meetings: June, November Zoom Southern California Association of Governments (SCAG) Regional Council District 64 Delegate Term1 $120 per meeting Twining (SCAG appointment is also on OCCOG) 1st Thursday, monthly, 9:00 AM – 2:00 PM Virtual Meeting / SCAG Office, Downtown L.A. Visit Huntington Beach Advocacy Committee Van Der Mark (McKeon Alternate) Monthly, usually Tuesday at 3:30 PM may vary. VHB Office / Zoom 155 Fifth Street, Suite 111, Huntington Beach 1 2-year term 2 The primary structure of the Sunset Beach Local Coastal Program Review Board remains the same after the annexation. The Board is comprised of seven members initially appointed by the OC Board of Supervisors and subsequent members elected by the Review Board itself. 3 Staff only; Council Liaisons not assigned. 4 Brown Act Applicable 68 2025 Council Liaison List Updated April 15, 2025 September 2, 2025 Page 6 of 6 Huntington Beach Housing Authority Public Financing Authority Chairperson: Mayor Pat Burns Chairperson: Mayor Pat Burns Vice Chairperson: Mayor Pro Tem Casey McKeon Vice Chairperson: Mayor Pro Tem Casey McKeon Commissioners: Andrew Gruel, Don Kennedy, Butch Twining, Gracey Van Der Mark, Chad Williams Commissioners: Andrew Gruel, Don Kennedy, Butch Twining, Gracey Van Der Mark, Chad Williams Executive Officer: Travis Hopkins, City Manager Executive Officer: Travis Hopkins, City Manager Authority Treasurer: Alisa Backstrom Jason Schmitt Authority Treasurer: Alisa Backstrom Jason Schmitt Authority Clerk: Lisa Lane Barnes Authority Clerk: Lisa Lane Barnes Authority Attorney: Mike Vigliotta Authority Attorney: Mike Vigliotta Parking Authority Successor Agency to the Former Redevelopment Agency of the City of Huntington Beach Chairperson: Mayor Pat Burns Chairperson: Mayor Pat Burns Vice Chairperson: Mayor Pro Tem Casey McKeon Vice Chairperson: Mayor Pro Tem Casey McKeon Commissioners: Andrew Gruel, Don Kennedy, Butch Twining, Gracey Van Der Mark, Chad Williams Commissioners: Andrew Gruel, Don Kennedy, Butch Twining, Gracey Van Der Mark, Chad Williams Executive Officer: Travis Hopkins, City Manager Executive Officer: Travis Hopkins, City Manager Authority Treasurer: Alisa Backstrom Jason Schmitt Agency Treasurer: Alisa Backstrom Jason Schmitt Authority Clerk: Lisa Lane Barnes Agency Clerk: Lisa Lane Barnes Authority Attorney: Mike Vigliotta Agency Attorney: Mike Vigliotta NOTE: The Oversight Board had a 4-year term designated by California State Governor Jerry Brown that expired in 2016. The duties have since been transferred to the County of Orange who will oversee the Redevelopment projects/obligations until termination. Please refer to the Orange Countywide Oversight Board (OCOB). Auditor Controller’s Office website for detailed information at https://ocauditor.com/ob/. 69 2025 Council Liaison List Updated September 2, 2025 Page 1 of 6 CITIZEN BOARDS, COMMISSIONS AND COMMITTEES (Appointed by City Council to Four-Year Terms) Citizen-led Legislative Bodies Council Liaisons Meeting Date/Place Staffing Department City Celebration Committee No Term Limits McKeon, Twining And 7-9 Mayoral Appointments Twice per Year City Manager’s Office Design Review Board Kennedy, Twining 2nd Thursday, monthly, 3:30 PM Civic Center, Lower Level, B-8 Community Development Harbor Commission Burns, Van Der Mark 4th Thursday, monthly, 5:00 PM Civic Center, Lower Level B-8 Fire Historic Resources Board Twining, Gruel 3rd Wednesday monthly, 5:00 PM Civic Center, Lower Level B-7 Community & Library Services Personnel Commission1 Gruel, Van Der Mark 3rd Wednesday Quarterly, 5:30 PM (January, April, July, October) Civic Center, Lower Level B-8 Human Resources Independence Day Board McKeon, Van Der Mark 1st Wednesday, monthly, 6:00 PM Civic Center, Lower Level B-8 Community & Library Services Citizen Infrastructure Advisory Board / Public Works Commission Individual Appointments 3rd Wednesday, monthly, 5:00 PM Utilities Yard, 19021 Huntington St Public Works Citizen Participation Advisory Board Individual Appointments 1st Thursday, monthly from Jan.- June and as needed, 6:00 PM Civic Center, Lower Level B-8 Community Development Community & Library Services Commission Individual Appointments 2nd Wednesday, monthly, 6:00 PM Civic Center Council Chambers Community & Library Services Finance Commission Individual Appointments 4th Wednesday, monthly, 5:00 PM Civic Center, Council Chambers Finance Investment Advisory Board Individual Appointments 3rd Thursday Quarterly (Jan., April, July, Oct.), 6:00 PM Civic Center, B7/B8 City Treasurer 70 CITY OF -HUNTINGTON BEACH 2025 Council Liaison List Updated September 2, 2025 Page 2 of 6 Planning Commission Individual Appointments 2nd & 4th Tuesday, monthly, 6:00 PM Civic Center, Council Chambers Community Development Sunset Beach Local Coastal Program Review Board2 N/A 2nd Tuesday, monthly, 7:30 PM Nobles Family Community Center Community Development Supplemental Employee Retirement Plan and Trust Board3 City Manager, Director of Finance/CFO, and City Treasurer Quarterly or as needed City Treasurer Zoning Administrator3 Senior-level or higher City staff planner appointed by Director of Community Development 1st and 3rd Wednesday, monthly, 1:30PM Community Development COUNCIL COMMITTEES (STANDING) (Created by City Council Action, consisting of three Council members; subject to the Brown Act) Council Committees Committee Members Meeting Date/Place Staffing Department Communications Committee Burns, McKeon, Van Der Mark 4th Tuesday, monthly, 3:30 PM, Civic Center, 4th Floor, CR #2 City Manager’s Office Economic Development Committee (EDC) Burns, McKeon, Van Der Mark 2nd Wednesday, every other month, 3:30 PM Civic Center, Lower Level B-8 Community Development Intergovernmental Relations Committee (IRC) Burns, Twining, Van Der Mark 3rd Wednesday, monthly, 4:00 PM Civic Center, 4th Floor, CR #2 City Manager’s Office Southeast Area Committee McKeon, Kennedy, Twining 4th Wednesday, every other month January - November, 4:30 PM Civic Center, Lower Level Room B-8 City Manager’s Office Sunset Beach Area Committee Burns, Van Der Mark, Williams As needed. Civic Center, Lower Level Room B-8 Community Development Specific Events Executive Committee Burns, Van Der Mark, Williams As needed. Civic Center, 4th Floor, CR #2 Community & Library Services 71 2025 Council Liaison List Updated September 2, 2025 Page 3 of 6 COUNCIL COMMITTEES (AD-HOC) (Created by City Council Action; not subject to the Brown Act) Council Committee Committee Members Meeting Date/Place Staffing Department Downtown and Beach Front Ad hoc Council Committee McKeon, Van Der Mark As needed. Community Development OTHER CITY AND CITIZEN COMMITTEES (Community/Stakeholders Meetings w/ Roundtable format hosted by the City; not subject to the Brown Act) Citizen Group Council Liaisons Meeting Date/Place Staffing Department Homeless Task Force McKeon, Van Der Mark, Williams 3rd Wednesday, monthly, 3:00 PM Civic Center, Lower Level B-7 Police Department Huntington Central Park Collaborative Twining, Williams Last Tuesday, monthly, 3:30 PM Civic Center, Lower Level B-8 Community & Library Services Oak View Community Meetings Burns, Kennedy, Van Der Mark As needed. Oak View Elementary School Community & Library Services School District / City Burns, Van Der Mark 3rd Monday, quarterly, 3:30 PM Civic Center, Lower Level B-8 City Manager’s Office 72 2025 Council Liaison List Updated September 2, 2025 Page 4 of 6 COMMUNITY GROUPS/ INDEPENDENT CITY-AFFILIATED BOARDS (Community groups both local and regional requiring participation by one or two Council Members; Citizen Members are not appo intees) Citizen Group Council Liaisons Meeting Date/Place Staffing Department Huntington Beach Council on Aging Gruel, Twining 1st Thursday, monthly, 9:00 AM Senior Center (EMG, Room 1) Community & Library Services Huntington Beach Downtown Business Improvement District (Downtown BID) 4 Burns, Van Der Mark 2nd Thursday, monthly, 9:00 AM Huntington Beach Art Center Community Development Neighborhood Watch Burns, Williams 2nd Tuesday, monthly, 6:00 PM (No meetings July, August, December) Police Dept, 1st Floor Conf. Room Police Department Sister City Association Kennedy, Twining 2nd Wednesday, monthly, 6:00 PM Central Library (Room TBA) Community & Library Services West O.C. Water Board (WOCWB) $100 per quarterly meeting4 Burns, Van Der Mark (McKeon, Alternate) 3rd Wednesday, quarterly, 4:00 PM (January - October) Utilities Operations Building 19001 Huntington St. Public Works APPOINTMENTS BY STATE & REGIONAL AGENCIES (For informational purposes) Name of Agency/Committee Appointments City Selection Committee Burns (Van Der Mark, Alternate) Orange County Housing Finance Trust Van Der Mark, through November 2026 OC San Appointment to SARFPA Burns 73 2025 Council Liaison List Updated September 2, 2025 Page 5 of 6 COMMUNITY & REGIONAL AGENCIES AND COMMITTEES (Appointed by Mayor) Name of Agency/Committee Appointee Meeting Date/ Place Association of California Cities – Orange County (ACCOC) Twining As needed Huntington Beach Chamber of Commerce Government Affairs Committee Gruel, Twining Quarterly, meeting time varies. Golden West College 15744 Golden West St. Admin Bldg. 4-Room137 O.C. Council of Governments (OCCOG) Twining (Burns Alternate) 4th Thursday Monthly, 10:30 AM Irvine Civic Center, City Council Chambers 1 Civic Center Plaza, Irvine Orange County Mosquito and Vector Control District $100 monthly. Term: Two (2) years Van Der Mark (term expires January 2027) 3rd Thursday, monthly, 3:00 PM OC MVC District Headquarters 13001 Garden Grove Blvd., Garden Grove, CA O.C. Sanitation District Board of Directors (Plus, Committee assigned by Chair) $315.00 per meeting plus mileage Burns (Van Der Mark Alternate) 4th Wednesday, monthly, 6:00 PM Zoom / OCSD Administrative Office 10844 Ellis Ave., Fountain Valley, CA Santa Ana River Flood Protection Agency (SARFPA) Van Der Mark Executive Committee Meetings: 4th Thurs, 4:00 PM January, March, May, July, September Full Agency Meetings: June, November Zoom Southern California Association of Governments (SCAG) Regional Council District 64 Delegate Term1 $120 per meeting Twining (SCAG appointment is also on OCCOG) 1st Thursday, monthly, 9:00 AM – 2:00 PM Virtual Meeting / SCAG Office, Downtown L.A. Visit Huntington Beach Advocacy Committee Van Der Mark (McKeon Alternate) Monthly, usually Tuesday at 3:30 PM may vary. VHB Office / Zoom 155 Fifth Street, Suite 111, Huntington Beach 1 2-year term 2 The primary structure of the Sunset Beach Local Coastal Program Review Board remains the same after the annexation. The Board is comprised of seven members initially appointed by the OC Board of Supervisors and subsequent members elected by the Review Board itself. 3 Staff only; Council Liaisons not assigned. 4 Brown Act Applicable 74 2025 Council Liaison List Updated September 2, 2025 Page 6 of 6 Huntington Beach Housing Authority Public Financing Authority Chairperson: Mayor Pat Burns Chairperson: Mayor Pat Burns Vice Chairperson: Mayor Pro Tem Casey McKeon Vice Chairperson: Mayor Pro Tem Casey McKeon Commissioners: Andrew Gruel, Don Kennedy, Butch Twining, Gracey Van Der Mark, Chad Williams Commissioners: Andrew Gruel, Don Kennedy, Butch Twining, Gracey Van Der Mark, Chad Williams Executive Officer: Travis Hopkins, City Manager Executive Officer: Travis Hopkins, City Manager Authority Treasurer: Jason Schmitt Authority Treasurer: Jason Schmitt Authority Clerk: Lisa Lane Barnes Authority Clerk: Lisa Lane Barnes Authority Attorney: Mike Vigliotta Authority Attorney: Mike Vigliotta Parking Authority Successor Agency to the Former Redevelopment Agency of the City of Huntington Beach Chairperson: Mayor Pat Burns Chairperson: Mayor Pat Burns Vice Chairperson: Mayor Pro Tem Casey McKeon Vice Chairperson: Mayor Pro Tem Casey McKeon Commissioners: Andrew Gruel, Don Kennedy, Butch Twining, Gracey Van Der Mark, Chad Williams Commissioners: Andrew Gruel, Don Kennedy, Butch Twining, Gracey Van Der Mark, Chad Williams Executive Officer: Travis Hopkins, City Manager Executive Officer: Travis Hopkins, City Manager Authority Treasurer: Jason Schmitt Agency Treasurer: Jason Schmitt Authority Clerk: Lisa Lane Barnes Agency Clerk: Lisa Lane Barnes Authority Attorney: Mike Vigliotta Agency Attorney: Mike Vigliotta NOTE: The Oversight Board had a 4-year term designated by California State Governor Jerry Brown that expired in 2016. The duties have since been transferred to the County of Orange who will oversee the Redevelopment projects/obligations until termination. Please refer to the Orange Countywide Oversight Board (OCOB). Auditor Controller’s Office website for detailed information at https://ocauditor.com/ob/. 75 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-689 MEETING DATE:9/2/2025 REQUEST FOR CITY COUNCIL / HOUSING AUTHORITY ACTION SUBMITTED TO:Honorable Mayor and City Council Members / Honorable Chair and Board Members SUBMITTED BY:Travis Hopkins, City Manager VIA:Jennifer Villasenor, Director of Community Development PREPARED BY:Charles Kovac, Housing Manager Subject: Approve and authorize execution of the First Amendment to the Affordable Housing Agreement between the City of Huntington Beach and Nash-Holland 18750 Delaware Investors, LLC - continued from the August 19, 2025, meeting -WITHDRAWN City of Huntington Beach Printed on 8/28/2025Page 1 of 1 powered by Legistar™ 76 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-690 MEETING DATE:9/2/2025 REQUEST FOR HOUSING AUTHORITY ACTION SUBMITTED TO:Honorable Chair and Board Members SUBMITTED BY:Travis Hopkins, City Manager VIA:Jennifer Villasenor, Director of Community Development PREPARED BY:Charles Kovac, Housing Manager Subject: Approve and Authorize Execution of the Third Amendment to the Affordable Housing Agreement and the Second Amendment to the Declaration of Covenants, Conditions and Restrictions to Extend Affordability Covenants by Three Years for the Five Points Senior Villas Project (Revised Request) - continued from the August 19, 2025, meeting Statement of Issue: On August 19, 2025, the City Council, acting as the Huntington Beach Housing Authority, continued agenda Item 19 (25-637) to September 2, 2025, in order for City staff to renegotiate the proposed extension of the existing affordability covenants at the Five Point Senior Villas apartment project located at 18651 Florida Street (“Project”). Five Points Senior, L.P. (“Owner”) has agreed to increase their affordability covenant extension from one year as proposed on August 19 to three years. Attachment No. 3 contains a memorandum to the Housing Authority Board that outlines the Owner’s plan of action over the next three years and the revised recommended actions for the Housing Authority Board to consider on September 2, 2025. The Huntington Beach Housing Authority (“Authority”) is requested to approve a three-year extension of existing affordability covenants for the Five Points Senior Villas Apartments, a 164-unit senior housing community located at 18651 Florida Street. The extension would maintain existing income restrictions on 48 units (32 very low-income and 16 low/moderate-income) through July 30, 2029. The extension has been requested by the property owner and would be implemented through amendments to the existing Affordable Housing Agreement and Declaration of Covenants, Conditions, and Restrictions. Financial Impact: There is no fiscal impact. Five Points Seniors, L.P. does not have an existing loan or financial obligation to the City. City of Huntington Beach Printed on 8/28/2025Page 1 of 3 powered by Legistar™ 77 File #:25-690 MEETING DATE:9/2/2025 Revised Recommended Actions: A) Approve the Third Amendment to the Affordable Housing Agreement by and between the Huntington Beach Housing Authority and Five Points Seniors, L.P. to extend the affordability covenants by three years until July 30, 2029, and direct the City Attorney to revise said Third Amendment to reflect this three-year extension; B) Approve the Second Amendment to the Declaration of Covenants, Conditions, and Restrictions by and between the Huntington Beach Housing Authority and Five Points Seniors, L.P. to extend the affordability covenants by three years until July 30, 2029, and direct the City Attorney to revise said Second Amendment to reflect this three-year extension; and, C) Authorize the Housing Authority Executive Director or their designee to execute the Third Amendment to the Affordable Housing Agreement, the Second Amendment to the Declaration of Covenants, Conditions and Restrictions, and all related documents necessary to implement the three -year extension. Alternative Action(s): Do not approve the Amendments and let the affordability restrictions expire on July 30, 2026. Analysis: The action being requested is brought forward for consideration by the Huntington Beach Housing Authority, which serves as the housing successor to the former Huntington Beach Redevelopment Agency. Under State law, when redevelopment agencies were dissolved in 2012, housing assets and responsibilities, including monitoring and enforcement of long-term affordability covenants, were transferred to local housing successor agencies. In Huntington Beach, the City Council serves as the governing body of the Housing Authority. The Five Points Senior Villas Project is one such legacy project. Developed in the early 1990s, the 164-unit senior apartment community at 18651 Florida Street includes 48 affordable units restricted to low- and very low-income households. These affordability restrictions were originally imposed through a 1991 Affordable Housing Agreement and a 1993 Declaration of Covenants, Conditions, and Restrictions (CC&Rs), both executed by the former Redevelopment Agency. The original affordability period was 30 years, set to expire on July 30, 2023. In 2020, the Housing Authority approved amendments to extend the affordability restrictions by three years, through July 30, 2026. The revised request is to approve another three-year extension, through July 30, 2029. Although it is unusual for a private property owner to request a voluntary extension of affordability restrictions without seeking financial consideration, staff has confirmed that the owner’s request is motivated by two key factors: 1. Avoiding Disruption to Senior Residents: If no extension is approved, the owner would be required by State law to issue formal notices to residents about the upcoming expiration of the affordability period. Given the vulnerable nature of the senior population and the uncertainty that such notices can create, the owner has expressed a desire to avoid causing unnecessary City of Huntington Beach Printed on 8/28/2025Page 2 of 3 powered by Legistar™ 78 File #:25-690 MEETING DATE:9/2/2025 confusion or concern, particularly if the affordability ends up being extended further in the near future. 2. Evaluating Long-Term Options: The owner has indicated they are actively evaluating the long- term future of the property and may bring forward a proposal that includes physical rehabilitation, restructuring, and a long-term affordability extension. The three-year extension provides time for those plans to be finalized and reviewed without allowing the existing affordability covenants to lapse in the interim. The proposed amendments, a Third Amendment to Affordable Housing Agreement and a Second Amendment to the CC&Rs, were prepared by the City Attorney’s office and are included as Attachments 1 and 2 but would need to be updated upon approval by the Housing Authority to reflect the revised three-year extension. Approval of this request allows the Housing Authority to preserve 48 units of affordable senior units for at least three additional years, with no cost to the City and no new obligations created. Staff recommends approval of the proposed amendments to ensure continuity of affordability restrictions while longer-term plans are developed. Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) as it is not a project. Pursuant to CEQA Guidelines Section 15378 (b), administrative activities that will not result in direct or indirect physical changes to the environment are not projects and therefore, not subject to CEQA. Strategic Plan Goal: Non Applicable - Administrative Item For details, visit www.huntingtonbeachca.gov/strategicplan. Attachment(s): 1. Proposed Third Amendment to the Affordable Housing Agreement by and between the Huntington Beach Housing Authority and Five Points Seniors, L.P. for the Five Points Senior Villas housing project 2. Proposed Second Amendment to the Declaration of Covenants, Conditions and Restrictions by and between the Huntington Beach Housing Authority and Five Points Seniors, L.P. for the Five Points Senior Villas housing project 3. Memorandum to Housing Authority Board City of Huntington Beach Printed on 8/28/2025Page 3 of 3 powered by Legistar™ 79 80 25-16743/384427 THIRD AMENDMENT TO AFFORDABLE HOUSING AGREEMENT (Five Points Senior Villas) by and between the HUNTINGTON BEACH HOUSING AUTHORITY as successor agency to the REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, and FIVE POINTS SENIORS, L.P., 81 THIRD AMENDMENT TO AFFORDABLE HOUSING AGREEMENT (Five Points Senior Villas) THIS THIRD AMENDMENT TO AFFORDABLE HOUSING AGREEMENT (the "Third Amendment") is entered into as of August 19, 2025 by and between the HUNTINGTON BEACH HOUSING AUTHORITY as successor agency to the REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, a public body corporate and politic organized and existing under the laws of the State of California (the "Authority") and FIVE POINTS SENIORS, L.P., a California limited partnership (the "Developer") and amends that certain Affordable Housing Agreement (Five Points Senior Villas), dated as of November 18, 1991, by and between the predecessor to the Authority and the Developer, as previously amended by the First Amendment to Affordable Housing Agreement dated as of April 1, 1999, and by the Second Amendment to Affordable Housing Agreement dated June 15, 2020 (the "Agreement"). WHEREAS, the affordability set-aside restrictions of the Agreement are due to expire on or about July 30, 2026; and WHEREAS, it is in the mutual beneficial interests of the Authority and the Developer to continue to provide suitable affordable housing to qualifying senior citizens beyond the current expiration date by extending the expiration date of such set-aside restrictions. NOW, THEREFORE, for good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: Section 1. Amendment. The first sentence of §402(2) of the Agreement is amended and restated in its entirety to read "The Affordable Units shall be subject to the requirements of this Section 402 until July 30, 2027. Section 2. Execution in Several Counterparts. This Third Amendment may be executed in any number of counterparts, and each of such counterparts shall for all purposes be deemed to be an original, and all such counterparts shall together constitute but one and the same instrument. Section 3. No Other Modifications. Except as expressly set forth herein, the rest and remainder of the provisions of the Agreement shall remain in full force and effect in accordance with its respective terms. Section 4. Governing Law. This Third Amendment shall be governed by and construed in accordance with the laws of the State of California. Section 5. Interpretation. In the event of any conflict between the provisions of the Agreement and the provisions of the Amendment, the provisions of the Amendment shall control. 2 Docusign Envelope ID: 42EBA809-72DE-4933-BEF8-F8D0734451F4 82 Section 7. Severability. If any provision of this Third Amendment shall be held or deemed to be or shall, in fact, be illegal, inoperative or unenforceable, the same shall not affect any other provision or provisions herein contained or render the same invalid, inoperative or unenforceable to any extent whatever. IN WITNESS WHEREOF, the Authority and the Developer have executed this Third Amendment to Affordable Housing Agreement by the parties' duly authorized representatives as of the date first written above. APPR ~::T;: 6_y:\A.L.::;:'.:::===-::::::::::=,;~ MICHAEL J. VIGLIOTTA C!TY ATTORNEY CI TY OF HU NTINGTON BEAC H HUNTINGTON BEACH HOUSING AUTHORITY By : ------------ Its: FIV E POI TT S IIO U S G L P, a Ca li fo rni a limi te d part nership By: AHA Orange II MGP, LLC, a California limited liability company, its Managing General Partner By: Affordable Housing Access, Inc., a California nonprofit public benefit corporation, its Mana ig ned by: By: Vasilios Salamandrakis, President By: KDF Valley Palms, L.P., a California limited partnership, its Co-General Partner By: KDF Communities -Valley Palms, LLC, a California limited liability company its Gcne ~F-, By:~!L:,: lt~~ Marquis E. Hyatt, Primary Managing Member 3 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Five Points Seniors, L.P. 4 White Cliff Laguna Niguel, CA 92677 SECOND AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS THIS SECOND AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (the "Amendment") is entered into as of August 19, 2025 by and among the HUNTINGTON BEACH HOUSING AUTHORITY as successor agency to the REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, a public body corporate and politic organized and existing under the laws of the State of California, ("Authority") the City of Huntington Beach (the "City") and FIVE POINTS SENIORS, L.P., a California limited partnership (the "Developer") and amends that certain Declaration of Covenants, Conditions, and Restrictions dated as of October 20, 1993, and recorded January 10, 1994 in the Orange County Recorder's Office as Document Number 94-0018299, and as previously amended by the First Amendment to the Declaration of Covenants, Conditions, and Restrictions dated June 15, 2020, and recorded June 26, 2020 in the Orange County Recorder's Office as Document No. 2020000298800, by and between the Authority and the Developer (the "Agreement"). WHEREAS, the Agreement concerns that certain real property located in the City of Huntington Beach, County of Orange, State of California as more particularly described on Exhibit A hereto; and WHEREAS, the affordability set-aside restrictions of the Agreement are due to expire on or about July 30, 2026; and WHEREAS, it is in the mutual beneficial interests of the Authority, City and the Developer to continue to provide suitable affordable housing to qualifying senior citizens beyond the current expiration date by extending the expiration date of such set-aside restrictions. WHEREAS, the City's consent is required to amend this Agreement pursuant to Section 9.a of the Agreement. NOW, THEREFORE, for good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: Section 1. Amendment. The first sentence of Section 1.B of the Agreement is amended and restated in its entirety to read "The Affordable Units shall be subject to the requirements of this Section 1 until July 30, 2027." 25-16743/384430 83 Section 2. Execution in Several Counterparts. This Amendment may be executed in any number of counterparts, and each of such shall for all purposes be deemed to be an original, and all such counterparts shall together constitute but one and the same instrument. Section 3. No Other Modifications. Except as expressly set forth herein, the rest and remainder of the provisions of the Agreement shall remain in full force and effect in accordance with its respective terms. From and after the date hereof, references to the "Agreement" shall mean the Agreement as amended by this Amendment. Section 4. Governing Law. This Amendment shall be governed by and construed in accordance with the laws of the State of California. Section 5. Interpretation. In the event of any conflict between the provisions of the Agreement and the provisions of the Amendment, the provisions of the Amendment shall control. Section 6. Severability. If any provision of this Amendment shall be held or deemed to be or shall, in fact, be illegal, inoperative or unenforceable, the same shall not affect any other provision or provisions herein contained or render the same invalid, inoperative or unenforceable to any extent whatever. IN WITNESS WHEREOF, the Authority, City and the Developer have executed this Amendment as of the date first written above. 25-16743/3 84430 HUNTINGTON BEACH HOUSING AUTHORITY By: Its: CITY OF HUNTINGTON BEACH By: ----------- Its: 2 APP�� AS TO FORM �:� MICHAEL J. VIGLIOTTA CITY ATTORNEY CITY OF HUNTINGTON BEACH 84 25-16743/384430 FIVE POINTS HOUSING LP, a California limited partnership By: AHA Orange II MOP, LLC, a California limited liability company, its Managing General Partner By: Affordable Housing Access, Inc., a California nonprofit public benefit corporation, its Manager By: Vasilios Salamandrakis, President By: KDF Valley Palms, L.P., a California limited partnership, its Co-General Partner By: KDF Communities -Valley Palms, LLC, a California limited liability company its General Partner By: Marquis E. Hyatt, Primary Managing Member 3 Docusign Envelope ID: 42EBA809-72DE-4933-BEF8-F8D0734451F4 85 Signed by: Va,,i,•.,, Sala-a~/va),) ~ DocuSigned by : ~°!}MS £. tt~iJf 198O048D0?BE4 13 EXHIBIT A 25-16743/384430 4 86 Branch :NCS User :ARIV Documents provided by DataTree LLC via It's proprietary Imaging and delivery system. copyright 2003, All rights reserved. Title Officer : 55 Order : 1015996 l. EXHIBIT A Legal Description The Land referred to herein below is situated in the Qty of Huntington Beach, County of Orange, State of califomia, and is described as follows: PARCELS 1 AND 2, AS SHOWN ON PARCEL MAP NO. 79-559, IN THE CITY OF HUNTINGTON BEACH, COUNlY OF ORANGE, STA1E OF CAUFORNIA FILED IN BOOK 134, PAGE 22 OF PARCEL MAPS, RECORDS OF ORANGE COUNTY, CAUFORNIA. EXCEPTING FROM THAT PORTION (HEREINAFTER CAil.ED THE "SUB-500 PORTION") OF SAID REAL PROPERTY LYING BELOW A DEPTH OF 500 FEET BENEATH THE SURFACE THEREOF, ALL OIL, GAS, ASPHALTUM AND OTHER HYDROCARBONS AND ALL OTHER MINERALS, WHETHER SIMILAR OR DISSIMILAR TO THOSE HEREIN SPECTFIED, AND INCLUDING ALL FISSIONABLE MA1ERIALS WITHIN OR THAT MAY BE PRODUCED FROM OR EXTRACTED OR TAKEN FROM THE SUB-500 PORTION OF THE SAID REAL PROPERTY, WHICH SAID OIL, GAS, ASPHALTUM, HYDROCARBONS AND MINERALS SHALL BE HEREINAFTER COLLECTIVELY CALLED THE "SUB-500 MINERALS", AS RESERVED IN DEED FROM HUNTINGTON BEACH COMPANY, A CORPORATION, RECORDED JUNE 21, 1979 IN BOOK 13195, PAGE 1898 OF OFFICIAL RECORDS. ALSO EXCEPTING FROM THAT PORTION (HEREINAFTER CALLED THE "SUB-200 PORTION") OF SAID REAL PROPERlY LYING BELOW A DEPTH OF 200 FEET BENEATH THE SURFACE THEREOF, THE FOLLOWING: (A)THE SOLE AND EXCLUSIVE RIGHT, FROM TIME TO TIME, TO LOCA1E AND TO MAINTAIN SUBSURFACE PORTIONS OF OIL AND GAS WELLS IN THE SUB-200 PORTION OF SAID REAL . PROPERTY, AND THE RIGHT TO DRILL FOR, PRODUCE, EXTRACT AND TAKE THE SUB-500 MINERALS FROM THE SUB-500 PORTION OF SAID REAL PROPER1Y, AND THE RIGHT TO EXERCTSE ALL OF THE RIGHTS AND PRMLEGES NECESSARY FOR SUCH DRILUNG, PRODUCTNG, EXTRACTING AND TAKING; AND, (B) THE SOLE AND EXCLUSIVE RIGHT TO USE THE SUB-200 PORTION OF SAID REAL PROPERlY TO CONDUCT OPERATIONS, FROM TIME TO TIME, BY METHODS NOW KNOWN OR UNKNOWN, WHICH, IN THE OPINION OF THE HUNTINGTON BEACH COMPANY, ARE REASONABLY DESIGNED TO BENEFIT OR FACTUTA1E THE DRILUNG FOR, OR PRODUCTION, EXTRACTION OR TAKING OF THE SUB-500 MINERALS FROM THE SUB-500 PORTION OF SAID REAL PROPERTY, OR ANY MINERALS FROM OTHER LANDS OTHER THAN SAID REAL PROPERTY (HEREIN CALLED THE "OTHER LANDS"), TOGETHER WITH THE RIGHT TO DRILL A WELL OR WELLS OR USE ANY EXISTING WELLS IN, INTO OR THROUGH THE SUB-200 PORTION OF SAID REAL PROPERTY, FOR THE PURPOSE OF INJECTTNG INTO THE SUB-500 PORTION OF SAID REAL PROPERTY OR INTO OTHER LANDS, OIL, GAS, AIR, WATER OR OTHER UQUID OR GASEOUS SUBSTANCES, INCLUDING THE RIGHT, FROM TIME TO TIME, TO IGNI1E OR OTHERWISE AcnvA1E ANY OR ALL OF SUCH SUBSTANCES SO INJECTED, OR ANY OR ALL OF THE SUB-500 MINERALS WITHIN THE SUB-500 PORTION OF SAID REAL PROPERlY, OR ANY MINERALS FROM OTHER LANDS; AND, (C) THE SOLE AND EXCLUSIVE RIGHT, FROM TIME TO TIME, TO DRILL INTO AND THROUGH THE SUB-200 PORTION OF SAID REAL PROPERTY FROM OTHER LANDS, BY MEANS OF A WELL OR WELLS DRILLED FROM THE SURFACE OF OTHER LANDS, TOGETHER WITH THE SOLE AND EXCLUSIVE RIGHT TO REPAIR, REDRILL, DEEPEN, MAINTAIN, REWORK AND OPERATE SUCH WELLS AND PRODUCE ANY MINERALS FROM OTHER LANDS BY MEANS OF SUCH WELLS, OR PRODUCE ANY ORANGE, CA Document:AM 2020.298800 Printed on:8/4/2020 3:27 PM Page:8 of9 87 Branch :NCS User :ARIV Title Officer : 55 Order : 1015996 Documents provided by DataTree LLC via it's proprietary Imaging and delivery system. Copyright 2003, All rights reserved. MINERALS FROM OlHER LANDS BY MEANS OF SUCH WEL"L OR WELLS, THROUGH THE sua·-200 .PORTION OF SAID REAL PROPERTY; AND, tHE SOL£ AND EXCLUSIVE RIGHT, FROM TIME TO TIME, TO LOCATE1 OPERATE AND MA1NtAIN SUBSURFACE PORTIONS Of WELl5 IN, INTO OR THROUGH THE SUB•200 PORTION OF SAID REAL PROPERTY, AND TH'E RIGHT, FROM TIME TO TIME, TO INJECT, .. STORE, PRESSURIZE AND REMOVE THE SUB-.500 MINERALS OR ANY MINEAALS FROM OlHER LANDS 'FOR THE PURPOSE OF STORING THE SAME IN THE SUB-500 PORTION OF SAID REAL PROPERTY, OR IN OTHER LAND. NOTHING H�REINABOYE SET :FCiRTH SHALL BE DEEMED TO RESERVE ANY INTEREST IN THE SURFACE OR IN ANY PORTION OF SAID REAL PROPERTY lYIN� WITHIN 200 FEET MEASURED VERllCALL Y DOWNWARD FROM THE SURFACE OF SAID REAL PROPERTY, ALL AS RESERVED IN DEED FROM HUNTINGTON BEACH COMPANY, A CORPORATION,.RECORDED JUNE 21, 1979 IN 800.K 13195J 'PAGE 1898 OF OFACIAL RECORDS. ALSO EXCEPTING il-iEREFROM, All WATER RIGHTS OF., OR RELATED TO, .OR APPURTENANT TO SAID REAL PROPERTY., lNCLUDING, BUT NOT UMITED TO, ALL RIGHT TO PERCOLATING WATER, ARTESIAN WATERS AND UNDERGROUND STREAMS, BUT I.NCL,UDJNG THE :RIGHT Of! SURFACE ENTRY, AS RESERVED IN DEED FROM HUNTINGTON BEACH COMPANY, A CORPORATION, RECORDl:D JUNE ii, 1979 IN BOOK 13195, PAGE 1898 OF OFFICIAL RECORDS. For conveyancing purposes only: APN 159•092-07 ORANGE, CA Document:AM 2020.298800 Printed on:8/4/2020 3:27 PM ; I Page:9 of9 88 CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Honorable Chair and Board Members SUBMITTED BY: Jennifer Villasenor, Community Development Director FROM: DATE: SUBJECT: Charles Kovac, Housing Manager September 2, 2025 CONTINUED ITEM NO. 19 (25-637) FROM THE AUGUST 19, 2025 CITY COUNCIL/HOUSING AUTHORITY AGENDA – Approve and Authorize Execution of the Third Amendment to the Affordable Housing Agreement and the Second Amendment to the Declaration of Covenants, Conditions and Restrictions to Extend Affordability Covenants by Three Years for the Five Points Senior Villas Project (Revised Request) On August 19, 2025, the City Council, acting as the Huntington Beach Housing Authority (“Housing Authority”), continued agenda Item 19 (25-637) to September 2, 2025, in order for City staff to renegotiate the proposed extension of the existing affordability covenants at the Five Point Senior Villas apartment project (“Project”). After extensive discussions over the past two weeks, Five Points Senior, L.P. (“Owner”) has agreed to increase their affordability covenant extension from one year as proposed on August 19 to three years. If approved by the Housing Authority, the three-year extension of the affordability covenants would increase the existing term from July 30, 2026 to July 30, 2029. At this time, the Owner is unwilling to commit beyond a three-year extension but as discussed below is open to a longer affordability covenant term in the future. In addition to the extension of the affordability covenants, the Housing Authority requested that the Owner provide a plan of action for the long-term operation of the Project. During this extension period, the Owner intends to evaluate its options for the property and continued partnership with the City. The Owner has indicated they are actively evaluating the long-term future of the property and may bring forward a specific proposal that includes an assessment of existing conditions, physical capital improvements, refinancing, securing a rehabilitation loan from the City, and a longer-term affordability extension (beyond the proposed July 30, 2029 date). The proposed three-year extension provides time for those plans to be finalized and reviewed without allowing the existing affordability covenants to expire in the interim. The proposed activities and timeline are as follows: September 2025 – Housing Authority considers approval of three-year affordability covenants extension for the Project to July 30, 2029. 89 ~ ~ October 2025 – Owner begins preparation of the Assessment of Existing Conditions Report for the Project (completion by March 2026). March 2026 – Owner begins preparation of a Capital Improvement Plan for the Project to address findings in the Assessment of Existing Conditions Report (completion by May 2026). By January 2027 – Owner provides City with refinancing plan for the Project including any proposed housing rehabilitation loan to be provided by City. May 2027 – City provides Owner with financing gap/feasibility analysis and proposed affordability covenant extension of additional years beyond July 30, 2029. June 2027 – Housing Authority Council considers rehabilitation loan agreement with Owner and extension of affordability covenants. August 2027 – Capital rehabilitation improvements commence at Project site and are to be completed by January 2029. July 2029 – Capital rehabilitation improvements are completed and extension of affordability covenants for additional years per rehabilitation loan agreement commences on July 30, 2029. Revised Recommended Actions: A)Approve the Third Amendment to the Affordable Housing Agreement by and between the Huntington Beach Housing Authority and Five Points Seniors, L.P. to extend the affordability covenants by three years until July 30, 2029, and direct the City Attorney to revise said Third Amendment to reflect this three-year extension; B)Approve the Second Amendment to the Declaration of Covenants, Conditions, and Restrictions by and between the Huntington Beach Housing Authority and Five Points Seniors, L.P. to extend the affordability covenants by three years until July 30, 2029, and direct the City Attorney to revise said Second Amendment to reflect this three -year extension; and, C) Authorize the Housing Authority Executive Director or their designee to execute the Third Amendment to the Affordable Housing Agreement, the Second Amendment to the Declaration of Covenants, Conditions and Restrictions, and all related documents necessa ry to implement the three-year extension. If approved, the minutes for the September 2, 2025 City Council/Housing Authority agenda will indicate that the item was approved as amended by the above revised recommended actions. 90 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-669 MEETING DATE:9/2/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Travis Hopkins, City Manager VIA:Jennifer Villasenor, Director of Community Development PREPARED BY:Christopher Kennedy, Economic Development Project Manager Subject: Approve the Annual Report and Budget for the Huntington Beach Downtown Business Improvement District (District) for Fiscal Year 2025-2026 and adopt Resolution No. 2025-51 to continue collecting an annual fee from businesses in the District, with a public hearing scheduled for October 7, 2025 Statement of Issue: The Huntington Beach Downtown Business Improvement District was established by the City Council in 2004 to fund services and improvements that support businesses in the Downtown area. Each year, the City Council is required to approve the District’s Annual Report and Budget and adopt a resolution declaring its intent to levy annual assessments on businesses within the District. This action also sets a public hearing to allow business owners to comment on or protest the assessment. Financial Impact: The District’s proposed Fiscal Year 2025-2026 assessment budget totals approximately $115,000, which is expected to be collected from business assessments. The City’s FY 2025-2026 Operating Budget (Fund 710) includes $125,000 in related revenue and matching expenditures. Although the nonprofit organization that operates the District, Downtown HB, has a total organizational budget of approximately $972,445 for FY 2025-2026, the City Council’s authority is limited to reviewing and approving the portion of the budget funded by business assessments. The remaining revenue comes from other sources, including vendor fees, sponsorships, donations, and event income from Surf City Nights, the Surf City Artisan Fair, and other programs. Recommended Action: A) Approve the Huntington Beach Downtown Business Improvement District Annual Report and Budget for FY 2025-2026; and B) Adopt Resolution No. 2025-51, “A Resolution of the City Council of the City of Huntington Beach Declaring the City’s Intention to Levy an Annual Assessment For Fiscal Year 2025-2026 within the Huntington Beach Downtown Business Improvement District” and schedule a public hearing for City of Huntington Beach Printed on 8/28/2025Page 1 of 4 powered by Legistar™ 91 File #:25-669 MEETING DATE:9/2/2025 Huntington Beach Downtown Business Improvement District” and schedule a public hearing for October 7, 2025, to consider continuation of the District. Alternative Action(s): Do not approve the Annual Report and Budget or modify the proposed assessment plan, and/or deny the Resolution. Analysis: Business Improvement Districts are special assessment districts established by local governments to fund services and activities that benefit businesses within a defined area. These services must be in addition to those already provided by the City. Common examples include enhanced cleaning, security, marketing, and special events designed to attract foot traffic and support business vitality. The District was created by the City Council in 2004 under the authority of the California Streets and Highways Code, which governs how Business Improvement Districts are formed, managed, and renewed. This state law outlines the required steps for levying assessments and ensures that funds are spent only on services that directly benefit businesses within the district. It includes approximately 255 businesses in the core Downtown area. Businesses within the District are assessed annually based on factors such as location, size, and business type, with assessment rates ranging from $80 to $1,404 per year, plus a $12 processing fee. Downtown HB, a nonprofit 501(c)(6) corporation formed by Downtown business owners, serves as the City-appointed Advisory Board for the District. Under an agreement with the City, Downtown HB is responsible for managing District funds and overseeing day-to-day operations related to the assessment-funded programs. The organization also coordinates a range of events, promotions, and services that are funded through additional, non-assessment sources. This distinction is important - while the District refers specifically to the City-established assessment district and its associated revenues ($115,000), Downtown HB's full annual operating budget is significantly larger ($972,445) due to revenue generated from events and sponsorships. The City Council only has oversight over the District portion of the budget, not Downtown HB's broader financial operations. As required by state law, an Annual Report has been submitted outlining: ·The improvements and activities proposed for the upcoming year; ·A detailed budget for assessment-funded services; ·Any changes to the boundaries or assessment formula (none proposed); ·Surplus or deficit revenues from prior years; and ·Contributions from non-assessment sources. The table below compares the FY 2024-2025 and FY 2025-2026 BID assessment budgets: FY 24/25 FY 25/26 Ambassador Program 42,813$ 35,000$ Enhanced Maintenance 20,000$ 21,000$ Holiday Beautification 20,000$ 25,800$ Marketing 15,027$ 10,000$ Community Events 13,000$ 18,000$ CRM (Customer Relationship Management)4,000$ 3,000$ Financial Services 2,160$ 2,200$ Total 117,000$ 115,000$ City of Huntington Beach Printed on 8/28/2025Page 2 of 4 powered by Legistar™ 92 File #:25-669 MEETING DATE:9/2/2025 FY 24/25 FY 25/26 Ambassador Program 42,813$ 35,000$ Enhanced Maintenance 20,000$ 21,000$ Holiday Beautification 20,000$ 25,800$ Marketing 15,027$ 10,000$ Community Events 13,000$ 18,000$ CRM (Customer Relationship Management)4,000$ 3,000$ Financial Services 2,160$ 2,200$ Total 117,000$ 115,000$ While the amount of the budgeted line item may have changed, the total amount budgeted for each line item may exceed the assessment budget by using funds from Downtown HB’s annual operating budget.: ·Ambassador Security Program - $35,000 (30%): Safety ambassadors provide a visible presence throughout Downtown, assist visitors, deter nuisance activity, and work closely with HBPD. Expanded weekend and event coverage began earlier this year. ·Enhanced Maintenance - $21,000 (18%): These funds support additional cleaning and porter services, beyond those provided by the City, especially during busy weekends and large events. ·Holiday Beautification - $25,800 (22%): Downtown is decorated annually with lights, snowflakes, and a holiday tree on Main Street. This year, the program will expand with new decorations through the fourth block. ·Marketing - $10,000 (9%): Supports digital campaigns, social media, website updates, and email communications to promote Downtown businesses and events. ·Community Events - $18,000 (16%): Funds annual public events such as the Independence Day Block Party, Surf City Spooktacular, and Magic on Main Street, which increase visitation and strengthen community engagement. ·CRM Software - $3,000 (3%): Supports the District’s stakeholder database and vendor management tools, helping track participation and improve outreach. ·Financial Services - $2,200 (2%): Covers third-party accounting services to ensure transparency, accuracy, and compliance in the District’s financial reporting. Downtown HB also maintains approximately $163,570 in reserves, which are available for future one- time projects, seasonal needs, or economic emergencies affecting the Downtown area. State law requires the City Council to adopt a Resolution of Intention and set a public hearing date City of Huntington Beach Printed on 8/28/2025Page 3 of 4 powered by Legistar™ 93 File #:25-669 MEETING DATE:9/2/2025 State law requires the City Council to adopt a Resolution of Intention and set a public hearing date (October 7, 2025) before levying assessments for the upcoming year. During the hearing, business owners may submit written or oral protests. If owners representing 50% or more of the total assessments protest, the District may not be renewed for one year. Environmental Status: Pursuant to CEQA Guidelines Section 15378(b)(4), government fiscal activities that do not result in a physical change in the environment and do not commit the lead agency to any specific project, do not constitute a project. Therefore, these activities are exempt in accordance with CEQA Guidelines Section 15060(c)(3). Strategic Plan Goal: Goal 1 - Economic Development, Strategy A - Develop an updated economic development strategy to ensure business retention, local investments and job growth. Attachment(s): 1. Resolution No. 2025-51 Exhibit A: Annual Report and Proposed Budget for FY 2025-2026 Exhibit B: Boundary Map, Business List, and Assessment Schedule Exhibit C: Improvements and Activities Proposed to be Funded 2. PowerPoint Presentation City of Huntington Beach Printed on 8/28/2025Page 4 of 4 powered by Legistar™ 94 95 RESOLUTION NO. 2025-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING THE CITY'S INTENTION TO LEVY AN ANNUAL ASSESSMENT FOR FISCAL YEAR 2025-2026 WITHIN THE HUNTINGTON BEACH DOWNTOWN BUSINESS IMPROVEMENT DISTRICT WHEREAS, the California Legislature, in adopting the Parking and Business Improvement Area Law of 1989 (Streets and Highways Code §36500 et seq.) found that cities are authorized to levy assessments on businesses in order to promote economic revitalization and tourism, create jobs, attract new businesses and prevent erosion of business districts; and The California Legislature found that cities are authorized to levy assessments on businesses which benefit from those improvements and activities; and A sizeable majority of the downtown businesses within the City of Huntington Beach requested that the City Council commence proceedings under the Parking and Business Improvement Area Law of 1989 to establish a downtown business benefit area within the City of Huntington Beach and to levy assessments to promote business and tourist related activities; and The District's Advisory Board has prepared and filed with the City Clerk an "Annual Report" and "Proposed Budget for Fiscal Year 2025-2026" (collectively, "Annual Report"); and The City Council fanned a business improvement area, known as the Huntington Beach Downtown Business Improvement District (the "District"), by the passage of Ordinance No. 3661 on September 7, 2004. By this Resolution, the City is declaring its intent to levy an assessment for fiscal year 2025-2026 pursuant to the process detailed in Streets and Highways Code §36500, et seq.; and NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: SECTION 1. The recitals above are incorporated herein. SECTION 2. There is no intention to change the boundaries or any benefit zone within the District. SECTION 3. The City Council hereby approves the Annual Report filed by the Advisory Board in the City Clerk's office attached hereto as Exhibit A and incorporated herein by this reference, which includes a proposed budget for Fiscal Year 2025-2026, describing the improvements and activities to be provided. 25-16742/3 84238 1 96 Resolution No. 2025-51 SECTION 4 Council's intent is to levy and collect assessments within the District area for Fiscal Year 2025-2026 as per the map of the District area and the assessment schedule listed in Exhibit B attached hereto and incorporated herein by this reference. SECTION 5. The type or types of improvements and activities proposed to be funded by the levy of assessments on businesses within the business improvement area are specified in Exhibit C, attached hereto and incorporated herein by this reference. Further, the improvements, if any, to be acquired for the proposed business improvement area are specified in Exhibit C. SECTION 6. A public hearing shall be held before the City Council on October 7, 2025, at 6:00 p.m., or as soon thereafter as this matter may be heard, in the Council Chambers of the City Hall, 2000 Main Street, Huntington Beach, California, at which time the Council will hear all interested persons for or against levying of the assessment, and the furnishing of specified types of improvements or activities. Protests may be made orally or in writing; but, if written, shall be filed with the City Clerk at or before the time fixed for the hearing and contain sufficient documentation to verify business ownership and validate the particular protest. Any protest pertaining to the regularity or sufficiency of the proceedings shall be in writing and shall clearly set forth the irregularity or defect to which the objection is made. The City Council may waive any irregularity in the form or content of any written protest, and at the public hearing, may correct minor defects in the proceedings. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing set forth above. If written protests are received by the owners of businesses within the District, which will pay 50% or more of the total assessments to be levied, no further proceedings to levy the proposed assessment shall be taken for a period of one year from the date of the finding of a majority protest by the City Council. If the majority protest is only against the furnishing of a specified type or types of improvements or activity within the District, those types of improvements or activities shall be eliminated. SECTION 7. The City Clerk is hereby directed to provide notice of the public hearing by causing this resolution of intention to be published once in a newspaper of general circulation at least seven days before the public hearing. SECTION 8. Further information regarding the proposed business improvement district may be obtained at the Huntington Beach City Hall, 2000 Main Street, Huntington Beach, California 92648; telephone (714) 536-5582; or from the Huntington Beach Downtown Business Improvement District, 315 3,ct Street, Suite E, Huntington Beach, CA 92648, (714) 536-8300. SECTION 9. The City Clerk shall mail a complete copy of this resolution of intention by first-class mail to each business owner in this area within seven days after the Council's adoption of this resolution. 25-16742/384238 2 97 Resolution No. 2025-5 1 SECTION 10. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof he ld on the ___ day of ________ , 2025 . Mayor REVIEWED AND APPROVED: INITIATED AND APPROVED: City Manager APPROVED AS TO FORM: City Attorney ATTEST: City Clerk 25-16742/384238 3 Exhibit A: Annual Report 98 HUNTINGTON BEACH DOWNTOWN BUSINESS IMPROVEMENT DISTRICT ANNUAL REPORT 2025-2026 99 WHAT IS A BUSINESS IMPROVEMENT DISTRICT A Business Improvement District (BID) is an area where business owners collectively agree to pay assessments to fund improvements and activities that benefit the district. In partnership with the downtown business owners, the Huntington Beach City Council formed the Huntington Beach Downtown Business Improvement District in 2004. One goal of establishing the District was to strengthen and improve the visitor experience in Downtown Huntington Beach. In 2008, City Council appointed a non-profit organization, the HB Downtown Business Improvement District (HB Downtown), to serve as the District's Advisory Board. The HB Downtown acts to administer and manage activities; funding outlined in the ordinance and resolutions establishing the District. HB Downtown consists of a volunteer Board of Directors and Management consultants to support the goals of providing communication, marketing, and coordination of the HB Downtown's activities. 2025 -2026 ANNUAL REPORT Page 1 100 ABOUT DOWNTOWN HUNTINGTON BEACH A shopping, dining and services destination for locals and tourists visiting Downtown Huntington Beach ABOUT The Huntington Beach Downtown Business Improvement District dba “Downtown Huntington Beach” is an independent nonprofit California corporation established under section 501(c)(6) of the Internal Revenue Code. First established in 2004, i ts purpose, shall be to improve the economic business environment of the Downtown Business District related to marketing, safety, maintenance, tourism, and special events. Downtown Huntington Beach is the Advisory Board for the City of Huntington Beach established under City Ordinance 3661, City Ordinance 3797, and California State Code 36500 et seq. Its purpose shall be to: (1) promote economic revitalization and physical maintenance of the District in order to create jobs, attract new businesses and prevent erosion of the District; (2) create revenue to fund improvements and activities through which the District benefits from those improvements and activities; and (3) promote the District’s recreational, cultural and other attractions as a tourist destination. MISSION To be the advocate for our coastal downtown community creating economic vitality through improvements and activities; and to establish the District as a shopping, dining and services destination for locals and tourists. VISION To be a sustainable catalyst for a thriving and livable downtown, nationally recognized for its diverse local businesses and authentic, unique culture. Known for being welcoming, accessible, clean, safe, fun and environmentally conscious. 2025 -2026 ANNUAL REPORT Page 2 101 2024-2025 HIGHLIGHTS Increased Ambassador services to all weekends. Expanded Steam Cleaning and Porter Services to the entire BID Assessment area and Steam Cleaning occurring Monday and Thursday evenings at the suggestion of City Council. Partnered with the City in sponsorship of the Independence Day Block Party and the Bike Valet program. Created separate Assessment bank account for transparency. Sent out Request for Proposals for: Maintenance, Ambassador, Security and Social Media and creating new contracts. Reinstated Chili at the Beach and Surf City Day (Rocking Fig Vintage Tiki Day). Transitioning to the City Fiscal Year of July to June to improve communication/transparency. 2025-2026 GOALS Collaborate with the City Council to develop a Public Improvement Project in Downtown Huntington Beach, leveraging available funding assistance from the Downtown Huntington Beach program. Reestablish a new non-profit and create new By-laws, Articles of Incorporation, etc. to assist in the management of Downtown Huntington Beach. Increase official social media accounts (e.g., Instagram, Facebook, LinkedIn, and/or TikTok) dedicated to Downtown Huntington Beach. Send out Monthly Newsletters to all members. Work with the City of Huntington Beach, Visit Huntington Beach, and all groups to further the vision and goals of HB Downtown. Establish a new Marketing Plan with input from the City. 2025 -2026 ANNUAL REPORT Page 3 102 MEMBER OVERVIEW There are approximately 255 businesses in the District. Depending on the business type, square footage, and location, individual business assessments range from $80 to $1,404 per year. There is no recommendation to increase assessments or area this new year. 2025 -2026 ANNUAL REPORT Page 4 103 H1111ti11gto11 Beacl, Doumtow11 B11si11ess Improve111e11t District Bou11daries a11d Be11ejit Zo11es 1 & 2 ,;; i Elnura AYI~ ! D•tt I A ... e~ ChlUQO A'We I a,11,moH Au • Shtll C 1 Buc.hcom • Ot ,5 c N$1 flttl C,r -... i ~~-.. •r::,, ... t < .tt,n1ma 'o, ~th.__,,,, e,, . ~ II MEMBER ASSESSMENT CHART Assessments excluded for apartments, real estate agents, non-profits, home-based businesses and temporary vendors. Businesses and non-profit organizations outside the area may join with the approval of the BID Board by paying the equivalent fee annually. Non-profit organizations within the BID Assessment Zone can voluntarily participate by paying $30.00 to Downtown Huntington Beach directly. 2025 -2026 ANNUAL REPORT Page 5 104 Category Benefit Zone 1 Benefit Zone 2 Retail 1,000 sq . ft. or less $351 $200 1,001 -2,500 sq . ft . $702 $400 2,501 -4,999 sq . ft . $1,053 $600 5,000+ sq . ft. $1,404 $800 Restaurants 1,000 sq . ft . or less $351 $200 1,001 -2,500 sq . ft. $702 $400 2,501 -4,999 sq. ft . $1,053 $600 5,000+ sq . ft. $1 ,404 $900 Hotels 20 rooms or less $468 $400 21 -SO rooms $936 $800 51 rooms or more $1,404 $1,200 Services/ Office 1st Floor $281 $160 Basement, 2nd Floor or Higher 1,000 sq . ft. or less $120 $90 1,001 -2,500 sq. ft. $150 $120 2,501 -4,999 sq. ft. $300 $150 5,000+ sq . ft. $700 $350 Cart/ Kiosk $100 $80 Banks/ ATM $600 $400 Seasonal, 9 mos or less $500 $300 MAINTENANCE REVIEW The City’s Public Works department and Downtown Huntington Beach have an ongoing maintenance agreement. The initial Memorandum of Understanding (MOU) was established in 2013, with a total value of $154,000. The BID recently sent out a Request for Proposals to increase the steam cleaning and porter services area to include 6th Street commercial, 5th Street both sides, Pacific Coast Highway from to 1st Street and 3rd Street commercial. After reviewing the proposals, Malco was selected to continue the Maintenance Services contract. Based on discussion with the City Council, Malco is now steam cleaning the sidewalks on Monday and Thursday nights. The costs associated with the maintenance contract have surpassed the originally stipulated amount in the MOU. To address these supplementary expenses, the Public Works department has formally requested additional funding and in addition, the BID has increased funding. In the year 2022, a decision was reached to eliminate the administrative fee that was previously incorporated within the agreement. Instead, these funds were redirected to increase maintenance contract costs. The funding of the enhanced maintenance from Downtown Huntington Beach has increased over the years from $8,000 to $44,000. The designates funds are earmarked for specific purposes related to enhanced maintenance. These funds can be utilized to bridge the gap between the actual maintenance expenses and the amount specified in the existing MOU. Downtown Huntington Beach has also allocated additional funds specifically for the purpose of hiring additional maintenance porters within the Downtown during events such as the 4th of July, US Open of Surfing and the Pacific Air Show. This proactive measure is intended to enhance the overall upkeep and functionality of the district during these events. 2025 -2026 ANNUAL REPORT Page 6 105 MAINTENANCE SIDEWALK CLEANING MAP Yellow – Daily Porter Services Red – Weekly Steam Cleaning Blue/Green – Monthly and as needed Steam Cleaning 2025 -2026 ANNUAL REPORT Page 7 106 SURF CITY NIGHTS TUESDAY NIGHTS DOWNTOWN HUNTINGTON BEACH WEEKLY EVENTS Tuesday ’s Surf City Nights Certified Farmers' Market and Street Fair is a draw for locals and visitors to Main Street. The family friendly atmosphere is lively with curated vendors, local bands taking center stage, and the downtown businesses offering Surf City Nights Specials. This event offers a unique shopping experience with a wide array of fresh produce and goods. It also serves as a platform to engage with community partners and non -profits. SU RF CIT Y A RT IS AN FAIR FRIDAY, SELECT WEEKENDS A recurring event crafted to highlight the e xce ptio nal handmade and designed talents of local and regional artisans. Enriched by dynamic programming and co mmunity e ngage me nt, it e mbo dies the Four Corners concept: Gathering, Giving, Creative, and Learning. These pillars foster an environment of inspiration, philanthropy, and knowledge-sharing. Through art, music, non-profit initiatives, community groups, and educational experiences, the Surf City Artisan Fair cre ates a we lco ming enviro nme nt for all attendees. 2025 -2026 ANNUAL REPORT Page 8 107 MAGIC ON MAIN STREET NOVEMBER 12, 2025 SURF CITY SPOOKTACULAR OCTOBER 29, 2024 DOWNTOWN HUNTINGTON BEACH COMMUNITY EVENTS Surf City Spooktacular is a beloved family and pet friendly community event. Downtown Huntington Beach provides candy to participating businesses. The community dresses up to enjoy trick -or-treating, engage with community partners, and participate in activities including the Main Street costume contest. Mayor gracey van der mark, Mayor Pro Tem Pat Burns and Mike Ali were the judges for the costume contest. Next year there will be a pet costume contest at the community at the annual celebration. Magic on Main Street, is the annual tree lighting event, mark ing the beginning of the holiday festivities at Surf City Nights. Welcomed by Mayor Gracie Van Der Mark, Mayor Pro Tem Pat Burns, State Senator Janet Nguyen, the crowd gathered for an exciting countdown to light the Main Street Tree. The holiday magic filled the air with lively music, unique vendors, and even a special appearance by Santa and his elves . 2025 -2026 ANNUAL REPORT Page 9 108 MAIN STREET BLOCK PARTY JULY 5, 2025 SURF CITY DAY September 27, 2025 CHILI AT THE BEACH August 23, 2025 DOWNTOWN HUNTINGTON BEACH COMMUNITY EVENTS Downtown Huntington Beach is a proud sponsor of the Main Street Block Party on Saturday , July 5th. A tradition of Independence Day festivities, the event feature d live music by the Ramsey Brothers Band and Redneck Rodeo. The highlight of the Block Party was the Bike Parade that peddled off from Huntington Beach City Hall down Main Street to the City stage at PCH and Main Street. The spirit of Independence Day was displayed on the many bikes. Locals and visitors come together to celebrate the culture of Surf City USA! Events include: Huntington Surf & Sport Demo Day Rockin Fig Vintage Surf Festival Kowabunga Van Klan Bus Show Whether you're a beach enthusiast or simply seeking a fun-filled day, Surf City Day offer something for everyone! The annual Chili at The Beach is on ready to heat up Main Street. Come taste over 20 chili contestants and vote for your favorite local vendors, and charity partners who work hard to make the annual event a community favorite. The event was not held last year . 2025 -2026 ANNUAL REPORT Page 10 109 • • • IMPROVEMENTS AND ACTIVITIES The following are recommendations from the Advisory Board on the expenditure of revenues derived from the levy of assessments, estimated to total $11 5 ,000 for FY 2025 -202 6 (a reduction of $2,000 from 2024 -2025): AMBASSADOR PROGRAM $35,000.00 ENHANCED MAINTENANCE $21,000.00 HOLIDAY BEAUTIFICATION $25,800.00 MARKETING $10,000.00 COMMUNITY EVENTS $18,000.00 CRM $3,000.00 FINANCIAL SERVICES $2,200.00 PUBLIC IMPROVEMENT PROJECT $TBD Further Information About the allocation of funds, follows on Page 12 through Page 13. 2025 -2026 ANNUAL REPORT Page 11 110 2025-2026 ACTIVITIES AND IMPROVEMENTS AMBASSADOR PROGRAM The purpose of the Ambassador program is to establish a positive rapport and visible presence among business owners, patrons, and visitors in Downtown on weekends, holidays and special events. The program’s goal is to create an environment where all visitors can enjoy their time in Downtown Huntington Beach. The A mbassadors communicate through WhatsApp. The WhatsApp is for all restaurant/bar managers and owners and bar security. The Ambassador program, funded by the Assessments and Visit Huntington Beach, has proven to be a valuable asset to Downtown. The Ambassadors have been actively involved in various activities, including: Regular Patrolling - The Ambassadors patrol the Downtown, maintaining a visible presence and establishing rapport with individuals in the community. Observation and Reporting - The Ambassadors observe and report any potential safety concerns, disturbances, or other incidents in the area. Collaboration with HBPD - The Ambassadors worked closely with the HBPD Downtown Detail to address safety-related matters effectively. Assistance and Guidance - The Ambassadors provide assistance and guidance to visitors, answering questions, provide directions and offer recommendations for local attractions. The Ambassadors’ commitment to safety, community engagement, and collaboration with HBPD has made a positive impact on Downtown and increased the positive image of Downtown. ENHANCED MAINTENANCE The Downtown District is a hub for both locals and visitors, especially during peak seasons and major events. Downtown Huntington Beach takes proactive measures to ensure cleanliness and a welcoming atmosphere. Funds are allocated for additional services during peak seasons and events, as well as to cover the difference between the City of Huntington Beach MOU and the current maintenance contract. Providing a positive and memorable experience for all attendees is essential and reinforces Downtown reputation as a vibrant and welcoming destination. This year, the enhanced maintenance has increased the area for steam cleaning and porter services seven days a week. The entire BID Assessment area now receives the services from Malco. HOLIDAY BEAUTIFICATION The Downtown was transformed during the holiday season with the addition of enchanting lighting and snowflakes above Main Street. The star of the show is the decorated tree on the 2nd block of Main Street, serving as the heart of the holiday magic and drawing the community and visitors together. Next year the holiday decorations will be “beach-themed” and include 6th Street and the fourth block of Main Street. 2025 -2026 ANNUAL REPORT Page 12 111 • • • • 2025-2026 ACTIVITIES AND IMPROVEMENTS MARKETING Marketing and Events have been instrumental in promoting and shaping the story of the Downtown District. Our strategic approach to marketing, which includes utilizing various communication channels and organizing community events, has allowed us to engage stakeholders effectively and establish a strong brand identity for Downtown Huntington Beach. Assessment Fees are used for advertising and marketing programs, including website, social media and email outreach. A new Social Media Consultant will be retained for enhancing our marketing capabilities. COMMUNITY EVENTS Community Events such as the Independence Day Block Party, Surf City Spooktacular, and Magic on Main Street have become highly anticipated annual gatherings. These events have not only increased exposure but have also created memorable experiences, engaged our community, and enhanced the Downtown Huntington Beach brand. A new community event will be planned for the off-season to attract local residents to visit Downtown. CRM In FY 2022-2023, The Huntington Beach City Council recommended that BID adopt a Customer Relationship Management (CRM) program. A CRM serves as a tool for the organization's stability and longevity, benefiting all stakeholders. The benefits of CRM include: Data centralization, encompassing contact information, communication history, and other pertinent details. This comprehensive view of customer data guarantees up to date information, enabling the organization to identify and address potential issues proactively before they escalate. Improved stakeholder relationships, facilitated by a central database that provides a better understanding of their needs and preferences, consequently enabling more personalized interactions. Efficient marketing campaigns, empowered by tailored marketing messages specifically targeted at distinct stakeholder groups, thus leading to heightened engagement. FINANCIAL SERVICES Monthly financial services by a third-party CPA, bank fees, and QuickBooks have streamlined our financial operations and enhanced transparency. PUBLIC IMPROVEMENT PROJECT Collaborate with the City Council to develop a Public Improvement Project in Downtown Huntington Beach for the new fiscal year. 2025 -2026 ANNUAL REPORT Page 13 112 • • • STATEMENT OF FINANCIAL POSITION 2025 -2026 ANNUAL REPORT Page 14 113 Huntington Beach Downtown Business Improvement Distri ct Statement of Financial Position ASSETS Current Assets Bank Acco unts 1020 First Bank -Main Acct 1030 First Bank · MM 1040 First Bank -Maintenance t 050 Assessment Checking Acct Total Bank Accounts Other Current Assets 1330 Prepaid Rent Advance to Assessments Accou nt Undeposlted Funds Total Other Current Assets Total Current Assets Fixed Assets 1640 Machinery & Equipment 1660 Office Equipment 1670 Computers 1700 Accumulated Depreciation Total Fixed Assets TOTAL ASSETS LIABILITIES AND EQUITY liabilit ies Current Liabilities Other Current liabilities 2080 Payroll C learing 2100 Payroll Tax Payable As of May 31 , 2025 California Department of Tax and Fee Administration Payable Total Other Current Uabilrties Total Current Liabilities Long-Term Liabilities 2 400 Notes Payable • SBA EIOL Total Long-Term Liabilities Total Uablllties Eq uity 3100 Unrestricted Net Assets Retained Earnings Net Revenue Total Equity TOTAL LIABILITIES AND EQUITY TOTAL 202,381.16 163,570.44 ·11,683.67 0.00 $3S4,267.93 500.00 47,000.00 880.50 $48,380.50 $402,6413.43 11,651.68 538.74 2,931 .66 -15,122 .08 $0.00 $402,6413.43 -185.08 -888.39 0 .00 $·1,073.47 $ ·1,073.47 150,000.00 $1 50,000.00 $148,926.53 184,878.28 ·2 1,727.16 90,570.78 $253,721.90 $402,6413 .43 PROFIT AND LOSS STATEMENT 2025 -2026 ANNUAL REPORT Page 15 114 Huntington Beach Down t own Business Improvement District Budg et vs . A ct ual s: Bu d get_FY 25_P&L - F Y2 5 P&L October 2024 -May 2025 TOTA L ACTUAL BUDGET OVER BUDGET Revenue 4050 BID Assessments 59 ,7 00.00 0.00 59 ,700 .00 4 100 Chi li at the Beach 0.00 0.00 4200 Event Revenue 411,126.08 160,625.00 250,501.08 4300 S urf City Nig hts -1,123.25 -1,1 23.25 4350 Surf City Mov,e Nights 164 ,000.00 -164 ,000.00 4400 S urf C ity Days 0.00 0.00 4800 C ity of HB Maintenance 102,158.00 132,000.00 -29,842.00 Unapp lied Cas h Payment Revenue 0.00 0.00 Total Revenue $571,860.83 $456,625.00 $11 5 ,235.83 Cost of Goods Sold 5 1 00 Rental & Setup 33.717.88 46 ,640.00 ·12,922.12 5150 Parking 2 ,1 25.00 1,600 .00 525.00 5200 Street Cleaning 0 .00 0 .00 5250 St reet Closure 32,900.00 32,900.00 5300 Event Expenses 138.02 6,190.00 -6,051.98 5330 Entertainment 0 .00 0.00 5340 Event Permits 34,450.00 37,050.00 -2 ,600.00 5370 Outs ide Services 98 ,085.62 19,680.00 78,405.62 5380 Prin t ing & Production 5,403.36 0.00 5,403.36 -- Total 5300 Event Expen ses 138 ,077.00 62 ,920 .00 75 ,1 57.00 5600 Hol id ay Beautifi cation 0.00 0.00 5800 Ma intenance 138,921.00 132,000.00 6 ,921 .00 Total Cost of Goods Sold $345 ,740.88 $243,160.00 $102 ,580.88 GROSS PROFIT $226 ,11 9.95 $213 ,465.00 $12 ,654 .95 Expendi tures 70 1 O Advertising & Marketing 1,969.38 6,900.00 -4 ,930 .62 7050 Bank Charges & Fees 376.37 800 .00 -423.63 7070 Consu ltants 74,140.36 179,93 1.50 -1 05 ,791.14 71 00 Dues & su b scrip tions 2,245.72 1,600 .00 645.72 7150 Ins urance 952.00 2 ,150.00 -1,198.00 7160 Interest 8 ,000 .0 0 -8,000.00 7170 Lega l & Accounting Services 3,7 10.00 7,550.00 -3 ,840.00 7190 Meeti ng & Training 2 ,250 .00 -2 ,250 .00 7191 Ele ctio n 16 1.63 0.00 161 .63 7210 Office Supplies 1,120.47 2,400.00 -1,279.53 7240 Payrol l Expenses 7241 Wages -Event Coordinator 0.00 0.00 7242 Wages -Administrative Assistant 0.00 0.00 Total 7240 Payroll Expense s 0.00 0.00 7280 Postage 31 .32 31.32 7290 Ren t & Lease 12,750 .00 14,000.00 -1,250.00 %OF BUDGET 255.95 % 77.39% 125.24 % 72 .29 % 132.81 % 2.23 % 92 .98% 498.40 % 2 19.45 % 105.24 % 142.19 % 105.93 % 28.54 % 47.05% 41.20% 140.36 % 44 .28 % 49.14% 46.69 % 91 .07 % A surplus of approximately $4 ,000 to $6 ,000 in BID assessments is anticipated to be carried over from the previous year. 2025 -2026 ANNUAL REPORT Page 16 115 Huntington Beach Dow ntown Business Improvement District Budget vs. Actuals : Budget FY25 ___ .P&L -FY25 P&L O c t ober 2024 -May 2025 TOTAL ----------ACTUAL BU D GET OVER BUDGET %OF BUDG ET 7300 R e pairs & Maintenance 1.1 1 1 .60 800.00 31 • .60 138.95 % 73 10 S ecurity 11,150.00 1 1,150.00 7315 A mbassador Program 9,088.09 0 .00 9 ,088.09 T o tal 7310 Security 20,238.09 0 .00 20,238.09 7320 Taxes & Licenses 5,120.00 5,700.00 -580.00 89.82 % 7330 Telephone 1 ,848.80 1,600.00 248.80 115.55 % Ouic k Books P ayments Fees 12,530.63 5 ,248 .00 7 ,282.63 238.77 % Total Expenditures $138,306.37 $238,929.50 $-100,623.13 57.89% NET OPERAT ING REVENUE $87,813.58 $ -25,464.50 $113,278.08 -344.85% Othe r Revenue 8000 Interest Earned 2 ,757.20 2,757.20 Total Other Revenue $2,757.20 $0.00 $2,757.20 0.00% NET OTHER REVENUE $2,757.20 $0.00 $2,757.20 0.00% NET REVENU E $90,570.78 $ -25,464.50 $116,035.28 -355.67% 2025-2026 BUDGET 2025 -2026 ANNUAL REPORT Page 17 116 I INCOM E: oor NO\/ IIXC IAU HII 11MAR APill 11MAY JU I LA. AUG SEP Yli;,!Jl!L Y IOJAI.S Cilf of lllM " I laJI ~ SUI.BHJll Sl.!ln.rnn Sl.S .3n.oo Sl.8.3.H.l!l!l s ui .. urnm S1S..l33.l!l!l S Ul.l33.l!l!l Sl.S.3n.oo SUl.3.H.l!lm s 1on . .l!l!l SUl.33.3.l!l!l Sl.8 .337 . .l!lm S22!l.001!1Bl) WIil Arribassa~os fun 8 sun.oo Sl.~!l.l!l!l SJ.300 .00 S.3~m.l!lm S.3~m.l!lm Sl.~!l.00 sa~m.l!l!l S.3.300.00 S.3-367111!1 suoo..oo Sl,4ll!l.OO S.3.2ll!l.l!l!l S4lt 000.00 Su CityN· Its satl.Ol!J0.00 S~OOl!l.00 S.35.!]00 .00 Sl5.00B.l!lm S21!1.00B.l!lm S21.00l!JD!I S24.00B.l!l!l $29.!]00.00 SD.00!1.l!l!l S27.!ll!JO..oo SD.00!1.l!l!l S25.00l!l.l!l!l ~Q.OOl!l.00 p., "6 S]OO . .l!l!l S25 !!.l!l!l S221 .00 SlS!l.l!lB $25 !1.l!lB S~l!l.l!l!l S4llB.l!l!l s,121!1.00 $4lll!l.l!ll!I S]lil!l\.l!ll!I $44!l .i00 $45!1.l!l!l Sll,aJl!l .00 A,i,es,mc,rn:, SU 'S..OO!l.00 Su "Citf lDay, s10,ooa.oo S 10,00l!l .OO Oii atll¾1e l!>.,adh S25 .i001!1.l!ll!l S25..IOOl!l .i00 Surl"Cil'I' Atli,.,n IF.air S2 1,!100 .00 sis,000.00 S24 ,7!l!UJll s 14 ,625 .l!lm $12 ,75!1.l!l!l $19..Sl!IO.IOO S24. 75!1 .IOO SlS ,1!100.00 S22 ,!JOll.l!l!l S2 .2.,!100 .IOO S22 ,!JOll.l!l!l $25,001!).l!ll!J SlSS,37:5.oo Morithly Tota Is $61,9~00, 516,11113 _oo, 5111 ,6 33.m S 51 ,50;&0(), S54 ,6H OO• Sti-1..4.33 .m S10.mm l SJ6.0 5Hlll• .$11.100.00 S71t9 ~.oo, $111.113 .00 591 .1.8-7.oo, $911..445.00 EXP,BNS'E: oor NOV IIXC IAU HII 111itAII APill 11"1Alf IU,N I LA. AUG SEP Yli;ARL Y JOJAI.S Citf of I-Ill 1M · rue 1!111a, SUl.3l3.00 s 1!ll3.3.i00 Sl.S.3n.oo Sl.8.333 .l!JB SUl.333.l!l!l S1S..l33.00 S Ul.l33.00 Sl.S.3n.oo SUl .333.l!ll!l s 1on.oo S Ul ,333.IOO Sl.8.337.!l!l S22!1.00!l .OO A,..,,..,,.,.,,,1,1,.., !Ju d ~t] SU'S..001!1.00 Arrt'"""'safor • Seou ·1y s1.11oom S4lll!l.l!l!l s,100 .00 S.itJB.l!lm S4llB.l!lm S4!ll!lD!I Sll,OOB.l!l!l Sll .1!100.00 s,l,O!l!J .l!ll!l S4.!I001l!l Sl, 111!1.IOO S.3.00!l.l!ll!l s is, 11!111.00 Ad a l t.lairrt.e.nanoe SUIOO . .l!l!l Sl,21!11!l.l!l!l S.3 ..2 00 .00 S.3~m.l!lm S.3~m.l!lm Sl.21!111D!I Sl,21!1B.l!l!l S.3..200.00 S.3~!1.l!ll!l SU OO . .l!l!l Sl,21!1!1.IOO S]~!l.l!ll!l S3S..4ll!l .i00 o.., o, TS"" S121!1 .D!I s 12 am S121!1 .00 S121l.l!lm $12 0.l!lB Sl.2 11.00 S12 1l.l!l!l $121!1.00 Sl.2 0.l!ll!l S121!1 .D!I Sl.2 0.IOO SU l!l.l!ll!I Sl.4411 .00 Oues&SulJ5 ~ 1i:x 1:s ssoo.oo s isa.oo $500.00 S25!l.l!lll S21!111.l!lll SSl!ll!l .00 S25!l.l!l!l $500 .00 S21!111 .l!ll!l S]Sll.00 SZJ:5.00 SOOl!l.l!ll!l Sll,31:5.IOO 5ll an~ Sl!l.00 S6.50.00 Sl!l .00 SID:5.l!l!l SB.l!l!l Sll.00 Sl.Sl!IB.00 Sl!l .00 S1.;51!11!l .l!ll!l Sl!l.00 S«I .00 S1.00!l.l!ll!l ss..n s.oo AccxJu , "6 $47.5.00 Sl.21!111 .00 $47.5 .00 $47:5.!l!l $475.!ll!I $47:5 .00 $47.5.00 S47.5.00 S47:5 J!ll!l $47.5.00 S47:5.i00 S47.5.!ll!I Sti..425.00 les,,1 1 l<,es S!I00 . .00 $8!11],.l!l!J S40!J,.OO S4ll!l.l!ll!I S4!lB.l!lm S3llO.l!l!l S3llB.l!l!l Sl!l.00 S~l!lc!ll!l Sl!l11!J S~l!lcOO SD.l!lm Sll,001!1.l!l!l l.ioonse & fee• S.300 . .l!l!l $251],.l!l!J S.350.00 S25!l.l!ll!I Sa5!l.l!lm $25 0.l!l!l Sa5!l.l!l!l S2Sll.OO Sa511L!ll!l S.3511..00 Sa511L!l!l S3llD.l!lm Sl. 71!11!1.00 IPril1' 8 S2001l!l S~IIL!lll S2 00.00 s~m.l!lm S35!l.l!lm S25 11D!I S35!l.l!l!l $.2Sll.OO S~!!.l!ll!l S.300..00 S~ll.00 S~l!l.l!ll!I Sl,4llll.OO lti:leo/G licO-,,ogno S7Sll .L!lll SS!IOL!lll ssoo.oo s1.s11.l!lm SSl!IB.l!lm S5!11lL!lll S7.51!l.OO $500.00 $750.1!111 ssoo..oo $750.IOO SSl!lll.l!ll!l S7.25 11.00 llk>an:I o f Dire dX>r.i E loicticx, Sl!JL!lll sam sa .oo Sl!l.l!lm SB.l!lB so.on SB.l!l!l Sll.00 SO .l!ll!l SM!! Sll .lOO S2 .1110.l!ll!l S2,11!11!l .OO M -,g/Tr -,-g S 1.500 . .00 sa.oo sa .oo S751!l.l!ll!l SB.l!lB so.oo S7.50.00 Sll .00 Sll.l!ll!l S!I00 . .00 Sll.00 SO.l!l!l Sl.8!Jl!l.OO Ma·1~.!JTJe i il C.onsu t.a ·1'l SMOO .. oo $6,00l!l .OO Sfi.!]00 .00 $6.001!1.!ll!l $6.001!1.!ll!l S-6.1000.oo Sli.,001!1.00 $6.!)00.00 S6.!111'1 .!ll!l SMOO .. oo Sti..00'1 .IOO $6,001!).l!ll!l S72..00l!I .OO SON Ope,-a S4.!IOO .. OO $6,000.00 S7.!JO!J,.OO S.3.00B .!JB S4.00l!l.!ll!I S4.21!10.00 $4.8!11!1.00 ss.soo.oo S5.4lll!lc!ll!l S!i.400 .. 00 SS..4lll!l .i00 SS.OOD.l!ll!I $fl!l,OOl!I .OO S:idnlt.1e CDrr\;,all)' Sl.900 .. 00 SUl!l0.00 $1.900•.00 S1.91!JB .!JB S1 .91!ll!l.!ll!I $1,.91!11!).00 Sl.91!11!1.00 Sl.900.00 S1.91!l l!l.l!ll!l Sl.900 .. 00 $1.91!11!1.IOO S1 .91!JD.!ll!I $22..8!11!1.IOO ;li:I s u oo.oo Sl,21!11],L!]I] S.3 ..2 00•.00 S.3~m.l!lm S.3~m.l!lm Sl.21!10.l!l!l Sl.21!1B.l!l!l S.3 ..2 00.00 S]~l!lc!ll!l s u oom Sl,21!11!lci00 S]~l!JJ!]EJ S3S..4lll!I.OO SCAFQ;,e ala $~1521!1 . .00 SS..82!lL!lll Sfi .795 .00 S.3 .967 . .l!lm S.3AJJ1i.l!lm S'S..~llD!I SS..l!!!l.00 $6 ,77!1.00 $5.740.l!ll!l S'S..7~ SS..4!11l.i00 S6 .77!l.l!l!l Su6.. 737.IOO OJ cz,Su S]OO .!.Jll s~mm S.300.00 s~m.l!lm S!EB.l!lB S~!lD!I s~m.oo S]00.00 $~11 .!ll!l S.300..00 $~0.IOO S~lll.l!l!l Sl,8!10 .00 ~./M ·,i,, WI""' S.300 . .00 Sll!I0.00 S2 00 .00 SlllB.l!lB SlllB.l!lB S l l!llll.00 S21!1B.OO $200.00 S.21!11!1 .l!ll!l S200.00 S.21!11!1 .IOO S1110.l!l!l S2,11!llll.OO Rent&9br~ Sl.!JSII .L!lll Sl.OOllL!lll Sl.!l•.50 .00 S1.!l51llc!l!l SUlSl!l.l!l!l S-lil &!l.00 Sl.llSlll.00 S1.l!lc5!!1 .00 S1.!J!;ll .l!ll!l Sl.!JSII .L!lll Sl.0011 .IOO Sl .115!1.l!ll!l s 1!l21!1!l.i00 Tie • >:Jll l e/1111-""'1<-'I S.32lL!lll S21!11llL!lll S]Sll.00 S21!11!lc!ll!l Sa51l.l!lm S21!11!l .OO Sa!ill.00 $200.00 S.3511 .!ll!l S200L!lll S.3511 .IOO S21!11!lc!ll!l Sl.~l!l.00 [qu·· -ll lU!Jli"'IS<! S7.5!l .. OO so.oo Sl!J,.oo SB .!l!l SB.Ill!! Sl.Sl!I0.00 sm.oo Sll.00 Sl!l .l!ll!l Sl!l .. 00 Sl!l .lOO SBL!ll!I S.2,25 1!1 .00 (Jl)l. lleil"''l"""'1l Sl.55oll..OO Sl.1i50.00 S1.SSll•.OO S1.SS!l.l!ll!I, S1.SS!l.l!lm Sl.~!l.l!l!l Sl.~!l.00 S1..'5Sl!I.OO S1.1i511L!lll s 1.5511..00 Sl.5511.00 S1.SSO.l!lm s 1!l6!11!1.00 $!<2 ,0S&.00 s~1..m.001 $!<2 . .S:ll.00 $41 ;11 0.001 $<1&,38~.0 01 $!; !;,41&.00 $/;i!i_. 008..00 $!;4,!;9&001 $!;~.21&.0 0 $~3,!!tlll.001 $!; 1., fiOll.00 $r.&.(lllcl.001 $14:ll!;l ll.OO BID N [~TS ~Se t u 1,1 kol Sl.11.no!! SJ.mom S4.!]00 .00 S.3,rull.l!ll!l S.3,rull.l!JB Sl.11311.00 Sl.11:lll.OO S.3.!l~.00 S.3..11311 .1!111 S.3.,!130 .L!lll saaao.oo S.3.!13!1.l!l!l snn11.oo ~S.,t u Hill S2.!1001l!l S2,8!JOL!lll $2,800 .00 S.2 .SOB.l!ll!l S.2.SOB.l!lB S.2..9lll!I.OO S.2,8!11!1.00 S.2.S00.00 S.2.SOl!l .l!ll!l S2,!!00 .m S2,8!Jl!l .i00 S2.!!!JO.l!l!l S.3l.OOl!l.OO p., Sl.1100 . .00 so.oo sa .oo S1.00M!l SB.l!lB so.oo s1.oom.oo Sll .00 Sl.00'1.l!ll!l Sl!l . .00 Sl.OOl!l .00 SO.l!ll!l SS..OO!l.00 t.1millet tmo,5 s.2..100 .. 00 Sl!l .00 Sl!l .00 S1.00l!l.!ll!I Sil.Ill!! so.oo $97.5 .00 Sll.00 Sl!l .l!ll!l Sl.900 .. 00 Sll.lOO S!l.l!ll!I SS..97:5.00 ~M '8 Sl.!100 .. 00 S.351!1 .00 S]Sll.00 Sa511 .!ll!I S.3"511.!ll!I saso.oo S351!l.OO S]Sll.00 S.3511 .l!ll!l S]Sll .. 00 S.3511 .IOO saso.!ll!I $4.!ISl!l .OO ~Qµ-l!cd:, S64ll .. OO S-960.00 Sl,121!1•.00 S4!1!l.l!ll!l SfAl!l.l!lB SID.21l!l S:Ni&.!l!l $3 2!!.00 S964 .l!ll!l S!lfA .. 00 SSS.21l!l S8!1D.l!lm S:3,S!l!!Bl) $10,!;lO.OO $1.140 .00 $8 .• :no.oo $B.lili0.001 $.112 0.001 SU!ilm Sag,13.00 :$7 ;10IUlll1 $8,1)440 0 $11.944.001 $11.0!!200 $.!!IIWJ01 $'!1 6,343.00 SCAF ~ty lF= $!5,200 .L!lll SS..21!11!1L!lll SS.8511 .00 S.3,.91]EJJ!]EJ S],23 1].l!lEJ S'S..21!11!1.l!l!l SS..8511.00 S4.SSl!I.OO S],9110 .1!111 Sl.9l!IOLO!I Sl,9011 .IOO S4.SSll.l!ll!I SSS..29 11.00 SCAFSe ·1'1'/setu S2.!I OO.OO S.2,8!10 .00 S.3 .121.00 S2 .111B.l!ll!l Sl.750.l!lB S.2..8!11!1.00 S3, 150.00 S2 ASl!I .OO S2 .1!ll!l.l!ll!l S.2..100.00 Sl.~l!l.00 S2A5!l.l!ll!l S.29..0511.00 SCAFM,ie ""6,tt;,,leluJ" men'l Sl.,!100.00 S.350 .00 S.321 .00 Sa51!1.l!l!l Sa5!l.l!lm Sa5!l.OO sasa.oo S]Sll.00 S.3511 .l!ll!l S]Sll.00 S.3511 .00 Sa5!lc!ll!l $4,!ISl!l.OO SCAFloignc $721!1 .L!lll S97:5 .00 S!I00 .00 S7.51!l.!ll!l SOOl!l.l!ll!l Sfil:5.00 S1.451lDD S!l75.00 S7.51l .l!ll!l S721!1L!lll S72ti.i00 S451l•.l!ll!l $9..~1.00 $'!1 .u n oo $9,32.!iOIJI $10l,1SOLOO S,;10WJO, $.!190.001 $9,0CZ!i.OO $1(1.II00.00 $B,12!i.001 S1 .10n oo $1.010.001 $-6.1 316'00 Sl'.IIIIWJ OI $'!111.tll!LOO Oii a tll¾1e ll:ea=l1 S25 .00l!l.l!lm S25..00l!I.OO Sullf Cil"l' ill,w, Slll.OO!l.l!l!l $10.,000 .00 MO N'TH LY TOTALS 51UB&OO· S6,S,68a.OO, 511,243.00• Sal,9.3 0.Q(l• $59 ,193.Q(l• 51 1,295 .00, 51 4..13 1.00, Sfi!l ,931.00• 510,361.M 56 9,982 .00, 56 1,00'9 .00 $1()!;,JS.l.Ol!J, 5978, 534.00 THE ANNUAL ASSESSMENT PROCESS The District's Advisory Board, Downtown Huntington Beach, is required to prepare an annual report to be submitted to the Huntington Beach City Clerk. The annual report contains a proposed work plan, a detailed budget for the upcoming year, a summary of accomplishments, and the following information: Proposed changes in the boundaries of the parking and business improvement areas or in any of the benefit zones within the area in FY 2025-2026 (no proposed changes) Improvements and activities to be provided for FY 202 5-2026 (page 11) The estimate of the cost of providing improvements and the activities for FY 2025-2026 (page 11) Method and basis of levying the assessment for FY 2025-2026 (page 4 & 5, under BID Member Overview and Assessment Chart) Amount of any surplus or deficit revenues to be carried over from previous year (page 19) Amount of additional contributions to be made from sources other than assessments (page 17, under Budget) The annual assessment process requires City actions, including two City Council meetings, where the City Council must adopt resolutions approving the assessment for the upcoming year. 1st City Council Meeting (Tuesday, September 2, 2025) Presentation of the FY 2025-2026 Annual Report and proposed budget and action by Council on a Resolution of Intention to levy assessments Public Notice Publish Resolution of Intention to Levy an Annual Assessment in a newspaper (at least 7 days prior to the public hearing) 2nd City Council Meeting (Tuesday, October 7, 2025) Public hearing on the annual assessment and to receive protests against levy of assessments and Council action confirming the levy of assessments At or before the public hearing, all members of the District and public are welcome to protest the annual assessment. Each protest vote is weighted based on the amount of the assessment paid by the business. If the City receives written protests totaling 50% or more of the total assessment, the assessment will not be levied for that year. Even if there is not an assessment for a particular year, the Downtown BID remains, and the annual process to levy the assessment will start over in the next year. 2025 -2026 ANNUAL REPORT Page 18 117 • • • • • • • • • PUBLIC HEARING PROCESS How can I provide Public Hearing Comments For or Against the Assessment? At the annual public hearing, all members of the District and the public are welcome to speak to the City Council regarding the annual assessment. A protest against the levy assessment may be: made orally or in writing made at the public hearing; however, in order to count in calculating whether businesses paying 50% or more of the proposed assessments are against the assessment, a protest must be in writing and received before the public hearing Each written protest must be received by the City Clerk no later than the public hearing. Written protest against the benefit assessments to be levied may be: mailed to the City Clerk of the City of Huntington Beach at 2000 Main Street, Huntington Beach, California 92648 emailed to juan.esquivel@surfcity-hb.org (Assistant City Clerk) with the subject line: Downtown BID Assessment Protest submitted to the City Clerk before the public hearing Each written protest must be filed by an owner of a business located within the District and signed by the person shown on the official records of the City as being the owner or designated agent of that business. For purposes of District protests, the “official records” of the City are the City business license database. If the person signing the protest is not shown on the official records of the City of Huntington Beach as the owner of the business, then the protest shall contain or be accompanied by written evidence that the person is the “designated agent” for the corporation or entity. A written protest may be withdrawn from record at any time before the conclusion of the public hearing. If there are a large number of written protests submitted on a timely basis, the City Council has the option to close the public hearing and then continue the matter to its next regularly scheduled meeting to allow for a thorough counting of the submitted written protests. If written protests have been timely submitted by the owners of the businesses within the District that will pay fifty percent (50%) or more of the total assessments of the entire District, then no further proceedings to levy the assessments shall occur for the FY 2024-2025 year and any new proceedings to levy assessments shall not be undertaken again for a period of at least one (1) year from the date of the finding of the 50% or more written protest by the City Council. If the 50% or more written protest is only as to an improvement or activity proposed in the annual report, then that type of improvement or activity shall not be included in the upcoming year. 2025 -2026 ANNUAL REPORT Page 19 118 • • • • BOARD OF DIRECTORS AND COMMITTES 2025 -2026 ANNUAL REPORT Page 20 2024-2025 COMMITTEES Ad-Hoc Bylaws Committee: o Nicole Llido, Darrick Hearn Finance & Governance Committee: o Moe Kanoudi, Kari Ivey, Darrick Hearn Marketing Committee: o Chair PT Townend Nominating Committee: Susie Smith, o Stephanie Wilson, Nate Bernal Ad-Hoc Surf City Nights/Artisan Fair o Committee: Moe Kanoudi, Kari Ivey, o Darrick Hearn EXECUTIVE COMMITTEE President: Moe Kanoudi, Main Street Eyeware Treasurer: Kari Ivey, Second Floor Secretary: Darrick Hearn, Sandy’s Beach Shack BOARD OF DIRECTORS Bob Bolen, Huntington Beach Realty Nicole Llido, Visit Huntington Beach Peter "PT" Townend, International Surfing Museum Susie Smith, Makin Waves Salon For additional information and comments, please contact: HB Downtown at (714)-536-8300 Email: info@hbdowntown.com Website: www.HBDowntown.com 119 Exhibit B: Map of the District, Assessment Schedule, and Businesses to be Assessed 120 DISTRICT BOUNDARY MAP FY 2025-2026 121 H1111ti11gto11 Beach Dow11to11'11 Busi11ess l111prove111e11t District Bou11daries a11d Be11ejit Zo11es 1 & 2 ft.JRklOf1 AYt Efm1i. Av,~ I D,IIOH Ayes ;;; . J ll11ll1mot• Av• < ;;; ' Wtul•S-a~t\,n! 51 ❖~~.., 0 0 t 0 ~ ':I l < a • ,ii t ., a Corai 1.n ShtflC\.I d ; Bueh~omber Or ! "' Category Benefit Zone 1 Benefit Zone 2 Retail 1,000 sq. ft. or less $351 $200 1,001 -2,500 sq. ft. $702 $400 2,501 -4,999 sq. ft. $1,053 $600 5,000+ sq. ft. $1,404 $800 Restaurants 1,000 sq. ft. or less $351 $200 1,001 -2,500 sq. ft. $702 $400 2,501 -4,999 sq. ft. $1,053 $600 5,000+ sq. ft. $1,404 $900 Hotels 20 rooms or less $468 $400 21-50 rooms $936 $800 51 rooms or more $1,404 $1,200 Services/ Office 1st Floor $281 $160 Basement, 2nd Floor or Higher 1,000 sq. ft. or less $120 $90 1,001 -2,500 sq. ft. $150 $120 2,501 -4,999 sq. ft. $300 $150 5,000+ sq. ft. $700 $350 Cart/ Kiosk $100 $80 Banks/ ATM $600 $400 Seasonal, 9 mos or less $500 $300 ASSESSMENT FORMULA 122 f <-.. ♦ l ... t r fc BUSINESSES TO BE ASSESSED FY 2025 - 2026 1 LOOK VINTAGE 1 OZ COFFEE 221 N MAIN STREET BEACH PROPERTIES LLC 25 DEGREES 2ND FLOOR FAD 602 COFFEE HOUSE 7 1 4 Brew LLC 7-ELEVEN STORE #2172-34653A A & S ACCOUNTING SOLUTIONS INC AAA POSTMART LLC ADVENTURE RENTALS LLC ALOHA GRILL ALUMA MEDICAL AESTHETICS AMAZONIA BOWL AMBIT CONSULTING LLC AMERICAN VINTAGE ANDE'S PERUVIAN ARTS AND CRAFTS (CT) ANDE'S PERUVIAN ARTS AND CRAFTS (CT) ANGRY AL ARIA HOOKAH LOUNGE ATM GLOBAL INCORPORATED B J'S RESTAURANT & BREWHOUSE ATTN: LICENSING B L K EARTH SEA SPIRITS BANZAI BOWLS 123 BARE BUNNY AESTHETICS BASKIN ROBBINS #362100 BEACH ISLAND BEAUTIFIED BY BEEZ BEAUTY BOX BEAUTY BUNGALOWS BY PORCELAIN BERKSHIRE HATHAWAY HOMESERVICES CA PROPERTIES BLACKRIDGE & CO BLUE CHAIR ACCOUNTING BOBASAUR BOGGELN & COMPANY CPA BONDI BOWLS BREEZA BREWSTER'S ICE BRIGHTWATERS WINE BAR LLC BROAD STREET OYSTER COMPANY SURF CITY BRUNO'S BAR & GRILLE LLC BURT'S BURGERS Business Name C NEW LAND DESIGN CENTER CA ACCESSORIES LLC CA ACCESSORIES LLC CA ACCESSORIES LLC CALI SHORE STORE CALIFORNIA CLOTHING CALIFORNIA CURATED CAPITAL INVESTMENT NETWORK INC CENTER FOR ORAL HEALTH CHARLIE'S GYROS 124 COACH'S DELI COACH'S MEDITERRANEAN GRILL COASTAL SKIN REVIVE COASTLINE REAL ESTATE INVESTMENTS LLC COLDSTONE CREAMERY COMPASS CONTINENTAL 1 HOUR CLEANERS CORREA & ASSOCIATES CRUISERS PIZZA BAR GRILL CUCINA ALESSA HB CVS/PHARMACY #819 D3O DAIRY QUEEN DARE ME BIKINI DEL MAR GLAM DENTAL URGENT CARE DIANE'S BIKINIS DING DR SURFBOARD AND BIKE RENTALS DIRTY DOG WASH DUKE'S DWIGHT'S BEACH CONCESSION EARTHS ELEMENTS EL DON LIQUOR EUROPA NAIL STUDIO EXCELL LUXE LAB F H A REVIEW F45 DOWNTOWN HB FLIP EFFECTIVE FOUR SONS BREWING 125 FRED'S MEXICAN CAFE FREIGHTSAVER.COM GALITZEN PROPERTIES GRUPO GALLEGOS G'S BOATHOUSE H M R ARCHITECTS HANDEL'S HUNTINGTON BEACH HAPPY BODY WELLNESS HB STRENGTH CO HB SUPERSTORE HEADLINER HEADSPA HB HORN HOLISTIC HEALTH HOT SPOT PIZZA HQ GASTROPUB HUNTINGTON BEACH BEER COMPANY HUNTINGTON BEACH EASY RIDER, DANK CLOTHING HUNTINGTON BEACH REALTY HUNTINGTON SURF & SPORT HUNTINGTON SURF AND SPORT HURRICANES BAR & GRILL IMAGINCY INFINITYU INIS THE ENERGY OF THE SEA INNOCEAN WORLDWIDE AMERICAS INNOCEAN WORLDWIDE AMERICAS LLC INVESTMENT BUILDERS LLC IPA 1031 GROUP LLC 126 IRON FOUNDATION J&W / WARRIOR MAKERS / THE X GENE /ALPHARISE J & J COASTAL LENDING JACK'S BEACH CONCESSION JACK'S SURFBOARDS JAN'S HEALTH BAR JAX BICYCLE CENTER JAY BIRD'S JOLIE & THE BELLE JPG Inc. dba Oak Leaf Productions KELSEY SHAYE HAIR LLC KILLARNEY'S KITE CONNECTION C/O DAVE SHENKMAN KOAH HEALTH KOKOMOS SURF SIDE KUO JESSICA LA MOME SPA LAURENS WELLNESS LE HOTEL LLC LOCAL MOTION INC LONGBOARD RESTAURANT & PUB LUCY'S TAILORING & ALTERATIONS LUNA UNITED M E HELME HOUSE FURNISHING CO MAHKIN THAI & SUSHI MAILBOX STATION MAIN ST BARBERS MAIN ST LIQUOR MARKET MAIN STREET CLEANERS 127 MAIN STREET HAIR COMPANY MAIN STREET OPTICAL & BOUTIQUE MAIN STREET WINE COMPANY MAKIN WAVES SALON MAMA ON MAIN MANGIAMO GELATO MILK AND HONEY HB MISFIT STUDIO MODEL CITIZEN MODERN PARKING INC MONTGOMERY JEWELERS MR. MARCUS TATTOO MYSTIC BOX LLC NEIRA DESIGNS & FIX-IT ETC NESTOR SOLUTIONS LLC NO KA OI NORTH SHORE POKE CO OC BARBERS PARLOR LLC OC SKIN & SUGAR ODDBYTES LLC PACIFIC COAST ARCHITECTS PACIFIC RIM TAX & ACCOUNTING PACIFIC SOTHEBY'S INTERNATIONAL REALTY PALADIN LEGAL DEFENDERS PARKING CONCEPTS INC PERQS NIGHTCLUB & SPORTSBAR PETE'S MEXICAN FOOD PHO BULOUS PHOTO HOUSE INC 128 PIERSIDE COMMISSARY POKI ON THE PIER POLY CONSULTING INC PORCELAIN HAIR STUDIO / PORCELAIN HAIR EXTENSIONS POSITIVE THOUGHT BRAND (CT4) PREMIER CUSTOMS BROKERS INC PRESTINEHB PRIMECUT TAQUERIA INC PURE BLISS MAIN STREET DAY SPA R M A INTERNATIONAL LANDSCAPE ARCHITECTURE & PLAN REAL THAI FOOD RED PERSIMMON NAILS & SPA RENOWNED RECRUITMENT GROUP LLC RIO MEDIA INC RIP CURL SURF CENTER RIPCORD DIGITAL INC ROBERT KOURY PROPERTIES ROBINSON LEE ROCKIN FIG SURF SHOP ROCKY MOUNTAIN CHOCOLATE FACTORY SAIL PROPERTIES INC SAKAL SURFBOARDS SALON RETRO SALON SOLEIL SALT HAIR LOUNGE SAMPA'S PIZZA CAFE SANCHO'S TACOS SANDBAR COCINA Y TEQUILA SANDY'S BEACH SHACK 129 SCHELIN ULDRICKS & CO SEACLIFF SPA SESSIONS WEST COAST DELI SHABU ON FIRE SHARKEEZ SHOREBREAK HOTEL SKIN AMENITIES SMILES CAFE SMKFLWR SMOKERZ LAND 3 SMOKE SHOP SOCK HARBOR SOUTHNORTE BEER CO SPEEDY CREDIT REPAIR INC STARBUCKS COFFEE COMPANY #575 STEWARDSHIP WEALTH MANAGEMENT SOLUTIONS STILL NOVEL STUDENT LOAN RESOURCE GROUP SUGAR CABANA SUGAR SHACK CAFE SUITE INSPIRATION SUNGLASS HUT #F557 SUNWEST REALTY SUR COFFEE SURF CITY CHIROPRACTIC SURF CITY FISH CO SURF CITY MARKET SURF CITY STORE SURGICAL REPUBLIC SUSHI ON FIRE 130 T K BURGERS T R RANCH SERVICES LLC TACOS LOS CHOLOS TAI SOFTWARE TEXT KEVIN ACCIDENT ATTORNEYS THAI WAVE THE BEAUTOX PLACE THE BLOW DOWN LLC THE CHEMISTRY LOUNGE SALON THE FUNNEL HOUSE THE HOUSE SALON THE IRISHMAN THE NEXT LEVEL THE RIA PIZZERIA THE SALTY B THE UPS STORE 7820 TITAN'S PHO TOP DOG BARKERY BATH & BOUTIQUE TZONE UNCLE FLUFFY UNITED DEFENSE TACTICAL (CT5) VITABLOOM LLC WAHOO'S FISH TACO WATERFRONT BEACH CABANA WAVES WEAVER CONSULTING GROUP LLC WESTLAND BUSINESS SERVICES INC WINDHORSE WINDOW KING 131 ZACKS PIER PLAZA ZACKS TOO ZEPHYR BARBERSHOP ZERO ZERO PIZZERIA ZIGGYS ON MAIN ZIMBABWE HB GIFTS & ACCESSORIES (CT) ZIMBABWE HB GIFTS & ACCESSORIES (CT) ZIMBABWE HB GIFTS & ACCESSORIES (CT) 132 Exhibit C: Improvements and Activities 133 134 IMPROVEMENTS AND ACT IVITIES T h e follow i n g a r e r ecommendati on s fro m t h e Ad v isory Bo a r d on t he e x p e n d i t u r e o f r eve n u es d e riv e d from t h e le vy o f assessmen t s , e s t i m a t ed t o t ota l $1 1 5 ,0 00 fo r FY 202 5 -2026 (a re d uct io n o f $2 ,0 0 0 fr o m 2 02 4-2025 ): AMBASSADOR PROGRAM $35,000.00 ENH ANCED MAI N T ENANCE $21,0 0 0 .0 0 HOLI DAY BEAU TI FICATION $25,80 0 .0 0 MARKETING $10,000.00 CO MMUNITY EVENTS $18,00 0 .0 0 CRM $3,0 0 0 .0 0 FI NAN CIA L SERVICES $2,20 0 .0 0 PU BLI C I M PROVEMENT PR OJ ECT $T 8D Fu rt he r Inforrnati on About t h e a lloca t io n of funds, fo llows o n Pa ge 12 t h r o u g h P a ge 1 3. 2 02 5·2026 AN N UA L REP ORT Page 11 135 2025-2026 ACTIVITIES AND IMPROV EMENTS AMBASSADOR PROGRAM The purpose of the Amba ssado r pro gr am is t o establi sh a posit ive ra p po 1t and vi sib l e p r esence among business owners, pa tro ns, and visitors in Downtown on weekends, hol idays and s pecia l events . The prog ram's goal i s t o create a n envi ronment wher e a ll v isitors can enj oy thei r t ime in Do wntown Hu nt ington Beacti. The Amba ssa do rs oommuni cate t h ro u g h Wh atsApp. T he W hat sA pp i s for a ll r estaurant/bar man agers and own e r s and bar secu rity. The Ambassador prog ram, fonded by t h e Assessments a nd Visi t Hu nt i ngt o n Beach, has prov en to be a val u abl e asset t o D owntown . The Ambassad ors have been acti ve ly in vo lved in variou s activit ies, ind ud ing : ;t Regul a r Patrolling -The Amb assadors patro l the Down t own, ma intain ing a visible pre sence a nd establishi ng rapport w ith i ndi vi dua ls in the co mm un ity. 1t Ob se.rva tion an d Reporting -The Ambassad ors o bse1v e and repo 1t any potentia l saf ety concem s, dist u rbances, o r o t h er inci dents in t h e ar ea. • Collaboration with H BP D -The Ambassad ors worked d osel y w i th the HBPD Downtown Det ail to add ress saf ety-r elated matters effectively. • Assi sta nce and Gu i dance -The Amba ssadors prov ide assi stance and g ui dance to vi si t ors, a nswer i ng q uestio ns, p rovide di rection s and offer reco mmenda t io ns for loca l attractio ns . l he Amba ssado rs' commitment to safety, co mm un ity engagement, and col l aboration wi t h HtWL> has made a p o si tive i m pact o n D ownto w n a n d i n creased t h e posi tive i mage o f D owntow n , ENHANCED MAINTENANCE The Down t own Oi st1i ct is a hub for both loca ls a nd v i sitors, especi all y d uring peak season s a nd maj o r events . Do wnt own Hunt i ng to n Beach takes proac t i ve mea sures to ensure clean lin ess and a wel com ing atmosphere . Fu nds a re a llocated for add it i ona l services d uii ng peak season s and even ts, as w ell as to oover t he d i ffer ence between t h e City of H unt ing ton Bea ch MOU and t h e cu n-ent maintenance contract. Provid i ng a posit ive a nd memo r ab le exper i ence for all attendees i s essen t ia l and re inforces Downtown reput at i on as a vibrant and wel com ing d est i nat i on . Th i s year , the en hanced ma intenance ha s i naeased the area for stea m clean ing a nd po1t er services seven days a week. The entire BI O Assessment area now receives the services f rom Ma lco . HOLIDAY BEAUTIFICATION The Downt own wa s t ra nsfo rm ed d urin g the hol i day seaso n w ith the add it i on of enchanting lig ht ing a nd snowflakes above Main Street. Th e st ar of the show i s the d ecorated t ree on t h e 2 n d bl ock o f Main St reet, se1v in 9 as the h eart of the h o liday mag i c an d d rawing t h e commun ity a nd visit or s t ogether . Next yea r t he hol iday d eoorat io ns will be •beach -themed " and i ncl ude 6th Street a nd the fou rth b lod< of Ma i n street. 2 0 25-2026 A NNUAL REP ORT Page 12 136 2025-2026 ACTIVITIES AND IMPROV EME NTS MARKETING Marketing an d Even ts have been i nsbum ental i n prom ot ing an d shapin g the story of the Downtown Dist rict. Our strat egi c ap proach to mar ket ing, which i ncludes utilizing va1ious co mmunicati on cha n n e ls and o rg a n i zing co mmunity e ven ts, h as a llowed us to engag e st akeho lders effectivel y and estab fish a st ro ng bran d iden t i ty for Do wntown Hu nt ington Bead,. Assess me n t Fees a re used fo r adv e rtis ing an d marketing prog rams, incl uding we bsit e, soc ia l med i a and ema il o ut r each, A new Socia l Med i a Consul t a nt w ill b e retai n ed for e nha n ci n g o u r m arketing capa b ilit i es. COMMUNITY EVENTS Commun ity Eve n ts s uch as the I n depend e n c e Day Blod< Pa 1ty, S u1f City S~oktacula r, and Mag ic o n Ma in Sb-ee t have beco m e h ighl y a nt i ci pat ed an nual gathe1ings. These event s have not o n l y incre ased e xpos ure but h a ve a lso cre ated m emorabl e exp eriences, eng a g e d o u r comm un ity, and en hanced t he Down t own Hun t ington Bead, bra nd. A new commun ity event will be pl an ned for t he off-season to attra ct l ocal resi dents to visit Down t own. CRM I n FY 202 2-20 23, The Hunt ingto n Beach City Council reoommend ed that BID a dopt a Custom er Re l atio n ship Man agement (CRM) p rogram . A CRM se rves as a tool for t h e orga nizat i on's st abili ty a nd lon gevi;ty, ben efit in g all st akehol ders. Th e benefits o f C RM include : • Data cen t ralizat i on, encompassing cont act informat i on, comm un ica t ion hist o ry, and o th er pe1t in ent d et ail s. Th i s compreh ensi ve vi ew of cu stomer dat a g uar ant ees up t o da t e information, ena bling the o rga n ization to id ent ify and add ress po ten t ia l issu es p roa ctivel y b efor e t h ey escal ate. " I m proved st akeho lder rel at i onsh i ps, f aci l it at ed by a cen t ral database that pll'Ov ides a better un derst and ing of t heir needs a nd preferences, con sequen t ly en ab l ing more perso nal ized i nteractio n s, " Effici ent mar ket in g campa i gn s:, empower ed by t ailored m ari<eting messages specifically target ed at d istin ct st akeho lder gro ups, thus l eadin g to hei ght en ed enga gem ent . FINANCIAL SERVICES Mon t hl y fi nancia l se,v i ces by a t hi rd -pa r t y CPA, ba nk fees, an d Qu id<Books h ave st reaml i ned ou r financia l oper ati ons and e n h a nced t ransp a rency. PUBLIC IMPROVEMENT PROJECT Co lla b ora t e wi t h t h e C ity Council to d evel op a Pu b lic I m provem e n t Project i n D own t own H unt i n g ton Beach for the n ew fisca l y ea r . 2025-2026 A NNU A L REP ORT Page 13 September 2, 2025 Renewal of the Huntington Beach Downtown Business Improvement District for FY 2025/2026 137 Background •HB Downtown Business Improvement District (District) established in 2004 in response to request from downtown merchants •Purpose to fund activities/improvements, above the City’s baseline, to benefit and support businesses within the defined boundary •Per CA Parking & Business Improvement Area Law of 1989, District’s Advisory Board must prepare an Annual Report & Budget for Council approval •Council must also approve the levy of the assessment for the upcoming fiscal year 138 The District •Comprised of approx. 255 businesses •Assessments range from $80 - $1,404 •Businesses are assessed based on size, location, and business type •Boundary has two benefit zones •$115,000 projected to be collected •City collects assessments annually with business license renewal •Council appoints an Advisory Board to recommend funding needs 139 ~-,. ()~ . .,,, ' ., ,,, ... "''" _,,. . H1111ti11gto11 Beaclt 2 Dow11tow11 Busi11ess Improvemellf District Bo1111daries a11d Be11ejil Zo11es 1 & 2 fronkfort Av• Shell Cir j 8at11m1,n Av• • ;; f 0 SI l. ... F SI Downtown HB •In 2008, City Council appointed Downtown HB as the District’s Advisory Board •Private, 501(c)(6) business-based non- profit corporation formed by businesses within the District •Distinction between “BID” •District (City Program) •Downtown HB (Non-Profit Organization) •Agreement between City and Downtown HB to manage the District’s funds and activities 140 RESOLUTION 0. 20 08-04 ARE OLU TI NOFT iECI Y OU IL OF THE CIT Y OF H HNG ON B • CH DE IGNATING THE DOWNTO\\'N BUS .E S IMP ROVEMENT DI TRI T AS THE DOWNTO\\ r BID ADVISORY BOARD WHEREAS, on September 7 2004 Ci ty Council created the Dow ntown Bu sin ess ImpIO emi::nt District (''Dow noown BID") pu r:.'llan l to Californ ia tn:els & Highways Code Sec ti on 36500, et seq.; and Bu iaess es loca ted in the geogra ph ic al boun daries of the Do ntown BrD formed a ·0 1{c)6 non-profit corporation known as the Huntington Beach Dow ntown B11s ine s Improvemen t District to better pro mote the do \\frllow n area of Huntington Beach ; and This non •profl t corporation repre ents the collective inte rest of bus inesses in the geographic BID are.a to promote BID ac.tivities, OW, THEREFORE, the City Co un il of the City of Huntington Beach does here by resolve a;; follo •ws : pcm the adop ti on of Ord inance No. 3797 , the Hunti ngto n Beac h Down town BID , shall be lhe Dow11iown BID Adv iso ry Board fo r the 2007-2008 BID budge t year. PASSEDA ND DO Pl DbythcCiry ouncilof the ityofHun ti ngtonBeachat a regu lar meeting thereof hel d on the ~ day of February , 20..Q!L_. l).tlJA'1 ~ •Ambassador Security Program improves visitor experience and safety. •Enhanced Maintenance ensures cleanliness, especially during peak seasons. •Holiday Beautification transforms the district with festive decorations, creating a magical atmosphere. •Marketing efforts promote the area through various channels, strengthening brand identity. •Community Events like the HB4TH of July Block Party, Surf City Spooktacular, and Magic on Main Street foster engagement and attract visitors. •A Customer Relationship Management (CRM) system improves relations and operational efficiency. •Financial Services provided by a third-party CPA ensure transparent and streamlined fiscal management. FY 25-26 Activities 141 j HUNTINGTON BEACH DOWNTOWN BUSINESS IMPROVEME T DISTRICT ANNUAL REPORT 2025- 2026 Downtown HB Total Budget INCOME Surf City Nights $300,000 Surf City Artisan Fair $258,375 City of HB – Maintenance $220,000 BID Member Assessments $115,000 Ambassador Program (VHB)$40,000 Chili at the Beach $25,000 Surf City Days $10,000 Parking $4,070 TOTAL INCOME $972,445 142 Assessment Breakdown Allocation of Business Assessments Ambassador Program (30%)$35,000 Enhanced Maintenance (18%)$21,000 Holiday Beautification (22%)$25,800 Marketing (9%)$10,000 Community Events (16%) $18,000 CRM (3%)$3,000 Financial Services (2%)$2,200 TOTAL EXPENSES $115,000 143 Annual Renewal •State law requires an annual protest hearing to receive and consider any protests against the assessment for FY 25-26 (scheduled for October 7, 2025) •Only protests by affected business owners can be considered •If protests received total 50% or more of the assessment value, no further proceedings to continue the District can be considered for one year •If lack of majority protest exists, Council can renew assessment for the upcoming year 144 •Approve the Annual Report and Proposed Budget for FY 25-26;and, •Adopt Resolution No. 2025-51 “Declaring the City’s Intention to Levy an Annual Assessment for FY 25-26 within the HB Downtown Business Improvement District”, which sets a public hearing for October 7, 2025 to consider continuation of the District; Recommendation 145 Questions? 146 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-636 MEETING DATE:9/2/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Travis Hopkins, City Manager VIA:Eric Parra, Chief of Police PREPARED BY:Julio Mendez, Lieutenant and Kimberly Rodriguez, Management Analyst Subject: Approval to Implement Aerial Flashbangs and Inert Blast Balls for Critical Incident Response Statement of Issue: The Huntington Beach Police Department is seeking approval to implement aerial flashbangs and inert blast balls as additional tools for effective crowd management and de-escalation during critical incidents. The objective is to improve officer and public safety by providing alternative non-lethal options that minimize the risk of injury while restoring order. Financial Impact: The requested items will be funded through the department’s Special Operations Fund. The department plans to purchase up to 100 units of each item over time; however, not all purchases will occur within a single fiscal year. The estimated cost for 100 40mm Aerial Flash-Bangs is $4,800, at approximately $48 per unit. For the inert blast balls, two models are under consideration: the standard Rubber Ball at $59.69 each, totaling $5,969, and the Rubber Ball with Safety Clip at $63.89 each, totaling $6,389. All purchases will be made incrementally and within the department’s existing budget. Recommended Action: Approve the implementation of aerial flashbangs and inert blast balls as authorized non-lethal tools for use by the Huntington Beach Police Department during critical incident response. Alternative Action(s): Do not approve and direct staff accordingly. Analysis: Recent events have highlighted the need for enhanced tools to address volatile crowd situations that pose a risk to public safety, officer safety, and property. Aerial flashbangs and inert blast balls are designed to create loud noise and bright flashes of light, temporarily disorienting individuals without causing permanent harm. Their use is intended to facilitate peaceful crowd dispersal in high-risk City of Huntington Beach Printed on 8/28/2025Page 1 of 2 powered by Legistar™ 147 File #:25-636 MEETING DATE:9/2/2025 causing permanent harm. Their use is intended to facilitate peaceful crowd dispersal in high-risk situations where other less-lethal options or verbal commands may be ineffective. The Huntington Beach Police Department already maintains specialized tools, including military equipment authorized under AB 481. The use of such equipment is governed by strict protocols, including oversight, training, and legal compliance. These new tools would be available only to trained personnel and deployed based on a clear assessment of the totality of circumstances. The proposed implementation supports the City’s commitment to community safety, de-escalation, and transparency, while providing officers with the flexibility needed to manage unpredictable and dynamic critical incidents. Please see the attached memorandum for the plan of implementation and integration of these tools. Environmental Status: Pursuant to CEQA Guidelines Section 15378(b) (5), administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a project. Strategic Plan Goal: Goal 8 - Public Safety, Strategy B - Bolster City's emergency management preparedness and response plans to ensure seamless public safety response during crisis events. For details, visit www.huntingtonbeachca.gov/strategicplan. Attachment(s): 1.Interdepartmental Memo to the Chief of Police City of Huntington Beach Printed on 8/28/2025Page 2 of 2 powered by Legistar™ 148 149 To: From: Date: HUNT I NGTON BEACH POLICE DEPARTMENT Eric Parra, Chief of Police Julio Mendez, Lieutenant July 1, 2025 Subject: Implementation of Aerial Flashbangs and Blast Ball (Inert Noise Makers) Purpose: This memo proposes the implementation of aerial flashbangs and inert blast balls as additional tools for effective crowd management and de-escalation during critical incidents. The objective is to enhance public and officer safety by providing non-lethal options that minimize the risk of injury while restoring order. Background: Recent incidents have underscored the need for improved methods to safely and effectively disperse crowds, particularly in volatile situations where traditional verbal commands or existing less-lethal options may be insufficient. Aerial flashbangs and inert blast balls produce high- decibel noise and light intended to temporarily disorient groups, creating an opportunity for peaceful dispersal without causing lasting harm. The Huntington Beach Police Department (HBPD) maintains various specialized tools, including military equipment as defined by AB 481, to support its mission of providing the highest level of service to our community. Possession of this equipment does not mean it will be used indiscriminately; instead, HBPD recognizes that critical incidents are often unpredictable and dynamic, requiring flexible options to resolve situations safely. The deployment of military equipment is strictly controlled, limited to authorized personnel, and used only when necessary , based on the totality of circumstances , public safety considerations, officer safety, and compliance with state and federal law. Training: On May 14, 2025, HBPD's Mobile Field Force and Mounted Enforcement Unit officers participated in joint training at the George Ingalls Equestrian Event Center in Norco, California. This collaborative training was conducted in partnership with the Mobile Field Force Geographic Team (MFFGT) and the Orange County Regional Mounted Enforcement Unit (OCRMEU), the training focused on coordinated crowd control tactics, integration exercises , and deployment of less-lethal munitions. Certification training, led by the Los Angeles County Sheriffs Department Sheriffs Response Team (LASD-SRT), covered preparation, tactics, and deployment of two specialized devices: the Aerial Burst 40mm Flashbang and the Rubber Blast Ball (inert). The aerial flashbang is launched via 40mm launcher, while the rubber blast ball is hand deployed. Both are area- deployed tools used to produce loud noise to distract and encourage crowd compliance without direct targeting of individuals. These devices are not considered a "use of force" since they are designed for area effect rather than individual impact. 1 150 Implementation Overview: To successfully integrate these new tools for crowd control, the following implementation procedures are recommended. 1 . Policy Development: o Draft comprehensive guidelines defining authorized use, prioritizing de-escalation and public safety. o Establish clear criteria for deployment, including instances of violent crowd behavior, significant property damage, or situations involving a declared unlawful assembly. o Require supeNisor approval prior to deployment, except in exigent circumstances. 2 . Training: o Mandate training for all personnel involved in crowd management, covering safe handling, tactical deployment, effects on crowds , and medical considerations. o Use scenario-based e x ercises to reinforce sound decision-making under stress. 3 . Equipment Accountability: o A ssign devices to designated Mobile Field Force supeNisors or specialized teams. o Maintain detailed inventory and deployment records. o Require documentation of every deployment through standardized after-action reports . 4. Operational Deployment: o Store devices securely in response vehicles assigned to pre-planned and spontaneous crowd control operations. o Limit deployment to trained personnel operating under supeNision . o Prioritize de-escalation, including issuing clear verbal warnings when feasible . 5 . Community Outreach and Transparency: o Uphold transparency by sharing information about equipment, deployment policies, and training efforts with the community. o Engage residents at community events, including open houses, citizens' academies , Coffee with a Cop, and other outreach opportunities . o Display the department's inventory of military equipment in compliance with AB 481 requirements . 6. Oversight and Reporting: o Conduct command-level reviews of all deployments to ensure compliance and identify training or policy improvements. o Include data on deployments, circumstan ce s, and outcomes in annu al Military Equipment Reports submitted to the City Coun cil. o En s ure adherence to all applicable laws, departmental po licies, and accountability measures. 7 . Benefits: o Reduces reliance on physical force by allowing officers to safely create distance and disperse aggressive o r non-compliant crowds . o Decreases the risk of injury to community members and offi cers compared to impact-based less-lethal tools. o Enhance overall safety with controlled , non-impact alternatives that help restore order while minimizing harm. 2 151 Next Steps: Request City Council approval to adopt this implementation plan and authorize the deployment of these devices. Conclusion: This implementation plan provides a safe, effective, and accountable approach for managing critical incidents involving large or aggressive crowds. By adopting these tools and policies, the City of Huntington Beach can better protect the safety of the public, officers, and property, while maintaining transparency and community trust. APPROVED AS TO FOnM ~;c~ CliV ATTORNEY CHY OF HUNTINGTON BEACH 3 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-623 MEETING DATE:9/2/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Travis Hopkins, City Manager VIA:Jennifer Villasenor, Director of Community Development PREPARED BY:Ricky Ramos, Planning Manager Subject: Certify Environmental Impact Report No. 25-003 by adopting Resolution No. 2025-24; Approve Findings of Fact with a Statement of Overriding Considerations (Pacific Airshow Huntington Beach); and Approve and authorize the execution of an Airshow Event Agreement between the City of Huntington Beach and Pacific Airshow, LLC, and amend the On-Call Contract with Environmental Science Associates to appropriate $250,000 for the Airshow Environmental Impact Report and ongoing mitigation monitoring Statement of Issue: Transmitted for your consideration is an Environmental Impact Report which analyzes the potential environmental impacts associated with the continuation of the Pacific Airshow Huntington Beach pursuant to the California Environmental Quality Act (CEQA). Additionally, the City Council is asked to approve an Airshow Event Agreement, between the City of Huntington Beach and Pacific Airshow, LLC, for the terms and price agreed on pursuant to the Settlement Agreement and General Release agreed on by both parties and signed on May 9, 2023. Based on City Council direction at the December 20, 2022 meeting, the City has developed an Environmental Impact Report (EIR) in accordance with the California Environmental Quality Act (CEQA). The City Council is asked to provide authority to the City Manager and City Attorney to amend on-call contract with Environmental Science Associates to appropriate $250,000 of one-time Waterfront Settlement funds (business unit 10040101.69300) for the Airshow Environment Impact Report and ongoing mitigation monitoring. This appropriation will bring the on-call contract total to $1,100,000. Financial Impact: The settlement agreement, signed on May 9, 2023, outlines the terms of the Airshow Event Agreement with Pacific Airshow, LLC. City of Huntington Beach Printed on 8/28/2025Page 1 of 11 powered by Legistar™ 152 File #:25-623 MEETING DATE:9/2/2025 The settlement agreement indicated the City would enter into a long-term contract with Pacific Airshow for the exclusive operation of an Airshow in Huntington Beach. The settlement agreement considers a ten year contract with 4, ten year renewals. During contract negotiations, the City and Pacific Airshow, LLC agreed on a lesser contract term of 10 years, with 3, five year renewals not to exceed an overall contract term of 25 years. The settlement agreement allocated 3,500 City parking spaces, at no cost to Pacific Airshow, for the exclusive use of Pacific Airshow during event dates. The Airshow Event Agreement reduces Pacific Airshow’s parking allocation to approximately 3,000 parking spaces, providing use of other parking spaces for general public use. Beginning in 2030, the City will recover $10 per parking space and $100 per RV camping space sold by Pacific Airshow during event dates. The $10 per space retained by the City shall be automatically increased by the Consumer Price Index (CPI) each year starting in 2031. At the December 20, 2022, City Council meeting, Council directed City Attorney’s Office to conduct an Environmental Impact Report for the Pacific Airshow. The EIR was completed as part of the $850,000 on-call contract with ESA. City Council is asked to appropriate an additional $250,000 from one-time Waterfront Settlement funds to the ESA contract for the completion of the EIR and for ongoing mitigation monitoring. City departmental budgets will absorb staffing costs related to the Airshow in the amount of approximately $300,000 annually. Recommended Action: A) Certify Environmental Impact Report No. 25-003 as adequate and complete in accordance with CEQA requirements and adopt Resolution No. 2025-54, “A Resolution of the City Council of the City of Huntington Beach Certifying the Environmental Impact Report (SCH#2024020006) for the Pacific Airshow Huntington Beach Project” (Attachment No. 1); and B) Approve CEQA Findings of Fact with a Statement of Overriding Considerations (Attachment No. 2); and C) Approve and authorize the Mayor and City Clerk to execute the “Airshow Event Agreement Between the City of Huntington Beach and Pacific Airshow, LLC” for the management and operation of the Pacific Airshow. D) Provide authority to the City Manager and City Attorney to amend On-Call Contract for ESA to appropriate an additional $250,000 for the Airshow Environment Impact Report and ongoing mitigation monitoring, bringing the on-call contract total to $1,100,000. Alternative Action(s): The City Council may make the following alternative motion(s): 1. Do not certify Environmental Impact Report No. 25-003 as adequate and complete in accordance with CEQA requirements and do not approve the CEQA Findings of Fact with a Statement of Overriding Considerations. 2. Continue Environmental Impact Report No. 25-003 and direct staff accordingly. City of Huntington Beach Printed on 8/28/2025Page 2 of 11 powered by Legistar™ 153 File #:25-623 MEETING DATE:9/2/2025 3. Do not approve the agreement with Pacific Airshow, LLC, and consider approving terms for the 2025 Pacific Airshow Specific Event permit or direct staff accordingly. Analysis: A.PROJECT PROPOSAL: Applicant: Pacific Airshow, LLC, 5252 Bolsa Avenue, Huntington Beach, CA 92649 Environmental Impact Report No. 25-003 to analyze the potential environmental impacts associated with the Pacific Airshow Huntington Beach. As described in the Project Description of the EIR, the Pacific Airshow would provide a spectacle- scale airshow in Huntington Beach that attracts attendees throughout the Southern California area (and perhaps beyond). The proposed project would feature civilian and military aircraft flybys and aerial acrobatics, air racing, helicopter and aircraft landing/runway displays comprised of temporary acrylonitrile butadiene styrene (ABS) foundation (stadium flooring) or wood or aluminum flooring, electric vehicle (EV) and drone displays with hangars and aerial competitions and drone shows, displays of other emerging aviation/mobility technology, and visitor-serving entertainment, services, and amenities (e.g., variety of viewing areas, vehicle and aircraft demonstrations and displays, illustrations, flight simulations, merchandise tents, concessions, food trucks, live music entertainment, wave pool surf competitions, skateboard and bicycle motocross (BMX) bowl competitions, sandcastle building competitions, art installations, and pyrotechnic shows). Future Airshows are anticipated to be held annually for three (3) days to up to five (5) days, generally Friday through Sunday or up to Wednesday through Sunday, with aircraft flight familiarization and flight practice flyovers beginning as early as Monday of the week of the Airshow. Further details of the proposed airshow activities evaluated by EIR No. 25-003, including a description of the Show Center Area and Airshow Performance Area locations, is provided in Chapter 2 -Project Description of the EIR (https://www.huntingtonbeachca.gov/business_detail_T9_R677.php). B.ANALYSIS: EIR Overview The EIR provides a detailed analysis of potential impacts associated with the Pacific Airshow. It is intended to serve as an informational document for decision makers and identifies significant or potentially significant environmental effects, as well as ways in which those effects can be reduced to less than significant levels, whether through the proposed project (as described in the EIR) or implementation of mitigation measures (MMs). In a practical sense, EIRs function as a technique for fact-finding, allowing the operator, the City and the public an opportunity to collectively review and evaluate baseline conditions and project impacts through a process of full disclosure. The Draft EIR was available to the public, public agencies, and City Council for review for a 45- day public comment period starting February 20, 2025. The Final EIR, including the Response to Comments and all text changes resulting from the public comment period was posted on the City of Huntington Beach Printed on 8/28/2025Page 3 of 11 powered by Legistar™ 154 File #:25-623 MEETING DATE:9/2/2025 Comments and all text changes resulting from the public comment period was posted on the City’s website prior to the public hearing on the EIR. The required CEQA procedure that was followed is outlined below: February 1, 2024 - Notice of Preparation was filed with the State Clearinghouse and available for public review and comment for 30 days. February 21-22, 2024 - Public Scoping Meetings were held to solicit comments related to the issue areas to be studied in the EIR. February 20, 2025 - April 7, 2025 - Notice of Completion was filed with the State Clearinghouse and Draft EIR was available for public review and comment for 45 days. The Draft EIR discusses potential adverse impacts in the areas described below. The direct, indirect and cumulative impacts of the project are addressed, as are the impacts of project alternatives. As required by CEQA, the Final EIR, which includes the Draft EIR and Appendices, comments received on the Draft EIR, responses to all comments received on the Draft EIR, and text changes to the Draft EIR, was distributed to all agencies that commented on the Draft EIR on August 8, 2025, ten days prior to certification of the EIR by the City Council. Scope of EIR Analysis During the Initial Study the following topics pursuant to CEQA guidelines were determined to have a less than significant impact or no potentially significant impact and were scoped out: Aesthetics, Agriculture and Forestry Resources, Cultural Resources, Energy, Geology/Soils, Greenhouse Gas Emissions, Hydrology/Water Quality, Land Use/Planning, Mineral Resources, Population/Housing, Public Services, Recreation, Utilities/Service Systems, and Wildfire. Project Impacts The Draft EIR studied the following topics and concluded that project implementation would result in no impact, less than significant impacts, or potentially significant impacts that could be reduced to a less than significant level with incorporation of mitigation measures: ·Biological Resources ·Hazards and Hazardous Materials (with mitigation) ·Transportation ·Tribal Cultural Resources The EIR determined that project implementation would result in significant and unavoidable impacts in the following areas: ·Air Quality ·Hazards and Hazardous Materials (Emergency Response/Evacuation) ·Noise Mitigation Measures City of Huntington Beach Printed on 8/28/2025Page 4 of 11 powered by Legistar™ 155 File #:25-623 MEETING DATE:9/2/2025 To mitigate impacts the following mitigation measures have been incorporated into the EIR: Hazards and Hazardous Materials HAZ-1: A qualified avian biologist will conduct one Wildlife Hazard Site Visit (WHSV) prior to the start of the annual Airshow (beginning in 2024) following the protocol developed by the FAA in the Protocol for the Conduct and Review of Wildlife Hazard Site Visits, Wildlife Hazard Assessments, and Wildlife Hazard Management Plans (Federal Aviation Administration, Advisory Circular 150/5200-38, August 2018 to evaluate potential risk of wildlife strikes at airports, specifically for the proposed temporary aircraft landing pad on the beach during all future Airshow events. The WHSV shall include field observations conducted over one day at dawn, noon, and dusk from a variety of pre-determined locations to ensure complete visual coverage of the location of the temporary runway and immediate surroundings. All signs of birds, mammals, habitat attractants, and wildlife/habitat relationship observations shall be recorded. A wildlife hazard site visit memorandum shall be prepared and include a list of wildlife species or signs observed during the surveys, federal and state status of the species observed, habitat features that may encourage wildlife, natural and artificial wildlife attractants, strike data analysis, and recommendations to reduce wildlife hazards. Recommendations may include developing a long-term management strategy that includes wildlife hazard management and/or reduction in flights under 500 feet above ground level. HAZ-2: A qualified biological monitor will be on-site during event performances for the duration of the event (3-5 days) to document bird activity during aircraft flyovers and take-off and landing within the Show Center Area. Biological monitoring will also inform recommendations to reduce wildlife hazards. Based on monitoring observations, recommendations may include the following standard best management practices such as properly disposing of trash to avoid attracting wildlife to the Show Center Area and/or employing means of harassment (e.g., lasers) to disperse birds. Noise NOI-1: The applicant shall implement the following measures for the duration of the event: ·The nearest speaker shall be placed at least 475 feet away from any nearby sensitive receptor and any subsequent speakers shall be separated from other speakers by 25 feet parallel to Pacific Coast Highway. Speakers shall also be positioned in a manner that would not point directly towards any nearby sensitive receptor and, instead, face the beach/ocean. ·A temporary noise barrier of at least 10 feet in height and constructed of plywood or using a sound blanket shall be installed on public property nearest to the sensitive receptors to the west of the proposed music festival area (Huntington Pacific Beach House Condo complex at 701 Pacific Coast Highway). The temporary noise barriers shall block the line-of -sight between the music festival attendees and similarly elevated ground-level noise- sensitive receptors. Biological Resources As part of the project description, the airshow operator is proposing the following project design City of Huntington Beach Printed on 8/28/2025Page 5 of 11 powered by Legistar™ 156 File #:25-623 MEETING DATE:9/2/2025 feature to ensure that impacts to nesting birds remain less than significant: •Pre-airshow activities would occur at least one week beyond the end of the identified nesting season for the California least tern and the western snowy plover and well beyond the end of the identified nesting season for the light-footed Ridgway’s rail and general avian species. • Monitoring efforts will be conducted before and during the Airshow to survey for nests and provide measures to avoid potential impacts. • Daily briefings have and will continue to occur, although the outcome of those briefings cannot be guaranteed. While not a mitigation measure, the project design feature is incorporated into the Mitigation Monitoring and Reporting Program (Attachment No. 1). Significant and Unavoidable Impacts Using mitigation measures and project design features identified in the EIR, potentially adverse impacts associated with the project can be mitigated to a less-than-significant level. However, there are three areas for which significant adverse environmental impacts cannot be eliminated through mitigation measures. The significant adverse environmental impacts are as follows: Air quality Daily mobile sources emissions from additional vehicle trips associated with new activities proposed for the airshow (e.g. - nightly concerts) would exceed the South Coast Air Quality Management District (SCAQMD) thresholds of significance for the following criteria pollutants: volatile organic compounds (VOCs), carbon monoxide (CO), and nitrogen oxides (NOx). While it should be noted that existing mobile source emissions already exceed the SCAQMD thresholds of significance for these pollutants, there are no feasible mitigation measures to reduce the additional emissions from vehicle sources below the significance thresholds. As such, impacts would be significant and unavoidable. However, projected emissions from expanded airshow activities in future years would decline as vehicle technology improves and older vehicles are replaced with newer vehicles that emit fewer pollutants. Hazards and Hazardous Materials Due to the volume of people anticipated on and near the beach during the Airshow, in the event of an emergency, evacuation times would be increased and could affect emergency access. The circumstances resulting in the need to evacuate either the event area or the City will differ based upon the nature and magnitude of the emergency (fire, earthquake, tsunami), the location of the emergency (local or regional), and the timing relative to the event (are people coming in or leaving). The population group that attends the event is difficult to identify, as there is limited formal ticketing (only the reserved grandstands and beach). While many people gather near the beach, attendees also view from rooftops/balconies, restaurants, and other venues throughout the City. The ambiguity around the event population (size and location), combined with the range of potential evacuation events, results in unquantifiable evacuation times. The increased population as a result of the Project, combined with all other population unrelated to the Project, including residents, employees, students, and visitors, would likely all be concurrently subject to evacuation orders in case of an emergency event. Given the wide range of possible emergency conditions, difficulty in quantifying the number and location of population added by the Project, the probable City of Huntington Beach Printed on 8/28/2025Page 6 of 11 powered by Legistar™ 157 File #:25-623 MEETING DATE:9/2/2025 difficulty in quantifying the number and location of population added by the Project, the probable increase in evacuation times, and the lack of significance threshold to measure such effects, the Project is conservatively considered to result in significant and unavoidable impacts to emergency access. Noise Implementation of new airshow activities, specifically a multi-day music festival with amplified speakers, would represent a new source of noise and vibration that could result in the generation of a substantial temporary increase in ambient noise and vibration levels in the vicinity of the Project in excess of standards established by the City. Mitigation Measure NOI-1 would be required to be implemented to reduce noise from the event. However, even with implementation of mitigation, noise levels would still exceed significance thresholds. Since it is not feasible to locate speakers further away from noise-sensitive receptors beyond the mean high tide line to further reduce impacts, the impact is determined to be significant and unavoidable. Alternatives The EIR also presents alternatives to the proposed project that could avoid or reduce the severity of impacts described in the topics above as required by CEQA. Three alternatives were evaluated in the EIR and described below: ·Alternative 1 (No Project/No Airshow) - This alternative assumes no project which is an alternative that is required under CEQA. ·Alternative 2 (2023 Airshow) - Under this alternative the annual event would take place over 3 days and would not include a music festival, helicopter and aircraft runway/display, skateboard/BMX competition, pyrotechnic shows, sandcastle building competition, and beach camping among others. ·Alternative 3 (Reduced Project) - This alternative would include a reduced size of the Airshow with no military aircraft or equivalent noise-producing jets being included in the Airshow. This alternative is aimed at reducing noise as well as evacuation impacts due to decreased number of employees and attendees. The No Project/No Airshow Alternative is considered the environmentally superior alternative as it would avoid or reduce most of the potential impacts associated with the Airshow. However, it would not meet the objectives of the project. CEQA guidelines require that if the No Project Alternative is determined to be the environmentally superior alternative, an environmentally superior alternative must also be identified among the remaining alternatives. As such, the 2023 Airshow Alternative would result in the fewest environmental impacts as compared to the project and is considered the environmentally superior alternative. However, this alternative would not meet all the project objectives. Statement of Overriding Considerations Environmental impacts associated with project implementation may not always be mitigated to a level considered less than significant. In such cases, a Statement of Overriding Considerations City of Huntington Beach Printed on 8/28/2025Page 7 of 11 powered by Legistar™ 158 File #:25-623 MEETING DATE:9/2/2025 level considered less than significant. In such cases, a Statement of Overriding Considerations (SOC) must be prepared prior to approval of a project in accordance with CEQA guidelines. CEQA requires the decision-making agency to balance, as applicable, the economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered acceptable. When the lead agency approves a project which results in the occurrence of significant effects that are identified in the Final EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its actions based on the Final EIR and/or other information in the public record. Because implementation of the proposed project would create significant unavoidable impacts as described above in the areas of Air Quality, Hazards and Hazardous Materials, and Noise, a Statement of Overriding Considerations (SOC) is provided in Attachment No. 2, which describes the specific reasons for approving the project. Public Comments on the Draft EIR and Errata Changes During the public review period, the City of Huntington Beach received a total of 16 comment letters on the EIR: four from state agencies, two from local agencies, five from organizations, and five from other interested parties and individuals. The final EIR includes responses to all comments that raised an environmental issue. In response to some comments received, the final EIR includes text changes for the purpose of clarification or correction. The text changes do not change the conclusions of the EIR analysis. All of the comments are adequately addressed in the Response to Comments section of the final EIR. Summary Environmental Impact Report No. 25-003 serves as an informational document with the sole purpose of identifying potential environmental impacts associated with the Pacific Airshow, alternatives that minimize those impacts, and appropriate mitigation measures. The City Council may certify the EIR because it was prepared in accordance with CEQA, is adequate and complete in that it has identified all significant environmental effects of the project, and all significant environmental impacts which can feasibly be mitigated or avoided have been mitigated or avoided. C AIRSHOW EVENT AGREEMENT Analysis: The Pacific Airshow has consisted of a three-day weekend event featuring aerobatic demonstrations. Other activations have included a music concert, a boat race around Catalina Island, and on-sand entertainment. During the 2021 Pacific Airshow, an oil rig and connected pipelines located off the coast had a breach, spilling oil into the Pacific Ocean. Pacific Airshow, LLC filed a lawsuit against the City in a City of Huntington Beach Printed on 8/28/2025Page 8 of 11 powered by Legistar™ 159 File #:25-623 MEETING DATE:9/2/2025 breach, spilling oil into the Pacific Ocean. Pacific Airshow, LLC filed a lawsuit against the City in a civil action in Orange County Superior Court. On May 9, 2023, the City and Pacific Airshow, LLC, entered into a Settlement Agreement and General Release Agreement (see Attachment 2) providing terms and conditions settling the lawsuit. This settlement also included a requirement for the City to conduct and complete an Environmental Impact Report of the Airshow events and to enter into a separate Airshow Agreement providing exclusive right to conduct and operate the Air Show Event. The City Council directed the City Attorney to conduct an environmental review on the Pacific Airshow event. The Environmental Impact Report is on tonight’s agenda for City Council consideration. Based on the settlement agreement signed on May 9, 2023, the City has agreed to terms with the Pacific Airshow for a multi-year Airshow Event Agreement. Contract Term & Fees Below is a summary of terms and fees of the proposed agreement: CONTRACT DETAILS Term 10 year term with 3, five year renewals, not to exceed 25 years Parking Spaces Reduced from 3,500 to approximately 3,000 Restoration Fees To be completed annually by Pacific Airshow Permit Costs No charge to Pacific Airshow Personnel Costs To be paid by City Environmental Impact Report EIR and ongoing mitigation monitoring paid by City. CEQA amendments due to change in scope paid by Pacific Airshow Additional Terms Pending resolution of current litigation, both parties may be required to renegotiate terms 2025-2030 After 2030 Parking Revenue Pacific Airshow collects parking revenue from City Lots City will retain $10 per space sold by Pacific Airshow. In 2031, price retained by City will increase by CPI annually RV Camping Revenue Pacific Airshow collects parking revenue from City camping spaces City will retain $100 per camping space sold by Pacific Airshow. In 2031, price retained by City will increase by CPI annually Summary of Contract Details Below is a summary of the conditions of the proposed agreement: Pacific Airshow Obligations: City of Huntington Beach Printed on 8/28/2025Page 9 of 11 powered by Legistar™ 160 File #:25-623 MEETING DATE:9/2/2025 ·Obtain annual Specific Event Permit from the City in advance and secure all necessary federal, state, and local permits (FAA, Coastal Commission, Alcohol Beverage Control, etc.) as well as all applicable rules and regulations established by the City or prior agreements between the City and third parties. ·Restore event area after each show at the expense of Pacific Airshow. ·Comply with all applicable laws and City rules for the duration of the agreement. ·Require liability waivers from all event participants in a City-approved form. ·Provide all operational resources including equipment, supplies, volunteers, staff, event setup, teardown, and technical needs. ·Use local suppliers where reasonably possible and legally permissible. ·Maintain required insurance coverage ($10M per occurrence / $10M aggregate general liability) naming City as additional insured. City Obligations: ·Grant Pacific Airshow exclusive event rights for an annual airshow in Huntington Beach, disallowing competing airshow or aerial performance events during the term of the Agreement. ·Work with Pacific Airshow on event dates, ensuring the event does not occur between March 15-Sept 15 to protect Bolsa Chica nesting season. ·Provide Pacific Airshow exclusive use and monetization rights for City parking. ·Waive City fees and costs for all public safety fees [marine safety, police, fire, etc.], application fees, permit fees, beach maintenance fees, setup & take-down fees, banner placement fees, public works, electrician/electrical, and restroom maintenance/cleaning fees, road and street closure fees, pollution prevention fees, etc). ·Assist Pacific Airshow in mitigating third-party costs by providing City resources for public safety, public works, and operational needs when possible. ·Indemnify Pacific Airshow for CEQA challenges caused or undertaken by the City. Strategic Plan Goal: Goal 1 - Economic Development, Strategy A - Develop an updated economic development strategy to ensure business retention, local investments and job growth. Attachment(s): 1. Resolution No. 2025-54, “A Resolution of the City Council of the City of Huntington Beach Certifying the Environmental Impact Report (SCH#2024020006) for the Pacific Airshow Huntington Beach Project” 2.CEQA Findings of Fact with Statement of Overriding Considerations 3.PowerPoint Presentation 4.Final EIR No. 25-003 (includes Draft EIR, Appendices, Response to Comments, and Text Changes) 5.Airshow Event Agreement between the City of Huntington Beach and Pacific Airshow LLC City of Huntington Beach Printed on 8/28/2025Page 10 of 11 powered by Legistar™ 161 File #:25-623 MEETING DATE:9/2/2025 6.Settlement Agreement and General Release between the City of Huntington Beach and Pacific Airshow LLC City of Huntington Beach Printed on 8/28/2025Page 11 of 11 powered by Legistar™ 162 163 RESOLUTION NO. 2025-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CERTIFYING THE ENVIRONMENTAL IMPACT REPORT (SCH#2024020006) FOR THE PACIFIC AIRSHOW HUNTINGTON BEACH PROJECT WHEREAS , Environmental Impact Repo11 No. 25-003 , State Clearinghouse #2024020006 ("EIR") was prepared by the City of Huntington Beach ("City ") to address the environmental implications of the proposed Pacific Airshow Huntington Beach Project (the "Project"); and • On February 1, 2024 a Notice of Preparation for the Project was distributed to the State Clearinghouse, other responsible agencies, tr·ustee agencies and interested parties; and • After obtaining comments received in response to the Notice of Preparation, the City completed preparation of the Draft EIR and filed a Notice of Completion with the State Clearinghouse on February 20, 2025 ; and • The Draft EIR was circulated for public re view and comment from February 20 , 2025 to April 7, 2025 and was available for review at several locations including Community Development Department, Central Library, and the City 's website; and • On August 19 , 2025 the City Council held a public meeting on the EIR and ce11ified the EIR as adequate and complete; and WHEREAS, public comments have been received on the Draft EIR, and responses to those comments have been prepared and provided to the City Council ; and WHEREAS, Public Resources Code 21092.5(a) requires that the City of Huntington Beach provide a written response to any public agency that commented on the Environmental Impact Report, and the Response to Comments included in the Final Environmental Impact Rep011 satisfies this provision; and WHEREAS, the City Council held a public meeting on the EIR on August 19 , 2025 and received and considered public te stimony. NOW, THEREFORE, the City Council of the C ity of Huntington Beach does hereby resolve as follows: SECTION 1. Consistent with CEQA Guideline s Section 15132, the Final EIR for th e Project is comprised of the Draft EIR and Appendices , the comments received on the Draft EIR, the Responses to Comments (including a list of persons, organizations, and public agencies commenting on the Draft EIR), the Text Changes to the Draft EIR (bound together with the Responses to Comments) and all Community Development Depai1ment Staff Reports to the City Council, including all minutes, transcripts, attachments and references. All of the above 25-16814/384967 164 RESOLUTION NO. 2025 -54 information has been and will be on file _ with the City of Huntington Beach Depmiment of Community Development, 2000 Main Street, Huntington Beach, California 92648. SECTION 2. The City Council finds and certifies that the Final EIR is complete and adequate in that it has identified all sign ificant environmental effects of the Project and that there are no known potential environmental impacts not addressed in the Final E IR. SECTION 3. The City Council finds that although the Final EIR identifies certain s ignificant environmental effects that will result if the Project is approved, all significant effects which can feasibly be mitigated or avoided have been mitigated or avoided by the imposition of mitigation measures on the Project. All mitigation measures are included in the "Mitigation Monitoring Reporting Program" attached as Exhibit A to this Resolution and incorporated herein by this reference. SECTION 4. The City Council finds that the Final EIR has described reasonable alternatives to the Project that could feasibly obtain the basic objectives of the Project. Further, the City Council finds t hat a good fa ith effort was made to incorporate alternatives in the preparation of the Draft EIR and in the review process of the Final EIR and ultimate decisions on the Project. SECTION 5. The City Council finds that no "substantial evidence" (as that term is defined pursuant to CEQA Guidelines Section 15384) has been presented that would call into question the facts and conclusions in the EIR. SECTION 6. The City Council finds that no "significant new information" (as that term is defined purs uant to CEQA Guidelines Section 15088 .5) has been added to the Final EIR after c irculation of the Draft EIR. The City Council finds that the minor refinements that have been made to the Project as a result of clarifi cations in the mitigation measures and EIR text do not amount to significant new information concerning the Project, nor has any significant new information concerning the Project become known to the C ity Council through the public hearings held on the Project, or through the comments on the Draft EIR and Responses to Comments. SECTION 7. The City Council finds that the Mitigation Monitoring Rep01iing Program establishes a mechanism and procedures for implementing and verifying the mitigations pursuant to Public Resources Code 2108.6 and hereby adopts the Mitigation Monitoring Reporting Program . The mitigation m easures s h all be incorporated into the Project prior to or concunent with Project implementation as defined in each mitigation measure. SECTION 8. The City Council finds that the Final EIR reflects the independent review and judgment of the City of Huntington Beach City Council, that the Final EIR was presented to the City Council, and th at the City Council reviewed and consider ed the information contained in the Final EIR. SECTION 9. The C ity Cou ncil finds that the Final EIR se rves as adequate and appropriate environmental documentation for the Project. The City Council certifies that the Final EIR prepared for the Project is complete, and that it has been prepared in compliance with the requirements of the California Environmental Quality Act and CEQA Guidelines. 2 165 RESOLUTION NO. 2025-54 PASSED 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 REVIEWED AND APPROVE D: City Manager of Community Development Exhibit A: Mitigation Monitoring Reporting Program 3 The Pacific Airshow Huntington Beach Project 1 MMRP Final Environmental Impact Report August 2025 Mitigation Monitoring and Reporting Program CEQA Requirements Section 15091(d) and Section 15097 of the CEQA Guidelines require a public agency to adopt a program for monitoring or reporting on the changes it has required in the project or conditions of approval to substantially lessen significant environmental effects. This Mitigation, Monitoring and Reporting Program (MMRP) summarizes the mitigation commitments identified in the Pacific Airshow (Airshow or Project) EIR (State Clearinghouse No. 2024020006). Mitigation measures are presented in the same order as they occur in the Draft EIR. Further, to ensure enforceability of the biological monitoring efforts, a Project Description feature voluntarily is included in the MMRP that requires biological monitoring before and during the Airshow. Because there are no significant impacts associated with the temporary Airshow activities on biological species, biological monitoring is not required as a mitigation measure. The columns in the MMRP table provide the following information: • Mitigation Measure(s): The action(s) that will be taken to reduce the impact to a less-than- significant level. • Implementation, Monitoring, and Reporting Action: The appropriate steps to implement and document compliance with the mitigation measures. • Responsibility: The agency or private entity responsible for ensuring implementation of the mitigation measure. However, until the mitigation measures are completed, the City, as the CEQA Lead Agency, remains responsible for ensuring that implementation of the mitigation measures occur in accordance with the MMRP (CEQA Guidelines, Section 15097(a)). • Monitoring Schedule: The general schedule for conducting each task. Because the proposed project does not include a construction phase, the general schedule is summarized as either “prior to operation” and/or “during operation”. EXHIBIT A 166 Mitigation Monitoring and Reporting Program The Pacific Airshow Huntington Beach Project 2 MMRP Final Environmental Impact Report August 2025 MITIGATION MONITORING AND REPORTING PROGRAM FOR THE PACIFIC AIRSHOW HUNTINGTON BEACH PROJECT Mitigation Measures Implementation, Monitoring, and Reporting Action Responsibility Monitoring Schedule Hazards and Hazardous Materials HAZ-1: A qualified avian biologist will conduct one Wildlife Hazard Site Visit (WHSV) prior to the start of the annual Airshow (beginning in 2024) following the protocol developed by the FAA in the Protocol for the Conduct and Review of Wildlife Hazard Site Visits, Wildlife Hazard Assessments, and Wildlife Hazard Management Plans (Federal Aviation Administration, Advisory Circular 150/5200-38, August 2018 to evaluate potential risk of wildlife strikes at airports, specifically for the proposed temporary aircraft landing pad on the beach during all future Airshow events. The WHSV shall include field observations conducted over one day at dawn, noon, and dusk from a variety of pre- determined locations to ensure complete visual coverage of the location of the temporary runway and immediate surroundings. All signs of birds, mammals, habitat attractants, and wildlife/habitat relationship observations shall be recorded. A wildlife hazard site visit memorandum shall be prepared and include a list of wildlife species or signs observed during the surveys, federal and state status of the species observed, habitat features that may encourage wildlife, natural and artificial wildlife attractants, strike data analysis, and recommendations to reduce wildlife hazards. Recommendations may include developing a long-term management strategy that includes wildlife hazard management and/or reduction in flights under 500 feet above ground level. • Conduct one WHSV prior to the start of the annual Airshow prior to the start of the annual Airshow. • Conduct field observations over one day at dawn, noon, and dusk from a variety of pre-determined locations to ensure complete visual coverage of the location of the temporary runway and immediate surroundings prior to the start of the annual Airshow. • Record all signs of birds, mammals, habitat attractants, and wildlife/habitat relationship observations prior to the start of the annual Airshow. • Prepare a wildlife hazard site visit memorandum following the annual Airshow Applicant Prior to the start of the annual Airshow HAZ-2: A qualified biological monitor will be on-site during event performances for the duration of the event (3-5 days) to document bird activity during aircraft flyovers and take-off and landing within the Show Center Area. Biological monitoring will also inform recommendations to reduce wildlife hazards. Based on monitoring observations, recommendations may include the following standard best management practices such as properly disposing of trash to avoid attracting wildlife to the Show Center Area and/or employing means of harassment (e.g., lasers) to disperse birds. • Monitor and document bird activity during aircraft flyovers and take-off and landing within the Show Center Area during the annual Airshow. Applicant During the annual Airshow Noise NOI-1: The applicant shall implement the following measures for the duration of the event: • The nearest speaker shall be placed at least 475 feet away from any nearby sensitive receptor and any subsequent speakers shall be separated from other speakers by 25 feet parallel to Pacific Coast Highway. Speakers shall also be positioned in a manner that would not point directly towards any nearby sensitive receptor and, instead, face the beach/ocean. • A temporary noise barrier of at least 10 feet in height and constructed of plywood or using a sound blanket shall be installed on public property nearest to the sensitive receptors to the west of the proposed music festival area (Huntington Pacific Beach House Condo complex at 701 Pacific Coast Highway). The temporary noise barriers shall block the line-of-sight between • Placement of the nearest speaker shall be placed at least 475 feet away from any nearby sensitive receptor and any subsequent speakers shall be separated from other speakers by 25 feet parallel to Pacific Coast Highway. Speakers shall also be positioned in a manner that would not point directly towards any nearby sensitive receptor and, instead, face the beach/ocean. • Placement of a temporary noise barrier shall be installed on public property nearest to the sensitive receptors to the west of the proposed music festival area (Huntington Pacific Beach House Condo complex at 701 Pacific Coast Highway). Applicant During the annual Airshow 167 I I Mitigation Monitoring and Reporting Program The Pacific Airshow Huntington Beach Project 3 MMRP Final Environmental Impact Report August 2025 Mitigation Measures Implementation, Monitoring, and Reporting Action Responsibility Monitoring Schedule the music festival attendees and similarly elevated ground-level noise- sensitive receptors. Project Design Feature Project Design Feature 1: The following will occur to ensure that potential impacts to nesting birds remain less than significant: • Pre-airshow activities would occur at least one week beyond the end of the identified nesting season for the California least tern and the western snowy plover and well beyond the end of the identified nesting season for the light- footed Ridgway’s rail and general avian species. • Monitoring efforts will be conducted before and during the Airshow to survey for nests and provide measures to avoid potential impacts. • Daily briefings have and will continue to occur, although the outcome of those briefings cannot be guaranteed. • Pre-airshow activities would occur at least one week beyond the end of the identified nesting season for the California least tern and the western snowy plover and well beyond the end of the identified nesting season for the light-footed Ridgway’s rail and general avian species. • Monitoring efforts to be conducted prior and during the annual Airshow to survey for nests and provide measures to avoid potential impacts. • Daily briefings to occur prior to the start of the annual Airshow. Applicant Prior to the start of the annual Airshow and during the annual Airshow 168 I I The Pacific Airshow Huntington Beach Project 1 ESA / D202300046.01 Findings of Fact and Statement of Overriding Considerations August 2025 California Environmental Quality Act Findings of Fact and Statement of Overriding Considerations for the Pacific Airshow Huntington Beach Project Final Environmental Impact Report 1.0 Introduction Pursuant to the California Environmental Quality Act (CEQA; California Public Resources Code, Section 21081), the potential environmental effects of the proposed Pacific Airshow (Airshow or Project) have been analyzed in a Draft Environmental Impact Report (Draft EIR or EIR) (State Clearinghouse [SCH] No. 2024020006) prepared by the City of Huntington Beach (City) and published on February 20, 2025. In accordance with Section 15121 of the State CEQA Guidelines, the Draft EIR identifies the significant environmental effects associated with the Project and ways to minimize the significant environmental effects through mitigation measures or reasonable alternatives to the Project. A Final EIR has also been prepared by the City that consists of a list of persons, organizations, and public agencies commenting on the Draft EIR; comments received on the Draft EIR; responses to those comments; and corrections and additions made to the Draft EIR either in response to a comment or as initiated by City staff. 1.1 Statutory Requirements for Findings CEQA and the State CEQA Guidelines (Guidelines, California Code of Regulations, Title 14, Section 15091) states that no public agency shall approve or carry out a project for which an EIR has been certified that identifies one or more significant effects of the project on the environment unless the public agency makes one or more written findings for each significant effect, accompanied by a brief explanation of the rationale of each finding. The possible findings are: 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. 3. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR. The City of Huntington Beach as the lead agency pursuant to CEQA for the Project has made specific written findings regarding each significant impact 1 associated with the Project, which is discussed, along with a presentation of facts in support of the findings, in Section 4, Findings Required Under CEQA. Section 5, Evaluation of Alternatives, provides written findings and facts in support of the findings for each of the alternatives addressed in Chapter 4, Alternatives, of the 1 While not required by CEQA, the Findings (in Section 4.0) also address Findings of No Impact or Less Than Significant Impacts Prior to Mitigation. 169 1.0 Introduction The Pacific Airshow Huntington Beach Project 2 ESA / D202300046.01 Findings of Fact and Statement of Overriding Considerations August 2025 Draft EIR. Section 6, Findings Regarding the Final EIR, presents findings on disposition of the comments received on the Draft EIR. Chapter 3, Environmental Setting, Impacts, and Mitigation Measures, of the Draft EIR describes the potential environmental impacts of the Project and recommends mitigation measures to reduce impacts, where feasible. As discussed in the Draft EIR, implementation of the Project would result in significant impacts related to air quality, hazards and hazardous materials, and noise even with implementation of feasible mitigation measures. For these environmental issues, impacts are considered significant and unavoidable. In accordance with Section 15093(b) of the State CEQA Guidelines, the City has prepared a Statement of Overriding Considerations that states the specific benefits of the Project that outweigh the unavoidable, adverse environmental impacts. Concurrent with the adoption of the Findings and Statement of Overriding Considerations, the City will also adopt the Mitigation Monitoring and Reporting Program (MMRP). This document is organized as follows: Section 1.0, Introduction, provides a brief overview of the Findings and Statement of Overriding Considerations. Section 2.0, Procedural Compliance with CEQA, describes the EIR preparation process and the procedural steps that have been followed to comply with CEQA, including public meetings, public comment periods, noticing of the Draft and Final EIRs, and the location where these documents were available for review. Section 3.0, Description of the Project, provides the Project location, the Project Purpose and Objectives, and a summary description of the Project. A complete description of the Project and requested approvals can be found in Chapter 2, Project Description, of the Draft EIR. Section 4.0, Findings Regarding Environmental Impacts, provides the necessary findings to be made for Project-related impacts, including Findings of No Impact or Less Than Significant Impact in the Initial Study/ Notice of Preparation (Subsection 4.1), Findings of No Impact or Less Than Significant Impact in the Draft EIR (Subsection 4.2), Findings Regarding Impacts Determined to Be Mitigated to Less Than Significant Levels (Subsection 4.3), and Findings Regarding Impacts Determined to Be Significant and Unavoidable (Subsection 4.4). Section 5.0, Findings Regarding Cumulative Impacts, provides the necessary findings to be made for cumulative impacts related to the Project. Section 6.0, Findings Regarding Alternatives, provides the necessary findings to be made for the different Project alternatives, including a comparison with the Project and reasons for rejecting the alternatives. Section 7.0, Findings Regarding the Final EIR, provides a determination regarding the Final EIR. Section 8.0, Statement of Overriding Considerations, sets forth the City’s specific economic, legal, social, technological, and other considerations that support approval of the Project notwithstanding the significant unavoidable impacts that could occur. 170 2.0 Procedural Compliance with CEQA The Pacific Airshow Huntington Beach Project 3 ESA / D202300046.01 Findings of Fact and Statement of Overriding Considerations August 2025 2.0 Procedural Compliance with CEQA 2.1 Public Participation Process Notice of Preparation and Scoping On February 1, 2024, in accordance with Sections 15082 of the State CEQA Guidelines, the City published a Notice of Preparation (NOP) of the Draft EIR, and circulated it to the State Clearinghouse, resources agencies, and interested parties. The NOP requested comments on the scope of the Draft EIR. The comment period extended from February 1, 2024, through March 4, 2024, for a period of 33 days. The NOP provided a description of the Project location, existing site conditions and surrounding land uses, land use and zoning designations, Project background, Project characteristics, historic and continued airshow activities and events, new airshow activities anticipated for 2024 through 2034, the airshow performer schedule, airshow performers, airport origin, airshow flight paths, and airshow performance duration, the show center area layout and event viewing, access, ingress/egress, road closures, and parking, airshow set up and site breakdown, event security and evacuation, utilities, and review and approvals. On February 21, 2024, the City held an in-person public scoping meeting to obtain public comments and suggestions from interested parties on the scope of the Draft EIR. On February 22, 2024, the City held a virtual scoping meeting for public agencies. The in-person public scoping meeting was held at the Huntington Beach City Hall, Lower Level Rooms B-7 and B-8, 2000 Main Street, Huntington Beach, CA 92648. The virtual scoping meeting for agencies was held via Zoom. At the scoping meetings, a brief presentation and overview of the Project was provided. After the presentation, oral and written comments on the scope of the environmental issues to be addressed in the Draft EIR were accepted. Notice of Availability of the Draft EIR The Notice of Availability (NOA) of the Draft EIR was posted on the Project Site and with the County Clerk in Orange County on February 20, 2025. Copies of the Draft EIR were made available to the public at the following locations: • City of Huntington Beach, Planning Division, 2000 Main Street, Huntington Beach, CA 92648. • City of Huntington Beach Central Library, 7111 Talbert Avenue, Huntington Beach, CA 92648. • City of Huntington Beach Website: – https://www.huntingtonbeachca.gov/departments/community_development/major _projects.php – https://www.huntingtonbeachca.gov/departments/community_development /environmental_reports.php The Draft EIR was circulated for a 47-day public review from February 20, 2025, through April 7, 2025, as required by Section 21091 of the Public Resources Code. 171 3.0 Description of the Project The Pacific Airshow Huntington Beach Project 4 ESA / D202300046.01 Findings of Fact and Statement of Overriding Considerations August 2025 Public Review of the Draft EIR The City conducted required noticing and scoping for the Project in accordance with Sections 15083, 15086, and 15087 of the State CEQA Guidelines and Section 21083.9 of the California Public Resources Code, and conducted the public review for the Draft EIR in compliance with Section 15087 of the State CEQA Guidelines. The City received 16 comment letters on the Draft EIR from agencies, organizations, and individuals through written correspondence and emails. The City has reviewed all comments and has determined that no new significant environmental effects or a substantial increase in the severity of previously identified significant effects have been identified, and all issues raised in the comments have been adequately addressed in the Draft EIR and/or in the responses to those comments and additions or corrections made to the Draft EIR either in response to a comment or as initiated by City staff. 2.2 Final EIR Certification and Approval The Huntington Beach City Council has received, reviewed, and considered the information contained in the Final EIR, in addition to public testimony received on the Project during the scoping meeting, as well as the recommendations of City staff. The Huntington Beach City Council hereby makes findings pursuant to and in accordance with Section 21081 of the California Public Resources Code and State CEQA Guidelines Section 15091 and, in compliance with State CEQA Guidelines Section 15090, hereby certifies that: 1. The Final EIR has been completed in compliance with CEQA; 2. The Final EIR was presented to the Huntington Beach City Council as the decision-making body of the City and that the decision-making body reviewed and considered the information contained in the Final EIR prior to approving the Project; and 3. The Final EIR reflects the City's independent judgment and analysis. 2.3 Record of Proceedings and Custody of Documents Pursuant to Public Resources Code Section 21081.6 and California Code of Regulations, Title 14, Section 15091, The City of Huntington Beach is the custodian of documents and other material that constitute the record of proceedings upon which the City’s decision is based, and such documents and other material are located at the City of Huntington Beach Planning Division office 2000 Main Street, Huntington Beach, CA 92648. 3.0 Description of the Project This section provides the Project location, the Project Purpose and Objectives, and a summary description of the Project. A complete description of the Project and requested approvals can be found in Chapter 2, Project Description, of the Draft EIR. 172 3.0 Description of the Project The Pacific Airshow Huntington Beach Project 5 ESA / D202300046.01 Findings of Fact and Statement of Overriding Considerations August 2025 3.1 Project Location Regionally, the Airshow is located in the City of Huntington Beach, which is in coastal Orange County in Southern California. The Show Center Area is the location where primary on-the- ground events and activities of the Airshow take place. Locally, the approximate boundaries of the Show Center Area from northwest to southeast are 7th Street and Pacific Coast Highway (State Route 1 or SR-1) to Beach Boulevard (State Route 39 or SR-39) and Pacific Coast Highway to the Pacific Ocean, including a portion of the Huntington Beach Pier landward of the State Lands Commission mean high tide line. The Airshow Performance Area, the primary area for civilian and military aircraft flybys and aerial acrobatics, is located adjacent to the Show Center Area over the Pacific Ocean with an east-west length of approximately 3,000 feet from the shoreline and a north-south length of approximately 12,000 feet. A majority of the civilian and military aircraft flybys and aerial acrobatics occur within approximately 500 and 1,500 feet from the shoreline. The Show Center Area and Airshow Performance Area collectively comprise of the Project Site. The Show Center Area consists of the beach, the Huntington Beach Pier, parking lots, commercial/restaurant uses, bicycle and walking trails along Pacific Coast Highway. 3.2 Project Purpose and Objectives A statement of Project objectives and a description of the underlying purpose of the Project is required by CEQA Guidelines Section 15124. The Project objectives and underlying Project purpose are established to guide the lead agency in developing a reasonable range of alternatives to evaluate in the Draft EIR and aid the decision makers in preparing findings or a statement of overriding considerations, if necessary. The underlying purpose of the Project is to provide a spectacle-scale airshow in Huntington Beach that attracts attendees throughout the Southern California area and perhaps beyond. The Project objectives include: • Continue to provide a family-oriented, safe, educational, fun, and entertaining Airshow experience with an emphasis on outdoor lifestyle and popular culture elements. • Continue to provide a gathering place where locals and visitors can come together to enjoy civilian and military aircraft flybys and aerial acrobatics, illustrations, displays, food, and music. • Provide an event that promotes careers and opportunities in the Defense Forces and in aviation. • Provide an event that promotes coastal access. • Continue to promote awareness and use of the Huntington Beach Pier and beaches. • Continue to promote awareness of the Huntington Beach hotels, restaurants, stores, and businesses across the City. • Continue to promote Huntington Beach and Southern California as a welcoming global tourism destination. • Create a net positive direct economic impact on the City and surrounding communities as a result of spending by incremental visiting attendees, the event organizer, and event sponsors. • Increase in tax revenues (i.e., sales tax, transit occupancy tax, and property tax) to the City. 173 4.0 Findings Regarding Environmental Impacts The Pacific Airshow Huntington Beach Project 6 ESA / D202300046.01 Findings of Fact and Statement of Overriding Considerations August 2025 • Continue to provide temporary and full-time jobs associated with the Airshow. • Provide an event that reduces potential impacts to the surrounding sensitive habitat including the Bolsa Chica Ecological Reserve, the Huntington Beach Wetlands, the Magnolia Marsh, and special-status wildlife species such as the federally endangered California least tern and western snowy plover. 3.3 Project Description As permitted by the City’s Specific Event Permit Process, the Airshow has been held annually in the City (Friday through Sunday), during the fall season. Future Airshows are anticipated to be held annually for three (3) days to up to five (5) days, generally Friday through Sunday or up to Wednesday through Sunday, with aircraft flight familiarization and flight practice flyovers beginning as early as Monday of the week of the Airshow. The Airshow does not propose construction of new permanent development; instead, the Project consists of temporary event structures, all of which would be removed immediately following the conclusion of the Airshow. The Project would provide a spectacle-scale airshow in Huntington Beach that attracts attendees throughout the Southern California area (and perhaps beyond) and features civilian and military aircraft flybys and aerial acrobatics, air racing, helicopter and aircraft landing/runway displays comprised of temporary acrylonitrile butadiene styrene (ABS) foundation (stadium flooring) or wood or aluminum flooring, electric vehicle (EV) and drone displays with hangars and aerial competitions and drone shows, displays of other emerging aviation/mobility technology, and visitor-serving entertainment, services, and amenities (e.g., variety of viewing areas, vehicle and aircraft demonstrations and displays, illustrations, flight simulations, merchandise tents, concessions, food trucks, live music entertainment, wave pool surf competitions, skateboard and bicycle motocross (BMX) bowl competitions, sandcastle building competitions, art installations, and pyrotechnic shows). The Project would include an event program for the continuation of the Airshow for up to ten (10) additional years beginning from year 2024 through 2034 as permitted by the City’s Specific Event Permit Process. 4.0 Findings Regarding Environmental Impacts 4.1 Findings of No Impact or Less Than Significant Impact in the Initial Study/ Notice of Preparation The City of Huntington Beach circulated an Initial Study/Notice of Preparation in February 2024 to determine the potentially significant effects of the Project. In the course of this evaluation, it was determined the Project would result in no impact or less than significant impacts (without mitigation) related to several environmental issue areas. In many cases, the determinations of no impact or less than significant impacts were based on the fact the Airshow proposes no new permanent development. Instead, the Project consists of temporary event structures, all of which would be removed immediately following the conclusion of the Airshow. Following each future Airshow, the Project Site would be restored to pre-Project conditions. The Initial Study for the Project is included as Appendix B of the Draft EIR and discusses why the Project would have no impact or less than significant impacts related to the specific 174 4.0 Findings Regarding Environmental Impacts The Pacific Airshow Huntington Beach Project 7 ESA / D202300046.01 Findings of Fact and Statement of Overriding Considerations August 2025 environmental issue areas that were not discussed in detail in the Draft EIR. The issue areas determined to have no impact or a less than significant impact in the Initial Study analysis are summarized below and require no specific Findings of Fact. Aesthetics Have a substantial adverse effect on a scenic vista (less than significant impact). Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway (less than significant impact). In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings (public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality (no impact). Create a new source of substantial light or glare which would adversely affect daytime or nighttime views in the area (less than significant impact). Agriculture and Forestry Resources Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use (no impact). Conflict with existing zoning for agricultural use, or a Williamson Act contract (no impact). Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g)) (no impact). Result in the loss of forest land or conversion of forest land to non-forest use (no impact). Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non- forest use (no impact). Air Quality Conflict with or obstruct implementation of the applicable air quality plan (less than significant impact). Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (less than significant impact [construction]; potentially significant impact [operations]). Expose sensitive receptors to substantial pollutant concentrations (less than significant impact). 175 4.0 Findings Regarding Environmental Impacts The Pacific Airshow Huntington Beach Project 8 ESA / D202300046.01 Findings of Fact and Statement of Overriding Considerations August 2025 Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people (less than significant impact). Biological Resources Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service (no impact). Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means (no impact). Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance (no impact). Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan (no impact). Cultural Resources Cause a substantial adverse change in the significance of a historical resource pursuant to Section 15064.5 (no impact). Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5 (no impact). Disturb any human remains, including those interred outside of dedicated cemeteries (no impact). Energy Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation (less than significant impact). Conflict with or obstruct a state or local plan for renewable energy or energy efficiency (less than significant impact). Geology and Soils Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault (less than significant impact). ii) Strong seismic ground shaking (less than significant impact). 176 4.0 Findings Regarding Environmental Impacts The Pacific Airshow Huntington Beach Project 9 ESA / D202300046.01 Findings of Fact and Statement of Overriding Considerations August 2025 iii) Seismic-related ground failure, including liquefaction (less than significant impact). iv) Landslides (no impact). Result in substantial soil erosion or the loss of topsoil (no impact). Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse (no impact). Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property (no impact). Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water (no impact). Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature (no impact). Greenhouse Gas Emissions Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment (less than significant impact). Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases (less than significant impact). Hazards and Hazardous Materials Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials (less than significant impact). Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment (less than significant impact). Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school (no impact). Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, create a significant hazard to the public or the environment (no impact). Expose people or structures, either directly or indirectly, to a significant risk of loss, injury, or death involving wildland fires (no impact). 177 4.0 Findings Regarding Environmental Impacts The Pacific Airshow Huntington Beach Project 10 ESA / D202300046.01 Findings of Fact and Statement of Overriding Considerations August 2025 Hydrology and Water Quality Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality (no impact). Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin (no impact). Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would: i) Result in substantial erosion or siltation on- or off-site (no impact). ii) Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or offsite (no impact). iii) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff (no impact). iv) Impede or redirect flood flows (less than significant impact). In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation (less than significant impact). Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan (less than significant impact). Land Use and Planning Physically divide an established community (no impact). Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect (no impact). Mineral Resources Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state (no impact). Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan (no impact). Noise For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, expose people residing or working in the project area to excessive noise levels (no impact). 178 4.0 Findings Regarding Environmental Impacts The Pacific Airshow Huntington Beach Project 11 ESA / D202300046.01 Findings of Fact and Statement of Overriding Considerations August 2025 Population and Housing Induce substantial unplanned population growth in an area either directly or indirectly (no impact). Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere (no impact). Public Services Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the following public services: i) Fire protection (less than significant impact). ii) Police protection (less than significant impact). iii) Schools (no impact). iv) Parks (no impact). v) Other public facilities (no impact). Recreation Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated (less than significant impact). Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment (less than significant impact). Transportation Conflict with a program plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities (no impact). Substantially increase hazards due to a geometric design feature or incompatible uses (no impact). Utilities and Service Systems Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects (less than significant impact). 179 4.0 Findings Regarding Environmental Impacts The Pacific Airshow Huntington Beach Project 12 ESA / D202300046.01 Findings of Fact and Statement of Overriding Considerations August 2025 Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry, and multiple dry years (less than significant impact). Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments (less than significant impact). Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals (less than significant impact). Comply with federal, state, and local management and reduction statutes and regulations related to solid waste (less than significant impact). Wildfire Substantially impair an adopted emergency response plan or emergency evacuation plan (no impact). Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire (no impact). Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment (no impact). Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes (no impact). 4.2 Findings of No Impact or Less Than Significant Impact in the Draft EIR The City of Huntington Beach, having reviewed and considered the information contained in the Final EIR, the Technical Appendices, and the administrative record, finds that the Project would have no impact or a less than significant impact for the following issue areas, which require no specific Findings of Fact: Biological Resources, Transportation, Tribal Cultural Resources. Biological Resources Impact 3.2-1: The project would not have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special-status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service (less than significant impact). Refer to Draft EIR pages 3.2-39 through 3.2-41. 180 4.0 Findings Regarding Environmental Impacts The Pacific Airshow Huntington Beach Project 13 ESA / D202300046.01 Findings of Fact and Statement of Overriding Considerations August 2025 Impact 3.2-2: The project would not interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites (less than significant impact). Refer to Draft EIR pages 3.2-42 through 3.2-45. Transportation Impact 3.5 1: The project would have a less than significant impact as it relates to VMT (less than significant impact). Refer to Draft EIR pages 3.5-12 through 3.5-13. Impact 3.5-2: The project would not result in inadequate emergency access (less than significant impact). Refer to Draft EIR page 3.5-13. Tribal Cultural Resources Impact 3.6-1 1: The project would not result in a significant tribal cultural resources impact because it would not cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code Section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: i. Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code Section 5020.1(k); or ii. A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe (no impact). Refer to Draft EIR pages 3.6-6 through 3.6-7. 4.3 Findings Regarding Impacts Determined to Be Mitigated to Less Than Significant Levels The City of Huntington Beach, having reviewed and considered the information contained in the Final EIR, the Technical Appendices, and the administrative record, finds, pursuant to California Public Resources Code 21081 (a)(1) and CEQA Guidelines 15091 (a)(1) that changes or alterations have been required in, or incorporated into, the Project, which would avoid or substantially lessen to below a level of significance the following potentially significant environmental effects identified in the Final EIR in the following category: Hazards and Hazardous Materials The potentially significant adverse environmental impact that can be mitigated is summarized below. The City of Huntington Beach finds that this potentially significant adverse impact can be mitigated to a level that is considered less than significant after implementation of mitigation measures identified in the Final EIR. 181 4.0 Findings Regarding Environmental Impacts The Pacific Airshow Huntington Beach Project 14 ESA / D202300046.01 Findings of Fact and Statement of Overriding Considerations August 2025 Hazards and Hazardous Materials Impact 3.3-1: For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, the project would not result in a safety hazard or excessive noise for people residing or working in the project area (less than significant impact with mitigation). Refer to Draft EIR pages 3.3-11 through 3.3-12. Most bird strike incidents occur during March through April and August through November when seasonal migration typically occurs. While birds are more likely to be struck during the day due to increased civilian aircraft flights during the day, seasonal migration is generally nocturnal. Airshow flights have historically occurred mid-day (between 10:00 AM and 5:00 PM.) which is when the majority of flights would occur. Therefore, because a majority of flights related to the Airshow are not planned to occur at night, the potential for impacts to aircraft from collisions with migratory birds are expected to be less than significant. Although the Show Center Area is located over 2 miles from an airport and, therefore, occurs outside of an existing airport land use plan area, the Project is proposing the creation of a temporary aircraft landing pad within the Show Center Area in 2024. The aircraft movements associated with the temporary landing pad present a potential hazard to Project flight safety, and significantly increases the safety risk caused by bird strikes as compared to past years when the Airshow was only conducting fly-bys over 500 feet above ground level. As noted in the Draft EIR analysis of Impact 3.3-1, 74 percent of bird strikes occur at less than or equal to 500 feet above ground level, 19 percent from 501 to 3,500 feet above ground level, and 7 percent above 3,500 feet above ground level. This study also found that passerines, gulls/terns (Laridae), doves (Columbidae), and raptors (including vultures) were the species groups most frequently struck. During the Airshow, most aircraft are expected to fly over 500 feet above ground level; however, select aircraft are planned to land on a temporary landing pad located within the Show Center Area requiring them to fly below 500 feet in altitude, which increases the potential for a bird strike. As identified in Draft EIR Table 3.3-1, common wildlife species that are high risk to flight safety, including mourning dove, killdeer, barn swallow, European starling, rock dove, and red- tailed hawk, were observed within the Wildlife Hazard Analysis (WHA) Study Area.2 More specifically, various gull species were observed within the Show Center Area during 2023 biological monitoring prior to increased human activity resulting from the event. Since a temporary aircraft landing pad has never been installed along Huntington Beach, no wildlife strike data resulting from aircraft take-off and landing is available. Therefore, there is the potential for bird strike impacts to common species resulting in increased flight risk during take- off and landing. However, it is expected that a small number of aircraft would take-off and land on the temporary aircraft landing pad and 2023 biological monitoring demonstrated that increased human activity within the Show Center Area decreased the presence of wildlife on the beach. Additionally, Airshow flights have historically occurred midday (between 10 a.m. and 4:30 p.m.) when bird flight activity is lower than it would be at dawn or dusk. While impacts to aircraft may occur as a result of aircraft landing on the beach, with implementation of Mitigation Measures 2 The Show Center Area and Airshow Performance Area are directly adjacent and collectively occur within the Wildlife Hazard Analysis (WHA) Study Area. 182 4.0 Findings Regarding Environmental Impacts The Pacific Airshow Huntington Beach Project 15 ESA / D202300046.01 Findings of Fact and Statement of Overriding Considerations August 2025 HAZ-1 and HAZ-2, impacts related to flight safety are anticipated to be less than significant as the proposed mitigation measures provide specific measures to reduce wildlife hazards. Mitigation Measure HAZ-1: A qualified avian biologist will conduct one Wildlife Hazard Site Visit (WHSV) prior to the start of the annual Airshow (beginning in 2024) following the protocol developed by the FAA in the Protocol for the Conduct and Review of Wildlife Hazard Site Visits, Wildlife Hazard Assessments, and Wildlife Hazard Management Plans (Federal Aviation Administration, Advisory Circular 150/5200-38, August 2018 to evaluate potential risk of wildlife strikes at airports, specifically for the proposed temporary aircraft landing pad on the beach during all future Airshow events. The WHSV shall include field observations conducted over one day at dawn, noon, and dusk from a variety of pre-determined locations to ensure complete visual coverage of the location of the temporary runway and immediate surroundings. All signs of birds, mammals, habitat attractants, and wildlife/habitat relationship observations shall be recorded. A wildlife hazard site visit memorandum shall be prepared and include a list of wildlife species or signs observed during the surveys, federal and state status of the species observed, habitat features that may encourage wildlife, natural and artificial wildlife attractants, strike data analysis, and recommendations to reduce wildlife hazards. Recommendations may include developing a long-term management strategy that includes wildlife hazard management and/or reduction in flights under 500 feet above ground level. Mitigation Measure HAZ-2: A qualified biological monitor will be on-site during event performances for the duration of the event (3-5 days) to document bird activity during aircraft flyovers and take-off and landing within the Show Center Area. Biological monitoring will also inform the recommendations to reduce wildlife hazards. Based on monitoring observations, recommendations may include following standard best management practices such as properly disposing of trash to avoid attracting wildlife to the Show Center Area and/or employing means of harassment (e.g., lasers) to disperse birds. Finding: The City finds that changes or alterations have been required in, or incorporated into, the Project that substantially lessens significant impacts related to flight safety as identified in the Final EIR. With the implementation of Mitigation Measures HAZ-1 and HAZ-2, impacts related to flight safety are anticipated to be less than significant. 4.4 Findings Regarding Impacts Determined to Be Significant and Unavoidable The City of Huntington Beach, having reviewed and considered the information contained in the Final EIR, Technical Appendices, and the administrative record, finds that the Project would result in significant and unavoidable impacts even with implementation of all feasible mitigation measures for the following categories: Air Quality, Hazards and Hazardous Materials, and Noise. 183 4.0 Findings Regarding Environmental Impacts The Pacific Airshow Huntington Beach Project 16 ESA / D202300046.01 Findings of Fact and Statement of Overriding Considerations August 2025 Air Quality Impact 3.1-1: The project would result in significant impact if it would result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (significant and unavoidable). Refer to Draft EIR pages 3.1-21 through 3.1-23. For informational purposes, the air quality emissions from existing Airshow vehicle miles traveled (VMT) forecasted for year 2024 and future year 2034 were estimated in the Draft EIR. Regional criteria pollutant emission calculations for volatile organic compounds (VOCs), nitrogen oxides (NOX), carbon monoxide (CO), sulfur oxides (SOX), and fine particulate matter (PM10 and PM2.5, respectively) for the existing Airshow VMT mobile sources are presented in Table 3.1-6 (below and on page 3.1-22 of the Draft EIR). TABLE 3.1-6 ESTIMATED FORECASTED REGIONAL MOBILE SOURCE EMISSIONS FOR CONTINUATION OF EXISTING AIRSHOW (POUNDS PER DAY) Source VOC NOX CO SO2 PM10 PM2.5 Forecasted Regional Mobile Source Emissions for Continuation of Existing Airshow – Year 2024 530 766 4,938 14 1,193 305 Forecasted Regional Mobile Source Emissions for Continuation of Existing Airshow – Year 2034 359 486 3,241 11 1,191 303 NOTE: Totals may not add up exactly due to rounding in the modeling calculations. Detailed emissions calculations are provided in Appendix C of the Draft EIR. SOURCE: Data compiled by ESA, 2024. Operational criteria pollutant emissions were calculated for future Project Airshow mobile sources associated with additional daily VMT from the expanded night concerts as compared to prior Airshows. The change in operational emissions is based on the additional daily VMT resulting from the expanded night concerts that would occur during the Project’s future Airshows compared to prior Airshows without night concerts. The additional daily VMT as compared to prior Airshows are provided in Section 3.5, Transportation, of the Draft EIR, for the expanded night concerts. Additional details are provided in the Air Quality Calculations in Appendix C of the Draft EIR. The results of the regional criteria pollutant emission calculations for VOC, NOX, CO, SOX, PM10, and PM2.5 for the Project’s mobile sources are presented in Table 3.1 7 (below and on page 3.1-22 of the Draft EIR). As shown in Table 3.1-7, the Project’s operational-related mobile source daily emissions would exceed the South Coast Air Quality Management District (SCAQMD) thresholds of significance for VOC, NOX, and CO. It is also noted that, as shown in Table 3.1-6 above, the operational-related mobile source daily emissions for the airshow (without the proposed expanded night concerts) already exceed the SCAQMD thresholds of significance for VOC, NOX, CO, PM10, and PM2.5. Therefore, the Project’s net regional operational mobile emissions impacts would be potentially significant. 184 4.0 Findings Regarding Environmental Impacts The Pacific Airshow Huntington Beach Project 17 ESA / D202300046.01 Findings of Fact and Statement of Overriding Considerations August 2025 It is noted that the mobile source emissions from the additional VMT from the Project’s night concerts would decline in future years as vehicle technology improves and older vehicles are replaced with newer vehicles that emit fewer pollutants. TABLE 3.1-7 ESTIMATED MAXIMUM UNMITIGATED REGIONAL MOBILE SOURCE EMISSIONS FOR EXPANDED NIGHT CONCERTS (POUNDS PER DAY) Source VOC NOX CO SO2 PM10 PM2.5 Night Concerts Mobile Source Emissions – Year 2024 59 85 550 2 133 34 Night Concerts Mobile Source Emissions – Year 2034 40 54 361 1 133 34 SCAQMD Significance Threshold 55 55 550 150 150 55 Exceeds Thresholds? Yes Yes Yes No No No NOTE: Totals may not add up exactly due to rounding in the modeling calculations. Detailed emissions calculations are provided in Appendix C of the Draft EIR. SOURCE: Data compiled by ESA, 2024. Finding: There are no feasible mitigation measures that would reduce operational VOC, NOX, and CO emissions for vehicular sources to below the significance thresholds. Vehicles would be utilized by Project attendees and employees to future Project Airshow events and the Project has no ability to regulate the personal choices made by future Project attendees and employees who may purchase and use any vehicles legally sold to travel to and from the site. In addition, as stated in Draft EIR Section 3.5, Transportation, there are no additional feasible mitigation measures to further reduce Project VMT. Thus, there are no additional feasible mitigation measures that would reduce operational VOC, NOX, and CO emissions and impacts related to regional VOC, NOX, and CO operational emissions would remain significant and unavoidable. Hazards and Hazardous Materials Impact 3.3-2: The project could impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. (significant and unavoidable impact related to emergency access). Refer to Draft EIR pages 3.3-12 through 3.3-16. The Project is not located in or near state responsibility areas of lands classified as very high fire hazard severity zone and, therefore, would result in no impact to evacuation related to potential wildfire impacts. The Project does not propose any change that would impair implementation of or physically interfere with the adopted Local Hazard Mitigation Plan (LHMP), published resources related to emergency preparedness (such as maps of Tsunami Evacuation Routes), or the Airshow Public Safety Plan. Therefore, the Project should be considered to result in less than significant impacts to evacuation related to hazards and hazardous materials. However, due to the volume of people anticipated to gather on and near the beach during the Airshow, in the event of an emergency, ambient evacuation times would be increased and could affect emergency access. The circumstances resulting in the need to evacuate either the event area 185 4.0 Findings Regarding Environmental Impacts The Pacific Airshow Huntington Beach Project 18 ESA / D202300046.01 Findings of Fact and Statement of Overriding Considerations August 2025 or the City will differ based upon the nature and magnitude of the emergency (fire, earthquake, tsunami), the location of the emergency (local or regional), and the timing relative to the event (are people coming in or leaving). For example, if there was a sizeable earthquake in the region, then the authorities may prefer that Airshow attendees stay in place until the safety of the roadway infrastructure can be assessed. If there was a tsunami warning, with several hours of notice, then an evacuation process would be somewhat broad and deliberate. In the case of a man- made event (someone causing a threat), the evacuation conditions are more immediate and localized. The population group that attends the event is difficult to identify, as there is limited formal ticketing (only the reserved grandstands and beach). While many people gather near the beach, attendees also view from rooftops/balconies, restaurants, and other venues throughout the City. The ambiguity around the event population (size and location), combined with the range of potential evacuation events, results in unquantifiable evacuation times. As a large number of people walk or bicycle to the Airshow, the speed of these cyclists and pedestrians ability to evacuate may contribute to increased evacuation times depending on the emergency event. Those who are already in the City for reasons unrelated to the Airshow (residents and employees in particular) would likely experience some increase in evacuation times due to the added population from the Project, as the roadway infrastructure is fixed. Finding: The increased population as a result of the Project, combined with all other population unrelated to the Project, including residents, employees, students, and visitors, would likely be all concurrently subject to evacuation orders in case of an emergency event. Given the wide range of possible emergency conditions, difficulty in quantifying the number and location of population added by the Project, the probable increase in evacuation times, and the lack of significance threshold to measure such effects, the Project should be considered to result in significant and unavoidable impacts to emergency access but can be reduced with the incorporation of measures at the discretion of the Community and Library Services Director, or their designees, as described below. As a compliment to the LHMP, a more detailed evacuation plan could be developed for the major events in the City (US Open of Surfing, AVP Volleyball Tournament, Airshow). The plan should at minimum further define how the range of emergency scenarios in the LHMP would relate to these major events, identify the evacuation needs and capacities, and evaluate strategies to reduce evacuation risks by including the following considerations: • Apply the LHMP emergency scenarios during the time of a major short-term event, such as the Airshow, for planning purposes. The plans for evacuation should be based upon the location and dynamics of the emergency scenarios. A detailed evacuation plan should consider scenarios applicable to the Project area and define parameters such as time and area of evacuation, evacuation routes, hazard event, evacuation population, evacuation destination, and relationship to existing plans (such as the LHMP). • Assess the target population during an evacuation event to include community members and participants of special events or gatherings. The evacuation demand assessment should consider factors such as the time of day, automobile availability, route options, hazard 186 4.0 Findings Regarding Environmental Impacts The Pacific Airshow Huntington Beach Project 19 ESA / D202300046.01 Findings of Fact and Statement of Overriding Considerations August 2025 behavior, and the locations of evacuation shelters or hotels. Key actions of the assessment should include establishing evacuation areas, identifying populations with mobility challenges, estimating the number of evacuation vehicle trips, and preparing an evacuation trip origin-destination matrix by time periods throughout an evacuation event. • Evaluate the capacity of roadways to accommodate evacuation of events at Huntington Beach and nearby communities with shared emergency access. Roadways within the City identified by the LHMP as potential evacuation routes are discussed in the City’s Circulation Element of the General Plan, including their classification and traffic-carrying capacities under normal conditions. The evaluation should also consider the safety and viability of identified evacuation routes during emergency events. • Identify strategies to reduce evacuation times. Strategies to meaningfully reduce estimated evacuation times may address the supply of transportation capacity (such as temporary one- way streets or specialized signal timing), improve the effectiveness of communication to the public before and during an emergency event, and special provisions for vulnerable populations. Noise Impact 3.4-1: The project would result in a significant impact if it would generate a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies. (significant and unavoidable impact with mitigation). Refer to Draft EIR pages 3.4-21 through 3.4-25. Noise levels from aircraft flyovers for the duration of the Airshow would generate a substantial temporary increase in ambient noise levels and thus result in a significant impact. However, the City’s Municipal Code includes provisions for approval of a Noise Deviation Permit. While the approval of a Noise Deviation Permit would not eliminate the significant impact related to aircraft noise, it would allow the deviation to occur, thereby removing the conflict that would otherwise exist between the Noise Ordinance thresholds and requirements and the noise generated by the Project. Municipal Code Section 8.40.130 states that the applicant must provide information in the Noise Deviation Permit application regarding actions taken to comply with the Noise Ordinance, reasons why compliance cannot be achieved, and a proposed method of achieving compliance if such method exists. The applicant must also demonstrate the need to deviate from the noise level and whether the deviation produces a greater benefit to the community that outweighs the temporary increase in noise level. Due to the nature of the Project, compliance with the Noise Ordinance thresholds is not possible while maintaining the activities the Airshow has included since 2016. The Project provides Huntington Beach residents and visitors with an opportunity to enjoy a family event that is geared towards all ages. Activities, food, and area retail establishment products are available at the Airshow, enhanced by live entertainment. Traffic and crowd noise are natural consequences of this type of event and there is no way to achieve strict Noise Ordinance compliance while maintaining the established activities. The benefits to the community and visitors are evident from the success of the annual Airshow, which provides an opportunity for local merchants to 187 4.0 Findings Regarding Environmental Impacts The Pacific Airshow Huntington Beach Project 20 ESA / D202300046.01 Findings of Fact and Statement of Overriding Considerations August 2025 offer their services and wares to a larger audience. Therefore, the deviation produces a greater benefit to the community that outweighs the temporary exceedance from the once-a-year Airshow. Additionally, new Airshow activities discussed in Draft EIR Chapter 2, Project Description, such as air racing, nighttime flyovers, and helicopter landing within Main Hospitality Area, may result in similar noise levels as was measured during the 2023 Airshow. However, while noise impacts would remain significant, the Noise Deviation Permit would allow the exceedance to occur. In addition, the Draft EIR determined that the maximum increase in Project-related traffic noise levels over existing traffic noise levels would be less than 1 dBA 3 Community Noise Equivalent Level (CNEL)4 along all roadway segments. This increase in noise level would be well below the “clearly noticeable” threshold increase of 5 dBA CNEL in an area characterized by normally acceptable noise levels that would remain below 55 dBA CNEL or “conditionally acceptable” threshold of noise levels that would remain below 70 dBA CNEL. Therefore, Project-related noise increases would be less than the applicable threshold and would be less than significant. During the Airshow events, the competitions and art installations would be located within the Project Site and generally located away from noise-sensitive uses east of Pacific Coast Highway. The temporary event structures would be similar in scale and location to previous Airshows since 2016 (except in 2020, when there was no Airshow) and generally located away from noise- sensitive uses east of Pacific Coast Highway. The temporary Airshow pyrotechnic display would occur over water, similar to the City’s existing annual Fourth of July Fireworks Over the Ocean and would not result in permanent effects on the environment. The competitions, art installations, event structures, and pyrotechnic display would not generate a substantial increase in ambient noise in excess of established standards and existing conditions. Therefore, no further analysis of these issues was included in the Draft EIR. However, the multi-day music festival would be located generally within the northernmost portion of the Show Center Area within Concert Area A or alternatively the southernmost portion of the Show Center Area within Concert Area E. The multi-day music festival would occur following the conclusion of the Airshow up to 11:00 p.m. over 3 days over the weekend directed towards the ocean. In addition, the music festival would require sound checks during the day/evening prior to the music festival. The music festival would include the use of amplified speakers, which would be directed toward the ocean and away from noise sensitive uses located on Pacific Coast Highway. Nonetheless, the multi-day music festival with the use of amplified speakers may result in a temporary net increase in noise as compared to past Airshows. As such, the Draft EIR determined that the Project’s music festival would result in the generation of a substantial temporary increase in ambient noise levels in the vicinity of the Project to be in excess 3 The typical human ear is not equally sensitive to all frequencies of the audible sound spectrum. As a consequence, when assessing potential noise impacts on humans, sound is measured using an electronic filter that de-emphasizes the frequencies in a manner corresponding to the human ear’s decreased sensitivity to extremely low and extremely high frequencies. This method of frequency weighting is referred to as A-weighting and is expressed in units of A- weighted decibels (dBA). A-weighting follows an international standard methodology of frequency weighting and is typically applied to community noise measurements. 4 CNEL is the average A-weighted noise level during a 24-hour day that includes an addition of 5 dB to measured noise levels between the hours of 7:00 p.m. to 10:00 p.m. and an addition of 10 dB to noise levels between the hours of 10:00 p.m. to 7:00 a.m. to account for noise sensitivity in the evening and nighttime, respectively. 188 4.0 Findings Regarding Environmental Impacts The Pacific Airshow Huntington Beach Project 21 ESA / D202300046.01 Findings of Fact and Statement of Overriding Considerations August 2025 of standards established by the City and impacts from the music festival would be potentially significant. Mitigation Measure NOI-1: The applicant shall implement the following measures for the duration of the event: • The nearest speaker shall be placed at least 475 feet away from any nearby sensitive receptor and any subsequent speakers shall be separated from other speakers by 25 feet parallel to Pacific Coast Highway. Speakers shall also be positioned in a manner that would not point directly towards any nearby sensitive receptor and, instead, face the beach/ocean. • A temporary noise barrier of at least 10 feet in height and constructed of plywood or using a sound blanket shall be installed on public property nearest to the sensitive receptors to the west of the proposed music festival area (Huntington Pacific Beach House Condo complex at 701 Pacific Coast Highway). The temporary noise barriers shall block the line-of-sight between the music festival attendees and similarly elevated ground-level noise-sensitive receptors. Finding: Mitigation Measure NOI-1 would be required to reduce noise levels. However, noise levels would still exceed the significance thresholds even with implementation of this mitigation. Since it would not be feasible to locate speakers further away from the sensitive receptors (towards the ocean) because this would impede beyond the mean high tide line, and the City does not have any jurisdiction beyond the mean high tide line, this impact is determined to be significant and unavoidable. While the Project would submit a Noise Deviation Permit application pursuant to Municipal Code requirements, which would allow the exceedance to occur, the proposed music festival would be a new source of noise in excess of standards. Furthermore, as the proposed music festival would be a new addition to the Airshow and prior Noise Deviation Permit applications have not included a music festival, this impact is determined to be significant and unavoidable. No additional feasible mitigation measures are available. Impact 3.4-2: The project will result in a significant impact if it generates excessive groundborne vibration or groundborne noise levels. (significant and unavoidable impact with mitigation). Refer to Draft EIR page 3.4-25 through 3.4-28. Operation of the music festival would include typical commercial-grade mechanical and electrical equipment, such as amplified sound systems, which would produce groundborne vibration. Data regarding specific groundborne vibration levels from speakers that would be used at the proposed music festival is not available. For the purposes of this analysis, assuming a relatively-high groundborne vibration level equivalent to a sonic pile driver operating under typical conditions of 93 vibration velocity level (VdB) at 25 feet, at a distance of 95 feet, the vibration level would be approximately 81.4 VdB, which would exceed the significance threshold of 72 VdB at vibration- sensitive land uses. In the absence of specific data, the analytical assumption of using a groundborne vibration level equivalent to a sonic pile driver is anticipated to provide a reasonably conservative approach as sonic pile drivers represent equipment with the highest non-impact vibration level according to the Federal Transit Administration (FTA) Transit Noise and Vibration Impact Assessment Manual. Therefore, it is determined that groundborne vibration and groundborne noise impacts from the music festival would be potentially significant. 189 5.0 Findings Regarding Cumulative Impacts The Pacific Airshow Huntington Beach Project 22 ESA / D202300046.01 Findings of Fact and Statement of Overriding Considerations August 2025 Ground consisting of beach sand would have a dampening effect on groundborne vibration. Thus, increasing the separation distance between the speakers and vibration-sensitive land uses would reduce the vibration levels. Findings: Mitigation Measure NOI-1, which maximizes the separation distance between the speakers and vibration-sensitive land uses, would be required to reduce the groundborne vibration and groundborne noise levels. At a distance of 475 feet, as specified in Mitigation Measure NOI- 1, the vibration level would be reduced to approximately 67.4 VdB, given the above assumptions, which suggests impacts could be reduced to less than significant. Nonetheless, since data regarding specific groundborne vibration levels from speakers that would be used at the proposed music festival is not available, and since it would not be feasible to locate speakers further away from the sensitive receptors (towards the ocean) because this would impede beyond the mean high tide line and the City does not have any jurisdiction beyond the mean high tide line, this impact is conservatively determined to be significant and unavoidable. No additional feasible mitigation measures are available. 5.0 Findings Regarding Cumulative Impacts As discussed in Draft EIR Subsection 3.7, Cumulative Analysis, CEQA requires that an EIR assess the cumulative impacts of a project with respect to past, present, and reasonably foreseeable future projects. CEQA Guidelines Section 15355, Cumulative Impacts, specifically provides the following definition of cumulative impacts: “Cumulative impacts” refer to two or more individual effects which, when considered together, are considerable or which compound or increase other environmental impacts. (a) The individual effects may be changes resulting from a single project or a number of separate projects. (b) The cumulative impact from several projects is the change in the environment which results from the incremental impact of the project when added to other closely related past, present, and reasonably foreseeable probable future projects. Cumulative impacts can result from individually minor but collectively significant projects taking place over a period of time. CEQA Guidelines Section 15130(a), Discussion of Cumulative Impacts, further addresses the analysis of cumulative impacts: “(1) As defined in Section 15355, a cumulative impact consists of an impact which is created as a result of the combination of the project evaluated in the EIR together with other projects causing related impacts. An EIR should not discuss impacts which do not result in part from the project evaluated in the EIR; (2) If the combined cumulative impact associated with the project’s incremental effect and the effects of other projects is not significant, the EIR should briefly indicate why the cumulative impact is not significant and is not discussed in further detail in the EIR. A lead agency shall 190 5.0 Findings Regarding Cumulative Impacts The Pacific Airshow Huntington Beach Project 23 ESA / D202300046.01 Findings of Fact and Statement of Overriding Considerations August 2025 identify facts and analysis supporting the lead agency’s conclusion that the cumulative impact is less than significant. (3) An EIR may determine that a project’s contribution to a significant cumulative impact will be rendered less than cumulatively considerable and thus is not significant. A project’s contribution is less than cumulatively considerable if the project is required to implement or fund its fair share of a mitigation measure or measures designed to alleviate the cumulative impact. The lead agency shall identify facts and analysis supporting its conclusion that the contribution will be rendered less than cumulatively considerable.” In summary, if the combined cumulative impact associated with the project’s incremental effect and the effects of other projects is significant, the EIR must determine whether the project’s incremental contribution is cumulatively considerable. If the project’s incremental contribution is not cumulatively considerable, the cumulative impact is considered “not significant” pursuant to CEQA Guidelines 15130(a)(3). Because the Airshow does not propose construction of new permanent development, and further, because it is a temporary event, the nature of this Project does not allow for the same manner of cumulative assessment as projects that lead to a permanent change or construction-related impacts that could combine with other projects spatially and/or temporarily, such as land use or transportation projects. Therefore, consistent with CEQA Guidelines Section 15130(a)(2), the Draft EIR provides facts and analyses supporting the Lead Agency’s conclusion that the combined cumulative impacts associated with the Airshow project’s incremental effect and the effects of other projects is not significant and is not discussed in detail in the Draft EIR. As part of the facts and analyses supporting the use of CEQA Guidelines Section 15130(a)(2), the City of Huntington Beach prepared a list of past, present, and reasonably future projects that were considered when making the conclusion that the Project, when considered with other cumulative projects, would not result in a cumulatively considerable contribution to a significant cumulative impact. The list of cumulative projects that were considered is provided in Table 3.7-1 (below and on page 3.7-3 of the Draft EIR). For Project-related impacts that result in no impact, the Project cannot combine to create an incremental, cumulatively considerable contribution to a significant cumulative impact. Therefore, consistent with CEQA Guidelines Section 15130(a)(1), “[A]n EIR should not discuss impacts which do not result in part from the project evaluated in the EIR.” Accordingly, the cumulative impact analysis in the EIR does not address impact statements that are determined to result in no impact in either the Initial Study/Notice of Preparation or the EIR. If the combined cumulative impact associated with the project’s incremental effect and the effects of other projects is not significant, the EIR should briefly indicate why the cumulative impact is not significant and is not discussed in further detail in the EIR, as allowed by CEQA Guidelines Section 15130(a)(2). 191 5.0 Findings Regarding Cumulative Impacts The Pacific Airshow Huntington Beach Project 24 ESA / D202300046.01 Findings of Fact and Statement of Overriding Considerations August 2025 TABLE 3.7-1 RELATED PROJECT LIST No. Project Name/Location Description Status 1. Huntington’s on the Pier (21 Main Street and 22 Main Street on the Pier) Conversion of a former fishing supply building into a new restaurant and bar, with interior modifications and an addition of 530 sf to the existing 820 square-foot building, and conversion of a 409 square- foot existing public restroom into a public restroom building with employee changing room/restroom/locker area and restaurant storage areas. Under review with construction anticipated to begin in 2025. 2. 414 Main Mixed Use A four-story mixed use project consisting of 5,000 sf of retail space, 20 residential condominium units, with 46 on-site parking spaces mostly provided in a subterranean parking garage. Under construction with occupancy late 2024. 3. 410 Main Mixed Use Construct an approximately 42,000 square-foot mixed use building with 28 condominium residential units, 8,000 sf of ground floor retail space, and a subterranean parking garage. Under review. 4. Magnolia Tank Farm (21845 Magnolia Street) Construct a 211,000 square-foot lodge with 175 guest rooms and guesthouse with 40 rooms, 19,000 sf of retail, 250 for sale dwelling units (at 15 dwelling units per acre), 2.8 acres of coastal conservation area to provide a buffer for the adjacent wetlands, and 2.8 acres of park. Under review. 5. AMG Residential (19431 and 19471 Beach Blvd) Construct three residential buildings, each containing 7 stories of residential units, totaling in 222 units and 141,440 sf. Under review. 6. Seacliff at Huntington Beach Inspired Senior Living Facility (2120 Main Street) Construct a 3-story, approximately 281,000 square-foot State- licensed assisted living and memory care facility with 226 guest rooms and a subterranean parking garage on an approximately 6.57-acre portion of the approximately 11.29-acre site. Under construction through late 2025. 7. ASCON Site (Southwest corner of Magnolia Street at Hamilton Avenue) On-going remedial clean-up activities; no surface development expected to occur and the site will ultimately become permanent open space. Approved and Ongoing 8. Pacific Coast Highway (PCH) Caltrans Improvement Project Construction of a continuous 10-mile long bicycle lane improvement project in both directions and associated safety features. Caltrans agreed, in conversation with the City, to identify the City’s special events (i.e., including, but not limited to, the Pacific Airshow, U.S. Surf Open, AVP Volleyball, etc.) as “non-construction dates” for the PCH Caltrans Improvement Project. In addition, Caltrans will shut down construction activities between Memorial Day and Labor Day to avoid the busy, summer, beach season. Construction activities will likely begin in 2025 and last through 2026 given the various “non-construction dates.” Approved. Construction not yet started. NOTES: sf = square feet SOURCE: City of Huntington Beach, 2024 Table 3.7-2 (below and on pages 3.7-5 through 3.7-6 of the Draft EIR) provides a summary of the Project-related impact conclusions and cumulative impact conclusions for each threshold evaluated in the EIR, including explanatory notes. Table 3.7-2 only identifies those thresholds carried forward for analysis in the Draft EIR, no matter the conclusion in the Draft EIR. As with the Draft EIR, the Initial Study/Notice of Preparation identifies thresholds that would result in no impact and, therefore, were not carried forward for analysis in the Draft EIR and, similarly, result in no cumulative impact. The full discussion of cumulative impacts can be found in Draft EIR Subsection 3.7, Cumulative Analysis. 192 5.0 Findings Regarding Cumulative Impacts The Pacific Airshow Huntington Beach Project 25 ESA / D202300046.01 Findings of Fact and Statement of Overriding Considerations August 2025 TABLE 3.7-2 AIRSHOW PROJECT-RELATED AND CUMULATIVE IMPACT CONCLUSIONS Impact Statement Project- Related Impact Conclusion Cumulative Impact Conclusion Notes Air Quality Consistency with the Current Air Quality Management Plan. Not Applicable. Project’s incremental contribution is not cumulatively considerable.` SCAQMD allows a lead agency to determine that a project’s incremental contribution to a cumulative effect is not cumulatively considerable if the project is consistent with the current AQMP (this is not a CEQA Appendix G Threshold for a Project-related impact; Impact 3.1-1 addresses the CEQA Appendix Threshold). Impact 3.1-1: The Project would result in significant impact if it would result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard. Significant and Unavoidable. Cumulatively considerable contribution to a significant cumulative impact. SCAQMD recommends that construction or operational Project emissions are considered cumulatively considerable if Project-specific emissions exceed an applicable SCAQMD recommended significance threshold. Biological Resources Impact 3.2-1: The project would not have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special- status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service. Less than Significant. Project’s incremental contribution is not cumulatively considerable to a significant cumulative impact. Impact 3.2-2: The project would not interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites. Less than Significant. Project’s incremental contribution is not cumulatively considerable to a significant cumulative impact. Hazards and Hazardous Materials Impact 3.3-1: For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, the project would not result in a safety hazard or excessive noise for people residing or working in the project area. Less than Significant with Mitigation. Project’s incremental contribution is not cumulatively considerable to a significant cumulative impact. Impact 3.3-2: The project could impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. Significant and Unavoidable. Project’s incremental contribution is not cumulatively considerable to a significant cumulative impact. 193 6.0 Findings Regarding Alternatives The Pacific Airshow Huntington Beach Project 26 ESA / D202300046.01 Findings of Fact and Statement of Overriding Considerations August 2025 Impact Statement Project- Related Impact Conclusion Cumulative Impact Conclusion Notes Noise Impact 3.4-1 (On-Site Operational Noise): The Project would result in a significant impact from the generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the Project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies. Significant and Unavoidable with Mitigation. Cumulatively considerable contribution to a significant cumulative impact. Impact 3.4-1 (Off-Site Traffic Noise): The Project would result in a significant impact from the generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the Project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies. Less than Significant. Project’s incremental contribution is not cumulatively considerable to a significant cumulative impact. Impact 3.4-2: The Project would not generate excessive groundborne vibration or groundborne noise levels. Significant and Unavoidable with Mitigation. Cumulatively considerable contribution to a significant cumulative impact. Transportation Impact 3.5-1: The project would not conflict or be inconsistent with CEQA Guidelines § 15064.3, subdivision (b) (as it relates to VMT) Less than Significant. Project’s incremental contribution is not cumulatively considerable. Impact 3.5-2: The project would not result in inadequate emergency access. Less than Significant. Project’s incremental contribution is not cumulatively considerable. 6.0 Findings Regarding Alternatives Because the Project would result in significant and unavoidable environmental impacts after implementation of the mitigation measures, the City considered alternatives to the Project. In accordance with State CEQA Guidelines Section 15126.6(a), an EIR shall describe a range of reasonable alternatives to the project, or to the location of the project, which would feasibly attain most of the basic objectives of the project, but would avoid or substantially lessen any of the significant effects of the project, and evaluate the comparative merits of the alternatives. The Project’s objectives are provided above in Section 3.2, Project Purpose and Objectives. The State CEQA Guidelines emphasize that the selection of project alternatives should be based primarily on the ability to reduce significant impacts relative to the proposed project, “even if these alternatives would impede to some degree the attainment of the project objectives, or would be more costly”5 The State CEQA Guidelines further direct that the range of alternatives 5 CEQA Guidelines Section 15126.6(b). 194 6.0 Findings Regarding Alternatives The Pacific Airshow Huntington Beach Project 27 ESA / D202300046.01 Findings of Fact and Statement of Overriding Considerations August 2025 be guided by a “rule of reason,” such that only those alternatives necessary to permit a reasoned choice are analyzed.6 Based on the comparative alternatives analysis, an environmentally superior alternative is to be designated. In general, the environmentally superior alternative is the alternative with the least adverse impacts on the environment. If the environmentally superior alternative is the “no project” alternative, the EIR shall also identify another environmentally superior alternative among the other alternatives.7 The EIR considers a total of five alternatives to the Project, two of which were considered but were not selected for further analysis including offsite location and avoidance of flying over Bolsa Chica, and the remaining three, including the No Project/No Airshow Alternative, are comprehensively evaluated in the EIR. Section 15126.6(e)(2) of the State CEQA Guidelines indicates that an analysis of alternatives to a proposed project shall identify an environmentally superior alternative among the alternatives evaluated in an EIR, and that if the “no project” alternative is the environmentally superior alternative, the EIR shall identify another environmentally superior alternative among the remaining alternatives. Selection of an environmentally superior alternative is based on comparison of the alternatives that would reduce or eliminate the significant impacts associated with the Project, and on a comparison of the remaining environmental impacts of each alternative to the Project’s impacts. 6.1 Alternatives Considered and Rejected CEQA does not require that the alternatives be exhaustive, or require evaluation of alternatives that are not realistically feasible given the failure to meet project objectives or the availability of resources to support the alternatives. The following alternatives were rejected because implementation is considered remote and speculative or some of the goals and objectives would not be met. Offsite Location The Offsite Location Alternative would aim to be located further from sensitive biological resources. Sensitive habitat is located along the coastline including the Huntington Beach Wetlands, the Magnolia Marsh, and the Bolsa Chica Ecological Reserve (BCER). In order to be located away from the areas that contain more sensitive biological resources, the site would likely need to be at a more inland location, where there would be less space for attendees to congregate as well as fewer areas to view the Airshow compared to the Project Site. In addition, the likelihood of finding a location that would be able to accommodate the number of activities planned (Airshow, music festival, wave pool surf competitions, skateboard/BMX event, etc.) for the Airshow would be low. 6 Ibid., Section 15126.6(f). 7 Ibid., Section 15126.6(e) (2). 195 6.0 Findings Regarding Alternatives The Pacific Airshow Huntington Beach Project 28 ESA / D202300046.01 Findings of Fact and Statement of Overriding Considerations August 2025 This Alternative was considered infeasible due to the fact that there are very few, if any, other locations within the City that are City-owned and would be able to provide the services and area for the Airshow to be conducted and viewed. The alternative site would need to be up to approximately 100 acres in size in order to accommodate the parking, viewing areas, and other activities. Per the CEQA Guidelines, the Offsite Location Alternative was rejected as infeasible using the criteria for off-site alternatives, including site suitability, economic viability, jurisdictional boundaries, whether the project proponent owns the site, and whether the project proponent can control site access. Some of the alternative sites considered that would be large enough to accommodate the activities include Edison High School and Central Park located in the City. Edison was rejected because this site would be closer to the Huntington Beach wetlands complex, and therefore, not necessarily further from sensitive biological resources. Central Park was also rejected due to the sensitive habitat and species that are present throughout the Park. Central Park has three freshwater lakes that are used by waterfowl and other birds. Portions of Central Park are also located closer to the BCER. Therefore, due to the proximity of sensitive habitat and sensitive species at the two locations most appropriate to be considered as alternative sites, these locations would not reduce impacts to biological resources. Avoidance of Flying over Bolsa Chica The Avoidance of Flying over Bolsa Chica Alternative would involve having the Pacific Airshow LLC instruct the air traffic controllers to avoid flying over the BCER . The purpose of this Alternative would be to reduce noise over the BCER and to avoid potential impacts to biological resources in the BCER. However, noise from commercial and private aircraft and helicopter flights over the BCER, including helicopters regularly landing at the helipad located within the BCER, is an existing condition. In addition, the Project already has controls and measures in place to prevent incursion into the BCER including providing a daily formal briefing (each day of the Airshow) to all Airshow pilots on the location and nature of the BCER; requesting that pilots minimize or avoid overflight of the BCER to the greatest extent possible; requesting that when overflight of the BCER cannot be avoided that it be at 1,000 feet above ground level (AGL) or above; advising Southern California Terminal Radar Approach Control (TRACON) as well as Los Alamitos Army Airfield Tower on the location and nature of the BCER and request that they avoid directing Airshow pilots to overfly the area to the greatest extent possible; establishing routes in/out of Airshow airspace and supporting airfields to avoid overflight of the BCER to the greatest extent possible; coordinating with Southern California TRACON and Los Alamitos Army Airfield Tower regarding directing airshow aircraft transiting to/from supporting airfields to fly as directly as able into the Airshow’s restricted airspace which, in most cases, will prevent overflight of the BCER; discussing and sharing any report of otherwise avoidable incursion will be at the daily briefing and discussing with air traffic control representatives in the ongoing effort to identify and implement solutions to avoid overflight; and instructing parachute demonstration teams to keep streamer drops in close to the site or to refrain from using them all together if conditions permit to prevent incursion into the BCER. Since these measures are already in place for the 2024 Airshow and all Airshow events moving forward, the potential noise and incursion into the BCER is already being minimized to the extent feasible. In addition, the Project includes 196 6.0 Findings Regarding Alternatives The Pacific Airshow Huntington Beach Project 29 ESA / D202300046.01 Findings of Fact and Statement of Overriding Considerations August 2025 a measure where a biological monitor is recommended to conduct monitoring at the Bolsa Chica Ecological Reserve and protected plover and tern nesting areas to confirm debris does not move into these areas and that low flyovers do not occur within these areas. Also, important to note is that the Airshow is scheduled for after breeding season. Therefore, since the BCER is already being avoided by the activities and measures listed above, this Alternative is not analyzed in further detail. 6.2 Alternatives Considered in Detail Alternative 1: No Project/No Airshow Alternative CEQA Guidelines Section 15126.6(e) requires analysis of a No Project Alternative that (1) discusses existing site conditions at the time the NOP is prepared or the Draft EIR is commenced and (2) analyzes what is reasonably expected to occur in the foreseeable future based on current plans if the Project were not approved. Under this Alternative, the Airshow and the associated activities are not occurring in 2024 or for the foreseeable future. Since the No Project Alternative assumes the Airshow would not take place, no new environmental impacts would occur under this Alternative. Alternative 2: 2023 Airshow Alternative Under the 2023 Airshow Alternative, the annual event would take place over 3 days, and would not include a music festival, helicopter and aircraft runway/display, skateboard/BMX competition, pyrotechnic shows, sandcastle building competition, and beach camping, among other activities/features noted in New Airshow Activities Anticipated for 2024 through 2034 in Section 1.6, Historic and Future Airshow Activities and Events Schedule. The Airshow would continue to be held annually Friday through Sunday during the fall season with aircraft flight familiarization and flight practice flyovers beginning as early as Monday of the week of the Airshow. Alternative 3: Reduced Project Alternative The Reduced Project Alternative would include a reduced size of the Airshow with no military aircraft or equivalent noise-producing jets being included in the Airshow. Based on information received from the President of the International Council of Airshows, John Cudahy8, airshows without military performers have less than half of the attendance of shows that include military aircraft. In fact, in 2013, when the United States Department of Defense cancelled its participation in civilian airshows, attendance decreases of 75 percent to 80 percent occurred. In addition, without military aircraft, the noise impacts from the flyovers would be reduced. Therefore, the Reduced Project Alternative is aimed to reduce noise impacts due to the type of aircraft being used. Additionally, evacuation impacts would be reduced due to both a decreased number of employees and a decreased number of attendees. 8 John B. Cudahy, President, International Council of Air Shows. Letter correspondence dated March 25, 2024. 197 6.0 Findings Regarding Alternatives The Pacific Airshow Huntington Beach Project 30 ESA / D202300046.01 Findings of Fact and Statement of Overriding Considerations August 2025 The Reduced Project Alternative would not meet the following Project objectives: •Continue to provide a gathering place where locals and visitors can come together to enjoy civilian and military aircraft flybys and aerial acrobatics, illustrations, displays, food, and music. •Prove an event that promotes careers and opportunities in the Defense Forces. Since the Reduced Project Alternative would not include military flybys from military aircraft, the two above objectives would not be met in their entirety. In addition, since the Reduced Project Alternative would result in a decreased number of attendees, this alternative would also only partially meet the objectives of creating a net positive economic impact, increasing tax revenues, and continuing to provide jobs associated with the Airshow. With fewer attendees, it is anticipated that the positive economic impact, the potential tax revenues, tourism impact, quality level of show and the number of employees needed to staff the Airshow would all potentially be reduced. 6.3 Findings Regarding the Alternatives Of the alternatives analyzed in the EIR, the No Project Alternative is considered the environmentally superior alternative as it would avoid or reduce most of the potential impacts associated with operation of the Project. However, it would not meet the objectives of the Project. CEQA Guidelines require that, if the No Project Alternative is determined to be the environmentally superior alternative, an environmentally superior alternative must also be identified among the remaining alternatives. As such, the 2023 Airshow Alternative would result in the fewest environmental impacts as compared to the Project and is considered the Environmentally Superior Alternative. However, this alternative would not meet all of the Project Objectives. Furthermore, the 2023 Airshow Alternative would reduce the opportunity to gather since fewer events would be held over fewer days. The 2023 Airshow Alternative would not meet the following Project objectives in their entirety or to the extent the Project would: •Continue to provide a family-oriented, safe, educational, fun, and entertaining Airshow experience with an emphasis on outdoor lifestyle and popular culture elements. •Continue to provide a gathering place where locals and visitors can come together to enjoy civilian and military aircraft flybys and aerial acrobatics, illustrations, displays, food, and music. •Create a net positive direct economic impact on the City and surrounding communities as a result of spending by incremental visiting attendees, the event organizer, and event sponsors. •Increase in tax revenues (i.e., sales tax and transit occupancy tax) to the City. •Continue to provide temporary and full-time jobs associated with the Airshow. Since the 2023 Airshow Alternative would not include a music festival, helicopter and aircraft runway/display, skateboard/BMX competition, pyrotechnic shows, sandcastle building competition, and beach camping, among other activities/features, fewer family-oriented events would be offered. With fewer activities, it is anticipated that the positive economic impact, the potential tax revenues, and the number of employees needed to staff the Airshow would each 198 7.0 Findings Regarding the Final EIR The Pacific Airshow Huntington Beach Project 31 ESA / D202300046.01 Findings of Fact and Statement of Overriding Considerations August 2025 potentially be reduced. In addition, without offering the events promoting the beach community, including beach camping and sandcastle building among others, there would be a reduced positive impact to the promotion of the Huntington Beach Pier and beaches. In conclusion, the 2023 Airshow Alternative is the Environmentally Superior Alternative; however, it does not meet all the Project Objectives. 7.0 Findings Regarding the Final EIR The Responses to Comments, provided as Chapter 3 of the Final EIR, includes the comments received during the public review period on the Draft EIR and the City’s responses to these comments. The focus of the Responses to Comments is on the disposition of significant environmental issues as raised in the comments, as specified by State CEQA Guidelines Section 15088(c). The purpose of the Final EIR is to respond to all comments received by the City regarding the environmental information and analyses contained in the Draft EIR. Corrections and Additions to the Draft EIR, provided as Chapter 4 of the Final EIR, includes any clarifications/corrections to the text, tables, figures, and appendices of the Draft EIR generated either from responses to comments or independently by the City. The City finds that comments made on the Draft EIR, the responses to these comments, and revisions to the Draft EIR clarify or update the analysis presented in the document but do not change the analysis or conclusions of the Draft EIR. Accordingly, no significant new information, as described in State CEQA Guidelines Section 15088.5, was added to the EIR after the Draft EIR was made available for public review. The comments, responses to comments, and the clarifications to the Draft EIR do not trigger the need to recirculate the EIR pursuant to State CEQA Guidelines Section 15088.5. These changes merely clarify or update the discussion but do not change the analysis or conclusions of the Draft EIR. Based on the analysis in the Draft EIR, the comments received, and the responses to these comments, no substantial new environmental issues have been raised that have not been adequately addressed in the Draft EIR. Also, no changes to the analysis or conclusions of the Draft EIR are necessary based on the comments, the responses to the comments, and the revisions to the Draft EIR noted above. 8.0 Statement of Overriding Considerations The City finds on the basis of the Final EIR and the record of proceedings in this matter that the significant and unavoidable impacts of the Project are acceptable when balanced against the benefits of the Project. This determination is based on the following Project objectives and the substantial public, social, economic, and environmental benefits generated from the Project as identified in the Draft EIR, the Final EIR and the record of proceedings in the matter. The Project objectives include the following: • Continue to provide a family-oriented, safe, educational, fun, and entertaining Airshow experience with an emphasis on outdoor lifestyle and popular culture elements. 199 8.0 Statement of Overriding Considerations The Pacific Airshow Huntington Beach Project 32 ESA / D202300046.01 Findings of Fact and Statement of Overriding Considerations August 2025 • Continue to provide a gathering place where locals and visitors can come together to enjoy civilian and military aircraft flybys and aerial acrobatics, illustrations, displays, food, and music. • Prove an event that promotes careers and opportunities in the Defense Forces and in aviation. • Provide an event that promotes coastal access. • Continue to promote awareness and use of the Huntington Beach Pier and beaches. • Continue to promote awareness of the Huntington Beach hotels, restaurants, stores, and businesses across the City. • Continue to promote Huntington Beach and Southern California as a welcoming global tourism destination. • Create a net positive direct economic impact on the City and surrounding communities as a result of spending by incremental visiting attendees, the event organizer, and event sponsors. • Increase in tax revenues (i.e., sales tax, transit occupancy tax, and property tax) to the City. • Continue to provide temporary and full-time jobs associated with the Airshow. • Provide an event that reduces potential impacts to the surrounding sensitive habitat including the Bolsa Chica Ecological Reserve, the Huntington Beach Wetlands, the Magnolia Marsh, and special-status wildlife species such as the federally endangered California least tern and western snowy plover. Based on the analysis provided in Draft EIR Chapter 3, Environmental Setting, Impacts, and Mitigation Measures, implementation of the Project will result in significant impacts that cannot be feasibly mitigated with respect to Air Quality, Hazards and Hazardous Materials, and Noise. Considering the information contained in and related to the Final EIR, and pursuant to CEQA Guidelines Section 15092, the City of Huntington Beach finds that in approving the Project, it has eliminated or substantially lessened all significant and potentially significant effects of the Project on the environment where feasible as shown in these Findings. The City of Huntington Beach further finds that it has balanced the economic, social, technological, and other benefits of the Project against the remaining unavoidable environmental risks in determining whether to approve the Project and has determined that those benefits outweigh the unavoidable risks and that those risks are acceptable. The City of Huntington Beach makes this statement of overriding considerations in accordance with CEQA Guidelines Section 15093 in support of approval of the Project. Specifically, in the City’s judgment, the benefits of the Project, as proposed, outweigh the significant and unavoidable impacts, and the Project should be approved. 200 EIR No. 25-003 Pacific Airshow City Council Meeting September 2, 2025 201 EIR No. 25-003 (Pacific Airshow) •Analyzes and discloses the potential environmental impacts associated with the Pacific Airshow –Project Description includes new airshow activities •Impacts –EIR analyzes 6 environmental impact areas –Significance of impacts based on established thresholds –In CEQA terms, impacts categorized as: •No impact •Less than significant •Less than significant with incorporation of mitigation measures •Potentially significant •Mitigation Measures –Mitigation Measures identified to reduce level of significance or minimize less than significant impacts (wildlife hazards & biological monitoring) •Significant and Unavoidable Impacts –potentially significant impacts that cannot be feasibly mitigated to a less than significant level 202 Topical Issues Analyzed Issues Analyzed in the Initial Study and determined to have No Impact or LTS Impact •Aesthetics •Agriculture and Forestry Resources •Cultural Resources •Energy •Geology & Soils/Mineral Resources •Greenhouse Gas Emissions •Hydrology and Water Quality •Land Use & Planning •Population & Housing •Public Services •Utilities & Services systems •Wildfire Issues Analyzed in the EIR •Air Quality •Biological Resources •Hazards and Hazardous Materials •Noise •Transportation •Tribal Cultural Resources 203 Significant and Unavoidable Impacts •Air Quality –Operation emissions estimates from increased mobile source emissions (i.e. – vehicle trips) would continue to exceed daily emissions thresholds for criteria pollutants VOC, Nox, CO •Hazards & Hazardous Materials –Emergency evacuation –Lack of significance thresholds –Difficult to assume the wide range of possible emergency conditions, number and location of increased population during airshow activities, and probable increase in response times –Emergency response measures recommended to compliment the Local Hazard Mitigation Plan and airshow evacuation plan •Noise & Vibration –Noise and vibration from multi-day music festival would exceed established noise standards –Mitigation is proposed to minimize impacts, but would remain significant 204 Alternatives CEQA requires an EIR to identify and analyze a reasonable range of alternatives to the project that would: – Feasibly obtain most of the objectives of the project –Avoid or substantially lessen any of the significant effects of the project, as proposed The Draft Program EIR evaluated 3 Alternatives: •Alternative 1: No Project/ No Airshow –Assumes no airshow would occur for the foreseeable future –Required by CEQA •Alternative 2: 2023 Airshow – assumes 2023 version of the Airshow with none of the new airshow activities described in the project description •Alternative 3: Reduced Project – assumes reduced size of Airshow with no military aircraft or equivalent noise-producing jets 205 Final EIR •Includes Draft Program EIR (made available for public review from February 20th through April 7th) •Comments on the Draft Program EIR •Responses to comments on the Draft Program EIR •Text changes to the Draft Program EIR •Mitigation Monitoring and Reporting Program 206 Statement of Overriding Considerations •If the lead agency determines that it is infeasible to mitigate a significant environmental impact, the agency must adopt a “statement of overriding considerations.” –The lead agency finds that specific overriding economic, legal, social, technological, or other benefits of the project outweigh the significant effects on the environment. 207 Recommended Action •Recommend certification of EIR No. 25-003 because: –It adequately analyzes the potential environmental impacts associated with the Pacific Airshow –Identifies project alternatives pursuant to CEQA –Provides mitigation measures to lessen the project’s impacts –Has been prepared in accordance with the California Environmental Quality Act (CEQA). •Approve CEQA Findings of Fact and Statement of Overriding Considerations 208 Questions? 209 Page 1 of 18 AIRSHOW EVENT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND PACIFIC AIRSHOW, LLC THIS AIRSHOW EVENT AGREEMENT (“Agreement”) is made and entered into this _____ day of ___________________________, 2025 (“Effective Date”), by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation and Charter City (“City”), and PACIFIC AIRSHOW, LLC, a California limited liability company (“Pacific Airshow”). City and Pacific Airshow are sometimes hereinafter individually referred to as a “Party” and hereinafter collectively referred to as the “Parties.” RECITALS WHEREAS, since 2016, the Pacific Airshow has become a cornerstone event in Southern California, attracting visitors from the nation and the world to the City of Huntington Beach, and by attendance has become the largest airshow in the United States; and WHEREAS, the Pacific Airshow historically has consisted of a three-day weekend featuring aerobatic demonstrations and performances, a boat race around Catalina Island, on- sand entertainment, music, and much more; and WHEREAS, the Pacific Airshow has become one of the City’s biggest events of the year, generating approximately over $120,000,000 over the three event days in total economic benefit to the City according to a study conducted by Visit Huntington Beach in 2022 (specifically, $70,000,000, direct spending in City businesses, and an additional $50,000,000 in indirect and induced spending); and WHEREAS, the City recognizes the value of hosting the Pacific Airshow for the enjoyment of its residents and the global community, the economic benefits brought to the City, the advancement of education and interest in aviation and aviation careers, and the showcasing of the natural beauty, resources, enterprises, attractions, climate and facilities of the City of Huntington Beach; and WHEREAS, City and Pacific Airshow desire to continue to bring the Pacific Airshow to the residents of Huntington Beach and the global community on an annual basis consistent with the terms and conditions provided for herein; and WHEREAS, in very general terms, in October of 2021, a portion of the Huntington Beach Airshow was canceled due to an oil spill. The City of Huntington Beach was then sued by Pacific Airshow, over the cancellation. WHEREAS, the City and Pacific Airshow negotiated a settlement of the lawsuit. The Settlement Agreement in part, states that “. . .the City shall provide” [certain] benefits to Pacific Airshow (inclusive of any embedded multi-day musical festival) in 2024 and thereafter. The Settlement Agreement goes on to say “if PA desires to conduct future Air Show Event(s) (after 2023), that Pacific Airshow and CITY will enter into a separate Air Show Event Agreement, after the aforementioned environmental review pursuant to CEQA is complete. That Air Show Event Agreement for future Air Show Events will be based on, and supported 210 Page 2 of 18 by, the completed aforementioned CEQA environmental review, and consistent with the terms of this Agreement. The future Air Show Event Agreement will expressly provide the benefits conferred to PA by the CITY under this Agreement, including Sections 2.b.i. through 2.b.viii.” WHEREAS, as set forth herein, through a negotiation process Pacific Airshow agreed to relinquish some of the benefits guaranteed by Section 2 of the Settlement Agreement. WHEREAS, in consideration of Pacific Airshow selecting the City of Huntington Beach as the site for the Pacific Airshow, City and Pacific Airshow desire, pursuant to Section 2 of the Settlement Agreement and General Release dated May 9, 2023 (“Settlement Agreement”), which will be amended in part pursuant to this Agreement, to enter into this Airshow Event Agreement. WHEREAS, in the event the Settlement Agreement or any portion thereof is determined by a court to be void, unlawful, or unenforceable, (1) the Parties will in good faith renegotiate to amend the terms of this Agreement to be consistent with any court order including correcting any void, unlawful, or unenforceable portion(s); (2) the Parties agree that the dismissal with prejudice entered in favor of the City, per the Settlement Agreement, may be set aside, without objection from the City, upon pacific Airshow’s request, if so determined by the court ; the City will not object to ; and (3) the Parties agree that from October 21, 2022 until written notice is served on Pacific Airshow of any court order, which voids or renders unlawful or unenforceable any portions of the Settlement Agreement, shall not be counted in determining any applicable statute of limitations, statute of repose, laches, or other time-based defenses for Pacific Airshow to file a claim or complaint against the City; and WHEREAS, in consideration of City granting Pacific Airshow certain limited and defined use of City property, facilities and resources for the Pacific Airshow, Pacific Airshow desires, subject to the terms of this Agreement, to amend Section 2 of Settlement Agreement and perform certain obligations as defined herein; and NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows: AGREEMENT 1. RECITALS. The foregoing recitals are true and correct, and the same are incorporated herein by this reference and made a part of this Agreement. 2. DEFINITIONS. Any terms not specifically defined herein shall have the meaning as set forth in the Huntington Beach Municipal Code (HBMC). 2.1 “Area” means all of the City property (e.g., real property, streets, parking spaces, public facilities) used by Pacific Airshow for the Event pursuant to this Agreement or a Specific Event Permit as referred to by Section 7 below. The Area may include any portions of the following locations in the City: Huntington City Beach, the Huntington Beach Pier, Main 211 Page 3 of 18 Street, Pier Plaza, 6th Street Parking lot, and City Parking Spaces and the Area may vary from year-to-year, and will be specified in that year’s particular Specific Event Permit. 2.2 “Branding” means the promotion of the Event by means of advertising and distinctive design, including but not limited to trademarks and copyrights associated with the Event. 2.3 “Business day” means a day on which City Hall is open for business. 2.4 “City Parking Spaces” refers to those public parking spaces located at the Pier Plaza and amphitheater parking (Sixth St.) lots, City beach parking lots (from Seventh Street to Beach Boulevard), Huntington Beach City Hall parking lots (if available), and Main St. parking garage, which are available for public use and not already encumbered or reserved by a law enforcement agency (to provide law enforcement for an Event), or a business or organization lease as of May 9, 2023 (such as the valet spaces reserved and leased by Duke's Restaurant located at 317 Pacific Coat Hwy, Huntington Beach, CA 92648). 2.5 “Event,” or “Pacific Airshow,” refers to an annual multiday showcase of military and civilian airshow performances in Huntington Beach occurring in the Fall. Additional activities that may take place as part of the Event include (but are not limited to) a boat-race around Catalina Island, on-sand entertainment, music and other entertainment. The Event may also include, at the option of Pacific Airshow, a multiday music festival. Any multiday music festival shall be during the dates of the Event and shall be subject to the same terms as the overall Event, including section 11 herein. Pacific Airshow will notify the City and obtain any additional permits at least ninety (90) days before the Event. The Event is typically held in the Fall of each year and is anticipated to be held for three days with additional days of practice activities as required by the civilian and military performers (exclusive of the multiday music festival). The Event is promoted, managed, owned and operated by Pacific Airshow, and hosted by City, pursuant to both the terms of this Agreement as well as an applicable Specific Event Permit. Pacific Airshow will apply for a Specific Event Permit each year prior to conducting an Event. 2.6 “Event Participant” means a person, business or organization that performs, provides services for (inclusive of Vendors), or is showcased in the Event, with the approval of the Pacific Airshow, including but not limited to aircraft pilots and their respective teams. 2.7 “Unified Command” may include, but is not necessarily limited to, Huntington Beach Police Department, Huntington Beach Fire Department, Huntington Beach Marine Safety, City Attorney, FBI, FAA, and Coast Guard. 2.8 “Vendor” means any Event participant, performer, service provider, exhibitor or any other persons, businesses and organizations, who are authorized by Pacific Airshow, to offer a product or service, for sale or for giveaway, to Event attendees, and/or engage in some form of promotion to Event attendees, at the Event. 212 Page 4 of 18 3. PERMIT: 3.1 Grant. As contemplated in Section 2 of the Settlement Agreement, City grants a temporary permit to Pacific Airshow to use the Area, during the term provided for in Section 5, , for the Pacific Airshow to manage and operate the Event(s) pursuant to the terms of this Agreement and the annual Specific Event Permit. Pacific Airshow shall have the right to conduct at least one (1) Event per year, on dates selected by Pacific Airshow consistent with the terms of this Agreement and each year Specific Event Permit. Nothing herein shall be construed to require Pacific Airshow to conduct the Event in any year during the Term. The City will not contract with or permit another person or entity to promote or operate the Event(s), or any events of similar nature that include an airshow or aerial performance in the City. 3.2 Disclaimer of Tenancy. Pacific Airshow is not a tenant or lessee or licensee of City and holds no rights of tenancy or leasehold in relation to the Area. Pacific Airshow shall not be considered to have any possessory interest in the Area, in that the City will maintain control and management of the Area at all times pursuant to the Specific Events Permit, and Pacific Airshow’s use of the Area will not exclude the general public. In consideration of City’s grant of this use of the Area, Pacific Airshow specifically and expressly waives, releases, and relinquishes any and all rights to assert any claim of right, privilege or interest in the Area other than the rights expressly granted by both this Agreement as well as an applicable Specific Events Permit. 3.3 Disclaimer of Liability. Pacific Airshow covenants, agrees and warrants that City is not liable for any loss, damages or injury to the person, or property of any person, whatsoever at any time, occasioned by or arising out of any act or omission of Pacific Airshow, or of anyone acting as the agent, employee, or representative of Pacific Airshow, pursuant to the uses, activities or occupancy provided for by both this Agreement as well as any related Specific Event Permit, except for any loss, damages, or injuries related to or arising out of the City’s misconduct or gross negligence. 3.4 Disorderly Persons. Notwithstanding the license provided herein, City shall have the right to refuse entrance to an Event, or remove and eject from an Event, any person associated with an Event or present at an Event, whose conduct, in the reasonable judgment of the City, is disorderly, disruptive or in violation of any law. The indemnification provisions of this Agreement shall apply to any claim or cause of action arising from such refusal or ejectment. 4. TERM AND TERMINATION. As required by the Settlement Agreement, and as specifically modified in this paragraph, this Agreement shall continue in full force and effect for an initial 10-year term starting September 2025 until December 31, 2035, and Pacific Airshow shall have 3 options to renew for additional 5-year terms (“Term”). Exercise of the option to renew shall be provided to the City in writing. This option to renew may be exercised by Pacific Airshow, at Pacific Airshow’s sole discretion, as early as anytime during the term. 5. Either party may terminate this Agreement if the other party breaches any material term of this Agreement and fails to cure such breach within thirty (30) days following written notice thereof, from the non-breaching party to each party and their counsel. Notwithstanding the foregoing, certain provisions of this Agreement will survive termination 213 Page 5 of 18 or expiration of this Agreement where the context or express language of the provision so indicates. 6. AERIAL SAFETY. Safety shall be of primary importance for all Events. Anyone who flies in a manner and style not considered to demonstrate good airmanship and safety shall be barred from any further Event activities. Pacific Airshow warrants that Pacific Airshow has the duty to ensure that the safety and good airmanship of all Event performers will be observed at all times, and Pacific Airshow shall take any and all steps necessary, including prohibition of flying, in the event Pacific Airshow determines that good airmanship and safety are being threatened or compromised. In the absence of a Federal Aviation Administration monitor or Pacific Airshow supervision, and when City’s Unified Command is of the opinion that the Pacific Airshow is unable to fulfill said requirements of good airmanship and safety, the City shall have the full authority, at no cost or expense to City, as well as at no liability of City to Pacific Airshow, to stop all Event connected activity until the unsafe or unsatisfactory condition is corrected. The City’s Unified Command’s decisions shall be in writing and must be unanimous. Prior to the Unified Command’s issuance of a decision pursuant to this section, Pacific Airshow shall be notified and have the opportunity to participate in the determination by the Unified Command. Any stoppage or modification to any Event connected activity shall be coordinated with Pacific Airshow. Subject to this section 6, 7.4, and 9, no Event or Special Event Permit shall be revoked, modified, or cancelled by the City for any reason. 7. SPECIFIC EVENT PERMIT. 7.1 Requirement. A Specific Event Permit is required for each Event pursuant to Chapter 13.54 of the Huntington Beach Municipal Code. Pacific Airshow shall secure a new Specific Event Permit from the City as a requirement for conducting any Event Subject to section 7.3, there shall be no liability or damages that may be claimed by Pacific Airshow against the City for Pacific Airshow’s failure to secure a Specific Event Permit. 7.2 Application. Pacific Airshow shall submit to City for review and approval an application for a Specific Event Permit for each Event desired to be held by Pacific Airshow no less than 90 days and no more than two years before the date proposed for holding a specific Event, notwithstanding any contrary deadlines provided for by the HBMC. 7.3 Processing. The City will not unreasonably deny an application from Pacific Airshow for a Specific Event Permit for a particular Event consistent with the requirements and procedures provided for in Chapter 13.54. The City shall not deny an application from Pacific Airshow for a Specific Event Permit to circumvent this Agreement. 7.4 Suspension or Revocation. As required by the Settlement Agreement, a Specific Event Permit issued by City to Pacific Airshow for an Event may be suspended or revoked upon the written determination by the City’s Unified Command of a justifiable health and/or safety issue, provided that Pacific Airshow is notified and consulted prior to any such determination, Pacific Airshow participates in the determination by the City's Unified Command, and any suspension or modification is coordinated with Pacific Airshow. 214 Page 6 of 18 7.5 In the event of any inconsistency between this Agreement and an applicable Specific Events Permit, this Agreement shall govern; except by mutual agreement of the Parties. 8. EVENT IMPACT. 8.1 Area Restoration. Pacific Airshow, at its sole cost and expense, upon conclusion of an Event shall promptly and timely restore the Area to its condition as existed before the commencement of the Event and any Event activities. Such Area restoration duties of Pacific Airshow include but are not limited to immediate cleaning by the Pacific Airshow of the entire Area as well as immediate removal by Pacific Airshow of all trash and debris generated or caused by the Event and any Event activities. 8.2 Event Damages. Pacific Airshow is responsible for all costs and expenses to repair and/or replace any equipment, facilities or property damaged, including area restoration as provided for in Section 8.1 above, as a result of Pacific Airshow’s use and occupation of the Area during the term of an Event. Pacific Airshow shall not be responsible for any expenses, damages, or repairs caused by any third party unless hired by Pacific Airshow. 8.3 Hazardous Substances. Pacific Airshow shall comply with all federal, state, and local laws and regulations relating to hazardous materials and waste, and shall timely comply with the orders of any governmental agencies relating thereto. Pacific Airshow shall at its own cost and expense remove all flammable and hazardous materials and waste as defined by state, federal, or local law immediately at the conclusion of an Event. Pacific Airshow shall make available for inspection to the City available records relating to the maintenance, release, mitigation, and cleanup of any hazardous substances on the premises of the Area arising from or caused by the uses provided for in this Agreement. 9. LICENSES AND OTHER PERMITS. Pacific Airshow shall obtain at its own expense and maintain for any Event throughout the term of the Agreement, in its name, all licenses, permits, approvals, releases and other consents, authorizations and filings (“Licenses”) required by any federal, state, local or applicable governmental or regulatory body (i.e. the California Coastal Commission, the California State Lands Commission, the California Department of Transportation and the Federal Aviation Administration) required for conducting each Event, and shall timely provide copies of all such valid Licenses to the City prior to the commencement of any Event. If Pacific Airshow is unable to obtain any one or more Licenses necessary to conduct the Event, and the Event must be cancelled or postponed, the City shall not liable for any damages, however so incurred, by Pacific Airshow by reason of failure to obtain License(s). 9.1 Other Agency Permits and Licenses. City may only issue a Specific Event Permit for areas within City jurisdiction; any permit, license or permission for use of land area or air space outside of City jurisdiction must be requested by Pacific Airshow with the relevant outside agency. Approved site maps pursuant to a Specific Event Permit will only constitute approval of the City’s portion of the submitted plans. It is the responsibility of Pacific Airshow to timely acquire any permits, licenses or permissions from any other local, state, or federal agency with jurisdiction over any portion of an Event location. Pacific Airshow expressly agrees 215 Page 7 of 18 that City bears no responsibility or liability for cancelation, event stoppages, closures, delays, changes, or any other condition caused by any other agency with jurisdiction over the Event or any portion of an Event location. 9.2 FAA Waiver or Authorization. Pacific Airshow shall provide written verification to City that a valid Certificate of Waiver or Authorization for all phases of the Event has been timely obtained and approved by the Federal Aviation Administration prior to any Event held in the City pursuant to the terms of this Agreement and an applicable Specific Events Permit. 9.3 Alcohol. Pacific Airshow shall timely provide copies to City of valid licenses from the Department of Alcoholic Beverage Control as mandated by law as a requirement for any use, that is regulated or controlled by such department, pursuant to this Agreement or an applicable Specific Event Permit. 9.4 Vendors. Pacific Airshow shall timely provide copies to City of valid business licenses for all Vendors participating in each Event as a requirement for participating in such Event. Pacific Airshow shall also timely provide copies of valid Orange County Environmental Health permits from the Orange County Health Care Agency for all Food Vendors as a requirement for such Food Vendors to participate in an Event. 10. CERTAIN PACIFIC AIRSHOW OBLIGATIONS. 10.1 Pacific Airshow shall comply throughout the term of the Agreement with all applicable federal, state and local laws and regulations, as well as all applicable rules and regulations established by the City or prior agreements between the City and third parties, both in effect as of the Effective Date and as both enacted and amended from time-to-time. 10.2 Event Participant Liability Waivers. Pacific Airshow shall ensure that each Event Participant executes a hold harmless liability waiver prior to the start of the Event, in a form to be drafted by the City, pursuant to which Event Participant assumes the risk of injury, damages, or death, and releases the City from all liability in connection with the Event. 10.3 Public Trust. Pacific Airshow expressly acknowledges that part of the Area for an Event premises may be subject to the Public Trust and must be made available to members of the public for recreation, waterborne commerce, navigation, fisheries, open space, and any other recognized Public Trust uses. Further, in no event shall public access be in any way prohibited or restricted beyond the City’s jurisdiction including seaward of the mean high tide mark without permission and any required permits of other local, state or federal agencies with jurisdiction. Access to the Pier may not be otherwise impeded without proper approval. Use of the Pier may not be restricted except as set forth herein, within an applicable Specific Use Permit, and pursuant to applicable law. 10.4 Fire Protection and Aircraft Rescue Equipment. In the event aircraft rescue becomes necessary, the City shall continue to provide its public safety services, while Pacific Airshow shall be responsible for any aircraft salvage as are deemed necessary. 216 Page 8 of 18 10.5 Evacuation and Safety Plan. Pacific Airshow shall in consultation with the Unified Command develop an Evacuation and Safety plan for the Event that addresses and mitigates any potential threats to public safety that may reasonably arise from the conduct of an Event, that shall be approved by the Unified Command no later than 10 days prior to the commencement of any Event. 10.6 Limited License to Use Event Branding. Pacific Airshow hereby grants to City the limited, revocable, non-assignable, non-sublicensable, non-exclusive license to use and deploy, during the term, Branding for each Event, in all reasonable forms for advertising and marketing, but only to the extent related to promotion of an Event, and subject in each instance to Pacific Airshow’s prior written approval, which will not be unreasonably withheld by Pacific Airshow. 10.7 Operations, Equipment and Personnel. Except as otherwise provided for by this Agreement or an applicable Specific Events Permits, Pacific Airshow shall provide for (or cause to be provided) all Event-related equipment, supplies, personnel (including volunteers), training of personnel (including volunteers), Event manuals/programs, Event set-up and tear down, and all other technical and operational aspects of the Event. City shall provide, at the City’s costs, all waste, sanitary, and first aid facilities as are deemed necessary by the Orange County Health Care Agency. 10.8 Event Costs. Except as otherwise provided for by this Agreement or an applicable Specific Events Permits, Pacific Airshow shall be solely responsible for all expenses and costs necessary for the promotion, management and operation of an Event. 10.9 Local Suppliers. Pacific Airshow shall, to a reasonable extent possible and in compliance with applicable laws, use local suppliers for the promotion, management and operation of an Event. 10.10 Pacific Airshow shall provide City with the following: 10.10.1 space for City usage from which City may promote City, such as a booth at an Event location to be determined by Pacific Airshow at Pacific Airshow’s sole discretion; and 10.10.2 signage (advertising only the City and paid for by the City) at certain locations throughout the Area to be determined at Pacific Airshow’s sole discretion; and, 10.10.3 placement of City’s logo on any Event-related material produced by Pacific Airshow at the sole discretion of the Pacific Airshow; and, 10.10.4 placement of City’s logo and City’s banner advertisements on all Event websites managed or controlled by Pacific Airshow at Pacific Airshow’s sole discretion. City’s brand guidelines shall be provided by City to Pacific Airshow. 217 Page 9 of 18 11. CERTAIN CITY OBLIGATIONS As required by the Settlement Agreement: 11.1 Annual Event. As set forth herein, Pacific Airshow shall have the right to conduct at least one Event per year on dates selected by Pacific Airshow pursuant to the terms and conditions contained in this Agreement. City will work with Pacific Airshow to accommodate the requested dates. To mitigate any potential concerns with the Bolsa Chica Ecological Reserve, including any nesting seasons, the Event will not be conducted between March 15th and September 15th of each year. 11.2 Environmental Review. City at its sole cost and expense, has completed the environmental review process in compliance with the California Environmental Quality Act (CEQA) for the Event and all future events covered within the scope of the Environmental Impact Report (EIR). City will make available to Pacific Airshow the technical studies, reports and work product generated as part of the CEQA process. Once the EIR is certified and the challenge period is over, any future CEQA requirements necessitated by a substantive change in scope made by Pacific Airshow shall be at the sole cost and expense of Pacific Airshow. 11.3 Future Environmental Review and Compliance. The existing Environmental Impact Report analyzed the impacts of the Event for 10 years. Any additional environmental review or compliance, including monitoring or mitigation, necessary pursuant to CEQA within the scope of the existing Project/EIR, shall be paid by the City. If the scope of the Project analyzed pursuant to CEQA changes Pacific Airshow shall pay for all such costs associated with such changes. Any compliance, monitoring, or mitigation measures, imposed by any regulatory agency including without limitation, mitigation measures, imposed by the Coastal Commission/Coastal Development Permit shall be paid by Pacific Airshow. The City will indemnify, hold harmless, and defend Pacific Airshow from any claims, suits, damages, or costs (including attorney’s fees) to third parties arising out of or in connection with CEQA compliance caused, or undertaken by City. City shall not be liable for any damages, however so incurred, by Pacific Airshow by reason of a lawsuit challenging the environmental review or any provisions of this Agreement. 11.4 Parking. Pursuant to Section 2 b. ii. of the Settlement Agreement as modified herein, City grants Pacific Airshow the exclusive use of and right to monetize the City Parking Spaces, at no cost to Pacific Airshow, during the dates of the Event(s). For clarification purposes, during the dates of an Event, the City Parking Spaces includes any City Parking Spaces Pacific Airshow elects to use or monetize. Pacific Airshow shall also have the exclusive use of up to 600 City Parking Spaces, at no cost to Pacific Airshow, for 14 days prior to dates of an Event for load-in, and 12 days following dates of an Event for load-out as required by Pacific Airshow's operational needs related to an Event (inclusive of any embedded multi-day musical festival). Pacific Airshow shall have discretion over where the operational parking is to be allocated and be granted the exclusive right to operate the Huntington Street entrance to the beach parking lots as required by their operational needs. Should Pacific Airshow require additional parking above and beyond this allocation, the price shall be set at $10 per City Parking 218 Page 10 of 18 Space per day. During Pacific Airshow's use of City Parking Spaces pursuant to this Agreement, the City shall staff the parking lots with personnel and kiosk attendants at City's expense. 11.5 Beginning in 2030, the City will retain the rate of $10 per space for each parking space actually sold by Pacific Airshow, up to the total number of City Parking Spaces available for sale by Pacific Airshow for each Event year. The $10 per space retained by the City shall be automatically increased by the Consumer Price Index each year starting in 2031. 11.6 RV Camping. City grants Pacific Airshow the exclusive use of, control of, and right to monetize any RV Camping in/of the City Parking Spaces, where such RV Camping is allowed by law, at no cost to Pacific Airshow, during the dates of an Event. Additionally, Pacific Airshow shall have the exclusive use of up to 15 RV camping spaces for 14 days prior to the dates of an Event for load-in and 12 days following dates of an Event for load-out, as required by Pacific Airshow's operational needs. The City shall work with Pacific Airshow to ensure that public camping reservations do not interfere with Pacific Airshow’s use and operational needs of the RV camping lot. During Pacific Airshow's use of RV Camping Spaces pursuant to this Agreement, the City shall staff the lots with personnel and kiosk attendants at City's expense. Beginning in 2030, the City will retain a rate of $100 per RV space for each RV parking space actually sold by Pacific Airshow. The $100 per space retained by the City shall be automatically increased by the Consumer Price Index each year starting in 2031. 11.7 Fees and Costs. 11.7.1 Pursuant to section 2 b. (iv) of the Settlement Agreement, City shall waive and not require Pacific Airshow to pay City fees and costs (including but not limited to, all public safety fees [marine safety, police, fire, etc.], application fees, permit fees, beach maintenance fees, setup & take-down fees, banner placement fees, public works, electrician/electrical, and restroom maintenance/cleaning fees, road and street closure fees, pollution prevention fees, etc.) for Pacific Airshow for any such fees and costs incurred in connection with an Event. 11.7.2 City shall assist Pacific Airshow in mitigating all 3rd party fees related to public safety and permits (including OC Sheriff's Department fees, State Park fees, permit fees, etc.), and 3rd party public works, restroom, refuse/trash, and road closure fees, by providing as much of the services as possible from the City's resources and trade relationships to diminish the need for 3rd party services. 11.8 The City shall enact and adopt any necessary rules, policies, and procedures to effectuate the terms and spirit of this Agreement. 12. INSURANCE. 12.1 Insurance Coverages. Prior to Pacific Airshow commencement of any activities under this Agreement or pursuant to a related Specific Event Permit, and without limiting Pacific Airshow’s indemnification obligation to City, Pacific Airshow shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, for the duration of the applicable Specific Event Permit, primary policies of insurance of the type and amounts below, issued by an insurance company currently authorized by the Insurance Commissioner to 219 Page 11 of 18 transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by City, which shall cover the City and all elected and appointed officers, employees and agents of City, as provided for herein. Not more frequently than once each calendar year, if in the opinion of the City the coverages or the limits of insurances described herein are not adequate, Pacific Airshow shall increase the limits and/or provide such additional coverages as required by the City. Pacific Airshow expressly agrees that City bears no responsibility or liability for cancelation, event stoppages, closures, delays, changes, or any other condition or event caused by Pacific Airshow’s inability or delay obtaining the required insurance. 12.1.1 Commercial General Liability Insurance. A policy of commercial general liability insurance, with coverage at least as broad as Insurance Services Office (“ISO”) form CG 00 01, written on a per occurrence basis for bodily injury, personal injury and property damage. Defense costs must be paid in addition to limits. Coverage for an additional insured shall not be limited to its vicarious liability. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. Limits shall be no less than $10,000,000 per occurrence for all covered losses and no less than $10,000,000 general aggregate. 12.1.2 Worker’s Compensation Insurance. A policy of worker’s compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for Pacific Airshow against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by Pacific Airshow in the course of carrying out the work or services contemplated in this Agreement or arising under this Agreement. 12.1.3 Aircraft Liability. A policy of comprehensive aircraft liability insurance written on a per occurrence basis covering bodily injury and property damage in an amount not less than $1,000,000 combined single limit for each accident. Said policy shall be obtained by the performers and shall include coverage for owned, non-owned, leased, hired aircraft and any aircraft 12.1.4 Subcontractors. In the event Pacific Airshow subcontracts any portion of the promotion, management or operation of an Event, Pacific Airshow shall either: 1) include each subcontractor as insureds under its policies of insurance required herein; or, 2) Pacific Airshow shall furnish to City all documentation, required herein for Pacific Airshow, for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. 12.2 General Insurance Requirements. 12.2.1 Proof of Insurance, Enforcement and Notice. No activities under this Agreement shall commence until both Pacific Airshow has provided City with insurance certificates, endorsement forms and appropriate insurance binders evidencing the above insurance coverages, as well as said documentation is approved by City. City reserves the right 220 Page 12 of 18 to inspect complete, certified copies of, and endorsements to, all required insurance policies, at any time. Any failure to comply with the reporting or other provisions of the policies, including breaches or warranties, shall not affect coverage provided to City. In the event any insurance policy required under this Agreement is cancelled or amended (and the insurance policy is not replaced pursuant to Section 12.2.2 below), or does not comply with the requirements herein, then: 1) City has the right but not the duty to obtain insurance required herein and any premium paid by City will be promptly reimbursed by Pacific Airshow; or, 2) City, notwithstanding any other provisions of this Agreement, may immediately terminate this Agreement and/or revoke the applicable Specific Event Permit, at the sole discretion of the City. Pacific Airshow shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Pacific Airshow’s actions or inactions under this Agreement, and that involve or may involve coverage under any of the required insurance policies. 12.2.2 Cancellation/Amendment. All of herein required policies of insurance shall provide the insurance may not be amended or cancelled by insurer or any Party hereto without providing thirty (30) calendar days prior written notice (with exception of ten (10) calendar days prior written notice for nonpayment) to City. In the event any of said policies of insurance are amended or cancelled, Pacific Airshow shall, five (5) business days prior to the cancellation date, submit new evidence of insurance in conformance with this Agreement to City. 12.2.3 Additional Insureds. All of the insurance policies herein provided for shall name City and its elected and appointed officers, employees and agents (“City Parties”) as additional insureds and such coverage shall contain no special limitations on the scope of protection afforded to City and City Parties. A severability of interests provision must apply to all additional insureds ensuring that Pacific Airshow’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability, and policies of insurance shall not contain any cross-liability exclusions. 12.2.4 Primary, Subrogation, Contribution and Coverage. All of the above policies of insurance shall be primary insurance, except for any claims arising out of City’s breach of this Agreement, misconduct or negligence, in which case, City’s policies of insurance shall be primary. The insurers for above policies, Pacific Airshow and any subcontractors are all deemed hereof to waive all rights of subrogation and contribution they may have against City or City Parties, and their respective insurers, and all insurance policies required herein shall be endorsed to waive such rights. For any claims arising out of Pacific Airshow’s breach of this Agreement, misconduct or negligence, any insurance maintained by City or City Parties will apply in excess of, and not contribute with, Pacific Airshow’s insurance. If Pacific Airshow maintains broader coverage and/or higher limits than the minimum amounts provided herein, City requires and shall be entitled to the broader coverage and/or higher limits maintained by Pacific Airshow. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City and City Parties. None of the coverages required herein will be in compliance with this Agreement if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. Requirements of specific coverage features or limits contained herein are not intended as a limitation on coverage, limits or other requirements, or a waiver of any 221 Page 13 of 18 coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any Party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 12.2.5 Limitations, Self-Insured Retention and Deductibles. Pacific Airshow agrees that requirements herein shall not be construed as limiting in any way the extent to which Pacific Airshow may be held responsible for the payment of damages to any persons or property resulting from Pacific Airshow’s activities or the activities of any person or persons for which Pacific Airshow is otherwise responsible nor shall it limit Pacific Airshow’s indemnification liabilities as provided herein. All insurance policies must specify that where the primary insured does not satisfy any self-insured retention, any additional insured may satisfy the self-insured retention. Any deductibles or self-insured retentions must be declared to and approved by City. At City’s option, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects to City and City Parties, or Pacific Airshow shall procure a bond guaranteeing payment of losses and related investigations, claim administration, attorney’s fees, defense expenses and claims. 13. INDEMNITY. 13.1 General Obligations. Pacific Airshow agrees, to the full extent permitted by law, to indemnify, protect, defend and hold harmless City (inclusive of City’s subsidiaries, , and elected and appointed officers), its employees and agents (and each of their respective directors, officers, employees, contractors, volunteers, representatives, and agents) (each an “Indemnitee” and collectively, “Indemnitees”) against, and will hold and save them and each of them harmless from, whether actual or threatened, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities (herein “Claims or Liabilities”) that may be asserted or claimed by any person, firm or entity directly arising out of, the work, operations or activities provided herein of Pacific Airshow, its officers, employees, agents, or subcontractors, or invitees, or any individual or entity for which Pacific Airshow is legally liable (each an “Indemnitor” and collectively, “Indemnitors”), or arising from Indemnitors’ reckless or willful misconduct, or arising from Indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement or of an applicable Specific Event Permit, and in connection therewith: 1) Pacific Airshow will defend any action or actions filed or threatened in connection with any such Claims or Liabilities. and, 2) Pacific Airshow will promptly pay any judgment rendered against Indemnitee(s) for any such Claims or Liabilities and will save and hold Indemnitee(s) harmless therefrom. Notwithstanding anything herein, Pacific Airshow shall have no duty to indemnify the Indemnitees if the Claims or Liabilities arise out of or in connection with (1) the negligence or misconduct of any third party or (2) any of the Indemnitees’ breach of this Agreement, reckless or willful misconduct, or gross negligence. 13.2 Further Provisions. The indemnity obligation herein shall be binding on successors, assigns and heirs of Pacific Airshow and shall survive termination of this Agreement. Failure of City and/or City Parties (collectively “City” for solely this Section 13.2) to monitor compliance with any of the indemnification provisions herein shall not be a waiver hereof. The indemnification provisions herein do not apply to Claims or Liabilities occurring as a result of 222 Page 14 of 18 City’s negligence or willful misconduct. The indemnification provided herein includes Claims or Liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Indemnitors, both arising from Event activities, as well as in the performance of this Agreement and the applicable Specific Event Permit. In the event of any dispute between Pacific Airshow and City, as to whether liability arises from the negligence or willful misconduct of City, each Party will be obligated to pay for its own defense until such time as a final judgment has been entered adjudicating each Party’s fault. 14. ASSIGNMENT, TRANSFER. The benefits under this Agreement shall be granted to and inure to Pacific Airshow, and any affiliate, assignee, transferee, subsidiary or parent of Pacific Airshow, as designated by Pacific Airshow and approved by the City (“Pacific Airshow's Designee”). Pacific Airshow shall have the right to assign or transfer the rights and interest under this Agreement to a party of Pacific Airshow’s designation, i.e., Pacific Airshow’s Designee, who must be approved by the City. Such approval by the City shall not be withheld, unless five or more of seven members of the City Council vote to withhold approval. In the event Pacific Airshow notifies City in writing with the name of Pacific Airshow's proposed designee, and the City does not respond to such designation in writing within 45 days of the notification, Pacific Airshow’s proposed designee shall be deemed approved by the City. Notification to City by Pacific Airshow shall be in writing to the City Attorney, the City Manager, and each of the members of the City Council. 15. NOTICES. 15.1 Any notice or other communication either Party desires or is required to give to the other Party or any other person in regards to this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, as follows: If to City: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 If to Pacific Airshow: Pacific Airshow, LLC 5252 Bolsa Avenue Huntington Beach, CA 92649 15.2 Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. 16. FORCE MAJEURE. In the event either Party is prevented from performing any of its obligations, under either this Agreement or an applicable Specific Event Permit, by reason 223 Page 15 of 18 of any event outside of such Party’s control, including, without limitation, fire, weather, unsafe conditions, volcano, explosion, flood, landslide, epidemic, acts of nature, war, terrorism, or other hostilities, strike, civil commotion, domestic or foreign governmental acts, orders, or regulations (“Force Majeure Event”), then such obligations of such Party during the duration of such Force Majeure Event, and for a reasonable time thereafter, will be suspended. In the case of cancellation of an Event due to a Force Majeure Event, the Parties agree to negotiate a date to reschedule such Event if practicable. If such canceled Event cannot reasonably be rescheduled or relocated within the City, neither Party shall be deemed to be in breach of this Agreement solely because of such cancellation. Neither any such cancellation, rescheduling, or relocation, nor the inability to reschedule or relocate, will, by itself, cause this Agreement to terminate. 17. RELATIONSHIP OF THE PARTIES. The Parties are acting herein solely as independent contractors. Nothing herein contained will create or be construed as creating a partnership, joint venture, or agency relationship between the Parties. Each Party acknowledges and agrees that it neither has nor will give the appearance or impression of having any legal authority to bind or commit the other Party in any way. Each Party will be solely responsible for all wages, income taxes, worker’s compensation, and any other requirements for all personnel it supplies in connection with this Agreement. 18. GOVERNING LAW. Notwithstanding the place where this Agreement may be executed by either Party, this Agreement and any claim, controversy, dispute or other matter arising hereunder or related hereto (whether by contract, tort or otherwise) shall be governed in accordance with the laws of the State of California, without regard to the conflict of laws provisions thereof that would result in the application of the laws of any other jurisdiction. In any litigation arising out of or relating to this Agreement, the Parties agree that venue shall be solely in either the United States District Court, Central District of California, or a California state court located in Orange County, California. 19. ATTORNEY’S FEES. If either Party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall NOT be entitled to attorney’s fees. 20. MUNICIPAL POWERS. Nothing contained in this Agreement shall be construed as a limitation upon the powers and authority of City as a Chartered City of the State of California. 21. RIGHTS AND REMEDIES. The rights and remedies provided by this Agreement are given in addition to any other rights and remedies either Party may have by law, statute, ordinance or otherwise. All such rights and remedies are intended to be cumulative, and the use of any one right or remedy by either Party shall not preclude or waive its right to any or all other rights or remedies. 22. TIME IS OF THE ESSENCE. Time is of the essence in the performance of each and every provision contained within this Agreement. 224 Page 16 of 18 23. DEFAULT. Upon default by either Party in performance of any of the terms and conditions required by this Agreement, the non-defaulting Party may give notice to the defaulting Party and the reasons for the default. The written notice shall include the timeframe in which the defaulting Party may cure the default. This timeframe is presumptively five (5) business days, but may be extended, or reduced, if circumstances warrant, as determined by the non-defaulting Party. Circumstances warranting an immediate timeframe to cure include, but are not limited to, when a default involves either public safety or immediate waste or damage to property. Any failure on the part of the non-defaulting Party to give notice of the default shall not be deemed to result in a waiver of non-defaulting Party’s legal rights or any rights arising out of any provision of this Agreement. 24. NO ORAL OR IMPLIED WAIVERS OR MODIFICATIONS. If either Party fails to enforce any of the provisions of this Agreement or any rights hereunder or fails to exercise any election provided in this Agreement, it will not be considered to be a waiver of those provisions, rights or elections or in any way affect the validity of this Agreement. The failure of either Party to exercise any of these provisions, rights or elections will not preclude or prejudice such Party from later enforcing or exercising the same or any other provisions, rights or elections which it may have under this Agreement. No waiver will be of any force or effect unless set forth in a writing signed by the Party whose right is being waived. Subject to the immediately preceding sentence, no modifications to this Agreement will be binding upon the Parties unless modified, amended, cancelled, renewed, or extended in a writing signed by both Parties. 25. ENTIRE AGREEMENT. This Agreement (including all exhibits hereto) sets forth the entire agreement and understanding of the Parties relating to the subject matter hereof, and, with respect to such subject matter, supersedes and replaces all prior agreements, arrangements and understandings, written or oral, between the Parties. Except as may be expressly set forth herein, there are no promises, conditions, representations, understanding, interpretations or terms of any kind as conditions or inducement to the execution hereof or in effect between the Parties. Notwithstanding anything herein, and except for provisions in express conflict with this Agreement, the Settlement Agreement and General Release dated May 9, 2023, entered between the Parties, shall remain a separate and binding and enforceable contract between the Parties. 26. INTERPRETATION. The section headings included in this Agreement are for convenience of reference only and will not affect or be utilized in construing or interpreting this Agreement. If any term, clause or provision hereof is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, such invalidity will not affect the validity or operation of any other term, clause or provision and such invalid term, clause, or provision will be deemed to be severed from this Agreement. Neither this Agreement nor any provision herein will be construed in favor or against either Party based on which Party drafted this Agreement or such provision. 27. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES. No officer or employee of City shall be personally liable to Pacific Airshow, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Pacific 225 Page 17 of 18 Airshow or to its successor, or for breach of any obligation of the terms of this Agreement or of an applicable Specific Event Permit. 28. COVENANT AGAINST DISCRIMINATION. Pacific Airshow covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of age, sex, race, color, religion, ancestry, national origin or other protected class in the performance of the activities and uses provided for by this Agreement. 29. COUNTERPARTS. This Agreement may be executed in counterparts, each of which will be deemed an original binding document but all of which will constitute one and the same instrument. 30. CORPORATE AUTHORITY. The persons executing this Agreement on behalf of the Parties hereto warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) entering into this Agreement does not violate any provision of any other agreement to which said Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties. [SIGNATURES ON FOLLOWING PAGE] 226 Page 18 of 18 IN WITNESS WHEREOF, City and Pacific Airshow have executed this Agreement to be effective as of the Effective Date. CITY: CITY OF HUNTINGTON BEACH, a California municipal corporation and Charter City Mayor, City of Huntington Beach APPROVED AS TO FORM: Mike Vigliotta City Attorney, City of Huntington Beach PACIFIC AIRSHOW: PACIFIC AIRSHOW, LLC, a California limited liability company ______________________________________ [Name] _____________________________ [Title] ______________________________ [Name] _____________________________ [Title] ______________________________ APPROVED AS TO FORM: _________________________ Attorney for Pacific Airshow, LLC 227 228 SETTLEMENT AGREEMENT AND GENERAL RELEASE This Settlement Agreement and General Release (the "Agreement"), is entered into effective May 9, 2023, by Plaintiff PACIFIC AIRSHOW LLC ("PA") and Defendant CITY OF HUNTINGTON BEACH (the "CITY"). PA and the CITY are collectively referred to as the "Parties." RECITALS WHEREAS, on or about October I, 2021, an oil rig and connected pipelines located off the coast of Long Beach, California had a breach, spilling oil into the Pacific Ocean ("Oil Spill"); WHEREAS, on or about October 21, 2022, PA filed a complaint against the CITY and KIM CARR, an individual, in the civil action now pending in the Orange County Superior Comt, styled Pacific Airshow, LLC v. City of Huntington Beach, Case No. 30-2022-01287749-CU-BC- CJC (the "Action"); WHEREAS, PA alleged five causes of action against the CITY -(I) Breach of Contract; (2) Intentional Interference with Contractual Relations; (3) Intentional Interference with Prospective Economic Advantage; (4) Negligent Interference with Prospective Economic Advantage; and (5) Violation of 42 U.S.C. § 1983; WHEREAS, the City, on its own behalf and on behalf of its agents, representatives, employees, and assigns, has denied and continues to deny any wrongdoing and any liability in connection with the allegations in the Action; WHEREAS, the Patties now desire to settle any and all claims related to and arising from the Action and enter into this Agreement; WHEREAS, KIM CARR is not a party to this settlement or Agreement; WHEREAS, the Parties freely and knowingly, and after due consultation with their respective counsel, enter into this Agreement intending to waive, settle, and release all claims they have or may have against each other, except as provided herein; NOW, THEREFORE, in consideration of the mutual promises and covenants hereinafter set forth, which incorporate by this reference the Recitals set forth above, the Parties agree as follows: SETTLEMENT TERMS The Parties, and each of them, represent and warrant that they have full authority to enter into this Agreement pursuant to the following terms: I. Payment for Settlement. In exchange for the promises, release, and consideration herein: a. The CITY shall pay PA Four Million Nine Hundred Ninety-Nine Thousand Page 1 o/91 Settlement Agreement and General Release 229 Dollars ($4,999,000.00) plus inflation interest ("Settlement Funds"), as follows: i. $1,999,000.00 due on or before July 31, 2023; ii. $500,000.00 due by January 30, 2024; 111. $500,000.00 due by January 30, 2025; 1v. $500,000.00 due by January 30, 2026; v. $500,000.00 due by January 30, 2027; v1. $500,000.00 due by January 30, 2028; and, v11. $500,000.00 plus inflation interest due by January 30, 2029. At the CITY's option, the CITY may pre-pay this payment by January 30, 2028, in order for the CITY to avoid the inflation interest. Inflation interest shall be calculated on Jan. 30, 2029 using the "CPI Inflation Calculator" available on the U.S. Bureau of Labor Statistics website (https://www.bls.gov/data/inflation calculator.htm): "$500,000.00 in March 2023 has the same buying power as $X in Jan. 30, 2029 [ or closest date possible]". Inflation interest due under this Agreement shall be the difference between $X and $500,000.00, if $X is greater than $500,000.00. If$X is less than $500,000.00, inflation interest due under this Agreement shall be 0. In the event the CPI Inflation Calculator is not available on the U.S. Bureau of Labor Statistics website, inflation interest shall accrue and compound annually from March 14, 2023 to January 30, 2029, based on the percent change in Consumer Price Index for each year. Notwithstanding anything herein, inflation interest shall not ever be negative under this Agreement -i.e. the minimum payment due under this 7th installment of the Settlement Funds shall not be less than $500,000.00 b. The CITY shall pay the Settlement Funds via wire transfer to a bank account designated by PA; c. The CITY shall forever waive and discharge the Specific Events Invoice in the amount of $194,945.35 related to the 2021 airshow and associated events conducted by PA in the CITY ("2021 Specific Events Invoice"). By this Agreement, there shall be no liability, claim, debt, or obligation against PA related to or arising out of the 2021 Specific Events Invoice, and the CITY forever and fully releases, waives, and settles any and all claims, losses, damages, expenses, or fees, of whatever nature, known or unknown, relating to or arising out of the 2021 Specific Events Invoice; d. The CITY shall refund the fees paid by PA towards the 2022 Specific Events Invoice. The refund shall be provided to PA in the form of a credit in the amount of $149,200.00, which may be applied toward any future Specific Events Page 2 oJ9 I Settlement Agreement and General Release 230 Invoice(s) for the benefit of PA or PA's affiliates and/or designees, as elected by PA in PA's sole discretion. e. As with past Air Show Special Events Permits, for the 2023 Air Show Event, the CITY shall waive parking space fees for PA for up to 600 "CITY Parking Spaces" (as defined herein) for usage during the time to prepare/load-in/set up the Air Show, the Air Show performance/event dates, and takedown/load-out; and, PA shall receive from the CITY the parking offset consistent with what PA has received in the past for previous Special Events Permits, in an amount not less than $110,000. 2. Future Air Show Events. In exchange for the promises and consideration herein, the CITY shall provide the following benefits to PA for any and all future airshow events (inclusive of any embedded multi-day musical festival) (hereinafter air show and embedded music festival, if any, together as "Air Show Event") that PA may conduct in the CITY in 2024 and thereafter: a. The CITY has already taken action to commence the process of environmental review, pursuant to California Environmental Quality Act ("CEQA"), for any annual Air Show Event(s) conducted by PA. The CITY will complete this environmental review as soon as practical for future Air Show Events, at its expense. b. If PA desires to conduct future Air Show Event(s) (after 2023), PA and CITY will enter into a separate Air Show Event Agreement after the aforementioned environmental review pursuant to CEQA is complete. That Air Show Event Agreement for future Air Show Events will be based on, and supported by, the completed aforementioned CEQA environmental review, and consistent with the terms of this Agreement. The future Air Show Event Agreement will expressly provide the benefits conferred to PA by the CITY under this Agreement, including Sections 2.b.i. through 2.b.viii. 1. PA shall be granted the right and ability to conduct at least 1 Air Show Event per year, on dates selected by PA. PA shall have the exclusive right to conduct and operate the Air Show Event in the CITY. After the completion of the environmental review referenced in Section 2.a. above, PA shall have the exclusive right and ability to conduct annual Air Show Events in the CITY for IO years starting from 2024, with options to renew this 10 year term up to 3 times, for 3 additional 10 year te1ms. This option to renew may be exercised by PA, at PA's sole discretion, as early as anytime during the 7th year of any IO year term. ii. The CITY shall grant PA the exclusive use of and right to monetize up to 3,500 CITY Parking Spaces ("CITY Parking Spaces" is defined as those public parking spaces located at the Pier Plaza & amphitheater parking (Sixth St.) parking lots, CITY beach parking lots, and Main St. parking garage, which are available for public use and not already encumbered or reserved by a law enforcement agency (to provide law Page 3 oJ9 I Settlement Agreement and General Release 231 enforcement for the Air Show Event) or a business or organization lease as of the date of this Agreement, such as the valet spaces reserved and leased by Duke's Restaurant), at no cost to PA, during the dates of the Air Show Event(s). For clarification purposes, during the dates ofevent, the 3,500 CITY Parking Spaces includes any CITY Parking Spaces PA uses for operational needs. Additionally, PA shall have the exclusive use of up to 600 CITY Parking Spaces, at no cost to PA, for 14 days prior to dates of event for load-in, and 12 days following dates of event for load-out as required by PA's operational needs related to the airshow event (inclusive of any embedded multi-day musical festival). PA shall have discretion over where the operational parking is to be allocated and be granted the exclusive right to operate the Huntington Street entrance to the beach parking lots as required by their operational needs. Should PA require additional parking above and beyond this allocation, the price shall be set at $ I 0.00 per CITY Parking Space per day. During PA's use of CITY Parking Spaces pursuant to this Agreement, the CITY shall staff the parking lots with personnel and kiosk attendants at CITY's expense. iii. The CITY shall grant PA the exclusive use of, control of, and right to monetize any RV camping in/of the CITY Parking Spaces at no cost to PA, during the dates of the Air Show Event(s). Additionally, PA shall have the exclusive use ofup to 15 RV camping spaces for 14 days prior to the dates of event for load-in and 12 days following dates of event for load-out, as required by PA's operational needs. The CITY shall work with PA to ensure that public camping reservations do not interfere with PA' s use and operational needs of the RV camping lot. 1v. The CITY shall waive all CITY fees and costs (including but not limited to all public safety fees [marine safety, police, fire, etc.], application fees, permit fees, beach maintenance fees, setup & take-down fees, banner placement fees, public works, electrician/electrical, and restroom maintenance/cleaning fees, road and street closure fees, etc.) for PA for any such fees and costs incurred in connection with the Air Show Event(s). v. The CITY shall assist PA in mitigating all 3rd party fees related to public safety and permits (including OC Sheriffs Department fees, State Park fees, permit fees, etc.), and 3rd party public works, restroom, refuse/trash, and road closure fees, by providing as much of the services as possible from the CITY's resources and trade relationships to diminish the need for 3rd party services. v1. Any Air Show Event shall not be revoked, modified, or cancelled by the CITY for any reason, except by the written determination by the CITY's Unified Command ( comprised of, among other possible agencies, Huntington Beach Police Department, Huntington Beach Fire Page 4 of9 ] Settlement Agreement and General Re/ease 232 Department, Huntington Beach Marine Safety, City Attorney, FBI, FAA, Coast Guard, and other agencies that may comprise the Unified Command) of a justifiable health and/or safety crisis, provided that PA is notified and consulted prior to any such determination by the CITY' s Unified Command, PA participates in the determination by the CITY's Unified Command, and any revocation, modification, or cancellation is coordinated with PA. v11. The CITY shall enact/adopt any necessary rules, policies and procedures to effectuate the tenns and spirit of this Agreement, specifically including this Section 2. viii. The benefits under this Section 2 shall be granted to and inure to PA, and any affiliate, assignee, transferee, subsidiary or parent of PA, as designated by PA and approved by the CITY ("PA's Designee"). PA shall have the right to assign or transfer the rights and interest under this Section 2 to a party of PA's designation, i.e., PA's Designee, who must be approved by the CITY. Such approval by the CITY shall not be withheld, unless five or more of seven members of the City Council vote to withhold approval. In the event PA notifies CITY in writing with the name of PA's proposed designee, and the CITY does not respond to such designation in writing within 30 days of the notification, PA's proposed designee shall be deemed approved by the CITY. Notification to CITY by PA shall be in writing to the City Attorney, the City Manager, and each of the members of the City Council. 3. Claims against Amplify Energy Corporation. In the event the CITY pursues any claims or suits related to the Oil Spill against any third party, including without limitation, Amplify Energy Corporation or any shipping company ("Oil Spill Action"): a. The CITY shall pay to PA up to a total of$2,000,000 of the CITY's net recovery after attorneys' fees and costs in the Oil Spill Action that are attributable to damages PA sustained. b. Nothing in this Agreement shall affect, modify, limit or restrict PA's standing or right to pursue claims related to the Oil Spill against any third party, including, but not limited to, Amplify Energy Corporation, shipping companies, or other potential tortfeasors. PA expressly reserves all rights and interests in claims against any third parties related to the Oil Spill, including without limitation, claims for economic and/or noneconomic damages, and for loss of goodwill and reputation. c. Nothing in this Agreement shall affect, modify, limit or restrict the CITY's standing or right to pursue claims related to the Oil Spill against any third party, including, but not limited to contribution, apportionment, indemnity or other payments of amounts paid under this agreement from Amplify Energy Corporation, shipping companies, or other potential tortfeasors. The CITY Page 5 oJ9 I Settlement Agreement and General Release 233 expressly reserve all rights and interests in claims against any third parties related to the Oil Spill. 4. Dismissal with Prejudice. Within 3 calendar days of PA's receipt of the first payment of$1,999,000 listed under Section l(a)(i) above, PA shall file with the Orange County Superior Court a Request for Dismissal with Prejudice of the Action as to the CITY. 5. Mutual Release of Claims by the Parties. Except for the obligations set forth in this Agreement, the Parties, and each of them, for themselves and their agents, representatives, parent corporations, shareholders, owners, subsidiaries, affiliated businesses, officers, directors, employees, council members, heirs or assigns, past, present, or future, will and hereby do, forever release and discharge the other Party, and their agents, representatives, parent corporations, shareholders, owners, subsidiaries, affiliated businesses, insurers, officers, directors, employees, attorneys, heirs or assigns, past, present, or future, from any and all causes of action, judgment, liens, indebtedness, damages, losses, claims, liability, and demands of every kind and character that were or could have been raised in the Action or with the 2021 Specific Events Invoice. KIM CARR is not a released party under this Agreement. 6. Waiver of California Civil Code § 1542. To effectuate a full and complete general release as described above, the Parties expressly waive and relinquish all rights and benefits of§ 1542 of the Civil Code of the State of California and do so understanding and acknowledging the significance and consequence of specifically waiving § 1542. Section 1542 of the Civil Code of the State of California states as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. 7. Continuing Jurisdiction. The Parties shall request that the court retain jurisdiction under California Code of Civil Procedure § 664.6 to enforce the terms of this Agreement. 8. Confidentiality. The Parties agree that neither they, their attorneys, agents, or employees shall disclose to any person, directly or indirectly, the terms of this Agreement except as required by State law, and as follows: a. Each of the Parties may disclose to third parties the fact that any disputes between the Parties have been satisfactorily resolved; b. Each of the Parties may disclose information to any accountant or tax advisor to the extent reasonably necessary for the purpose of tax planning and preparation of any tax returns; c. Each of the Parties may respond to any subpoena, comi order, or other lawful process compelling disclosure of this Agreement or its terms, provided that prior notice of Page 6 oJ9 I Settlement Agreement and General Release 234 any subpoena, court order, or lawful process served on any one of the Parties shall be given to the other Parties to enable such Parties at their sole discretion to take any legal action they deem appropriate. 9. No Admission of Liability. The Parties are entering into this Agreement to compromise disputed claims and to avoid the expense, stress, and uncertainty of continued litigation, and their entry into this Agreement shall not be construed as an admission or finding of liability on the part of any party, which liability is expressly denied. 10. Waiver of Costs. Each of the Patties shall bear his or its own costs and attorneys' fees, if any, and each of the Parties hereby waives their rights, if any, to recover such costs or fees from the other Parties. II. General Provisions. a. Severability. Should any of the provisions of this Agreement be declared or be determined by any court to be illegal or invalid, the validity of the remaining parts, terms or provisions shall not be affected thereby and said illegal or invalid part, term or provision shall be deemed not to be a part of this Agreement. b. Headings. The paragraph headings used in this Agreement are intended solely for convenience of reference and shall not in any manner amplify, limit, modify or otherwise be used in the interpretation of any of the provisions hereof. c. Representation by Counsel. The Parties acknowledge and agree that all Parties have been represented by counsel, or had the opportunity to be represented by counsel, and have participated in the drafting of this Agreement. d. Successors. This Agreement shall be binding upon the Parties and upon the Parties' heirs, administrators, representatives, executors, successors, and assigns, and shall inure to the benefit of the other Patties and to their respective heirs, administrators, representatives, executors, successors, and assigns in accordance with Section 2.i. herein. e. Counterpart and Facsimile. This Agreement may be signed in separate counterpaits, with each counterpart having the full force and effect of an original. Any signature to this Agreement shall be deemed an original signature even if the signature is transmitted by facsimile or a pdf. Fmther, California, Civil Code §§ 1633.1-1633.17 shall apply. f. Affirmation Regarding Claims. Each of the Patties represents and warrants that they are the current owner of any and all claims that they are releasing and that no prior assignment of any such claims has taken place. g. Amendment. This Agreement may not be modified, altered, or changed except upon express written consent of all Parties wherein specific reference is made to this Agreement. Page 7 oJ9 I Settlement Agreement and General Release 235 h. Joint Drafting. This Agreement shall be deemed to have been prepared jointly and shall not be strictly construed against any party. i. Volnntary Execution. Each of the Parties has executed this Agreement voluntarily, after consultation with their respective counsel, with full knowledge of its significance, and with the express intention of it having effect. Each of the Parties has made such investigation of the facts, as each deemed necessary. j. Acknowledgment of Authority. Each person signing this Agreement on behalf of any of the Parties which is an entity, corporation or a limited liability company, represents and warrants that they have the full authority and pe1mission to execute and deliver this document on behalf of the entity for which they are signing, and to bind that entity and that entity's successors and assigns. k. Governing Law. This Agreement shall be governed by, and constrned in accordance with, the laws of the State of California without regard to conflict oflaws. Any action or proceeding arising from this Agreement shall be brought and maintained only in a court located in Orange County, California and the Parties agree to, submit to, and agree not to challenge, the jurisdiction of any such court. I. Good Faith. All Parties hereby expressly covenant to deal with each other in good faith regarding all actions, decisions and conduct relating to this Agreement. THE UNDERSIGNED HA VE READ THE FOREGOING, FULLY UNDERSTAND, AND AGREE AS SET FORTH HEREIN. PLAINTIFF DATED: May_8_, 2023 APPROVED AS TO FORM FOR PLAINTIFF DA TED: May _8_, 2023 Page 8 of9 ! Sertlemen( Agreement and General Release Kevin Elliott CEO ATTORNEY FOR PLAINTIFF PACIFIC AIRSHOW LLC Suoo Lee 236 FOR AND ON BEHALF OF ALL DEFENDANTS DATED : May _&_, 2023 DATED: May __ , 2023 MAYOR CITY OF HUNTINGTON BEACH Tony Strickland CITY CLERK CITY OF HUNTINGTON BEACH Robin Estanislau THE UNDERSIGNED REPRESENTS THAT THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH HAS D ULY AU THORIZED nus SETTLEMENT WITH PACIFIC AIRSHOW LLC, THAT THE MAYOR AND CITY CLERK OF THE CITY OF HUNTINGTON BEACH ARE AUTHORIZED TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY PER CITY CHARTER SE N 613, A 4" THJS AGREEMENT WILL BE ADMINISTERED CONSISTENT WITH Y CH TE . DATED: May 15 , 2023 CIT NAG CITY OF TING ON BEACH A l Ze linka ~u::.µ~ ~A,-.>~ TO ,Jr"/ U\IIJ(I~~ C\7'( ~( I\... f!Jl~-r•tv, lV APPROVED AS TO FORM FOR CITY OF HUNTINGTON BEACH ~ t-,tA'( 2... ·"2-()"2--3:» DATED: May L ,2 023 C ATTORNEY ITY OF HUNTINGTON BEACH Page 9 o/91 Selllemell/ Agr eeme nt and General Release 237 FOR AND ON BEHALF OF ALL DEFENDANTS DATED: May i_, 2023 DATED: May J__, 2023 CITY OF HUNTINGTON BEACH Tony Strickland ATIEST:~v~ CITCLERK CITY OF HUNTINGTON BEACH Robin Estanislau THE UNDERSIGNED REPRESENTS THAT THE CITY COUNCIL OF THE C ITY OF HUNTINGTON BEACH HAS DULY AUTHORJZED THIS SETTLEMENT WITH PACIFIC AIRSHOW LLC , THAT T HE MAYOR AND CITY CLERK OF THE CITY OF HUNTINGTON BEACH ARE AUTHORJZED TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY PER CITY CHARTER SECTION 613 , AND THAT THIS AGREEMENT WILL BE ADMINISTERED CONSISTENT WITH CITY CHARTER. DATED : May __ , 2023 CITY MANAGER CITY OF HUNTINGTON BEACH Al Zelinka APPROVED AS TO FORM FOR CITY OF HUNTINGTON BEACH DATED: May __ , 2023 Page 9 oJ9 I Selllement Agreemenl and General Release CITY ATTORNEY CITY OF HUNTINGTON BEACH M ichael E. Gates City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-664 MEETING DATE:9/2/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Travis Hopkins, City Manager VIA:Jennifer Villasenor, Director of Community Development PREPARED BY:Marco Cuevas Jr., Associate Planner Subject: Appeal of the Planning Commission’s approval of Conditional Use Permit Nos. 25-007 and 25- 014 (Huntington Beach Sports Complex) Statement of Issue: Transmitted for City Council’s consideration are Conditional Use Permit (CUP) Nos. 25-007 and 25- 014, a request to allow the sales, service, and consumption of beer and wine (ABC Type 41 License) within a proposed approximately 5,200 sq. ft. outdoor dining area for an eating and drinking establishment with full table service at two locations at the Huntington Beach Sports Complex. Financial Impact: Not Applicable Planning Commission Action: A) Find Conditional Use Permit Nos. 25-007 and 25-014 categorically exempt from the California Environmental Quality Act (CEQA) pursuant to section 15301, Class 1. B) Approve Conditional Use Permit No. 25-007 with suggested findings and conditions of approval (Attachment No. 1). C) Approve Conditional Use Permit No. 25-014 with suggested findings and conditions of approval (Attachment No. 2). Alternative Action(s): A) Do not make the suggested findings, which will result in a mandatory denial per Section 241.10(C) of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO). B) Continue Conditional Use Permit Nos. 25-007 and 25-014, and direct staff accordingly. Analysis: A.PROJECT PROPOSAL: Applicant: Matt Olmstead, HBSC Partners, 18100 Goldenwest Street, Huntington Beach, CACity of Huntington Beach Printed on 8/28/2025Page 1 of 4 powered by Legistar™ 238 File #:25-664 MEETING DATE:9/2/2025 Applicant: Matt Olmstead, HBSC Partners, 18100 Goldenwest Street, Huntington Beach, CA 92648 Conditional Use Permit Nos. 25-007 and 25-014 - to allow the sales, service, and consumption of beer and wine (ABC Type 41 License) within a proposed approximately 5,200 sq. ft. outdoor dining area for an eating and drinking establishment with full table service at two locations at the Huntington Beach Sports Complex. B.PLANNING COMMISSION MEETING AND RECOMMENDATION: On August 5, 2025, the Planning Commission held a public hearing regarding the Conditional Use Permits. The applicant was present to answer questions. There were 14 speakers in opposition to the request due to concerns with the location, proximity to youth, and public safety. The following information in response to Planning Commission questions at the hearing is being provided: ·The building code does not require the use of a non-climbable outdoor dining barrier design for the project due to proximity to a playground. ·There is one restaurant in Central Park (Kathy May’s) that currently serves alcohol. ·The California Department of Alcoholic Beverage Control has not yet approved the license for the projects. The City must first complete the CUP process. ·The proposed alcohol service at 18260 Goldenwest Street and 7300 Talbert Avenue will be located approximately 80 feet and 8 feet respectively from the adjacent playground. (Updated since the Planning Commission hearing.) The Planning Commission approved the projects with the following revised conditions: ·The outdoor dining barrier shall consist of a solid material in lieu of cables ·Add delineators to provide a clear path to the designated customer walk up window ·All alcoholic beverages shall be ordered and consumed from the dining/bar top table only and delivered to guests by service staff ·Security staff shall be provided during alcohol service ·Alcohol service shall be limited to between the hours of noon to closing (no later than 10:00 PM) Planning Commission Action on August 5, 2025: A motion was made by Thienes, seconded by Goldberg, to approve CUP No. 25-007 with revised conditions carried by the following vote: AYES: Thienes, Goldberg, Palmer, Babineau NOES: Pellman, McGee, Bush ABSTAIN: None MOTION PASSED A motion was made by Goldberg, seconded by Thienes, to approve CUP No. 25-014 with revised City of Huntington Beach Printed on 8/28/2025Page 2 of 4 powered by Legistar™ 239 File #:25-664 MEETING DATE:9/2/2025 conditions carried by the following vote: AYES: Thienes, Goldberg, Palmer, Babineau NOES: Pellman, McGee, Bush ABSTAIN: None MOTION PASSED C.APPEAL On August 7, 2025, the project was appealed by City Council Member Chad Williams citing concerns raised by the public during the August 5th Planning Commission meeting. D.STAFF ANALYSIS: The August 5, 2025, Planning Commission staff reports provide a more detailed description and analysis of the proposed CUPs (Attachment No. 10). Concerns related to public safety, and beer and wine service in close proximity to youth sports and playgrounds were discussed during the hearings. To address concerns, the Planning Commission modified conditions of the CUPs to include solid outdoor dining barriers, added security, limiting hours of operation for beer and wine service, and restricting service and consumption of beer and wine to dining/bar top tables. While most patrons to the establishments are anticipated to order food and non-alcoholic beverages, the beer and wine beverages are considered ancillary to the main menu. The provisions added by the Planning Commission would further control the beer and wine service and consumption within the confined dining areas. The Police Department has also reviewed the request, and their requirements have been incorporated into the conditions of approval. Furthermore, the operators would still need to obtain Type 41 licenses from the Department of Alcoholic Beverage Control prior to any service of beer and wine. Lastly, staff received letters in support and opposition to the CUPs (Attachment No. 13). In summary, the Planning Commission recommends approval of CUP Nos. 25-007 and 25-014 based on the findings provided in Attachment Nos. 1 and 2. Environmental Status: CUP Nos. 25-007 and 25-014 are categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines because the projects will allow for beer and wine service within an approximately 5,200 sq. ft. outdoor dining area with full table service in conjunction with an existing eating and drinking establishment with no expansion to the existing buildings. Strategic Plan Goal: Goal 2 - Fiscal Stability, Strategy A - Consider new revenue sources and opportunities to support the City's priority initiatives and projects. Attachment(s): City of Huntington Beach Printed on 8/28/2025Page 3 of 4 powered by Legistar™ 240 File #:25-664 MEETING DATE:9/2/2025 1.Suggested Findings and Conditions of Approval - CUP No. 25-007 2.Suggested Findings and Conditions of Approval - CUP No. 25-014 3.Plans received and dated July 16, 2025 4.Project Narrative 5.Vicinity Maps 6.PC Notices of Action 7.Draft PC Meeting Minutes 8.Appeal received and dated August 7, 2025 9.Code Requirements 10.August 5, 2025, Planning Commission Staff Reports 11.ZA Meeting Minutes 12.PowerPoint Presentation 13. Letters in support and opposition City of Huntington Beach Printed on 8/28/2025Page 4 of 4 powered by Legistar™ 241 Attachment 1.1 ATTACHMENT NO. 1 SUGGESTED FINDINGS AND CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 25-007 SUGGESTED FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The City Council finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15301 of the CEQA Guidelines because the project will allow for beer and wine service within an approximately 5,200 sq. ft. outdoor dining area with full table service in conjunction with an existing eating and drinking establishment; and the project does not involve an expansion to an existing structure. SUGGESTED FINDINGS FOR APPROVAL – CONDITIONAL USE PERMIT NO. 25-007: 1. Conditional Use Permit No. 25-007 to allow the sales, service, and consumption of beer and wine (ABC License Type 41) within a proposed approximately 5,200 sq. ft. outdoor dining area for an eating and drinking establishment with full table service at the Huntington Beach Sports Complex will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood because the use is located within an existing open space park setting. The use is primarily an eating and drinking establishment and the request for alcohol service is ancillary to the primary use. The establishment of a restaurant with service of beer and wine sales will benefit and serve the surrounding area by providing a new service and all operations associated with the proposed use will occur within the delineated outdoor dining area. Although the requested use is proposed to take place within a public park setting, the outdoor patio dining area will be provided with a fence barrier, and a condition has been placed that no alcoholic beverages shall be consumed on any property adjacent to the licensed premises and must be consumed within the demarcated eating establishment’s patio dining area. The sale, service and consumption of beer and wine within the proposed outdoor dining area is not anticipated to generate additional noise, traffic, or impacts above existing conditions. Furthermore, the eating and drinking establishment is oriented on the east side of Goldenwest Street between Talbert Avenue and Ellis Avenue, with the outdoor dining patio facing existing baseball fields two and three, with the closest residences located over 450 ft. to the south. 2. The granting of Conditional Use Permit No. 25-007 to allow the sales, service, and consumption of beer and wine (ABC License Type 41) within a proposed approximately 5,200 sq. ft. outdoor dining area for an eating and drinking establishment with full t able service at the Huntington Beach Sports Complex will not adversely affect the General Plan because it is consistent with the Land Use Element designation of OS-P (Open Space – Park) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: Land Use Element Policy LU-11 (A): Encourage a variety of commercial uses that cater to local and regional demand to create an environment that meets resident needs and increases the capture of sales tax revenues. 242 Attachment 1.2 Goal LU-13: The city provides opportunities for new businesses and employees to ensure a high quality of life and thriving industry. Policy LU-13 (A): Encourage expansion of the range of goods and services provided to accommodate the needs of all residents and the market area. Goal LU-14: Huntington Beach continues to attract visitors and provides a variety of attractions and accommodations during their stay. Policy LU-14 (B): Encourage both coastal and inland visitor serving uses to offer a wide spectrum of opportunities for residents and visitors. Environmental Resources and Conservation Element Policy ERC-1 (H): Administer the City’s open space program in a manner that supports lands, resources, and services provided in regional parks, open spaces, and conservation plans. Policy ERC-2 (B): Ensure that buildings, equipment, fields, and other recreation amenities are in full use and capable of accommodating changing program demands. The request will expand the range of goods and services provided at the Huntington Beach Sports Complex by permitting the ancillary sale of beer and wine in conjunction with an eating and drinking establishment in a safe manner for residents and customers from the surrounding area. The establishment provides expanded goods and services to meet the needs of the area and will add to the capture of sales tax revenue. The proposed use is in conjunction with an existing eating and drinking establishment within the Huntington Beach Sports Complex in Central Park. The expansion of beer and wine service at existing Sports Complex concessions will enhance the visitor experience and make the Sports Complex a more marketable amenity in attracting new user groups, events and tournaments. 3. The granting of Conditional Use Permit No. 25-007 to allow the sales, service, and consumption of beer and wine (ABC License Type 41) within a proposed approximately 5,200 sq. ft. outdoor dining area for an eating and drinking establishment with full table service at the Huntington Beach Sports Complex will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) because beer and wine sales within eating and drinking establishments with full table service are permitted subject to a Conditional Use Permit within the Open Space – Parks and Recreation Subdistrict. The proposed outdoor patio dining area will be located within the premises of an existing eating and drinking establishment building, which conforms to applicable site development standards, including parking. SUGGESTED CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 25-007: 1. The site plan, floor plan and elevations received and dated July 16, 2025, and the narrative received and dated July 8, 2025, shall be the conceptually approved design with the following modifications: a. Designate a customer walk up window to provide fast service for non-alcohol related items for take-out only. (DRB) 243 Attachment 1.3 b. The outdoor barrier shall be designed to conform with Condition of Approval No. 27 requiring that the barrier be designed in a manner that will prohibit the passing of alcohol beverages through the barrier. c. The outdoor dining barrier shall be a solid material in lieu of cables. (PC added) d. Add delineators to provide a clear path to the designated customer walk up window per Condition No. 1a. (PC added) 2. All proposed signage shall be reviewed and approved by the Community Development Department under a separate permit prior to installation. 3. Applicant shall provide full table service for outdoor dining patio area during operational hours. (HBZSO Sec 213.06) 4. All alcoholic beverages shall be ordered and consumed from the dining/bar top table only and delivered to guests by service staff. (PC modified) 5. All dine-in guests shall order food and beverage items from their table and shall be delivered by service staff. 6. Security staff shall be provided during alcohol service. (PC added) 7. Alcohol service shall be limited to between the hours of noon to closing (no later than 10:00 PM). (PC added) 8. The business shall obtain an Alcohol Beverage Control (ABC) license authorizing alcohol use in the business and outdoor patio. All ABC requirements shall be met prior to sales, service, or consumption of alcoholic beverages. (PD) 9. All areas of the alcohol business that are accessible to patrons shall be illuminated such that the appearance and conduct of all people in the alcohol business are visible from inside the alcohol business. (PD) 10. Food service from the regular menu must be available to patrons up to one hour before the scheduled closing time, including a cook and food servers shall be on duty. (PD) 11. An employee of the alcohol business must monitor all areas where alcohol is served. (PD) 12. Alcoholic drinks shall not be included in the price of admission. (PD) 13. All alcohol shall remain within alcohol business premises, including outdoor dining area. (PD) 14. Service of alcoholic beverages for consumption off-site shall not be permitted. (PD) 15. There shall be no requirement for patrons to purchase a minimum number of alcoholic drinks. (PD) 16. Games or contests requiring or involving consumption of alcoholic beverages shall be prohibited. (PD) 244 Attachment 1.4 17. No reduced price or promotions of alcoholic beverages shall be allowed after 7:00 p.m. (PD) 18. Last call for drinks shall be no later than 15 minutes before closing. (PD) 19. Mandatory Responsible Beverage Service (RBS) training and certification shall be required for new employees within 60 days of being hired and for existing employees every 12 months. Training shall be provided by ABC or an ABC approved RBS trainer and records of the training must be maintained on-site for review. (PD) 20. All owners, employees, representatives, and agents must obey all federal, state, and local laws. In addition, all conditions of the Conditional Use Permit, Alcoholic Beverage Control License and any other regulations, provisions, or restrictions prescribed by an agency with jurisdiction over the premises are required as part of the CUP to be followed. (PD) 21. The establishment shall employ a video surveillance security system with a minimum of one- month video library recorded to a DVR or Cloud based system. The camera’s minimum requirements will be: clear, color, digital and able to record in low light. The business shall ensure all public areas surrounding the business, including entrances and exits, are covered by video surveillance. Electronic copies of video must be made available to the Huntington Beach Police Department within 48 hours of request. Digital recordings shall be made available for viewing on-scene upon request by police personnel conducting investigations. You are required to have someone able to operate the system on duty during all business hours. (PD) 22. There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Exclusion: Itemized alcoholic beverage items listed on menu boards that are permanently affixed to the interior or exterior of the building are allowed. (PD) 23. Signage, posters, and advertising with “Do Not Drink and Drive" shall be posted in the outdoor dining areas. (PD) 24. Signs shall be posted in a conspicuous space at the entrance/exit of the outdoor dining area which shall state,” NO ALCOHOLIC BEVERAGES BEYOND THIS POINT." (PD) 25. Dancing and/or dance floor and/or live entertainment is prohibited. (Note: a new or amended Conditional Use Permit and an Entertainment Permit issued by the City is required for these additional activities). (PD) 26. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. (PD) 27. The patio shall have a physical barrier of a minimum of 36 inches in height surrounding the outdoor dining area and designed in a manner that will prohibit passing of alcohol beverages through the barrier. (PD) 28. No dining shall be permitted in the outdoor patio areas between the hours of 10:00 PM and 7:00 AM. (PD) 29. CUP No. 25-007 shall become null and void unless exercised within two years of the date of final approval or such extension of time as may be granted by the Director pursuant to a 245 Attachment 1.5 written request submitted to the Community Development Department a minimum 30 days prior to the expiration date. 30. The Development Services Departments and divisions (Building & Safety, Fire, Planning and Public Works) shall be responsible for ensuring compliance with all applicable code requirements and conditions of approval. The Director of Community Development may approve minor amendments to plans and/or conditions of approval as appropriate based on changed circumstances, new information or other relevant factors. Any proposed plan/project revisions shall be called out on the plan sets submitted for building permits. Permits shall not be issued until the Development Services Departments have reviewed and approved the proposed changes for conformance with the intent of the City Council’s action. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the City Council may be required pursuant to the provisions of HBZSO Section 241.18. INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney’s fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. 246 Attachment 2.1 ATTACHMENT NO. 2 SUGGESTED FINDINGS AND CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 25-014 SUGGESTED FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The City Council finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15301 of the CEQA Guidelines because the project will allow for beer and wine service within an approximately 5,200 sq. ft. outdoor dining area with full table service in conjunction with an existing eating and drinking establishment; and the project does not involve an expansion to an existing structure. SUGGESTED FINDINGS FOR APPROVAL – CONDITIONAL USE PERMIT NO. 25-014: 1. Conditional Use Permit No. 25-014 to allow the sales, service, and consumption of beer and wine (ABC License Type 41) within a proposed approximately 5,200 sq. ft. outdoor dining area for an eating and drinking establishment with full table service at the Huntington Beach Sports Complex will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood because the use is located within an existing open space park setting. The use is primarily an eating and drinking establishment and the request for alcohol service is ancillary to the primary use. The establishment of a restaurant with service of beer and wine sales will benefit and serve the surrounding area by providing a new service and all operations associated with the proposed use will occur within the delineated outdoor dining area. Although the requested use is proposed to take place within a public park setting, the outdoor patio dining area will be provided with a fence barrier, and a condition has been placed that no alcoholic beverages shall be consumed on any property adjacent to the licensed premises and must be consumed within the demarcated eating establishment’s patio dining area. The sale, service and consumption of beer and wine within the proposed outdoor dining area is not anticipated to generate additional noise, traffic, or impacts above existing conditions. Furthermore, the eating and drinking establishment is oriented south of Talbert Avenue, facing the existing surface parking lot, with the closest residences located over 2,000 feet to the northwest and southwest. 2. The granting of Conditional Use Permit No. 25-014 to allow the sales, service, and consumption of beer and wine (ABC License Type 41) within a proposed approximately 5,200 sq. ft. outdoor dining area for an eating and drinking establishment with full table service at the Huntington Beach Sports Complex will not adversely affect the General Plan because it is consistent with the Land Use Element designation of OS-P (Open Space – Park) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: Land Use Element Policy LU-11 (A): Encourage a variety of commercial uses that cater to local and regional demand to create an environment that meets resident needs and increases the capture of sales tax revenues. 247 Attachment 2.2 Goal LU-13: The city provides opportunities for new businesses and employees to ensure a high quality of life and thriving industry. Policy LU-13 (A): Encourage expansion of the range of goods and services provided to accommodate the needs of all residents and the market area. Goal LU-14: Huntington Beach continues to attract visitors and provides a variety of attractions and accommodations during their stay. Policy LU-14 (B): Encourage both coastal and inland visitor serving uses to offer a wide spectrum of opportunities for residents and visitors. Environmental Resources and Conservation Element Policy ERC-1 (H): Administer the City’s open space program in a manner that supports lands, resources, and services provided in regional parks, open spaces, and conservation plans. Policy ERC-2 (B): Ensure that buildings, equipment, fields, and other recreation amenities are in full use and capable of accommodating changing program demands. The request will expand the range of goods and services provided at the Huntington Beach Sports Complex by permitting the ancillary sale of beer and wine in conjunction with an eating and drinking establishment in a safe manner for residents and customers from the surrounding area. The establishment provides expanded goods and services to meet the needs of the area and will add to the capture of sales tax revenue. The proposed use is in conjunction with an existing eating and drinking establishment within the Huntington Beach Sports Complex in Central Park. The expansion of beer and wine service at existing Sports Complex concessions will enhance the visitor experience and make the Sports Complex a more marketable amenity in attracting new user groups, events and tournaments. 3. The granting of Conditional Use Permit No. 25-014 to allow the sales, service, and consumption of beer and wine (ABC License Type 41) within a proposed approximately 5,200 sq. ft. outdoor dining area for an eating and drinking establishment with full table service at the Huntington Beach Sports Complex will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) because beer and wine sales within eating and drinking establishments with full table service are permitted subject to a Conditional Use Permit within the Open Space – Parks and Recreation Subdistrict. The proposed outdoor patio dining area will be located within the premises of an existing eating and drinking establishment building, which conforms to applicable sit e development standards, including parking. SUGGESTED CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 25-014: 1. The site plan, floor plan, and elevations received and dated July 16, 2025, and the narrative received and dated July 8, 2025, shall be the conceptually approved design with the following modifications: a. Designate a customer walk up window to provide fast service for non-alcohol related items for take-out only. (DRB) 248 Attachment 2.3 b. The outdoor barrier shall be designed to conform with Condition of Approval No. 27 requiring that the barrier be designed in a manner that will prohibit the passing of alcohol beverages through the barrier. c. The outdoor dining barrier shall be a solid material in lieu of cables. (PC added) d. Add delineators to provide a clear path to the designated customer walk up window per Condition No. 1a. (PC added) 2. All proposed signage shall be reviewed and approved by the Community Development Department under a separate permit prior to installation. 3. Applicant shall provide full table service for outdoor dining patio area during operational hours. (HBZSO Sec 213.06) 4. All alcoholic beverages shall be ordered and consumed from the dining/bar top table only and delivered to guests by service staff. (PC modified) 5. All dine-in guests shall order food and beverage items from their table and shall be delivered by service staff. 6. Security staff shall be provided during alcohol service. (PC added) 7. Alcohol service shall be limited to between the hours of noon to closing (no later than 10:00 PM). (PC added) 8. The business shall obtain an Alcohol Beverage Control (ABC) license authorizing alcohol use in the business and outdoor patio. All ABC requirements shall be met prior to sales, service, or consumption of alcoholic beverages. (PD) 9. All areas of the alcohol business that are accessible to patrons shall be illuminated such that the appearance and conduct of all people in the alcohol business are visible from inside the alcohol business. (PD) 10. Food service from the regular menu must be available to patrons up to one hour before the scheduled closing time, including a cook and food servers shall be on duty. (PD) 11. An employee of the alcohol business must monitor all areas where alcohol is served. (PD) 12. Alcoholic drinks shall not be included in the price of admission. (PD) 13. All alcohol shall remain within alcohol business premises, including outdoor dining area. (PD) 14. Service of alcoholic beverages for consumption off-site shall not be permitted. (PD) 15. There shall be no requirement for patrons to purchase a minimum number of alcoholic drinks. (PD) 16. Games or contests requiring or involving consumption of alcoholic beverages shall be prohibited. (PD) 249 Attachment 2.4 17. No reduced price or promotions of alcoholic beverages shall be allowed after 7:00 p.m. (PD) 18. Last call for drinks shall be no later than 15 minutes before closing. (PD) 19. Mandatory Responsible Beverage Service (RBS) training and certification shall be required for new employees within 60 days of being hired and for existing employees every 12months. Training shall be provided by ABC or an ABC approved RBS trainer and records of the training must be maintained on-site for review. (PD) 20. All owners, employees, representatives, and agents must obey all federal, state, and local laws. In addition, all conditions of the Conditional Use Permit, Alcoholic Beverage Control License and any other regulations, provisions, or restrictions prescribed by an agency with jurisdiction over the premises are required as part of the CUP to be followed. (PD) 21. The establishment shall employ a video surveillance security system with a minimum of one- month video library recorded to a DVR or Cloud based system. The camera’s minimum requirements will be: clear, color, digital and able to record in low light. The business shall ensure all public areas surrounding the business, including entrances and exits, are covered by video surveillance. Electronic copies of video must be made available to the Huntington Beach Police Department within 48 hours of request. Digital recordings shall be made available for viewing on-scene upon request by police personnel conducting investigations. You are required to have someone able to operate the system on duty during all business hours. (PD) 22. There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Exclusion: Itemized alcoholic beverage items listed on menu boards that are permanently affixed to the interior or exterior of the building are allowed. (PD) 23. Signage, posters, and advertising with “Do Not Drink and Drive" shall be posted in the outdoor dining areas. (PD) 24. Signs shall be posted in a conspicuous space at the entrance/exit of the outdoor dining area which shall state,” NO ALCOHOLIC BEVERAGES BEYOND THIS POINT." (PD) 25. Dancing and/or dance floor and/or live entertainment is prohibited. (Note: a new or amended Conditional Use Permit and an Entertainment Permit issued by the City is required for these additional activities). (PD) 26. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. (PD) 27. The patio shall have a physical barrier of a minimum of 36 inches in height surrounding the outdoor dining area and designed in a manner that will prohibit passing of alcohol beverages through the barrier. (PD) 28. No dining shall be permitted in the outdoor patio areas between the hours of 10:00 PM and 7:00 AM. (PD) 29. CUP No. 25-014 shall become null and void unless exercised within two years of the date of final approval or such extension of time as may be granted by the Director pursuant to a 250 Attachment 2.5 written request submitted to the Community Development Department a minimum 30 days prior to the expiration date. 30. The Development Services Departments and divisions (Building & Safety, Fire, Planning and Public Works) shall be responsible for ensuring compliance with all applicable code requirements and conditions of approval. The Director of Community Development may approve minor amendments to plans and/or conditions of approval as appropriate based on changed circumstances, new information or other relevant factors. Any proposed plan/project revisions shall be called out on the plan sets submitted for building permits. Permits shall not be issued until the Development Services Departments have reviewed and approved the proposed changes for conformance with the intent of the City Council’s action. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the City Council may be required pursuant to the provisions of HBZSO Section 241.18. INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney’s fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. 251 SCALE 1/8" = 1'-0"1PARTIAL SITE PLAN / PLOT PLAN REGULATORY REQUIREMENTS: A. CONFORM TO APPLICABLE LOCAL CODE FOR DEMOLITION OF STRUCTURES, SAFETY OF ADJACENT STRUCTURES, DUST CONTROL AND RUNOFF CONTROL. B. OBTAIN REQUIRED PERMITS AND LICENSES FROM AUTHORITIES. PAY ASSOCIATED FEES INCLUDING DISPOSAL CHARGES. C. NOTIFY AFFECTED UTILITY COMPANIES BEFORE STARTING WORK AND COMPLY WITH THEIR REQUIREMENTS. D. DO NOT CLOSE OR OBSTRUCT ROADWAYS, SIDEWALKS OR HYDRANTS WITHOUT PERMITS. E. CONFORM TO APPLICABLE REGULATORY PROCEDURES WHEN DISCOVERING HAZARDOUS OR CONTAMINATED MATERIALS. F. INFORM OWNER AND CITY IMMEDIATELY IF BURIED TANKS ARE ENCOUNTERED. JOB CONDITIONS: A. STRUCTURES TO BE DEMOLISHED SHALL BE DISCONTINUED IN USE AND VACATED PRIOR TO START OF WORK. B. OWNER ASSUMES NO RESPONSIBILITY FOR CONDITION OF STRUCTURES TO BE DEMOLISHED. C. CONDITIONS EXISTING AT TIME OF INSPECTION FOR BIDDING PURPOSES WILL BE MAINTAINED BY OWNER IN SO FAR AS PRACTICABLE. VARIATIONS WITHIN STRUCTURES MAY OCCUR BY OWNER'S REMOVAL AND SALVAGE OPERATIONS PRIOR TO START OF DEMOLITION WORK. PREPARATION: A. PROTECT EXISTING LANDSCAPING MATERIALS, APPURTENANCES AND STRUCTURES WHICH ARE NOT BE DEMOLISHED. REPAIR DAMAGE CAUSED BY DEMOLITION OPERATIONS AT NO COST TO OWNER. B. PREVENT MOVEMENT OR SETTLEMENT OF ADJACENT STRUCTURES. PROVIDE BRACING AND SHORING. C. MARK LOCATION OF UTILITIES. PROTECT AND MAINTAIN IN SAFE AND OPERABLE CONDITION THE UTILITIES TO REMAIN. PREVENT INTERRUPTION OF EXISTING UTILITY SERVICE OCCUPIED OR USED FACILITIES, EXCEPT WHEN AUTHORIZED IN WRITING BY AUTHORITIES HAVING JURISDICTION. PROVIDE TEMPORARY SERVICES DURING INTERRUPTIONS TO EXISTING UTILITIES AS ACCEPTABLE TO GOVERNING AUTHORITIES. DEMOLITION REQUIREMENTS: A. CONDUCT DEMOLITION TO MINIMIZE INTERFERENCE WITH ADJACENT STRUCTURES OR PAVEMENTS. B. CEASE OPERATIONS IMMEDIATELY IF ADJACENT STRUCTURES APPEAR TO BE IN DANGER. NOTIFY AUTHORITY HAVING JURISDICTION. DO NOT RESUME OPERATIONS UNTIL DIRECTED. C. CONDUCT OPERATIONS WITH MINIMUM INTERFERENCE TO PUBLIC OR PRIVATE ACCESS. MAINTAIN ACCESS AND EGRESS AT ALL TIMES. F. COMPLY WITH GOVERNING REGULATIONS PERTAINING TO ENVIRONMENTAL PROTECTION. G. CLEAN ADJACENT STRUCTURES AND IMPROVEMENTS OF DUST, DIRT, AND DEBRIS CAUSED DEMO. OPERATIONS. RETURN ADJACENT AREAS TO CONDITION EXISTING PRIOR TO START OF WORK. PROTECTION: A. LOCATE AND IDENTIFY EXISTING UTILITIES THAT ARE TO REMAIN AND PROTECT THEM FROM DAMAGE. B. PROTECT TREES, PLANT GROWTH AND FEATURES DESIGNATED TO REMAIN AS FINAL LANDSCAPE. C. CONDUCT OPERATIONS WITH MINIMUM INTERFERENCE TO PUBLIC OR PRIVATE ACCESSES AND FACILITIES. MAINTAIN ACCESS AND EGRESS AT ALL TIMES AND CLEAN OR SWEEP ANY ROADWAYS DAILY OR AS REQUIRED BY THE GOVERNING AUTHORITY. AT SUCH TIMES AS DEEMED NECESSARY BY THE OWNER. DUST CONTROL SHALL BE PROVIDED WITH SPRINKLING SYSTEMS OR EQUIPMENT PROVIDED BY THE CONTRACTOR. D. PROTECT BENCH MARKS, PROPERTY CORNERS AND ALL OTHER SURVEY MONUMENTS FROM DAMAGE OR DISPLACEMENT. IF A MARKER NEEDS TO BE REMOVED IT SHALL BE REFERENCED BY A LICENSED LAND SURVEYOR AND REPLACED, AS NECESSARY, BY THE SAME. ALL WORK DONE ON PUBLIC RIGHT-OF-WAY SHALL BE DONE PER CITY PUBLIC WORKS STANDARDS. ALL WORK IN THE PUBLIC RIGHTS-OF-WAY SHALL REQUIRED SEPARATE PERMIT FOR ALL WORK. ALL UTILITIES, ELECTRICAL GAS, WATER, TELEPHONE AND CABLE TELEVISION TO BE UNDERGROUND. CONTRACTOR TO COORDINATE WITH UTILITY COMPANIES. CONTACT "DIG ALERT" PRIOR TO ANY EXCAVATION OR TRENCHING. 1-800-422-4133 WM EXISTING WATER METER BY WATER TO REMAIN. NO CHANGES PROPOSED OR REQUIRED EM EXISTING ELECTRIC METER WITH UNDERGROUND SERVICE TO REMAIN. NO CHANGES. AREA OF PROPOSED TENANT IMPROVEMENT / REMODEL PROPERTY LINE PUBLIC WORKS REQUIREMENTS A CONSTRUCTION AND EXCAVATION PERMIT (C&E PERMIT ) IS REQUIRED FROM THE COMMUNITY DEVELOPMENT DEPARTMENT, ENGINEERING PERMITS AND RECORDS DIVISION, FOR ANY WORK IN THE PUBLIC RIGHT-OF-WAY. SYMBOL LEGEND SYMBOL NOTES N SITE DEVELOPMENT/PARKING SPACES 1. 11B-206.1 GENERAL ACCESSIBLE ROUTES SHALL BE PROVIDED IN ACCORDANCE WITH SECTION 11B-206 AND SHALL COMPLY WITH DIVISION 4. 11B-206.2.1 SITE ARRIVAL POINTS AT LEAST ONE ACCESSIBLE ROUTE SHALL BE PROVIDED WITHIN THE SITE FROM ACCESSIBLE PARKING SPACES AND ACCESSIBLE PASSENGER DROP-OFF AND LOADING ZONES; PUBLIC STREETS AND SIDEWALKS; AND PUBLIC TRANSPORTATION STOPS TO THE ACCESSIBLE BUILDING OR FACILITY ENTRANCE THEY SERVE. WHERE MORE THAN ONE ROUTE IS PROVIDED, ALL ROUTES MUST BE ACCESSIBLE. 11B-206.2.2 WITHIN A SITE AT LEAST ONE ACCESSIBLE ROUTE SHALL CONNECT ACCESSIBLE BUILDINGS, ACCESSIBLE FACILITIES, ACCESSIBLE ELEMENTS AND ACCESSIBLE SPACES THAT ARE ON THE SAME SITE. 2. 11B-208.1 GENERAL WHERE PARKING SPACES ARE PROVIDED, PARKING SPACES SHALL BE PROVIDED IN ACCORDANCE WITH SECTION 11B-208. FOR THE PURPOSES OF THIS SECTION, ELECTRIC VEHICLE CHARGING STATIONS ARE NOT PARKING SPACES; SEE SECTION 11B-228. 3. 11B-502.2 VEHICLE SPACES CAR AND VAN PARKING SPACES SHALL BE 216 INCHES (5486 MM) LONG MINIMUM. CAR PARKING SPACES SHALL BE 108 INCHES (2743 MM) WIDE MINIMUM AND VAN PARKING SPACES SHALL BE 144 INCHES (3658 MM) WIDE MINIMUM, SHALL BE MARKED TO DEFINE THE WIDTH, AND SHALL HAVE AN ADJACENT ACCESS AISLE COMPLYING WITH SECTION 11B-502.3. 4. 11B-502.4 FLOOR OR GROUND SURFACES PARKING SPACES AND ACCESS AISLES SERVING THEM SHALL COMPLY WITH SECTION 11B-302. ACCESS AISLES SHALL BE AT THE SAME LEVEL AS THE PARKING SPACES THEY SERVE. CHANGES IN LEVEL, SLOPES EXCEEDING 1:48, AND DETECTABLE WARNINGS SHALL NOT BE PERMITTED. 5. EACH PARKING SPACE RESERVED FOR THE PHYSICALLY HANDICAPPED SHALL BE IDENTIFIED BY A REFLECTORIZED SIGN PERMANENTLY POSTED IMMEDIATELY ADJACENT TO AND VISIBLE FROM EACH STALL OR SPACE, CONSISTING OF A PROFILE VIEW OF A WHEELCHAIR WITH OCCUPANT IN WHITE ON DARK BLUE BACKGROUND. THE SIGN SHALL NOT BE SMALLER THAN 70 SQUARE INCHES IN AREA AND, WHEN IN A PATH OF TRAVEL, SHALL BE POSTED AT A MINIMUM HEIGHT OF 80 INCHES FROM THE BOTTOM OF THE SIGN TO THE PARKING SPACE FINISHED GRADE. SIGNS MAY ALSO BE CENTERED ON THE WALL AT THE INTERIOR END OF THE PARKING SPACE AT A MINIMUM HEIGHT OF 36 INCHES FROM THE PARKING SPACE FINISHED GRADE, GROUND OR SIDEWALK. AN ADDITIONAL SIGN SHALL BE POSTED IN A CONSPICUOUS PLACE AT EACH ENTRANCE TO OFF-STREET PARKING FACILITIES, OR IMMEDIATELY ADJACENT TO AND VISIBLE FROM EACH STALL OR SPACE. THE SIGN SHALL BE NOT LESS THAN 17" X 22" IN SIZE WITH LETTERING NOT LESS THAN 1 INCH IN HEIGHT, WHICH CLEARLY AND CONSPICUOUSLY STATED THE FOLLOWING: "UNAUTHORIZED VEHICLES PARKED IN DESIGNATED HANDICAPPED SPACES NOT DISPLAYING DISTINGUISHING PLACARDS OR SPECIAL LICENSE PLATES ISSUED FOR PHYSICALLY DISABLED PERSONS WILL BE TOWED AWAY AT OWNER'S EXPENSE. TOWED VEHICLES MAY BE RECLAIMED AT _________________________ ACCESSIBLE PATH OF TRAVEL MAXIMUM SLOPE SHALL BE 2.08% WITH A MINIMUM WIDTH OF 48" WIDE CLEAR EXCEPT AT ACCESSIBLE RAMPS. SITE PLAN PLOT PLAN A-101 PROPOSED ENTRANCE MONUMENT SIGN ADA TOILET TOILET TOILET TOILET TOILET TOILET TOILET TOILET TOILET MA I N T I N A N C E PATIO AREA / CONCESSIONS COURTYARD 5,200 SF (E) LANDSCAPE AREA (E) CONCRETE SLAB (N ) 7 ' - 0 " H I G H S C R E E N I N G W A L L W / C L I N G I N G V I N E S 7'-0" HIGH RESTROOM SCREENING WALL 1909 CRAFT BEER & CONCESSIONS EXISTING BUILDING AREA (E) TOT LOT (E) LANDSCAPE AREA (E) LANDSCAPE AREA (E) LANDSCAPE AREA (E) LANDSCAPE AREA (E) LANDSCAPE AREA (E) LANDSCAPE AREA (E) LANDSCAPE AREA (E) LANDSCAPE AREA (E) LANDSCAPE AREA (E) LANDSCAPE AREA (E) CONCRETE SLAB COLUMNS TO MATCH BUILDING SUPPORT COLUMNS COLUMNS TO MATCH BUILDING SUPPORT COLUMNS EXTERIOR GRADE PICNIC TABLE 36" X 96" EXTERIOR GRADE PICNIC TABLE 36" X 96" EXTERIOR GRADE PICNIC TABLE 36" X 96" EXTERIOR GRADE PICNIC TABLE 36" X 96" EXTERIOR GRADE PICNIC TABLE 36" X 96" EXTERIOR GRADE PICNIC TABLE 36" X 96" EXTERIOR GRADE PICNIC TABLE 36" X 36" W/ UMBRELLA EXTERIOR GRADE PICNIC TABLE 36" X 36" W/ UMBRELLA EXTERIOR GRADE PICNIC TABLE 36" X 36" W/ UMBRELLA EXTERIOR GRADE PICNIC TABLE 36" X 36" W/ UMBRELLA EXTERIOR GRADE PICNIC TABLE 36" X 36" W/ UMBRELLA 24" DEEP x 42" HIGH TOP BAR SEATING 24" DEEP x 42" HIGH TOP BAR SEATING 24" DEEP x 42" HIGH TOP BAR SEATING 24" DEEP x 42" HIGH TOP BAR SEATING DRAWN BY: CHECKED BY: PRINTED ON: PERMIT NO: FRANK WRIGHT 07/15/2025 STAMP REVISIONS NO. DATE DESCRIPTION 07/15/25 ABC-COMMENTS SHEET # TITLE NO.OF 1 8 2 6 0 G O L D E N W E S T S T . H U N T I N G T O N B E A C H , C A PR O J E C T T I T L E PR O J E C T A D D R E S S OWNER / TENATE DATE SIGNED 03/31/2025 HBSC PARTNERS DBA: 1909 CRAFT BEER & CONCESSIONS LOUIE PALMERIN 7300 TALBERT ST HUNTINGTON BEACH, CA 92648 19 0 9 C R A F T B E E R & C O N C E S S I O N S SO U T H B U I L D I N G 1152 E. 7TH ST ONTARIO, CALIFORNIA91764 PH. 310-750-8939 FWRIGHT082@GMAIL.COM PLANNING & CONSULTING WRIGHT DESIGN STUDIOS, INC. THIS DESIGN AND DRAWING IS FOR USE ON THE SPECIFIC SITE INDICATED AND IS THE EXCLUSIVE PROPERTY OF W . D. S. AND SHALL NOT BE USED, DUPLICATED OR ALTERED IN PART OR IN WHOLE WITHOUT WRITTEN APPROVAL OF WRIGHT DESIGN STUDIOS, INC. 4'-5"4'-2"5'-6"4'-8" 4' - 6 " 5' - 3 " 9' - 9 " 68 ' - 9 " 19 ' - 9 " 9' - 1 0 " 10 ' - 4 " 15'-6" 10'-4" 20'-3" 10 ' - 4 " 9' - 1 0 " 18 ' - 9 " 28 ' - 8 " 5' - 0 " 28 ' - 8 " 10 1 ' - 3 " 10 8 ' - 8 " 8'-8" 4' - 4 " 3'-6"5'-8"4'-2"4'-5" 19'-6" 5'-1" 5'-0" 7' - 5 " 7' - 5 " 4'-11" 4'-11" 5'-6" 4' - 8 " 14 ' - 1 0 " 10'-5"9'-1" 4'-6" 4'-1" 4'-5" 4' - 8 " 5' - 6 " 4'-1" 48" WIDE SWINGING GATE 48" HIGH STEEL RAILING WITH VERTICAL AIRCRAFT CABLES @ 4" O.C. MAX 48" HIGH STEEL RAILING WITH VERTICAL AIRCRAFT CABLES @ 4" O.C. MAX 48" HIGH STEEL RAILING WITH VERTICAL AIRCRAFT CABLES @ 4" O.C. MAX 48" HIGH STEEL RAILING WITH VERTICAL AIRCRAFT CABLES @ 4" O.C. MAX 48" HIGH STEEL RAILING WITH VERTICAL AIRCRAFT CABLES @ 4" O.C. MAX 48" HIGH STEEL RAILING WITH VERTICAL AIRCRAFT CABLES @ 4" O.C. MAX 48" HIGH STEEL RAILING WITH VERTICAL AIRCRAFT CABLES @ 4" O.C. MAX 48" WIDE SWINGING GATE 60" HIGH WOOD FENCE W/ 6" WIDE HORIZONTAL SLATS W/1" SEPARATION BETWEEN SLATES 59'-4" 252 / I I I I ! / / ' ' ' ' / @JI/ //\\\\ ~ ///4:::J_ ~ , , ., .-.--~· ,: • _ = _ = •• ff®4·' Afr@ ffli / / / / / / / ,_......- ' ' ' ' ' ' ' ' ' I I I I ,f-- ' ---1 I I I ' I I I I I ' I I I I I I I I I I I I / / c/ ', ' ~-------'',,,,"" El □ l'.Z2I W0 [OJ ~ WELCOME TO HUNTINGTON BEACH HUNTINGTON BEACH SPORTS COMPLEX 1909 CRAFT BEER & CONCESSIONS HUNTINGTON BEACH SPORTS COMPLEX 19 0 9 HUNTINGTON BEACH SPORTS COMPLEX CRAFT BEER & CONCESSIONS 1909 CRAFT BEER & CONCESSIONS HUNTINGTON BEACH SPORTS COMPLEX 190 9 HUNTINGTON BEACH SPORTS COMPLEX CRAFT BEER & CONCESSIONS SCALE 1/4"=1'-0"3SOUTH ELEVATION@ BAR SCALE 1/4"=1'-0"1EAST ELEVATION SCALE 1/4"=1'-0"2NORTH ELEVATION SCALE 1/4"=1'-0"4 KEYNOTE LEGEND KEY #DESCRIPTION 100 EXISTING BUILDING TO REMAIN. BUILDING EXTERIOR NOT IN SCOPE. NO CHANGES 105 EXISTING EXTERIOR SUPPORT COLUMN TO REMAIN. NO CHANGES 200 NEW PROPOSED ENTRANCE MONUMENT SIGN. DESIGN TO MATCH EXISTING BUILDING COLUMNS 205 NEW EXTERIOR STONE CLADDING TO MATCH EXISTING BUILDING COLUMN BASES 300 PROPOSED PATIO SCREENING WALL CLADDED WITH TREX ENGINEERED WOOD SIDING / DECKING. INSTALL TO MIN 48" A.F.F. INSTALL WITH COUNTER SEATING AT INTERIOR PATIO SIDE. 400 PROPOSED TENANT SIGNAGE TO BE REVIEWED AND APPROVED UNDER SEPARATE PERMIT. 500 PROPOSED EXTERIOR TAP BAR WITH SMOOTH FINISHED CONCRETE BAR TOP INSTALLED AT 42" A.F.F. EXCEPT AT ACCESSIBLE PORTIONS WHICH WILL BE INSTALLED AT 34" MAX A.F.F. 505 TREX ENGINEERED SIDDING / DECKING TO BE INSTALLED AT BAR FACE. MATCH TO PATIO SCREENING WALL. 600 RESTROOM SCREENING WALL TO MIN 7'-0" A.F.F. CLAD WITH TREX ENGINEERED SIDDING / DECKING. 9' - 1 " 8' - 5 " 17 ' - 6 " 5' - 5 " 26 ' - 3 " 2' - 1 0 " 3' - 6 " 9' - 1 " 7' - 5 " 16 ' - 6 " 6' - 6 " 26 ' - 3 " 3' - 0 " 14'-7"5'-0" 20'-11" 19'-7" 9' - 6 " 2' - 6 " 12 ' - 0 " 13 ' - 0 " 9' - 6 " 2' - 6 " 1' - 0 " 12 ' - 0 " 13 ' - 0 " 40'-4" 8'-2"8'-0"8'-0"8'-0"8'-2" 4' - 0 " 6'-6"7'-11" 7'-11" 54'-9" 7' - 0 " 9' - 1 " 17 ' - 2 " 22 ' - 8 " 32'-4" 200 500 505205400300400100100105 105205 200400 400300600205400300300 205 500 505 9' - 6 " 2' - 6 " 12 ' - 0 " 13 ' - 0 " 9' - 1 " 8' - 5 " 17 ' - 6 " 5' - 5 " 26 ' - 3 " 2' - 1 0 " 3' - 6 " DRAWN BY: CHECKED BY: PRINTED ON: PERMIT NO: FRANK WRIGHT 02/12/2025 STAMP REVISIONS NO. DATE DESCRIPTION 03/31/25 PC1 - CORR. TO CITY SHEET # TITLE NO.OF 1 8 2 6 0 G O L D E N W E S T S T . H U N T I N G T O N B E A C H , C A PR O J E C T T I T L E PR O J E C T A D D R E S S OWNER / TENATE DATE SIGNED 03/31/2025 HBSC PARTNERS DBA: 1909 CRAFT BEER & CONCESSIONS LOUIE PALMERIN 7300 TALBERT ST HUNTINGTON BEACH, CA 92648 19 0 9 C R A F T B E E R & C O N C E S S I O N S SO U T H B U I L D I N G 1152 E. 7TH ST ONTARIO, CALIFORNIA91764 PH. 310-750-8939 FWRIGHT082@GMAIL.COM PLANNING & CONSULTING WRIGHT DESIGN STUDIOS, INC. THIS DESIGN AND DRAWING IS FOR USE ON THE SPECIFIC SITE INDICATED AND IS THE EXCLUSIVE PROPERTY OF W . D. S. AND SHALL NOT BE USED, DUPLICATED OR ALTERED IN PART OR IN WHOLE WITHOUT WRITTEN APPROVAL OF WRIGHT DESIGN STUDIOS, INC. 24016-10000-22265 B24LA13341 / D24LA13341 EXTERIOR ELEVATION A-701 253 'lf l l I l IT C □ -/ ·< CC_ •·-··' I•• ----·-I;/ ·•·_. _ __j -I/ I I I I -I I ,, I I ' I I I I I ' 11 I ' --I . l I ' ' -I ' ' ~ -117 ,- -e -r II l -L__ ' ---, ----, -1 _j L LJ L L L _j . .j L LJ L LJ LJ LJ -I - I --~ C> _,_ __ _ ,-I ' ;:; (,7 i,i ~t:~5f~5 f;:J P<~? i_ I ,_ " ;'·J /--j_ ;,,; /·/ _/·J_j·,{ _/-\ ' I /iL, 'I' '-!, tL ;~, --·· \,."'-~:" ·:.,. \,.~~:-\<. -:'~:•. :,,_ ':-( "'--''c; "1 :: " -.c: '" "·' ,•,·. ,,_ -.,: t1~~I1J:~ J:;7")2:f ;L: J;/~~'{;'.:s J ' ' ' ' - -' -----' --' - - -' -. ' . . . . ·------. ··... · .... II I J , •• ·---. ,-· ,; \ ' ' i n n i i n i n ' I ' ' I I ' I I I I I ' I t I _,,---,' ', ·, I ,,' ,,---' I ------·, 'I' ·, ' ,' ----- " -----·----. -__s-·/ " ', ----- T ' r r II " ', ·---. --" "r--- ' -, __________ - I-H I-I--I-I---r ,- ·--~- ' (' \ ' " , " , " li ' , 'I , -,,--r P'\;C)\ -}>cj:~jl f",, _j'•-,,J,j ~/1 i;J \, • ~'-'\,:"'~:/··1 :,:\;?~, I /~~/-"'['_'.:'.\ r::t ' I i ~•u ·-c:;1_1 I< L='f )' _I ,§KJfl\ ~LI:C; ----::; /'-/, : '..-t:!I I ll./1 1,: IIH!. II:; I~( I If!~ t ,I I :::1 /'-!_ ' ' ' ' ' -I' -I' / -I' -I' -I' r I l II II l /#-4+H= -. 1< .. I'--:. --•', 7/ / \ \' ,,, I 'I ' I I I I ' ', ' ·~ I I ' I I f I I I I I ' I I I I I I II ' I l I I [ l l I l - - -,-. I I I I I I -' -- ' ' . , ' ' ' ' ' i I' ' :fc.j __ , C -~· ;~• ./~L;~;i.j~ij~,_ ~~l~l~), I-'~) ~) r L ) ' ' <:)/\ --2!~~/{)~; ),f:( ,~,:-t:~~; ,( ~??~ :;:j)~';S; 'fc<i1-:i~r:-J /7 'f'{ J .I ' • ' ' ' • ' • . . . . . . DRAWN BY: CHECKED BY: PRINTED ON: PERMIT NO: FRANK WRIGHT 02/12/2025 STAMP REVISIONS NO. DATE DESCRIPTION 03/31/25 PC1 - CORR. TO CITY SHEET # TITLE NO.OF 1 8 2 6 0 G O L D E N W E S T S T . H U N T I N G T O N B E A C H , C A PR O J E C T T I T L E PR O J E C T A D D R E S S OWNER / TENATE DATE SIGNED 03/31/2025 HBSC PARTNERS DBA: 1909 CRAFT BEER & CONCESSIONS LOUIE PALMERIN 7300 TALBERT ST HUNTINGTON BEACH, CA 92648 19 0 9 C R A F T B E E R & C O N C E S S I O N S SO U T H B U I L D I N G 1152 E. 7TH ST ONTARIO, CALIFORNIA91764 PH. 310-750-8939 FWRIGHT082@GMAIL.COM PLANNING & CONSULTING WRIGHT DESIGN STUDIOS, INC. W D S THIS DESIGN AND DRAWING IS FOR USE ON THE SPECIFIC SITE INDICATED AND IS THE EXCLUSIVE PROPERTY OF W . D. S. AND SHALL NOT BE USED, DUPLICATED OR ALTERED IN PART OR IN WHOLE WITHOUT WRITTEN APPROVAL OF WRIGHT DESIGN STUDIOS, INC. 24016-10000-22265 B24LA13341 / D24LA13341 EXTERIOR RENDERING A-702 254 SCALE 1/8" = 1'-0"1PARTIAL SITE PLAN / PLOT PLAN REGULATORY REQUIREMENTS: A. CONFORM TO APPLICABLE LOCAL CODE FOR DEMOLITION OF STRUCTURES, SAFETY OF ADJACENT STRUCTURES, DUST CONTROL AND RUNOFF CONTROL. B. OBTAIN REQUIRED PERMITS AND LICENSES FROM AUTHORITIES. PAY ASSOCIATED FEES INCLUDING DISPOSAL CHARGES. C. NOTIFY AFFECTED UTILITY COMPANIES BEFORE STARTING WORK AND COMPLY WITH THEIR REQUIREMENTS. D. DO NOT CLOSE OR OBSTRUCT ROADWAYS, SIDEWALKS OR HYDRANTS WITHOUT PERMITS. E. CONFORM TO APPLICABLE REGULATORY PROCEDURES WHEN DISCOVERING HAZARDOUS OR CONTAMINATED MATERIALS. F. INFORM OWNER AND CITY IMMEDIATELY IF BURIED TANKS ARE ENCOUNTERED. JOB CONDITIONS: A. STRUCTURES TO BE DEMOLISHED SHALL BE DISCONTINUED IN USE AND VACATED PRIOR TO START OF WORK. B. OWNER ASSUMES NO RESPONSIBILITY FOR CONDITION OF STRUCTURES TO BE DEMOLISHED. C. CONDITIONS EXISTING AT TIME OF INSPECTION FOR BIDDING PURPOSES WILL BE MAINTAINED BY OWNER IN SO FAR AS PRACTICABLE. VARIATIONS WITHIN STRUCTURES MAY OCCUR BY OWNER'S REMOVAL AND SALVAGE OPERATIONS PRIOR TO START OF DEMOLITION WORK. PREPARATION: A. PROTECT EXISTING LANDSCAPING MATERIALS, APPURTENANCES AND STRUCTURES WHICH ARE NOT BE DEMOLISHED. REPAIR DAMAGE CAUSED BY DEMOLITION OPERATIONS AT NO COST TO OWNER. B. PREVENT MOVEMENT OR SETTLEMENT OF ADJACENT STRUCTURES. PROVIDE BRACING AND SHORING. C. MARK LOCATION OF UTILITIES. PROTECT AND MAINTAIN IN SAFE AND OPERABLE CONDITION THE UTILITIES TO REMAIN. PREVENT INTERRUPTION OF EXISTING UTILITY SERVICE OCCUPIED OR USED FACILITIES, EXCEPT WHEN AUTHORIZED IN WRITING BY AUTHORITIES HAVING JURISDICTION. PROVIDE TEMPORARY SERVICES DURING INTERRUPTIONS TO EXISTING UTILITIES AS ACCEPTABLE TO GOVERNING AUTHORITIES. DEMOLITION REQUIREMENTS: A. CONDUCT DEMOLITION TO MINIMIZE INTERFERENCE WITH ADJACENT STRUCTURES OR PAVEMENTS. B. CEASE OPERATIONS IMMEDIATELY IF ADJACENT STRUCTURES APPEAR TO BE IN DANGER. NOTIFY AUTHORITY HAVING JURISDICTION. DO NOT RESUME OPERATIONS UNTIL DIRECTED. C. CONDUCT OPERATIONS WITH MINIMUM INTERFERENCE TO PUBLIC OR PRIVATE ACCESS. MAINTAIN ACCESS AND EGRESS AT ALL TIMES. F. COMPLY WITH GOVERNING REGULATIONS PERTAINING TO ENVIRONMENTAL PROTECTION. G. CLEAN ADJACENT STRUCTURES AND IMPROVEMENTS OF DUST, DIRT, AND DEBRIS CAUSED DEMO. OPERATIONS. RETURN ADJACENT AREAS TO CONDITION EXISTING PRIOR TO START OF WORK. PROTECTION: A. LOCATE AND IDENTIFY EXISTING UTILITIES THAT ARE TO REMAIN AND PROTECT THEM FROM DAMAGE. B. PROTECT TREES, PLANT GROWTH AND FEATURES DESIGNATED TO REMAIN AS FINAL LANDSCAPE. C. CONDUCT OPERATIONS WITH MINIMUM INTERFERENCE TO PUBLIC OR PRIVATE ACCESSES AND FACILITIES. MAINTAIN ACCESS AND EGRESS AT ALL TIMES AND CLEAN OR SWEEP ANY ROADWAYS DAILY OR AS REQUIRED BY THE GOVERNING AUTHORITY. AT SUCH TIMES AS DEEMED NECESSARY BY THE OWNER. DUST CONTROL SHALL BE PROVIDED WITH SPRINKLING SYSTEMS OR EQUIPMENT PROVIDED BY THE CONTRACTOR. D. PROTECT BENCH MARKS, PROPERTY CORNERS AND ALL OTHER SURVEY MONUMENTS FROM DAMAGE OR DISPLACEMENT. IF A MARKER NEEDS TO BE REMOVED IT SHALL BE REFERENCED BY A LICENSED LAND SURVEYOR AND REPLACED, AS NECESSARY, BY THE SAME. ALL WORK DONE ON PUBLIC RIGHT-OF-WAY SHALL BE DONE PER CITY PUBLIC WORKS STANDARDS. ALL WORK IN THE PUBLIC RIGHTS-OF-WAY SHALL REQUIRED SEPARATE PERMIT FOR ALL WORK. ALL UTILITIES, ELECTRICAL GAS, WATER, TELEPHONE AND CABLE TELEVISION TO BE UNDERGROUND. CONTRACTOR TO COORDINATE WITH UTILITY COMPANIES. CONTACT "DIG ALERT" PRIOR TO ANY EXCAVATION OR TRENCHING. 1-800-422-4133 WM EXISTING WATER METER BY WATER TO REMAIN. NO CHANGES PROPOSED OR REQUIRED EM EXISTING ELECTRIC METER WITH UNDERGROUND SERVICE TO REMAIN. NO CHANGES. AREA OF PROPOSED TENANT IMPROVEMENT / REMODEL PROPERTY LINE PUBLIC WORKS REQUIREMENTS A CONSTRUCTION AND EXCAVATION PERMIT (C&E PERMIT ) IS REQUIRED FROM THE COMMUNITY DEVELOPMENT DEPARTMENT, ENGINEERING PERMITS AND RECORDS DIVISION, FOR ANY WORK IN THE PUBLIC RIGHT-OF-WAY. SYMBOL LEGEND SYMBOL NOTES N SITE DEVELOPMENT/PARKING SPACES 1. 11B-206.1 GENERAL ACCESSIBLE ROUTES SHALL BE PROVIDED IN ACCORDANCE WITH SECTION 11B-206 AND SHALL COMPLY WITH DIVISION 4. 11B-206.2.1 SITE ARRIVAL POINTS AT LEAST ONE ACCESSIBLE ROUTE SHALL BE PROVIDED WITHIN THE SITE FROM ACCESSIBLE PARKING SPACES AND ACCESSIBLE PASSENGER DROP-OFF AND LOADING ZONES; PUBLIC STREETS AND SIDEWALKS; AND PUBLIC TRANSPORTATION STOPS TO THE ACCESSIBLE BUILDING OR FACILITY ENTRANCE THEY SERVE. WHERE MORE THAN ONE ROUTE IS PROVIDED, ALL ROUTES MUST BE ACCESSIBLE. 11B-206.2.2 WITHIN A SITE AT LEAST ONE ACCESSIBLE ROUTE SHALL CONNECT ACCESSIBLE BUILDINGS, ACCESSIBLE FACILITIES, ACCESSIBLE ELEMENTS AND ACCESSIBLE SPACES THAT ARE ON THE SAME SITE. 2. 11B-208.1 GENERAL WHERE PARKING SPACES ARE PROVIDED, PARKING SPACES SHALL BE PROVIDED IN ACCORDANCE WITH SECTION 11B-208. FOR THE PURPOSES OF THIS SECTION, ELECTRIC VEHICLE CHARGING STATIONS ARE NOT PARKING SPACES; SEE SECTION 11B-228. 3. 11B-502.2 VEHICLE SPACES CAR AND VAN PARKING SPACES SHALL BE 216 INCHES (5486 MM) LONG MINIMUM. CAR PARKING SPACES SHALL BE 108 INCHES (2743 MM) WIDE MINIMUM AND VAN PARKING SPACES SHALL BE 144 INCHES (3658 MM) WIDE MINIMUM, SHALL BE MARKED TO DEFINE THE WIDTH, AND SHALL HAVE AN ADJACENT ACCESS AISLE COMPLYING WITH SECTION 11B-502.3. 4. 11B-502.4 FLOOR OR GROUND SURFACES PARKING SPACES AND ACCESS AISLES SERVING THEM SHALL COMPLY WITH SECTION 11B-302. ACCESS AISLES SHALL BE AT THE SAME LEVEL AS THE PARKING SPACES THEY SERVE. CHANGES IN LEVEL, SLOPES EXCEEDING 1:48, AND DETECTABLE WARNINGS SHALL NOT BE PERMITTED. 5. EACH PARKING SPACE RESERVED FOR THE PHYSICALLY HANDICAPPED SHALL BE IDENTIFIED BY A REFLECTORIZED SIGN PERMANENTLY POSTED IMMEDIATELY ADJACENT TO AND VISIBLE FROM EACH STALL OR SPACE, CONSISTING OF A PROFILE VIEW OF A WHEELCHAIR WITH OCCUPANT IN WHITE ON DARK BLUE BACKGROUND. THE SIGN SHALL NOT BE SMALLER THAN 70 SQUARE INCHES IN AREA AND, WHEN IN A PATH OF TRAVEL, SHALL BE POSTED AT A MINIMUM HEIGHT OF 80 INCHES FROM THE BOTTOM OF THE SIGN TO THE PARKING SPACE FINISHED GRADE. SIGNS MAY ALSO BE CENTERED ON THE WALL AT THE INTERIOR END OF THE PARKING SPACE AT A MINIMUM HEIGHT OF 36 INCHES FROM THE PARKING SPACE FINISHED GRADE, GROUND OR SIDEWALK. AN ADDITIONAL SIGN SHALL BE POSTED IN A CONSPICUOUS PLACE AT EACH ENTRANCE TO OFF-STREET PARKING FACILITIES, OR IMMEDIATELY ADJACENT TO AND VISIBLE FROM EACH STALL OR SPACE. THE SIGN SHALL BE NOT LESS THAN 17" X 22" IN SIZE WITH LETTERING NOT LESS THAN 1 INCH IN HEIGHT, WHICH CLEARLY AND CONSPICUOUSLY STATED THE FOLLOWING: "UNAUTHORIZED VEHICLES PARKED IN DESIGNATED HANDICAPPED SPACES NOT DISPLAYING DISTINGUISHING PLACARDS OR SPECIAL LICENSE PLATES ISSUED FOR PHYSICALLY DISABLED PERSONS WILL BE TOWED AWAY AT OWNER'S EXPENSE. TOWED VEHICLES MAY BE RECLAIMED AT _________________________ ACCESSIBLE PATH OF TRAVEL MAXIMUM SLOPE SHALL BE 2.08% WITH A MINIMUM WIDTH OF 48" WIDE CLEAR EXCEPT AT ACCESSIBLE RAMPS. SITE PLAN PLOT PLAN A-101 EXTERIOR GRADE PICNIC TABLE 36" X 36" W/ UMBRELLA EXTERIOR GRADE PICNIC TABLE 36" X 96" EXTERIOR GRADE PICNIC TABLE 36" X 36" W/ UMBRELLA EXTERIOR GRADE PICNIC TABLE 36" X 96"EXTERIOR GRADE PICNIC TABLE 36" X 96" EXTERIOR GRADE PICNIC TABLE 36" X 36" W/ UMBRELLA PROPOSED ENTRANCE MONUMENT SIGN COLUMNS TO MATCH BUILDING SUPPORT COLUMNS COLUMNS TO MATCH BUILDING SUPPORT COLUMNS 24" DEEP x 42" HIGH TOP BAR SEATING 24" DEEP x 34" HIGH TOP BAR SEATING 48" HIGH STEEL RAILING WITH VERTICAL AIRCRAFT CABLES @ 4" O.C. MAX 48" HIGH STEEL RAILING WITH VERTICAL AIRCRAFT CABLES @ 4" O.C. MAX 48" HIGH STEEL RAILING WITH VERTICAL AIRCRAFT CABLES @ 4" O.C. MAX EXTERIOR GRADE PICNIC TABLE 36" X 96" 1909 CRAFT BEER & CONCESSIONS TENANT IMPROVEMENT AREA ADA TOILET TOILET TOILET TOILET TOILET TOILET TOILET TOILET TOILET MA I N T I N A N C E (N ) T A P B A R PATIO AREA / CONCESSIONS COURTYARD 5,200 SF PATIO AREA / CONCESSIONS COURTYARD (E) LANDSCAPE AREA (E) LANDSCAPE AREA (E) L A N D S C A P E A R E A (E) L A N D S C A P E A R E A (E) LANDSCAPE AREA (E) LANDSCAPE AREA (E) LANDSCAPE AREA (E) L A N D S C A P E A R E A (E) L A N D S C A P E A R E A (E) S I D E W A L K P E R P . W . S T D ' S (E) SIDEWALK PER P.W. STD'S (E) SIDEWALK PER P.W. STD'S (E) S I D E W A L K P E R P . W . S T D ' S (E) TOT LOT CHILDREN'S PLAYGROUND (E) CONCRETE SLAB (E) CONCRETE SLAB (E) CONCRETE SLAB (E ) T R A S H EN C L O S U R E (E) 2 4 " H G L A N D S C A P E W A L L (E) 2 4 " H G L A N D S C A P E W A L L (E) 24 " H G L A N D S C A P E W A L L (E) 24" HG L A N D S C A P E W A L L (E) 2 4 " H G L A N D S C A P E W A L L (E) 2 4 " H G L A N D S C A P E W A L L (E) 2 4 " H G L A N D S C A P E W A L L (E) 2 4 " H G L A N D S C A P E W A L L (E) 24" HG LANDSCAPE WALL (E) 24" HG LANDSCAPE WALL (E) L A N D S C A P E A R E A (E) L A N D S C A P E A R E A (E) P A T H O F T R A V E L W A L K W A Y (E) P A T H O F T R A V E L W A L K W A Y (E) P A T H O F T R A V E L W A L K W A Y (N) 4 8 " H G F E N C E 4 8 " H G F E N C E (N ) 4 8 " H G F E N C E (N ) 4 8 " H G F E N C E (N ) 4 8 " H G F E N C E (N ) 7 ' - 0 " H I G H S C R E E N I N G W A L L W / C L I N G I N G V I N E S 42"H X 24"D CONC. BAR TOP (E) COLUMN (E) COLUMN (E) COLUMN (E) COLUMN (E) COLUMN (E) COLUMN 27 ' - 6 " 60'-1" 27 ' - 5 " 20 ' - 8 " 60'-3"5'-9" 66'-1" 7' - 1 " 6' - 1 1 " 13 ' - 1 1 " 3' - 0 " 27 ' - 1 0 " 34'-2"34'-2" 10 ' - 0 " 4' - 6 " 8' - 0 " 8' - 0 " 8' - 0 " 8' - 0 " 8' - 0 " 54 ' - 6 " 1 5 ' - 6 " 7'-11" 7'-11" 7'-11 " 7'-11 " 7'-1 1 " 8' - 2 " 86'-1" 5'-0"4'-0"4'-0"4'-0" 4' - 8 " 5' - 0 " 6' - 0 " 5' - 5 " 4' - 1 0 " 4' - 1 0 " 3'- 1 1 " 4'- 7 " 27 0 6 ' - 4 " 28 ' - 6 " 21'-2" 37'-3 " 34 ' - 4 " 7'-0" HIGH RESTROOM SCREENING WALL DRAWN BY: CHECKED BY: PRINTED ON: PERMIT NO: FRANK WRIGHT 07/15/2025 STAMP REVISIONS NO. DATE DESCRIPTION 07/15/25 ABC - COMMENTS SHEET # TITLE NO.OF 7 3 0 0 T A L B E R T S T . H U N T I N G T O N B E A C H , C A PR O J E C T T I T L E PR O J E C T A D D R E S S OWNER / TENATE DATE SIGNED 07/15/2025 HBSC PARTNERS DBA: 1909 CRAFT BEER CONCESSIONS LOUIE PALMERIN 7300 TALBERT ST HUNTINGTON BEACH, CA 92648 1152 E. 7TH ST ONTARIO, CALIFORNIA91764 PH. 310-750-8939 FWRIGHT082@GMAIL.COM PLANNING & CONSULTING WRIGHT DESIGN STUDIOS, INC. THIS DESIGN AND DRAWING IS FOR USE ON THE SPECIFIC SITE INDICATED AND IS THE EXCLUSIVE PROPERTY OF W . D. S. AND SHALL NOT BE USED, DUPLICATED OR ALTERED IN PART OR IN WHOLE WITHOUT WRITTEN APPROVAL OF WRIGHT DESIGN STUDIOS, INC. 19 0 9 C R A F T B E E R & C O N C E S S I O N S NO R T H B U I L D I N G (E) CONCRETE SLAB 3'-7" 4' - 6 " 48" HIGH STEEL RAILING WITH VERTICAL AIRCRAFT CABLES @ 4" O.C. MAX 48" WIDE SWINGING GATE 48" WIDE SWINGING GATE 60" HIGH WOOD FENCE W/ 6" WIDE HORIZONTAL SLATES W/1" SEPARATION BETWEEN SLATS 60" HIGH WOOD FENCE W/ 6" WIDE HORIZONTAL SLATES W/1" SEPARATION BETWEEN SLATS 255 ,--------------------------- : [§>--- I --+---+---,r I I I I I I I / ----l- [ID>--- 1/ / ----, / @}-.I'----------+---------,-------+--------if I tt--t=--c~·~--------------------------------------------~ -: ;--. i iiill'll i!liiliill · El □ l'.Z2I W0 [OJ ~ A --·----0 -.JNo 7 --i {< -30-2 * OF WELCOME TO HUNTINGTON BEACH HUNTINGTON BEACH SPORTS COMPLEX 1909 CRAFT BEER & CONCESSIONS HUNTINGTON BEACH SPORTS COMPLEX 19 0 9 HUNTINGTON BEACH SPORTS COMPLEX CRAFT BEER & CONCESSIONS 1909 CRAFT BEER & CONCESSIONS HUNTINGTON BEACH SPORTS COMPLEX 19 0 9 HUNTINGTON BEACH SPORTS COMPLEX CRAFT BEER & CONCESSIONS SCALE 1/4"=1'-0"3SOUTH ELEVATION@ BAR SCALE 1/4"=1'-0"1EAST ELEVATION SCALE 1/4"=1'-0"2NORTH ELEVATION SCALE 1/4"=1'-0"4 KEYNOTE LEGEND KEY #DESCRIPTION 100 EXISTING BUILDING TO REMAIN. BUILDING EXTERIOR NOT IN SCOPE. NO CHANGES 105 EXISTING EXTERIOR SUPPORT COLUMN TO REMAIN. NO CHANGES 200 NEW PROPOSED ENTRANCE MONUMENT SIGN. DESIGN TO MATCH EXISTING BUILDING COLUMNS 205 NEW EXTERIOR STONE CLADDING TO MATCH EXISTING BUILDING COLUMN BASES 300 PROPOSED PATIO SCREENING WALL CLADDED WITH TREX ENGINEERED WOOD SIDING / DECKING. INSTALL TO MIN 48" A.F.F. INSTALL WITH COUNTER SEATING AT INTERIOR PATIO SIDE. 400 PROPOSED TENANT SIGNAGE TO BE REVIEWED AND APPROVED UNDER SEPARATE PERMIT. 500 PROPOSED EXTERIOR TAP BAR WITH SMOOTH FINISHED CONCRETE BAR TOP INSTALLED AT 42" A.F.F. EXCEPT AT ACCESSIBLE PORTIONS WHICH WILL BE INSTALLED AT 34" MAX A.F.F. 505 TREX ENGINEERED SIDDING / DECKING TO BE INSTALLED AT BAR FACE. MATCH TO PATIO SCREENING WALL. 600 RESTROOM SCREENING WALL TO MIN 7'-0" A.F.F. CLAD WITH TREX ENGINEERED SIDDING / DECKING. 9' - 1 " 8' - 5 " 17 ' - 6 " 5' - 5 " 26 ' - 3 " 2' - 1 0 " 3' - 6 " 9' - 1 " 7' - 5 " 16 ' - 6 " 6' - 6 " 26 ' - 3 " 3' - 0 " 14'-7"5'-0" 20'-11" 19'-7" 9' - 6 " 2' - 6 " 12 ' - 0 " 13 ' - 0 " 9' - 6 " 2' - 6 " 1' - 0 " 12 ' - 0 " 13 ' - 0 " 40'-4" 8'-2"8'-0"8'-0"8'-0"8'-2" 4' - 0 " 6'-6"7'-11" 7'-11" 54'-9" 7' - 0 " 9' - 1 " 17 ' - 2 " 22 ' - 8 " 32'-4" 200 500 505205400300400100100105 105205 200400 400300600205400300300 205 500 505 9' - 6 " 2' - 6 " 12 ' - 0 " 13 ' - 0 " 9' - 1 " 8' - 5 " 17 ' - 6 " 5' - 5 " 26 ' - 3 " 2' - 1 0 " 3' - 6 " EXTERIOR ELEVATION A-701 DRAWN BY: CHECKED BY: PRINTED ON: PERMIT NO: FRANK WRIGHT 04/08/2025 STAMP REVISIONS NO. DATE DESCRIPTION 04/08/25 CUP - ABC LICENSE SHEET # TITLE NO.OF 7 3 0 0 T A L B E R T S T . H U N T I N G T O N B E A C H , C A PR O J E C T T I T L E PR O J E C T A D D R E S S OWNER / TENATE DATE SIGNED 04/08/2025 HBSC PARTNERS DBA: 1909 CRAFT BEER CONCESSIONS LOUIE PALMERIN 7300 TALBERT ST HUNTINGTON BEACH, CA 92648 1152 E. 7TH ST ONTARIO, CALIFORNIA91764 PH. 310-750-8939 FWRIGHT082@GMAIL.COM PLANNING & CONSULTING WRIGHT DESIGN STUDIOS, INC. THIS DESIGN AND DRAWING IS FOR USE ON THE SPECIFIC SITE INDICATED AND IS THE EXCLUSIVE PROPERTY OF W . D. S. AND SHALL NOT BE USED, DUPLICATED OR ALTERED IN PART OR IN WHOLE WITHOUT WRITTEN APPROVAL OF WRIGHT DESIGN STUDIOS, INC. 19 0 9 C R A F T B E E R & C O N C E S S I O N S NO R T H B U I L D I N G 256 --- ,--- ' ', " )L__ I ,, !___j '-\ ~- -.~~~-i it' ' ~r \'S a ' ' / ,,--l _/f I I I I I I I ' I I I I I ' _,,. - I I I r r i-,c ' µ ' I ' " I I II -I I- I .;" j"L tt Oc:i:: i! b?'; ' IJ~i~FCJ's.L1'°1';,' ~;~i 'f:{'t-l'l:iR .. -I - • >:.;;=--'-1-_ , l l --LLJ - ' I I I ' I-I---f-f-I--_J n ~ ' ' C " L C' ' ' -' . ' '' ' C '' -L / r I/ --~=..:c: If l,> ' --/? 1-1 ' ,. j ' II II 'll -~ _LJ '1> r,, '" ' 'r~ - \ I I I I I I ' I I I I I ' I t w 1-1 I-~ - I r -7 ,. . ' 7 I I I ' I ' I I I I ' L l I I 7 7 . , ~; r T I I I I I ' I I I I I ' I I I LJ ----, ,. lr 7 . ' ~~ ' c;,i ,- \-,-~'( ~ I, __ jjtt ___ J~f•~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~i2;~~L~2;~~ti2;~:tf1~~~r*2{~>~~2(=i-_~==:,/::1=.l:,===J::-===== --===--=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=71'-!_1,-,, ___ , __ -._C_f._:-_"_--_--_·_ ·-·_-________ . __ -c·=~---i WALL SYMBOL LEGEND SCALE 1/4"=1'-0"1FLOOR PLAN DIMENSIONS ALL OPERABLE PARTS SHALL BE OPERABLE WITH ONE HAND AND SHALL NOT REQUIRE TIGHT GRASPING, PINCHING, OR TWISTING OF THE WRIST. THE FORCE REQUIRED TO ACTIVATE OPERABLE PARTS SHALL BE 5 POUNDS (22.2 N) MAXIMUM. N WALK-IN COOLER 6' x 7' 83" reach in 55" reach in 71" pizza prep steam well 72" uc fridge meat slicer 80 GAL ELECTRIC W.H. AIR CURTAIN 55" REACH IN fridge 71" PIZZA PREP LK R S coffee brewer hi speed oven 72" REACH IN FRIDGE hot dog warmer 5 T I E R 24 x 4 8 38 x 44 convection oven 48" griddel 48" chefs base CASH DRW'R PRT PIN POS 48"slide door fridge 48" slide door fridge LE D L I G H T ABOVE CONDENSING UNIT 5 T I E R 24 x 6 0 RL 6 A 0 9 4 A D A 11 5 / 6 0 / 1 Ø 30x48 prep table CASH DRW'R PRT PIN POS fountain soda dispenser w/ice well w/ slide top check-out stationcheck-out station 60" slide door fridge 60" U/C SOLID DOOR FRIDGE 60" u/c fridge 5 TIER 24x60 5 TIER 24x60 dump sink blizzard's heated display case 5 TIER 24x48 P.T.S HANDSINK P. T . S HA N D S I N K 5 TIER 24x36 5 T I E R 24 x 3 6 30x60 prep table fryer fryer ice machine / bin prep sink 3 compartment sink dry storage 7lf X 5 tiers = 35 L.F. dr y s t o r a g e 4l f X 5 t i e r s = 2 0 l f . dry storage 5lf X 5 tiers = 25 lf dry storage 5lf X 5 tiers = 25 lfdr y s t o r a g e 3l f X 5 t i e r s = 1 5 l f . w.h. above 5 T I E R 24 x 3 6 P.T.S HANDSINK P. T . S HA N D S I N K 5'-11"21'-2"9'-3"4'-0"19'-7" 59'-11" 1'-6"3'-0"4'-5"3'-0"1"4'-0"10"3'-0"5'-5"6"6'-0"9'-4"3'-0"3'-9"3'-0"1'-6" 13'-2" 21'-2" 4' - 1 1 " 2'-2" 4' - 7 " 4'-8"7'-11" 11 ' - 3 " 12'-6"7"4'-2"7"4'-2"12'-6" 17'-3" 19'-10" 2'-5"3'-7" 3' - 4 " 9' - 9 " 7" 8' - 5 " 4'-1" 6' - 7 " 3' - 0 " 1' - 0 " 9' - 4 " 22 ' - 1 0 " 6' - 0 " 7'-0" 6' - 8 " 6'-9" 1'-6"1'-6" 4'-6" 17'-3"4'-2"9'-9" 2' - 7 " 2' - 7 " 8' - 5 " 8' - 5 " 8' - 4 " 12'-5"3'-10"43'-10" 60'-1" 3'-0"3'-0"11'-0"6'-0"6'-1"6'-0"8'-9" 27 ' - 4 " 19 ' - 3 " 7' - 5 " 8" 27 ' - 4 " (E) 20GA 1-5/8" X 5-1/2" METAL STUD WALL WITH STUDS @ 16" O.C. WITH MIN 5/8" GYPSUM WALL BOARD AT INTERIOR SIDE. VERIFY IN FIELD. NEW NON-BEARING 20GA 1-5/8" x 3-5/8" METAL STUD WALL @ 16" O.C. INSTALL WITH MIN 5/8" GYPSUM WALL BOARD AT BOTH SIDES UNLESS OTHERWISE NOTED. PREFABRICATED GALVANIZED ALUMINUM WALK IN COOLER BOX TO BE INSTALLED PER MANUFACTURERS SPECIFICATION. (E) CMU BLOCK BUILDING WALL TO REMAIN. NO CHANGES SERVING AREA SERVING AREA ORDER / PICKUP ORDER / PICKUP COOK LINE COLD STORAGE PREP LINE DISH LINE DRY STORAGE (E) RESTROOM WALK-IN COOLER CONCESSIONS BACK OUNTER PROPOSED TAP BAR CONCESSIONS FLOOR PLAN A-401 DRAWN BY: CHECKED BY: PRINTED ON: PERMIT NO: FRANK WRIGHT 04/08/2025 STAMP REVISIONS NO. DATE DESCRIPTION 04/08/25 CUP - ABC LICENSE SHEET # TITLE NO.OF 7 3 0 0 T A L B E R T S T . H U N T I N G T O N B E A C H , C A PR O J E C T T I T L E PR O J E C T A D D R E S S OWNER / TENATE DATE SIGNED 04/08/2025 HBSC PARTNERS DBA: 1909 CRAFT BEER CONCESSIONS LOUIE PALMERIN 7300 TALBERT ST HUNTINGTON BEACH, CA 92648 1152 E. 7TH ST ONTARIO, CALIFORNIA91764 PH. 310-750-8939 FWRIGHT082@GMAIL.COM PLANNING & CONSULTING WRIGHT DESIGN STUDIOS, INC. THIS DESIGN AND DRAWING IS FOR USE ON THE SPECIFIC SITE INDICATED AND IS THE EXCLUSIVE PROPERTY OF W . D. S. AND SHALL NOT BE USED, DUPLICATED OR ALTERED IN PART OR IN WHOLE WITHOUT WRITTEN APPROVAL OF WRIGHT DESIGN STUDIOS, INC. 19 0 9 C R A F T B E E R & C O N C E S S I O N S NO R T H B U I L D I N G 257 ---, = --x / Xv./'</ \\ /- .; <j"__( ---- I>( X •--)( 1/, --- Y. '< \\ -['x -I>'. ;( v, ' >( ··~~ = --- ---/ -- L,:X / \, / >< Y, ' -r>< ' ----- ' ---<i'= ' ' ' ' ' ' I ' ' ' ' ' ' ' ' ' ' I ' I 'I ', !\ ' ' ' ' ' ' I I I I I ' ' ' ' ' ' I I I / • Cc-~ ----~_--r /._--", -'• V -- ><. ~."; //', '·/ --~-~~---~~~ {t' '-,:111 171 .~__2) Li ' >< ><-"----- ✓ - ' ( -- 1 >'. ' II C71 __ ' l----7 11 X I il I -- lf ___ _J '< c -_J - c.________:::o. < '✓ '--._ // ';,c_ • ->( > -----i / /' - □ l I DC / I I I I : ! I ! I I I I I I I I I I I I I ( • / " I I I I I I I I I I I I I I I I I I " ' >< / ,_• -V >'. > '< X I I I I I I I I I I I I I I I I I I I I I I I I v,r='=~/~ -----141---~--'-: -~ I >'. L, _______ _ I I I I I I I I I I I I I I I I I I , -, EXTERIOR RENDERING A-702EAST BIRDS EYE VIEW NORTH VIEW @ RESTROOM SCREENING WALLEAST INTERIOR VIEW EAST VIEW DRAWN BY: CHECKED BY: PRINTED ON: PERMIT NO: FRANK WRIGHT 04/08/2025 STAMP REVISIONS NO. DATE DESCRIPTION 04/08/25 CUP - ABC LICENSE SHEET # TITLE NO.OF 7 3 0 0 T A L B E R T S T . H U N T I N G T O N B E A C H , C A PR O J E C T T I T L E PR O J E C T A D D R E S S OWNER / TENATE DATE SIGNED 04/08/2025 HBSC PARTNERS DBA: 1909 CRAFT BEER CONCESSIONS LOUIE PALMERIN 7300 TALBERT ST HUNTINGTON BEACH, CA 92648 1152 E. 7TH ST ONTARIO, CALIFORNIA91764 PH. 310-750-8939 FWRIGHT082@GMAIL.COM PLANNING & CONSULTING WRIGHT DESIGN STUDIOS, INC. THIS DESIGN AND DRAWING IS FOR USE ON THE SPECIFIC SITE INDICATED AND IS THE EXCLUSIVE PROPERTY OF W . D. S. AND SHALL NOT BE USED, DUPLICATED OR ALTERED IN PART OR IN WHOLE WITHOUT WRITTEN APPROVAL OF WRIGHT DESIGN STUDIOS, INC. 19 0 9 C R A F T B E E R & C O N C E S S I O N S NO R T H B U I L D I N G 258 ~ CRAFT BEER & coNCESSIONS -.......:! I , I 1909 Business Narrative 1909 Craft Beer & Concessions offers quality food and beverage in a fun, family friendly environment. Our food offerings feature a wide range of traditional ballpark fare with an elevated level of quality, providing something for everyone, including a value minded kids menu and a robust offering of traditional snack bar selections. Our beverage offerings are designed to compliment our food, with a curated selection of local craft beer, wine, and an extensive selection of non-alcoholic offerings. Our multi-faceted concept offers many ways to serve our guests. For those on the go, we have two quick-service windows to order food and non-alcoholic beverages. Our enclosed patio will offer full table service, where guests can scan a QR code to order food and beverages, as well as order through our dedicated service staff. Once ordered, their alcoholic beverages will be delivered to them by our staff. Our patio bar will offer comfortable seating as well, providing an additional full service option for guests to order food and beverages. With two locations in the Huntington Beach Sports Complex, our ﬂagship location on the Northside will operate daily, providing the local community with a fun and vibrant place to enjoy an outdoor dining experience. Hours at this location will be 4 PM-10 PM Monday- Friday, 8 AM- 10 PM Saturday, and 8 AM- 8PM on Sundays. Our second location on the Southside is open weekends, 8 AM- 8 PM, with additional days of operation in coordination with planned events on that side. Restrooms are provided for all Sports complex guests, with 8 stalls and 1 ADA restroom at each location. These are accessible to guests of 1909 by walking outside of the deﬁned dining area fencing, where they will ﬁnd the restrooms that are openly accessible to all park visitors who can in turn utilize the restrooms without the need to enter the 1909 dining area. 259 PROJECT SITE VICINITY MAP CUP 25-007 (Sports Complex) 18260 Goldenwest Street Garfield. Br o o k h u r s t 260 I f I /v~- 1 m-t-+-4---l-....;. ....... • 11.ANlflNr. ' PROJECT SITE VICINITY MAP CUP 25-014 (Sports Complex) 7300 Talbert Street Garfield. Br o o k h u r s t 261 I f I J--h-~--i---+--+---f---1---' I,,~- 262 Huntington Beach Planning Commission 2000 MAIN STREET August 6 , 2025 Matt Olmstead HBSC Partners 18100 Goldenwest Street Huntington Beach, CA 92648 NOTICE OF ACTION CALIFORN IA 92648 SUBJECT: APPEAL OF THE ZONING ADMINISTRATOR'S APPROVAL OF CONDITIONAL USE PERMIT NO. 25-007 (HUNTINGTON BEACH SPORTS COMPLEX) APPELLANT: Planning Commissioner Tracy Pellman APPLICANT: Matt Olmstead , HBSC Partners , 18100 Goldenwest Street, Huntington Beach , CA 92648 PROPERTY OWNER: City of Huntington Beach, PO Box 190, Huntington Beach , CA 92648 REQUEST: To allow the sales , service, and consumption of beer and w ine (ABC Type 41 License) within a proposed approximately 5 ,200 sq . ft. outdoor dining area for an eating and drinking establishment with full table service at the Huntington Beach Sports Complex. LOCATION: 18260 Goldenwest Street, 92648 (East side of Goldenwest Street between Talbert Avenue and Ellis Avenue) DATE OF ACTION: August 5, 2025 On Tuesday , August 5 , 2025, the Huntington Beach Planning Commission took action on your application , and your application was conditionally approved. Attached to this letter are the findings and conditions of approval. Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance, the action taken by the Planning Commission becomes final at the expiration of the appeal period. A person desiring to appeal the decision shall file a written notice of appeal to the City Clerk within ten (10) calendar days of the date of the Planning Commission's action. The notice of appeal shall include the name and address of the appellant , the decision being appealed , and the grounds for the appeal. Said appeal must be accompanied by a filing fee of T wo Thousand , Nine Hundred and Forty-One Dollars ($2941 .00) if the appeal is filed by a single family dwelling property owner appealing the decision on his own property and Four Thousand , Seven Hundred and Twenty-One Dollars ($4 ,721 .00) if the appeal is filed by any other party. In your case, the last day for filing an appeal and paying the filing fee is August 15, 2025 at 5:00 PM . Phone 714 -536 -5271 Fax 714-37 4-1540 www.surfcity-hb .org 263 Notice of Action: CUP 25-007 August 5, 2025 Page2 Please be advised that the Planning Commission reviews the conceptual plan as a basic request for entitlement of the use applied for and there may be additional requirements prior to commencement of the project. It is recommended that you immediately pursue completion of the conditions of approval and address all requirements of the Huntington Beach Zoning and Subdivision Ordinance in order to expedite the processing/completion of your total application. The conceptual plan should not be construed as a precise plan, reflecting conformance to all Zoning and Subdivision Ordinance requirements. Provisions of the Huntington Beach Zoning and Subdivision Ordinance are such that any application becomes null and void one (1) year after final approval, or at an alternative time specified as a condition of approval, unless actual construction has started. "Excepting those actions commenced pursuant the California Environmental Quality Act, you are hereby notified that you have 90 days to protest the imposition of the fees described in this Notice of Action. If you fail to file a written protest regarding any of the fees contained in this Notice, you will be legally barred from later challenging such action pursuant to Government Code §66020." If you have any questions, please contact Marco Cuevas, the project planner, at Marco.Cuevas@surfcity-hb.org or (714) 536-5224 or the Community Development Department Zoning Counter at (714) 536-5271. Sincerely, Jennifer Villasenor, Secretary Planning Commission By: r--.r--.,,._--- Ricky Ramos, Planning Manager JV:RR:MC:kdc Attachment: Finding and Conditions of Approval -CUP No. 25-007 c: Honorable Mayor and City Council Chair and Planning Commission Travis Hopkins, City Manager Jennifer Villasenor, Director of Community Development Martin Ortiz, Fire Deputy Chief Connor Hyland, Senior Deputy City Attorney Bob Milani, Principal Civil Engineer Jasmine Daley, Building Official Marco Cuevas, Associate Planner Property Owner Project File 264 ATTACHMENT NO.1 FINDINGS AND CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 25-007 FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Planning Commission finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15301 of the CEQA Guidelines because the project will allow for beer and wine service within an approximately 5,200 sq. ft. outdoor dining area with full table service in conjunction with an existing eating and drinking establishment; and the project does not involve an expansion to an existing structure. FINDINGS FOR APPROVAL-CONDITIONAL USE PERMIT NO. 25-007: 1. Conditional Use Permit No. 25-007 to allow the sales, service, and consumption of beer and wine (ABC License Type 41) within a proposed approximately 5,200 sq. ft. outdoor dining area for an eating and drinking establishment with full table service at the Huntington Beach Sports Complex will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood because the use is located within an existing open space park setting. The use is primarily an eating and drinking establishment and the request for alcohol service is ancillary to the primary use. The establishment of a restaurant with service of beer and wine sales will benefit and serve the surrounding area by providing a new service and all operations associated with the proposed use will occur within the delineated outdoor dining area. Although the requested use is proposed to take place within a public park setting, the outdoor patio dining area will be provided with a fence barrier, and a condition has been placed that no alcoholic beverages shall be consumed on any property adjacent to the licensed premises and must be consumed within the demarcated eating establishment's patio dining area. The sale, service and consumption of beer and wine within the proposed outdoor dining area is not anticipated to generate additional noise, traffic, or impacts above existing conditions. Furthermore, the eating and drinking establishment is oriented on the east side of Goldenwest Street between Talbert Avenue and Ellis Avenue, with the outdoor dining patio facing existing baseball fields two and three, with the closest residences located over 450 ft. to the south. 2. The granting of Conditional Use Permit No. 25-007 to allow the sales, service, and consumption of beer and wine (ABC License Type 41) within a proposed approximately 5,200 sq. ft. outdoor dining area for an eating and drinking establishment with full table service at the Huntington Beach Sports Complex will not adversely affect the General Plan because it is consistent with the Land Use Element designation of OS-P (Open Space -Park) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: Land Use Element Policy LU-11 (A): Encourage a variety of commercial uses that cater to local and regional demand to create an environment that meets resident needs and increases the capture of sales tax revenues. G:IPCINOA\251080525 CUP 25-007 (HB Sports Complex) Attachment 1.1 265 Goal LU-13: The city provides opportunities for new businesses and employees to ensure a high quality of life and thriving industry. Policy LU-13 (A): Encourage expansion of the range of goods and services provided to accommodate the needs of all residents and the market area. Goal LU-14: Huntington Beach continues to attract visitors and provides a variety of attractions and accommodations during their stay. Policy LU-14 (8): Encourage both coastal and inland visitor serving uses to offer a wide spectrum of opportunities for residents and visitors. Environmental Resources and Conservation Element Policy ERC-1 (H): Administer the City's open space program in a manner that supports lands, resources, and services provided in regional parks, open spaces, and conservation plans. Policy ERC-2 (8): Ensure that buildings, equipment, fields, and other recreation amenities are in full use and capable of accommodating changing program demands. The request will expand the range of goods and services provided at the Huntington Beach Sports Complex by permitting the ancillary sale of beer and wine in conjunction with an eating and drinking establishment in a safe manner for residents and customers from the surrounding area. The establishment provides expanded goods and services to meet the needs of the area and will add to the capture of sales tax revenue. The proposed use is in conjunction with an existing eating and drinking establishment within the Huntington Beach Sports Complex in Central Park. The expansion of beer and wine service at existing Sports Complex concessions will enhance the visitor experience and make the Sports Complex a more marketable amenity in attracting new user groups, events and tournaments. 3. The granting of Conditional Use Permit No. 25-007 to allow the sales, service, and consumption of beer and wine (ABC License Type 41) within a proposed approximately 5,200 sq. ft. outdoor dining area for an eating and drinking establishment with full table service at the Huntington Beach Sports Complex will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) because beer and wine sales within eating and drinking establishments with full table service are permitted subject to a Conditional Use Permit within the Open Space -Parks and Recreation Subdistrict. The proposed outdoor patio dining area will be located within the premises of an existing eating and drinking establishment building, which conforms to applicable site development standards, including parking. CONDITIONS OF APPROVAL-CONDITIONAL USE PERMIT NO. 25-007: 1. The site plan, floor plan and elevations received and dated July 16, 2025, and the narrative received and dated July 8, 2025, shall be the conceptually approved design with the following modifications: a. Designate a customer walk up window to provide fast service for non-alcohol related items for take-out only. (DRB) G:\PC\NOA\251080525 CUP 25-007 (HB Sports Complex) Attachment 1.2 266 b. The outdoor barrier shall be designed to conform with Condition of Approval No. 25 requiring that the barrier be designed in a manner that will prohibit the passing of alcohol beverages through the barrier. c. The outdoor dining barrier shall be a solid material in lieu of cables. (PC added) d. Add delineators to provide a clear path to the designated customer walk up window per Condition No. 1 a. (PC added) 2. All proposed signage shall be reviewed and approved by the Community Development Department under a separate permit prior to installation. 3. Applicant shall provide full table service for outdoor dining patio area during operational hours. (HBZSO Sec 213.06) 4. All alcoholic beverages shall be ordered and consumed from the dining/bar top table only and delivered to guests by service staff. (PC modified) 5. All dine-in guests shall order food and beverage items from their table and shall be delivered by service staff. 6. Security staff shall be provided during alcohol service. (PC added) 7. Alcohol service shall be limited to between the hours of noon to closing (no later than 10:00 PM). (PC added) 8. The business shall obtain an Alcohol Beverage Control (ABC) license authorizing alcohol use in the business and outdoor patio. All ABC requirements shall be met prior to sales, service, or consumption of alcoholic beverages. (PD) 9. All areas of the alcohol business that are accessible to patrons shall be illuminated such that the appearance and conduct of all people in the alcohol business are visible from inside the alcohol business. (PD) 10. Food service from the regular menu must be available to patrons up to one hour before the scheduled closing time, including a cook and food servers shall be on duty. (PD) 11. An employee of the alcohol business must monitor all areas where alcohol is served. (PD) 12. Alcoholic drinks shall not be included in the price of admission. (PD) 13. All alcohol shall remain within alcohol business premises, including outdoor dining area. (PD) 14. Service of alcoholic beverages for consumption off-site shall not be permitted. (PD) 15. There shall be no requirement for patrons to purchase a minimum number of alcoholic drinks. (PD) 16. Games or contests requiring or involving consumption of alcoholic beverages shall be prohibited. (PD) G:\PC\NOA\251080525 CUP 25-007 (HB Sports Complex) Attachment 1.3 267 17. No reduced price or promotions of alcoholic beverages shall be allowed after 7:00 p.m. (PD) 18. Last call for drinks shall be no later than 15 minutes before closing. (PD) 19. Mandatory Responsible Beverage Service (RBS) training and certification shall be required for new employees within 60 days of being hired and for existing employees every 12 months. Training shall be provided by ABC or an ABC approved RBS trainer and records of the training must be maintained on-site for review. (PD) 20. All owners, employees, representatives, and agents must obey all federal, state, and local laws. In addition, all conditions of the Conditional Use Permit, Alcoholic Beverage Control License and any other regulations, provisions, or restrictions prescribed by an agency with jurisdiction over the premises are required as part of the CUP to be followed. (PD) 21. The establishment shall employ a video surveillance security system with a minimum of one- month video library recorded to a DVR or Cloud based system. The camera's minimum requirements will be: clear, color, digital and able to record in low light. The business shall ensure all public areas surrounding the business, including entrances and exits, are covered by video surveillance. Electronic copies of video must be made available to the Huntington Beach Police Department within 48 hours of request. Digital recordings shall be made available for viewing on-scene upon request by police personnel conducting investigations. You are required to have someone able to operate the system on duty during all business hours. (PD) 22. There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Exclusion: Itemized alcoholic beverage items listed on menu boards that are permanently affixed to the interior or exterior of the building are allowed. (PD) 23. Signage, posters, and advertising with "Do Not Drink and Drive" shall be posted in the outdoor dining areas. (PD) 24. Signs shall be posted in a conspicuous space at the entrance/exit of the outdoor dining area which shall state," NO ALCOHOLIC BEVERAGES BEYOND THIS POINT." (PD) 25. Dancing and/or dance floor and/or live entertainment is prohibited. (Note: a new or amended Conditional Use Permit and an Entertainment Permit issued by the City is required for these additional activities). (PD) 26. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. (PD) 27. The patio shall have a physical barrier of a minimum of 36 inches in height surrounding the outdoor dining area and designed in a manner that will prohibit passing of alcohol beverages through the barrier. (PD) 28. No dining shall be permitted in the outdoor patio areas between the hours of 10:00 PM and 7:00 AM. (PD) 29. CUP No. 25-007 shall become null and void unless exercised within two years of the date of final approval or such extension of time as may be granted by the Director pursuant to a G:IPC\NOA\251080525 CUP 25-007 (HB Sports Complex) Attachment 1.4 268 written request submitted to the Community Development Department a minimum 30 days prior to the expiration date. 30. The Development Services Departments and divisions (Building & Safety, Fire, Planning and Public Works) shall be responsible for ensuring compliance with all applicable code requirements and conditions of approval. The Director of Community Development may approve minor amendments to plans and/or conditions of approval as appropriate based on changed circumstances, new information or other relevant factors. Any proposed plan/project revisions shall be called out on the plan sets submitted for building permits. Permits shall not be issued until the Development Services Departments have reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the provisions of HBZSO Section 241.18. INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. G:\PC\NOA\251080525 CUP 25-007 (HB Sports Complex) Attachment 1.5 269 Huntington Beach Planning Commission 2000 MAIN STREET August 6, 2025 Matt Olmstead HBSC Partners 18100 Goldenwest Street Huntington Beach , CA 92648 NOTICE OF ACTION CALIFORNIA 92648 SUBJECT: APPEAL OF THE ZONING ADMINISTRATOR'S APPROVAL OF CONDITIONAL USE PERMIT NO. 25-014 (HUNTINGTON BEACH SPORTS COMPLEX) APPELLANT: Plann ing Comm issioner Tracy Pellman APPLICANT: Matt Olmstead , HBSC Partners , 18100 Goldenwest Street, Huntington Beach, CA 92648 PROPERTY OWNER: City of Huntington Beach , PO Box 190, Huntington Beach , CA 92648 REQUEST: To allow the sales , service, and consumption of beer and wine (ABC Type 41 License) within a proposed approximately 5,200 sq . ft . outdoor dining area for an eating and drinking establishment with full table service at the Huntington Beach Sports Complex . LOCATION: 7300 Talbert Street, 92648 (South side of Talbert Avenue between Goldenwest Street and Gothard Street) DATE OF ACTION: August 5, 2025 On Tuesday , August 5, 2025, the Huntington Beach Planning Commission took action on your application , and your application was conditionally approved. Attached to this letter are the findings and conditions of approval. Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance, the action taken by the Planning Commission becomes final at the expiration of the appeal period . A person desiring to appeal the decision shall file a written notice of appeal to the City Clerk within ten (10) calendar days of the date of the Planning Commission's action . The notice of appeal shall include the name and address of the appellant, the decision being appealed , and the grounds for the appeal. Said appeal must be accompanied by a filing fee of Two Thousand , Nine Hundred and Forty-One Dollars ($2941.00) if the appeal is filed by a single family dwelling property owner appealing the decision on his own property and Four Thousand, Seven Hundred and Twenty-One Dollars ($4 ,721.00) if the appeal is filed by any other party. In your case , the last day for filing an appeal and paying the filing fee is August 151 2025 at 5:00 PM . Phone 714 -536-5271 Fax 714-37 4 -1540 www.surfcity-hb .org 270 Notice of Action: CUP 25-014 August 5, 2025 Page2 Please be advised that the Planning Commission reviews the conceptual plan as a basic request for entitlement of the use applied for and there may be additional requirements prior to commencement of the project. It is recommended that you immediately pursue completion of the conditions of approval and address all requirements of the Huntington Beach Zoning and Subdivision Ordinance in order to expedite the processing/completion of your total application. The conceptual plan should not be construed as a precise plan, reflecting conformance to all Zoning and Subdivision Ordinance requirements. Provisions of the Huntington Beach Zoning and Subdivision Ordinance are such that any application becomes null and void one (1) year after final approval, or at an alternative time specified as a condition of approval, unless actual construction has started. "Excepting those actions commenced pursuant the California Environmental Quality Act, you are hereby notified that you have 90 days to protest the imposition of the fees described in this Notice of Action. If you fail to file a written protest regarding any of the fees contained in this Notice, you will be legally barred from later challenging such action pursuant to Government Code §66020." If you have any questions, please contact Marco Cuevas, the project planner, at Marco.Cuevas@surfcity-hb.org or (714) 536-5224 or the Community Development Department Zoning Counter at (714) 536-5271. Sincerely, Jennifer Villasenor, Secretary Planning Commission By: r-r------ Ricky Ramos, Planning Manager JV:RR:MC:kdc Attachment: Finding and Conditions of Approval -CUP No. 25-014 c: Honorable Mayor and City Council Chair and Planning Commission Travis Hopkins, City Manager Jennifer Villasenor, Director of Community Development Martin Ortiz, Fire Deputy Chief Connor Hyland, Senior Deputy City Attorney Bob Milani, Principal Civil Engineer Jasmine Daley, Building Official Marco Cuevas, Associate Planner Property Owner Project File 271 ATTACHMENT NO. 1 FINDINGS AND CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 25-014 FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Planning Commission finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15301 of the CEQA Guidelines because the project will allow for beer and wine service within an approximately 5,200 sq. ft. outdoor dining area with full table service in conjunction with an existing eating and drinking establishment; and the project does not involve an expansion to an existing structure. FINDINGS FOR APPROVAL-CONDITIONAL USE PERMIT NO. 25-014: 1. Conditional Use Permit No. 25-014 to allow the sales, service, and consumption of beer and wine (ABC License Type 41) within a proposed approximately 5,200 sq. ft. outdoor dining area for an eating and drinking establishment with full table service at the Huntington Beach Sports Complex will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood because the use is located within an existing open space park setting. The use is primarily an eating and drinking establishment and the request for alcohol service is ancillary to the primary use. The establishment of a restaurant with service of beer and wine sales will benefit and serve the surrounding area by providing a new service and all operations associated with the proposed use will occur within the delineated outdoor dining area. Although the requested use is proposed to take place within a public park setting, the outdoor patio dining area will be provided with a fence barrier, and a condition has been placed that no alcoholic beverages shall be consumed on any property adjacent to the licensed premises and must be consumed within the demarcated eating establishment's patio dining area. The sale, service and consumption of beer and wine within the proposed outdoor dining area is not anticipated to generate additional noise, traffic, or impacts above existing conditions. Furthermore, the eating and drinking establishment is oriented south of Talbert Avenue, facing the existing surface parking lot, with the closest residences located over 2,000 feet to the northwest and southwest. 2. The granting of Conditional Use Permit No. 25-014 to allow the sales, service, and consumption of beer and wine (ABC License Type 41) within a proposed approximately 5,200 sq. ft. outdoor dining area for an eating and drinking establishment with full table service at the Huntington Beach Sports Complex will not adversely affect the General Plan because it is consistent with the Land Use Element designation of OS-P (Open Space -Park) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: Land Use Element Policy LU-11 (A): Encourage a variety of commercial uses that cater to local and regional demand to create an environment that meets resident needs and increases the capture of sales tax revenues. G:\PC\NOA\25\080525 CUP 25-014 (HB Sports Complex) Attachment 1.1 272 Goal LU-13: The city provides opportunities for new businesses and employees to ensure a high quality of life and thriving industry. Policy LU-13 (A): Encourage expansion of the range of goods and services provided to accommodate the needs of all residents and the market area. Goal LU-14: Huntington Beach continues to attract visitors and provides a variety of attractions and accommodations during their stay. Policy LU-14 (B): Encourage both coastal and inland visitor serving uses to offer a wide spectrum of opportunities for residents and visitors. Environmental Resources and Conservation Element Policy ERC-1 (H): Administer the City's open space program in a manner that supports lands, resources, and services provided in regional parks, open spaces, and conservation plans. Policy ERC-2 (B): Ensure that buildings, equipment, fields, and other recreation amenities are in full use and capable of accommodating changing program demands. The request will expand the range of goods and services provided at the Huntington Beach Sports Complex by permitting the ancillary sale of beer and wine in conjunction with an eating and drinking establishment in a safe manner for residents and customers from the surrounding area. The establishment provides expanded goods and services to meet the needs of the area and will add to the capture of sales tax revenue. The proposed use is in conjunction with an existing eating and drinking establishment within the Huntington Beach Sports Complex in Central Park. The expansion of beer and wine service at existing Sports Complex concessions will enhance the visitor experience and make the Sports Complex a more marketable amenity in attracting new user groups, events and tournaments. 3. The granting of Conditional Use Permit No. 25-014 to allow the sales, service, and consumption of beer and wine (ABC License Type 41) within a proposed approximately 5,200 sq. ft. outdoor dining area for an eating and drinking establishment with full table service at the Huntington Beach Sports Complex will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) because beer and wine sales within eating and drinking establishments with full table service are permitted subject to a Conditional Use Permit within the Open Space -Parks and Recreation Subdistrict. The proposed outdoor patio dining area will be located within the premises of an existing eating and drinking establishment building, which conforms to applicable site development standards, including parking. CONDITIONS OF APPROVAL· CONDITIONAL USE PERMIT NO. 25-014: 1. The site plan, floor plan, and elevations received and dated July 16, 2025, and the narrative received and dated July 8, 2025, shall be the conceptually approved design with the following modifications: a. Designate a customer walk up window to provide fast service for non-alcohol related items for take-out only. (DRB) G:\PC\NOA\25\080525 CUP 25-014 (HB Sports Complex) Attachment 1.2 273 b. The outdoor barrier shall be designed to conform with Condition of Approval No. 25 requiring that the barrier be designed in a manner that will prohibit the passing of alcohol beverages through the barrier. c. The outdoor dining barrier shall be a solid material in lieu of cables. (PC added) d. Add delineators to provide a clear path to the designated customer walk up window per Condition No. 1 a. (PC added) 2. All proposed signage shall be reviewed and approved by the Community Development Department under a separate permit prior to installation. 3. Applicant shall provide full table service for outdoor dining patio area during operational hours. (HBZSO Sec 213.06) 4. All alcoholic beverages shall be ordered and consumed from the dining/bar top table only and delivered to guests by service staff. (PC modified) 5. All dine-in guests shall order food and beverage items from their table and shall be delivered by service staff. 6. Security staff shall be provided during alcohol service. (PC added) 7. Alcohol service shall be limited to between the hours of noon to closing (no later than 10:00 PM). (PC added) 8. The business shall obtain an Alcohol Beverage Control (ABC) license authorizing alcohol use in the business and outdoor patio. All ABC requirements shall be met prior to sales, service, or consumption of alcoholic beverages. (PD) 9. All areas of the alcohol business that are accessible to patrons shall be illuminated such that the appearance and conduct of all people in the alcohol business are visible from inside the alcohol business. (PD) 10. Food service from the regular menu must be available to patrons up to one hour before the scheduled closing time, including a cook and food servers shall be on duty. (PD) 11. An employee of the alcohol business must monitor all areas where alcohol is served. (PD) 12. Alcoholic drinks shall not be included in the price of admission. (PD) 13. All alcohol shall remain within alcohol business premises, including outdoor dining area. (PD) 14. Service of alcoholic beverages for consumption off-site shall not be permitted. (PD) 15. There shall be no requirement for patrons to purchase a minimum number of alcoholic drinks. (PD) 16. Games or contests requiring or involving consumption of alcoholic beverages shall be prohibited. (PD) G:\PC\NOA\25\080525 CUP 25-014 (HB Sports Complex) Attachment 1.3 274 17. No reduced price or promotions of alcoholic beverages shall be allowed after 7:00 p.m. (PD) 18. Last call for drinks shall be no later than 15 minutes before closing. (PD) 19. Mandatory Responsible Beverage Service (RBS) training and certification shall be required for new employees within 60 days of being hired and for existing employees every 12months. Training shall be provided by ABC or an ABC approved RBS trainer and records of the training must be maintained on-site for review. (PD) 20. All owners, employees, representatives, and agents must obey all federal, state, and local laws. In addition, all conditions of the Conditional Use Permit, Alcoholic Beverage Control License and any other regulations, provisions, or restrictions prescribed by an agency with jurisdiction over the premises are required as part of the CUP to be followed. (PD) 21. The establishment shall employ a video surveillance security system with a minimum of one- month video library recorded to a DVR or Cloud based system. The camera's minimum requirements will be: clear, color, digital and able to record in low light. The business shall ensure all public areas surrounding the business, including entrances and exits, are covered by video surveillance. Electronic copies of video must be made available to the Huntington Beach Police Department within 48 hours of request. Digital recordings shall be made available for viewing on-scene upon request by police personnel conducting investigations. You are required to have someone able to operate the system on duty during all business hours. (PD) 22. There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Exclusion: Itemized alcoholic beverage items listed on menu boards that are permanently affixed to the interior or exterior of the building are allowed. (PD) 23. Signage, posters, and advertising with "Do Not Drink and Drive" shall be posted in the outdoor dining areas. (PD) 24. Signs shall be posted in a conspicuous space at the entrance/exit of the outdoor dining area which shall state," NO ALCOHOLIC BEVERAGES BEYOND THIS POINT." (PD) 25. Dancing and/or dance floor and/or live entertainment is prohibited. (Note: a new or amended Conditional Use Permit and an Entertainment Permit issued by the City is required for these additional activities). (PD) 26. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. (PD) 27. The patio shall have a physical barrier of a minimum of 36 inches in height surrounding the outdoor dining area and designed in a manner that will prohibit passing of alcohol beverages through the barrier. (PD) 28. No dining shall be permitted in the outdoor patio areas between the hours of 10:00 PM and 7:00 AM. (PD) 29. CUP No. 25-014 shall become null and void unless exercised within two years of the date of final approval or such extension of time as may be granted by the Director pursuant to a G:\PCINOA\251080525 CUP 25-014 (HB Sports Complex) Attachment 1 .4 275 written request submitted to the Community Development Department a minimum 30 days prior to the expiration date. 30. The Development Services Departments and divisions (Building & Safety, Fire, Planning and Public Works) shall be responsible for ensuring compliance with all applicable code requirements and conditions of approval. The Director of Community Development may approve minor amendments to plans and/or conditions of approval as appropriate based on changed circumstances, new information or other relevant factors. Any proposed plan/project revisions shall be called out on the plan sets submitted for building permits. Permits shall not be issued until the Development Services Departments have reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the provisions of HBZSO Section 241.18. INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. G:\PC\NOA\25\080525 CUP 25-014 (HB Sports Complex) Attachment 1.5 25pcm0805 6:00 P.M. – COUNCIL CHAMBERS CALL PLANNING COMMISSION MEETING TO ORDER PLEDGE OF ALLEGIANCE – Led by Commissioner Goldberg P P P P P P P ROLL CALL: Pellman, Bush, Thienes, Babineau, McGee, Palmer, Goldberg PUBLIC COMMENTS - NONE PUBLIC HEARING ITEMS 25-633 APPEAL OF THE ZONING ADMINISTRATOR’S APPROVAL OF CONDITIONAL USE PERMIT NO. 25-007 (HUNTINGTON BEACH SPORTS COMPLEX) REQUEST: To allow the sales, service, and consumption of beer and wine (ABC Type 41 License) within a proposed approximately 5,200 sq. ft. outdoor dining area for an eating and drinking establishment with full table service at the Huntington Beach Sports Complex. LOCATION: 18260 Goldenwest Street, 92648 (East side of Goldenwest Street between Talbert Avenue and Ellis Avenue) RECOMMENDED ACTION: That the Planning Commission take the following actions: A) Find the proposed project categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301, Class 1 and B) Approve Conditional Use Permit No. 25-007 with suggested findings and conditions of approval (Attachment No. 1) The Commission made the following disclosures: • Commissioner McGee spoke with Vice-Chair Bush and Council Woman Van Der Mark. • Commissioner Pellman spoke at the Zoning Administrator meeting, and spoke with staff, Councilmembers McKeon and Williams, Commission Palmer, Chair Thienes, and residents. MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, AUGUST 5, 2025 HUNTINGTON BEACH CIVIC CENTER 2000 MAIN STREET, HUNTINGTON BEACH, CALIFORNIA 92648 276 PC Minutes August 5, 2025 Page 2 25pcm0805 • Vice-Chair Bush spoke with Commissioner McGee and Councilmember Williams. • Chair Thienes spoke with staff, Councilmember McKeon, Mayor Burns, and Commissioners Pellman and Babineau. • Commissioner Babineau spoke with Councilmember Twining and Chair Thienes. • Commissioner Palmer spoke to residents, Commissioner Pellman, Councilmembers Kennedy, McKeon, and Williams. • Commissioner Goldberg spoke to Councilmember McKeon. Marco Cuevas, Associate Planner, gave the staff presentation for the proposed project. There was discussion on the following items: potential safety impacts of the proposed fencing, the application of Measure C, the process for ABC approval, the proposed hours of operation, the distance between the concession stand and the tot lot, alcohol service at other park locations, and the proposed barrier height. THE PUBLIC HEARING WAS OPENED. Hank Meddano, resident, spoke in opposition, citing potential negative impacts of alcohol service during youth sports. Rick Brown, resident, spoke in opposition to Item No. 25-633, citing concerns with the potential liability issues, incompatibility with the city’s values, setting a poor precedent, and potential impacts to public safety, youth development, and parking. Billy Maddox, sports volunteer in the city, spoke in opposition to Item No. 25-633, citing concerns with the potential safety impacts, and noted that he has experienced altercations with alcohol impaired attendees. Ed Laird, resident, spoke in opposition to Item No. 25-633, citing potential conflicts with Measures C and L, and the negative impacts of alcohol service in a youth- oriented area. Mr. Laird also read a letter in opposition from resident Kevin Eliott Patricia Pappas, resident, spoke in opposition to Item No. 25-633, citing concerns with violations of the municipal code and city charter. Ms. Pappas noted that the facility is already advertising alcohol service online. Jim Easton, resident, spoke in opposition to Item No. 25-633, citing concerns with the potential negative safety impacts and providing a poor example for the children attending events at the Huntington Beach Sports Complex. Jeanne Goodin, resident, spoke in opposition to Item No. 25-633, citing the potential negative impacts to the children attending events at the Huntington Beach Sports Complex. Diana Phillips, resident, spoke in opposition to Item No. 25-633, citing the potential liability issues, and the potential negative impacts to the family friendly atmosphere at the Huntington Beach Sports Complex. Deon Cronkite, resident, spoke in opposition to Item No. 25-633, citing the potential negative safety impacts for youth sports. 277 PC Minutes August 5, 2025 Page 3 25pcm0805 Yva, resident, spoke in opposition to Item No. 25-633, citing the potential negative safety impacts. Eric Stein, resident, spoke in opposition to Item No. 25-633, citing concerns with the potential negative impacts to the children attending events at the Huntington Beach Sports Complex. Nancy Buchoz, resident, spoke in opposition to Item No. 25-633, citing concerns with the potential negative impacts and the ability of the city to enforce any restrictions. Dan Hay, resident, spoke in opposition to Item No. 25-633, citing concerns with potential conflicts with Measures C and L, potential negative safety impacts, and the incompatibility with the uses at the subject site. Dave Chennault, resident, spoke in opposition to Item No. 25-633, citing concerns with liability and security issues. Mr. Chennault recommended additional conditions that he felt would limit the potential impacts. Jerry Marchbank, applicant, spoke in support of Item No. 25-633, citing the improvements made to the concession’s facilities, the multiple requests from attendees for alcohol service, the proposed enclosed patio to mitigate impacts. Mr. Marchbank noted that many similar sports complexes, and other youth-oriented businesses, provide alcohol sales. He stated that they planned to provide security, despite the Police Department not requiring it. WITH NO ONE PRESENT TO SPEAK, THE PUBLIC HEARING WAS CLOSED. There was lengthy discussion on the following items: the potential impacts to youth sporting events, if the concession stands are exempt from Measures C and L, potentially limiting the hours of alcohol service, access to sinks onsite, changing the proposed material for the barriers, nexus being required for any additional park improvements, requiring security, alcohol service at other sports facilities, and the presence of alcohol at youth sports events. A MOTION WAS MADE BY BUSH, SECONDED BY MCGEE, TO DENY CONDITIONAL USE PERMIT NO. 25-007, BY THE FOLLOWING VOTE: AYES: Pellman, McGee, Bush NOES: Thienes, Babineau, Goldberg ABSENT: None ABSTAIN: Palmer MOTION FAILED A MOTION WAS MADE BY THIENES, SECONDED BY GOLDBERG, TO FIND THE PROPOSED PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15301, CLASS 1 AND APPROVE CONDITIONAL USE PERMIT NO. 25-007 WITH SUGGESTED FINDINGS AND MODIFIED CONDITIONS OF APPROVAL TO INCLUDE CONSUMPTION AT THE TABLE, REQUIRE A SOLID BARRIER, REQUIRE DELINEATORS TO THE WALK UP WINDOW, 278 PC Minutes August 5, 2025 Page 4 25pcm0805 REQUIRE SECURITY ONSITE, AND SET ALCOHOL HOURS OF SERVICE BETWEEN NOON AND TEN P.M., BY THE FOLLOWING VOTE: AYES: Thienes, Babineau, Palmer, Goldberg NOES: Pellman, McGee, Bush ABSENT: None ABSTAIN: None MOTION APPROVED FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Planning Commission finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15301 of the CEQA Guidelines because the project will allow for beer and wine service within an approximately 5,200 sq. ft. outdoor dining area with full table service in conjunction with an existing eating and drinking establishment; and the project does not involve an expansion to an existing structure. FINDINGS FOR APPROVAL – CONDITIONAL USE PERMIT NO. 25-007: 1. Conditional Use Permit No. 25-007 to allow the sales, service, and consumption of beer and wine (ABC License Type 41) within a proposed approximately 5,200 sq. ft. outdoor dining area for an eating and drinking establishment with full table service at the Huntington Beach Sports Complex will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood because the use is located within an existing open space park setting. The use is primarily an eating and drinking establishment and the request for alcohol service is ancillary to the primary use. The establishment of a restaurant with service of beer and wine sales will benefit and serve the surrounding area by providing a new service and all operations associated with the proposed use will occur within the delineated outdoor dining area. Although the requested use is proposed to take place within a public park setting, the outdoor patio dining area will be provided with a fence barrier, and a condition has been placed that no alcoholic beverages shall be consumed on any property adjacent to the licensed premises and must be consumed within the demarcated eating establishment’s patio dining area. The sale, service and consumption of beer and wine within the proposed outdoor dining area is not anticipated to generate additional noise, traffic, or impacts above existing conditions. Furthermore, the eating and drinking establishment is oriented on the east side of Goldenwest Street between Talbert Avenue and Ellis Avenue, with the outdoor dining patio facing existing baseball fields two and three, with the closest residences located over 450 ft. to the south. 2. The granting of Conditional Use Permit No. 25-007 to allow the sales, service, and consumption of beer and wine (ABC License Type 41) within a proposed approximately 5,200 sq. ft. outdoor dining area for an eating and drinking establishment with full table service at the Huntington Beach Sports Complex will not adversely affect the General Plan because it is consistent with the Land Use Element designation of OS-P (Open Space – Park) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: Land Use Element 279 PC Minutes August 5, 2025 Page 5 25pcm0805 Policy LU-11 (A): Encourage a variety of commercial uses that cater to local and regional demand to create an environment that meets resident needs and increases the capture of sales tax revenues. Goal LU-13: The city provides opportunities for new businesses and employees to ensure a high quality of life and thriving industry. Policy LU-13 (A): Encourage expansion of the range of goods and services provided to accommodate the needs of all residents and the market area. Goal LU-14: Huntington Beach continues to attract visitors and provides a variety of attractions and accommodations during their stay. Policy LU-14 (B): Encourage both coastal and inland visitor serving uses to offer a wide spectrum of opportunities for residents and visitors. Environmental Resources and Conservation Element Policy ERC-1 (H): Administer the City’s open space program in a manner that supports lands, resources, and services provided in regional parks, open spaces, and conservation plans. Policy ERC-2 (B): Ensure that buildings, equipment, fields, and other recreation amenities are in full use and capable of accommodating changing program demands. The request will expand the range of goods and services provided at the Huntington Beach Sports Complex by permitting the ancillary sale of beer and wine in conjunction with an eating and drinking establishment in a safe manner for residents and customers from the surrounding area. The establishment provides expanded goods and services to meet the needs of the area and will add to the capture of sales tax revenue. The proposed use is in conjunction with an existing eating and drinking establishment within the Huntington Beach Sports Complex in Central Park. The expansion of beer and wine service at existing Sports Complex concessions will enhance the visitor experience and make the Sports Complex a more marketable amenity in attracting new user groups, events and tournaments. 3. The granting of Conditional Use Permit No. 25-007 to allow the sales, service, and consumption of beer and wine (ABC License Type 41) within a proposed approximately 5,200 sq. ft. outdoor dining area for an eating and drinking establishment with full table service at the Huntington Beach Sports Complex will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) because beer and wine sales within eating and drinking establishments with full table service are permitted subject to a Conditional Use Permit within the Open Space – Parks and Recreation Subdistrict. The proposed outdoor patio dining area will be located within the premises of an existing eating and drinking establishment building, which conforms to applicable site development standards, including parking. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 25-007: 1. The site plan, floor plan and elevations received and dated July 16, 2025, and the narrative received and dated July 8, 2025, shall be the conceptually approved design with the following modifications: 280 PC Minutes August 5, 2025 Page 6 25pcm0805 a. Designate a customer walk up window to provide fast service for non-alcohol related items for take-out only. (DRB) b. The outdoor barrier shall be designed to conform with Condition of Approval No. 27 requiring that the barrier be designed in a manner that will prohibit the passing of alcohol beverages through the barrier. c. The outdoor dining barrier shall be a solid material in lieu of cables. (PC added) d. Add delineators to provide a clear path to the designated customer walk up window per Condition No. 1a. (PC added) 2. All proposed signage shall be reviewed and approved by the Community Development Department under a separate permit prior to installation. 3. Applicant shall provide full table service for outdoor dining patio area during operational hours. (HBZSO Sec 213.06) 4. All alcoholic beverages shall be ordered and consumed from the dining/bar top table only and delivered to guests by service staff. (PC modified) 5. All dine-in guests shall order food and beverage items from their table and shall be delivered by service staff. 6. Security staff shall be provided during alcohol service. (PC added) 7. Alcohol service shall be limited to between the hours of noon to closing (no later than 10:00 PM). (PC added) 8. The business shall obtain an Alcohol Beverage Control (ABC) license authorizing alcohol use in the business and outdoor patio. All ABC requirements shall be met prior to sales, service, or consumption of alcoholic beverages. (PD) 9. All areas of the alcohol business that are accessible to patrons shall be illuminated such that the appearance and conduct of all people in the alcohol business are visible from inside the alcohol business. (PD) 10. Food service from the regular menu must be available to patrons up to one hour before the scheduled closing time, including a cook and food servers shall be on duty. (PD) 11. An employee of the alcohol business must monitor all areas where alcohol is served. (PD) 12. Alcoholic drinks shall not be included in the price of admission. (PD) 13. All alcohol shall remain within alcohol business premises, including outdoor dining area. (PD) 14. Service of alcoholic beverages for consumption off-site shall not be permitted. (PD) 15. There shall be no requirement for patrons to purchase a minimum number of alcoholic drinks. (PD) 16. Games or contests requiring or involving consumption of alcoholic beverages shall be prohibited. (PD) 281 PC Minutes August 5, 2025 Page 7 25pcm0805 17. No reduced price or promotions of alcoholic beverages shall be allowed after 7:00 p.m. (PD) 18. Last call for drinks shall be no later than 15 minutes before closing. (PD) 19. Mandatory Responsible Beverage Service (RBS) training and certification shall be required for new employees within 60 days of being hired and for existing employees every 12 months. Training shall be provided by ABC or an ABC approved RBS trainer and records of the training must be maintained on-site for review. (PD) 20. All owners, employees, representatives, and agents must obey all federal, state, and local laws. In addition, all conditions of the Conditional Use Permit, Alcoholic Beverage Control License and any other regulations, provisions, or restrictions prescribed by an agency with jurisdiction over the premises are required as part of the CUP to be followed. (PD) 21. The establishment shall employ a video surveillance security system with a minimum of one- month video library recorded to a DVR or Cloud based system. The camera’s minimum requirements will be: clear, color, digital and able to record in low light. The business shall ensure all public areas surrounding the business, including entrances and exits, are covered by video surveillance. Electronic copies of video must be made available to the Huntington Beach Police Department within 48 hours of request. Digital recordings shall be made available for viewing on-scene upon request by police personnel conducting investigations. You are required to have someone able to operate the system on duty during all business hours. (PD) 22. There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Exclusion: Itemized alcoholic beverage items listed on menu boards that are permanently affixed to the interior or exterior of the building are allowed. (PD) 23. Signage, posters, and advertising with “Do Not Drink and Drive" shall be posted in the outdoor dining areas. (PD) 24. Signs shall be posted in a conspicuous space at the entrance/exit of the outdoor dining area which shall state,” NO ALCOHOLIC BEVERAGES BEYOND THIS POINT." (PD) 25. Dancing and/or dance floor and/or live entertainment is prohibited. (Note: a new or amended Conditional Use Permit and an Entertainment Permit issued by the City is required for these additional activities). (PD) 26. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. (PD) 27. The patio shall have a physical barrier of a minimum of 36 inches in height surrounding the outdoor dining area and designed in a manner that will prohibit passing of alcohol beverages through the barrier. (PD) 28. No dining shall be permitted in the outdoor patio areas between the hours of 10:00 PM and 7:00 AM. (PD) 29. CUP No. 25-007 shall become null and void unless exercised within two years of the date of final approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Community Development Department a minimum 30 days prior to the expiration date. 282 PC Minutes August 5, 2025 Page 8 25pcm0805 30. The Development Services Departments and divisions (Building & Safety, Fire, Planning and Public Works) shall be responsible for ensuring compliance with all applicable code requirements and conditions of approval. The Director of Community Development may approve minor amendments to plans and/or conditions of approval as appropriate based on changed circumstances, new information or other relevant factors. Any proposed plan/project revisions shall be called out on the plan sets submitted for building permits. Permits shall not be issued until the Development Services Departments have reviewed and approved the proposed changes for conformance with the intent of the Planning Commission’s action. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the provisions of HBZSO Section 241.18. INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney’s fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. 25-634 APPEAL OF THE ZONING ADMINISTRATOR’S APPROVAL OF CONDITIONAL USE PERMIT NO. 25-014 (HUNTINGTON BEACH SPORTS COMPLEX) REQUEST: To allow the sales, service, and consumption of beer and wine (ABC Type 41 License) within a proposed approximately 5,200 sq. ft. outdoor dining area for an eating and drinking establishment with full table service at the Huntington Beach Sports Complex. LOCATION: 7300 Talbert Street, 92648 (South side of Talbert Avenue between Goldenwest Street and Gothard Street) RECOMMENDED ACTION: That the Planning Commission take the following actions: A) Find the proposed project categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301, Class 1 and B) Approve Conditional Use Permit No. 25-014 with suggested findings and conditions of approval (Attachment No. 1) The Commission made the following disclosures: • Commissioner McGee spoke with Vice-Chair Bush and Council Woman Van Der Mark. • Commissioner Pellman spoke at the Zoning Administrator meeting, and spoke with staff, Councilmembers McKeon and Williams, Commission Palmer, Chair Thienes, and residents. 283 PC Minutes August 5, 2025 Page 9 25pcm0805 • Vice-Chair Bush spoke with Commissioner McGee and Councilmember Williams. • Chair Thienes spoke with staff, Councilmember McKeon, Mayor Burns, and Commissioners Pellman and Babineau. • Commissioner Babineau spoke with Councilmember Twining and Chair Thienes. • Commissioner Palmer spoke to residents, Commissioner Pellman, Councilmembers Kennedy, McKeon, and Williams. • Commissioner Goldberg spoke to Councilmember McKeon. Marco Cuevas, Associate Planner, gave the staff presentation for the proposed project. There was discussion on the Police Department patrol routes near the Sports Complex. THE PUBLIC HEARING WAS OPENED. Dave Chennault, resident, asked about enforcement of code violations for alcohol advertisement, Lieutenant White explained the municipal code enforcement process. Dan Hay, resident, spoke in opposition, citing the potential negative impacts to youth sports and youth sports players. WITH NO ONE PRESENT TO SPEAK, THE PUBLIC HEARING WAS CLOSED. There was lengthy discussion on personal responsibility, potential restrictions through ABC, and the potential negative impacts of alcohol on the community. A MOTION WAS MADE BY GOLDBERG, SECONDED BY THIENES, TO FIND THE PROPOSED PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15301, CLASS 1 AND APPROVE CONDITIONAL USE PERMIT NO. 25-014 WITH SUGGESTED FINDINGS AND MODIFIED CONDITIONS OF APPROVAL TO INCLUDE CONSUMPTION AT THE TABLE, REQUIRE A SOLID BARRIER, REQUIRE DELINEATORS TO THE WALK UP WINDOW, REQUIRE SECURITY ONSITE, AND SET ALCOHOL HOURS OF SERVICE BETWEEN NOON AND TEN P.M., BY THE FOLLOWING VOTE: AYES: Thienes, Babineau, Goldberg NOES: Pellman, McGee, Bush ABSENT: None ABSTAIN: Palmer MOTION FAILED A MOTION WAS MADE BY BUSH, SECONDED BY PELLMAN, TO DENY CONDITIONAL USE PERMIT NO. 25-014, BY THE FOLLOWING VOTE: AYES: Pellman, McGee, Bush 284 PC Minutes August 5, 2025 Page 10 25pcm0805 NOES: Thienes, Babineau, Goldberg ABSENT: None ABSTAIN: Palmer MOTION FAILED A MOTION WAS MADE BY GOLDBERG, SECONDED BY THIENES, TO FIND THE PROPOSED PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15301, CLASS 1 AND APPROVE CONDITIONAL USE PERMIT NO. 25-014 WITH SUGGESTED FINDINGS AND MODIFIED CONDITIONS OF APPROVAL TO INCLUDE CONSUMPTION AT THE TABLE, REQUIRE A SOLID BARRIER, REQUIRE DELINEATORS TO THE WALK UP WINDOW, REQUIRE SECURITY ONSITE, AND SET ALCOHOL HOURS OF SERVICE BETWEEN NOON AND TEN P.M., BY THE FOLLOWING VOTE: AYES: Thienes, Babineau, Palmer, Goldberg NOES: Pellman, McGee, Bush ABSENT: None ABSTAIN: None MOTION APPROVED FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Planning Commission finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15301 of the CEQA Guidelines because the project will allow for beer and wine service within an approximately 5,200 sq. ft. outdoor dining area with full table service in conjunction with an existing eating and drinking establishment; and the project does not involve an expansion to an existing structure. FINDINGS FOR APPROVAL – CONDITIONAL USE PERMIT NO. 25-014: 1. Conditional Use Permit No. 25-014 to allow the sales, service, and consumption of beer and wine (ABC License Type 41) within a proposed approximately 5,200 sq. ft. outdoor dining area for an eating and drinking establishment with full table service at the Huntington Beach Sports Complex will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood because the use is located within an existing open space park setting. The use is primarily an eating and drinking establishment and the request for alcohol service is ancillary to the primary use. The establishment of a restaurant with service of beer and wine sales will benefit and serve the surrounding area by providing a new service and all operations associated with the proposed use will occur within the delineated outdoor dining area. Although the requested use is proposed to take place within a public park setting, the outdoor patio dining area will be provided with a fence barrier, and a condition has been placed that no alcoholic beverages shall be consumed on any property adjacent to the licensed premises and must be consumed within the demarcated eating establishment’s patio dining area. The sale, service and consumption of beer and wine within the proposed outdoor dining area is not anticipated to generate additional noise, traffic, or impacts above existing conditions. Furthermore, the eating and drinking establishment is oriented south of Talbert Avenue, facing the existing 285 PC Minutes August 5, 2025 Page 11 25pcm0805 surface parking lot, with the closest residences located over 2,000 feet to the northwest and southwest. 2. The granting of Conditional Use Permit No. 25-014 to allow the sales, service, and consumption of beer and wine (ABC License Type 41) within a proposed approximately 5,200 sq. ft. outdoor dining area for an eating and drinking establishment with full table service at the Huntington Beach Sports Complex will not adversely affect the General Plan because it is consistent with the Land Use Element designation of OS-P (Open Space – Park) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: Land Use Element Policy LU-11 (A): Encourage a variety of commercial uses that cater to local and regional demand to create an environment that meets resident needs and increases the capture of sales tax revenues. Goal LU-13: The city provides opportunities for new businesses and employees to ensure a high quality of life and thriving industry. Policy LU-13 (A): Encourage expansion of the range of goods and services provided to accommodate the needs of all residents and the market area. Goal LU-14: Huntington Beach continues to attract visitors and provides a variety of attractions and accommodations during their stay. Policy LU-14 (B): Encourage both coastal and inland visitor serving uses to offer a wide spectrum of opportunities for residents and visitors. Environmental Resources and Conservation Element Policy ERC-1 (H): Administer the City’s open space program in a manner that supports lands, resources, and services provided in regional parks, open spaces, and conservation plans. Policy ERC-2 (B): Ensure that buildings, equipment, fields, and other recreation amenities are in full use and capable of accommodating changing program demands. The request will expand the range of goods and services provided at the Huntington Beach Sports Complex by permitting the ancillary sale of beer and wine in conjunction with an eating and drinking establishment in a safe manner for residents and customers from the surrounding area. The establishment provides expanded goods and services to meet the needs of the area and will add to the capture of sales tax revenue. The proposed use is in conjunction with an existing eating and drinking establishment within the Huntington Beach Sports Complex in Central Park. The expansion of beer and wine service at existing Sports Complex concessions will enhance the visitor experience and make the Sports Complex a more marketable amenity in attracting new user groups, events and tournaments. 3. The granting of Conditional Use Permit No. 25-014 to allow the sales, service, and consumption of beer and wine (ABC License Type 41) within a proposed approximately 5,200 sq. ft. outdoor dining area for an eating and drinking establishment with full table service at the Huntington Beach Sports Complex will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) 286 PC Minutes August 5, 2025 Page 12 25pcm0805 because beer and wine sales within eating and drinking establishments with full table service are permitted subject to a Conditional Use Permit within the Open Space – Parks and Recreation Subdistrict. The proposed outdoor patio dining area will be located within the premises of an existing eating and drinking establishment building, which conforms to applicable site development standards, including parking. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 25-014: 1. The site plan, floor plan, and elevations received and dated July 16, 2025, and the narrative received and dated July 8, 2025, shall be the conceptually approved design with the following modifications: a. Designate a customer walk up window to provide fast service for non-alcohol related items for take-out only. (DRB) b. The outdoor barrier shall be designed to conform with Condition of Approval No. 27 requiring that the barrier be designed in a manner that will prohibit the passing of alcohol beverages through the barrier. c. The outdoor dining barrier shall be a solid material in lieu of cables. (PC added) d. Add delineators to provide a clear path to the designated customer walk up window per Condition No. 1a. (PC added) 2. All proposed signage shall be reviewed and approved by the Community Development Department under a separate permit prior to installation. 3. Applicant shall provide full table service for outdoor dining patio area during operational hours. (HBZSO Sec 213.06) 4. All alcoholic beverages shall be ordered and consumed from the dining/bar top table only and delivered to guests by service staff. (PC modified) 5. All dine-in guests shall order food and beverage items from their table and shall be delivered by service staff. 6. Security staff shall be provided during alcohol service. (PC added) 7. Alcohol service shall be limited to between the hours of noon to closing (no later than 10:00 PM). (PC added) 8. The business shall obtain an Alcohol Beverage Control (ABC) license authorizing alcohol use in the business and outdoor patio. All ABC requirements shall be met prior to sales, service, or consumption of alcoholic beverages. (PD) 9. All areas of the alcohol business that are accessible to patrons shall be illuminated such that the appearance and conduct of all people in the alcohol business are visible from inside the alcohol business. (PD) 10. Food service from the regular menu must be available to patrons up to one hour before the scheduled closing time, including a cook and food servers shall be on duty. (PD) 11. An employee of the alcohol business must monitor all areas where alcohol is served. (PD) 287 PC Minutes August 5, 2025 Page 13 25pcm0805 12. Alcoholic drinks shall not be included in the price of admission. (PD) 13. All alcohol shall remain within alcohol business premises, including outdoor dining area. (PD) 14. Service of alcoholic beverages for consumption off-site shall not be permitted. (PD) 15. There shall be no requirement for patrons to purchase a minimum number of alcoholic drinks. (PD) 16. Games or contests requiring or involving consumption of alcoholic beverages shall be prohibited. (PD) 17. No reduced price or promotions of alcoholic beverages shall be allowed after 7:00 p.m. (PD) 18. Last call for drinks shall be no later than 15 minutes before closing. (PD) 19. Mandatory Responsible Beverage Service (RBS) training and certification shall be required for new employees within 60 days of being hired and for existing employees every 12months. Training shall be provided by ABC or an ABC approved RBS trainer and records of the training must be maintained on-site for review. (PD) 20. All owners, employees, representatives, and agents must obey all federal, state, and local laws. In addition, all conditions of the Conditional Use Permit, Alcoholic Beverage Control License and any other regulations, provisions, or restrictions prescribed by an agency with jurisdiction over the premises are required as part of the CUP to be followed. (PD) 21. The establishment shall employ a video surveillance security system with a minimum of one- month video library recorded to a DVR or Cloud based system. The camera’s minimum requirements will be: clear, color, digital and able to record in low light. The business shall ensure all public areas surrounding the business, including entrances and exits, are covered by video surveillance. Electronic copies of video must be made available to the Huntington Beach Police Department within 48 hours of request. Digital recordings shall be made available for viewing on-scene upon request by police personnel conducting investigations. You are required to have someone able to operate the system on duty during all business hours. (PD) 22. There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Exclusion: Itemized alcoholic beverage items listed on menu boards that are permanently affixed to the interior or exterior of the building are allowed. (PD) 23. Signage, posters, and advertising with “Do Not Drink and Drive" shall be posted in the outdoor dining areas. (PD) 24. Signs shall be posted in a conspicuous space at the entrance/exit of the outdoor dining area which shall state,” NO ALCOHOLIC BEVERAGES BEYOND THIS POINT." (PD) 25. Dancing and/or dance floor and/or live entertainment is prohibited. (Note: a new or amended Conditional Use Permit and an Entertainment Permit issued by the City is required for these additional activities). (PD) 26. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. (PD) 288 PC Minutes August 5, 2025 Page 14 25pcm0805 27. The patio shall have a physical barrier of a minimum of 36 inches in height surrounding the outdoor dining area and designed in a manner that will prohibit passing of alcohol beverages through the barrier. (PD) 28. No dining shall be permitted in the outdoor patio areas between the hours of 10:00 PM and 7:00 AM. (PD) 29. CUP No. 25-014 shall become null and void unless exercised within two years of the date of final approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Community Development Department a minimum 30 days prior to the expiration date. 30. The Development Services Departments and divisions (Building & Safety, Fire, Planning and Public Works) shall be responsible for ensuring compliance with all applicable code requirements and conditions of approval. The Director of Community Development may approve minor amendments to plans and/or conditions of approval as appropriate based on changed circumstances, new information or other relevant factors. Any proposed plan/project revisions shall be called out on the plan sets submitted for building permits. Permits shall not be issued until the Development Services Departments have reviewed and approved the proposed changes for conformance with the intent of the Planning Commission’s action. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the provisions of HBZSO Section 241.18. INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney’s fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. CONSENT CALENDAR - NONE NON-PUBLIC HEARING ITEMS - NONE PLANNING ITEMS Mr. Ramos reported on upcoming planning items for Planning Commission and City Council. PLANNING COMMISSION ITEMS Vice-Chair Bush asked staff to confirm if the zoning code is a guideline or law. Connor Hyland, Senior Deputy City Attorney, confirmed that the zoning code is law. ADJOURNMENT: Adjourned at 8:21 PM to the next regularly scheduled meeting of Tuesday, August 12, 2025. APPROVED BY: 289 PC Minutes August 5, 2025 Page 15 25pcm0805 Jennifer Villasenor, Secretary Brian Thienes, Chairperson 290 1 Ramos, Ricky Subject:FW: APPEAL of CUP's Importance:High From: Williams, Chad <Chad.Williams@surfcity-hb.org> Sent: Thursday, August 7, 2025 4:46 PM To: Barnes , Lisa Lane <LisaLane.Barnes@surfcity-hb.org>; Hopkins, Travis <thopkins@surfcity-hb.org> Cc: Villasenor, Jennifer <JVillasenor@surfcity-hb.org>; Bos, Jill <Jill.Bos@surfcity-hb.org> Subject: APPEAL of CUP's Importance: High I would like to make an Appeal of the Planning Commission actions taken on 8/6/25 regarding: 1. CONDITIONAL USE PERMIT NO. 25-007 (HUNTINGTON BEACH SPORTS COMPLEX) REQUEST: To allow the sales, service, and consumption of beer and wine (ABC Type 41 License) within a proposed approximately 5,200 sq. ft. outdoor dining area for an eating and drinking establishment with full table service at the Huntington Beach Sports Complex. LOCATION: 18260 Goldenwest Street, 92648 (East side of Goldenwest Street between Talbert Avenue and Ellis Avenue) 2.CONDITIONAL USE PERMIT NO. 25-014 (HUNTINGTON BEACH SPORTS COMPLEX) REQUEST: To allow the sales, service, and consumption of beer and wine (ABC Type 41 License) within a proposed approximately 5,200 sq. ft. outdoor dining area for an eating and drinking establishment with full table service at the Huntington Beach Sports Complex. LOCATION: 7300 Talbert Avenue, 92648 (South side of Talbert Avenue between Goldenwest Street and Gothard Street) Reason for appeal: Concerns raised by the public and during deliberation at the August, 6th Planning Commission meeting. Respectfully City Councilman Chad Williams p.s. I noticed I previously sent the appeal request from a non-city email address, so I am resending from my city email just in case that matters for the process. 291 CITY OF HUNTINGTON BEACH PROJECT IMPLEMENTATION CODE REQUIREMENTS DATE: 5/13/2025 PROJECT NAME: PLANNING APPLICATION NO. PA-2025-0028 ENTITLEMENTS: PROJECT LOCATION: 18260 Goldenwest St PLAN REVIEWER: Mehdi Taheri, PE, PhD TELEPHONE/E-MAIL: (714) 374-1538 / Mehdi.Taheri@surfcity-hb.org PROJECT DESCRIPTION: Outdoor Patio Dining with beer and wine sales at Huntington Beach Sports Complex at 18260 Goldenwest and 7300 Talbert The following is a list of code requirements deemed applicable to the proposed project based on plans stated above. The list is intended to assist the applicant by identifying requirements which must be satisfied during the various stages of project permitting and implementation. A list of conditions of approval adopted by the Planning Commission in conjunction with the requested entitlement(s), if any, will also be provided upon final project approval. If you have any questions regarding these requirements, please contact the Plan Reviewer. PART 1. REQUIREMENT 1. Development Impact Fees will be required for new construction and commercial/industrial additions. 2. Submit separate plans and permits for all disciplines: Building, Mechanical, Electrical, and Plumbing. 3. All accessory and minor accessory structures including site MEP will be on separate permits. Architectural plans, structural plans, and structural calculations will be required. Grading plans or civil plans will not be reviewed by Building Division. 4. Landscape plan is a separate submittal for irrigation and plants only. No accessory structures or flat work will be reviewed on the landscape plans. 5. All site work for accessibility will be reviewed and inspected based on the approved architectural plans. Grading plans or civil plans will not be reviewed by Building Division. 6. Project must adhere to all CA Title 24 Building Codes as adopted by the City in the City Municipal Code at the time of plan review submittal. 292 HUNTINGTON BEACH Page 2 of 3 PART 2. CODE REQUIREMENTS COMMERCIAL 1. Project shall comply with the current State building codes adopted by the City at the time of permit application submittal. Currently they are the 2022 California Building Code (CBC), 2022 California Mechanical Code, 2022 California Plumbing Code, 2022 California Electrical Code, 2022 California Energy Code, 2022 California Green Building Standards Code, and the Huntington Beach Municipal Code (HBMC). Compliance to all applicable state and local codes is required prior to issuance of building permit. 2. Provide all project implementation code requirements and conditions of approval on the approved building plans 3. Identify property lines on architectural site plans and clear distances between fence/ wall and building exterior walls. Show required setbacks for accessibility, egress width, fire rating requirements, opening limitations, and projections, etc per CBC. 4. Provide existing and proposed floor plans. Tenant improvement plans must show all required information for change of use and occupancy group. Plans must show that the building meets requirements for the proposed change of use and occupancy classification per 2022 CBC. Tenant improvement plans must provide a building analysis showing that the Building meets the requirements of 2022 CBC. Please note that previous use required the building to comply with CRC. 5. Review and provide compliance with Title 17 of the City of Huntington Beach Municipal Code, Building and Construction. This document can be found online at the city’s website. 6. For projects that will include multiple licensed professions in multiple disciplines, i.e. Architect and professional engineers for specific disciplines, a Design Professional in Responsible Charge will be requested per the CBC, Section 107.3.4. 7. In addition to all of the code requirements of the California Green Building Standards Code, specifically address Construction Waste Management per Sections 4.408.2, 4.408.3, 4.408.4, 5.408.1.1, 5.408.1.2, 5.408.1.3 and Building Maintenance and Operation, Section 5.410. Prior to the issuance of a building permit, the permitee will be required to describe how they will comply with the sections described above. Prior to Building Final Approval, the City will require a Waste Diversion Report per Sections 4.408.5 and 5.408.1.4. 8. Where applicable, provide short-term bicycle parking spaces (anchored bicycle racks within 200 feet of the visitor’s entrance, readily visible to passers-by) (CGBC 5.106.4). PART 3. COMMENTS COMMERCIAL 1. New structures or structural modifications require structural plans and calculations. A California licensed engineer must sign and stamp the plans and calculations. 2. Provide existing and proposed floor plans. If existing permitted floor plan/site plan differ from proposed plans, tenant improvement plan are required. Also if occupant load per 2022 California Building Code increases because of proposed scope of work, changes in floor plan, or change is seating layout, added outdoor dining, etc. tenant improvement plans are also required. Please see the link below for Tenant Improvement plan check submittal requirements: https://cms3.revize.com/revize/huntingtonbeachca/Documents/Departments/Community%20Development/ Building%20Inspections/Permit%20Centre/Applications%20&%20Forms/Plan%20Review%20Correction%20Li sts/2022%20TI-Correcction-List-Website.pdf 3. Provide a floor plan and provide occupant load calculations based on function of use of each space. Show square footage of each space on floor plan and provide assumed occupant load factor per Table 1004.5 on floor plans. Include proposed patio area in the calculation of the occupant load: a. Specify type of seating (fixed or movable) in the assembly spaces. 293 Page 3 of 3 b. Seating booths: Include one person for each 24 inches of booth seat length measured at the backrest of the seating booths. For areas having fixed seating without dividing arms, the occupant load must not be less than the number of seats based on one person for each 18 inches of seating length [1004.4]. c. For areas having fixed seats and aisles, the occupant load shall be determined by the number of fixed seats installed therein [1004.6]. d. Waiting spaces: The occupant load for areas in which fixed seating is not installed, such as waiting spaces, shall be determined in accordance with Section 1004.5 and added to the number of fixed seats [1004.6]. e. Include proposed patio area in the calculation of the occupant load. 4. Specify existing occupancy group classification for the tenant space. Change of occupancy group classification as part of the Tenant Improvement might be required. See below for more information: a. Revise occupant group classification from B to A-2. Please note CBC Section 303.1.1 can only be used with occupant load of less than 50 persons, CBC Section 303.1.1: Small buildings and tenant spaces: A building or tenant space used for assembly purposes with an occupant load of less than 50 persons shall be classified as a Group B occupancy. b. Show compliance with mixed use and occupancy per CBC Chapter 508. Identify occupancy group of the adjacent unit(s) on site plan. Specify required separation of occupancies per CBC 508. Provide minimum required fire rated assembly of demising walls: Add note on plans: fire rated assemblies must extend from top of footing to underside of roof sheathings continuous (V.I.F.). Provide construction details at demising wall locations with UL fire rated assembly. For example, a 2-hr fire rated assembly is required per CBC Table 508.4 between M and A2 occupancies for non-sprinkler buildings. c. Where a change of occupancy applies, a complete building analysis per requirements of CBC will be required. 5. Exiting Plan & Analysis: Plans should include an occupant load analysis on the plans and provide an “Exit Plan” to show a clear and dimensioned Means of Egress system that provides a continuous, unobstructed exit from any occupied point in the building to a public way. 6. Show that there are enough plumbing fixtures for the added occupant loads and proposed occupancy classification: a. Provide minimum required plumbing fixture calculations per California Plumbing Code Section 422.1: Which includes number of required water closets, lavatories, urinals, service sinks, and drinking fountains. The total occupant load and occupancy classification shall be determined in accordance with the California Building Code. See CBC Section 1004 for occupant load calculation. The area in calculations must include existing indoor and new outdoor patio areas. b. Each building or structure shall be provided with toilet facilities for employees and customers. Requirements for customers and employees shall be permitted to be met with a single set of restrooms accessible to both groups (CPC 422.4). c. Include urinals, service sinks, and drinking fountains in the minimum plumbing service calculations per CPC 422.1. 7. Project must comply with the requirements of CBC for disabled accessibility. A Certified Access Specialist (CASp) report is recommended and shall be incorporated onto the plans. 294 HUNTINGTON BEACH FIRE DEPARTMENT PLANNING COMMENTS DESCRIPTION: Sports Complex Patio Dining ADDRESS: 18260 Goldenwest and 7300 Talbert PA #: 2025-0028 DATE: 5/2/2024 REVIEWER: Jacob Worthy, Deputy Fire Marshal Jacob.Worthy@surfcity-hb.org The following is a list of code requirements deemed applicable to the proposed project based on the conceptual plans provided. The list is intended to assist the applicant by identifying requirements which must be satisfied during the various stages of project permitting and implementation. A list of conditions of approval adopted by the Planning Commission in conjunction with the requested entitlement(s), if any, will also be provided upon final project approval. If you have any questions regarding these requirements, please contact the Plan Reviewer. PRIOR TO DEMOLITION, GRADING, SITE DEVELOPMENT, ISSUANCE OF GRADING PERMITS, BUILDING PERMITS, AND/OR CONSTRUCTION, THE FOLLOWING SHALL BE REQUIRED: 1. The proposed plans do not appear to be showing any fencing, gates or doors that would impact egress. If at anytime a gate, fully enclosed fence or doors are proposed that would create an enclosed area (even outside), then compliance with CFC/CBC CH. 10 for egress will be required. a. This may included 2+ exits is area has a proposed occupant load of 50 or more, exit signs, panic hardware, max occupant load signs, egress analysis etc. Fire Department City Specifications may be obtained through the City’s website at: www.huntingtonbeachca.gov/hbfd If you have any questions, please contact the Fire Prevention Division at (714) 536-5411. 295 CITY OF HUNTINGTON BEACH PROJECT IMPLEMENTATION CODE REQUIREMENTS DATE: 5/13/2025 PROJECT NAME: PLANNING APPLICATION NO. PA-2025-0058 ENTITLEMENTS: PROJECT LOCATION: 7300 Talbert Ave PLAN REVIEWER: Mehdi Taheri, PE, PhD TELEPHONE/E-MAIL: (714) 374-1538 / Mehdi.Taheri@surfcity-hb.org PROJECT DESCRIPTION: Request for alcohol sales at the sports complex (7300 Talbert Ave) The following is a list of code requirements deemed applicable to the proposed project based on plans stated above. The list is intended to assist the applicant by identifying requirements which must be satisfied during the various stages of project permitting and implementation. A list of conditions of approval adopted by the Planning Commission in conjunction with the requested entitlement(s), if any, will also be provided upon final project approval. If you have any questions regarding these requirements, please contact the Plan Reviewer. PART 1. REQUIREMENT 1. Development Impact Fees will be required for new construction and commercial/industrial additions. 2. Submit separate plans and permits for all disciplines: Building, Mechanical, Electrical, and Plumbing. 3. All accessory and minor accessory structures including site MEP will be on separate permits. Architectural plans, structural plans, and structural calculations will be required. Grading plans or civil plans will not be reviewed by Building Division. 4. Landscape plan is a separate submittal for irrigation and plants only. No accessory structures or flat work will be reviewed on the landscape plans. 5. All site work for accessibility will be reviewed and inspected based on the approved architectural plans. Grading plans or civil plans will not be reviewed by Building Division. 6. Project must adhere to all CA Title 24 Building Codes as adopted by the City in the City Municipal Code at the time of plan review submittal. 296 HUNTINGTON BEACH Page 2 of 3 PART 2. CODE REQUIREMENTS COMMERCIAL 1. Project shall comply with the current State building codes adopted by the City at the time of permit application submittal. Currently they are the 2022 California Building Code (CBC), 2022 California Mechanical Code, 2022 California Plumbing Code, 2022 California Electrical Code, 2022 California Energy Code, 2022 California Green Building Standards Code, and the Huntington Beach Municipal Code (HBMC). Compliance to all applicable state and local codes is required prior to issuance of building permit. 2. Provide all project implementation code requirements and conditions of approval on the approved building plans 3. Identify property lines on architectural site plans and clear distances between fence/ wall and building exterior walls. Show required setbacks for accessibility, egress width, fire rating requirements, opening limitations, and projections, etc per CBC. 4. Provide existing and proposed floor plans. Tenant improvement plans must show all required information for change of use and occupancy group. Plans must show that the building meets requirements for the proposed change of use and occupancy classification per 2022 CBC. Tenant improvement plans must provide a building analysis showing that the Building meets the requirements of 2022 CBC. Please note that previous use required the building to comply with CRC. 5. Review and provide compliance with Title 17 of the City of Huntington Beach Municipal Code, Building and Construction. This document can be found online at the city’s website. 6. For projects that will include multiple licensed professions in multiple disciplines, i.e. Architect and professional engineers for specific disciplines, a Design Professional in Responsible Charge will be requested per the CBC, Section 107.3.4. 7. In addition to all of the code requirements of the California Green Building Standards Code, specifically address Construction Waste Management per Sections 4.408.2, 4.408.3, 4.408.4, 5.408.1.1, 5.408.1.2, 5.408.1.3 and Building Maintenance and Operation, Section 5.410. Prior to the issuance of a building permit, the permitee will be required to describe how they will comply with the sections described above. Prior to Building Final Approval, the City will require a Waste Diversion Report per Sections 4.408.5 and 5.408.1.4. 8. Where applicable, provide short-term bicycle parking spaces (anchored bicycle racks within 200 feet of the visitor’s entrance, readily visible to passers-by) (CGBC 5.106.4). PART 3. COMMENTS COMMERCIAL 1. New structures or structural modifications require structural plans and calculations. A California licensed engineer must sign and stamp the plans and calculations. 2. Provide existing and proposed floor plans. If existing permitted floor plan/site plan differ from proposed plans, tenant improvement plan are required. Also if occupant load per 2022 California Building Code increases because of proposed scope of work, changes in floor plan, or change is seating layout, added outdoor dining, etc. tenant improvement plans are also required. Please see the link below for Tenant Improvement plan check submittal requirements: https://cms3.revize.com/revize/huntingtonbeachca/Documents/Departments/Community%20Development/ Building%20Inspections/Permit%20Centre/Applications%20&%20Forms/Plan%20Review%20Correction%20Li sts/2022%20TI-Correcction-List-Website.pdf 3. Provide a floor plan and provide occupant load calculations based on function of use of each space. Show square footage of each space on floor plan and provide assumed occupant load factor per Table 1004.5 on floor plans. Where provided, include proposed patio area in the calculation of the occupant load: a. Specify type of seating (fixed or movable) in the assembly spaces. 297 Page 3 of 3 b. Seating booths: Include one person for each 24 inches of booth seat length measured at the backrest of the seating booths. For areas having fixed seating without dividing arms, the occupant load must not be less than the number of seats based on one person for each 18 inches of seating length [1004.4]. c. For areas having fixed seats and aisles, the occupant load shall be determined by the number of fixed seats installed therein [1004.6]. d. Waiting spaces: The occupant load for areas in which fixed seating is not installed, such as waiting spaces, shall be determined in accordance with Section 1004.5 and added to the number of fixed seats [1004.6]. e. Include proposed patio area in the calculation of the occupant load. 4. Specify existing occupancy group classification for the tenant space. Change of occupancy group classification as part of the Tenant Improvement might be required. See below for more information: a. Revise occupant group classification from B to A-2. Please note CBC Section 303.1.1 can only be used with occupant load of less than 50 persons, CBC Section 303.1.1: Small buildings and tenant spaces: A building or tenant space used for assembly purposes with an occupant load of less than 50 persons shall be classified as a Group B occupancy. b. Show compliance with mixed use and occupancy per CBC Chapter 508. Identify occupancy group of the adjacent unit(s) on site plan. Specify required separation of occupancies per CBC 508. Provide minimum required fire rated assembly of demising walls: Add note on plans: fire rated assemblies must extend from top of footing to underside of roof sheathings continuous (V.I.F.). Provide construction details at demising wall locations with UL fire rated assembly. For example, a 2-hr fire rated assembly is required per CBC Table 508.4 between M and A2 occupancies for non-sprinkler buildings. c. Where a change of occupancy applies, a complete building analysis per requirements of CBC will be required. 5. Exiting Plan & Analysis: Plans should include an occupant load analysis on the plans and provide an “Exit Plan” to show a clear and dimensioned Means of Egress system that provides a continuous, unobstructed exit from any occupied point in the building to a public way. 6. Show that there are enough plumbing fixtures for the added occupant loads and proposed occupancy classification: a. Provide minimum required plumbing fixture calculations per California Plumbing Code Section 422.1: Which includes number of required water closets, lavatories, urinals, service sinks, and drinking fountains. The total occupant load and occupancy classification shall be determined in accordance with the California Building Code. See CBC Section 1004 for occupant load calculation. Please note that “Table A” has been deleted from 2022 CPC. The area in calculations must include existing indoor and new outdoor patio areas. b. Each building or structure shall be provided with toilet facilities for employees and customers. Requirements for customers and employees shall be permitted to be met with a single set of restrooms accessible to both groups (CPC 422.4). c. Include urinals, service sinks, and drinking fountains in the minimum plumbing service calculations per CPC 422.1. 7. Project must comply with the requirements of CBC for disabled accessibility. A Certified Access Specialist (CASp) report is recommended and shall be incorporated onto the plans. 298 HUNTINGTON BEACH FIRE DEPARTMENT PLANNING COMMENTS DESCRIPTION: Sports Complex Patio Dining ADDRESS: 7300 Talbert PA #: 2025-0058 DATE: 5/2/2024 REVIEWER: Jacob Worthy, Deputy Fire Marshal Jacob.Worthy@surfcity-hb.org The following is a list of code requirements deemed applicable to the proposed project based on the conceptual plans provided. The list is intended to assist the applicant by identifying requirements which must be satisfied during the various stages of project permitting and implementation. A list of conditions of approval adopted by the Planning Commission in conjunction with the requested entitlement(s), if any, will also be provided upon final project approval. If you have any questions regarding these requirements, please contact the Plan Reviewer. PRIOR TO DEMOLITION, GRADING, SITE DEVELOPMENT, ISSUANCE OF GRADING PERMITS, BUILDING PERMITS, AND/OR CONSTRUCTION, THE FOLLOWING SHALL BE REQUIRED: 1. The proposed plans do not appear to be showing any fencing, gates or doors that would impact egress. If at anytime a gate, fully enclosed fence or doors are proposed that would create an enclosed area (even outside), then compliance with CFC/CBC CH. 10 for egress will be required. a. This may included 2+ exits is area has a proposed occupant load of 50 or more, exit signs, panic hardware, max occupant load signs, egress analysis etc. Fire Department City Specifications may be obtained through the City’s website at: www.huntingtonbeachca.gov/hbfd If you have any questions, please contact the Fire Prevention Division at (714) 536-5411. 299 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-633 MEETING DATE:8/5/2025 PLANNING COMMISSION STAFF REPORT TO:Planning Commission FROM:Jennifer Villasenor, Director of Community Development BY:Ricky Ramos, Planning Manager and Marco Cuevas Jr., Associate Planner SUBJECT: APPEAL OF THE ZONING ADMINISTRATOR’S APPROVAL OF CONDITIONAL USE PERMIT NO. 25-007 (HUNTINGTON BEACH SPORTS COMPLEX) REQUEST: To allow the sales, service, and consumption of beer and wine (ABC Type 41 License) within a proposed approximately 5,200 sq. ft. outdoor dining area for an eating and drinking establishment with full table service at the Huntington Beach Sports Complex. LOCATION: 18260 Goldenwest Street, 92648 (East side of Goldenwest Street between Talbert Avenue and Ellis Avenue) APPELLANT:Planning Commissioner Tracy Pellman APPLICANT: Matt Olmstead, HBSC Partners, 18100 Goldenwest Street, Huntington Beach, CA 92648 PROPERTY OWNER: City of Huntington Beach, PO Box 190, Huntington Beach, CA 92648 In considering this request, the Planning Commission may either uphold the Zoning Administrator’s decision (with or without modifications) or take an alternative action. ZONING ADMINISTRATOR ACTION: A) Find the proposed project categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301, Class 1 and B) Approve Conditional Use Permit No. 25-007 with suggested findings and conditions of approval (Attachment No. 1) City of Huntington Beach Printed on 7/31/2025Page 1 of 5 powered by Legistar™ 300 File #:25-633 MEETING DATE:8/5/2025 ALTERNATIVE ACTION(S): A) Do not make the suggested findings, which will result in a mandatory denial per Section 241.10(C) of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO); or B) Continue Conditional Use Permit No. 25-007 and direct staff accordingly. PROJECT PROPOSAL: The project includes the following request: Conditional Use Permit (CUP) No. 25-007 - To allow the sales, service, and consumption of beer and wine (ABC Type 41 License) within a proposed approximately 5,200 sq. ft. outdoor dining area for an eating and drinking establishment with full table service at the Huntington Beach Sports Complex (Attachment No. 2). Zoning Administrator Action: The Zoning Administrator (ZA) held a public hearing on July 16, 2025, to consider the proposed project. The applicant was present to answer questions. There were three speakers in opposition to the request. The ZA approved the project with findings and conditions of approval. Appeal: On July 23, 2025 the project was appealed by Planning Commissioner Tracy Pellman citing: 1. Concerns with the introduction of new plans and information received the day of the hearing because the public and ZA did not have adequate time to review them prior to the hearing, and 2. Questions from the public presented during the public comment not addressed to the satisfaction of the appellant during the hearing (Attachment No. 7). The plans provided by the applicant on the day of the hearing included two changes: - Redesigning the proposed outdoor dining barrier to allow for independent access to the restrooms as recommended by the Design Review Board, and - Enclosing the outdoor dining area with appropriate gates and fencing. These modifications did not change the nature, size or scope of the request and were considered minor and made in response to recommended conditions and concerns about the layout. Questions related to zoning compliance including signage, table service, and barrier fencing were addressed with recommended conditions of approval and operator responsibilities enforced through the conditional use permit. ISSUES AND ANALYSIS: Subject Property and Surrounding General Plan Designations, Zoning and Land Uses: LOCATION GENERAL PLAN ZONING LAND USE Subject Property:OS-P (Open Space - Park) OS-PR (Open Space - Parks and Recreation) Sports Complex North of Subject Property: OS-P OS-PR Central Library South of Subject Property: OS-P OS-PR Mobile Home Park East of Subject Property: OS-P OS-PR Closed Gun Range, Sully Miller Lake West of Subject Property (across Goldenwest Street): OS-P OS-PR Central Park City of Huntington Beach Printed on 7/31/2025Page 2 of 5 powered by Legistar™ 301 File #:25-633 MEETING DATE:8/5/2025 LOCATION GENERAL PLAN ZONING LAND USE Subject Property:OS-P (Open Space - Park) OS-PR (Open Space - Parks and Recreation) Sports Complex North of Subject Property: OS-P OS-PR Central Library South of Subject Property: OS-P OS-PR Mobile Home Park East of Subject Property: OS-P OS-PR Closed Gun Range, Sully Miller Lake West of Subject Property (across Goldenwest Street): OS-P OS-PR Central Park General Plan Conformance: The project is consistent with the Land Use Element designation of OS-P on the subject property and with the following goals and policies of the General Plan: Land Use Element Policy LU-11 (A): Encourage a variety of commercial uses that cater to local and regional demand to create an environment that meets resident needs and increases the capture of sales tax revenues. Goal LU-13: The city provides opportunities for new businesses and employees to ensure a high quality of life and thriving industry. Policy LU-13 (A): Encourage expansion of the range of goods and services provided to accommodate the needs of all residents and the market area. Goal LU-14: Huntington Beach continues to attract visitors and provides a variety of attractions and accommodations during their stay. Policy LU-14 (B): Encourage both coastal and inland visitor serving uses to offer a wide spectrum of opportunities for residents and visitors. Environmental Resources and Conservation Element Policy ERC-1 (H): Administer the City’s open space program in a manner that supports lands, resources, and services provided in regional parks, open spaces, and conservation plans. Policy ERC-2 (B): Ensure that buildings, equipment, fields, and other recreation amenities are in full use and capable of accommodating changing program demands. The request will expand the range of goods and services provided at the Huntington Beach Sports Complex by permitting the ancillary sale of beer and wine in conjunction with an eating and drinking establishment in a safe manner for residents and customers from the surrounding area. The establishment provides expanded goods and services to meet the needs of the area and will add to the capture of sales tax revenue. The proposed use is in conjunction with an existing eating and drinking establishment within the Huntington Beach Sports Complex in Central Park. The expansion City of Huntington Beach Printed on 7/31/2025Page 3 of 5 powered by Legistar™ 302 File #:25-633 MEETING DATE:8/5/2025 drinking establishment within the Huntington Beach Sports Complex in Central Park. The expansion of beer and wine service at existing Sports Complex concessions will enhance the visitor experience and make the Sports Complex a more marketable amenity in attracting new user groups, events and tournaments. Zoning Compliance: The proposed project complies with the provisions in Chapter 213 (Open Space) of the HBZSO as demonstrated in the table below: STANDARD REQUIRED PROPOSED Setbacks Front Side Street Side Rear Min. 25 ft. Min. 25 ft. Min. 0 ft. Min. 25 ft. Complies Lot Coverage Max. 25%No changeClick or tap here to enter text. Building Height Max. 45 ft.No change Parking 782 spaces (peak demand for Sports Complex) 858 spaces existing HBZSO Chapter 213 allows eating and drinking establishments with full table service to serve beer and wine with the approval of a Conditional Use Permit. Alcohol sales will be ancillary to the eating and drinking establishment and will provide a new service to customers. Standard conditions of approval are recommended to enhance compatibility with the area including limiting the hours of operation of the outdoor dining area where alcohol will be served to between 7 am to 10 pm daily. A peak parking demand of 782 spaces for the Sports Complex was specified in the Environmental Impact Report and 858 spaces are provided for a surplus of 76 spaces. The parking requirement for the request is accounted for in the Sports Complex peak parking demand as most customers are anticipated to be users of the Sports Complex. Urban Design Guidelines Conformance: Not applicable. Environmental Status: The project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines because the project will allow beer and wine service within an approximately 5,200 square foot outdoor dining area with full table service in conjunction with an existing eating and drinking establishment with no expansion to the existing building. Coastal Status: Not applicable. Design Review Board: The Design Review Board reviewed the design, colors, and materials of the proposed outdoor dining area and recommended the following conditions of approval which were incorporated in the ZA’s approval (Attachment No. 5): City of Huntington Beach Printed on 7/31/2025Page 4 of 5 powered by Legistar™ 303 File #:25-633 MEETING DATE:8/5/2025 - Provide a barrier that shall allow separate public access to the park bathrooms without entering into the patio dining area. - Provide a fast-service window for non-alcohol related items. Other Departments Concerns and Requirements: The Departments of Community Development, Fire, and Police have reviewed the project and provided conditions which have been included in the suggested conditions of approval as well as code requirements applicable to the project. Public Notification: Legal notice was published in the Orange County Register on Saturday, July 26, 2025 and notices were sent to property owners of record and tenants within a 500 ft. radius of the subject property, individuals/organizations requesting notification (Planning Division’s Notification Matrix), applicant, and interested parties. Application Processing Dates: DATE OF COMPLETE APPLICATION:MANDATORY PROCESSING DATE(S): May 27, 2025 Not applicable to appeals This item was originally presented to the Zoning Administrator on July 16, 2025. SUMMARY: The Planning Commission may approve the proposed project based on the following summary of findings (Attachment No. 1): ·Complies with the General Plan and zoning ordinance ·Compatible with the existing surrounding uses ATTACHMENTS: 1.Suggested Findings and Conditions of Approval 2. Plans received and dated July 16, 2025 3. Project Narrative 4. Vicinity Map 5. ZA Notice of Action 6. ZA Meeting Minutes 7. Appeal received and dated July 23, 2025 8. Code Requirements 9. PowerPoint City of Huntington Beach Printed on 7/31/2025Page 5 of 5 powered by Legistar™ 304 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-634 MEETING DATE:8/5/2025 PLANNING COMMISSION STAFF REPORT TO:Planning Commission FROM:Jennifer Villasenor, Director of Community Development BY:Ricky Ramos, Planning Manager and Marco Cuevas Jr., Associate Planner SUBJECT: APPEAL OF THE ZONING ADMINISTRATOR’S APPROVAL OF CONDITIONAL USE PERMIT NO. 25-014 (HUNTINGTON BEACH SPORTS COMPLEX) REQUEST: To allow the sales, service, and consumption of beer and wine (ABC Type 41 License) within a proposed approximately 5,200 sq. ft. outdoor dining area for an eating and drinking establishment with full table service at the Huntington Beach Sports Complex. LOCATION: 7300 Talbert Street, 92648 (South side of Talbert Avenue between Goldenwest Street and Gothard Street) APPELLANT:Planning Commissioner Tracy Pellman APPLICANT: Matt Olmstead, HBSC Partners, 18100 Goldenwest Street, Huntington Beach, CA 92648 PROPERTY OWNER: City of Huntington Beach, PO Box 190, Huntington Beach, CA 92648 In considering this request, the Planning Commission may either uphold the Zoning Administrator’s decision (with or without modifications) or take an alternative action. ZONING ADMINISTRATOR ACTION: A) Find the proposed project categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301, Class 1 and B) Approve Conditional Use Permit No. 25-014 with suggested findings and conditions of City of Huntington Beach Printed on 7/31/2025Page 1 of 5 powered by Legistar™ 305 File #:25-634 MEETING DATE:8/5/2025 approval (Attachment No. 1) ALTERNATIVE ACTION(S): A) Do not make the suggested findings, which will result in a mandatory denial per Section 241.10(C) of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO); or B) Continue Conditional Use Permit No. 25-014 and direct staff accordingly. PROJECT PROPOSAL: The project includes the following request: Conditional Use Permit (CUP) No. 25-014 - To allow the sales, service, and consumption of beer and wine (ABC Type 41 License) within a proposed approximately 5,200 sq. ft. outdoor dining area for an eating and drinking establishment with full table service at the Huntington Beach Sports Complex (Attachment No. 2). Zoning Administrator Action: The Zoning Administrator (ZA) held a public hearing on July 16, 2025 to consider the proposed project. The applicant was present to answer questions. There were two speakers in opposition to the request. The ZA approved the project with findings and conditions of approval. Appeal: On July 23, 2025 the project was appealed by Planning Commissioner Tracy Pellman citing: 1. Concerns with the introduction of new plans and information received the day of the hearing because the public and ZA did not have adequate time to review them prior to the hearing and 2. Questions from the public presented during the public comment not addressed to the satisfaction of the appellant during the hearing (Attachment No. 7). The plans provided by the applicant on the day of the hearing included two changes: - Redesigning the proposed outdoor dining barrier to allow for independent access to the restrooms as recommended by the Design Review Board, and - Enclosing the outdoor dining area with appropriate gates and fencing. These modifications did not change the nature, size or scope of the request and were considered minor and made in response to recommended conditions and concerns about the layout. Questions related to zoning compliance including signage, table service, and barrier fencing were addressed with recommended conditions of approval and operator responsibilities enforced through the conditional use permit. ISSUES AND ANALYSIS: Subject Property and Surrounding General Plan Designations, Zoning and Land Uses: LOCATION GENERAL PLAN ZONING LAND USE Subject Property:OS-P (Open Space - Park) OS-PR (Open Space - Parks and Recreation) Sports Complex North of Subject Property: OS-P OS-PR Central Library South of Subject Property: OS-P OS-PR Closed Gun Range East of Subject Property (across Gothard Street): RT (Research and Technology) RT Industrial West of Subject Property (across Goldenwest Street): OS-P OS-PR Central Park City of Huntington Beach Printed on 7/31/2025Page 2 of 5 powered by Legistar™ 306 File #:25-634 MEETING DATE:8/5/2025 LOCATION GENERAL PLAN ZONING LAND USE Subject Property:OS-P (Open Space - Park) OS-PR (Open Space - Parks and Recreation) Sports Complex North of Subject Property: OS-P OS-PR Central Library South of Subject Property: OS-P OS-PR Closed Gun Range East of Subject Property (across Gothard Street): RT (Research and Technology) RT Industrial West of Subject Property (across Goldenwest Street): OS-P OS-PR Central Park General Plan Conformance: The project is consistent with the Land Use Element designation of OS-P on the subject property and with the following goals and policies of the General Plan: Land Use Element Policy LU-11 (A): Encourage a variety of commercial uses that cater to local and regional demand to create an environment that meets resident needs and increases the capture of sales tax revenues. Goal LU-13: The city provides opportunities for new businesses and employees to ensure a high quality of life and thriving industry. Policy LU-13 (A): Encourage expansion of the range of goods and services provided to accommodate the needs of all residents and the market area. Goal LU-14: Huntington Beach continues to attract visitors and provides a variety of attractions and accommodations during their stay. Policy LU-14 (B): Encourage both coastal and inland visitor serving uses to offer a wide spectrum of opportunities for residents and visitors. Environmental Resources and Conservation Element Policy ERC-1 (H): Administer the City’s open space program in a manner that supports lands, resources, and services provided in regional parks, open spaces, and conservation plans. Policy ERC-2 (B): Ensure that buildings, equipment, fields, and other recreation amenities are in full use and capable of accommodating changing program demands. The request will expand the range of goods and services provided at the Huntington Beach Sports Complex by permitting the ancillary sale of beer and wine in conjunction with an eating and drinking establishment in a safe manner for residents and customers from the surrounding area. The establishment provides expanded goods and services to meet the needs of the area and will add to City of Huntington Beach Printed on 7/31/2025Page 3 of 5 powered by Legistar™ 307 File #:25-634 MEETING DATE:8/5/2025 establishment provides expanded goods and services to meet the needs of the area and will add to the capture of sales tax revenue. The proposed use is in conjunction with an existing eating and drinking establishment within the Huntington Beach Sports Complex in Central Park. The expansion of beer and wine service at existing Sports Complex concessions will enhance the visitor experience and make the Sports Complex a more marketable amenity in attracting new user groups, events and tournaments. Zoning Compliance: The proposed project complies with the provisions in Chapter 213 (Open Space) of the HBZSO as demonstrated in the table below: STANDARD REQUIRED PROPOSED Setbacks Front Side Street Side Rear Min. 25 ft. Min. 25 ft. Min. 0 ft. Min. 25 ft. Complies Lot Coverage Max. 25%No changeClick or tap here to enter text. Building Height Max. 45 ft.No change Parking 782 spaces (peak demand for Sports Complex) 858 spaces existing HBZSO Chapter 213 allows eating and drinking establishments with full table service to serve beer and wine with the approval of a Conditional Use Permit. Alcohol sales will be ancillary to the eating and drinking establishment and will provide a new service to customers. Standard conditions of approval are recommended to enhance compatibility with the area including limiting the hours of operation of the outdoor dining area where alcohol will be served to between 7 am to 10 pm daily. A peak parking demand of 782 spaces for the Sports Complex was specified in the Environmental Impact Report and 858 spaces are provided for a surplus of 76 spaces. The parking requirement for the request is accounted for in the Sports Complex peak parking demand as most customers are anticipated to be users of the Sports Complex. Urban Design Guidelines Conformance: Not applicable. Environmental Status: The project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines because the project will allow beer and wine service within an approximately 5,200 square foot outdoor dining area with full table service in conjunction with an existing eating and drinking establishment with no expansion to the existing building. Coastal Status: Not applicable. Design Review Board: The Design Review Board reviewed the design, colors, and materials of the proposed outdoor dining City of Huntington Beach Printed on 7/31/2025Page 4 of 5 powered by Legistar™ 308 File #:25-634 MEETING DATE:8/5/2025 area and recommended the following conditions of approval which were incorporated in the ZA’s approval (Attachment No. 5): - Provide a barrier that shall allow separate public access to the park bathrooms without entering into the patio dining area. - Provide a fast-service window for non-alcohol related items. Other Departments Concerns and Requirements: The Departments of Community Development, Fire, and Police have reviewed the project and provided conditions which have been included in the suggested conditions of approval as well as code requirements applicable to the project. Public Notification: Legal notice was published in the Orange County Register on Saturday, July 26, 2025 and notices were sent to property owners of record and tenants within a 500 ft. radius of the subject property, individuals/organizations requesting notification (Planning Division’s Notification Matrix), applicant, and interested parties. Application Processing Dates: DATE OF COMPLETE APPLICATION:MANDATORY PROCESSING DATE(S): May 27, 2025 Not applicable to appeals This item was originally presented to the Zoning Administrator on July 16, 2025. SUMMARY: The Planning Commission may approve the proposed project based on the following summary of findings (Attachment No. 1): ·Complies with the General Plan and zoning ordinance ·Compatible with the existing surrounding uses ATTACHMENTS: 1.Suggested Findings and Conditions of Approval 2. Plans received and dated July 16, 2025 3. Project Narrative 4. Vicinity Map 5. ZA Notice of Action 6. ZA Meeting Minutes 7. Appeal received and dated July 23, 2025 8. Code Requirements 9. PowerPoint City of Huntington Beach Printed on 7/31/2025Page 5 of 5 powered by Legistar™ 309 310 MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Council Chambers -Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, JULY 16, 2025-1:30 P.M. ZONING ADMINISTRATOR: STAFF MEMBER: PUBLIC COMMENTS: Joanna Cortez Marco Cuevas Jr., Jason Kelley, Michelle Romero NONE ITEM 1: TENTATIVE PARCEL MAP NO. 25-114 (SAUCEDO SUBDIVISION): APPLICANT: PROPERTY OWNER: REQUEST: ENVIRONMENTAL STATUS: LOCATION: CITY CONTACT: Daniel Rubio, 18090 Beach Boulevard, Huntington Beach, CA 92648 Melany and Eduardo Saucedo, 342 Portland Circle # 344, Huntington Beach, CA 92648 To subdivide an existing 6,236 sq. ft. lot into two 3,118 sq. ft. lots. This request is covered by California Environmental Quality Act Class 15, Section 15315. 344 Portland Circle, 92648 (South side of Portland Circle between Huntington Street and Delaware Street) Jason Kelley Jason Kelley, Senior Planner, displayed project plans and stated the purpose, location, zoning, and existing use of the subject site. Staff provided an overview of the proposed project and the suggested findings and conditions for approval as presented in the executive summary. Staff received no public comments on the proposed project. Joanna Cortez, Zoning Administrator, had no questions for staff. THE PUBLIC HEARING WAS OPENED. Eduardo Saucedo, property owner, had no comments or concerns with staff's recommendations. THERE WAS NO ONE ELSE PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Cortez confirmed with staff that the application was subject to standard code requirements. Ms. Cortez stated that she would approve the request as recommended by staff. TENTATIVE PARCEL MAP NO. 25-114 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. STAFF STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR MAY BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. G:'J'.A'J'.AMIN\25\zm071625.Doc 1 (25zm0716) 311 FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Zoning Administrator finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15315 of the CEQA Guidelines, because the project consists of the division of property in an urbanized area zoned for residential use into four or fewer parcels, in conformance with the General Plan and zoning, with no variances or exceptions required; and with all services and access to the proposed parcels available. FINDINGS FOR APPROVAL -TENTATIVE PARCEL MAP NO. 25-144 (TPM-25-002): 1. Tentative Parcel Map No. 25-144 (TPM-25-002) for the subdivision of one 6,236 sq. ft. lot (71.89' wide by 88.36' deep) into two approximately 3,118 sq. ft. lots is consistent with the General Plan Land Use Element designation of Residential Medium-High Density on the subject property. The proposed subdivision complies with all applicable provisions of the Subdivision Map Act and the HBZSO and is consistent with previous subdivisions in the surrounding neighborhood. The project includes demolition of the existing residential structures and will provide for the future development of two new single-family dwellings, in accordance with applicable land use, density and development standards. 2. The site is physically suitable for the type and density of development allowed by the corresponding zoning designation. Although no development is proposed at this time, the site is currently developed with a duplex to be demolished. The proposed two-lot subdivision will comply with all applicable code provision of the HBZSO including the minimum parcel size of 2,500 sq. ft. and minimum lot width of 25 feet, as required in the RMH-A (Residential Medium High Density -Small Lot) zoning district. The proposed lots are level, rectangular and present no significant constraints to development. The site is accessible from an existing public street and all necessary public utilities and services are available. 3. The design of the subdivision or the proposed improvements will not cause serious health problems or substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The subdivision is proposed for a property previously developed for residential use. The site does not serve as a habitat for fish or wildlife. 4. The design of the subdivision or future improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision, since no access easements exist within the proposed subdivision. Vehicular access to the site would be along Portland Circle abutting the front property line. Reciprocal easements for utility services currently exist within the front six feet of each lot. CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP NO. 25-144 {TPM-25-002): 1. The Tentative Parcel Map No. 25-144 (TPM-25-002) for the subdivision of one 6,236 sq. ft. lot (71.89' wide by 88.36' deep) into two approximately 3,118 sq. ft. lots, received and dated June 27, 2025, shall be the approved layout. 2. Prior to final map recordation building permits for demolition of the existing structures shall be obtained and finaled. 3. Prior to issuance of a grading permit and/or building permits for new construction, the final parcel map shall be recorded with the County of Orange. G:IZAIZAMIN\25\zm071625.Doc 2 (25zm0716) 312 INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. ITEM 2: COASTAL DEVELOPMENT PERMIT NO. 25-010 (ZELLMER RESIDENCE): APPLICANT: PROPERTY OWNER: REQUEST: ENVIRONMENTAL STATUS: LOCATION: CITY CONTACT: Craig Woolbert, 5622 Littler Drive, Huntington Beach, CA 92649 Weston and Laura Zellmer, 16701 Peale Lane, Huntington Beach, CA 92649 To construct a second-story addition measuring approximately 1,335 sq. ft. at an overall height of 22 ft. 7 ¾ in. Categorically Exempt pursuant to Section 15301, Class 1, additions to existing structures provided that the addition will not result in an increase of more than 50 percent of the floor area of the structure before the addition. 16701 Peale Lane, 92649 (South side of Peale Lane near the intersection of Gilbert Drive) Marco Cuevas Jr. Marco Cuevas Jr., Associate Planner, displayed project plans and stated the purpose, location, zoning, and existing use of the subject site. Staff provided an overview of the proposed project and the suggested findings and conditions for approval as presented in the executive summary. Staff received no public comments on the proposed project. Joanna Cortez, Zoning Administrator, had no questions for staff. THE PUBLIC HEARING WAS OPENED. Weston Zellmer, property owner, had no comments or concerns with staff's recommendations. THERE WAS NO ONE ELSE PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Cortez stated that she would approve the request as recommended by staff. COASTAL DEVELOPMENT PERMIT NO. 25-010 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. STAFF STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR MAY BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) BUSINESS DAYS. FINDINGS FOR PROJECTS EXEMPT FROM CEQA: G:IZAIZAMIN\25\zm071625.Doc 3 (25zm0716) 313 The Zoning Administrator finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines because the project would develop an addition less than 50 percent of existing floor area of an existing single-family residence within an existing urbanized residential zone. FINDINGS FOR APPROVAL -COASTAL DEVELOPMENT PERMIT NO. 25-010: 1. Coastal Development Permit No. 25-010 to construct a new second-story addition measuring approximately 1,335 sq. ft. at an overall height of 22 ft. 7 ¾ in. conforms with the General Plan, including the Local Coastal Program because the project is consistent with the Coastal Element Land use Policy C 1.1.1 to encourage new development to locate within, contiguous to or in close proximity to existing developed areas able to accommodate it. The proposed development will occur entirely on a developed site, contiguous to properties developed with existing single-family residential uses. 2. Coastal Development Permit No. 25-010 to construct a new second-story addition measuring approximately 1,335 sq. ft. at an overall height of 22 ft. 7 ¾ in. is consistent with the requirements of the CZ Overlay District, the base zoning district, as well as other applicable provisions of the Municipal Code because the project will comply with all applicable development regulations, including maximum building height, minimum yard setbacks, lot coverage, and privacy design standards. 3. At the time of occupancy, the proposed development can be provided with infrastructure in a manner that is consistent with the Local Coastal Program because Coastal Development Permit No. 25-010 to construct a new second-story addition measuring approximately 1,335 sq. ft. at an overall height of 22 ft. 7 ¾ in. is located in an urbanized area with all necessary services and infrastructure available, including water, sewer, and roadways. 4. Coastal Development Permit No. 25-010 to construct a new second-story addition measuring approximately 1,335 sq. ft. at an overall height of 22 ft. 7 ¾ in. conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act in that the project will not impede public access, recreation, or views to coastal resources. CONDITIONS OF APPROVAL-COASTAL DEVELOPMENT PERMIT NO. 25-010: 1. The site plan, floor plans, and elevations received and dated May 2, 2025, shall be the conceptually approved layout. 2. Prior to submittal of building permits, the following shall be completed: Zoning entitlement conditions of approval shall be printed verbatim on one of the first three pages of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical, and plumbing) and shall be referenced in the sheet index. The minimum font size utilized for printed text shall be 12 point. 3. During demolition, grading, site development, and/or construction, the following shall be completed: a. Construction equipment shall be maintained in peak operating condition to reduce emissions. b. Use low sulfur (0.5%) fuel by weight for construction equipment. G:'il.A'il.AMIN\25\zm071625.Doc 4 (25zm0716) 314 c. Truck idling shall be prohibited for periods longer than 10 minutes. d. Attempt to phase and schedule activities to avoid high ozone days first stage smog alerts. e. Discontinue operation during second stage smog alerts. f. Ensure clearly visible signs are posted on the perimeter of the site identifying the name and phone number of a field supervisor to contact for information regarding the development and any construction/grading activity. 4. Prior to issuance of final building permits, the following shall be completed: a. All improvements must be completed in accordance with approved plans. b. Compliance with all conditions of approval specified herein shall be verified by the Community Development Department. c. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them. 5. The applicant and/or applicant's representative shall be responsible for ensuring the accuracy of all plans and information submitted to the City for review and approval. 6. Coastal Development Permit No. 25-010 shall become null and void unless exercised within two years of the date of final approval or within one year of the date of final Coastal Development Permit approval by the Coastal Commission if the Coastal Development Permit is appealed, or such extension of time as may be granted by the Director pursuant to a written request submitted to the Community Development Department a minimum 30 days prior to the expiration date. 7. The Development Services Departments and divisions (Building & Safety, Fire, Planning and Public Works) shall be responsible for ensuring compliance with all applicable code requirements and conditions of approval. The Director of Community Development may approve minor amendments to plans and/or conditions of approval as appropriate based on changed circumstances, new information or other relevant factors. Any proposed plan/project revisions shall be called out on the plan sets submitted for building permits. Permits shall not be issued until the Development Services Departments have reviewed and approved the proposed changes for conformance with the intent of the Zoning Administrator's action. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Zoning Administrator may be required pursuant to the provisions of HBZSO Section 241.18. INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, G:IZAIZAMIN\25\zm071625.Doc 5 (25zm0716) 315 including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. ITEM 3: CONDITIONAL USE PERMIT NO. 25-017 (EV CHARGING GARAGE): APPLICANT: PROPERTY OWNER: REQUEST: ENVIRONMENTAL STATUS: LOCATION: CITY CONTACT: Michael lsaev, Partner Construction, Inc., 20701 Beach Boulevard, Space 273, Huntington Beach, CA 92648 Huntington Beach Wetlands Conservancy, P.O. Box 5903, Huntington Beach, CA 92615 To allow the construction of an approximately 375 sq. ft. electric vehicle charging station garage. This request is covered by Categorical Exemption Section 15301, Class 1 of the California Environmental Quality Act. 21900 Pacific Coast Highway, 92646 (North side of Pacific Coast Highway East of Newland Street) Marco Cuevas Jr. Marco Cuevas Jr., Associate Planner, displayed project plans and stated the purpose, location, zoning, and existing use of the subject site. Staff provided an overview of the proposed project and the suggested findings and conditions for approval as presented in the executive summary. Staff received one public comment inquiring about the proposed project. Joanna Cortez, Zoning Administrator, had no questions for staff. THE PUBLIC HEARING WAS OPENED. John Villa, representative of the applicant, had no comments or concerns with staff's recommendations. THERE WAS NO ONE ELSE PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Cortez stated that she would approve the request as recommended by staff. CONDITIONAL USE PERMIT NO. 25-017 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. STAFF STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR MAY BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Zoning Administrator finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15303 of the CEQA Guidelines, because the project consists of construction of accessory (appurtenant) structures including garages, and carports, patios, swimming pools, and fences. FINDINGS FOR APPROVAL -CONDITIONAL USE PERMIT NO. 25-017: G:'ZA'ZAMIN\25\zm071625.Doc 6 (25zm0716) 316 1. Conditional Use Permit No. 25-017 to construct an approximately 375 sq. ft. electric vehicle charging station garage, will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood because the project involves construction of an electric vehicle charging garage and the proposed use will not generate traffic, demand for parking, or other impacts detrimental to surrounding properties and inconsistent with the subject property's industrial zoning. The primary use of the electric vehicle charging station garage will be for charging electric vehicles related to the Wetlands Conservancy organization, and it is not intended to be used or designed as a public charging station. The proposed electric vehicle charging garage will be located within the east portion of the property's parking lot and will not have impacts pertaining to noise and/or odors to further reduce potential impacts to surrounding properties and uses. 2. The granting of the Conditional Use Permit 25-017 to construct an approximately 375 sq. ft. electric vehicle charging station garage will not adversely affect the General Plan because it is consistent with the Land Use Element designation of P (Public) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: A. Land Use Element Goal LU-1: New commercial, industrial, and residential development is coordinated to ensure that the land use pattern is consistent with the overall goals and needs of the community. Policy LU-1 (A): Ensure that development is consistent with the land use designations presented in the Land Use Map, including density, intensity, and use standards applicable to each land use designation. Policy LU-1 (DJ: Ensure that new development projects are of compatible proportion, scale, and character to complement adjoining uses. The proposed project will develop an electric vehicle charging garage on a site that is currently used as a parking lot for the Wetlands Conservancy that is consistent with permitted uses in the Public (P) land use designation and is consistent with the other existing buildings on site. The proposed garage will be oriented facing Pacific Coast Highway, behind a 6-foot- tall block wall and adjacent to existing accessory structures on the property. The height of the garage will be 14 ft. 1 in. and will also be consistent with other structures on site and in the surrounding vicinity. 3. The proposed conditional use permit to construct an approximately 375 sq. ft. electric vehicle charging station garage will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) and any specific condition required for the proposed use in the district in which it would be located because the proposed use is permitted in the IG-CZ -0 (Industrial General -Coastal Zone -Oil) zone, subject to zoning administrator approval, pursuant to Section 212.04 of the HBZSO -IG, IL, and RT Districts: Land Use Controls. The proposed electric vehicle charging garage will be located within an existing industrial parking lot, which conforms to applicable site development standards in terms of minimum yard setbacks. CONDITIONS OF APPROVAL -CONDITIONAL USE PERMIT NO. 25-017: G:IZAIZAMIN\25\zm071625.Doc 7 (25zm0716) 317 1. The site plan, floor plans, and elevations received and dated April 24, 2025, shall be the conceptually approved design. 2. Prior to submittal for building permits, zoning entitlement conditions of approval shall be printed verbatim on one of the first three pages of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical, and plumbing) and shall be referenced in the sheet index. The minimum font size utilized for printed text shall be 12 point. 3. The structure shall not be occupied, and the final building permit(s) shall not be approved until the following have been completed: a. All improvements must be completed in accordance with approved plans. b. Compliance with all conditions of approval specified herein shall be verified by the Community Development Department. c. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them. 4. The applicant and/or applicant's representative shall be responsible for ensuring the accuracy of all plans and information submitted to the City for review and approval. 5. Conditional Use Permit No. 25-017 shall not become effective until the ten calendar day appeal period has elapsed. 6. Conditional Use Permit No. 25-017 shall become null and void unless exercised within two years of the date of final approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Community Development Department a minimum of 30 days prior to the expiration date. 7. The Development Services Departments and divisions (Building & Safety, Fire, Planning and Public Works) shall be responsible for ensuring compliance with all applicable code requirements and conditions or approval. The Director of Community Development may approval minor amendments to plans and/or conditions of approval as appropriate based on changed circumstances, new information or other relevant factors. Any proposed plan/project revisions shall be called out on the plan sets submitted for building permits. Permits shall not be issued until the Development Services Departments have reviewed and approved the proposed changes for conformance with the intent of the Zoning Administrator's action. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Zoning Administrator may be required pursuant to the provisions of HBZSO Section 241.18. INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any G:'-Z.A'-Z.AMIN\25\zm071625.Ooc 8 (25zm0716) 318 approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. ITEM 4: CONDITIONAL USE PERMIT NO. 25-007 (HUNTINGTON BEACH SPORTS COMPLEX): APPLICANT: PROPERTY OWNER: REQUEST: ENVIRONMENTAL STATUS: LOCATION: CITY CONTACT: Matt Olmstead, HBSC Partners, 18100 Goldenwest Street, Huntington Beach, CA 92648 City of Huntington Beach, PO Box 190, Huntington Beach, CA 92648 To allow the sales, service, and consumption of beer and wine (ABC Type 41 License) within a proposed approximately 5,200 sq. ft. outdoor dining area for an eating and drinking establishment with full table service at the Huntington Beach Sports Complex. This request is covered by Categorical Exemption, Class 1, Section 15301 of the California Environmental Quality Act. 18260 Goldenwest Street, 92648 (East side of Goldenwest Street between Talbert Avenue and Ellis Avenue) Marco Cuevas Jr. Marco Cuevas Jr., Associate Planner, displayed project plans and stated the purpose, location, zoning, and existing use of the subject site. Staff provided an overview of the proposed project and the suggested findings and conditions for approval as presented in the executive summary. Staff received one public comment through email with comments and concerns regarding the proposed request. Staff modified Condition 25 to add language from the police department. Joanna Cortez, Zoning Administrator, had no questions for staff. THE PUBLIC HEARING WAS OPENED. Jerry March bank, representative of the applicant, cited that he and his partners are residents of Huntington Beach. He noted that he wants to reduce travel for parents and instead he would like to bring everyone to Huntington Beach. He cited that since taking over the complex in 2021 they're booked 50 weekends a year and host a variety of sports events. He stated that they have hosted local, regional, and national events. He noted that the next evolution for the sports complex is elevating the food and beverage experience. He added that up until a year ago the city had a different concession operator and issued an RFP in which HBSC Partners was selected as the proposal through the evaluation process. Dave Chennault, resident, expressed concerns regarding alcohol already being consumed by parents openly on the park. He stated he doesn't have a problem with the proposed request for serving beer and wine, if they can provide security. He commented that there are many conditions on the Conditional Use Permit that are currently not in compliance. He cited that the plans do not reflect a fully enclosed dining area. He noted that the suggested findings and conditions state that there should be no advertisement for alcohol on the exterior of the building, which is currently up. He requested that the applicant incorporates the conditional use permit provisions into the plans and resubmits in efforts to comply. He stated that a full-service restaurant should be defined in G: 'Z.A 'ZAM I N\25\zm071625. Ooc 9 (25zm0716) 319 the provisions, to make sure that they are complying. He cited that the renderings display a walk- up bar and in a full-service restaurant you can't stand and drink beer, you must be seated. David Cicerone, Finance Commissioner and resident, stated he was not in representation of the Finance Commission. He noted that in the past two years, the commission has scrubbed down lease agreements and contracts like the proposed request. He expressed concerns with no secure access to enter and exit the complex. He noted that the applicant needs to provide security because he fears that parents will overindulge and it might ignite physical altercations. He expressed concerns about the city's liability and exposure. Tracy Pellman, Planning Commissioner and resident, noted that the lease agreement does not meet the Measure C requirements. She expressed concern with the protection of children with the proposed request. She cited that in the conditions of approval it should state what constitutes a full-service restaurant. She commented that per the code it states that no alcohol should be served in the same facility as youth activities. She noted that the ABC department authorizes to refuse the issuance, other than renewal or ownership transfer of any retail license located within 600 fl. of schools, private playgrounds, non-profit youth facilities. She spoke regarding the lease agreement, Measure J, and Measure L. She stated that she will appeal the project to the planning commission because there was no funding mechanism, does not comply with what was approved last fall by City Council, and it did not comply with Measure C. She stated that it was a nice project, and she has nothing against it. Louie Palmerin, Director of Food and Beverage, noted that he has 25 years of experience in the restaurant industry and that there isn't a way to define full-service dining. He stated that everyone has their own concept, and that the restaurant industry is always evolving. He confirmed servers will be taking orders at the tables and bringing food, beverages and taking payment. He commented that patrons will have the option to order and pay through a QR code from their table. He confirmed that he spoke to the Police Department regarding the advertisement of the name of their business, and the other signage would come down. He stated that he provided updated plans before the meeting to staff, from the architect that displayed a railing with aircraft cable all around and encloses most open spaces. He noted that they will have actual security, certified trained staff, to serve responsibly and monitor that there isn't alcohol leaving the exits. He confirmed that they will acquire a state mandate through ABC and have those certifications on site. Mr. Cuevas, confirmed that he received the updated plans, and they comply with the recommendations from the Design Review Board to have the area fully enclosed. He stated that staff discussed what constitutes full-service as customers seated, orders are taken by servers, meals are brought to tables, and essentially being catered too. Jerry Marchbank, representative of the applicant, stated that plans for signage for the proposed project were undergoing the permitting process. He also asked that Conditions #3 and 4 be amended to clarify that table and bar will be fully serviced, as stated in their narrative. Chris Cole, Community Services Manager, spoke regarding Measure C and confirmed that it was approved by the City Attorney's office and City Council approved the concept. Ms. Cortez stated that the Code Enforcement division and their objective is to enforce the code and if they receive any complaints or concerns, the intent is to work with the community to achieve compliance. She stated that similar designs have been approved for outdoor dining with alcohol, adjacent to families and businesses. She noted this project has been reviewed by multiple G:IZAIZAMIN\25\zm071625.Doc 10 (25zm0716) 320 departments within our city, including our police department. She stated that it is very hard to achieve an ABC beer and wine license, and they will be the final determine on whether they get the license. THERE WAS NO ONE ELSE PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Cortez stated that she would approve the request along with the following modifications: • Amended Condition 1 to include the floor and site plan received and dated 07/16/25. • Add Condition 1 C to state that the barrier that is modified to comply with Condition 25, designed in a manner to prohibit the passing of alcohol. • Condition 1 modified to include the narrative, so if there is an enforcement issue, they can easily see how the business is supposed to operate. • Add a condition that any proposed signs shall be reviewed and approved, on separate permits by the Community Development Department. CONDITIONAL USE PERMIT NO. 25-007 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND MODIFIED CONDITIONS OF APPROVAL. STAFF STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR MAY BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DA VS. FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Zoning Administrator finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15301 of the CEQA Guidelines because the project will allow for beer and wine service within an approximately 5,200 sq. ft. outdoor dining area with full table service in conjunction with an existing eating and drinking establishment; and the project does not involve an expansion to an existing structure. FINDINGS FOR APPROVAL -CONDITIONAL USE PERMIT NO. 25-007: 1. Conditional Use Permit No. 25-007 to allow the sales, service, and consumption of beer and wine (ABC License Type 41) within a proposed approximately 5,200 sq. ft. outdoor dining area for an eating and drinking establishment with full table service at the Huntington Beach Sports Complex will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood because the use is located within an existing open space park setting. The use is primarily an eating and drinking establishment and the request for alcohol service is ancillary to the primary use. The establishment of a restaurant with service of beer and wine sales will benefit and serve the surrounding area by providing a new service and all operations associated with the proposed use will occur within the delineated outdoor dining area. Although the requested use is proposed to take place within a public park setting, the outdoor patio dining area will be provided with a fence barrier, and a condition has been placed that no alcoholic beverages shall be consumed on any property adjacent to the licensed premises and must be consumed within the demarcated eating establishment's patio dining area. The sale, service and consumption of beer and wine within the proposed outdoor dining area is not anticipated to generate additional noise, traffic, or impacts above existing conditions. Furthermore, the eating and drinking establishment is oriented on the east side of Goldenwest Street between G:IZAIZAMIN\25\zm071625.Doc 11 (25zm0716) 321 Talbert Avenue and Ellis Avenue, with the outdoor dining patio facing existing baseball fields two and three, with the closest residences located over 450 ft. to the south. 2. The granting of Conditional Use Permit No. 25-007 to allow the sales, service, and consumption of beer and wine (ABC License Type 41) within a proposed approximately 5,200 sq. ft. outdoor dining area for an eating and drinking establishment with full table service at the Huntington Beach Sports Complex will not adversely affect the General Plan because it is consistent with the Land Use Element designation of OS-P (Open Space -Park) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: Land Use Element Policy LU-11 (A): Encourage a variety of commercial uses that cater to local and regional demand to create an environment that meets resident needs and increases the capture of sales tax revenues. Goal LU-13: The city provides opportunities for new businesses and employees to ensure a high quality of life and thriving industry. Policy LU-13 (A): Encourage expansion of the range of goods and services provided to accommodate the needs of all residents and the market area. Goal LU-14: Huntington Beach continues to attract visitors and provides a variety of attractions and accommodations during their stay. Policy LU-14 (B): Encourage both coastal and inland visitor serving uses to offer a wide spectrum of opportunities for residents and visitors. The request will expand the range of goods and services provided in the area by permitting the ancillary sale of beer and wine in conjunction with an eating and drinking establishment in a safe manner for residents and customers from the surrounding area. The establishment provides expanded goods and services to meet the needs of the area and will add to the capture of sales tax revenue. The proposed use is located within an existing eating and drinking establishment within an existing park area situated within the Huntington Beach Sports Complex area on the east side of Goldenwest Street between Talbert Avenue and Ellis Avenue with adequate accessibility. 3. The granting of Conditional Use Permit No. 25-007 to allow the sales, service, and consumption of beer and wine (ABC License Type 41) within a proposed approximately 5,200 sq. ft. outdoor dining area for an eating and drinking establishment with full table service at the Huntington Beach Sports Complex will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) because beer and wine sales within eating and drinking establishments with full table service are permitted subject to a Conditional Use Permit within the Open Space -Parks and Recreation Subdistrict. The proposed outdoor patio dining area will be located within the premises of an existing eating and drinking establishment building, which conforms to applicable site development standards, including parking. CONDITIONS OF APPROVAL -CONDITIONAL USE PERMIT NO. 25-007: G:IZAIZAMIN\25\zm071625.Ooc 12 (25zm0716) 322 1. The site plan, floor plan and elevations received and dated July 16, 2025, and the narrative received and dated July 8, 2025, shall be the conceptually approved design with the following modifications: a. Site plan shall be updated to provide a barrier allowing for independent access to restrooms without entering the outdoor dining area. (DRB) b. Designate a customer walk up window to provide fast service for non-alcohol related items for take-out only. (DRB) c. The outdoor barrier shall be designed to conform with Condition of Approval No. 25 requiring that the barrier be designed in a manner that will prohibit the passing of alcohol beverages through the barrier. 2. All proposed signage shall be reviewed and approved by the Community Development Department under a separate permit prior to installation. 3. Applicant shall provide full table service for outdoor dining patio area during operational hours. (HBZSO Sec 213.06) 4. All alcoholic beverages shall be ordered from the dining/bar top table only and delivered to guests by service staff. 5. All dine-in guests shall order food and beverage items from their table and shall be delivered by service staff. 6. The business shall obtain an Alcohol Beverage Control (ABC) license authorizing alcohol use in the business and outdoor patio. All ABC requirements shall be met prior to sales, service, or consumption of alcoholic beverages. (PD) 7. All areas of the alcohol business that are accessible to patrons shall be illuminated such that the appearance and conduct of all people in the alcohol business are visible from inside the alcohol business. (PD) 8. Food service from the regular menu must be available to patrons up to one hour before the scheduled closing time, including a cook and food servers shall be on duty. (PD) 9. An employee of the alcohol business must monitor all areas where alcohol is served. (PD) 10. Alcoholic drinks shall not be included in the price of admission. (PD) 11. All alcohol shall remain within alcohol business premises, including outdoor dining area. (PD) 12. Service of alcoholic beverages for consumption off-site shall not be permitted. (PD) 13. There shall be no requirement for patrons to purchase a minimum number of alcoholic drinks. (PD) G:IZAIZAMIN\25\zm071625.Doc 13 (25zm0716) 323 14. Games or contests requiring or involving consumption of alcoholic beverages shall be prohibited. (PD) 15. No reduced price or promotions of alcoholic beverages shall be allowed after 7:00 p.m. (PD) 16. Last call for drinks shall be no later than 15 minutes before closing. (PD) 17. Mandatory Responsible Beverage Service (RBS) training and certification shall be required for new employees within 60 days of being hired and for existing employees every 12 months. Training shall be provided by ABC or an ABC approved RBS trainer and records of the training must be maintained on-site for review. (PD) 18. All owners, employees, representatives, and agents must obey all federal, state, and local laws. In addition, all conditions of the Conditional Use Permit, Alcoholic Beverage Control License and any other regulations, provisions, or restrictions prescribed by an agency with jurisdiction over the premises are required as part of the CUP to be followed. (PD) 19. The establishment shall employ a video surveillance security system with a minimum of one- month video library recorded to a DVR or Cloud based system. The camera's minimum requirements will be: clear, color, digital and able to record in low light. The business shall ensure all public areas surrounding the business, including entrances and exits, are covered by video surveillance. Electronic copies of video must be made available to the Huntington Beach Police Department within 48 hours of request. Digital recordings shall be made available for viewing on-scene upon request by police personnel conducting investigations. You are required to have someone able to operate the system on duty during all business hours. (PD) 20. There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Exclusion: Itemized alcoholic beverage items listed on menu boards that are permanently affixed to the interior or exterior of the building are allowed. (PD) 21. Signage, posters, and advertising with "Do Not Drink and Drive" shall be posted in the outdoor dining areas. (PD) 22. Signs shall be posted in a conspicuous space at the entrance/exit of the outdoor dining area which shall state," NO ALCOHOLIC BEVERAGES BEYOND THIS POINT." (PD) 23. Dancing and/or dance floor and/or live entertainment is prohibited. (Note: a new or amended Conditional Use Permit and an Entertainment Permit issued by the City is required for these additional activities). (PD) 24. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. (PD) 25. The patio shall have a physical barrier of a minimum of 36 inches in height surrounding the outdoor dining area and designed in a manner that will prohibit passing of alcohol beverages through the barrier. (PD) 26. No dining or consumption of alcoholic beverages shall be permitted in the outdoor patio areas between the hours of 10:00 PM and 7:00 AM. (PD) G:IZAIZAMIN\25\zm071625.Ooc 14 (25zm0716) 324 27. CUP No. 25-007 shall become null and void unless exercised within two years of the date of final approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Community Development Department a minimum 30 days prior to the expiration date. 28. The Development Services Departments and divisions (Building & Safety, Fire, Planning and Public Works) shall be responsible for ensuring compliance with all applicable code requirements and conditions of approval. The Director of Community Development may approve minor amendments to plans and/or conditions of approval as appropriate based on changed circumstances, new information or other relevant factors. Any proposed plan/project revisions shall be called out on the plan sets submitted for building permits. Permits shall not be issued until the Development Services Departments have reviewed and approved the proposed changes for conformance with the intent of the Zoning Administrator's action. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Zoning Administrator may be required pursuant to the provisions of HBZSO Section 241. 18. INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. ITEM 5: CONDITIONAL USE PERMIT NO. 25-014 (HUNTINGTON BEACH SPORTS COMPLEX): APPLICANT: PROPERTY OWNER: REQUEST: ENVIRONMENTAL STATUS: LOCATION: CITY CONTACT: Matt Olmstead, HBSC Partners, 18100 Goldenwest Street, Huntington Beach, CA 92648 City of Huntington Beach, PO Box 190, Huntington Beach, CA 92648 To allow the sales, service, and consumption of beer and wine (ABC Type 41 License) within a proposed approximately 5,200 sq. ft. outdoor dining area for an eating and drinking establishment with full table service at the Huntington Beach Sports Complex. This request is covered by Categorical Exemption, Class 1, Section 15301 of the California Environmental Quality Act. 7300 Talbert Avenue, 92648 (South side of Talbert Avenue between Goldenwest Street and Gothard Street) Marco Cuevas Jr. Marco Cuevas Jr., Associate Planner, displayed project plans and stated the purpose, location, zoning, and existing use of the subject site. Staff provided an overview of the proposed project and the suggested findings and conditions for approval as presented in the executive summary. Staff received one public comment through email with comments and concerns regarding the G:IZAIZAMIN\25\zm071625.Doc 15 (25zm0716) 325 proposed request. Staff modified Condition 25; to add language that the design barrier will prohibit the passing of alcohol. Joanna Cortez, Zoning Administrator, had no questions for staff. THE PUBLIC HEARING WAS OPENED. Jerry March bank, representative of the applicant, stated that they had provided staff with updated plans before the meeting. Dave Chennault, resident, expressed concerns regarding QR ordering and that he doesn't believe that it is allowed in this state to order alcohol without food online. He noted that the patrons who are kids will have to walk through the full-service restaurant with alcohol to get their concessions. He stated that the water fountains for the playgrounds are in this facility. He commented that patrons should not be able to stand and drink beers, they should be seated for a full-service restaurant. Tracy Pellman, Planning Commissioner and resident, stated that the lease agreement was reviewed by City Attorney Micheal Gates and that he relied on Measure L. She noted that it was voted between 1995-1996 and this project happened after the 2000s, and because of Measure C it is required for anything involving parks to go forth a vote for the people. She noted that since there have been many modifications, the application should be continued and brought back, so that there is transparency with the public. Louie Palmerin, Director of Food and Beverage, confirmed that QR ordering will be used in a standard form in which anyone that orders alcohol, their ID will be checked. The QR code is meant to expedite service but there will still be an assigned server to a table and when patrons are greeted, their ID will be checked before the alcohol is served. He also confirmed that it is allowed for people to stand and drink a beer. Chris Cole, Community Services Manager, confirmed that this application went through the traditional tracking process and was reviewed by all necessary departments. He stated that the RFP went out twice because some council members felt like it needed to be revised. He confirmed with a lease agreement such as this, it is routed for approval, it is reviewed first by the City Attorney's office and then City Council for approval. THERE WAS NO ONE ELSE PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Cortez stated that she would approve the request along with the following modifications: • Amended Condition 1 to include the floor and site plan received and dated 07/16/25. • Add Condition 1 C to state that the barrier that is modified to comply with Condition 25, designed in a manner to prohibit the passing of alcohol. • Condition 1 modified to include the narrative, so if there is an enforcement issue, they can easily see how the business is supposed to operate. • Add a condition that any proposed signs shall be reviewed and approved, on separate permits by the Community Development Department. CONDITIONAL USE PERMIT NO. 25-014 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND MODIFIED CONDITIONS OF APPROVAL. STAFF STATED THAT THE ACTION TAKEN BY THE ZONING G:IZAIZAMIN\25\zm071625.Doc 16 (25zm0716) 326 ADMINISTRATOR MAY BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Zoning Administrator finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15301 of the CEQA Guidelines because the project will allow for beer and wine service within an approximately 5,200 sq. ft. outdoor dining area with full table service in conjunction with an existing eating and drinking establishment; and the project does not involve an expansion to an existing structure. FINDINGS FOR APPROVAL -CONDITIONAL USE PERMIT NO. 25-014: 1. Conditional Use Permit No. 25-014 to allow the sales, service, and consumption of beer and wine (ABC License Type 41) within a proposed approximately 5,200 sq. ft. outdoor dining area for an eating and drinking establishment with full table service at the Huntington Beach Sports Complex will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood because the use is located within an existing open space park setting. The use is primarily an eating and drinking establishment and the request for alcohol service is ancillary to the primary use. The establishment of a restaurant with service of beer and wine sales will benefit and serve the surrounding area by providing a new service and all operations associated with the proposed use will occur within the delineated outdoor dining area. Although the requested use is proposed to take place within a public park setting, the outdoor patio dining area will be provided with a fence barrier, and a condition has been placed that no alcoholic beverages shall be consumed on any property adjacent to the licensed premises and must be consumed within the demarcated eating establishment's patio dining area. The sale, service and consumption of beer and wine within the proposed outdoor dining area is not anticipated to generate additional noise, traffic, or impacts above existing conditions. Furthermore, the eating and drinking establishment is oriented south of Talbert Avenue, facing the existing surface parking lot, with the closest residences located over 2,000 feet to the northwest and southwest. 2. The granting of Conditional Use Permit No. 25-014 to allow the sales, service, and consumption of beer and wine (ABC License Type 41) within a proposed approximately 5,200 sq. ft. outdoor dining area for an eating and drinking establishment with full table service at the Huntington Beach Sports Complex will not adversely affect the General Plan because it is consistent with the Land Use Element designation of OS-P (Open Space -Park) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: Land Use Element Policy LU-11 (A): Encourage a variety of commercial uses that cater to local and regional demand to create an environment that meets resident needs and increases the capture of sales tax revenues. Goal LU-13: The city provides opportunities for new businesses and employees to ensure a high quality of life and thriving industry. G:IZAIZAMIN\25\zm071625.Doc 17 (25zm0716) 327 Policy LU-13 (A): Encourage expansion of the range of goods and services provided to accommodate the needs of all residents and the market area. Goal LU-14: Huntington Beach continues to attract visitors and provides a variety of attractions and accommodations during their stay. Policy LU-14 (8): Encourage both coastal and inland visitor serving uses to offer a wide spectrum of opportunities for residents and visitors. The request will expand the range of goods and services provided in the area by permitting the ancillary sale of beer and wine in conjunction with an eating and drinking establishment in a safe manner for residents and customers from the surrounding area. The establishment provides expanded goods and services to meet the needs of the area and will add to the capture of sales tax revenue. The proposed use is located within an existing eating and drinking establishment within an existing park area situated within the Huntington Beach Sports Complex area on the south side of Talbert Avenue between Goldenwest and Gothard Street with adequate accessibility. 3. The granting of Conditional Use Permit No. 25-014 to allow the sales, service, and consumption of beer and wine (ABC License Type 41) within a proposed approximately 5,200 sq. ft. outdoor dining area for an eating and drinking establishment with full table service at the Huntington Beach Sports Complex will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) because beer and wine sales within eating and drinking establishments with full table service are permitted subject to a Conditional Use Permit within the Open Space -Parks and Recreation Subdistrict. The proposed outdoor patio dining area will be located within the premises of an existing eating and drinking establishment building, which conforms to applicable site development standards, including parking. CONDITIONS OF APPROVAL -CONDITIONAL USE PERMIT NO. 25-014: 1. The site plan, floor plan, and elevations received and dated July 16, 2025, and the narrative received and dated July 8, 2025, shall be the conceptually approved design with the following modifications: a. Site plan shall be updated to provide a barrier allowing for independent access to restrooms without entering the outdoor dining area. (DRB) b. Designate a customer walk up window to provide fast service for non-alcohol related items for take-out only. (DRB) c. The outdoor barrier shall be designed to conform with Condition of Approval No. 25 requiring that the barrier be designed in a manner that will prohibit the passing of alcohol beverages through the barrier. 2. All proposed signage shall be reviewed and approved by the Community Development Department under a separate permit prior to installation. 3. Applicant shall provide full table service for outdoor dining patio area during operational hours. (HBZSO Sec 213.06) G:==MIN\25\zm071625.Ooc 18 (25zm0716) 328 4. All alcoholic beverages shall be ordered from the dining table/bar top table only and delivered to guests by service staff. 5. All dine-in guests shall order food and beverage items from their table and shall be delivered by service staff. 6. The business shall obtain an Alcohol Beverage Control (ABC) license authorizing alcohol use in the business and outdoor patio. All ABC requirements shall be met prior to sales, service, or consumption of alcoholic beverages. (PD) 7. All areas of the alcohol business that are accessible to patrons shall be illuminated such that the appearance and conduct of all people in the alcohol business are visible from inside the alcohol business. (PD) 8. Food service from the regular menu must be available to patrons up to one hour before the scheduled closing time, including a cook and food servers shall be on duty. (PD) 9. An employee of the alcohol business must monitor all areas where alcohol is served. (PD) 10. Alcoholic drinks shall not be included in the price of admission. (PD) 11. All alcohol shall remain within alcohol business premises, including outdoor dining area. (PD) 12. Service of alcoholic beverages for consumption off-site shall not be permitted. (PD) 13. There shall be no requirement for patrons to purchase a minimum number of alcoholic drinks. (PD) 14. Games or contests requiring or involving consumption of alcoholic beverages shall be prohibited. (PD) 15. No reduced price or promotions of alcoholic beverages shall be allowed after 7:00 p.m. (PD) 16. Last call for drinks shall be no later than 15 minutes before closing. (PD) 17. Mandatory Responsible Beverage Service (RBS) training and certification shall be required for new employees within 60 days of being hired and for existing employees every 12months. Training shall be provided by ABC or an ABC approved RBS trainer and records of the training must be maintained on-site for review. (PD) 18. All owners, employees, representatives, and agents must obey all federal, state, and local laws. In addition, all conditions of the Conditional Use Permit, Alcoholic Beverage Control License and any other regulations, provisions, or restrictions prescribed by an agency with jurisdiction over the premises are required as part of the CUP to be followed. (PD) 19. The establishment shall employ a video surveillance security system with a minimum of one- month video library recorded to a DVR or Cloud based system. The camera's minimum requirements will be: clear, color, digital and able to record in low light. The business shall ensure all public areas surrounding the business, including entrances and exits, are covered by video surveillance. Electronic copies of video must be made available to the Huntington Beach Police Department within 48 hours of request. Digital recordings shall be made G:IZAIZAMIN\25\zm071625.Doc 19 (25zm0716) 329 available for viewing on-scene upon request by police personnel conducting investigations. You are required to have someone able to operate the system on duty during all business hours. (PD) 20. There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Exclusion: Itemized alcoholic beverage items listed on menu boards that are permanently affixed lo the interior or exterior of the building are allowed. (PD) 21. Signage, posters, and advertising with "Do Not Drink and Drive" shall be posted in the outdoor dining areas. (PD) 22. Signs shall be posted in a conspicuous space at the entrance/exit of the outdoor dining area which shall state," NO ALCOHOLIC BEVERAGES BEYOND THIS POINT." (PD) 23. Dancing and/or dance floor and/or live entertainment is prohibited. (Note: a new or amended Conditional Use Permit and an Entertainment Permit issued by the City is required for these additional activities). (PD) 24. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. (PD) 25. The patio shall have a physical barrier of a minimum of 36 inches in height surrounding the outdoor dining area and designed in a manner that will prohibit passing of alcohol beverages through the barrier. (PD) 26. No dining or consumption of alcoholic beverages shall be permitted in the outdoor patio areas between the hours of 10:00 PM and 7:00 AM. (PD) 27. CUP No. 25-014 shall become null and void unless exercised within two years of the date of final approval or such extension of lime as may be granted by the Director pursuant to a written request submitted to the Community Development Department a minimum 30 days prior to the expiration date. 28. The Development Services Departments and divisions (Building & Safety, Fire, Planning and Public Works) shall be responsible for ensuring compliance with all applicable code requirements and conditions of approval. The Director of Community Development may approve minor amendments to plans and/or conditions of approval as appropriate based on changed circumstances, new information or other relevant factors. Any proposed plan/project revisions shall be called out on the plan sets submitted for building permits. Permits shall not be issued until the Development Services Departments have reviewed and approved the proposed changes for conformance with the intent of the Zoning Administrator's action. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Zoning Administrator may be required pursuant to the provisions of HBZSO Section 241.18. INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or G:'iZ.A'iZ.AMIN\25\zm071625.Doc 20 (25zm0716) 330 its agents, officers or employees , to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council , Planning Commission , or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim , action or proceeding and should cooperate fully in the defense thereof. JC:mr G:\ZA\ZAMIN\25\zm071625.Doc 21 (25zm0716) Appeal of the Planning Commission’s Approval of Conditional Use Permit No. 25-007 and No. 25-014 HB Sports Complex 18260 Goldenwest Street & 7300 Talbert Street September 2, 2025 331 Request To permit the sales, service, and consumption of beer and wine (ABC Type 41 License) within a proposed approximately 5,200 sq. ft. outdoor dining area for an eating and drinking establishment with full table service at two locations at the Huntington Beach Sports Complex. 332 Project Location Go l d e n w e s t S t r e e t Go t h a r d S t r e e t • General Plan – OS-P • Zoning – OS-PR • Two existing eating and drinking establishments within Sports Complex 18260 Goldenwest St. CUP No. 25-007 HB SPORTS COMPLEX 7300 Talbert St. CUP No. 25-014 Talbert Street 333 Background •Jan/ May 2024: City released RFP for operation of the Sports Complex concessions •RFP contemplated potential sale of alcohol •Sept. 2024: City Council unanimously voted to award contract to 1909: Craft Beer and Concessions •Agreement enabled alcohol service if required permits from City and ABC are obtained •There were no speakers and one written communication in support •July 2025: Zoning Administrator approved CUP Nos. 25-007 & 25-014 •Added conditions of approval •Five speakers during hearing speaking both in support and opposition •Aug. 2025: Planning Commission approved CUP Nos. 25-007 & 25-014 with added and modified conditions of approval 334 N • Approx. 5,200 sq. ft. enclosed patio • Table service seating area •Restrooms outside fenced patio • Approx. 80 ft. to playground Site Plan (18260 Goldenwest St.) Existing Building ~80 feet 335 ~ ~, & ~ .. 1.-h ;~ :,; §; ' ( !i~ n------:-::-----=-::jt:==~==Ut---,--Dl i r r====-=-=:i-~-=--=---=--=--=-~-ir • I! I H 11 -" H uo; ~ i ~' f ! m I 1, " o• ~3~ .;, Renderings 336 Site Plan (7300 Talbert St.) N Existing Building ~8 feet • Approx. 5,200 sq. ft. enclosed patio • Table service seating area • Restrooms outside fenced patio • Approx. 8 ft. to playground 337 Renderings 338 Analysis Considerations and 8/5/25 Public Hearing • Received letters of support and oppositi on Support: Elevate experience, support local business, offer menu options Oppose: Unsafe near children, cause accidents • 14 speakers opposed at hearing Public safety, location, and proximity to youth, sports fields, and playgrounds • 1 other location in Central Park (Kathy May’s Cafe) currently serves alcohol • ABC Type 41 licenses to be obtained prior to beer and wine service 339 Analysis (cont.) PC Approval with revised conditions including: • Requiring outdoo r dining barrier to be of a solid material in lieu of cables • Adding delineators for clear path to designated customer walk up window • Requiring beer and wine to be ordered and consumed from the dining/bar top tables only and delivered to guests by service staff • Providing security staff during beer and wine service • Limiting beer/wine service between noon to closing (no later than 10:00 PM) Appeal • Filed by Council Member Will iams on 8/7/25 • Concerns raised by the public and during deliberation at PC meeting 340 Recommendation The City Council may approve the proposed project based on the suggested findings and conditions of approval: • Complies with the General Plan and zoning ordinance • Provides an enhanced amenity within the Sports Complex • Use is ancillary to existing eating and drinking establishment and HB Sports Complex • Conditions of approval incorporated to promote safe service of beer and wine and compliance with all applicable laws and regulations 341 You don't often get email from tpellman100@gmail.com. Learn why this is important From:Villasenor, Jennifer To:Bos, Jill; Ramos, Ricky; De Coite, Kim Subject:FW: Appeal of Zoning administrator action taken on 7/16/25 Date:Thursday, July 24, 2025 10:15:52 AM Fyi From: T. Pellman <tpellman100@gmail.com> Sent: Wednesday, July 23, 2025 8:10 PM To: Villasenor, Jennifer <JVillasenor@surfcity-hb.org>; Barnes , Lisa Lane <LisaLane.Barnes@surfcity-hb.org> Subject: Appeal of Zoning administrator action taken on 7/16/25 Jennifer VillasenorDirector of community Development Deputy Director of Community Development2000 Main Street, HB, CA 92648 Jvillasenor@surfcity-hb.org Lisa Lane Barnes Huntington Beach City Clerk2000 Main Street, HB, CA 92648 Lisalane.barnes@surfcity-hb.org Appeal of Zoning administrator action taken on 7/16/25 regarding: 1. CONDITIONAL USE PERMIT NO. 25-007 (HUNTINGTON BEACH SPORTS COMPLEX) REQUEST: To allow the sales, service, and consumption of beer and wine (ABC Type 41 License) within a proposed approximately 5,200 sq. ft. outdoor dining area for an eating and drinking establishment with full table service at the Huntington Beach Sports Complex. LOCATION: 18260 Goldenwest Street, 92648 (East side of Goldenwest Street between Talbert Avenue and Ellis Avenue) 2. CONDITIONAL USE PERMIT NO. 25-014 (HUNTINGTON BEACH SPORTS COMPLEX) REQUEST: To allow the sales, service, and consumption of beer and wine (ABC Type 41 License) within a proposed approximately 5,200 sq. ft. outdoor dining area for an eating and drinking establishment with full table service at the Huntington Beach Sports Complex. LOCATION: 7300 Talbert Avenue, 92648 (South side of Talbert Avenue between Goldenwest Street and Gothard Street) Appeal reasons: 1. The introduction of new plans and information that were received the day of the hearing raise serious concerns because the public and the zoning administrator did not have adequate time to review them prior to the hearing. 2. Question(s) from the public presented during public comment not addressed to my satisfaction during the hearing. Tracy Pellman City of HB Planning commissioner 16691 Greenview Lane, HB, CA 92649 Tpellman100@gmail.com Attachment: Sent from my iPhone 342 [ and Multimedia Status : In control: Final action: Agenda Ready Zoning Administrator LUSE PERMIT NO . 25-007 (HUNTINGTON BEACH SPORTS COMPLEX) RE T: o a the sa,_...,..,,rvice , and cc icense) within a proposed approximately 5,200 sq. ft. outdoor dining area fi n eating and drinking e tablishme t with full t mplex . LOCATION: 18260 Goldenwest Street, 92648 (East side ofGol nwest Street between Talbert Avenue HBSC -18260 Goldenwest) Findings and Conditions of A P-proval , 2 . !ans received and dated July_l_Q , 2025 , 3 . endering§., By Action Result Action Details Meeting Deta Some people who received this message don't often get email from patgoodman@yahoo.com. Learn why this is important From:Ramos, Ricky To:Cuevas, Marco Subject:FW: Vote No on Agenda Items 25-633 and 25-634 Date:Monday, August 4, 2025 9:47:49 AM Late communication. From: Pat Goodman <patgoodman@yahoo.com> Sent: Monday, August 4, 2025 8:19 AM To: Planning Commission <planning.commission@surfcity-hb.org> Subject: Vote No on Agenda Items 25-633 and 25-634 I'm opposed to permit zoning that allows alcohol service at the Sports Complex for a number of reasons but mostly that it will creat a non-family friendly environment and the liability that will be attached to the city for any alchohol related incidents if the alchohol is seen as contributing the problem. I think the city could come up with better ways to generat revenue like have great breakfasts all day long. I don't think this creates the image we want to have. Thank you. Pat Goodman 343 1- Some people who received this message don't often get email from justlisted@yahoo.com. Learn why this is important From:Ramos, Ricky To:Cuevas, Marco Subject:FW: Against Planning Commission Public Hearing Item Date:Monday, August 4, 2025 10:49:11 AM From: chris macdonald <justlisted@yahoo.com> Sent: Monday, August 4, 2025 10:47 AM To: Planning Commission <planning.commission@surfcity-hb.org> Cc: Chad Williams <chad@sealofchrist.com>; Kathleen Pedick <judahsline@gmail.com> Subject: Against Planning Commission Public Hearing Item Hello Huntington Beach Planning Commissioners, In regards to the special Planning Commission Meeting on Tuesday August 5th, 2025 let it be known that I'm against the item pertaining to selling alcohol at The Huntington Beach Sports Complex. It is not safe to do that with young children and can cause accidents as a result. Thank You, Chris MacDonald Huntington Beach Native 344 I From:Jeremy Schlosser To:Cuevas, Marco; Ramos, Ricky Subject:HB Sports Complex Support Date:Monday, August 4, 2025 3:55:40 PM Some people who received this message don't often get email from jeremyschlosser7@gmail.com. Learn why thisis important To whom it may concern, I just wanted to send a little note expressing my support for craft beer and wine services at the HB Sports Complex. I’ve been a HB resident for a while, a coach for local youth organizations and high school. I spend a ton of time at the complex coaching and playing rec league sports. I believe this would add a great value to the complex. Thank you for hearing me out. Jeremy Schlosser 345 1- From:Vince Abernathy To:Cuevas, Marco Subject:1909 Craft Beer Date:Monday, August 4, 2025 4:11:10 PM You don't often get email from vince.abernathy@yahoo.com. Learn why this is important Hello, I have been a resident and home owner in Huntington Beach since 2015. I have been playing softball at the HBSC well before 2015, now coach little league at Huntington Valley Little League, and also have a travel baseball made up of only kids from HVLL. I think the addition of beer and wine at the sports complex would be a positive for the community. The additional revenue would help improve the fields but also provide a spot for teams and people to hang out longer. I’m excited to see the positive impact this will have on our community. Thank you Vince Abernathy 949.584.5061 Sent from my iPhone 346 I From:mikey Duarte To:Cuevas, Marco Subject:HB sports complex Date:Monday, August 4, 2025 4:23:30 PM You don't often get email from mikeyduarte17@gmail.com. Learn why this is important Hi Marco My name is Mikey Duarte, and I’ve been fortunate to build a strong youth baseball brand here locally. Huntington Beach is home to nearly half of our families, and the support from this community has been incredible. I’ve had the privilege of working closely with Matt, Jerry, and Ryan for years. These guys have been instrumental in youth sports. They’re not just professionals — they’re fathers — and they treat the 400+ kids in our program like their own. Their vision for the future of sports in Huntington Beach is massive. It’s something that can truly redefine this city — not just for athletes, but for small businesses, families, and the community as a whole. With the right investment in fields, food, and family-friendly environments, this becomes more than just youth sports — it becomes a destination. The beer and food concepts they’ve introduced offer incredible value and create lasting experiences for families, while reinvesting back into Huntington in ways that matter — infrastructure, fields, and future opportunity. These are big dreams — not just for this generation, but for many more to come. All the best, Mikey Duarte Stacked Baseball 347 I From:Nate Harwood To:Cuevas, Marco; Ramos, Ricky Subject:1909 Craft Beer & Concessions - HBSC Agenda items 25-633 & 25-634 Date:Monday, August 4, 2025 4:23:56 PM Some people who received this message don't often get email from nharwood007@gmail.com. Learn why this isimportant Dear City Council, I am writing to express my full support for the Huntington Beach Sports Complex (HBSC) in their efforts to expand and grow. As you are aware, the HBSC has become a premier destination for athletics and events, gaining recognition not just in our region, but across the country. In recent years, they have made tremendous strides in enhancing their brand and solidifying their position as a leader in youth sports throughout Southern California. A key part of this growth has been their initiative to diversify the range of cuisine and beverages available at the venue. This expansion would not only enhance the experience for attendees but also bolster the Complex’s reputation. As a former president and current board member of a local Little League, as well as a Youth League coach who has spent countless hours at this venue, I strongly support their efforts to have the 1909 craft beer and concessions approved. This initiative will add to the overall experience for families and athletes, creating a more vibrant and enjoyable atmosphere. As a long-time resident of Huntington Beach, I believe that this stance is widely shared by the community, and we remain optimistic about the approval process. Thank you for your time and consideration. Sincerely, Nate Harwood 348 1- From:Randy Cielen To:Cuevas, Marco; Ramos, Ricky Subject:1909 Sports Complex Date:Monday, August 4, 2025 4:28:22 PM Some people who received this message don't often get email from randycielen88@gmail.com. Learn why this isimportant Dear Members of the Huntington Beach City Council, My name is Randy Cielen and I am writing to respectfully propose the addition of craft beer and food service at our local sports complex. This enhancement would not only elevate the experience for families, fans, and participants,but also create new opportunities for local businesses to thrive. With Huntington Beach being home to a vibrant craft beer scene and a strong community of food vendors, this initiative can support our local economy while creating a welcoming, family-friendly environment. Implementing responsible service guidelines and designated consumption areas would ensure safety and compliance with city regulations. We believe this upgrade would encourage longer stays, boost community engagement, and generate additional revenue for facility maintenance and future improvements. Thanks, Randy 349 1- From:David L To:Cuevas, Marco Subject:Sports complex Date:Monday, August 4, 2025 4:29:30 PM You don't often get email from hbdave2923@yahoo.com. Learn why this is important Allowing alcohol sales at the Huntington Beach Sports Complex can enhance the overall experience for visitors, boost local revenue, and support community events. Many sports venues across the country successfully manage alcohol sales with effective policies, ensuring a safe and enjoyable environment. Offering beer and wine can attract more attendees to games and tournaments, fostering a lively atmosphere that benefits both fans and athletes. Additionally, controlled alcohol sales can provide a significant economic boost. Revenues from these sales can be reinvested into facility improvements, youth programs, and community events, creating a positive cycle of growth and enrichment. By implementing strict ID checks, designated drinking areas, and responsible vendor training, the complex can maintain a family-friendly environment while offering adult beverage options. Overall, allowing alcohol sales not only meets consumer demand but also supports the complex’s financial sustainability and enhances the community’s recreational offerings. Respectfully David Leon 44yr resident 10131 Constitution Drive Baseball parent Sent from my iPhone 350 I From:Clayton Botkin To:Cuevas, Marco; Ramos, Ricky Cc:Louie Palmerin Subject:HB Sports Complex Transformation / Alcohol Application Date:Monday, August 4, 2025 4:29:53 PM Some people who received this message don't often get email from claytonbotkin@gmail.com. Learn why this is important Hello Gentlemen, My name is Clay Botkin and I have been an active member in the HB community since moving here 15 years ago. As a father, business owner, football coach, baseball coach, adult softball player, and event organizer, I am writing to you to express my extreme excitement over the transformation of the Sports Complex. I would like to offer my emphatic support of the Sports Complex's efforts to make Huntington Beach THE destination for travel ball tournaments, festivals, and concerts. In my mind, to make this happen, it is crucial to offer more than what standard city-run facilities offer, including the ability to sell beer and wine. The Sports Complex has the makings of a world class facility and the city of Huntington Beach is on the precipice of rebranding itself in a very positive way. We are a city of a deeply rooted surf culture, but also of extremely reputable sports programs. Between HBHS being a nationally ranked baseball team year after year, Ocean View Little League winning the World Series, Edison competing at the state level for Football, etc., we are becoming a sports Mecca in Orange County and we deserve a facility that reflects that identity. The transformation of the Sports Complex isn't just about giving adult softballers the ability to have a beer with their friends - it's about expanding the points of interest in HB from our downtown scene to something broader. It's about making HB the place travel sports teams aim to visit when they're planning their next trip. It's about drawing interest from around the nation, which helps tourism, helps house prices, and sure, it benefits the locals who want to enjoy our city as it continues to improve. Look, I get the opposing viewpoint, I really do. But, oftentimes a loud few stand in the way of much needed change - heck, I'm generally on that side of the fence. However, in this case, we are talking about driving tourism, helping the local economy, and eventually positively impacting home prices in the surrounding area. But I digress. Please accept this as my full support of the Sports Complex's transformation and its application to sell beer and wine from its snack bars. Sincerely, Clayton Botkin claytonbotkin@gmail.com (949) 735-3694 351 1- From:sharla ryan Beacham To:Cuevas, Marco; Ramos, Ricky Subject:HB sports complex Date:Monday, August 4, 2025 4:30:02 PM Some people who received this message don't often get email from hbbeachams@gmail.com. Learn why this isimportant Dear Members of the Planning Commission, I’m writing to express my support for the approval of Craft 1909’s proposal to serve beer and wine at the Huntington Beach Sports Complex. Concerns have been raised about alcohol service creating a non-family-friendly environment. In reality, Craft 1909’s concept is not about turning the complex into a bar —it’s about enhancing the experience for families and adults who are already actively engaged in sports and recreation there. Parks and sports complexes throughout Southern California have successfully incorporated similar offerings in a safe, controlled, and family-conscious way. Craft 1909 is a local, respected business that understands the responsibility that comes with serving alcohol. Their proposal includes the necessary safeguards to ensure responsible service and consumption. Creating a space where parents can enjoy a casual drink while watching their kids play, or where adult league participants can relax after a game, promotes a welcoming and inclusive environment—not the opposite. This addition supports the evolving expectations of modern public spaces: clean, safe, and community-centered with diverse amenities for all age groups. Thank you for your consideration and for continuing to support progress in Huntington Beach. The Beacham Family 19292 hickory lane HB ca 92646 President of Beacham Farm Co. Please excuse typos this is from a cell phone! 352 1- From:Lauren Palmerin To:Cuevas, Marco Subject:HB Sports Complex 1909 Date:Monday, August 4, 2025 4:30:19 PM [You don't often get email from seasaltandcoconuts@gmail.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] I just wanted to reach out to tell you how much our family is looking forward to 1909 opening fully. The food is already delicious but having beer and wine will give it an extra touch! We won’t have to leave and spend our money elsewhere while we watch our kids play in tournaments! I have lived in Huntington Beach for most of my life and this is such a great idea and concept and I fully support it! Sent from my iPhone 353 From:Chelsea Elwood To:Cuevas, Marco; Ramos, Ricky Subject:Sports complex alcohol sales approval Date:Monday, August 4, 2025 4:41:37 PM You don't often get email from chelsea.elwood@yahoo.com. Learn why this is important To who it may concern, I’m writing in support that this council approves the sale of alcohol at the sports complex. I am a long time HB citizen, have coached on these fields, and have a horse at the equestrian center and we would love a place to go after we finish riding. I also have kids in sports and it would be great to enjoy a drink during or after their games. I have many friends who would enjoy craft beer and wine and are supportive of this initiative and I hope the council can approve this request which is in the best interest of the city and citizens. 1909 is trying to create a great vibe for our community and revenue to improve the fields. Thanks for your help in approving this matter! CHELSEA ELWOOD Senior Recruiting Business Partner Amazon | International Stores 354 I From:Megan Klatskin To:Cuevas, Marco; Ramos, Ricky Subject:Support for the HB Sports Complex Date:Monday, August 4, 2025 4:43:48 PM [Some people who received this message don't often get email from meganklatskin@gmail.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] I am writing to voice my support of the permit zoning to allow the sale of alcohol at the Huntington Beach Sports Complex. As a mother of two children who play travel sports, I am frequently at the complex. Spending several nights a week as well as many weekends at HB sports complex, I have often wondered why they didn’t offer beer or wine. I was happy to hear the planning commission was in favor of helping to make sure our complex is a top of the line facility. All of the top facilities offer beer and wine options. Offering these things other complexes do help in keeping our beautiful facilities competitive to draw the tournaments and leagues necessary to keep our facilities the top choice for organizations. I would hope the planning commission will stand by their decision and know that responsible parents and families want a great facility that can be enjoyed. Thank you, Megan Klatskin 355 From:Chris Morrow To:Cuevas, Marco; Ramos, Ricky Subject:Support of Alcohol Sales at HB Sports Complex Date:Monday, August 4, 2025 4:54:18 PM You don't often get email from chrismorrow714@aol.com. Learn why this is important Ricky Ramos & Marco Cuevas, I am writing to express my strong support for permitting alcohol sales at the Huntington Beach Sports Complex. As both a local resident and a supporter of community sports and recreation, I believe this change would be a valuable and responsible enhancement to the facility—one that aligns with practices already in place at comparable sports venues across our region and beyond. Many community-based sports complexes now successfully incorporate alcohol sales into their event offerings, creating a more complete and enjoyable experience for adult attendees while maintaining a safe and family-friendly environment. Facilities such as the Elk Grove Sports Complex in Sacramento County, Big League Dreams parks in cities like Redding and Cathedral City, James Regional Sports Park in Las Vegas and Cooperstown All Star Village & Dreams Park in Cooperstown New York all allow alcohol sales during games, tournaments, and events—with strict policies in place to ensure responsible consumption and oversight. Allowing controlled alcohol sales at the Huntington Beach Sports Complex would offer several meaningful benefits: 1. Improved Patron Experience: Attendees at adult league games, tournaments, and special events increasingly expect beverage options—including beer or wine—as part of the recreational experience. This amenity can elevate the complex’s reputation and draw. 2. Increased Economic Impact: Alcohol sales would generate additional revenue to help support the facility’s operations, maintenance, and programming— potentially reducing the need for public funding or fee increases for participants. 3. Competitive Event Hosting: Many large tournaments and sports events seek venues that can offer concessions including alcohol. This change would make the Huntington Beach Sports Complex more competitive when bidding to host regional or national events, bringing more visitors and business to our community. 4. Support for Local Vendors: Introducing alcohol sales opens the door for partnerships with local breweries and distributors, keeping spending within our local economy and encouraging small business growth. I understand that community safety is a top priority. With clearly defined service areas, professional staff training, designated consumption zones, and appropriate licensing, alcohol can be served responsibly—just as it is at other successful community sports complexes. Thank you for your thoughtful consideration of this proposal. I urge the Planning 356 I Commission to support this effort to modernize and enhance the Huntington Beach Sports Complex in a way that benefits residents, visitors, and the broader community alike. Sincerely,   Chris Morrow Lifetime Huntington Beach Resident Previous Huntington Beach Finance Commissioner 357 From:Lauren Palmerin To:Cuevas, Marco Subject:1909 @ HB Sports Complex Date:Monday, August 4, 2025 4:57:14 PM [You don't often get email from laurennoel7@gmail.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] I am 100% on board with beer and wine being served at 1909. Parents will drink regardless if they want to, might as well have it controlled and contained. I’m actually really looking forward to having a place like this that’s local! You will see our family there when our son is playing baseball and when he’s not. Great for our Community! Lauren Palmerin Sent from my iPhone 358 From:Clint Guth To:Cuevas, Marco; Ramos, Ricky Cc:Debra Guth Subject:1909 Concessions - Craft Beer - Sports Complex Date:Monday, August 4, 2025 4:58:54 PM [You don't often get email from crguth@icloud.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] Dear Members of the Huntington Beach City Management including Mr. Cuevas & Mr. Ramos - I am writing to express my enthusiastic support for the proposed craft beer and food restaurant at the Huntington Beach Sports Complex. As a long term resident of Huntington Beach, I believe this addition would enhance the community, boost local engagement, and align with the city’s vibrant culture. Huntington Beach has a well-established reputation for its thriving beach vibe mixed with active community members. A new craft beer and food restaurant at the sports complex would complement this tradition, offering a family-friendly venue where athletes, families, and spectators can enjoy high-quality, locally inspired food and beverages. The existing 1909 Craft Beer & Concessions at the complex is a great opportunity to increase concessions, demonstrating the demand for such offerings. This restaurant would serve as a community hub, fostering social connections during games and events. It could feature local craft beers, artisan pizzas, and other fresh, locally sourced dishes, much like successful establishments such as Matter of Craft and Beachwood Pizza & Beer. By providing a welcoming atmosphere with outdoor seating options, it would cater to the laid-back, coastal vibe of Surf City, encouraging visitors to linger and engage with the community. Economically, the restaurant would attract more visitors to the sports complex, boosting local business and supporting events like the Taste of Huntington Beach, which already showcases the area’s culinary diversity at the complex. It would also create jobs and provide opportunities for local breweries and food vendors to collaborate, strengthening Huntington Beach’s reputation as a destination for sporting events, craft beer and dining. As Huntington Beach becomes an even greater travel destination city that attracts three generations of families enjoying all that HB has to offer, I strongly urge the City Council to approve this proposal, as it aligns with our community’s values of quality, local pride, and vibrant social spaces. Thank you for considering this opportunity to enhance the Huntington Beach Sports Complex. Sincerely, Clint and Debra Guth 714.713.2730 Clint 359 From:Brianna Anderson To:Cuevas, Marco Subject:Approval Date:Monday, August 4, 2025 5:06:32 PM You don't often get email from yogibaby1212@gmail.com. Learn why this is important Hello I just wanted to give my approval of the beer and wine sports complex. I think it would be great money for the city and or the complex. It lets parents relax while watching their children do sports. I am a long time Hunntington resident And have no problem with it. 360 I From:Janelly Marquez To:Cuevas, Marco; Ramos, Ricky Subject:Support for Craft Beer & Concessions at the HB Sports Complex Date:Monday, August 4, 2025 5:13:21 PM Some people who received this message don't often get email from janell_y77@hotmail.com. Learn why this isimportant Dear Commissioners, As a Huntington Beach resident, I want to express my full support for the approval of craft beer and wine services at the HB Sports Complex. My family and I regularly attend our nephew’s games at the fields, and we believe this addition would enhance the experience for families and community members who already love spending time there. It would also help generate revenue to improve and maintain the facilities. We’re excited to see positive growth that supports both recreation and local business in our city. Thank you for your time and consideration. Best regards, Janelly Sent from my iPhone 361 1- From:Brittney Awe To:Cuevas, Marco Subject:Sports complex Date:Monday, August 4, 2025 5:15:07 PM You don't often get email from brittneyawe@yahoo.com. Learn why this is important Hi Marco and Robert, As a longtime Huntington Beach resident and community supporter, I fully support the approval of craft beer and wine concessions at the Sports Complex. It would be a great addition to the atmosphere for families, players, and spectators alike — and the added revenue could really help improve the fields and facilities we all enjoy. This is a win for our community. Sincerely, Brittney Torres Sent from my iPhone 362 I From:Breanna Elvidge To:Cuevas, Marco; Ramos, Ricky Subject:Strong Support for 1909 Craft Beer & Concessions Date:Monday, August 4, 2025 5:34:05 PM Some people who received this message don't often get email from hbbreez@gmail.com. Learn why this isimportant Hello, As a long-time Huntington Beach resident with deep ties to the local sports community—my husband coaches and plays, and my son is an active player—I fully support the addition of 1909’s craft beer and wine services at the Sports Complex. This initiative would enhance the overall experience for families and spectators, while helping generate much-needed revenue to improve the fields and facilities. I’m excited to see our Sports Complex evolve and thrive with this thoughtful addition. Sincerely, Breanna Elvidge 363 1- From:Janna Huntington To:Cuevas, Marco Cc:Ramos, Ricky Subject:My two cents… Date:Monday, August 4, 2025 5:34:58 PM Some people who received this message don't often get email from jannapobog@gmail.com. Learn why this is important As someone who’s spent plenty of time at the Huntington Beach Sports Complex, I love the idea of adding craft beer and wine to the mix! It’s a fun, community-focused upgrade that makes the space even more inviting — whether you're coaching, watching your kid play, or just stopping by for a bite and a brew. I fully support it and think it’s a win for everyone who enjoys the fields! 364 1- From:Allison Adams To:Cuevas, Marco; Ramos, Ricky Subject:Sports complex 1909 Date:Monday, August 4, 2025 6:37:39 PM Some people who received this message don't often get email from aliraechis@gmail.com. Learn why this isimportant To whom it may concern, Please take this email under consideration and in support of the beer and wine services to be added to the sports complex. As local Huntington Beach residents, we’d love to spend more time at the park with friends and family and enjoy a drink or two with our meal. We know this will create a great revenue for the complex and the city and help bring more improved facilities for the residents and our family to enjoy. Thanks so much, Allison Adams 365 1- From:Rod Sanford To:Cuevas, Marco Subject:1909 Concessions Date:Monday, August 4, 2025 8:21:50 PM You don't often get email from rodsanford21@gmail.com. Learn why this is important Hi, we are proud grandparents of 2 young boys that are on baseball teams that play at the Sports Complex at times. We think the entire complex is beautiful and enjoy watching the games. We have heard that they are thinking of upgrading the food and drink options and would love to see that happen. Instead of going to other restaurants after their games we would thoroughly enjoy staying at the Sports Complex and having great food and drinks. I also think it would be a good option for the community as a place to visit and maybe even be a good revenue stream for other improvements. Thanks for your consideration, Rod Sanford 366 I From:Victoria Vernon To:Cuevas, Marco; Ramos, Ricky Subject:Support for Sports Complex Date:Monday, August 4, 2025 8:23:44 PM Some people who received this message don't often get email from vickyvvernon@gmail.com. Learn why this isimportant Good Evening, I am writing to express my approval for the craft beer and wine services at the Sports Complex. My husband and I have been long-time residents here in Huntington Beach and love raising our family of 3 children-all of our children partake in sports and use the fields. I fully support this service idea, as it would make it an extra nice stop to grab food and a drink at times. Thank you, Vicky Vernon 367 1- From:Scott Younkerman To:Cuevas, Marco; Ramos, Ricky Subject:HB Sports Complex 1909 Bar Date:Monday, August 4, 2025 8:41:23 PM [You don't often get email from syonks11@yahoo.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] Hello, My name is Scott Younkerman and I wanted to write about the potential 1909 Beer and Wine Concession stand at HB Sports Complex. I coach little league in HB, and my son plays travel baseball, and we are at your fields constantly for practices and tournaments. Anything that could help with revenue to continue to make these fields great would be great, and this would do just that while also helping with the amazing community environment that is already built at the complex. Thank you for your time and consideration!! Thanks, Scott 368 From:Sam August To:Cuevas, Marco; rranos@surfcity-hb.org Subject:HB Sports Complex Date:Monday, August 4, 2025 8:50:16 PM [You don't often get email from samswell@hotmail.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] Hi my name is Sam August long time HB resident 50+ yrs. I’m aware of the beverage hurdle that is being proposed through the group currently running our complex. I’m currently a coach at HBHS baseball and help other youth baseball programs that utilize the property. Please send this through to help continue to raise funds to put back into the complex making it an elite sports compound we all want and deserve in our beautiful city! Thank you for taking time to read my letter ! Sam August Sent from my iPhone 369 Some people who received this message don't often get email from seecalifornia@protonmail.com. Learn why this is important From:Ramos, Ricky To:Cuevas, Marco Subject:FW: Opposed, RE: Planning Commission Item Aug.5, 2025 Date:Tuesday, August 5, 2025 8:03:21 AM From: Stock <seecalifornia@protonmail.com> Sent: Monday, August 4, 2025 7:44 PM To: Planning Commission <planning.commission@surfcity-hb.org> Subject: Opposed, RE: Planning Commission Item Aug.5, 2025 Dear Huntington Beach Planning Commissioners, In regard to the special Planning Commission Meeting on Tuesday August 5, 2025, as a citizen and resident living within a mile of the Huntington Beach Sports Complex, I am opposed to selling alcohol at The Huntington Beach Sports Complex. Why? 1. In roughly the past week July 27-Aug. 4, 2025, Huntington Beach Police Department made 38 alcohol related arrests; 13 people were Huntington Beach residents and 28 were from other cities. 2. In July 2025 Huntington Beach had two DUI fatalities. 3. Consumption of alcohol in sports leads to compromised motor skills, decreased coordination, delayed reactions, diminished judgment, and impaired balance, also increasing an athlete’s risk for injury. 4. Sales of alcoholic drinks at sports games and matches does increase the likelihood of violent cases when a club loses its match, according to a study in Journal of International Drug Policy. On a personal level, my sister who is a paid referee for soccer matches in California, says that parents drinking alcohol at games has put her at risk many times with their uncontrolled anger. Thank you for your time, Debbie Stock, Huntington Beach resident since 1978. 370 1- From:Tyler Huntington To:Cuevas, Marco; Ramos, Ricky Subject:1909 Beer & Wine Date:Tuesday, August 5, 2025 9:55:31 AM Some people who received this message don't often get email from tylerlv@gmail.com. Learn why this isimportant Hello, I’m a longtime Huntington Beach resident and a regular at the Sports Complex. I think adding craft beer and wine would make it an even better spot for the community and help support the fields. I’m all for it! Tyler Huntington 562.537.3543 371 1- From:Heather Clemmer To:Cuevas, Marco; Ramos, Ricky Subject:Wine and Beer at the Sports Complex Date:Tuesday, August 5, 2025 12:44:00 PM Some people who received this message don't often get email from heatherclemmer27@gmail.com. Learn whythis is important Hello, I am writing in support of the sale of craft wine and beer at the HB sports complex for 1909. I am a big supporter of the community and I feel like this would be a wonderful addition to the complex that would bring In more revenue to help the maintenance of the fields. You have my support! Sincerely, Heather Clemmer 372 1- From:Kelsey Gerlach To:Cuevas, Marco; Ramos, Ricky Subject:Sports complex alcohol approval Date:Tuesday, August 5, 2025 4:30:49 PM Some people who received this message don't often get email from kelseygerlach@gmail.com. Learn why this isimportant To Whom it may concern, I’m a longtime resident of Huntington Beach with three young children that often play at the sports complex. Today I am writing a quick note to you to let you know that I don’t think a permit for alcohol being granted to be sold at the sports complex should be denied. I see A LOT of people with alcohol at the fields on a regular basis. Not once have I seen an issue that stemmed from over consumption. I also think people will drink less if they are paying for it one by one at the facility (they will most likely not bring it from home because we are all hauling wagon loads of baseball gear as it is). I personally don’t care for alcohol, however, I hope the income will help support the new jobs they have started up with the restaurants there and help support the local HB residents that they have hired on. Thank you, K. Gerlach 373 1- From:Ramos, Ricky To:Cuevas, Marco Subject:FW: Sports Complex Date:Tuesday, August 5, 2025 5:39:45 PM -----Original Message----- From: Diana Brinkley <dibrinkley@verizon.net> Sent: Tuesday, August 5, 2025 3:30 PM To: Planning Commission <planning.commission@surfcity-hb.org> Subject: Sports Complex [Some people who received this message don't often get email from dibrinkley@verizon.net. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] Planning Commission, A neighbor shared that you are considering selling alcohol at the sports center. I’m concerned and opposed to this idea. Mixing alcohol and emotional parents watching their kids game or adults playing sports will lead to injuries and could very well escalate to violence. I hope you reconsider and not approve this. Thank you for your time. Huntington Beach resident Diana Brinkley Sent from my iPhone 374 Some people who received this message don't often get email from betzmorris@icloud.com. Learn why this is important From:Ramos, Ricky To:Cuevas, Marco Subject:FW: Special Meeting of Tuesday , August 5 Date:Tuesday, August 5, 2025 5:39:59 PM From: Elizabeth Morris <betzmorris@icloud.com> Sent: Tuesday, August 5, 2025 4:00 PM To: Planning Commission <planning.commission@surfcity-hb.org> Subject: Special Meeting of Tuesday , August 5 Huntington Beach Planning Commissioners, I am writing to express my views in opposition to to the item pertaining to selling of alcohol at The Huntington Beach Sports Complex. It is so important to encourage our young athletes to turn their backs on alcohol in favor of the “high” they can achieve through excelling in sports! We need to do this, not just in speech, but by example. Further, I think everyone is well aware how easily tempers can flair among parents at their kids’ games and events over a bad call; a questionable decision made by a Coach; or even an error made by their own child. It would only add fuel to the fire to serve alcohol to spectators that may already be expressing poor judgment in how they act or in what they say. Let’s instead set the example for our kids that we do not need drinking as a way to enhance the enjoyment of a fun sport or provide us a good time. Finally, it goes without saying that after a long afternoon of drinking in the hot sun is not the best time to put the family in the car and hit the road. Many of the participants do not live here in town and will be hopping on the freeways. Let’s do our part to be sure they are doing that “alcohol-free!” Thank you for your careful consideration of this. Sincerely, EWM 25 year resident of the Central Park neighborhood 375 1- Some people who received this message don't often get email from sheila.k.holliday@gmail.com. Learn why this isimportant From:Ramos, Ricky To:Cuevas, Marco Subject:FW: Serving alcohol at the ball park Date:Monday, August 11, 2025 8:39:04 AM From: Sheila Holliday <sheila.k.holliday@gmail.com> Sent: Sunday, August 10, 2025 1:54 PM To: Planning Commission <planning.commission@surfcity-hb.org> Subject: Serving alcohol at the ball park While I applaud the city's creativity in finding new revenue streams, selling booze at the HB Sports Complex is a fool's errand that will likely cost the City & its taxpayers big bucks, and more so the poor souls who are victimized by inebriated mishaps of uninhibited parents & fans, as well as impaired drivers. We can have a good time without alcohol. Increase income by offering better & healthier food if you truly want what's best for HB. Thank you for considering the full consequences of your decision. Sheila Holliday HB resident 376 1- City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-687 MEETING DATE:9/2/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Travis Hopkins, City Manager VIA:Lisa Lane Barnes, City Clerk PREPARED BY:Lisa Lane Barnes. City Clerk Subject: Discussion and Direction to the City Clerk and the City Attorney Regarding Voter Identification and Requirements Statement of Issue: As declared in Resolution No. 2024-12, a Special Municipal Election was held and conducted on March 5, 2024. The voters of Huntington Beach approved Measure A “Shall proposed Charter Amendment No.1, which provides that commencing in 2026, for all municipal elections, the City:may require Voter Identification for elections; provide more in-person voting locations; and monitored ballot drop-boxes, be approved?” Now that we are one year away from the 2026 election we must act swiftly if the City Council desires to implement these measures in the 2026 Huntington Beach Municipal Election. Financial Impact: To be determined upon securing an elections consultant. Recommended Action: A) Direct the City Manager to work with the City Clerk and City Attorney to return with cost estimate to retain an elections consultant to assist the City in developing a process to implement the measures approved by the voters in Resolution No. 2024-12 for the 2026 Huntington Beach Municipal Election; and, B) Direct that an ordinance be drafted and brought to City Council for the implementation of Voter Identification pursuant to the passing of Measure A from the March 3, 2024, Presidential Primary Election; and, C) Direct the City Manager to return with an estimate of the costs associated with implementing Resolution No. 2024-12. Alternative Action(s): City of Huntington Beach Printed on 8/28/2025Page 1 of 2 powered by Legistar™ 377 File #:25-687 MEETING DATE:9/2/2025 Do not approve the recommended actions, and direct staff accordingly. Environmental Status: Not applicable Strategic Plan Goal: Non Applicable - Administrative Item For details, visit www.huntingtonbeachca.gov/strategicplan. Attachment(s): 1. Resolution No. 2024-12 City of Huntington Beach Printed on 8/28/2025Page 2 of 2 powered by Legistar™ 378 379 RESOLUTION NO. 2024-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, RECITING THE FACTS OF THE SPECIAL MUNICIPAL ELECTION CONSOLIDATED WITH THE PRESIDENTIAL PRIMARY ELECTION HELD ON MARCH 5, 2024, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BYLAW WHEREAS, a Special Municipal Election consolidated with the Presidential Primary Election was held and conducted in the City of Huntington Beach, California, on Tuesday, March 5, 2024, as required by law; and WHEREAS, notice of the election was given in time, form and manner as provided by law; that Vote Centers were properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in charter cities; and WHEREAS, the County Elections Department canvassed the returns of the election and has certified the results to this City Council, the results are received, attached and made a part hereof as Exhibit "A". NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: · SECTION 1. That the whole number of Vote Center ballots cast for City of Huntington Beach Measure A was 10,489; the whole number of Vote-By-Mail ballots cast for City of Huntington Beach Measure A was 51,104; making a total of 61,593 ballots cast in the City for Measure A. · SECTION 2. That the whole number of Vote Center ballots cast for City of Huntington Beach Measure B was 10,481; the whole number of Vote-By-Mail ballots cast for City of Huntington Beach Measure B was 51,108; making a total of 61,589 ballots cast in the City for Measure B. SECTION 3. That the whole number of Vote Center ballots cast for City of Huntington Beach Measure C was 10,323; the whole number of Vote-By-Mail ballots cast for City of Huntington Beach Measure C was 50,148; making a total of 60,471 ballots cast in the City for Measure C. 24-14380/334726 380 SECTION 4. their results, are as follows: RESOLUTION NO. 2024-12 That the measures presented and voted upon at the election, and Measure A -"Shall proposed Charter Amendment No. 1, which provides that commencing in 2026, for all municipal elections, the City: may require Voter Identification for elections; provide more in-person voting locations; and monitor ballot drop-boxes, be approved?" YES NO 32,892 28,701 Measure B -"Shall proposed Charter Amendment No. 2, which provides that the only flags to be displayed by the City on City property are the United States Flag, The State of California Flag, the County of Orange Flag, the City of Huntington Beach Flag, the POW-MIA Flag, the six Armed Forces Flags, the Olympic Flag during the Summer Olympic Games, and any other flag if authorized by a unanimous vote of the City Council, be approved?" YES NO 35,231 26,358 Measure C-"Shall proposed Charter Amendment No. 3 to: commencing in 2026, require the City to adopt a two-year budget; update the procedures to cancel a regular City Council meeting; update the process to fill a City Council vacancy; and amend outdated phrases, syntax, dates, pronouns, and titles be approved?" YES NO SECTION 5. 28,314 32,157 The City Council does declare and determine: That as a result of the election, a majority of voters voting on Measure A, amending the City Charter related to municipal elections, voted in favor of it, and that the Measure passed. That as a result of the election, a majority of voters voting on Measure B, amending the City Charter related to display of flags, voted in favor of it, and that the Measure passed. That as a result of the election, a majority of voters voting on Measure C, amending the City Charter related to the City budget and other administrative procedures, did not vote in favor of it, and that the Measure failed. SECTION 6. The City Clerk shall enter into the records of the City Council of the City, a statement of the results of the election, showing: (1) the whole number of Vote Center and Vote-By-Mail ballots cast in the City; (2) the measures voted upon; (3) the number of votes given for and against said measures. SECTION 7. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. 381 RESOLUTION NO. 2024-12 PASS ED and ADOPTED by the City Council of the City of Huntington Beach at the regular meeting thereof held on the i"' day of :A::pri I , 2024. City Manager May ~ INITIATED AND APPROVED : ~~ :26-l~.t1~ -3/4~/ CityCle?k Exhibit "A" -Certificate of Registrar of Voters to Result of the Canvass of the Presidential Primary Election Returns 382 Resolution No. 2024-12 Exhibit "A" CERTIFICATE OF REGISTRAR OF VOTERS TO RESULT OF THE CANVASS OF THE PRESIDENTIAL PRIMARY ELECTION RETURNS STATE OF CALIFORNIA) )ss. COUNTY OF ORANGE ) I, Bob Page, Registrar of Voters of Orange County, do hereby certify the following to be a full, true and correct Statement of the Vote of the election listed below , consolidated with the Presidential Primary Election held on March 5, 2024. CITY OF HUNTINGTON BEACH MEASURE A YES NO VOTE CENTER BALLOTS CAST: VOTE-BY-MAIL BALLOTS CAST: TOTAL BALLOTS CAST: MEASURE B YES NO VOTE CENTER BALLOTS CAST: VOTE-BY-MAIL BALLOTS CAST: TOTAL BALLOTS CAST: NO YES MEASURE C VOTE CENTER BALLOTS CAST: VOTE-BY-MAIL BALLOTS CAST: TOTAL BALLOTS CAST : 32,892 53.40% 28,701 46.60% 10 ,489 51 ,104 61 ,593 35,231 57.20% 26,358 42.80% 10 ,481 51,108 61 ,589 32,157 53.18% 28,314 46 .82% 10 ,323 50 ,148 60,471 I hereby certify that the number of votes cast for each of the measures is as set forth above and appears in the Certified Statement of the Vote . WITNESS my hand and Official Seal this 22nd day of March, 2024 . fr BOB PAGE Registrar of Voters Orange County 383 CERTIFIED STATEMENT OF THE VOTES CAST at the PRESIDENTIAL PRIMARY ELECTION MARCH 5, 2024 in the County of Orange, State of California FILED , 2024 ------ SHIRLEY N . WEBER, SECRETARY OF STATE BY ___________ DEPUTY State of California) ) ss County of Orange) I, Bob Page, Registrar of Voters of Orange County, do hereby certify that the within is a true and correct statement of the votes cast in this county at the Presidential Primary Election , as determined by the canvass of the returns of said election . WITNESS my hand and Official Seal THIS zir-.vl DAY OF fv\a.rn , 2024 ~ /&--~EGISTRAR OF VOTERS 384 3/22/2024 3:51 PM District Results Report -March 05 , 2024 Page 2248 ' ' . . .. . A-City of Huntington Beach • Non -Partisan Vote Center Totals C: t; 0 -~ "' u t; ¥) -~ .Q .; er: '° a; a; ..0 ..0 l E E QI QI ~ ~ :, ~ ~ 0 E VI 0 District "' "' ::, ~ 0.. 0.. I-2 Orange County 132,535 10,714 8.1 7,838 2,651 Orange County 132,535 10,714 8.1 7,838 2,651 47th Congress ional District 132,53 5 10,714 8.1 7,838 2,651 36th Senate Dist ri ct 132,535 10,714 8.1 7,838 2,651 70th Assembly District 10,668 822 7.7 553 242 72nd Assembly District 12 1,867 9,892 8.1 7,285 2,409 1st Supervisorial District 132,535 10,714 8.1 7,838 2,651 Huntington 8each 132,53 5 10,7 14 8.1 7,838 2,651 State Board of Equalization 132,535 10,714 8.1 7,838 2,651 (4th District) 4th District Court of Appeal 132,535 10,714 8.1 7,838 2,651 County Board of Education 132,535 10,71 ◄ 8.1 7,838 2,651 Trustee Area 2 Coast Community College 132,535 10,714 8.1 7,838 2,651 District Coast Community College 36,636 2,660 7.3 1,978 650 District Trustee Area 1 Coast Community College 78,053 6,520 8.4 4,723 1,641 District Trustee Area 3 Coast Communlly College 17,846 1,534 8.6 1,137 360 District Trustee Area 4 Founta in Valley School District 11,864 931 7.8 694 220 Huntington Beach City School 59,725 5,265 8.8 3,832 1,293 District Huntington Beach City School 12,425 1,05 1 8.5 773 255 District Trustee Area 1 Huntington Beach City School 11 ,685 1,068 9.1 748 289 District Trustee Area 2 Huntington Beach City School 11 ,646 1,034 8.9 759 240 District Trustee Area 3 Huntington Beach City School 11,750 971 8.3 698 252 District Trustee Area 4 Hunt ington Beach City School 12,219 1,141 9.3 854 257 District Trustee Area S Ocean View School District 55,441 4,12 1 7.4 3,007 1,054 Westminster School District 5,310 384 7.2 295 81 Westminster School District 5,310 384 7.2 295 81 Trustee Atta 5 Huntington Beach Un ion High 132,340 10,701 8.1 7,828 2,648 School District Los Alamitos Unified School 195 13 6.7 10 District Los Alamitos Unified School 195 13 6.7 10 District Trustee Area 4 Mun icipal Water District Of 132,535 10,714 8.1 7,838 2,651 Orange County Mun icipal Water District of 132,535 10,714 8.1 7,838 2,651 Orange County Div isi on 4 Orange County Water Distr ict 132,535 10,714 8.1 7,83B 2,651 Orange County Water District 132,535 10,714 8.1 7,838 2,651 Division 6 Sunset Beach Sanitary District 607 58 9.6 40 15 Historical 2010 • 48th 132.535 10,714 8.1 7,838 2,651 Congressional District Historical 2010 -34th Senate 61,369 4,582 7.5 3,3S8 1,157 District Historical 2010 • 37th Senate 71,166 6,132 8.6 4,480 1,494 Dist rict Historical 201 O • 72nd 64,847 4,871 7.5 3,567 1,228 Assembly District Historical 2010 • 74th 67,688 5,843 8.6 4,271 1,423 Assembly District Historical 2010 • State Board of 132,535 10,714 8.1 7,838 2,651 Equalization (4th District) Historical 2010 • 2nd 132,535 10,714 8.1 7,838 2,651 Supervisorial District 385 3/22/2024 3:51 PM District Results Report -March 05, 2024 Page 2249 ~~!f"~7, ,. 'v T -:~~r_i"' :::~>'"' ., • - , .: '" -.... : ~>t :· A-City of Huntington Beach • Non -Partisan .. ... ) • / .j ~ --~ t......• ~......... • .. .,_,. ~ , Vote Center Totals C ti 0 +' "' ~ u VI ~ 'gi ,;; 0:: OD ai ai .r; .r; l E E GI GI .., ~ ~ :, ~ ~ 0 E "' 0 District "' "' :, ~ ... ... I-z Historical 2010 • County Board 132,535 10,714 8.1 7,838 2,651 of Education Trustee Area 2 Voto ContorTotols 132,535 10,714 8.1 7,838 2,651 386 3/22/2024 3:51 PM District Results Report -March 05, 2024 Page 2250 Vote by Mail Totals C: t, 0 -~ "' u t, ~ ·gi .Q iv ~ "' ... qi a, ..0 ..0 l E E ., ., ~ ~ '5 ~ ~ 0 E "' 0 District "' "' ~ ., 0.. 0.. > z Orange County 132,535 52,429 39.6 25054 26050 Orange County 132,535 52,429 39.6 25054 26050 47th Congressional District 132,535 52,429 39.6 25054 26050 36th Senate District 132,535 52,429 39 .6 25054 26050 70th Assembly Dis trict 10,668 3,140 29.4 1473 1541 72nd Assembly District 121 ,867 49,289 40.4 23581 24509 1st Supervisorial District 132,535 52,429 39.6 25054 26050 Huntington 8oach 132,535 52,429 39 .6 25054 26050 State Board of Equalizat ion 132,535 52,429 39.6 25054 26050 (4th District) 4th District Court of Appeal 132,535 52,429 39.6 25054 26050 County Board of Educat ion 132,535 52,429 39.6 25054 26050 Trustee A,ea 2 Coast Community College 132,535 52,429 39.6 25054 26050 District Coa" Community College 36,636 13,967 38.1 6777 6830 District Trustee Area 1 Coast Community College 78,053 31 ,148 39 .9 14813 15537 District Trustee Area 3 Coast Community College 17,846 7,314 41 .0 3464 3683 District Trustee Area 4 Fountain Valley School District 11 ,864 4,815 40.6 2278 2404 Huntington Beach City School 59,725 24,352 40.8 11561 12198 District Huntington Beach City School 12,425 S,498 44.2 2863 2515 District Trustee Area 1 Huntington Beach City School 11,685 4,649 39.8 2196 2326 District Trustee Area 2 Huntington Beach City School 11 ,646 4,384 37.6 1981 2298 District Trustee Area 3 Huntington Beach City School 11,750 4,731 40.3 2136 2465 District Trustee Area 4 Huntington Beach City School 12,219 5,090 41 .7 2385 2594 District Trustee Area 5 Ocean View School District 55,441 21 ,092 38 .0 10134 10429 Westminster School District 5,310 2,063 38.9 1025 973 Westminster School District 5,310 2.063 38.9 1025 973 Trustee Area 5 Huntington Beach Union High 132,340 52,322 39 .5 24998 26004 School District Los Alamitos Unified School 195 107 54 .9 56 46 District Los Alamitos Unified School 195 107 54 .9 56 46 District Trustee Area 4 Municipal Water District Of 132,53S 52,429 39.6 2S0S4 260S0 Orange County Municipal Water District of 132,535 52,429 39.6 25054 26050 Orange County Division 4 Orange County Water District 132,535 52,429 39.6 25054 26050 Orange County Water District 132,535 52 ,429 39 .6 25054 26050 Division6 Sunset Beach Sanitary District 607 256 42 .2 116 136 Historical 2010 -48th 132,535 52,429 39 .6 25054 26050 Congressional Distri ct Historical 2010 -34th Senate 61,369 23,73S 38 .7 11516 11622 District Historlc•l 2010 -37th Senate 71,166 28,694 40.3 13538 14428 District Historical 2010 -72nd 64,847 25.020 38.6 12172 12209 Assembly District Historical 2010 -74th 67,688 27,409 40.5 12882 13841 Assembly District Historical 2010 • State Board of 132,535 52,429 39 .6 25054 26050 Equalization (4th Distric t) Historica l 2010 -2nd 132,535 52,429 39 .6 25054 26050 Supervisorial District 387 3/22/2024 3:51 PM District Results Report -March 05, 2024 Page 2251 '.tiJ .... ·-"": ' .-~i'<~'if' -.,: 9i~~~=---:--- re;,. -: .•. ".' ,;\ · A-City of Huntington Beach -Non-Partisan '!.r,: < ' ~ _,,.,, ~·~~ .... il (:-:~~; . Vote by Mai l Totals C: t, 0 .., "' ~ u ~ 'gi .Q .; er: co qj qj .0 .0 l E E QI QI ., ~ ~ :, ~ ~ 0 E Ill 0 District ., ., :, ., Q. Q. I-> z Historical 2010 -County Board 132,S3S S2,429 39.6 2S0S4 26 050 of Education Trustee Area 2 Vote by Mall Totals 132,535 52,429 39.6 25,054 26,050 388 3/22/2024 3:51 PM District Results Report -March 05, 2024 Page 2252 '¥ ~ :.,~ ., , -"' ~~--~~2'6:!." 1 f'' • " ' ~ , rw""' ""', """ ~ "' ' ! . . ". A-City of Huntington Beach -Non-Parti~~n 1 t .,, ~ _ , ,\"" ~ " ~ • , Grand Totals C t; 0 •p "' ~ u .., j!! Ill ..Q '01 & iii a:, ID ID .0 .0 l E E Cl) Cl) .... 2 2 :, t' t' 0 C V, District "' "' ~ Cl) 0 0. 0. >-z Orange County 132,535 63,143 47.6 32892 28701 Orange County 132,535 63,143 47.6 32892 28701 47th Congressional District 132,535 63,143 47.6 32892 28701 36th Senate District 132,535 63,143 47.6 32892 28701 70th Assembly District 10,668 3,962 37.1 2026 1783 72nd Assembly District 121 ,867 59,181 48.6 30866 26918 1st Supervlsorial District 132,535 63,143 47.6 32892 28701 Huntington Beach 132,535 63,143 47.6 32892 28701 State Board of Equalizat ion 132,535 63,143 47.6 32892 28701 (4th District) 4th District Court of Appea l 132,535 63,143 47 ,6 32892 28701 County Board of Educa ti on 132,535 63,143 47 .6 32892 28701 Trustee Area 2 Coast Community College 132,535 63,143 47.6 32892 28701 District Coast Community College 36,636 16,627 45.4 8755 7480 District Trustee Area 1 Coast Community College 78,053 37,668 48.3 19536 17178 District Trustee Area 3 Coast Community College 17,846 8,848 49 ,6 4601 4043 District Trustee Area 4 Founta in Valley School District 11 ,864 5,746 48.4 2972 2624 Huntington Beach City School 59,725 29,617 49 .6 15393 13491 District Huntington Beach City School 12,425 6,549 52 .7 3636 2770 District Trustee Area 1 Huntington Beach City School 11,685 5,717 48.9 2944 2615 District Trustee Area 2 Huntington Beach City School 11,646 5,418 46.S 2740 2538 District Trustee Area 3 Huntington Beach City School 11,750 5,702 48.5 2834 2717 District Trustee Area 4 Huntington Beach City School 12,219 6,231 51 .0 3239 2851 District Trustee Area 5 Ocean View School District 55,441 25,213 45 .5 13141 11483 Westminster School District 5,310 2,447 46 .1 1320 1054 Westminster School District 5,310 2,447 46.1 1320 1054 Trustee Area S Huntington Beach Union High 132,340 63 ,023 47 .6 32826 28652 School District Los Alamitos Unified School 195 120 61 .5 66 49 District Los Alamitos Unified School 195 120 61 .5 66 49 District Trustee Area 4 Municip•I Water District Of 132,535 63,143 47.6 3289 2 28701 Orange County Municipal Water District of 132,535 63 ,143 47 .6 32892 28701 Orange County Division 4 Orange County Water District 132,535 63 ,143 47 .6 32892 28701 Orange County Water District 132,535 63,143 47.6 32892 28701 Division 6 Sunset Beach Sanitary District 607 314 51 .7 156 151 Historical 2010 -48th 132,535 63,143 47.6 32892 28701 Congressional District Historical 2010 -34th Senate 61 ,369 28,317 46.1 14874 12779 District Historical 2010 -37th Senate 71,166 34,826 48.9 18018 15922 District Historical 2010 -72nd 64,847 29,891 46.1 15739 13437 Assembly District Historical 2010 -74th 67,688 33,252 49.1 17153 15264 Assembly District Historical 2010 -State Board of 132,535 63,143 47 .6 32892 28701 Equa lization (4th District) Historical 2010 -2nd 132,535 63,143 47.6 32B92 28701 Supervisorial Distric t 389 3/22/2024 3:51 PM District Results Report -March 05, 2024 Page 2253 ' •',1 ,,~-"' m..,~· ~ A-City of Huntington Beach -Non-Partlsa~ . Grand Totals C t, 0 -~ "' u t, j:'.l ·51 .Q GI ~ <:t: ... ] GI .0 l E E GI GI .., ~ ~ :, ~ ~ 0 E .,, 0 District ~ "' :, GI Q. I->-z Historical 2010 • County Board 132,535 63,143 47.6 32B92 28701 of Education Trustee Area 2 Vote Center Totals 132,535 10,714 8.1 7,838 2,651 Vote by Mall Totals 132,535 52,429 39.6 25,054 26,050 Grand Totals 132,535 63,143 47.6 32,892 28,701 390 3/22/2024 3:51 PM District Results Report -March 05, 2024 Page 2256 B•City of Huntington Beach • Non-Partisan Vote Center Totals C ti 0 "i J ti .2' ..Q iv "' al Qi ... Ill .0 .0 l E E Ill Ill :i :::E :::E ~ ~ 0 E VI 0 District "' "' :, ~ d. d. I-z Orange County 132,535 10,714 8.1 7,929 2,552 Orange County 132,535 10.714 8.1 7,929 2,552 47th Congressional District 132,5 35 10,714 8.1 7,929 2,552 36th Senate Dis tr ict 132,535 10,714 8.1 7,929 2,552 70th Assembly District 10,668 822 7.7 581 221 72nd Assembly District 121.867 9,892 8.1 7,348 2,331 1st Supervisorial District 132,535 10,714 8.1 7,929 2,552 Huntington Beach 132,53S 10,714 8.1 7,929 2,552 Slate Board of Equalization 132,535 10,714 8.1 7,929 2,552 (4th District) 4th Dis trict Court of Appeal 132,535 10,714 8.1 7,929 2,552 County Board of Education 132,535 10,714 8.1 7,929 2,552 TNsteeAru 2 Coast Community College 132,535 10,714 8.1 7,929 2,552 District Coast Commun ity College 36,636 2,660 7.3 1,993 626 District Trustee Area 1 Coast Community College 78,053 6,520 8.4 4,789 1,576 District Trustee Area 3 Coast Community College 17,846 1,534 8.6 1,147 350 District Trustee Area 4 Founta in Valley School District 11.864 931 7.8 693 220 Huntington Beach City School 59,725 5,265 8.8 3,87S 1.248 District Huntington Beach City School 12,425 1.051 8.5 786 240 District Trustee Area 1 Huntington Beach City Schoo l 11 ,685 1,068 9.1 762 278 District Trustee Area 2 Huntington Beach City Schoo l 11,646 1,034 8.9 768 234 District Trustee Area 3 Huntington Beach City School 11,750 971 8.3 693 254 District Trustee Area 4 Hunt ington Beach City School 12,219 1,141 9.3 866 242 District Trustee Area 5 Ocean View School Dist rict 55,441 4,121 7.4 3,056 1,002 Westminster School Distr ic t 5,310 384 7.2 294 80 Westm inster School District 5,310 384 7.2 294 80 Trustee Area 5 Huntington Beach Union High 132,340 10,701 8.1 7,918 2,550 School District Los Alamitos Unified School 195 13 6.7 11 2 District Los Al1mftos Unified School 195 13 6.7 11 2 District Trustee Area 4 Mun icip•I Water District Of 132,535 10,714 8.1 7,929 2,552 Or1nge County Municipal Wate r District of 132,535 10,714 8.1 7,929 2,552 Oronge County Division 4 Orange County Water Dis tr ict 132,535 10,714 8.1 7,929 2,S52 Orange County Water District 132,535 10,714 8.1 7,929 2,552 Division 6 Sunset Beach Sanitary District 607 58 9.6 41 15 Historical 2010 • 48th 132,535 10,714 8.1 7,929 2,552 Congressional District Historical 2010 • 34th Sen1te 61 ,369 4,5B2 7.5 3,408 1.099 District Historicil 2010 -37th Senate 71,166 6,132 8.6 4,521 1,453 District Historical 2010 • 72nd 64,847 4,871 7.5 3,622 1,168 Assembly Distri ct Historical 2010 • 74th 67 ,688 5,843 8.6 4,307 1,384 Assembly Dist rict Historical 2010 • State Board of 132,535 10,714 8.1 7,929 2,552 Equalizat ion (4th District) Historical 2010 • 2nd 132,535 10,714 8.1 7,929 2,552 Supervlsorial District 391 3/22/2024 3:51 PM District Results Report -March 05, 2024 Page 2257 ~1\:-::' ---·.~~:~• !~". ~~-· ..--- · · . . . . B-City of Huntington Beach -Non-Partisan ~ . .,, .. , ~- Vote Center Totals C: t, 0 ·.µ ., ; u ~ 'c, 41 ~ ct: ... Ji 41 .0 l E E 41 41 ~ ~ s ~ ~ 0 E V, 0 District ., 11'1 :l ~ 0. 0. I-z Historical 2010 -County Board 132,535 10,714 8.1 7,929 2,552 of Education Trustee Area 2 Vote Center Totals 132,535 10,714 8.1 7,929 2,552 392 3/22/2024 3:51 PM District Results Report -March 05, 2024 Page 2258 B-Clty of Huntington Beach -Non-Partisan Vote by Mail Totals C: t. ·i "' u ti ~ -~ £ "' ~ ] ... QI .a l E E QI QI ~ ~ '5 ~ ~ 0 E "' 0 District "' "' :, QI a.. a.. I-> z Orange County 132,535 52,429 39.6 27302 23806 Orange County 132,535 52,429 39.6 27302 23806 47th Congressional District 132,535 52A29 39 .6 27302 23806 36th Senate District 132,535 52 ,429 39 .6 27302 23806 70th Assembly District 10,668 3,140 29.4 1634 1384 72nd Assembly District 121,867 49,289 40.4 25 668 22422 1st Supervisorial District 132,535 52,429 39 .6 27302 23806 Huntington Beach 132,535 52,429 39 .6 27302 23806 State Board of Equalization 132,535 52 ,429 39 .6 27302 23806 (4th District) 4th Di strict Court of Appeal 132,535 S2,429 39.6 27302 23806 County Board of Education 132,535 52 ,429 39.6 27302 23806 Trustee Area 2 Coast Commun ity College 132,535 52,429 39.6 27302 23806 District Coast Commun ity College 36,636 13,967 38.1 7337 6259 District Trustee Area 1 Coast Community College 78,053 31 ,148 39.9 1614 1 14231 District Trustee Area 3 Coast Community College 17,846 7.314 41 .0 3824 3316 District Trustee Area 4 Fountain Valley School Dis trict 11,864 4,815 40.6 2492 2185 Huntington Beach City Schoo l 59,725 24,352 40.8 12667 11121 District Huntington Beach City School 12,425 5.498 44 .2 3094 2285 District Trustee Area 1 Huntington Beach City School 11,685 4,649 39.8 24 05 2144 District Tru stee Area 2 Huntington Beach City School 11 ,646 4,384 37.6 2176 2090 District Trustee Area 3 Huntington Beac h City School 11,750 4,731 40.3 2380 2233 District Trustee Area 4 Huntington Bea ch City School 12,2 19 5,090 41 .7 2612 2369 District Trustee Area S Ocean View School Distric1 55,441 21 ,092 38.0 10951 9577 Westminster School District 5,310 2,063 38.9 1128 885 Westminster School District 5,310 2,063 38.9 1128 885 Trustee Area 5 Huntington Beach Union High 132,340 52,322 39.5 27238 23768 School District Los Alamitos Unified School 195 107 54 .9 64 38 District Los Alamitos Unified School 195 107 54 .9 64 38 District Trustee Area 4 Municipal Wate r District Of 132,535 52.429 39.6 27302 23806 Orange County Municipal Water District of 132,535 52,429 39.6 27302 23806 Orange County Divis ion 4 Orange County Water District 132,535 52A29 39.6 27302 23806 Orange County Water District 132,535 52 ,429 39 .6 27302 23806 Division 6 Sunset Beach Sanltaiy District 607 256 42.2 127 120 Historical 2010 • 48th 132,535 52,429 39 .6 27302 23806 Congressional District Historical 2010 • 34th Senate 61 ,369 23,735 38 .7 12471 10638 District Historica l 2010 • 37th Senate 71,166 28,694 40.3 14831 13168 District Historical 2010 • 72nd 64,847 25,020 38.6 13190 11162 Assemb ly Distr ict Historical 2010 • 74th 67,688 27,409 40.5 14112 12644 Assembly District Historical 2010 -State Board of 132,535 52,429 39 .6 27302 23806 Equalization (4th Dist rict) Historical 2010 • 2nd 132,535 52.429 39 .6 27302 23806 Supervisorial District 393 3/22/2024 3:51 PM District Results Report -March 05, 2024 Page 2259 :~t' ~ ' "'."1":, --f -~,.,, ',.\ ~ ' ~ , ' -' : . , , •: ·: ·, · ·. · ,-., 8-City of Huntington Beach -Non-Partisan i,i;; t. . -"'~ ,.a, ~'1-i ,;; . ..:~ -- Vote by Mail Totals C: t; 0 -~ " t; ~ ·g, iii "' a, ... ... ll ll l E E ., ., .., ::E ::E ::, ~ ~ 0 E ~ 0 District ., ., :, 0. 0. t->-z Historical 2010 -County Board 132,535 52.429 39.6 27302 23806 of Educat ion Trustee Area 2 Vote by Mill Tohlls 132,535 52,429 39,6 27,302 23,806 394 3/22/2024 3:51 PM District Results Report -March 05, 2024 Page 2260 Grand Totals C: t, 0 ·..:: n:, e u ~ ~ ·en ~ iv ct: al Gi Gi ..c ..c l E E ~ ~ ... ::E ::E :, ~ ~ 0 E V1 0 District n:, n:, :, ~ 0.. 0.. I-z o range County 132,535 63,143 47.6 35231 26356 Orange County 132,535 63,143 47.6 35231 26356 47th Congressi onal District 132,535 63,143 47.6 35231 26356 36th Senate District 132,535 63 ,143 47.6 35231 26356 70th Assembly District 10,666 3,962 37.1 22 15 1605 72nd Assembly Di strict 12 1,667 59,161 46.6 33016 24753 1st Supervisorial District 132,535 63 ,143 47 .6 35231 26358 Huntington Beach 132,535 63,143 47.6 3523 1 26356 State Soard of Equal ization 132,535 63,143 47.6 35 231 26358 (4th District) 4th District Court of Appeal 132,535 63 ,143 47.6 35231 26358 County Soard of Education 132,535 63,143 47 ,6 35231 26356 Trustee Area 2 Coast Community Co ll eg e 132,535 63 ,143 47 .6 3523 1 26358 District Coast Commun ity Co ll ege 36,636 16,627 45 .4 9330 6885 District Trus tee Area 1 Coa st Commun ity Co ll ege 78,053 37,668 46.3 20930 15807 District Trustee Area 3 Coast Commun ity Co ll ege 17,846 8,848 49 .6 4971 3666 District Trustee Area 4 Founta in Valley School District 11,864 5,746 48 .4 3185 2405 Hunting ton Beach City Schoo l 59,725 29,617 49.6 16542 12369 District Huntington Bea ch City School 12,425 6,549 52 .7 3880 2525 District Trustee Area 1 Hunting ton Beach City School 11 ,685 5,717 48.9 31 67 2422 District Trustee Area 2 Huntington Beach City School 11,646 5,418 46.5 2944 2324 District Trustee Area 3 Huntington Beach City School 11,750 5,702 46.5 3073 2467 District Trustee Area 4 Huntington Beach City School 12,219 6,231 51 .0 3478 2611 District Trustee Area 5 Ocean View School District 55,441 25,213 45 .5 14007 10579 Westminster School Dist rict 5,310 2,447 46,1 1422 965 Westminster School District 5,310 2,447 46,1 142 2 96S Trustee Area S Huntington Beach Union Hig h 132,340 63,023 47 .6 3515 6 26318 School District Los Alamitos Unified School 195 120 61 .5 75 40 District Los Alamitos Unified School 195 120 61 .5 75 40 District Trustee Area 4 Mun icipal Wate r District Of 132,535 63,143 47 .6 35 231 26358 Orange County Mun icipal Water District of 132,535 63,143 47 .6 3523 1 26358 Orange Coun ty Div isi on 4 Orange County Water District 132,535 63,143 47.6 3523 1 26358 Orange County Water Distr ict 132,535 63,143 47.6 35231 26358 Divis ion 6 Sunset Beoch San itary Dis trict 607 314 51.7 168 13S Histo rical 2010 -48th 132,535 63,143 47.6 35231 26358 Congressional District Historical 2010 -34th Senate 61,369 28,317 46.1 15879 11737 District Historical 2010 -37th Senat~ 71 ,166 34,826 48.9 19352 14621 District Historical 2010 -72nd 64,847 29,891 46.1 16812 12330 Assembly District Historical 2010 -74th 67,688 33,2 52 49 .1 18419 14028 Assembly District Historical 2010 • State Board of 132,535 63,143 47 .6 35231 26358 Equalization (4th District) Historical 2010 -2nd 132,535 63,143 47.6 35 231 26358 Supervisorial District 395 3/22/2024 3:51 PM District Results Report -March 05, 2024 Page 2261 ' ' ' B-City of Huntington Beach -Non-Partisan . . > k .. • ~ Grand Totals C: t; 0 -~ .. u t; ~ ·51 .2 /!l ~ "' .. 1l QI .J:J l E E 41 41 ::E ::E s ~ ~ 0 E ~ 0 District .. .. :, 0.. 0.. I-z Histo rical 2010 -County Board 132,535 63 ,143 47.6 35231 2635 B of Education Trustee Area 2 Vote Center Totals 132,535 10,714 8.1 7,929 2,552 Vote by Moll Totals 132,535 52,429 39.6 27,302 23 ,806 Grand Tot1l1 132,535 63,143 47 .6 35,231 26,358 396 3/22/2024 3:51 PM District Results Report -March 05, 2024 Page 2264 C-City of Huntington Beach • Non-Pa_rtlsan Vote Center Totals C ti 0 ·.:; a e! .111 j!) Ol -2 /!l. ;;; a:, .. .. Q) Q) .Q .0 l E E Q) Q) !:, ~ ~ ~ ~ 0 C "' District "' "' 5 ~ 0 Q. Q. I-z Orange County 132,535 10,714 8.1 6,607 3,716 Orange County 132,535 10,714 8.1 6,607 3,716 47th Congressional District 132,535 10,714 8.1 6,607 3,716 36th Senate District 132,535 10,714 8.1 6,607 3,716 70th Assembly District 10,668 822 7.7 462 319 72nd Assembly District 121 ,867 9,892 8.1 6,145 3,397 1st Supervisorial District 132,S35 10,714 8.1 6,607 3,716 Huntington Beach 132,535 10,714 8.1 6,607 3,716 State Board of Equalizat ion 132,535 10,714 8.1 6,607 3,716 (4th District) 4th District Court of Appeal 132,535 10,714 8.1 6,607 3,716 County Board of Edu cation 132,535 10,714 8.1 6,607 3,716 Trustee Area 2 Coast Community College 132,535 10,71 4 8.1 6,607 3,716 District Coast Community College 36,636 2,660 7.3 1.697 889 DistrictTrustee Area 1 Coast Community College 78,053 6,520 8.4 3,962 2,308 District Trustee Area 3 Coast Community College 17,846 1.534 8.6 948 519 Dis trict Trustee Area 4 Fountain Valley School District 11,864 931 7.8 573 319 Huntington Beach City School 59,725 5,265 8.8 3,246 1,813 District Huntington Beach City School 12,425 1,051 8.5 682 332 District Trustee Area 1 Huntington Beach City School 11,685 1,068 9.1 619 401 Dis trict Trusttt Area 2 Huntington Beach City School 11,646 1,034 8.9 637 354 District Trustee Area 3 Huntington Beach City School 11,750 971 8.3 572 360 District Trustee Area 4 Huntington Beach City Schoo l 12,219 1,1 41 9.3 736 366 District Trustee Area 5 Ocean View School District 55,441 4,121 7.4 2,536 1.460 Westminster School District 5,310 384 7.2 244 121 Westminster School District 5,310 384 7.2 244 121 Trustee Area 5 Hunt ington Beach Union High 132,340 10,701 8.1 6,599 3,713 School District Los Alam itos Unified School 195 13 6.7 8 Dist rict Los Alam it os Unified School 195 13 6.7 8 District Trustee Area 4 Municipal Water District Of 132,535 10,7 14 8.1 6,607 3,716 Orange County Municipal Water District of 132,535 10.714 8.1 6,607 3,716 Orange County Division 4 Orange County Water District 132,535 10,714 8,1 6,607 3,716 Orange County Water District 132,535 10,714 8.1 6,607 3,716 Division 6 Sunset Beach Sanitary District 607 56 9.6 39 15 Historical 2010 -48th 132,53S 10,714 8.1 6,607 3,716 Congr•ssional District Historical 2010 -34th Senate 61 ,369 4,582 7.5 2,829 1.606 District Historical 2010 -37th Senate 71. 166 6,132 8.6 3,778 2,110 District Historical 2010 -72nd 64,847 4,871 7.5 3,011 1.702 Assembly Dis trict Historical 2010 -74th 67,688 5,843 8.6 3,596 2,014 Assemb ly District Historical 2010 -State Board of 132,535 10,714 8.1 6,607 3.716 Equalization (4th Distr ict) Historical 2010 -2nd 132,535 10,714 8.1 6,607 3,716 Supervisorial District 397 3/22/2024 3:51 PM District Results Report -March 05, 2024 Page 2265 -. -- C-City of Huntington Beach -Non-Partisan Vote Center Totals C t; 0 ~ Ill u t; l!l .Cl ..Q & ;;; '"' a; a; ..0 ..0 l E E "' "' ~ ~ ':i ~ ~ 0 E "' 0 District Ill Ill :, "' 0.. 0.. f-► z Historical 2010 -County Board 132,535 10,714 8.1 6,607 3,716 of Educat ion Trustee Area 2 Vote Center T otels 132,535 10.714 8.1 6,607 3,716 398 3/22/2024 3:51 PM District Results Report -March 05, 2024 Page 2266 • ~ ,,,, " I' ' < C-CJty of liuntlngton Beach • Non-Partisan ' ""-"'-, , Vote by Mail Totals C t;; 0 -~ Ill V .11i ~ r::n CIJ iv 0: "' .. qj Cl> ..0 ..0 l E E Cl> Cl> .... ~ ~ :, ~ ~ 0 E "' 0 District Ill Ill :, ~ 0.. 0.. I-z Orange County 132,535 52,429 39.6 21707 28441 Orange County 132,535 52.429 39.6 21707 28441 47th Congressional District 132,535 52,429 39.6 21707 28441 36th Senate District 132,535 52.429 39.6 21707 28441 70th Assembly Distric t 10,668 3,140 29.4 1269 1675 72nd Assembly District 121 ,867 49,2 89 40.4 20438 26766 1st Supervisorial District 132,535 52 ,429 39.6 21707 28441 Huntington Beach 132,535 52,429 39.6 21707 28441 State Board of Equalization 132,535 52,429 39.6 21707 28441 (4th District) 4th District Court of Appeal 132,535 52 ,429 39.6 21707 28441 County Board of Education 132,535 52,429 39.6 21707 28441 Trustee Area 2 Coast Community College 132,535 52.429 39.6 21707 28441 District Coast Community College 36,636 13,967 38.1 5868 7451 District Trustee Area 1 Coast Community College 78,053 31,148 39.9 12827 16994 District Trustee Area 3 Coast Community College 17,846 7,314 41.0 3012 3996 District Trustee Area 4 Founta in Valley School District 11,864 4,815 40.6 1923 2665 Huntington Beach City School 59,725 24,352 40.8 10126 1324 2 District Huntington Beach City School 12,425 5,498 44 .2 2610 2706 Distric.t Tru st ee Area 1 Huntington Beach City School 11,685 4,649 39.8 1875 2586 District Trustee Area 2 Huntington Beach City School 11,646 4,384 37.6 1725 2462 District Trustee Area 3 Huntington Beach City School 11,750 4,731 40.3 1834 2687 District Trustee Area 4 Huntington Beach City School 12,219 5,090 41.7 2082 2801 District Trustee Area 5 Ocean View School District 55,441 21,092 38 .0 8699 11431 Westminster School Distri ct 5,310 2,063 38 .9 907 1056 Westminster School District 5,310 2,063 38.9 907 1056 Trustee Area 5 Huntington Beach Union High 132,340 52,322 39 .5 21655 28394 School District Los Alamitos Unified School 195 107 54 .9 52 47 District Los Alamitos Unified School 195 107 54 .9 52 47 District Trustee Area 4 Municipal Water District Of 132,535 52.429 39.6 21707 28441 Orange County Municipal Water District or 132,535 52,429 39 .6 21707 28441 Orange County Division 4 Orange County Water Distr ict 132,535 52,429 39 .6 21707 28441 Orange County Water District 132,535 52.429 39 .6 2 1707 28441 Divislon6 Sunset Beach Sanitary Distric t 607 256 42 .2 102 142 Historical 2010 -48th 132,535 52,429 39 .6 21707 28441 Congress ional District Historical 2010 -34th Senate 61,369 23 ,735 38 .7 9975 12699 District Historical 2010 • 37th Senate 71,166 28,694 40.3 11732 15742 District Historical 2010 • 72nd 64,847 25,020 38.6 10535 13348 Assembly District Historical 2010 -74th 67,688 27,409 40.5 11172 15093 Assembly District Historical 2010 • State Board of 132,535 52,429 39 .6 21707 28441 Equalization (4th District) Historical 2010 • 2nd 132,535 52,429 39 .6 21707 28441 Supervl sorial District 399 3/22/2024 3:51 PM District Results Report -March 05, 2024 Page 2267 ~ ~~-w ~ ,,.-_,",~ , C-Clty of Huntington Beach -Non -Partisan , . Vote by Ma il Totals C t;; 0 -~ a t;; l1 'c, .2 QJ ~ "' lii lii .r, .r, l E E QJ QJ ~ ~ ~ :, t t 0 E VI 0 District .. .. :, QJ Q. 0.. f->-z Hislorical 2010 • County Board 132,535 52,429 39 .6 21707 28441 of Education Trustee Area 2 Vot• by Mall Totals 132,5 35 52,42 9 39 .6 21,7 07 28,441 400 3/22/2024 3:51 PM District Results Report -March 05, 2024 Page 2268 " ~ ~ " '" _.., .. C-Clty of Huntington Beach • Non-Partisan Grand Totals C ti 0 'i! ., u ti ~ ·5, ., .;; cc: "' lii ... ., ..c ..c l E E ., ., ~ ~ ~ ~ ~ 0 E VI 0 District "' "' :, .. 11. 11. I-► z Orange County 132,535 63,1 ◄3 47.6 28314 32157 Orange County 132,535 63 ,143 47.6 28314 32157 47th Congressional District 132,535 63,143 47.6 28314 32157 36th Senate District 132,535 63,143 47.6 28314 32157 70th Assembly District 10,668 3,962 37.1 1731 1994 72nd Assembly Dl,t rict 121 ,867 59,181 48.6 26583 30163 1st Supervisorlal District 132,535 63,143 47.6 28314 32157 Huntington Beach 132,535 63,143 47.6 28314 32157 State Boord of Equalizotion 132,535 63,143 47.6 28314 32157 (4th District) 4th Di,trict Court of Appeal 132,535 63,143 47.6 28314 32157 County Board of Education 132,535 63,143 47.6 28314 32157 Trustee Area 2 Coast Community College 132,535 63,143 47.6 28314 32157 District Coast Community College 36,636 16,627 45.◄ 7565 8340 District Trustee Area 1 Coast Community College 78,053 37,668 48.3 16789 19302 District Trustee Area 3 Coast Community College 17,846 8,848 49.6 3960 4515 District Trustee Area 4 Fountain Valley School District 11,864 5,746 48.4 2496 2984 Huntington Beach City School 59,725 29,617 49.6 13372 15055 District Huntington Beach City School 12,425 6,549 52 .7 3292 3038 District Trustee Area 1 Huntington Beach City Schoo l 11,685 5,717 48,9 2494 2987 District Trustee Area 2 Huntington Beach City School 11 ,646 5,418 46 .S 2362 2816 District TnJstee Area 3 Huntington Beach City School 11 ,750 5,702 48 .S 2406 3047 District Trustee Area 4 Huntington Beach City School 12,219 6,231 51 .0 2818 3167 District Trustee Area 5 Ocean View School District 55,441 25,213 45 .5 11235 12891 Westminster School District 5,310 2,447 46.1 1151 1177 Westminster School District 5,310 2,447 46 .1 1151 1177 Trustee Area S Huntington Beach Union High 132,340 63,023 47 ,6 28254 32107 School District Los Alamitos Unified School 195 120 61.S 60 so District Los Al1mitos Unified School 195 120 61.5 60 50 District Trustee Area 4 Municipal Water Distri ct Of 132,535 63,143 47.6 28314 32157 Orange County Municip1I Water District of 132,535 63 ,143 47 .6 28314 32157 Orange County Division 4 Orange County Water District 132,535 63,143 47.6 28314 32157 Orange County Wator District 132,535 63,143 47.6 28314 32157 Division 6 Sunset Beach Sanitary District 607 314 51.7 141 157 Historical 2010 • 48th 132,535 63,143 47.6 28314 32157 Congressional District Historical 2010 -34th Senate 61,369 28,317 46.1 12804 14305 District Historical 2010 • 37th Senate 71 ,166 34,826 48 .9 15510 17852 District Historical 2010 -72nd 64,847 29,891 46.1 13546 15050 Assembly District Historical 2010 -74th 67,688 33,252 49.1 14768 17107 Assembly District Historical 2010 -State Board of 132,535 63,143 47 .6 28314 32157 Equalizotion (4th District) Historical 2010 • 2nd 132,535 63,143 47.6 28314 32157 Supervisorial District 401 3/22/2024 3:51 PM District Results Report -March 05, 2024 Page 2269 Grand Totals C: t; -~ ., ~ u t; ~ ·;:;, QJ .; a: co v v .0 .0 l E E QJ QJ ~ ~ ':, ~ ~ 0 C: ..,, District ~ ., ~ QJ 0 Q. > z Historical 20 10 -County Board 132,535 63,143 47.6 28314 321S7 of Education Trust•• Area 2 Voto Center Totals 132,535 10,714 8.1 6,607 3,716 Voto by Mall Totals 132,53S 52 ,429 39 .6 21,707 28,441 Grand Totals 132,53S 63,143 47 .6 28,314 32,157 402 r Res. No. 2024-12 STATE OF CALIFORNIA· COUNTYOFORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council · at a Regular meeting thereofheld·on April 2, 2024 by the following vote:· . AYES: NOES: Moser, Bolton, Burns, Van Der Mark, Strickland, McKean, Kalmick None· ABSENT: .. None . ·. RECUSE: . None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-704 MEETING DATE:9/2/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Travis Hopkins, City Manager VIA:Eric Parra, Chief of Police PREPARED BY:Shannon Levin, Council Policy Analyst and Kevin Johnson, Captain Subject: Approve for Introduction Ordinance No. 4339 Prohibiting the Sale, Distribution and Possession of Kratom Statement of Issue: At the request of Council Woman Gracey Van Der Mark, the Huntington Beach City Council, at its August 19, 2025, meeting, directed staff to prepare an ordinance prohibiting the sale and distribution of Kratom within the City. The City Council voted unanimously in support of bringing the ordinance forward for consideration. Financial Impact: Not applicable. Recommended Action: Approve for introduction Ordinance No. 4339 “An Ordinance of the City Council of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Adding New Chapter 9.92 Thereof Prohibiting the Sale, Distribution and Possession of Kratom.” Alternative Action(s): Do not approve the recommended action and direct staff accordingly. Analysis: Kratom is a tropical tree native to Southeast Asia. Its leaves contain psychoactive compounds, including mitragynine and 7-hydroxymitragynine, which can produce stimulant effects at low doses and sedative effects at high doses. According to the Drug Enforcement Administration (DEA) and the National Institutes of Health (NIH), Kratom use has been associated with a range of adverse health impacts, including psychotic symptoms, dependence, and numerous side effects such as nausea, vomiting, sweating, constipation, tachycardia, seizures, hallucinations, and hepatotoxicity. Although Kratom is often marketed for relief of pain, anxiety, opioid withdrawal, and fatigue, there are City of Huntington Beach Printed on 8/28/2025Page 1 of 2 powered by Legistar™ 403 File #:25-704 MEETING DATE:9/2/2025 Although Kratom is often marketed for relief of pain, anxiety, opioid withdrawal, and fatigue, there are no FDA-approved medical uses for the substance. The FDA continues to monitor reports of adverse events, and current data suggests Kratom’s opioid-like properties may expose users to risks of addiction, abuse, and dependence. Several states and local jurisdictions have prohibited the sale or possession of Kratom, including Alabama, Arkansas, Indiana, Rhode Island, Vermont, Wisconsin, the City of San Diego (2016), Newport Beach (2025), and the County of Orange (2025). Kratom is not currently regulated at the federal level, nor is it prohibited statewide in California. The intention of this ordinance is to prohibit the sale, distribution, or possession of kratom and other products within the City of Huntington Beach that contain more than 2% of 7-hydroxymitraginyne in the alkaloid fraction, recognizing significant health risks associated with elevated concentrations of the alkaloid; prohibit the sale of any kratom product that is adulterated with synthesized or semi- synthesized kratom alkaloids or kratom constituents; and prohibit the sale or distribution of kratom product to a person under 21 years of age. Penalties for those who violate HBMC §9.92.030 will be guilty of a misdemeanor and may be fined up to $1000 or be imprisoned in County Jail for not more than six months; and if applicable the Huntington Beach Business License may be revoked pursuant to HBMC §5.08.300. 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.Ordinance No. 4339 City of Huntington Beach Printed on 8/28/2025Page 2 of 2 powered by Legistar™ 404 405 ORDINANCE NO. 4339 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING NEW CHAPTER 9.92 THEREOF PROHIBITING THE SALE, DISTRIBUTION AND POSSESSION OFKRATOM The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. WHEREAS, it is the intent of the City Council to prohibit the sale, distribution, or possession of kratom and other products within the City of Huntington Beach that contain more than 2% of 7-hydroxymitragynine in the alkaloid fraction, recognizing the significant health risks associated with elevated concentrations of this alkaloid; and Kratom (Mitragyna speciosa) is a tropical tree native to Southeast Asia, and its leaves are often consumed in powdered or extract form for their s timulant and sedative effects; and The active compounds in kratom include mitragynine and 7-hydroxymitragynine. While mitragynine is present in higher concentrations, 7-hydroxymitragynine is more potent and is largely responsible for the stronger pain-relieving, sedative, and e uphoric effects; and 7-hydroxymitragynine binds to opioid receptors in the brain and has been shown to have euphoric and mood-enhancing effects, particularly at higher doses, which can increase its appeal for recreational use; and 7-hydroxymitragynine is believed to be more potent than morphine in terms of pain relief. Research has shown that it binds to opioid receptors in the brain with greater affinity than morphine, making it significantly more powerful in relieving pain. This greater potency raises significant concerns about its safety profile, especially regarding the potential for addiction, overdose, and adverse physical and psychological effects, including nausea, vomiting, and potential psychosis. T hese risks are compounded when products contain hi gher concentrations of 7-hydroxymi tragynine; and Scientific research and health advisories have raised concerns over the safety of kratom products, particularly those with higher concentrations of 7-hydroxymitragynine, which may increase the potential for abuse and harm to public health; and Several cities in California have taken steps to regulate or ban kratom products, recogniz ing the need to protect public safety, especially among vulnerable populations. For example, Newport Beach, San Diego, and Oceanside have all enacted a complete ban on the sale , distribution, and possess ion of all kratom products -irrespective of the concentration of 7- hydroxymitragynine content; and T he U.S. Food and Drug Administration has issued several warning letters to various companies for illega ll y marketing products containing en h anced levels of 7 - hy droxymitragy nine, culminating in a formal requ est to the Drug Enforcement Administration 25-16974/387632 406 ORDINANCE NO. 4339 (DEA) on July 29, 2025, to place 7-hydroxymitragynine products on the controlled substance list; and The City Council is committed to safeguarding the health and well-being of its residents by ensuring that products available for sale do not pose undue health risks ; and The City Council wishes to restrict the sale and distribution of kratom and other products containing more than 2% of 7-hydroxymitragynine in the alkaloid fraction , thereby reducing potential risks to public health and safety. SECTION 2. New Chapter 9.92 is added to the Huntington Beach Municipal Code to read as follows: "C hapter 9.92 SALE, DISTRIBUTION, AND POSSESSION OF KRATOM PROHIBITED § 9.92.010 Purpose and Intent. § 9.92.020 Definitions. § 9.92.030 Sale, distribution and possession of kratom prohibited. § 9.92 .040 Violations and Penalties. § 9.92.050 Severability. § 9.92.010 Purpose and Intent. This article is enacted pursuant to the City's plenary police powers to protect public safety, health and welfare. The express purpose of this article is to protect public health and s afety by regulating access to kratom and other products containing more than 2% of 7-hydroxymitragynine in the alkaloid fraction. § 9.92.020 Definitions. For purposes of this article, the following definitions apply. (a) "Attractive to children" means any of the following: (1) Use of images that are attractive to children, including, but not limited to, images of any of the following, except as part of required health warnings: (A) Cartoons, toys, or robots. (B) Any real or fictional humans. (C) Fictional animals or creatures. (D) Fruits or vegetables, except when used to accurately describe ingredients or flavors contained in a product. 2 407 ORDINANCE NO . 4339 (2) Like ne ss to images, characters, or phrases that are popularly used to advertise to children. (3) Imitation of candy packaging or labeling, or other packaging and labeling of cereals, sweets, chips, or other foo d products typically marketed to children. ( 4) The t erms "candy" or "candies" or variants in spe lling such as "kandy" or "kandee. (5) Brand names or c lose imita tions of brand names of candies, cerea ls, sweets, chips, or other food products typica lly marketed to children. (6) Any other image or packaging that is easily confused with commercially available foo ds th at do not contain kratom and a re typically marketed to children. (7) Any other packaging used that is attractive to c hildren considering a ll relevant fac ts and ci rc umstances. (b) "Kratom leaf' means the leaf of the kratom plant, also known as mitragyna speciosa, any fo rm. ( c) "Kratom leaf extract" m eans the material obtained by extraction of krat om leaves by any means. ( d) "Kratom product" means a product consisting of any part of a leaf of the plant Mitragyna s peciosa i n fres h , dehydrated, or dried form; or a kratom extract, or any product t hat contains any kratom alkaloid or metabolite. ( e) "Total kratom a lkaloid s" means the sum of mitragynine, specioci liatine, speciogynine, paynantheine, and 7-hydroxymitra gynine in a kratom product. (f) "S ynth esized " means an a lka lo id or a lkalo id derivative that h as been created by c hemical synthesis or biosynthetic means (including bu t not limited to; ferme ntation, recombinant techniques, yeast derived, enzymatic techniques), rather than traditional food preparation techniques such as h eating or extra cting. It a lso includes alkaloids that h as b een further exposed to ch emicals or processes that v,1ould confer a stru ctural change in the a lkal oids contained within the extract. § 9.92.030 Sale, distribution and possession of kratom prohibited. (a) Except as otherwise a uthorized by law, an indi v idua l , business, or oth er entity sh a ll not sell, attempt to sell , offer, provide, or distribute a kratom product to a person under 2 1 years of age. 3 408 ORDINANCE NO. 4339 (b) Except as otherwise authorized by law, an individual, business, or other entity shall not sell, attempt to sell, offer, provide, or distribute any product with a level of 7-hydroxymitragynine that is greater than 2 percent of the total alkaloids in the product. (c) Except as otherwise authorized by law, an individual , business, or other entity shall not sell, attempt to sell , offer, provide, or distribute a kratom product that is attractive to children. (d) Any individual, business, or other entity that sells, attempts to sell, offers, provides, or distributes a kratom product shall conduct age-verification to ensure compliance with subdivision (a). ( e) No person or entity shall offer for sale any kratom product that contains or is adulterated with synthesized or semi-synthesized kratom alkaloids or kratom constituents. § 9.92.040 Violations and Penalties. Any person who violates section§ 9.92.030 is guilty of a misdemeanor and upon conviction thereof may be punished by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the County Jail for a period of not more than six (6) months or by both such fine and imprisonment. This section shall not serve to limit any other legal remedies or actions that the City may have to address violations of§ 9.92.030. A violation of§ 9.92.030 is grounds for a revocation of a business license, if applicable, pursuant to § 5 .08 .300 of the Huntington Beach Municipal Code. § 9.92.050 Severability . If any section, paragraph, sentence, clause, phrase or portion of this article is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed severable and such holding shall not affect the validity of the remaining portions hereof. The City Council hereby declares that it would have adopted this article irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed, and the balance of the article be enforced. SECTION 3. This ordinance shall become effective 30 days after its adoption. 4 409 ORDINANCE NO. 4339 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on _____ , 2025 Mayor REVIEWED AND APPROVED: ATTEST: fa_ ~!hf.____-- ¼ Manager City Clerk APPROVED AS TO FORM: City Attorney f ...,.,L-- 5 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-663 MEETING DATE:9/2/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Travis Hopkins, City Manager VIA:Eric Parra, Chief of Police PREPARED BY:Thoby Archer, Lieutenant and Kimberly Rodriguez, Management Analyst Subject: Approve for Introduction Ordinance No. 4338 Amending Huntington Beach Municipal Code Section 10.44.060 - Oversized Vehicle Parking Regulations Statement of Issue: Staff recommends amending Huntington Beach Municipal Code Section 10.44.060 to clarify and expand regulations concerning oversized vehicle parking on public city streets and alleys. The proposed changes add a new restriction on non-motorized trailers and make the language clearer to ensure it can be better enforced. This addresses community concerns and meets operational needs. Financial Impact: There is no direct financial impact associated with the adoption of this ordinance. The amendment does not require a change to the existing parking bail schedule. Recommended Action: Approve for introduction Ordinance No. 4338, “An Ordinance of the City Council of the City of Huntington Beach Amending Section 10.44.060 of the Huntington Beach Municipal Code Relating to Oversized Vehicle Parking.” Alternative Action(s): Do not approve the recommended action and direct staff accordingly. Analysis: Oversized vehicle parking remains a recurring issue in the City of Huntington Beach, particularly in residential neighborhoods where large vehicles and trailers can obstruct visibility, limit street access, and negatively impact neighborhood aesthetics. The existing language in Huntington Beach Municipal Code Section 10.44.060 restricts the parking of motor vehicles that exceed 22 feet in length or 84 inches in width, and prohibits recreational vehicles of any size, as defined by the California Health and Safety Code. However, the current ordinance language is not specific enough and has caused confusion among residents about which vehicles are actually restricted. Because the City of Huntington Beach Printed on 8/28/2025Page 1 of 3 powered by Legistar™ 410 File #:25-663 MEETING DATE:9/2/2025 and has caused confusion among residents about which vehicles are actually restricted. Because the wording “over 84 inches wide” appears without being clearly linked to the 22-foot length standard, some have interpreted the code to mean that only vehicles both over 22 feet long and over 84 inches wide are prohibited. This has created a loophole that members of the public have used to dispute citations, particularly in cases involving vehicles that exceed one dimension limit but not the other. Additionally, the ordinance lacks specific provisions addressing non-motorized trailers, further complicating enforcement. Ordinance No. 4338 addresses these concerns by making two key updates to the existing code. First, Section A has been revised to clearly state that vehicles are restricted if they exceed either 22 feet in length or 84 inches in width, and to clarify how both dimensions are measured, specifying that length and width must be taken from the furthest or widest point of the vehicle, including any extensions or attachments. This clarification will ensure consistent enforcement and eliminate ambiguity about which vehicles qualify as oversized. Second, a new Section C has been added to prohibit the parking of any non-motorized trailer, regardless of size or whether it is attached to a vehicle. This addition aims to close a common enforcement gap and provide tools to manage the long-term storage of trailers, such as boat trailers and utility trailers. The revised ordinance maintains the City's flexibility to grant exemptions through HBMC Section 10.44.062 and 10.44.065, allowing residents to obtain temporary permits for oversized vehicles in certain cases, including loading and unloading, visitor accommodations, or short-term work or medical needs. Ordinance No. 4338 will take effect 30 days after adoption, in accordance with California Government Code Section 36937. Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Goal 8 - Public Safety, Strategy A - Community-wide comprehensive risk reduction program to optimize public safety's emergency response and reduce the number of calls. For details, visit www.huntingtonbeachca.gov/strategicplan. Attachment(s): 1. Ordinance No. 4338 2. HBMC 10.44.060 City of Huntington Beach Printed on 8/28/2025Page 2 of 3 powered by Legistar™ 411 File #:25-663 MEETING DATE:9/2/2025 3. Exceptions to 10.44.060 City of Huntington Beach Printed on 8/28/2025Page 3 of 3 powered by Legistar™ 412 413 ORDINANCE NO. 4338 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 10.44.060 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO OVERSIZED VEHICLE PARKING The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 10.44.060 of the Huntington Beach Municipal Code is hereby amended to read as follows: 10.44.060 Oversized Vehicle Parking Regulations. Except as provided herein, no person shall park or leave standing upon any public highway or alleyway: A. Any motor vehicle, over 22 feet long or 84 inches wide, measured from the extreme forward/widest point to the extreme rear point. Measurements shall include extensions and/or attachments. B. Any recreational vehicle, regardless of size. The term "recreational vehicle" (RV) shall have the same meaning as set forth in California Health and Safety Code Section 18010 or any successor statute. C. Any non-motorized trailer, regardless of size, whether attached to a motor vehicle or detached. SECTION 2. This ordinance shall be effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on __________ , 2025. Mayor ATTEST: APPROVED AS TO FORM: City Clerk J-> City Attorney REVIEWED AND APPROVED: City Manager Police Chief 25-16071 I 385510 414 LEGISLATIVE DRAFT HBMC CHAPTER 10.44.060 10.44.060 Oversized Vehicle Parking Regulations Except as provided herein, no person shall park or leave standing upon any public highway or alleyway: A. Any motor vehicle, over 22 feet long or 84 inches wide, including, but not limited to, buses, motor trucks, trailers, vehicles used or maintained as farm machinery or a special purpose or equipment machine, any non motorized vehicle such as a semitrailer, recreational vehicle trailer, 1.vatercraft trailer, trailer, trailer coach, utility trailer, unattached trailer, motorcycle trailer, two or more axle camper, or one mde camper, over 84 inches 1.vide, measured from the extreme forward/widest point to the extreme rear point. Measurements shall include extensions and/or attachments. B. Any recreational vehicle, regardless of size. Recreational vehicles of any size are not permitted. The term "recreational vehicle" (RV) shall have the same meaning as set fo1ih in California Health and Safety Code Section 18010 or any successor statute. C. Any non-motorized trailer, regardless of size, whether attached to a motor vehicle or detached. 415 Title 10. Vehicles and Traffic Chapter 10.44. PARKING-TIME LIMITS § 10.44.060. Oversized Vehicle Parking Regulations. City of Huntington Beach, CA Wednesday, August 13, 2025 Except as provided herein, no person shall park or leave standing upon any public highway or alleyway: A. Any motor vehicle, over 22 feet long or 84 inches wide, including, but not limited to, buses, motor trucks, trailers, vehicles used or maintained as farm machinery or a special purpose or equipment machine, any non-motorized vehicle such as a semitrailer, recreational vehicle trailer, watercraft trailer, trailer, trailer coach, utility trailer, unattached trailer, motorcycle trailer, two or more axle camper, or one axle camper, over 84 inches wide, measured from the extreme forward/widest point to the extreme rear point. Measurements shall include extensions and/or attachments. B. Recreational vehicles of any size are not permitted. The term "recreational vehicle" (RV) shall have the same meaning as set forth in California Health and Safety Code Section 18010 or any successor statute. (1935-11/74, 2115-11/76, 2514-12/81, 2855-12/86, 3699-04/05, 3823-4/09, 4028-8/14, 4155-11/18) 416 Title 10. Vehicles and Traffic Chapter 10.44 . PARKING-TIME LIMITS City of Huntington Beach, CA Wednesday, August 13, 2025 § 10.44 .062 . Recreational Vehicle Parking in a Residential District-Special Permits. A. The Police Chief may issue a temporary permit for the overnight parking of a recreational vehicle prohibited by Section 10.44.060 if there is a finding that the vehicle is used on a daily basis and on-premises parking is not reasonably available . A permit issued based on this finding shall not be valid for longer than six months. B. The Police Chief may issue a temporary permit to persons who demonstrate by way of written statement from a licensed medical doctor, that the recreational vehicle prohibited by Section 10.44.060 must be kept near a residence for medical reasons . C. If the applicant can demonstrate , by way of a written statement from a licensed medical doctor, that the condition is permanent and stationary, the chief may, on a case-by-case basis issue a permanent exemption . D. It is unlawful for any person to whom a permit is issued pursuant to Section 10.44.062 of this chapter to transfer, sell , rent or lease such permit or allow such permit to be used by any person other than a guest of that person, either with or without consideration . (3699-4/05, 4303-1/16/2024) § 10.44.065. Exceptions. Section 10.44.060 shall not apply to the following : A. Recreational vehicles or oversized motor vehicles as defined in Section 10.44.060, parked for the purpose of loading, or other short-term use, or unattached trailers provided that a permit has been issued in advance by the Police Chief. The Police Chief, or his or her designee , shall have authority to make and enforce any rules and regulations for or regarding the issuance, administration or enforcement of any permit as set forth in this chapter. A permit may be issued for loading, unloading, or other short-term use not to exceed 24 hours , provided that: 1. No more than 12 such periods are allowed in a calendar month ; and 2 . No more than three days consecutively ; and 3. No more than 144 days in any 12-month period . Such parking shall be limited to the area in front of the residence from which the loading or unloading will occur, or in rea- sonable proximity thereto if the front of the residence is not available for parking . Permits are issued to the oversized vehi- cle as defined in Section 10.44.060 of the Huntington Beach Municipal Code and not the drawing vehicle . B. Recreation vehicles not more than 20 feet long and 84 inches wide parked in front of and adjacent to the same residence that the vehicle owner either owns or rents, provided that a permit has been issued in advance by the Police Chief. The Police Chief, or designee , shall have authority to approve, deny, condition, or revoke any permit, and to make and enforce any rules and regulations for or regarding the issuance, administration or enforcement of any permit as set forth in this chapter. C. Nothing in this chapter shall be construed to permit sleeping in a vehicle . D. A permit may be used for any oversized motor vehicle parking while used in performing or assisting in performing City permitted services or repairs on residential property. The permit will be valid for 45 days and will be renewed only upon proof that the vehicle is continuing to be used in performing the services described herein not to exceed 90 days in any 12-month period . E. Oversized vehicles as defined in Section 10.44.060 parked upon any public street or highway in a commercial or industrial district between the hours of 6 :00 a .m. and 9:00 p.m. (1935-11/74 , 2115-11/76 , 2514-12/81, 2855-12/86 , 3699-04/05, 3735-5/06, 3742-8/06, 4028-8/14 , 4155-11/18, 4223- 1/21,4303-1/16/2024) City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-710 MEETING DATE:9/2/2025 Subject: Item Submitted by Councilman Chad Williams - Allocation of Revenue Increases to Public Safety Recommended Action: Direct the City Manager to allocate all revenues generated from the 2025 updates to the Huntington Beach Uniform Bail Schedule for Parking Violations exclusively as follows for public safety enhancements: 70% to the Police Department to be expended at the discretion of the Police Chief for the highest and best use; and 30% to the Fire Department, prioritizing funding for the second administrative Fire Captain position (with any excess for other Fire public safety needs). Further direct the City Manager to track these revenues separately and provide quarterly reports to the Council on collections, allocations, and expenditures to ensure transparency and compliance with this directive. Attachment(s): 1.Councilman Williams Memo City of Huntington Beach Printed on 8/28/2025Page 1 of 1 powered by Legistar™ 417 City Council Meeting – Council Member Items Report To: City Council From: Chad Williams, Councilman Date: September 2, 2025 Subject: Allocation of Uniform Bail Schedule Revenue Increases to Public Safety 2000 Main Street, Huntington Beach, CA 92648 | www.huntingtonbeachca.gov ISSUE STATEMENT At the August 19, 2025 City Council meeting, the Council adopted Resolution No. 2025-53, updating the Uniform Bail Schedule for Parking Violations. Staff projections indicate this will generate approximately $1,000,000 in additional annual revenue based on historical citation volumes. To enhance public safety without impacting the general fund, this item directs the specific allocation of these revenues as follows: 70% to the Police Department (to be expended at the discretion of the Police Chief for the highest and best use in public safety operations) and 30% to the Fire Department (prioritizing funding for the second administrative Fire Captain position, estimated at $289,500, with the remainder for other Fire public safety needs). The City Manager shall provide quarterly reports to the Council detailing the collection and expenditure of these funds to ensure transparency and targeted use. RECOMMENDED ACTION Direct the City Manager to allocate all revenues generated from the 2025 updates to the Huntington Beach Uniform Bail Schedule for Parking Violations exclusively as follows for public safety enhancements: 70% to the Police Department to be expended at the discretion of the Police Chief for the highest and best use; and 30% to the Fire Department, prioritizing funding for the second administrative Fire Captain position (with any excess for other Fire public safety needs). Further direct the City Manager to track these revenues separately and provide quarterly reports to the Council on collections, allocations, and expenditures to ensure transparency and compliance with this directive. 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 418 •. CITY OF _ HUNTINGTON BEACH City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-714 MEETING DATE:9/2/2025 Subject: Item Submitted by Council Woman Gracey Van Der Mark - Request for Resolution in Opposition to Special Election for Redistricting Recommended Action: Direct the City Manager to draft a resolution for City Council approval in opposition to Governor Newsom’s special election regarding redistricting and bring the resolution back for consideration on September 16, 2025. Attachment(s): 1.Van Der Mark Memo City of Huntington Beach Printed on 8/28/2025Page 1 of 1 powered by Legistar™ 419 City Council Meeting – Council Member Items Report To: From: Date: Subject: City Council Gracey Van Der Mark, Council Woman September 2, 2025 Request for Resolution in Opposition to Governor Newsom’s Special Election on Redistricting 2000 Main Street, Huntington Beach, CA 92648 | www.huntingtonbeachca.gov ISSUE STATEMENT On August 21, 2025, Governor Gavin Newsom signed legislation calling for a special election to waive the state’s independent redistricting process and approve new partisan congressional maps that favor one party over another. Governor Newsom’s attempt to alter the House of Representatives is blatantly partisan and contrary to the history of allowing the Independent Redistricting Commission to determine congressional maps. The Independent Redistricting Commission was approved by the state voters and selects districts via a detailed, comprehensive process. There is no legitimate need to change this process. Governor Newsom’s blatant attempt to revoke the will of the voters is unnecessary political theatre and is contrary to the will of the voters and the spirit of the California Constitution. The State of California is in financial crisis and to add the exorbitant cost, with some estimates exceeding $200 million, of this unnecessary special election is the epitome of poor leadership and fiscal mismanagement, especially when public safety, homelessness services and many other essential issues urgently need additional funding. RECOMMENDED ACTION Direct the City Manager to draft a resolution for City Council approval in opposition to Governor Newsom’s special election regarding redistricting and bring the resolution back for consideration on September 16, 2025. 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 Not applicable- Administrative Item 420 CITY OF r. HUNTINGTON BEACH