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Home My WebLink About2025-10-07 Agenda PacketIN-PERSON PUBLIC PARTICIPATION: Members of the public are welcome to attend City Council meetings in person. Alternate ways to view meetings live or on-demand include: livestreamed on HBTV Channel 3 (replayed on Wednesday at 10:00 a.m. and Thursday at 6:00 p.m.); live and archived meetings for on-demand viewing accessed from https://huntingtonbeach.legistar.com/calendar , https://bit.ly/SurfCityTV, or the City's YouTube Channel at https://www.youtube.com/cityofhb , or from any Roku, Fire TV or Apple device by downloading the Cablecast Screenweave App and searching for the City of Huntington Beach channel. PRESENTATION MATERIAL: 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, October 7, 2025 4:30 PM - Closed Session 6:00 PM - Regular Meeting Council Chambers 2000 Main Street Huntington Beach, CA 92648 MAYOR AND CITY COUNCIL PAT BURNS, Mayor CASEY MCKEON, Mayor Pro Tem 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 October 7, 2025City Council/Public Financing Authority 4:30 PM - COUNCIL CHAMBERS CALL TO ORDER ROLL CALL Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, Williams Pursuant to Resolution No. 2001-54, Councilmen Kennedy and Williams have requested permission to be absent from this meeting. 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 25-7911.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. 25-7922.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. 25-7993.CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Gov. Code section 54956.8.) Property: 21091 Pacific Coast Highway, Huntington Beach, CA 92648 Page 1 of 7 2 AGENDA October 7, 2025City Council/Public Financing Authority (APN 024-281-16). Agency negotiator: 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: Paul Maddison - Pacific City Hotel, LLC dba Pasea Hotel and Spa (Not Present). Under negotiation: Price and terms of payment. 6:00 PM – COUNCIL CHAMBERS RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING ROLL CALL Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, Williams Pursuant to Resolution No. 2001-54, Councilmen Kennedy and Williams have requested permission to be absent from this meeting. 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. 25-7844.Huntington Beach Police Chaplain Bob Ewing PLEDGE OF ALLEGIANCE CLOSED SESSION REPORT BY CITY ATTORNEY CITY COUNCIL MEMBER COMMENTS (2-Minute Time Limit) The Mayor will facilitate a voluntary opportunity for members of the Huntington Beach City Council to individually make brief comments to the public. Please note that the Brown Act does not allow for lengthy comments, discussion, or action on topics that are not on the agenda. AWARDS AND PRESENTATIONS 25-7905.Presentation of 2025 Mosquito Awareness Campaign Award by Orange County Mosquito and Vector Control District to the City of Huntington Beach 25-7626.Legislative Update provided by Board of Supervisor First District, Janet Nguyen Page 2 of 7 3 AGENDA October 7, 2025City Council/Public Financing Authority 25-7987.Presentation by Unite 4 Freedom Regarding a Legally Valid 2026 Election ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS (3-Minute Time Limit) At this time, the City Council will receive comments from members of the public regarding any topic, including items on the open session agenda. Individuals wishing to provide a comment may do so in person by filling out a Request to Speak form delivered to the City Clerk. All speakers are encouraged, but not required to identify themselves by name. Each speaker may have up to 3 minutes unless the volume of speakers warrants reducing the time allowance. Please note that the Brown Act does not allow discussion or action on topics that are not on the agenda. Members of the public who would like to speak directly with a Councilmember on an item not on the agenda may consider scheduling an appointment by contacting the City Council's Administrative Assistant at (714) 536-5553 or emailing the entire City Council at city.council@surfcity-hb.org. While the City Council welcomes public involvement and supports and defends free speech, the City Council rejects comments from anyone that are discriminatory, defamatory or otherwise not protected free speech. Those comments will not inform nor be considered by the City Council and may be cause for the Mayor to interrupt the public speaker. Such public comments will not be consented to or otherwise adopted by the City Council in its discussions and findings for any matter tonight. COUNCIL COMMITTEE APPOINTMENT ANNOUNCEMENTS Councilmembers may make brief announcements on any appointments made to a board, committee, or commission. Councilmembers may not discuss or take any action on these announcements. Announcements are limited to 1 minute. AB 1234 REPORTING Per AB 1234 (Government Code Section 53232.3(d)) Councilmembers who attend a meeting, conference, or similar event at the expense of the City must provide a brief report of the meeting, conference, or similar event during the next regular City Council meeting. Reports are limited to 1 minute. OPENNESS IN NEGOTIATION DISCLOSURES 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 Page 3 of 7 4 AGENDA October 7, 2025City Council/Public Financing Authority 25-8028.Community Outreach and Engagement CONSENT CALENDAR (Items 9-15) City Clerk 25-7309.Approve and Adopt Minutes Approve and adopt the City Council/Public Financing Authority regular meeting and the Housing Authority, Parking Authority and Successor Agency special meeting minutes of September 2, 2025, the City Council/Public Financing Authority regular meeting minutes of September 16, 2025, and the City Council/Public Financing Authority special meeting minutes of September 23, 2025. Recommended Action: Community and Library Services 25-78810.Authorize the appropriation of $98,000 from the Huntington Central Park Sports Complex (HCPSC) Capital Improvement Fund 325 to replace the failed irrigation booster pump at the Huntington Beach Sports Complex Authorize the appropriation of $98,000 from the Huntington Central Park Sports Complex (HCPSC) Capital Improvement Fund Account 32545001.83700 to replace the irrigation booster pump at the Huntington Beach Sports Complex. Recommended Action: 25-78211.Adopt Ordinance No. 4335 of the City of Huntington Beach Deleting Chapter 2.106 of the Huntington Beach Municipal Code and Dissolving the Huntington Beach Independence Day Board - Approved for Introduction September 16, 2025, by a vote of 7-0 Adopt Ordinance No. 4335, “An Ordinance of the City of Huntington Beach deleting Chapter 2.106 of the Huntington Beach Municipal Code and Dissolving the Huntington Beach Independence Day Board.” Recommended Action: Community Development 25-78312.Approve Zoning Text Amendment No. 25-003 (Reapplication Process for Group Homes) by adopting Ordinance Nos. 4340 and 4341 - Approved for Introduction September 16, 2025, by a vote of 7-0 A) Find Zoning Text Amendment No. 25-003 and amendment to Municipal Code Chapter 5.110 exempt from the California Environmental Quality Act (CEQA) pursuant to City Recommended Action: Page 4 of 7 5 AGENDA October 7, 2025City Council/Public Financing Authority Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act because the request is a minor amendment to the municipal code and zoning ordinance that does not change the development standards intensity or density; and, B) Approve Zoning Text Amendment No. 25-003 with findings (Attachment No. 1) and adopt Ordinance No. 4341, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 230.28 Group Homes of the Huntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No. 25-003)”; (Attachment No. 2); and, C) Approve amendment to Municipal Code Chapter 5.110 and adopt Ordinance No. 4340, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 5.110 Group Homes of the Huntington Beach Municipal Code Titled Group Homes” (Attachment No. 3). Human Resources 25-77013.Adopt Resolution No. 2025-62 Approving and Implementing the Memorandum of Understanding with Marine Safety Management Association A) Adopt Resolution No. 2025-62, “Resolution of the City Council of the City of Huntington Beach Approving and Implementing the Memorandum of Understanding Between the Marine Safety Management Association (MSMA) and the City for January 1, 2025, to December 31, 2027;” and B) Authorize the City Manager or designee to take all administrative and budgetary actions necessary for implementation of Resolution No. 2025-62 . Recommended Action: 25-77114.Adopt Resolution No. 2025-63 Approving and Implementing the Memorandum of Understanding with Surf City Lifeguards Employees’ Association A) Adopt Resolution No. 2025-63, “A Resolution of the City Council of the City of Huntington Beach Approving and Implementing the Memorandum of Understanding between the Surf City Lifeguard Employees’ Association (SCLEA) and the City for July 1, 2025, to June 30, 2028;” and B) Authorize the City Manager or designee to take all administrative and budgetary actions necessary for implementation of Resolution No. 2025-63 . Recommended Action: Public Works 25-76315.Amend the Measure M 7-year Capital Improvement Program for Fiscal Years 2025/2026 through 2031/2032 to add the Trash Provision Page 5 of 7 6 AGENDA October 7, 2025City Council/Public Financing Authority Compliance FCS Installation project Amend the Measure M 7-year Capital Improvement Program for Fiscal Years 2025/2026 through 2031/2032 to add the Trash Provision Compliance FCS Installation project . Recommended Action: PUBLIC HEARING 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. 25-72416.Public Hearing to Adopt Resolution No. 2025-52 for Annual Assessment Approval in the Huntington Beach Downtown Business Improvement District for Fiscal Year (FY) 2025-2026 A) Conduct the Public Hearing; and, B) If written protests from businesses representing 50% or more of the total assessment are not received, adopt Resolution No. 2025-52, “A Resolution of the City Council of the City of Huntington Beach Approving an Annual Assessment within the Huntington Beach Downtown Business Improvement District for Fiscal Year 2025-26.” Recommended Action: COUNCIL MEMBER ITEMS 25-78917.Item Submitted by Council Woman Gracey Van Der Mark and Councilmen Butch Twining and Don Kennedy - Prohibition on Sale and Distribution of Nitrous Oxide in Huntington Beach Direct the City Manager and City Attorney to prepare an ordinance for the prohibition of sale and distribution of nitrous oxide in Huntington Beach. Recommended Action: 25-79518.Item Submitted by Mayor Pat Burns - Adopt Resolution No. 2025-64 in Support of Immediate Action to Ensure a Legally Valid and Transparent 2026 General Election Page 6 of 7 7 AGENDA October 7, 2025City Council/Public Financing Authority Adopt Resolution No. 2025-64, “A Resolution of the City Council of the City of Huntington Beach in Support of Immediate Action to Ensure a Legally Valid and Transparent 2026 General Election.” Recommended Action: CITY COUNCIL MEMBER REQUESTS ADJOURNMENT The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Tuesday, October 21, 2025, in the Civic Center Council Chambers, 2000 Main Street, Huntington Beach, California. INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA AND STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT http://www.huntingtonbeachca.gov Page 7 of 7 8 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-791 MEETING DATE:10/7/2025 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. City of Huntington Beach Printed on 10/1/2025Page 1 of 1 powered by Legistar™ 9 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-792 MEETING DATE:10/7/2025 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 10/1/2025Page 1 of 1 powered by Legistar™ 10 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-799 MEETING DATE:10/7/2025 CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Gov. Code section 54956.8.) Property: 21091 Pacific Coast Highway, Huntington Beach, CA 92648 (APN 024-281-16). Agency negotiator: 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: Paul Maddison - Pacific City Hotel, LLC dba Pasea Hotel and Spa (Not Present). Under negotiation: Price and terms of payment. City of Huntington Beach Printed on 10/1/2025Page 1 of 1 powered by Legistar™ 11 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-784 MEETING DATE:10/7/2025 Huntington Beach Police Chaplain Bob Ewing City of Huntington Beach Printed on 10/1/2025Page 1 of 1 powered by Legistar™ 12 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-790 MEETING DATE:10/7/2025 Subject: Presentation of 2025 Mosquito Awareness Campaign Award by Orange County Mosquito and Vector Control District to the City of Huntington Beach City of Huntington Beach Printed on 10/1/2025Page 1 of 1 powered by Legistar™ 13 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-762 MEETING DATE:10/7/2025 Legislative Update provided by Board of Supervisor First District, Janet Nguyen City of Huntington Beach Printed on 10/1/2025Page 1 of 1 powered by Legistar™ 14 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-798 MEETING DATE:10/7/2025 Subject: Presentation by Unite 4 Freedom Regarding a Legally Valid 2026 Election City of Huntington Beach Printed on 10/1/2025Page 1 of 1 powered by Legistar™ 15 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-802 MEETING DATE:10/7/2025 Subject: Community Outreach and Engagement City of Huntington Beach Printed on 10/1/2025Page 1 of 1 powered by Legistar™ 16 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-730 MEETING DATE:10/7/2025 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 and Housing Authority, Parking Authority and Successor Agency special meeting minutes of September 2, 2025, City Council/Public Financing Authority regular meeting minutes of September 16, 2025, and City Council/Public Financing Authority special meeting minutes of September 23, 2025, require review and approval. Financial Impact: None. Recommended Action: Approve and adopt the City Council/Public Financing Authority regular meeting and the Housing Authority, Parking Authority and Successor Agency special meeting minutes of September 2, 2025, the City Council/Public Financing Authority regular meeting minutes of September 16, 2025, and the City Council/Public Financing Authority special meeting minutes of September 23, 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. September 2, 2025 CC/PFA regular and Housing Authority, Parking Authority and Successor City of Huntington Beach Printed on 10/1/2025Page 1 of 2 powered by Legistar™ 17 File #:25-730 MEETING DATE:10/7/2025 Agency special meeting minutes 2. September 16, 2025 CC/PFA regular meeting minutes 3. September 23, 2025 CC/PFA special meeting minutes City of Huntington Beach Printed on 10/1/2025Page 2 of 2 powered by Legistar™ 18 Minutes City Council/Public Financing Authority Regular Meeting Special Meeting Minutes of the Housing Authority, Parking Authority, and Successor Agency City of Huntington Beach Tuesday, September 2, 2025 4:00 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 4:00 PM — COUNCIL CHAMBERS CALL TO ORDER — 4:00 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 (3-Minute Time Limit) — None City Attorney Mike Vigliotta confirmed Closed Session Items #1 (25-700) and #2. (25-701), Conference with Labor Negotiators, would not be discussed during Closed Session. Mayor Burns read titles for Closed Session Items #4, Conference with Real Property Negotiators for property at 21091 Pacific Coast Highway, Huntington Beach, CA, 92648 (APN 024-281-16); William Krill, Real Estate Project Manager (Not Present) regarding price and terms of lease. A motion was made by Burns, with a second by Van Der Mark, to recess for Closed Session. RECESSED TO CLOSED SESSION — 4:03 PM CLOSED SESSION 1. 25-700 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). 19 City Council/Public Financing Authority Regular Meeting Minutes and Special Meeting Minutes of the Housing Authority, Parking Authority, and Successor Agency September 2, 2025, Page 2 of 23 2. 25-701 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. 25-702 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. 4. 25-703 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. NEW 25-716 CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION (Gov. Code section 54956.9(d)(2).): One (1). NEW 25-721 CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION (Gov. Code section 54956.9(d)(2).): One (1). NEW 25-722 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. 6:00 PM — COUNCIL CHAMBERS RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY REGULAR MEETING AND CALLED TO ORDER SPECIAL MEETINGS OF THE HOUSING AUTHORITY, PARKING AUTHORITY, AND SUCCESSOR AGENCY — 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. 5. 25-693 Huntington Beach Police Chaplain James Pike PLEDGE OF ALLEGIANCE — Led by Mayor Burns CLOSED SESSION REPORT BY CITY ATTORNEY — None CITY COUNCIL MEMBER COMMENTS (2-Minute Time Limit) — None 20 City Council/Public Financing Authority Regular Meeting Minutes and Special Meeting Minutes of the Housing Authority, Parking Authority, and Successor Agency September 2, 2025, Page 3 of 23 ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) Pursuant to the Brown "Open Meetings" Act, City Clerk Lisa Lane Barnes announced supplemental communications received by her office following distribution of the Council Agenda packet which were all uploaded to the City's website and Councilmember iPads: Consent Calendar Item #14 (3 email communications); Administrative Items #17 (1 email communication); Ordinances for Introduction #18 (6 email communications); Councilmember Items #20 (1 email communication); and NEW (25-714) (2 email communications). Mayor Burns announced the two Public Hearings for this meeting which include time for public speakers, in addition to this general Public Comment time. PUBLIC COMMENTS (1-Minute Time Limit due to the number of speakers) — 56 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. Paul Murphy commented on Public Hearing Item #15 (25-623) regarding the Airshow Event. (00:09:06) Harry McLachlan commented on a the Patriot Academy offered at the Huntington Beach Public Library. (00:10:16) Amory Hanson commented on Administrative Items #17 (25-687) regarding voter identification and requirements. (00:11:28) Unnamed speaker commented on the Patriot Academy offered at the Huntington Beach Public Library. (00:12:04) Andrew Einhorn commented on the Patriot Acedemy offered at the Huntington Beach Public Library; Public Hearing Item #15 (25-623) regarding Airshow Event; Council Member Items NEW (25-714) regarding special election for redistricting; and relocating the Surf Museum to the Main Street Library. (00:13:14) Unnamed speaker commented on the recent ruling of a dismissal by a Superior Court Judge regarding his four Huntington Beach parking violations. (00:14:28) Thomas Laparne commented on Public Hearing Item #16 (25-664) regarding the use of alcohol at the Huntington Beach Sports Complex. (00:15:32) Don Ramsey commented on Public Hearing Item #15 (25-623) regarding the Airshow Event. (00:16:44) Unnamed Speaker commented on Consent Calendar Item #14 (25-636) regarding critical incident response and Council Member Items #20 (25-710) regarding allocation of revenue increases to public safety. (00:17:41) Patricia Pappas commented on her appreciation for the service of Mayor Burns and each of the Councilmembers. (00:18:34) Laszlo Lak commented on Public Hearing Item #16 (25-664) regarding the use of alcohol at the Huntington Beach Sports Complex. (00:19:45) 21 City Council/Public Financing Authority Regular Meeting Minutes and Special Meeting Minutes of the Housing Authority, Parking Authority, and Successor Agency September 2, 2025, Page 4 of 23 Tomari commented on Public Hearing Item #16 (25-664) regarding the use of alcohol at the Huntington Beach Sports Complex. (00:21:01) Sam Giesy commented on Public Hearing Item #16 (25-664) regarding the use of alcohol at the Huntington Beach Sports Complex. (00:22:13) Dominic McGee commented on Public Hearing Item #15 (25-623) regarding the Airshow Event; the Patriot Academy offered at the Huntington Beach Public Library; and Public Hearing Item #16 (25-664) regarding the use of alcohol at the Huntington Beach Sports Complex. (00:23:21) Janet Ewell commented on the Patriot Academy offered at the Huntington Beach Public Library. (00:24:17) Scott commented on Public Hearing Item #16 (25-664) regarding the use of alcohol at the Huntington Beach Sports Complex. (00:25:33) Unnamed speaker commented on Public Hearing Item #16 (25-664) regarding the use of alcohol at the Huntington Beach Sports Complex. (00:26:48) Pat Goodman commented on Public Hearing Item #15 (25-623) regarding the Airshow Event; Consent Calendar Item #14 (25-636) regarding critical incident response; Public Hearing Item #16 (25-664) regarding the use of alcohol at the Huntington Beach Sports Complex; Administrative Items #17 (25-687) regarding voter identification and requirements; Council Member Items #20 regarding allocation of revenue increases to public safety; and NEW (25-714) regarding special election for redistricting. (00:27:59) Matt Liffreing commented on Public Hearing Item #15 (25-623) regarding the Airshow Event. (00:29:06) Unnamed speaker commented on the Patriot Academy offered at the Huntington Beach Public Library and Public Hearing Item #16 (25-664) regarding the use of alcohol at the Huntington Beach Sports Complex. (00:30:42) Chris Kluwe commented on the Magnolia Street project; City Manager's Report Item #6 (25-698) regarding Surfside–Sunset Sand Replenishment Project; and Council Member Items NEW (25-714) regarding special election for redistricting. (00:31:55) Unnamed speaker commented on multiple "conflicting" City Council actions. (00:33:02) Unnamed speaker commented on the great job Councilmembers are doing and on Public Hearing Item #16 (25-664) and the use of alcohol at the Huntington Beach Sports Complex. (00:34:07) Joanne Sosa commented on Public Hearing Item #16 (25-664) regarding the use of alcohol at the Huntington Beach Sports Complex. (00:35:09) Richard Worley speaker commented on Public Hearing Item #16 (25-664) regarding the use of alcohol at the Huntington Beach Sports Complex. (00:36:01) Billy Maddox commented on Public Hearing Item #16 (25-664) regarding the use of alcohol at the Huntington Beach Sports Complex. (00:36:30) 22 City Council/Public Financing Authority Regular Meeting Minutes and Special Meeting Minutes of the Housing Authority, Parking Authority, and Successor Agency September 2, 2025, Page 5 of 23 Tim Geddes commented on the lack of time for speakers and cited several examples of Council actions which he described as their ideological approach to governing. (00:37:46) Russ Neal commented on his support for City Council actions and standing up to Sacramento. (00:38:54) Frank Daniels commented on Public Hearing Item #16 (25-664) regarding the use of alcohol at the Huntington Beach Sports Complex. (00:39:52) Ken Inouye commented on several reasons for the City's unprecedented deficit. (00:41:02) Unnamed speaker commented on Consent Calendar Item #14 (25-636) regarding critical incident response; Public Hearing Item #15 (25-623) regarding the Airshow Event; and Council Member Items #20 (25-710) regarding allocation of revenue increases to public safety. (00:43:15) Unnamed speaker commented on Council Members Items NEW (25-714) regarding special election for redistricting and lack of appropriate time for public speakers. Mayor Burns invited this speaker to complete a blue card for follow-up. (00:44:27) Unnamed speaker commented on Consent Calendar Item #13 regarding the Huntington Beach Downtown Business Improvement District and expressed appreciation for Councilmember support. (00:45:05) Mr. Chavez, commented on Public Hearing Item #16 (25-664) regarding the use of alcohol at the Huntington Beach Sports Complex. (00:45:21) Bethany Webb commented on Public Hearing Item #15 (25-623) regarding the Airshow Event. (00:45:45) Brett Bush commented on Public Hearing Item #16 (25-664) regarding the use of alcohol at the Huntington Beach Sports Complex. (00:46:57) John Carser commented on Council Members Items NEW (25-714) regarding special election for redistricting. (00:48:05) Unnamed speaker commented on Consent Calendar Items #14 (25-636) regarding critical incident response; Public Hearing Items #15 (25-623) regarding the Airshow Event; Item #16 (25-664) regarding the use of alcohol at the Huntington Beach Sports Complex; Administrative Items #17 (25-687) regarding voter identification and requirements; Councilmember Items #20 (25-710) regarding allocation of revenue increases to public safety; and NEW (25-714) regarding special election for redistricting. (00:49:19) Regina Blankenhorn commented on Public Hearing Item #15 (25-623) regarding the Airshow Event and made comments in regards to the the City Treasurer. (00:50:34) Rebecca Grudt announced the November 7, 2025, Walk to End Alzheimer's Disease at Bolsa Chica State Beach. Council Woman Van Der Mark asked Ms. Grudt to complete a blue card for follow-up. (00:51:45) Paula Schaefer commented on Public Hearing Item #15 (25-623) regarding the Airshow Event. (00:53:04) 23 City Council/Public Financing Authority Regular Meeting Minutes and Special Meeting Minutes of the Housing Authority, Parking Authority, and Successor Agency September 2, 2025, Page 6 of 23 Jennifer Winberg commented on Public Hearing Item #16 (25-664) regarding the use of alcohol at the Huntington Beach Sports Complex. (00:54:12) Kanan Durham commented on Consent Calendar Item #14 (25-636) regarding critical incident response and Council Member Items #20 (25-710) regarding allocation of revenue increases to public safety. (00:55:28) Unnamed speaker commented on Public Hearing Item #15 (25-623) regarding the Airshow Event. (00:56:43) Billie Kriss commented on Public Hearing Item #16 (25-664) regarding the use of alcohol at the Huntington Beach Sports Complex. (00:57:56) Dianna Phillips commented on Public Hearing Item #16 (25-664) regarding the use of alcohol at the Huntington Beach Sports Complex. (00:59:07) Unnamed Speaker commented on Public Hearing Item #15 (25-623) regarding the Airshow Event. (01:00:18) Stan Calibutro commented on Public Hearing Item #16 (25-664) regarding the use of alcohol at the Huntington Beach Sports Complex. (01:02:06) Unnamed Speaker commented on a Constitution class offered at the Huntington Beach Public Library. (01:02:38) Unnamed Speaker commented on how family is treated by officials when a loved one dies in their home. (01:03:48) Rebecca Chavez commented on Public Hearing Item #16 (25-664) regarding the use of alcohol at the Huntington Beach Sports Complex. (01:05:00) Unnamed speaker commented on Public Hearing Item #16 (25-664) regarding the use of alcohol at the Huntington Beach Sports Complex. (01:06:04) B. Chanel commented on Public Hearing Item #15 (25-623) regarding the Airshow Event. (01:07:14) Matt commented on Public Hearing Item #16 (25-664) regarding the use of alcohol at the Huntington Beach Sports Complex. (01:08:36) Unnamed speaker commented on Public Hearing Item #16 (25-664) regarding the use of alcohol at the Huntington Beach Sports Complex. (01:09:53) Jignesh Padhiar commented on Consent Calendar Item #14 (25-636) regarding critical incident response; Public Hearing Items #15 (25-623) regarding the Airshow Event and #16 (25-664) regarding the use of alcohol at the Huntington Beach Sports Complex; and Council Member Items NEW (25-714) regarding special election for redistricting. (01:10:31) COUNCIL COMMITTEE APPOINTMENT ANNOUNCEMENTS — None 24 City Council/Public Financing Authority Regular Meeting Minutes and Special Meeting Minutes of the Housing Authority, Parking Authority, and Successor Agency September 2, 2025, Page 7 of 23 AB 1234 REPORTING — Councilman Twining reported attending a meeting of the Orange County Council of Governments (OCCOG). OPENNESS IN NEGOTIATION DISCLOSURES — None NOTE: These Minutes reflect the original agendized order rather than actual order items were addressed during the meeting. CITY MANAGER’S REPORT 6. 25-698 Surfside-Sunset Sand Replenishment Project Travis Hopkins, City Manager, introduced Jim Merid, Environmental Services Manager, Public Works, who presented a PowerPoint communication titled SURFSIDE–SUNSET BEACH SAND REPLENISHMENT PROJECT (Stage 14) with slides entitled: BACKGROUND – Surfside-Sunset Beach Nourishment, BENEFITS & NEED, pictures, PROJECT DETAILS, pictures, FUNDING & SCHEDULE, Next Steps, and Questions? The presentation was followed by brief Councilmember discussion and questions. 7. 25-709 BreatheSafe HB — Community Opioid Response Initiative Travis Hopkins, City Manager, introduced Fire Chief Medical Officer Rombod Rahimian and Fire Division Chief Justin Fleming to present a PowerPoint communication titled Introduction to BreatheSafe HB, with slides entitled: BreatheSafe HB, What is BreatheSafe HB?, Three-Pillar Structure, Community Benefits, and Questions? The presentation was followed by brief Council member discussion and questions. CONSENT CALENDAR (Items 8 - 14) Councilman Kennedy pulled Item #12 for further discussion. City Clerk 8. 25-692 Approved and Adopted Minutes A motion was made by Burns, second Van Der Mark to approve and adopt the City Council/Public Financing Authority regular meeting minutes of August 19, 2025. The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams NOES: None City Manager 9. 25-688 Approved and authorized 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 25 City Council/Public Financing Authority Regular Meeting Minutes and Special Meeting Minutes of the Housing Authority, Parking Authority, and Successor Agency September 2, 2025, Page 8 of 23 Professional Services Contract Between the City of Huntington Beach and Stapleton & Associates for Federal Legislative Advocacy Services A motion was made by Burns, second Van Der Mark to approve and authorize first amendment to professional services agreement with Kahn, Soares and Conway for one year for state legislative advocacy services; and approve and authorize first amendment to professional services agreement with Stapleton & Associates for one year for federal legislative advocacy services. The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams NOES: None 10. 25-694 Approved updated 2025 City Council Liaison List — Citizen Boards, Commissions, and Committees A motion was made by Burns, second Van Der Mark to 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.) The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams NOES: None Community Development 11. 25-689 WITHDRAWN 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 12. 25-690 Approved and authorized 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 Councilman Kennedy pulled this item to note that when asked, the owners changed their request from a one-year to a three-year extension which he believes is a win for the senior citizen residents living in the facility. A motion was made by Kennedy, second McKeon to 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 26 City Council/Public Financing Authority Regular Meeting Minutes and Special Meeting Minutes of the Housing Authority, Parking Authority, and Successor Agency September 2, 2025, Page 9 of 23 to revise said Third Amendment to reflect this three-year extension; 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, 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. The motion carried by the following roll call vote: AYES: Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams NOES: None OUT OF ROOM: Twining 13. 25-669 Approved the Annual Report and Budget for the Huntington Beach Downtown Business Improvement District (District) for Fiscal Year 2025-2026 and adopted 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 motion was made by Burns, second Van Der Mark to approve the Huntington Beach Downtown Business Improvement District Annual Report and Budget for FY 2025-2026; and 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. The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams NOES: None Police 14. 25-636 Approved Implementation of Aerial Flashbangs and Inert Blast Balls for Critical Incident Response A motion was made by Burns, second Van Der Mark to 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. The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams NOES: None PUBLIC HEARING 15. 25-623 Certified Environmental Impact Report No. 25-003 by adopting Resolution No. 2025- 24; Approved Findings of Fact with a Statement of Overriding Considerations 27 ---- City Council/Public Financing Authority Regular Meeting Minutes and Special Meeting Minutes of the Housing Authority, Parking Authority, and Successor Agency September 2, 2025, Page 10 of 23 (Pacific Airshow Huntington Beach); and Approved and authorized the execution of an Airshow Event Agreement between the City of Huntington Beach and Pacific Airshow, LLC, and amended the On—Call Contract with Environmental Science Associates to appropriate $250,000 for the Airshow Environmental Impact Report and ongoing mitigation monitoring, as amended by Supplemental Communication Mayor Burns called for Supplemental Communications Pertaining to Public Hearing Item #15. 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: Public Hearing Item #15 (California State Lands Commission letter, 4 email communications and 1 staff memorandum). City Manager Travis Hopkins and Jennifer Villasenor, Director of Community Development, presented a PowerPoint communication titled EIR No. 25-003 Pacific Airshow with slides entitled: EIR No. 25-003 (Pacific Airshow), Topical Issues Analyzed, Significant and Unavoidable Impacts, Alternatives, Final EIR, Statement of Overriding Considerations, Airshow Event Agreement, Agreement Summary (3), Recommended Action (2), and Questions? Director Villasenor introduced representatives of Environmental Science Associates (ESA), the City's California Environmental Quality Act (CEQA) consultants and Airshow operator. Director Villasenor noted they were available to answer technical or project description questions. Councilman Williams and City staff discussed the expected cost for City—provided services such as police, fire and other City services for this year's Airshow event; how much time the Environmental Impact Report (EIR) covers; how often biologists will survey the area for any environmental change; and potential future EIR requirements or considerations. Mayor Burns announced continuation of the Open Public Hearing from August 19, 2025. Public Speakers (3-Minute Time Limit) — 10 Speakers Unnamed speaker stated she believes Kevin Elliott of Code Four cannot be expected to follow any rules; the Airshow destroys natural life in the wetlands; the City cannot afford this expense; and made additional comments unrelated to this Public Hearing. (02:38:13) Unnamed Speaker stated his support for the Airshow event and noted that Code Four has been invited by other countries to provide similar events overseas. He presented statics on the number of Huntington Beach outsiders who come to this event and noted the economic impact to Orange County and approximately $4M annually to the City's General Fund. He added that the Huntington Beach lump sum payment from the Amplify Energy settlement last October entirely offsets the Airshow Agreement, leaving the City in a net positive position, and this event is the most powerful economic windfall event the City has. This settlement isn't just about setting a legal matter, but about investing in the City's economic vitality, its reputation and future. (02:40:02) Bethany Webb stated that as a homeowner her taxes are unfortunately supporting Code Four if this item is approved. She continued by suggesting the Blue Angels could be contracted directly for free. She added she believes approving this item provides no upside for Huntington Beach but is rather a "pay for play" move by Councilmembers up for re-election. (02:42:57) 28 City Council/Public Financing Authority Regular Meeting Minutes and Special Meeting Minutes of the Housing Authority, Parking Authority, and Successor Agency September 2, 2025, Page 11 of 23 Unnamed speaker stated her strong opposition to the Airshow event because she believes the owner is bilking Huntington Beach citizens out of millions through a shady settlement deal. She continued that an event that is meant to honor service and inspire pride should not be built on corruption. She suggested the event be held at an alternate space. (02:46:08) Amory Hanson stated his support for the Airshow which he believes will provide many economic benefits for Huntington Beach as it has done in previous years. (02:47:51) Russ Neal stated his support for the Airshow. He believes most of the opposition has been manufactured on the part of local opponents to the City Council. He added he believes the Settlement Agreement just lays out a framework that is still subject to annual contract negotiations as was presented this evening. He stated that the Airshow has been conducted for many years with no environmental problems. (02:48:19) Stephanie Dufour, a Huntington Beach home and business owner, stated her advocacy for responsible public spending, coastal protection and smarter economic planning. She stated she believes there are a variety of other healthier events available that wouldn't be disrupted by oil spills or the marine layer fog. She believes it is time to end the Airshow and bring in events that reflect the values of a city that treasures its precious coastline and community. (02:49:38) Unnamed Speaker encouraged Council to not adopt the Statement of Overriding Conditions and not have any further dealings with Kevin Ellliott, Pacific Airshow, LLC or Code Four because of their failure for a number of years to obtain necessary permits from the California Coastal Commission. The City should not give away exclusive use of parking and the monetization of it, waving City fees, covering City employment costs, mitigate third-party costs, provide City resources, pay for the EIR, or authorize an additional $250,000 for environmental mitigation. She asked for proof of all the money this event supposedly brings into the City, because that is the only justification for this item. Further, the City is indemnifying Mr. Elliott's organization for CEQA challenges and sticking this for future City Councils with long-term renewals. (02:52:12) Dianna Phillips stated her support for the Airshow which brings patriotism, camaraderie, creates a family- friendly community, and brings in revenue. (02:54:54) Unnamed Speaker made comments regarding Code Four, Pacific Airshow, LLC, Kevin Elliott and City Council candidate election signs and staged events. (02:57:49) Mayor Burns closed the Public Hearing. Councilman Kennedy reviewed actual costs when the Blue Angels are booked for "free" as some speakers suggested, extrapolated some basic cost estimates, and noted that the Pacific Airshow is the #1 most attended airshow in the entire U.S. attracting three million people. He continued by providing examples of other events that are subsidized by the sponsoring cities to bring in commerce and people. Councilman Kennedy stated his support for this item. Mayor Pro Tem McKeon reviewed the Airshow history since he was elected in 2022, noting settlement issues that will allow the Airshow to continue as a premiere event for the West Coast. He noted there are discussions regarding a simultaneous aviation convention to super charge sales and tax revenue, and there is immeasurable marketing which puts Huntington Beach on the world stage. Many local businesses report that the Airshow event weekend is their busiest weekend of the whole year. He reviewed additional events that are subsidized by sponsoring cities to document operation standards. 29 City Council/Public Financing Authority Regular Meeting Minutes and Special Meeting Minutes of the Housing Authority, Parking Authority, and Successor Agency September 2, 2025, Page 12 of 23 Mayor Pro Tem McKeon stated he personally believes the economic and ancillary benefits provided by the Airshow far outweigh the $250,000 being paid and he fully supports the Airshow. Council Woman Van Der Mark stated her support for the comments made by both Councilman Kennedy and Mayor Pro Tem McKeon. She added that the Downtown businesses support the Airshow, and the event brings in people that otherwise wouldn't normally visit Huntington Beach. She believed if the Airshow was not held, the City would lose more money than what is spent to hold the event and expressed her full support for the Airshow. Councilman Twining described some of the planning, investments and details that Kevin Elliott and Code Four take to make the Airshow a successful event. He noted that because of the marine layer that moved in last year, Mr. Elliott announced that ticket holders could use their 2024 tickets for the 2025 event. He commended Mr. Elliott for using his own money to bring a world-class event to Huntington Beach and stated his support for the Airshow Event. Mayor Burns stated that not everything is about money, and that experience and long-term benefits have to also be considered. He believes that in the long term the Airshow is a benefit for Huntington Beach, and it has his support. Councilman Williams stated his love for the Airshow and noted that his own cost analysis doesn't support the numbers his fellow Councilmembers are using. He added that hiring an auditor could provide the details to confirm, or deny, the revenue numbers being presented by Destination Analysis. He noted that in the report, there is an asterisk to denote a "county" tax number, not just Huntington Beach. He questioned the validity of including increased property tax revenue because of the Airshow. He noted the assignment rights in the contract which allows the event producer to sell this contract to some third party, and it would take a City Council super-majority to stop that sale, yet the City Charter states any Council decision is made by a quorum. He continued by reviewing annual costs totaling about $800,000 compared to the actual expected $117,000 Transient Occupancy Tax (TOT) increase. Councilman Williams continued by stating he believes if this long-term agreement is approved it could expose the City to litigation and there is a fiduciary responsibility to hold off. There is nothing in the settlement that compels a decision tonight. The proposal relinquishes certain benefits and amends the settlement recital which indicates there is latitude to negotiate better terms for the taxpayers. Exercising caution at this time is prudent given the pending litigation and State audit over the next couple of weeks. Councilman Kennedy responded to Councilman Williams comments stating he had some good math and described some of the items missed such as parking facilities filled to capacity with the Airshow. Councilman Kennedy reiterated his opinion that the Airshow creates goodwill, supports local businesses, puts Huntington Beach on the international map, builds reputational value, provides a reason to visit Huntington Beach and a reason to come back, even if only $1 is made above the cost base. Councilman Kennedy also noted concessions that Code Four made to reach this point. Councilman Kennedy clarified he paid for and did not get "free" campaign signs from Code Four as was insinuated by at least one public speaker. Councilman Twining and City Manager Travis Hopkins discussed the existing 40-year settlement agreement between Code Four and Huntington Beach and confirmed the agreement under consideration is for 25 years. Councilman Twining added he believes there are several intangibles which were not included in Councilman Williams calculations, and stated continuing analysis is important. 30 City Council/Public Financing Authority Regular Meeting Minutes and Special Meeting Minutes of the Housing Authority, Parking Authority, and Successor Agency September 2, 2025, Page 13 of 23 Mayor Pro Tem McKeon called the question as to whether Council was ready to end discussion and vote on the issue. City Attorney Mike Vigliotta stated the call to question must receive a second and the prior substitute motion could not be amended until after the call to question is heard and decided. A second was made by Van Der Mark. Councilman Williams confirmed that if the call to question did not pass, then the discussion on this item will continue, and added he has another option to present. The question failed by the following roll call vote: AYES: McKeon, Van Der Mark, NOES: Twining, Kennedy, Burns, Gruel, Williams Councilman Williams stated he understands the promoter's need for the stability of a long-term agreement. He proposed making a 25-year agreement with one-year deal points to allow time for audited financials and then a long-term settlement would be negotiated for the deal points. He stated if audited financials support the numbers being presented, then the deal points would be extended for the 25 years. Mayor Pro Tem McKeon confirmed with City Attorney Vigliotta that the originally presented agreement has been approved by attorneys for both sides and has staff recommendation. If it is not approved tonight, it could provide an option for enforcing the previous contract. City Attorney Vigliotta confirmed for Councilman Williams that the court would have jurisdiction over the settlement agreement to force the City to comply with the terms. City Attorney Vigliotta added that after the environmental review is conducted, if the promoter asks the City for an agreement, the City is compelled to do it at that point. He stated that if Councilmembers engage at this point with different terms, the promoter could argue bad faith. A substitute motion was made by Williams, second Kennedy, to Postpone any action until the completion of an economic audit to provide an accurate fiscal analysis, invite community input and consider potential amendments. Lock in a 25-year exclusive commitment with 1-year deal points to be followed by continued negotiations for the deal points after the completion of an economic audit. The motion failed by the following roll call vote: AYES: Twining, and Williams NOES: Kennedy, McKeon, Burns, Van Der Mark, and Gruel A motion was made by Burns, second Van Der Mark to 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 Approve CEQA Findings of Fact with a Statement of Overriding Considerations (Attachment No. 2); and 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, and 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, as amended by Supplemental Communication. 31 City Council/Public Financing Authority Regular Meeting Minutes and Special Meeting Minutes of the Housing Authority, Parking Authority, and Successor Agency September 2, 2025, Page 14 of 23 The amended motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, and Gruel NOES: Williams 16. 25-664 Considered Appeal of the Planning Commission’s approval of Conditional Use Permit Nos. 25-007 and 25-014 (Huntington Beach Sports Complex) Mayor Burns called for any Councilmember to disclose any ex parte communications. Mayor Pro Tem McKeon, Councilman Twining and Council Woman Van Der Mark stated they had spoken with the applicant. Mayor Burns called for Supplemental Communications Regarding Public Hearing Item #16 (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: Public Hearing Item #16 (5 email communications). Jennifer Villasenor, Director of Community Development, presented a PowerPoint communication titled Appeal of the Planning Commission’s Approval of Conditional Use Permit No. 25-007 and No. 25-014 with slides entitled: Request, Project Location, Background, Site Plan, Renderings, Site Plan, Renderings, Analysis, Analysis (cont.), and Recommendation. Mayor Burns and Director Villasenor discussed that if there were to be violations of the Conditional Use Permits (CUP), it would be documented through Code Enforcement and the zoning code has the provisions for revocation of the CUPs. Mayor Pro Tem McKeon and Director Villasenor discussed the Request for Proposal (RFP) and subsequent agreement that was approved a year ago by a 7 – 0 Councilmember vote, including considerations for alcohol sales provided that proper permits were acquired. Councilman Williams and Director Villasenor discussed that the second food service location is adjacent to a tot lot, and noted that a child could go order food without being attended by an adult. Councilman Williams referenced Municipal Code §9.84.080 (C) which describes the type of activities that are prohibited in connection with the issuance of any alcohol use permit. Staff responded that the Conditional Use Permit (CUP) is conditioned so that each location will provide what is called a "fast" window that is delineated so that a child would be directed to go to a window that will not sell any alcoholic beverage, nor would the child have to go through the outdoor dining area to access the "fast" window. Mayor Burns opened the Public Hearing. Public Speakers (3-Minute Time Limit) — 19 Speakers Unnamed speaker stated her opposition to the sale of alcohol at the Huntington Beach Sports Complex because City Code prohibits the sale of alcohol in City parks by default. Further, the City Code states special permits for selling alcohol cannot be used when sports activities are scheduled in the same 32 City Council/Public Financing Authority Regular Meeting Minutes and Special Meeting Minutes of the Housing Authority, Parking Authority, and Successor Agency September 2, 2025, Page 15 of 23 facility. The Sports Complex is within the Open Space zoning district which allows alcohol sales through a Conditional Use Permit only if the City makes findings that the use will not harm public health, safety or welfare and is consistent with the General Plan. In her opinion, it is impossible, to make those findings for a facility centered on children's activities and tournaments. Finally, the City's own park rules say no alcoholic beverages of any type are permitted. This proposal conflicts with existing Huntington Beach rules, raises public safety concerns and undermines the family—oriented nature of the park. (04:05:44) Dominic McGee, Huntington Beach resident, stated his opinion that both Conditional Use Permits (CUPs) violate City Charter Section 612 even though the City Attorney's Office stated that it is not the case. These types of licenses are not usually allowed by the California Department of Alcoholic and Beverage Control (ABC) if neighboring facilities are designed specifically for children, like the tot lot. (04:08:10) Unnamed Speaker, Chairman of the Subcommittee that designed the Sports Complex, shared the history of the effort for Measure L to get some open space in Huntington Beach dedicated to youth sports. He added that typically if a planned event wants to serve alcohol, they get a license for the event and said that policy should continue. He noted that the amount of space at the Youth Complex dedicated to youth diminishes every year and encouraged Council to come up with the right answer. (04:10:19) Unnamed speaker stated the Huntington Beach Sports Complex is a recreation facility built for the community, specifically for the children. If this item passes, there will be only one window for the children to use which is a perversion of the intended use for this facility. As a former varsity high school umpire, he shared the travesty of witnessing competitive sports ambitions from parents and the bad behavior that can result when there is no alcohol involved. He cannot support mixing children's competitive sports with alcohol, and if allowed, he suspects it will only increase public safety issues. (04:13:36) Sue Goodwin, a resident of Westminster, urged a "No" vote on this issue as she believes the result will create a negative impact to the community. As an elementary school teacher, she knows firsthand that children are impressionable and searching for mentors. She asked how parents can be expected to drive home safely if they have had alcohol during their child's game. She added that an on—line search provided a list of ten locations where alcohol is served within a four— to seven—minute distance of the Huntington Beach Sports Complex. (04:16:19) Melanie Brady, Huntington Beach resident, a nurse practitioner with an educator background, shared her opinion that allowing alcohol at a youth sports facility is not a wise decision. She encouraged the Council to vote "No" on this item. (04:19:20) Unnamed Speaker stated his strong opposition to allowing the sale of alcohol at the Huntington Beach Sports Center. He believes allowing alcohol will raise serious concerns regarding public safety, public youth development, traffic management and the overall character of the community. He noted that even when regulated, alcohol consumption can escalate tensions in the competitive sports environment and increase the risk of poor judgement, DUIs and medical emergencies. This just results in an increased burden on public safety, staff and City resources. There could also be increased parking and traffic hazards in the neighborhood. In addition, the sale of alcohol is not necessary for the continued success of the Complex. (04:20:53) Unnamed Speaker stated his opposition to the sale of alcohol at the Huntington Beach Sports Complex. He referenced 6.12(a) which states that no public utility, or park or beach or portion thereof, now or hereafter, owned or operated by the City shall be sold, leased, exchanged or otherwise transferred or disposed of unless authorized by an affirmative vote of at least a majority of the total membership of the 33 City Council/Public Financing Authority Regular Meeting Minutes and Special Meeting Minutes of the Housing Authority, Parking Authority, and Successor Agency September 2, 2025, Page 16 of 23 City Council, and by the affirmative vote of at least a majority of the electors voting on such a proposition at a General or Special election which such proposition is submitted. He understands the need to increase revenues, but any plan should never be on the back of the children. (04:23:39) Joe Pedick, Pastor, shared from his perspective when considering the intent of the facility is a safe place for families. He noted there are all kinds of existing drinking establishments. He referenced some of the negative effects of alcohol to support the position of opposition that he and many other community members have for this project. (04:26:47) Jason stated there is no way to justify combining alcohol with kids and a sports complex. He noted that just one drink can impair judgement which could result in a tragedy. He asked Councilmembers to do the right thing right now. (04:29:54) Carol Tracy, a resident of Huntington Beach, stated her opposition to making alcohol available at the Huntington Beach Sports Complex. (04:31:55) Dan Hay, President and CEO, Premier Girls' Fast Pitch, Huntington Beach, stated he is responsible for PGF National Championships that generates over $130M of economic impact to Huntington Beach and Orange County. He has run hundreds of youth sports tournaments across the U. S. in the past twenty years, and only about five percent (5%) of them allow alcohol sales. He stated his belief that alcohol should be banned at all youth sports events, but not necessarily for music concerts. (04:32:31) Brian Thienes, Planning Commissioner who voted in favor of this project, explained that the two snack bars being discussed are currently never open, and allowing the sale of beer and wine in the restaurants would help to keep those snack bars open. He noted that security was an added condition to ensure that the alcohol does not go into the stands. He believes this improves people’s experiences at the Sports Complex, allows the snack bars to stay open for the kids, and allows the businesses to survive. He added that research found other cities that allow for alcohol sales at their sports complexes, as well as Club 33 at Disneyland in Anaheim. He stated he still supports these Conditional Use Permits. (04:36:24) Unnamed Speaker stated her opposition to allowing alcohol at a youth Sports Complex. (04:38:43) Joyce Rilley stated her opinion there should be no alcohol served at a venue for children's activities as children should be protected at all times. (04:39:17) Unnamed speaker stated he feels like the facility built for the benefit of underage children is being hijacked. He believes there are enough places in the area that already sell alcohol and allowing alcohol at a facility built for the benefit of kids is the wrong thing to do. (04:40:19) Applicants (not bound by the 3-minute time limit) Jerry Marchbank, Huntington Beach Sports Complex (HBSC), introduced Business Partner Matt Olmstead and Louie Palmerin, HBSC Director of Food and Beverage and President of Huntington Valley Little League. Mr. Marchbank described the guiding principle for HBSC and noted that the three men are Huntington Beach locals who want to build the best sports complex in America. He continued with a PowerPoint presentation with a slide entitled: Where We Are. Mr. Olmstead continued the presentation by describing current operations and explained this agenda item will provide the mechanisms for more control by providing a beer garden type of experience where the alcohol is contained within defined parameters. He added that staff will be trained to monitor behaviors where alcohol is served. (04:42:28) 34 City Council/Public Financing Authority Regular Meeting Minutes and Special Meeting Minutes of the Housing Authority, Parking Authority, and Successor Agency September 2, 2025, Page 17 of 23 Mr. Marchbank continued the PowerPoint presentation covering slides entitled: Timeline; and Comparables; Mr. Palmerin addressed the question of how alcohol and wine can be safely served by describing service and security staff training, including the requirement for Responsible Beverage Certifications as mandated by the State. Further, he clarified this is not going to be a bar but rather is an eating establishment where patrons can order a beer, a glass of wine or a soft drink with their food. As community residents themselves, the Applicants are focused on keeping a safe environment for everyone. Mr. Olmstead stated that for the most part people are responsible and exercise personal responsibility, each of them have children and the interest is in creating a family backyard bar-b-que environment. (04:50:53) Mayor Burns closed the Public Hearing. Councilman Williams and the Applicants discussed why the facility closest to the Public Library has not been open this past year; potential profits; the City's 15% on concessions; food and beverage service industry cost model; and Save Our Kids and Measure L. Councilman Kennedy and the Applicants discussed the possibility of adding a small snack shack dedicated for the use of kids for non-cooked snacks; use of a snack golf-cart driving the premises for non-alcoholic service; and confirmed each of the Applicants is a parent and personally invested in the safety of children. Mayor Burns and Applicants discussed the deteriorating field conditions and Applicant responsibility to report to the police any public drinking observed within the park. Mayor Pro Tem McKeon and Applicants discussed various events for adult leagues and defined the demand for alcoholic service. Councilman Twining and Applicants discussed the possibility of defining specific types of events when alcohol could be served. At 11:09 PM a motion was made by Burns, with a second by McKeon, to continue doing business after the hour of 11:00 PM. The motion passed with all in favor (7 – 0). Councilman Twining and Applicants continued discussion on the project process and meeting City requirements for all departments involved including Community Services, City Attorney, Design Review Board, Zoning Administrator, and the Police Department. Councilmember Kennedy, speaking as a parent of three, stated he has played on that sports complex for over three decades; provided statistics about alcohol-related accidents and deaths; expressed his faith in the ability of parents to monitor their drinking; noted his appointed Planning Commissioner had planned to vote "No" on the issue, but after some personal research reversed her initial position; noted that the Applicants have lawfully passed the California Department of Alcoholic Beverage Control (ABC) requirements, as well as Police Department conditions and now it is time for City Council consideration. He closed by stating his support for this item because he expects the Applicants to serve their customers while protecting the kids and confirmed that there is a right to revoke the CUPs if problems arise. 35 City Council/Public Financing Authority Regular Meeting Minutes and Special Meeting Minutes of the Housing Authority, Parking Authority, and Successor Agency September 2, 2025, Page 18 of 23 Councilman Kennedy reviewed statistics on DUI's in Huntington Beach, according to the Office of Traffic and Safety, which rates Huntington Beach at #54 out of 61 comparable communities, size wise, in 2022. Council Woman Van Der Mark stated her support for consistency, individual liberty, individual freedom and parental rights. She compared this decision to the decision to put safeguards in place for children whether at the Public Library or the Sports Complex. Mayor Pro Tem McKeon reviewed the historical path of this item noting the upgrades and processes the Applicants have implemented based on the Council's 7 – 0 vote nearly a year ago to proceed with the Request For Proposal (RFP) that clearly included serving beer and wine. He noted that Huntington Beach is a City that cherishes conservative values of freedom, choice, and expectation of personal responsibility. He added that Chuck E. Cheese and Legoland both serve alcoholic beverages, as do ice hockey facilities. He added that there are revocation rights, and the CUPs can be pulled if the Applicants do not maintain control. Councilman Williams reviewed some of the Planning Commissioner remarks to rationalize why they approved this and added he doesn't believe any parental rights will be removed. He continued with a PowerPoint communication with slides entitled: HB Youth Sports Complex History; Los Angeles Times, Huntington Beach: Park Land Sought for Sports Complex; Youth Sports Site Selected; Measure C and Voter Intent; "Measure C" "Section 612" of HB City Charter (2); Youth Sports Site Selected; "Measure C" "Section 612" of HB City Charter; MEASURE L and Voter Intent (5); Legislative Intent (2); Stay tuned for the Huntington Beach Planning Commission Meeting, April 10, 2018, 7:00 pm (video); Legislative Intent; The "Measure C" LEASE Issue; The LEASE Issue; Huntington Beach Meetings Agendas, Minutes and Multimedia (screen shot); The LEASE Issue, Conclusion, and JIM SILVA – Former HB Mayor. Mayor Pro Tem McKeon discussed with Community Development Director Jennifer Villasenor that the Planning Commission meeting video just shared was considering the Zoning Text Amendment change for all of Central Park, and at that time only two facilities qualified for a Conditional Use Permit (CUP). Director Villasenor explained that the standard is always the Zoning Code when any CUP is considered. Open Space Parks and Recreation, Section 21307 L (5) states a CUP to sell/serve beer and wine can only be permitted if full table service is, or will be, also provided. Councilman Williams referred back to slide 17, Legislative Intent, to reiterate his point that "there are two locations in Central Park that are eligible to apply for a conditional use permit as a result of ZTA No. 18- 001: Kathy May's Lake View Cafe and Park Bench Cafe. There are several other types of establishments that do not qualify to apply for a CUP, such as snack stands, walk-up counters, concession stands, or other similar operations typically found at the Sports Complex, community parks, Little League baseball fields, Friday night lights flag football, Frisbee golf, or the Library. These types of services to not meet the prerequisite of being a restaurant with full table service which precludes them from applying for a CUP." Councilman Kennedy explained his understanding that in this situation the Applicant meets the "prerequisite" of full table service and is therefore now able to apply for a CUP to sell beer and wine. Mayor Pro Tem McKeon and Councilman Williams continued the discussion re-iterating their respective interpretations, and Mayor Pro Tem McKeon noted this is the process that allows for Zoning Text Amendments. Councilman Kennedy confirmed with Director Villasenor that the Applicant will not be able to serve any alcohol until the facilities become fully table service compliant. Director Villasenor stated there are three 36 City Council/Public Financing Authority Regular Meeting Minutes and Special Meeting Minutes of the Housing Authority, Parking Authority, and Successor Agency September 2, 2025, Page 19 of 23 conditions of approval related to full table service and the CUP. Councilmember Kennedy reviewed the standard process is first applying, getting approval, and then building. Councilman Williams asked that slide 25 of the Zoning Text Amendment (ZTA) material of the area schematic be shown and noted that one of the proposed locations is very close to an existing tot lot and noted he is trying to fulfill his campaign promise to always do his best to protect children. Councilman Kennedy replied that the California Department of Alcoholic Beverage Control (ABC) obviously reviewed the documentation and approved the application. Councilman Kennedy explained his understanding that in this situation the Applicant met the "prerequisite" of full table service and is therefore now able to apply to sell beer and wine. A motion was made by McKeon, second Van Der Mark to 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. Approve Conditional Use Permit No. 25-007 with suggested findings and conditions of approval (Attachment No. 1). Approve Conditional Use Permit No. 25-014 with suggested findings and conditions of approval (Attachment No. 2). The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, and Van Der Mark NOES: Gruel, and Williams ADMINISTRATIVE ITEMS 17. 25-687 Discussed and Directed the City Clerk and the City Attorney Regarding Voter Identification and Requirements City Manager Travis Hopkins presented a brief history of voter approved Measure A and asked City Council if they approve the three proposed actions for staff regarding voter identification and requirements. A motion was made by Burns, second Twining to 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, 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, direct the City Manager to return with an estimate of the costs associated with implementing Resolution No. 2024-12. The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams NOES: None ORDINANCES FOR INTRODUCTION 18. 25-704 Approved for Introduction Ordinance No. 4339 Prohibiting the Sale, Distribution and Possession of Kratom 37 City Council/Public Financing Authority Regular Meeting Minutes and Special Meeting Minutes of the Housing Authority, Parking Authority, and Successor Agency September 2, 2025, Page 20 of 23 Police Captain Kevin Johnson presented a PowerPoint communication titled Ordinance No. 4339, with slides entitled: Prohibition of Kratom (2), Recommended Action and Questions? Captain Johnson introduced Ryan Sherman, representing the California Narcotics Association, who explained a bit of the history and effects of Kratom. These presentations were followed by Councilmember discussion, questions and clarification that this ordinance will prohibit the sale of synthetic, not natural, Kratom in Huntington Beach. A motion was made by Van Der Mark, second Burns to, after the City Clerk reads by title, 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." The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams NOES: None 19. 25-663 Approved for Introduction Ordinance No. 4338 Amending Huntington Beach Municipal Code Section 10.44.060 — Oversized Vehicle Parking Regulations This item was described by staff as a simplification of the code to provide greater clarity by providing one definition of an over-sized vehicle: any motor vehicle over 22 feet long or 84 inches wide, whether or not the trailer is disconnected. Staff clarified 22 feet long by 84 inches wide, as measured from the extreme forward widest point to the extreme rear point. Measurements shall include extensions and/or attachments. Except as provided in this section, no person shall park or leave standing upon any public highway or alleyway. Councilman Twining confirmed with staff that RV owners can still apply on-line for 3-day oversized parking permits, free of charge, for use in front of their residence. A motion was made by Burns, second Van Der Mark to approve for introduction, after City Clerk reads by title, 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 motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams NOES: None COUNCIL MEMBER ITEMS 20. 25-710 Approved Amended Item Submitted by Councilman Williams — Allocation of Revenue Increases to Public Safety Councilman Williams explained he is bringing this item back from the September 2, 2025, Council meeting to ensure the increased revenue is allocated to first responders and police. He showed a slide describing the anticipated financial impact of approximately $1M based on citations issued annually. He stated support for this item only if the funds are designated. A short video was played to document prior instances where Master Fee and Charges Schedule Adjustments were designated. Councilman Williams 38 City Council/Public Financing Authority Regular Meeting Minutes and Special Meeting Minutes of the Housing Authority, Parking Authority, and Successor Agency September 2, 2025, Page 21 of 23 reviewed the need for a Special Events dedicated Fire Captain and invited Fire Chief McCoy and Police Chief Parra to elaborate on how the funds would be utilized. Mayor Pro Tem McKeon clarified that he does not believe it is appropriate to earmark funds from one department to another and explained that in the video just played he was stating that revenue raised by the parking at the Sports Complex be used at the Sports Complex. Council Woman Van Der Mark noted that no one disagrees with the fact that both the Police and Fire Departments have severe needs, however, the time for allocating funds is during the budget process. Councilman Kennedy confirmed that when the budget was approved, it was understood that there would be a mid-year review to re-evaluate funding of another Fire Captain. He added he doesn't want to support a precedent that could continue year after year. There was further discussion regarding specific needs in both the Police and Fire Departments, including additional services that could potentially also be used by other agencies to increase revenue. Mayor Pro Tem McKeon reiterated there is a need to reduce expenditures and increase revenue for the benefit of all departments. Mayor Burns confirmed with City Manager Travis Hopkins that typically the Council considers an expenditure and asks staff to return with how it could be accomplished, rather than earmarking or directing how specific revenue will be spent. Councilmen Kennedy and Williams continued the discussion on whether it is wise to spend out of the General Fund just based on expected revenue. Mayor Pro Tem McKeon stated he believes it is setting a dangerous precedent to start earmarking specific revenues for specific departments when in reality revenue is needed for all departments. Councilman Twining confirmed with City Manager Hopkins that the budget year-end report is expected in a couple of months and at that time Council will be able to determine if there are additional funds available because of reduced expenditures. Discussion continued to determine accuracy of the increased parking revenue number, which was based on the average number of citations in previous years including the increased fines. Councilman Kennedy and Fire Chief McCoy discussed it would take a couple of weeks to fill the position of Special Events Fire Captain once the funds are released. Mayor Burns confirmed with City Manager Hopkins that priority positions and projects directed by City Council would be accomplished. Council Woman Van Der Mark noted that if there was a surplus she would not be as concerned about designating these projected funds. She feels there is a need to prioritize moving forward and designating from the General Fund is not appropriate. Councilman Gruel stated it appears everyone agrees on the priorities and suggested the earmarking of funds be put aside, and direct the City Manager to find funding for the Fire Department Special Events Captain. A motion was made by Kennedy, second Van Der Mark to direct the City Manager to allocate all revenues generated from the 2025 updates to the Huntington Beach Uniform Bail Schedule for Parking 39 City Council/Public Financing Authority Regular Meeting Minutes and Special Meeting Minutes of the Housing Authority, Parking Authority, and Successor Agency September 2, 2025, Page 22 of 23 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 as amended to the General Fund and direct the City Manager to find funding for the position of Fire Department Special Events Captain, as well as report back on costs and funding for increasing Police Department programs. The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, and Gruel NOES: None ABSTAIN: Williams NEW 25-714 Approved Amended Item Submitted by Council Woman Van Der Mark — Request for Resolution in Opposition to Special Election for Redistricting Council Woman Van Der Mark introduced this item by stating that Proposition 50 is a direct assault on the democratic process in California. California voters deliberately created an independent Districting Commission and enshrined it into the State Constitution to protect against partisan gerrymandering. She added that Governor Newsom's effort is not rooted in fairness, or by public demand or necessity, but rather retaliation and unnecessary political move against Texas. Such abuse of power undermines voter trust and turns residents into collateral damage for political gain. Allowing this precedent would mean politicians would get to select their voters rather than the voters choosing their representatives. That is not democracy but rather manipulation. We must stand together to stop this dangerous overreach and defend the integrity of our independent Commission and preserve the principle that free and fair representation belongs to the people of California, not the ambitions of those in power. A motion was made by Van Der Mark, second Burns to 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, as amended to also ask the City Attorney to take legal action against Governor Newsom. 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 — None ADJOURNMENT — at 1:06 AM, September 3, 2025, a motion was made by McKeon, with a second by Van Der Mark, to adjourn to the next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority on 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 40 City Council/Public Financing Authority Regular Meeting Minutes and Special Meeting Minutes of the Housing Authority, Parking Authority, and Successor Agency September 2, 2025, Page 23 of 23 _______________________________________ 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 41 Minutes City Council/Public Financing Authority Regular Meeting City of Huntington Beach Tuesday, September 16, 2025 4:30 PM — Council Chambers 6:00 PM — Council Chambers Civic Center, 2000 Main Street Huntington Beach, California 92648 A video recording of the 4:30 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 4:30 PM - COUNCIL CHAMBERS CALLED TO ORDER — 4:30 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) 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: Closed Session Item #3 (1 email communication). PUBLIC COMMENTS PERTAINING TO CLOSED SESSION (3-Minute Time Limit) — None A motion was made by Burns, with a second by McKeon, to recess for Closed Session. RECESSED TO CLOSED SESSION — 4:33 PM CLOSED SESSION 1. 25-746 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. 2. 25-747 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. 3. 25-748 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. 42 City Council/Public Financing Authority Regular Meeting Minutes September 16, 2025 Page 2 of 19 4. 25-754 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Tater (Michael George) v. City of Huntington Beach, et al.; USDC Case No. 8:20-cv-01772-MEMF (JDEx). 6:00 PM — COUNCIL CHAMBERS RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING — 6:00 PM ROLL CALL Present: Twining, Kennedy, McKeon, Burns, Van Der Mark, 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. 5. 25-729 Huntington Beach Fire and Police Chaplain Roger Wing PLEDGE OF ALLEGIANCE — Led by Mayor Pro Tem McKeon CLOSED SESSION REPORT BY CITY ATTORNEY — None CITY COUNCIL MEMBER COMMENTS (2-Minute Time Limit) Mayor Burns, Mayor Pro Tem McKeon, Councilmembers Twining, Kennedy, Gruel, Williams, and Council Woman Van Der Mark shared their personal perspectives regarding the Huntington Beach 9/11 Remembrance ceremonies and vigils for Charlie Kirk who was assassinated this past week. Mayor Burns, Police Chief Parra and Fire Chief McCoy acknowledged Police Officer Mike Carsten as Officer of the Year; Fire Captain Drew DiPaola as Firefighter of the Year and Marine Safety Specialist Jacob Crary as Marine Safety Officer of the Year. Mayor Burns also noted category winners for the 69th annual Surf City 10 Miler on September 14, 2025. 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 #6 (staff memorandum), Item #7 (3 email communications), Item #8 (2 email communications), Item #10 (1 email communication), Item #11 (2 email communications), Item #13 (5 email communications); Administrative Item #20 (1 email communication); Councilmember Items #22 (2 email communications), Item #23 (1 email communication), and Item #24 (5 email communications). PUBLIC COMMENTS (2-Minute Time Limit due to the number of speakers) — 40 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. 43 City Council/Public Financing Authority Regular Meeting Minutes September 16, 2025 Page 3 of 19 Brett Bush commented on his long-standing friendship and support for Councilman Twining and on the unfortunate assassination of Charlie Kirk. (00:47:04) Dom McGee commented on his friendship and support for Councilman Twining and on the unfortunate assassination of Charlie Kirk. (00:49:25) Joanne Sosa commented on her support for Councilman Twining and on the unfortunate assassination of Charlie Kirk. (00:51:32) Heidi Vea commented on her support for Councilman Twining and on the unfortunate assassination of Charlie Kirk. (00:53:13) Brian Vea commented on his support for Councilman Twining and on the unfortunate assassination of Charlie Kirk. (00:54:34) Allan Harriman commented on the many eBike rule breakers he observes during his bicycle rides in Huntington Beach and encouraged Councilmembers to support Police Department efforts for enforcing the laws. (00:56:27) Betty Flynn, Co-Founder of All Parks Matter and Friends of Edison Park, commented on Council Members Item #24 (25-751) regarding exploring the termination of the Symphony of Flowers event and stated support for Councilman Twining. (00:58:24) Peter "PT" Townend commented on his support for Councilman Twining and Council Members Items #25 (25-753) regarding recertification of US SURFING as the National Governing Body of US Olympic Surfing. (01:00:19) Unnamed Speaker commented on Council Members Items #25 (25-753) regarding recertification of US SURFING as the National Governing Body of US Olympic Surfing. (01:02:03) Amory Hanson commented on Council Members Items #25 (25-753) regarding recertification of US SURFING as the National Governing Body of US Olympic Surfing. (01:03:31) Ken Inouye commented on the questions asked at a previous Council meeting by Councilmembers Williams and Twining regarding the City's long-term contract for the Airshow. (01:04:18) Stephen Quinn commented on his support for Councilman Twining, thanked all of the Councilmembers for their dignified leadership, and commented on the unfortunate assassination of Charlie Kirk. (01:05:45) Jeanne Paris commented on her support for Councilman Twining and on the unfortunate assassination of Charlie Kirk. (01:07:11) Ann Palmer commented on her support for Councilman Twining, the unfortunate assassination of Charlie Kirk, Public Hearing Item #15 (25-678) and Item #16 (25-679) regarding Planning Commission's action on Conditional Use Permits. (01:09:07) Patricia Pappas commented on the infrastructure repairs being made throughout Huntington Beach, support for Councilman Twining and on the unfortunate assassination of Charlie Kirk. (01:11:18) 44 City Council/Public Financing Authority Regular Meeting Minutes September 16, 2025 Page 4 of 19 Unnamed Speaker encouraged Councilmembers and the Police Department to take appropriate actions against various extremists in Huntington Beach. (01:13:08) Jignesh Padhiar commented on his support for Councilman Twining and on the unfortunate assassination of Charlie Kirk. (01:16:04) Brett Barnes commented on his support for Councilman Twining and Council Members Items #25 (25- 753) regarding recertification of US SURFING as the National Governing Body of US Olympic Surfing. (01:17:28) Tim Geddes commented on Councilman Twining, the Airshow contract, and efforts to run our own City elections. (01:19:18) Unnamed Speaker commented on various extremist activities in Huntington Beach and encouraged residents to vote. (01:20:45) Unnamed Speaker commented on recent unacceptable reactions to political fear. (01:21:50) Unnamed Speaker commented on his support for Councilman Twining, on the unfortunate assassination of Charlie Kirk, Consent Calendar Item #7 (25-727) to adopt Resolution No. 2025-59 opposing State Proposition 50, and Council Members Item #24 (25-751) regarding exploring the termination of the Symphony of Flowers event. (01:23:56) Brett Simpson commented on his support for Councilman Twining and Council Members Items #25 (25- 753) regarding recertification of US SURFING as the National Governing Body of US Olympic Surfing. (01:26:08) Taryn Palumbo announced her intent to run for Huntington Beach City Council in 2026. (01:27:25) Chris Rini commented on the need for everyone to do the right thing and find common ground. (01:28:46) Kay Lu commented on the Huntington Beach Infrastructure Report Card and approvals for oversized builds in the Harbour. (01:29:54) Clyde Yeroonian commented on Public Hearing Item #15 (25-678) and Item #16 (25-679) regarding appeals of Planning Commission's actions on Conditional Use Permits. (01:31:50) Brad Bailey commented on the Huntington Beach Infrastructure Report Card and Public Hearing Item #15 (25-678) regarding an appeal of Planning Commission's actions on a Conditional Use Permit. (01:33:56) Unnamed Speaker commented on her support for Councilman Twining and on the unfortunate assassination of Charlie Kirk. (01:35:21) Russ Neal commented on continuing to stand for the rights of Huntington Beach citizens and on the unfortunate assassination of Charlie Kirk. (01:38:45) Unnamed Speaker commented on the unfortunate assassination of Charlie Kirk and stated support for Councilman Twining. (01:40:20) 45 City Council/Public Financing Authority Regular Meeting Minutes September 16, 2025 Page 5 of 19 Unnamed Speaker commented on her support for Councilman Twining and on the unfortunate assassination of Charlie Kirk. (01:42:05) Unnamed Speaker commented actions by current City Councilmembers. (01:44:14) Unnamed Speaker commented on actions by current City Councilmembers and on Council Member Item #24 (25-751) to explore termination of Symphony of Flowers event. (01:46:27) Carolyn Osborne commented on people of goodwill uniting to protect values that are being eroded. (01:48:17) Kristen Nicole Valle, Orange County Young Republicans President, commented on the prayer vigil organized in response to the unfortunate assassination of Charlie Kirk and denounced the racial hatred and division that appeared at the vigil. (01:50:25) Shelby Bay described her efforts to support a prayerful vigil after the unfortunate assassination of Charlie Kirk and how the event was hijacked. (01:52:31) Perry Clitheroe commented about support for Councilman Twining and Council Member Items #22 (25- 711) regarding an eBike ordinance. (01:54:52) Unnamed Speaker commented on the fact that dangerous political rhetoric has no place in Huntington Beach and encouraged Councilmembers to live by the words they expressed earlier in this meeting. (01:56:54) Skywalker commented on the dangerous political rhetoric used by elected officials trying to defame Huntington Beach Councilmember Twining and on the unfortunate assassination of Charlie Kirk. (01:59:07) COUNCIL COMMITTEE APPOINTMENT ANNOUNCEMENTS — None AB 1234 REPORTING — None OPENNESS IN NEGOTIATION DISCLOSURES — None CITY MANAGER’S REPORT — None CONSENT CALENDAR (Items 6 - 14) Mayor Burns pulled Consent Calendar Items #7, #8 and #13 for further discussion. City Clerk 6. 25-750 Adopted amended Resolution No. 2025-60 establishing the delegation of authority for the execution of contracts from department heads to department positions A motion was made by Burns, second Van Der Mark to Adopt Resolution No. 2025-60, "A Resolution of the City Council of the City of Huntington Beach Establishing the Delegation of Authority for the 46 City Council/Public Financing Authority Regular Meeting Minutes September 16, 2025 Page 6 of 19 Execution of Contracts from Department Heads to Department Positions," as amended by supplemental communication. The motion carried by the following roll call vote: AYES: Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams NOES: None OUT OF ROOM: Twining City Manager 7. 25-727 Adopted Resolution No. 2025-59 Opposing Proposition 50 Mayor Burns pulled this item and each Councilmember stated their opposition to Proposition 50. A motion was made by Burns, second McKeon to Adopt Resolution No. 2025-59, "A Resolution of the City Council of the City of Huntington Beach Opposing Proposition 50." The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams NOES: None 8. 25-467 Approved Agreement with Mercy House to Operate the City’s Homeless Navigation Center Councilman Gruel, City Manager Travis Hopkins, and Homeless Services Manager Jessica Kelly discussed statistical information related to the number of individuals served, the process for determining whether homeless individuals are directed to the Huntington Beach Navigation Center or another facility, and options negotiated through the Service Agreement to keep costs under control. Larry Haynes, Mercy House CEO, expanded on questions related to Administrative Indirect Costs. Mayor Pro Tem McKeon noted that the homeless issue has improved since the Navigation Center was opened; stated that when Request for Proposals (RFPs) are sent out for managing the Navigation Center, the other service providers choose to not even compete with Mercy House; and provided a basic review of the plan for eventual build-out of the area so the property can be transitioned for other uses if the need for homeless services decreases in the future. Councilman Kennedy stated the Navigation Center has reduced the number of homeless individuals on the streets of Huntington Beach. Council Woman Van Der Mark expressed appreciation for the Homeless Task Force. A motion was made by Gruel, second Burns to approve and authorize the City Manager to execute a "Service Agreement between the City of Huntington Beach and Mercy House Living Centers for Operations and Management of a Temporary Shelter," in a not-to-exceed amount of $2,528,715.13 for the period of October 1, 2025 through June 30, 2026, with the option to extend for up to two additional one-year terms, subject to future City Council budget approval, to operate the City's Homeless Navigation Center. 47 City Council/Public Financing Authority Regular Meeting Minutes September 16, 2025 Page 7 of 19 The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams NOES: None City Treasurer 9. 25-712 Adopted Resolution No. 2025-58 designating the City Treasurer, Deputy City Treasurer, the Treasury Manager, and Assistant Chief Financial Officer as persons authorized to execute Financial Transactions in the name of the City of Huntington Beach A motion was made by Burns, second Van Der Mark to adopt Resolution No. 2025-58, "A Resolution of the City Council of the City of Huntington Beach Authorizing the Manual and/or Facsimile Signatures of the City Treasurer, Deputy City Treasurer, the Treasury Manager, and Assistant Chief Financial Officer as Persons Authorized to Execute Financial Transactions in the Name of the City of Huntington Beach." The motion carried by the following roll call vote: AYES: Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams NOES: None OUT OF ROOM: Twining Community and Library Services 10. 25-719 Approved and authorized execution of a Memorandum of Understanding between the City of Huntington Beach and Tee It Up for the Troops for the provision of maintenance services at Patriot Point A motion was made by Burns, second Van Der Mark to authorize the Mayor and City Clerk to execute and approve "Memorandum of Understanding between the City of Huntington Beach and Tee It Up for the Troops for the Provision Maintenance Services at Patriot Point." The motion carried by the following roll call vote: AYES: Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams NOES: None OUT OF ROOM: Twining Community Development 11. 25-691 Approved Huntington Beach Tourism Business Improvement District (HBTBID) Annual Report for Fiscal Year (FY) 2025-26 A motion was made by Burns, second Van Der Mark to approve the HBTBID Annual Report for Fiscal Year 2025-26. The motion carried by the following roll call vote: 48 City Council/Public Financing Authority Regular Meeting Minutes September 16, 2025 Page 8 of 19 AYES: Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams NOES: None OUT OF ROOM: Twining 12. 25-720 Adopted Annual Community Development Block Grant and HOME Investment Partnerships Grant End-of-Year Progress Report to the U.S. Department of Housing and Urban Development A motion was made by Burns, second Van Der Mark to adopt the FY 2024-25 CAPER for CDBG and HOME funds; and authorize the City Manager to transmit the report to HUD by September 30, 2025. The motion carried by the following roll call vote: AYES: Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams NOES: None OUT OF ROOM: Twining Police 13. 25-725 Adopted Ordinance No. 4339 Prohibiting the Sale, Distribution and Possession of Kratom — Approved for Introduction September 2, 2025, by a vote of 7-0 Council Woman Van Der Mark clarified that this item is intended to prohibit the sale, distribution and possession of synthetic kratom and protect children from the synthetic and natural products. There is no intent to interfere with individuals who use the natural product for medical purposes. A motion was made by Van Der Mark, second Burns to adopt 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." The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams NOES: None 14. 25-726 Adopted Ordinance No. 4338 Amending Huntington Beach Municipal Code Section 10.44.060 - Oversized Vehicle Parking Regulations — Approved for Introduction September 2, 2025, by a vote of 7-0 A motion was made by Burns, second Van Der Mark to adopt 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 motion carried by the following roll call vote: AYES: Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams NOES: None OUT OF ROOM: Twining PUBLIC HEARING 49 ---- City Council/Public Financing Authority Regular Meeting Minutes September 16, 2025 Page 9 of 19 15. 25-678 Approved Planning Commission’s Action on Conditional Use Permit No. 24-007 and Coastal Development Permit No. 24-005 (Voong Residence) Mayor Burns asked if any Councilmember had ex parte communication to disclose. There was nothing to report. SUPPLEMENTAL COMMUNICATIONS PERTAINING TO ITEM #15 — None Community Development Director Jennifer Villasenor introduced Wayne Carvalho, Contract Planner, who presented a PowerPoint communication titled APPEAL OF CONDITIONAL USE PERMIT NO. 24-007 & COASTAL DEVELOPMENT PERMIT NO. 24-005 with slides entitled: REQUEST, PROJECT SITE, PLANNING COMMISSION ACTION, APPEAL, ANALYSIS (2), picture slide (2), ANALYSIS (3), SUMMARY, and Questions? Mayor Burns and Planner Carvalho discussed that Council must provide a reason if they decide this project is incompatible with the neighborhood or is inconsistent with zoning code. There was further discussion on the square footage of the proposed home compared to existing neighborhood homes; any design that fits within the zoning standards for a residential district; floor area ratio lot coverage; and five– foot (to the property line) side yard setback requirement. Councilman Gruel stated he believes some of what is being proposed is out of synch with the character of the neighborhood. Director Villasenor clarified there are two permits under consideration: 1) Coastal Development, and 2) Conditional Use as compared to a by-right zoning check-off permit. Mayor Burns opened the Public Hearing. SUPPLEMENTAL COMMUNICATIONS — None PUBLIC SPEAKERS (3 Minutes each) — 13 Speakers Perry Clitheroe stated his opinion that this item is an attempt to overthrow a lawful approval and encouraged Council to not grant this appeal. He added that besides denying a family their dream home, Council would also deny architects, construction companies and a variety of contractors their work and wages, and the City tens of thousands of dollars in property taxes. He stated his beliefs that these decisions are about property rights and free markets. (02:49:45) Brian Thienes, Planning Commissioner, commented on the split 3 – 3 Planning Commission vote on this proposed project, and described the roof pitch which limits height. He referred to Code §210.06 M(d) to support his statement that this design is not to code and noted this is Council's opportunity to assert their discretionary approval to ask that the home be shrunk down a bit to better fit the neighborhood. (02:51:50) Daniel Levin, a Huntington Harbour homeowner who took down the vintage house and put up a new-built home, shared his personal experience with sea wall issues shortly after the new home was completed. He added that each lot's sea wall is joined to the neighbor ’s sea wall, and they are only as good as the weakest link. He stated that if his home, which is considerably smaller than the home proposed in this discussion, could create sea wall failure, he sees potential for catastrophic sea wall failure also affecting adjacent neighbors. In addition, he referred to the 2024 Huntington Beach Infrastructure Report which 50 City Council/Public Financing Authority Regular Meeting Minutes September 16, 2025 Page 10 of 19 gives the Harbour a D rating, listing the City-owned sea walls on the main channel; however, he noted the sea walls on the side channels are the homeowner's responsibility to maintain. (02:54:50) Michael Ngo, Huntington Harbour resident, stated his large home was built about eight years ago and he has not had any sea wall issues. He added that about a year ago a City-approved home of approximately 6–7,000 sq. ft. was built across the channel from his home, with an older approximately 1,700 sq. ft. single-story home on the adjacent lot. He added he hopes the City will be consistent with that approval. (02:58:07) Tom stated his support for approving the proposed home as he believes it is compatible with other existing neighborhood homes and will continue the trend of increasing Harbour property values. (02:59:53) Angie Wong, a Huntington Beach resident, stated her support for approving this project. She believes new homes will improve their neighborhoods and this homeowner has designed a tasteful, fully complaint home that will have a positive impact. (03:01:00) Richard Lewis, Huntington Harbour resident who lives directly across the street from the proposed project, stated his opinion that this project does not align with several Conditional Use Permit (CUP) requirements. He believes this project is not compatible with the neighborhood characteristics of surrounding homes. He added that Huntington Harbour is part of a sensitive coastal zone and he believes any CUP issued here must comply with the California Coastal Act. A CUP should not be used to bypass the long-standing commitment to coastal stewardship. He added that in his opinion this project does not provide any public benefit but is rather a private project for private gain. He urged Councilmembers to uphold the integrity of the CUP process and also not approve the Coastal Development Permit. (03:01:58) Unnamed Speaker, a Gilbert Island resident, stated that the average size home on the small channel is about 2,700 sq. ft., yet this project is about 7,700 sq. ft. He believes this is a dramatic anomaly that would dominate the channel, block light and privacy for neighbors, sets a dangerous precedent and produces an over-sized structure that the aging sea walls were never designed to support. He respectfully asked that Council uphold the appeal and noted that a 7,700 sq. ft. home can constitute an unusual circumstance and therefore not be exempt from California Environmental Quality Act (CEQA) requirements. He believes this project also requires an Environmental Impact Report (EIR) and added that CEQA doesn't care about the floor area ratio lot coverage. (03:04:15) Unnamed Speaker commented on the sea walls protecting the small channel and noted they were built in the 1960s when all of the homes were 1,499 sq. ft. tract homes. She stated the structure under consideration is more than triple the size of the original homes and added that the typical sea wall in the area has a lifespan of 50 to 60 years before major rehabilitation or replacement is required. She stated that if the Harbour area bridges require upgrades, it is clear the sea walls do as well. Under CEQA, she believes the aging infrastructure and oversized development clearly constitutes an unusual circumstance, and this project cannot be exempt from a full environmental review. She read from CEQA Guidelines, Section 15300.2(c) regarding categorical exemptions, and stated that before any approval is considered, the City must require a full independent sea wall engineering review and environmental analysis. (03:07:23) Sam, next door neighbor to this project, with a single story 3,000 sq. ft. home, stated that all five bordering homeowners oppose this project. He explained the key points that were considered for reaching this position: sea wall stability; shading of his solar system; and small channel area. (03:10:32) 51 City Council/Public Financing Authority Regular Meeting Minutes September 16, 2025 Page 11 of 19 Brad Bailey, an adjacent property owner, shared his concerns which include Coastal Act requirements for protection of light, air and scenic views. He added that ignoring failing sea walls when approving projects is very dangerous. The issue is not about stopping development but rather keeping the island safe. He asked that Councilmembers stop the project and demand a project that both respects the limits of the sea wall and the character of the neighborhood. He noted that City records show a one-story home at 16642 Somerset Lane, so it appears to him that the current home, used as a comparative for this project, is not an approved build. He asked why owner Kevin appears to be building two houses using the exact same architectural plan. He noted that the Coral Cay plans have already been approved by the Huntington Beach Planning Commission and added the Board of the Coral Cay Association is shutting down the build and requesting the plans be drastically reduced. (03:13:45) Duc-Huy Huynh, Project Architect, shared his professional opinions and described his process which starts with a thorough understanding of building code as well as respect for existing homes in the neighborhood. He focuses on protecting public safety, health and welfare in designing his projects. He described the back–and–forth dialogue with the City during this process to ensure the final project meets both client desires and regulation standards. He encouraged Councilmembers to ensure their decision is guided by local code, transparency and the rule of law rather than personal interests or anything that could be considered discriminatory. (03:17:34) Catherine Voong, speaking for the project owner, stated that in February 2025 the Planning Commission approved this project as following all City code and regulations. This included setbacks, zoning, building height, lot coverage and privacy standards. She stated this is the family's multi-generational dream home and they are not flipping it. She reviewed the lot and home sizes for several of the neighborhood comparable properties and asked for Council's blessing so they can proceed with building the family's forever home. (03:20:53) There being no more speakers, Mayor Burns closed the Public Hearing. Mayor Pro Tem McKeon and staff discussed the maximum dimensions that would be allowed for this parcel by code, or for an over-the-counter permit, and changes the CUP covers. There was also discussion on the Coastal Development Permit which confirms the project does not impede coastal access nor degrade coastal resources. It was also noted that single family homes are exempt from CEQA regulations, and an unusual circumstance and a significant environmental effect related to the circumstance would have to exist before any CEQA regulations would apply Councilman Gruel confirmed with Director Villasenor that the Huntington Beach Infrastructure Report Card does not evaluate private sea walls but rather City-owned bulk heads like parks and some areas of Admiralty Island. Several issues that can cause sea wall deterioration were discussed, as well as the fact that not all third-story approved homes necessarily have habitable space on the third story. Councilman Kennedy and staff discussed how consistency and compatibility are referenced in the general land use plan; confirmed that third floor plans are in compliance with code as it is within the confines of the roof volume, and decks (which are only allowed on the front or back sides) are set back by five feet from the second floor building facade; consideration of settling weight for the third floor in the planning process; and consideration of issues such as framing, how close the structure is to the sea wall, and whether any soil is removed are considered during the plan check and required engineering report. Councilman Twining, speaking from his geo-technical background, added that the geo-engineering report required to determine the foundation will flush out a lot of the issues being discussed. 52 City Council/Public Financing Authority Regular Meeting Minutes September 16, 2025 Page 12 of 19 Councilman Williams summarized the two major concerns regarding this build are whether the structure is compatible with the surrounding neighborhood and sea wall stability. From his perspective it appears as if all code requirements have been met. He confirmed with staff that if there is an issue with the sea wall it will be addressed as part of the building process. There was further discussion on the required setback for the third floor. City Attorney Mike Vigliotta reminded everyone code states that ultimately the director and City staff interpretations determine any ambiguity. Mayor Pro Tem McKeon reiterated that this house has been designed to code according to lot size. Councilman Gruel confirmed with staff that most of the comparable homes, marked as red dots on the map, have living space on the third floor. Mayor Burns stated his issue still is with the 7,700 sq. ft. size which he believes exceeds any other home along that channel. Councilman Williams stated that if the concern is that homes are getting too big, then there should be consideration to changing the rule book or General Plan. A motion was made by Burns, but failed due to lack of a second, to find Conditional Use Permit No. 24-007 and Coastal Development Permit No. 24-005 exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303, Class 3. Deny Conditional Use Permit No. 24-007 and Coastal Development Permit No. 24-005 with suggested findings and conditions of denial. A motion was made by Williams, second McKeon to find Conditional Use Permit No. 24-007 and Coastal Development Permit No. 24-005 exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303, Class 3. Approve Conditional Use Permit No. 24-007 and Coastal Development Permit No. 24-005 with suggested findings and conditions of approval (Attachment No. 1), as amended to be subject to findings and conditions. The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Van Der Mark, Gruel, and Williams NOES: Burns 16. 25-679 Approved Planning Commission’s Action on Conditional Use Permit No. 24-032 and Coastal Development Permit No. 24-036 (Vu Residence) Mayor Burns asked for any Councilmember ex parte communication disclosures. Mayor Burns stated he had an email exchange with the owner, Mr. Vu. SUPPLEMENTAL COMMUNICATIONS — None Community Development Director Jennifer Villasenor introduced Wayne Carvalho, Contract Planner, who presented a PowerPoint communication titled APPEAL OF CONDITIONAL USE PERMIT NO. 24-032 & COASTAL DEVELOPMENT PERMIT NO. 24-036 with slides entitled: REQUEST, PROJECT SITE, PLANNING COMMISSION ACTION, APPEAL, ANALYSIS, picture slide, ANALYSIS, pictures slide, ANALYSIS (3), SUMMARY, and Questions? 53 City Council/Public Financing Authority Regular Meeting Minutes September 16, 2025 Page 13 of 19 Mayor Burns called for Councilmember questions on the staff report. There were none. Mayor Burns opened the Public Hearing. PUBLIC SPEAKERS (3–minute time limit) — 3 Speakers Unnamed Speaker, born and raised in Huntington Beach and a realtor, stated her support for Developer Kyle Tran. She added that this project complies with every requirement yet has been denied by Huntington Beach. She referenced the square footage of adjacent properties and stated that the proposed project will not overpower or appear out of place. She added that Mr. Tran is bringing value to Huntington Harbour and Huntington Beach. She asked why a project that complies with every necessary code has been denied. (04:15:49) Brian Thienes stated that this building is 35 feet tall but is less intrusive to the neighbors because of the roof pitch. He suggested a code change could allow the 35–foot height with a 5/12 roof pitch which wouldn't cast such a big shadow on the neighbors. He stated he believes this project is more in line with code, but it appears to him the limits are being pushed. (04:18:43) George Jacobs, a four-year resident, stated his support for this project. He doesn't understand why it was appealed because he believes it fits well within the neighborhood (04:20:26) There being no more public speakers, Mayor Burns closed the Public Hearing. Mayor Burns stated his opinion that just because a project meets code doesn't make it cool. Mayor Pro Tem McKeon confirmed with Community Development Director Jennifer Villasenor that this project meets all code setback requirements but does not meet building height requirements. The Conditional Use Permit is for the third story inhabitable space and height extending above 30 feet as allowed by code. Councilman Gruel and staff discussed the number of comparable homes in the area that exceed the 30- foot height allowed by code. Director Villasenor noted that one home adjacent to this property is three stories and 35 feet high and the other adjacent property was approved for three stories and 35 feet height, but it was actually built to 33 feet. Councilmember Williams continued the discussion with staff on the number of comparable homes that exceed the 30-foot height allowed by code and confirmed that no home can build beyond a height of 30 feet without a Conditional Use Permit. Mayor Pro Tem McKeon confirmed with Director Villasenor that Council could approve the project with an amendment modification stipulating the height must not exceed 30 feet. A motion was made by McKeon, second Van Der Mark to find Conditional Use Permit No. 24-032 and Coastal Development Permit No. 24-036 exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303, Class 3. Approve Conditional Use Permit No. 24-032 and Coastal Development Permit No. 24-036 with suggested findings and conditions of approval (Attachment No. 1), as amended to modify the roof height from 35 feet to 30 feet, and modify findings that reflect the new building height. 54 City Council/Public Financing Authority Regular Meeting Minutes September 16, 2025 Page 14 of 19 The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, and Williams NOES: Gruel 17. 25-708 Approved Zoning Text Amendment No. 25-003 (Reapplication Process for Group Homes) by approving for introduction Ordinance Nos. 4340 and 4341 SUPPLEMENTAL COMMUNICATION — None Community Development Director Jennifer Villasenor introduced Jason Kelley, Senior Planner, who presented a PowerPoint communication titled ZONING TEXT AMENDMENT NO. 25-003 – GROUP HOMES, with slides entitled: REQUEST, PURPOSE & BACKGROUND, GROUP HOME AMENDMENT, RECOMMENDATION, and QUESTIONS? (04:30:23) Councilman Twining confirmed this Zoning Text Amendment was written to be applied city wide. Mayor Burns opened the Public Hearing. PUBLIC SPEAKERS (3-Minute time limit) — 1 Perry Clitheroe stated that sober living homes have been around Southern California for decades on end and he believes because middle class housing is now illegal, this item will only make upper-middle class housing illegal. He encouraged Council to re-think how the City is governing in these types of issues. (04:34:20) There being no more public speakers, Mayor Burns closed the Public Hearing. Mayor Pro Tem McKeon stated that illegal sober living homes are proliferating, and this item is long overdue. Councilman Kennedy noted the City is not taking a stance against licensed facilities but rather has created a matrix that describes exactly the license needed, the distance required between group living homes, and also empowers residents with information that can be found on the City's website. He stated he is proud to support this item. Councilman Gruel stated he sees this as a protection for the residents of sober living homes. He believes this item will remove the bad actors who are not necessarily focused on what is best for the people they serve. Mayor Burns stated his support for this item. Council Woman Van Der Mark stated that unfortunately many homeowners feel helpless when trying to deal with illegal operations in their neighborhood and she sees this as an empowering tool. She added this item has her support. Councilman Twining asked Huntington Beach residents to remain vigil about what is happening in their neighborhoods and to not hesitate to reach out to City staff if something seems suspicious. Code Enforcement will be sent out to investigate. 55 City Council/Public Financing Authority Regular Meeting Minutes September 16, 2025 Page 15 of 19 A motion was made by Kennedy, second Burns to, after City Clerk reads by title, approve Zoning Text Amendment No. 25-003 and amendment to Municipal Code Chapter 5.110 exempt from the California Environmental Quality Act (CEQA) pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act because the request is a minor amendment to the municipal code and zoning ordinance that does not change the development standards intensity or density; and, approve Zoning Text Amendment No. 25-003 with findings (Attachment No. 1) and approve for introduction Ordinance No. 4341, "An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 230.28 Group Homes of the Huntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No. 25-003)"; (Attachment No. 2); and, approve amendment to Municipal Code Chapter 5.110 and approve for introduction Ordinance No. 4340, "An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 5.110 Group Homes of the Huntington Beach Municipal Code Titled Group Homes" (Attachment No. 3). The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams NOES: None ADMINISTRATIVE ITEMS 18. 25-728 Approved the Proposed Memorandum of Understanding with Surf City Lifeguards Employees’ Association City Manager Travis Hopkins introduced Marissa Sur, Director of Human Resources, who presented a PowerPoint communication titled Introduction of Proposed Memorandum of Understanding with Surf City Lifeguard Employees’ Association (SCLEA), with slides entitled: Meyers-Milias Brown Act (MMBA), Proposed Memorandum of Understanding, Proposed Memorandum of Understanding (continued), Fiscal Impact, Recommended Action, and Questions? A motion was made by Burns, second Twining to receive and consider the proposed Memorandum of Understanding between the City of Huntington Beach and the Surf City Lifeguard Employees' Association (SCLEA) for the period of July 1, 2025, to June 30, 2028, pursuant to City of Huntington Beach Ordinance No. 4154. The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams NOES: None 19. 25-743 Approved the Proposed Memorandum of Understanding with Marine Safety Management Association Marissa Sur, Director of Human Resources, presented a PowerPoint communication titled Introduction of Proposed Memorandum of Understanding with Marine Safety Management Association (MSMA) with slides entitled: Meyers-Milias Brown Act (MMBA), Proposed Memorandum of Understanding, Proposed Memorandum of Understanding (continued), Fiscal Impact, Recommended Action, and Questions? A motion was made by Burns, second Van Der Mark to receive and consider the proposed Memorandum of Understanding between the City of Huntington Beach and the Marine Safety Management Association 56 City Council/Public Financing Authority Regular Meeting Minutes September 16, 2025 Page 16 of 19 (MSMA) for the period of January 1, 2025, to December 31, 2027, pursuant to City of Huntington Beach Ordinance No. 4154. The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams NOES: None 20. 25-739 Approved Pursuing the expansion of the Huntington Beach Police Department’s Computer Forensic Laboratory and explore the feasibility of developing a Huntington Beach Police Department DNA laboratory Captain Kevin Johnson presented a PowerPoint communication titled HBPD Crime Laboratory Development and Expansion with slides entitled: Crime Laboratory Expansion (3), and Questions? Councilmembers and Captain Johnson discussed costs for the current system; determining number of cities which could contract with Huntington Beach while ensuring timely service for everyone; eventually expect to break even with the DNA Lab and earn some revenue with the High Tech Lab; time is of essence in solving crimes, getting violent criminals off the street and preventing additional victims; and finding funding through grants with the knowledge that the Department of Justice has available funding. A motion was made by Twining, second Burns to direct staff to research grants and other funding opportunities through the state and federal government and return in the first quarter of 2026 to report on possible funding sources. The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams NOES: None At 11:00 PM City Council reached consensus to continue doing business after the hour of 11:00 PM. ORDINANCES FOR INTRODUCTION 21. 25-271 Approved for Introduction Ordinance No. 4335 of the City of Huntington Beach Deleting Chapter 2.106 of the Huntington Beach Municipal Code and Dissolving the Huntington Beach Independence Day Board Ashley Wysocki, Director of Community & Library Services, presented a PowerPoint communication titled Approve for Introduction Ordinance No. 4335 Deleting Chapter 2.106 of the Huntington Beach Municipal Code and Dissolving the Huntington Beach Independence Day Board with slides entitled: History, Event Contractor, IDB Revised Roles, Task Force (2), Recommended Action, and Questions? Mayor Pro Tem McKeon, speaking as a Council Liaison member of the Huntington Beach Independence Day Board, stated it was often difficult to reach a quorum, and it became obvious this was not the proper method moving forward. He added that residents will always have a seat at the table for this effort. Council Woman Van Der Mark, speaking as a Council Liaison member of the Huntington Beach Independence Day Board, confirmed that last year was a challenge in regard to establishing a quorum 57 City Council/Public Financing Authority Regular Meeting Minutes September 16, 2025 Page 17 of 19 for meetings. She noted that this action will make it possible for meetings but without having the requirement of a quorum. She added this action is expected to increase resident participation. Councilman Gruel stated any method that will get more residents involved has his support. A motion was made by Burns, second Van Der Mark to, after City Clerk reads by title, approve for introduction Ordinance No. 4335, "An Ordinance of the City of Huntington Beach deleting Chapter 2.106 of the Huntington Beach Municipal Code and Dissolving the Huntington Beach Independence Day Board." The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams NOES: None COUNCIL MEMBER ITEMS 22. 25-711 Approved Amended Item Submitted by Council Woman Van Der Mark and Mayor Pro Tem McKeon — eBike Ordinance Council Woman Van Der Mark introduced this item describing the increase in eBike use resulting in newly created public safety challenges throughout the City. She noted current Municipal Code restrictions pre-date widespread eBike use and updating the ordinance will strengthen the rules, while also establishing enforceable standards for speed, right-of-way and pedestrian safety issues. She stated this is a work in progress and when finalized the item would be brought back for approval. Councilman Williams stated that on the surface this effort seems like a good idea and shared his concern this plan may actually create a bigger problem by pushing eBikes driven by mostly untrained drivers into the streets. Council Woman Van Der Mark responded that his concerns are being addressed in a way that is considerate of everyone. She noted there is no easy solution and added an increase in bike lanes would also help. Mayor Pro Tem McKeon and Police Chief Parra agreed to amending the motion to research best practices pertaining to riding eBikes on sidewalks. A motion was made by Van Der Mark, second Williams to direct the City Manager and City Attorney to prepare an ordinance amending Huntington Beach Municipal Code § 10.84.160 (Riding on Sidewalks), as amended to research best practices pertaining to riding eBikes on sidewalks. The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams NOES: None 23. 25-745 Approved Amended Item Submitted by Mayor Pro Tem McKeon, Councilman Gruel and Councilman Kennedy — Business Development Team and Service Improvements Ad Hoc Committee 58 City Council/Public Financing Authority Regular Meeting Minutes September 16, 2025 Page 18 of 19 Mayor Pro Tem McKeon introduced this item as a way to support a thriving local economy and build off of the successful Streamline HB permitting program to continue enhancing City services. He continued by describing potential considerations that could result with a proactive approach. Councilman Kennedy noted the importance of listening to what residents and local businesses want and then formulating beneficial ideas for positive outcomes. He referenced Consent Calendar Item #10 on this meeting’s agenda, regarding the public/private memorandum of understanding for the provision of maintenance services at Patriot Point, as an example of a positive public/private outcome. Councilman Gruel stated his interest in looking at the different ways that government can act more as consultants and less as gatekeepers. He envisions more dialogue and creation of connections to pick up the pace for decision-making in supporting a very diverse business community. He sees this as an effort to create templates which can be used now and in the future. A motion was made by McKeon, second Kennedy to create the Business Development Team and Service Improvements Ad Hoc City Council Committee comprised of three City Council Members and direct the City Manager to select department representatives, as amended to select initial Committee members of Mayor Pro Tem McKeon with Councilmembers Gruel and Kennedy, and evaluation every 12 months to consider Committee membership. The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams NOES: None 24. 25-751 Approved Item Submitted by Councilman Gruel — Explore Termination of Symphony of Flowers Event Councilman Gruel noted that the Symphony of Flowers effort hasn't connected with the people of Huntington Beach as originally intended, and has required a lot of staff time, public resources and money. He added that it is time to focus on programs that serve the community better, may be more cost effective and sustainable, and that better amplify the true character of Huntington Beach. Councilman Williams stated he had spoken with the Symphony of Flowers applicant who understands that if the event is approved in the future, it will have to include coordination with Protect HB and City of Huntington Beach. A motion was made by Gruel, second Kennedy to direct staff to explore steps to terminate the Symphony of Flowers event. The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams NOES: None 25. 25-753 Approved Item Submitted by Councilman Kennedy, Mayor Burns, and Councilman Twining — Support for the Recertification of US SURFING as the National Governing Body of US Olympic Surfing 59 City Council/Public Financing Authority Regular Meeting Minutes September 16, 2025 Page 19 of 19 Councilman Kennedy introduced this item by stating that USA Surfing belongs in Huntington Beach and nowhere else. The current leadership team is comprised of world-class surfing champions, and they are the right people to continue leading USA Surfing. He stated his shock at learning that US Skiing and Snowboarding is trying to take something that belongs right here. Councilman Twining stated his support for this item for all the reasons that public speakers PT Townsend and the Brett’s stated earlier. Councilman Gruel expressed his gratitude for public supporters and surfers who he considers the stewards of the ocean. Council Woman Van Der Mark thanked all who advocate for keeping USA Surfing in Huntington Beach. Councilman Williams stated his support for surfers and this item, as did Mayor Burns and Mayor Pro Tem McKeon. A motion was made by McKeon, second Burns to authorize the Mayor to issue a letter of support to the US Olympic and Paralympic Committee for recertification of US Surfing as the National Governing Body for the sport of surfing in the United States. 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 — None ADJOURNMENT — At 11:33 PM a motion was made by Burns, with a second by McKeon, to adjourn to the next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority on Tuesday, October 7, 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 60 Minutes City Council/Public Financing Authority Special Meeting City of Huntington Beach Tuesday, September 23, 2025 4:00 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 4:00 PM — COUNCIL CHAMBERS CALL TO ORDER SPECIAL MEETING — 4:00 PM ROLL CALL Present: Twining, Kennedy, McKeon, Burns, Gruel, and Williams Absent: Van Der Mark PLEDGE OF ALLEGIANCE — Led by Assistant City Manager Marissa Sur 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: Councilmember Item #1 (11 email communications). PUBLIC COMMENTS (1-Minute Time Limit set by Mayor Burns) — 14 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. Unnamed Speaker, representing the Hospitality Community, commented on Council Member Item #1 (25-780) regarding discussion on the possibility of an Artistic Expression of Freedom and Free Speech Mural Memorializing Charlie Kirk. (00:05:49) Unnamed Speaker commented on Council Member Item #1 (25-780) regarding discussion on the possibility of an Artistic Expression of Freedom and Free Speech Mural Memorializing Charlie Kirk. (00:06:56) Amory Hanson commented on Council Member Item #1 (25-780) regarding discussion on the possibility of an Artistic Expression of Freedom and Free Speech Mural Memorializing Charlie Kirk. (00:07:32) Unnamed Speaker commented on Council Member Item #1 (25-780) regarding discussion on the possibility of an Artistic Expression of Freedom and Free Speech Mural Memorializing Charlie Kirk. (00:08:10) 61 City Council/Public Finance Authority Special Meeting Minutes September 23, 2025 Page 2 of 3 Unnamed Speaker commented on Council Member Item #1 (25-780) regarding discussion on the possibility of an Artistic Expression of Freedom and Free Speech Mural Memorializing Charlie Kirk. (00:08:51) Kathey Haas commented on Council Member Item #1 (25-780) regarding discussion on the possibility of an Artistic Expression of Freedom and Free Speech Mural Memorializing Charlie Kirk. (00:09:55) Unnamed Speaker commented on Council Member Item #1 (25-780) regarding discussion on the possibility of an Artistic Expression of Freedom and Free Speech Mural Memorializing Charlie Kirk. (00:10:59) Unnamed Speaker commented on Council Member Item #1 (25-780) regarding discussion on the possibility of an Artistic Expression of Freedom and Free Speech Mural Memorializing Charlie Kirk. (00:11:58) Unnamed Speaker commented on Council Member Item #1 (25-780) regarding discussion on the possibility of an Artistic Expression of Freedom and Free Speech Mural Memorializing Charlie Kirk. (00:12:54) Unnamed Speaker commented on Council Member Item #1 (25-780) regarding discussion on the possibility of an Artistic Expression of Freedom and Free Speech Mural Memorializing Charlie Kirk. (00:14:03) Wendy Rincon commented on Council Member Item #1 (25-780) regarding discussion on the possibility of an Artistic Expression of Freedom and Free Speech Mural Memorializing Charlie Kirk. (00:15:25) Unnamed Speaker commented on Council Member Item #1 (25-780) regarding discussion on the possibility of an Artistic Expression of Freedom and Free Speech Mural Memorializing Charlie Kirk. (00:16:27) Skywalker commented on Council Member Item #1 (25-780) regarding discussion on the possibility of an Artistic Expression of Freedom and Free Speech Mural Memorializing Charlie Kirk. (00:17:33) Bethany Webb commented on Council Member Item #1 (25-780) regarding discussion on the possibility of an Artistic Expression of Freedom and Free Speech Mural Memorializing Charlie Kirk. (00:18:48) COUNCIL MEMBER ITEMS 1. (25-780) Approved Amended Item Submitted by Councilman Williams, Co-Sponsored by Mayor Burns and Councilman Gruel to Discuss the Possibility of an Artistic Expression of Freedom and Free Speech Mural Memorializing Charlie Kirk Councilman Willliams introduced this item by sharing some photos of a spontaneous vigil held in Huntington Beach to document the number of people in attendance. He described some of the abhorrent actions taken in other cultures around the world where people are not free to express themselves and where violence is used to suppress freedom. He added that he envisions a mural that is focused on the core American values of freedom and free speech, and a symbol that will stand against the use of violence. He also believes this effort in support of free speech will have educational and generational impact. He added it is important to leave something monumental behind to help people remember what happened on September 10, 2025. 62 City Council/Public Finance Authority Special Meeting Minutes September 23, 2025 Page 3 of 3 Councilmembers Twining, Kennedy, Gruel and Mayor Pro Tem McKeon discussed Charlie Kirk's message of free speech, faith in God, patriotism through bold dialogue, ideas, and that young people have the power to shape the civic landscape; recognition of the concept that no one should destroy that with which they do not agree; a majority of public speakers for this meeting acknowledging the tragedy of Charlie Kirk's death; using only private funding for this project; consideration of media options other than a mural; consideration of both private and public locations; and the Ad Hoc Committee recommendation will return to City Council for final consideration. A motion was made by Williams, second Burns to Work with Direct staff to explore the creation of a mural as an artistic expression honoring freedom and free speech, memorializing Charlie Kirk and form a City Council ad-hoc committee, comprised of Mayor Burns and Councilmembers Gruel and Williams, authorized to identify a location, artist(s), and artwork for the mural, monument or plaque, and return to Council for a final vote. The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Gruel, and Williams NOES: None ABSENT: Van Der Mark ADJOURNMENT — At 4:45 PM a motion was made by Mayor Burns, with a second by Williams, to adjourn to the next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority on Tuesday, October 7, 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 63 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-788 MEETING DATE:10/7/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Travis Hopkins, City Manager VIA:Ashley Wysocki, Director of Community & Library Services PREPARED BY:Chris Cole, Community & Library Services Manager Subject: Authorize the appropriation of $98,000 from the Huntington Central Park Sports Complex (HCPSC) Capital Improvement Fund 325 to replace the failed irrigation booster pump at the Huntington Beach Sports Complex Statement of Issue: The irrigation booster pump at the Huntington Central Park Sports Complex has exceeded its useful lifespan and has become inoperable. To replace the pump, the City Council is requested for an appropriation from the Huntington Central Park Sports Complex Capital Improvement fund. Financial Impact: As of June 30, 2025, the Huntington Central Park Sports Complex (HCPSC) Capital Improvement Fund 325 has a balance of $221,400 (unaudited). Staff are requesting that $98,000 of this balance be allocated to the Huntington Central Park Sports Complex booster pump replacement project. Recommended Action: Authorize the appropriation of $98,000 from the Huntington Central Park Sports Complex (HCPSC) Capital Improvement Fund Account 32545001.83700 to replace the irrigation booster pump at the Huntington Beach Sports Complex. Alternative Action(s): Do not authorize the recommended action and direct staff accordingly. Analysis: The irrigation booster pump at the Huntington Central Park Sports Complex has exceeded its useful lifespan and has become inoperable. Recent attempts to fix it have failed and it must be replaced. The grass in the ballfields cannot be watered as required without a functioning booster pump. The scope of services needed to complete the project include removal of the failed pump, the City of Huntington Beach Printed on 10/1/2025Page 1 of 2 powered by Legistar™ 64 File #:25-788 MEETING DATE:10/7/2025 installation of the new pump, connecting/reconnecting the inlet and discharge to the existing plumbing and station startup/certification. The cost will be approximately $98,000, including contingency. 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 6 - Infrastructure Investment, Strategy C - Conduct an assessment of all City facilities to determine priorities for upgrades and repairs, implementation and financial priority. Attachment(s): 1. Rider to Emergency Requisition - Emergency Purchase Justification City of Huntington Beach Printed on 10/1/2025Page 2 of 2 powered by Legistar™ 65 66 DATE: 9/18/2025 CITY OF HUNTINGTON BEACH Rider to Emergency Requisition Emergency Purchase Justification DEPARTMENT: Community & Library Services REQUESTED BY: Ashley Wysocki, Director ITEM: Sports Complex Irrigation Booster Pump SOURCE: THE ITEM(S) OR SERVICE(S) TO BE PURCHASED OR PROCURED PURSUANT TO THIS REQUISITION IS AVAILABLE FROM A SINGLE SOURCE ONLY BECAUSE: D There is great public calamity. D There is immediate need to prepare for national or local defense. ~ There is a breakdown in machinery or an essential service, which requires an immediate procurement in order to safeguard the public health, safety, or welfare. An essential, departmental operation affecting the public health, safety or welfare would be greatly hampered if the prescribed procurement procedure would cause an undue delay in the procurement of the needed services. D Other EXPLANATION OF ITEM(S) CHECKED (Please include business unit): The Sports Complex irrigation booster pump failed early August and the fields are dying due to a lack of City water pressure necessitating a replacement booster pump ASAP to boost city water pressure to properly irrigate fields. AUTHORIZATION bate 1J;q/Jls- oclte it;lz 2,/ z~S:- oati Once signatures have been obtained, please forward original to the Purchasing Department -scan or copy to originating department. 67 1111, Evolution Landscaping & Plumbing 18931 Gothard St EVOIOTI.ON IRHOSCRPIHG 6 PlUMBIHG ADDRESS City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 office@evolutionlp.com SHIP TO City of Huntington Beach 18100 Goldenwest St, Huntington Beach, CA 92648 Huntington Beach, CA 92648 DATE 09/12/2025 REPRESENTATIVE LOCATION Ricardo Sport Complex PRODUCT/SERVICE Provide & Install Pump NSI-PUMP -Includes: --> Pump Startup --> Pump Start Up Install --> Install: Item Note: Includes installation of new pump station on new concrete pad connecting/reconnecting the inlet & discharge to existing plumbing, and station startup/certification. --> Miscellaneous Parts We look forward to working with you! QTY For questions, contact Office at (714) 715-7993 or Emergency Services at (714) 541-7993 Accepted By PRICE PER UNIT 89,249.00 SUBTOTAL TAX (0.0775) TOTAL Accepted Date Estimate # 21427 TOTAL 89,249.00 89,249.00 0.00 $89,249.00 THANK YOU. All material is guaranteed to be as specified. All alterations or deviation from the above specifications involving extra costs wl!I be executed ONLY upon written change order. The cost will become an extra charge over and above the estimate. The estimate does not Include additional labor and materials which may be required should unforeseen problems arise after the work has started. City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-782 MEETING DATE:10/7/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Travis Hopkins, City Manager VIA:Ashley Wysocki, Director of Community & Library Services PREPARED BY:Molly Uemura, Community & Library Services Manager Subject: Adopt Ordinance No. 4335 of the City of Huntington Beach Deleting Chapter 2.106 of the Huntington Beach Municipal Code and Dissolving the Huntington Beach Independence Day Board - Approved for Introduction September 16, 2025, by a vote of 7-0 Statement of Issue: City Council is asked to adopt Ordinance No. 4335 of the City of Huntington Beach deleting Chapter 2.106 of the Huntington Beach Municipal Code and dissolving the Huntington Beach Independence Day Board. An Independence Day task force will be formed that will include current Independence Day Board members and new volunteers to lead fundraising and volunteer efforts. This structure encourages greater community involvement, collaboration, and flexibility, while allowing all members to participate together in planning and event activities without the restrictions of subcommittees under the Brown Act. Financial Impact: Not applicable. Recommended Action: Adopt Ordinance No. 4335, “An Ordinance of the City of Huntington Beach deleting Chapter 2.106 of the Huntington Beach Municipal Code and Dissolving the Huntington Beach Independence Day Board.” Alternative Action(s): Do not approve the recommended action and direct staff accordingly. Analysis: The Independence Day Board (IDB) was established in 1983. Per Huntington Beach Municipal Code City of Huntington Beach Printed on 10/1/2025Page 1 of 3 powered by Legistar™ 68 File #:25-782 MEETING DATE:10/7/2025 (HBMC) Chapter 2.106, the IDB is an advisory body to the City Council, implementing policy as set by the City Council. The IDB shall work with staff and volunteers to assist in coordinating the City's annual Fourth of July parade and celebration. When the IDB was originally established, board members were fully responsible for planning and executing the City’s annual Independence Day events with the support from Community Services staff. The IDB would provide recommendations to the City Council regarding event policies and procedures, logistics, and annual budgets. The IDB was solely responsible for soliciting event sponsorships and donations while Community Services staff processed invoices, purchase orders, facilitated meetings and prepared minutes. In August of 2020, the City of Huntington Beach released a Request for Proposals (RFP) to solicit a qualified event management firm (Contractor) to assume the responsibility for the planning and execution of the City’s Independence Day event. Under the new model, the City would pay a predetermined management fee to the Contractor, who would then be responsible for the financials of the event, including soliciting donations and sponsorships, booking service providers and event vendors, and processing all invoices. The function of the IDB transitioned at this time, with the main role of the IDB evolving to supporting the event contractor, soliciting community sponsorships, and providing invaluable volunteer hours to support event operations throughout the week of events. The Contractor works closely with City staff to implement all event policies and procedures, approve annual budgets, and confirm event logistics, thereby eliminating the need for the IDB to serve in an advisory capacity to City Council. Since the IDB’s role has shifted from a Council Advisory Board to event volunteerism and support, staff is recommending the introduction for adoption of Ordinance No. 4335 of the City of Huntington Beach deleting Chapter 2.106 of the HBMC and dissolving the Independence Day Board. Annually, staff will establish a task force for the Independence Day event, inviting existing IDB members to participate in the new task force. The task force will focus on fundraising and volunteerism for the Independence Day event. The new format expands opportunities for increased community involvement and collaboration between all members on projects rather than dividing projects into sub-committees, as required by the Brown Act. The task force will allow all members to be present and volunteer together during the Independence Day events and provide more flexibility for ongoing planning meetings. Environmental Status: Administrative Item - Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a project. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Ordinance No. 4335 of the City of Huntington Beach Deleting Chapter 2.106 of the HBMC and City of Huntington Beach Printed on 10/1/2025Page 2 of 3 powered by Legistar™ 69 File #:25-782 MEETING DATE:10/7/2025 Dissolving the Huntington Beach Independence Day Board 2. Huntington Beach Municipal Code 2.106 Legislative Draft City of Huntington Beach Printed on 10/1/2025Page 3 of 3 powered by Legistar™ 70 71 ORDINANCE NO. 4335 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH DELETING CHAPTER 2.106 OF THE HUNTINGTON BEACH MUNICIPAL CODE AND DIS SOL YING THE HUNTINGTON BEACH INDEPENDENCE DAY BOARD WHEREAS , the City Council of the City of Huntington Beach desires to repeal Chapter 2.106 of the Huntington Beach Municipal Code, , I NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Chapter 2.106 of the City of Huntington Beach Municipal Code is deleted. 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 the ___ day of __________ , 2025. Mayor ATTEST: APPROVED AS TO FORM: City Clerk fAh~ :> City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: City Manager Library Services 25-16205/3 74858 72 LEGISLATIVE DRAFT HBMC 2.106 Chapter 2.196 HllNTINCTON BEACH INE>EPENE>ENCE E>AY BOARE> • 2.106.010 Established • 2.106.020 Composition • 2.106.030 Operating Polieies • 2.106.040 8taffbiaison • 2.106.0'.i0 Meetings • 2.106.0'.iO Fuading • 2.106.070 Offieers • 2.106.080 Duties ofOffiees aad Cemmittee • 2.106.090 (Reserves) • 2.106.100 (Reserved) • 2.106.110 ,<\t!endanee • 2.106.120 Quernm • 2.106. 130 Bylaws 2.196.919 Established There is hereby established an lndependenee Day Board v,·hieh shall be an advisory bedy le the City Ce1,meil, implementing poliey as set by the City C01111eil, aad shall werk with staff and vel1mteers to assist ia eoordiaatiag the City's aaaual Feurth efJuly paracle aad eelebratiea. (26'.i•I 11)83, 3298 919'.i, 343'.i 11/99, 4300 11123) 2.196,929 Composition The Board shall eonsist of nine te 1'.i members, appeintecl by Ceuneil Hpen the reeemmendation of the Ce,rneil liaisens to the Bearcl. The Board may establish eommittees with eommittee ehairs as neeessary te fuadraise and provide support for sueeessful eoordiuatim, efthe Fourth ef.mly aetivities. (26'.i4 11/83, 2754 4)8'.i, 2812 2)86, 2892 3)87, 2923 12)87, 3298 919'.i, 343'.i 11)99, 3760 2)07, 4300 -l---lmj 2.196.939 Operating Polieies Elwept as etherwise prevkled in this ehapter, the Board shall eenform le the operating pelieies for bearcls ancl eernrnissiens as set forth in Chapter 2.100 efthis Code.(2923 12/87, 11300 11/23) 73 2.108.040 Staff liaison The Comm,mity and Library Se!" ·ices D .1 h liai-son(s) shall be responsible fe,: prepar~::~=~e;t :~all prov~de a ~t.aff liaison(s) to the Board. The staff developing and processing the b,idget p . . os mg agen a, t~ ,mg and distributing minutes, . . , " , 10cessmg contracts'matenal . · ·r b .. coordmatmg activities among City departments.(3298 9,,95 : ;;;0 U~i;•s 11 ons, o tammg permits, and 2.106.050 Meetings The Board shall establish meeting dates as needed in the Ci,,· . . Brovm Act. (3298 9/95, 3435 11/99, 4300 11/23) ,io Cente1 01 a posted looat10n subject to the 2.106.060 Funding All revenues and ei,penses by the Board and from the Fou . managed in a pre determined aoo01111t(s) b , th C b' 111 ofJ~1ly parade and all the festivities shall be and prooedures.(3298 9/95, 3 <135 11/99, 4~00 el 1:;)su~eot to City purchasing and contracting policies 2.106.070 OffieeFS The officers of the Board shall be a chair and ··ice chair The and such officers shall serve fer one year . ~-1th . . . Boa,d shall elect officers from its members 3760 2/()7, 4300 11/23) O! un I e11 successors are eleeted.( 3298 9/95, 3435 11/99, 2.108.080 E>uties of OffieeFs and Committees A. Chair. The chair shall: ~·e as the chief officer of the Independence Day Board and shall preside at all meetings of the 2 "f'tl ti d · d,' l ➔e a vice of the Board, select all committee chairpersons. 3 "''ti ti d · . "I ➔➔ea v10e of the Board, assign responsibilities subject to approval of the Board 4 .Be the official spokesperson fer the Board. · B u-Cl . · · · • ioe ➔air. The Y!Ce chair shall: I .Serve as an officer of the Independence Day Board. 2Intheabs ·d· bT . shall h::e:~etl:: ;~~::~~·f0:nt!1~:1::~::t ~:•:ir~ean t~l~ ~~ties of the I chair ~nd, when so acting, have other powers and perferm sueh othe. d f 'es ': ions up_on Ile chair. The vice chair shall Bear&. 1 u ,es as may e prescnbed from time to time by the C .Committee Chair Tue Ad H d St d' . Cl . . . . r.oo anan mg Comn11ttees of the Board shall elect Committee • ➔a11pe1so~1s ~o serve as a leader of the committee, hold meetings as needed and present ,eoommen al!ons to the Board fer action ·11 I f , 4300 11/23) WH approva o committee members. (3298 9/95, 3435 11/99, 74 ~~~rl ! 'f;: ~=j :: :: l•I ,., ., ch " •+ 1 ]l j !I ~ ~ l. ~I ~ :'" . ;•1 ~• _l!I ~'Y. ::c ~ ..i:i:; m i:i:i ~ 1 i :f · City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-783 MEETING DATE:10/7/2025 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:Jason Kelley, Senior Planner Subject: Approve Zoning Text Amendment No. 25-003 (Reapplication Process for Group Homes) by adopting Ordinance Nos. 4340 and 4341 - Approved for Introduction September 16, 2025, by a vote of 7-0 Statement of Issue: The following staff report was presented via Public Hearing to the City Council on September 16, 2025: Transmitted for City Council’s consideration is Zoning Text Amendment (ZTA) No. 25-003, a City Council initiated request to amend the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) by prohibiting group homes from reapplying for permits for five years from the date of the denial or revocation of a permit. There is also an accompanying amendment to incorporate the same provisions into the Municipal Code. Financial Impact: Not Applicable Recommended Action: A) Find Zoning Text Amendment No. 25-003 and amendment to Municipal Code Chapter 5.110 exempt from the California Environmental Quality Act (CEQA) pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act because the request is a minor amendment to the municipal code and zoning ordinance that does not change the development standards intensity or density; and, B) Approve Zoning Text Amendment No. 25-003 with findings (Attachment No. 1) and adopt Ordinance No. 4341, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 230.28 Group Homes of the Huntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No. 25-003)”; (Attachment No. 2); and, C) Approve amendment to Municipal Code Chapter 5.110 and adopt Ordinance No. 4340, “An City of Huntington Beach Printed on 10/1/2025Page 1 of 3 powered by Legistar™ 75 File #:25-783 MEETING DATE:10/7/2025 C) Approve amendment to Municipal Code Chapter 5.110 and adopt Ordinance No. 4340, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 5.110 Group Homes of the Huntington Beach Municipal Code Titled Group Homes” (Attachment No. 3). Alternative Action(s): Do not approve, and direct staff accordingly. Analysis: A.PROJECT PROPOSAL: ZTA No. 25-003 represents a request to amend Section 230.28 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to strengthen enforcement against unlawful group homes to protect residential neighborhoods and the residents of these facilities. Specifically, the amendment establishes a five-year prohibition on applying or reapplying for a Special Use Permit or Conditional Use Permit for any group home found to be operating in violation of applicable laws or zoning regulations. There is also an accompanying amendment to incorporate the same provisions into the Municipal Code. B.BACKGROUND: On July 20, 2020, the City Council adopted the Group Homes Ordinance amending the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) and the Municipal Code (HBMC) to establish regulations for group homes, sober living homes and residential care facilities. Since the adoption of the Ordinances, there have been sober living facilities that are either operating without the required permits or are in violation of the conditions of approval outlined in their permit. To ensure greater accountability among sober living facilities, the City Council directed staff (Attachment No. 6) to draft an amendment to the HBZSO and the HBMC to prevent group homes from applying or reapplying for a permit for five years once they have been found to be operating unlawfully. C.PLANNING COMMISSION MEETING AND RECOMMENDATION: On August 26, 2025, the Planning Commission held a public hearing on the ZTA. The Planning Commission recommended approval of the request to the City Council. Planning Commission Action on August 26, 2025: A motion was made by Goldberg, seconded by Palmer, to recommend to the City Council approval of ZTA No. 25-003 carried by the following vote: AYES: Thienes, Goldberg, Pellman, Palmer, Bush, Babineau, McGee NOES: None ABSTAIN: None ABSENT: None MOTION PASSED D. STAFF ANALYSIS: The August 26, 2025, Planning Commission staff report provides a more detailed description and analysis of the proposed ZTA (Attachment No. 7). During the meeting, the Planning Commission also approved a minute action to forward additional buffer recommendations for sober living facilities to City of Huntington Beach Printed on 10/1/2025Page 2 of 3 powered by Legistar™ 76 File #:25-783 MEETING DATE:10/7/2025 approved a minute action to forward additional buffer recommendations for sober living facilities to the City Council for consideration, which was provided to the City Council via a separate memorandum. In summary, staff and the Planning Commission recommend approval of ZTA No. 25- 003 based on the following reasons: 1. It updates the HBZSO to prevent unlawful operators; 2. Addresses community need to further protect neighborhoods from operators in violation of the ordinance; and 3. Is consistent with General Plan goals and policies. Approval of the associated Municipal Code amendment would correspond and be consistent with the Zoning Code amendment. Environmental Status: ZTA No. 25-003 and amendment to Municipal Code Chapter 5.110 are exempt pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act because the request is a minor amendment to the zoning ordinance that does not change the development standards intensity or density; and Section 15061 (b)(3) (General Rule) of the CEQA Guidelines, in that it can be seen with certainty that there is no possibility that the amendments to the HBMC will have a significant effect on the environment. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Suggested Findings of Approval - ZTA No. 25-003 2. Ordinance No. 4341 - Section 230.28 (Group Homes) 3. Ordinance No. 4340 - Chapter 5.110 (Group Homes) 4. Section 230.28 - Group Homes Legislative Draft 5. Chapter 5.110 - Group Homes Legislative Draft 6. City Council H-Item dated May 6, 2025 7. August 26, 2025, Planning Commission Staff Report 8. PowerPoint Presentation City of Huntington Beach Printed on 10/1/2025Page 3 of 3 powered by Legistar™ 77 ATTACHMENT NO. 1 SUGGESTED FINDINGS OF APPROVAL ZONING TEXT AMENDMENT NO. 25-003 SUGGESTED FINDINGS FOR PROJECTS EXEMPT FROM CEQA: Zoning Text Amendment (ZTA) No. 25-003 is categorically exempt pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act because the request is a minor amendment to the zoning ordinance that does not change the development standards intensity or density. SUGGESTED FINDINGS FOR APPROVAL - ZONING TEXT AMENDMENT NO. 25-003: 1. Zoning Text Amendment No. 25-003 is to amend Section 230.28 of the Huntington Beach Zoning and Subdivision Ordinance by introducing additional requirements for Sober Living Homes and Group Homes operating in violation of their permit or without proper permits. The proposed zoning text amendment is consistent with the policies of the City’s General Plan including: Land Use Element: Policy LU-2(D): Maintain and protect residential neighborhoods by avoiding encroachment of incompatible land uses. Housing Element: Policy H-1.1: Preserve the character, scale, and quality of established residential neighborhoods. The proposed ZTA introduces language to Section 230.28 to strengthen enforcement against unlawful group homes to protect residential neighborhoods and the residents of these facilities. Specifically, the amendment establishes a five-year prohibition on applying or reapplying for a Special Use Permit or Conditional Use Permit for any group home found to be operating in violation of applicable laws or zoning regulations. Additionally, the amendment defines all categories of group home operators — including owners, operators, individuals, corporations, and landowners — to prevent circumvention of the five-year restriction through changes in ownership or management structure. 2. In the case of a general land use provision, ZTA No. 25-003 is compatible with the uses authorized in, and the standards prescribed for the zoning district for which it is proposed because the proposed amendment further strengthens the ordinance to prevent the operation of illegal and unsafe Sober Living Homes and Group Homes in single- family residential neighborhoods by operators and owners who have illegally operated in the past. 3. A community need is demonstrated for the changes proposed in that the City of Huntington 78 Beach has experienced a rise in the number of unlicensed and unpermitted Group Homes including Sober Living Homes within single family residential neighborhoods. The operation of these unlicensed and unpermitted homes is illegal. The proposed ZTA No. 25-003 seeks to strengthen the enforcement requirements for unlawful Group Home and Sober Living Home operations. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice. The amendment will result in the City’s ability to strengthen enforcement against unlawful Group Homes and Sober Living Homes by establishing a five-year prohibition on applying or reapplying for a Special Use Permit or Conditional Use Permit for any Group Home and Sober Living Home found to be operating in violation of their permit or the HBZSO. 79 80 ORDINANCE NO. 4341 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 230.28 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE (ZONING TEXT AMENDMENT NO. 25-003) WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington Beach City Council have held separate, duly noticed public hearings to consider Zoning Text Amendment No. 25-003, which amends Section 230.28 of the Huntington Beach Zoning and Subdivision Ordinance; and After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented, the City Council finds that the aforesaid amendment is proper and consistent with the General Plan; NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. That Section 230.28 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 230.28 Group Homes A. Purpose. This section is intended to preserve the residential character of single-family residential neighborhoods and to further the purposes of the PEHA, the FHAA and the Lanterman Act by, among other things: (1) ensuring that group homes are actually entitled to the special accommodation and/or additional accommodation provided under the Huntington Beach Municipal Code and not simply skirting the city's boarding house regulations; (2) limiting the secondary impacts of group homes by reducing noise and traffic, preserving safety and providing adequate on street parking; (3) providing an accommodation for the disabled that is reasonable and actually bears some resemblance to the opportunities afforded non-disabled individuals to use and enjoy a dwelling unit in a single-family neighborhood; and (4) to provide comfortable living environments that will enhance the opportunity for the disabled and for recovering addicts to be successful in their programs. 81 ORDINANCE NO. 4341 B. Special Use Permit Required. 1. A group home that may otherwise be considered an unpermitted use may locate in the RL, RM, RMH, RH, RMP, a Specific Plan Residential, or a Specific Plan Mixed Use zone with a Special Use Permit provided: a. An application for a group home is submitted to the director by the owner/operator of the group home. The application shall provide the following: 1 The name, address, phone number and driver's license number of the owner/ operator; 11. If the applicant and/or operator is a partnership, corporation, firm or association, then the applicant/operator shall provide the additional names and addresses as follows and such persons shall also sign the application: (1) Every general partner of the partnership, (2) Every owner with a controlling interest in the corporation, (3) The person designated by the officers of a corporation as set forth in a resolution of the corporation that is to be designated as the permit holder; m. The license and permit history of the applicant(s), including whether such applicant(s), in previously operating a similar use in this or another city, county or state under license and/or permit, has had such license and/or permit revoked or suspended, and the reason therefor; 1v. The name, address, phone number and driver's license number of the house manager; v. A copy of the group home rules and regulations; v1. Written intake procedures; v11. The relapse policy; vm. An affirmation by the owner/operator that only residents ( other than the house manager) who are disabled as defined by state and federal law shall reside at the group home; 1x. Blank copies of all forms that all residents and potential residents are required to complete; and 25-16738/383996 2 82 ORDINANCE NO. 4341 x. A fee for the cost of processing of the application as set by resolution of the city council. No person shall open a group home or begin employment with a group home until this information has been provided and such persons shall be responsible for updating any of this information to keep it current. b. The group home has six ( 6) or fewer occupants, not counting a house manager, but in no event shall have more than seven (7) occupants. If the dwelling unit has a secondary accessory unit, occupants of both units will be combined to determine whether or not the limit of six (6) occupants has been exceeded. c. The group home shall not be located in an accessory secondary unit unless the primary dwelling unit is used for the same purpose. d. The group home has a house manager who resides at the group home or any multiple of persons acting as a house manager who are present at the group home on a twenty-four (24) hour basis and who are responsible for the day-to-day operation of the group home. e. All garage and driveway spaces associated with the dwelling unit shall, at all times, be available for the parking of vehicles. Residents and the house manager may each only store or park a single vehicle at the dwelling unit or on any street within five hundred (500) feet of the dwelling unit. The vehicle must be operable and currently used as a primary form of transportation for a resident of the group home. f. Occupants must not require and operators must not provide "care and supervision" as those terms are defined by Health and Safety Code section 15 03. 5 and section 80001(c)(3) of Title 22, California Code of Regulations. g. Integral group home facilities are not permitted. Applicants shall declare, under penalty of perjury, that the group home does not operate as an integral use/facility. h. If the group home operator is not the property owner, written approval from the property owner to operate a group home at the property. i. The property must be fully in compliance with all building codes, municipal code and zoning. 25-16738/383996 3 83 ORDINANCE NO. 4341 J. At least forty-eight ( 48) hours prior to an occupant's eviction from or involuntary termination of residency in a group home, the operator thereof shall: 1. Notify the person designated as the occupant's emergency contact or contact ofrecord that the occupant will no longer be a resident at the home; 11. Contact the Orange County Health Care Agency OC Links Referral Line and/or another entity designated by the City to determine the services available to the occupant, including, but not limited to, alcohol and drug inpatient and outpatient treatment; iii. Notify the City's Homeless Task Force or its successor panel that an occupant is no longer a resident at the home, and determine the services available therefrom; iv. Provide the information obtained from paragraphs ii and iii of this subsection B. l .j. and any other treatment provider or service to the occupant prior to his or her release on a form provided by the City and obtain the occupant's signed acknowledgement thereon; v. Provided, however, that if the occupant's behavior results in immediate termination of residency pursuant to rules approved by the City as part of the special use permit for that facility, the operator shall comply with paragraphs i. through iv. of this subsection B.l.j. as soon as possible. k. Prior to an occupant's eviction from or involuntary termination of residency in a group home, the operator thereof shall also: 1. Make available to the occupant transportation to the address listed on the occupant's driver license, state-issued identification card, or the permanent address identified in the occupant's application or referral to the group home; ii. Provided, however, that should the occupant decline transportation to his or her permanent address or otherwise has no permanent address, then the operator shall make available to the occupant transportation to another group home or residential care facility that has agreed to accept the occupant. If the operator cannot find accommodation, the occupant must continue to house on premises until such accommodation can be found for the occupant. 25-16738/383996 4 84 ORDINANCE NO. 4341 1. The group home operator shall maintain records for a period of one year following eviction from or involuntary termination of residency of an occupant that document compliance with subsections B.1.j. and B.1.k. of this section; provided, however, that nothing herein shall require an operator of a group home to violate any provision of state or federal law regarding confidentiality of health care information. The group home operator may not satisfy the obligations set forth in subsection B.1.k. of this section by providing remuneration to the occupant for the cost of transportation. m. All drivers of vehicles picking up or dropping off persons at a group home shall comply with all applicable provisions of this Code and the Vehicle Code, including, but not limited to, those provisions regulating licensure and parking, standing and stopping. n. In addition to the regulations outlined above, the following shall also apply to sober living homes: 1. The sober living home is not located within one thousand (1000) feet, as measured from the closest property lines, of any other sober living home or a state licensed alcoholism or drug abuse recovery or treatment facility. 11. All occupants, other than the house manager, must be actively participating in legitimate recovery programs, including, but not limited to, Alcoholics Anonymous or Narcotics Anonymous and the sober living home must maintain current records of meeting attendance. Under the sober living home's rules and regulations, refusal to actively participate in such a program shall be cause for eviction. 111. The sober living home's rules and regulations must prohibit the use of any alcohol or any non-prescription drugs at the sober living home or by any recovering addict either on or off site. The sober living home must also have a written policy regarding the possession, use and storage of prescription medications. The facility cannot dispense medications but must make them available to the residents. The possession or use of prescription medications is prohibited except for the person to whom they are prescribed, and in the amounts/dosages prescribed. These rules and regulations shall be posted on site in a common area inside the dwelling unit. Any violation of this rule must be cause 25-16738/383996 5 85 ORDINANCE NO. 4341 for eviction under the sober living home's rules for residency and the violator cannot be re-admitted for at least ninety (90) days. Any second violation of this rule shall result in permanent eviction. Alternatively, the sober living home must have provisions in place to remove the violator from contact with the other residents until the violation is resolved. 1v. The number of occupants subject to the sex offender registration requirements of Penal Code section 290 does not exceed the limit set forth in Penal Code section 3003.5 and does not violate the distance provisions set forth in Penal Code section 3003. v. The sober living home shall have a written visitation policy that shall preclude any visitors who are under the influence of any drug or alcohol. vi. The sober living home shall have a good neighbor policy that shall direct occupants to be considerate of neighbors, including refraining from engaging in excessively loud, profane or obnoxious behavior that would unduly interfere with a neighbor's use and enjoyment of their dwelling unit. The good neighbor policy shall establish a written protocol for the house manager/operator to follow when a neighbor complaint is received. v11. The sober living home shall not provide any of the following services as they are defined by section 10501(a)(6) of Title 9, California Code of Regulations: detoxification; educational counseling; individual or group counseling sessions; and treatment or recovery planning. o. An applicant may seek relief from the strict application of this section by submitting a reasonable accommodation application setting forth specific reasons as to why accommodation over and above this section is necessary under state and federal laws, pursuant to section HBMC 17.77. 2. The special use permit shall be issued by the director as a ministerial matter if the applicant is in compliance or has agreed to comply with subsections B. l .a. through B .1.n. of this section. The issuance of the special use permit shall be denied upon a determination, and if already issued shall be denied or revoked upon a hearing, by the director that any of the following circumstances exist: 25-16738/383996 6 86 ORDINANCE NO. 4341 a. Any owner/operator or staff person has provided materially false or misleading information on the application or omitted any pertinent information; b. Any owner/operator or staff person has an employment history in which he or she was terminated during the past two (2) years because of physical assault, sexual harassment, embezzlement or theft; falsifying a drug test; and selling or furnishing illegal drugs or alcohol. c. Any owner/operator or staff person has been convicted of or pleaded nolo contendere, within the last seven (7) to ten (10) years, to any of the following offenses: 1. Any sex offense for which the person is required to register as a sex offender under California Penal Code section 290 (last ten (10) years); ii. Arson offenses-Violations of Penal Code Sections 451--455 (last seven (7) years); or iii. Violent felonies, as defined in Penal Code section 667.5, which involve doing bodily harm to another person (last ten (10) years). 1v. The unlawful sale or furnishing of any controlled substances (last seven (7) years). d. Any owner/operator or staff person is on parole or formal probation supervision on the date of the submittal of the application or at any time thereafter. e. The owner/operator accepts residents, other than a house manager, who are not disabled as defined by the FHAA and FEHA. f. A special use permit for a sober living home shall also be denied upon a determination, and if already issued, any transfer shall be denied or revoked, upon a hearing, by the director that any of the following additional circumstances exist: 1. Any owner/operator or staff person of a sober living home is a recovering drug or alcohol abuser and upon the date of application or employment has had less than one (1) full year of sobriety. ii. The owner/operator of a sober living home fails to immediately take measures to remove any resident who uses alcohol or illegally uses prescription or non-prescription drugs, or who is not actively participating in a legitimate recovery program from contact with all other sober residents. 25-16738/383996 7 87 ORDINANCE NO. 4341 111. The sober living home, as measured by the closest property lines, is located within one thousand (1000) feet of any other sober living home or state licensed alcoholism or drug abuse recovery or treatment facility. If a state-licensed alcoholism or drug abuse recovery or treatment facility moves within one thousand (1000) feet of an existing sober living home this shall not cause the revocation of the sober living home's permit or be grounds for denying a transfer of such permit. g. For any other significant and/or repeated violations of this section and/or any other applicable laws and/or regulations, including, but not limited to, failure to comply with the provisions of subsections B .1.j. through m. h. Revocation shall not apply to any group home, which otherwise would cause it to be in violation of this section, that has obtained a reasonable accommodation pursuant to HBMC 17.77. C. Effect or Denial or Revocation of Special Use Permit or Conditional Use Permit 1. Whenever an application for a Special Use Permit or Conditional Use Permit for a Sober Living Facility, Group Home, or similar facility is denied, no other similar application by such applicant or permittee will be considered for a period of five years from the date of the denial of an application. Whenever a permit has been revoked, canceled, or otherwise invalidated, no other similar application by such permittee shall be considered for a period of five years from either the date the notice of the permit revocation was mailed or the date of the final decision of the city to revoke the permit, whichever is later. The prohibitions of this subsection shall also apply to the following: a. Any individual whose Special Use Permit or Conditional Use Permit was revoked or whose application was denied who later becomes a director or officer of a corporation, profit or nonprofit, or a member of a partnership or a person owning or possessing any portion of the shares of a corporation seeking to obtain a Special Use Permit. b. A corporation, profit or nonprofit, whose Special Use Permit or Conditional Use Permit was revoked, or application was denied, to any of its directors or officers or to any person who owned any portion of its shares, who 25-16738/383996 8 88 ORDINANCE NO. 4341 attempts · by way of a new corporation or using their individual names or becoming a member of a partnership or a director or officer or a person owning or possessing any portion of the shares in another corporation seeking to obtain a new Special Use Permit or Conditional Use Permit. c. A landowner who illegally leased, rented, sold, or otherwise allowed an individual or corporation to operate a non-permitted Group Home or Sober Living Home. 2. In addition to any other law, no person or entity shall be eligible for and/or receive an operator's Special Use Permit or Conditional Use Permit if that person or entity, or any director or officer of that entity or a person who owned any portion of that entity's shares, or any financial interest holder of that entity, engaged or engages in unpermitted and/or illegal activity involving medical care, addiction care, addiction recovery, and Group or Sober Home operation, in the five years preceding an application under this chapter or during the application process. A determination of ineligibility may be made by the City Manager and shall be based on the preponderance of the evidence. This prohibition shall not apply to a natural person who would otherwise be ineligible based on a criminal conviction that has been dismissed, withdrawn, expunged or set aside. D. Compliance 1. Existing Group Homes must apply for a special use permit within ninety (90) days of the effective date of this chapter. 2. Group Homes that are in existence upon the effective date of this chapter shall have one (1) year from the effective date of this chapter to comply with its provisions, provided that any existing Group Home, which is serving more than six (6) residents, must first comply with the six-resident maximum. 3. Existing Group Homes obligated by a written lease exceeding one (1) year from the effective date of the ordinance, or whose activity involves investment of money in leasehold or improvements such that a longer period is necessary to prevent undue financial hardship, are eligible for up to one (1) additional years grace period pursuant to Planning Division approval. 25-16738/383996 9 89 ORDINANCE NO. 4341 E. Transfer of Special Use Permit. Special Use Permit may not be transferred to any other person or entity. No Special Use Permit issued pursuant to this chapter shall be transferred or assigned or authorize any person other than the person or entity named in the permit to operate the group home named therein. F. A Conditional Use Permit shall be required for and may be granted to allow the operation of a Group Home, or a Residential Care Facility with seven (7) or more occupants in the RM, RMH, RH, RMP, Specific Plan Residential and Specific Plan Mixed Use Zones subject to the following conditions: 1. As measured from the property line to property line, the Group Home or Sober Living Home shall be at least one thousand (1000) feet from any other property that contains a Group Home, Sober Living Home, or State-Licensed Residential Care Facility. 2. An application for an Operator's Permit that complies with Chapter 5 .110 of the Huntington Beach Municipal Code (HBMC) shall be required for and may be granted to permit the operation of a Group Home or Sober Living Home. SECTION 2. All other provisions of Chapter 230 not modified herein shall remain in full force and effect. SECTION 3. This ordinance shall become effective immediately 30 days after its adoption. PASS ED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the __ day of ______ ~, 2025. Mayor ATTEST: City Clerk REVIEWED AND APPROVED: INITIATED AND ABPROVED: I; City Manager Copf1m1,mity Development Director 25-16738/383996 90 ORDINANCE NO. 4340 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 5.110 OF THE HUNTINGTON BEACH MUNICIPAL CODE TITLED GROUP HOMES Under the California Constitution, Article XI, Section 7, the City has been granted broad police powers to preserve the residential characteristics of its RL, RHM, RH and RMP residential zones; and the residential portion of its Specific Plans, which powers have been recognized by both the California Supreme Court and United States Supreme Court, the latter of which has stated that, "It is within the power of the legislature to determine that the community should be beautiful as well as healthy, spacious as well as clean, well-balanced as well as carefully patrolled"; and NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. That Section 5.110.10 is hereby amended to read as follows: 5.110.010 Definitions. The definitions set forth in Title 20 Chapter 204 of the ZSO Code shall apply to the provisions of this article unless otherwise provided for herein. SECTION 2. That Section 5.110.080 is hereby amended to read as follows: 5.110.080 Effect of Denial or Revocation. Whenever an application for a permit is denied, no other similar application by such applicant or permittee will be considered for a period of five ( 5) years from the date of the denial of an application. Whenever a permit has been revoked, canceled or otherwise invalidated, no other similar application by such permittee shall be considered for a period of five (5) years from either the date of the notice of the permit revocation was mailed or the date of the final decision of the city to revoke the permit, whichever is later. The prohibitions of this subjection shall also apply to the following: A. Any individual whose operator's permit was revoked or whose application was denied who later becomes a Director or Officer of a corporation, profit or nonprofit, or a member of a partnership or person owning or possessing any portion of the shares of a corporation seeking to obtain a new operator's permit. 91 ORDINANCE NO. 4340 B. A corporation, profit or nonprofit, whose permit was revoked, or application was denied, to any of its directors, or officers or to any person who owned any portion of its shares, who attempts by way of a new corporation or using their individual names or becoming a member of a partnership or a director or officer or a person owning or possessing any portion of the shares in another corporation seeking to obtain a new permit. C. A landowner who illegally leased, rented, sold, or otherwise allowed an individual or corporation to operate a non-permitted Group Home or Sober Living Home. SECTION 3. That Section 5.110.085 is hereby added to read as follows: 5.110.085 Ineligibility. In addition to any other law, no person or entity shall be eligible for and/or receive an operator's permit if that person or entity, or any director or officer of that entity or a person who owned any portion of that entity's shares, or any financial interest holder of that entity, engaged or engages in unpermitted and/or illegal activity involving medical care, addiction care, addiction recovery, and Group or Sober Home operation, in the five (5) years preceding an application under this Chapter or during the application process. A determination of ineligibility may be made by the City Manager and shall be based on the preponderance of the evidence. This prohibition shall not apply to a natural person who would otherwise be ineligible based on a criminal conviction that has been dismissed, withdrawn, expunged or set aside. SECTION 4. All other provisions of Title 5 not modified herein shall remain in full force and effect. SECTION 5. This ordinance shall become effective immediately 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the __ day of _______ , 2025. Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorn~----s 25-16738/383879 2 92 ORDINANCE NO. 4340 REVIEWED AND APPROVED: INITIATED AND APPROVED: City Manager 25-16738/383879 3 LEGISLATIVE DRAFT § 230.28. Group Homes. A. Purpose. This section is intended to preserve the residential character of single-family residential neighborhoods and to further the purposes of the FEHA, the FHAA and the Lanterman Act by, among other things: (1) ensuring that group homes are actually entitled to the special accommodation and/or additional accommodation provided under the Huntington Beach Municipal Code and not simply skirting the City's boarding house regulations; (2) limiting the secondary impacts of group homes by reducing noise and traffic, preserving safety and providing adequate on street parking; (3) providing an accommodation for the disabled that is reasonable and actually bears some resemblance to the opportunities afforded non-disabled individuals to use and enjoy a dwelling unit in a single-family neighborhood; and (4) to provide comfortable living environments that will enhance the opportunity for the disabled and for recovering addicts to be successful in their programs. B. Special Use Permit Required. 1. A group home that may otherwise be considered an unpermitted use may locate in the RL, RM, RMH, RH, RMP, a Specific Plan Residential, or a Specific Plan Mixed Use zone with a Special Use Permit provided: a. An application for a group home is submitted to the Director by the owner/operator of the group home. The application shall provide the following: i. The name, address, phone number and driver's license number of the owner/ operator; ii. If the applicant and/or operator is a partnership, corporation, firm or association, then the applicant/operator shall provide the additional names and addresses as follows and such persons shall also sign the application: (1) Every general partner of the partnership, (2) Every owner with a controlling interest in the corporation, (3) The person designated by the officers of a corporation as set forth in a resolution of the corporation that is to be designated as the permit holder; iii. The license and permit history of the applicant(s), including whether such applicant(s), in previously operating a similar use in this or another City, County or State under license and/or permit, has had such license and/or permit revoked or suspended, and the reason therefor; iv. The name, address, phone number and driver's license number of the house manager; v. A copy of the group home rules and regulations; vi. Written intake procedures; vii. The relapse policy; 93 KEY INSERTIONS: Bol d & Doubl e underline DELETIONS: 6hihet11,009h City of Huntington Beach, CA § 230.28 § 230.28 viii. An affirmation by the owner/operator that only residents (other than the house manager) who are disabled as defined by State and Federal law shall reside at the group home; ix. Blank copies of all forms that all residents and potential residents are required to complete; and x. A fee for the cost of processing of the application as set by resolution of the City Council. No person shall open a group home or begin employment with a group home until this information has been provided and such persons shall be responsible for updating any of this information to keep it current. b. The group home has six or fewer occupants, not counting a house manager, but in no event shall have more than seven occupants. If the dwelling unit has a secondary accessory unit, occupants of both units will be combined to determine whether or not the limit of six occupants has been exceeded. c. The group home shall not be located in an accessory secondary unit unless the primary dwelling unit is used for the same purpose. d. The group home has a house manager who resides at the group home or any multiple of persons acting as a house manager who are present at the group home on a 24-hour basis and who are responsible for the day-to-day operation of the group home. e. All garage and driveway spaces associated with the dwelling unit shall, at all times, be available for the parking of vehicles. Residents and the house manager may each only store or park a single vehicle at the dwelling unit or on any street within 500 feet of the dwelling unit. The vehicle must be operable and currently used as a primary form of transportation for a resident of the group home. f. Occupants must not require and operators must not provide "care and supervision" as those terms are defined by Health and Safety Code Section 1503.5 and Section 80001(c)(3) of Title 22, California Code of Regulations. g. Integral group home facilities are not permitted. Applicants shall declare, under penalty of perjury, that the group home does not operate as an integral use/facility. h. If the group home operator is not the property owner, written approval from the property owner to operate a group home at the property. i. The property must be fully in compliance with all building codes, municipal code and zoning. j. At least 48 hours prior to an occupant's eviction from or involuntary termination of residency in a group home, the operator thereof shall: i. Notify the person designated as the occupant's emergency contact or contact of record that the occupant will no longer be a resident at the home; 94 City of Huntington Beach, CA § 230.28 § 230.28 ii. Contact the Orange County Health Care Agency OC Links Referral Line and/ or another entity designated by the City to determine the services available to the occupant, including, but not limited to, alcohol and drug inpatient and outpatient treatment; iii. Notify the City's Homeless Task Force or its successor panel that an occupant is no longer a resident at the home, and determine the services available therefrom; iv. Provide the information obtained from paragraphs ii and iii of this subsection B.1.j. and any other treatment provider or service to the occupant prior to his or her release on a form provided by the City and obtain the occupant's signed acknowledgement thereon; v. Provided, however, that if the occupant's behavior results in immediate termination of residency pursuant to rules approved by the City as part of the special use permit for that facility, the operator shall comply with paragraphs i. through iv. of this subsection B.1.j. as soon as possible. k. Prior to an occupant's eviction from or involuntary termination of residency in a group home, the operator thereof shall also: i. Make available to the occupant transportation to the address listed on the occupant's driver license, state-issued identification card, or the permanent address identified in the occupant's application or referral to the group home; ii. Provided, however, that should the occupant decline transportation to his or her permanent address or otherwise has no permanent address, then the operator shall make available to the occupant transportation to another group home or residential care facility that has agreed to accept the occupant. If the operator cannot find accommodation, the occupant must continue to house on premises until such accommodation can be found for the occupant. l. The group home operator shall maintain records for a period of one year following eviction from or involuntary termination of residency of an occupant that document compliance with subsections B.1.j. and B.1.k. of this section; provided, however, that nothing herein shall require an operator of a group home to violate any provision of state or federal law regarding confidentiality of health care information. The group home operator may not satisfy the obligations set forth in subsection B.1.k. of this section by providing remuneration to the occupant for the cost of transportation. m. All drivers of vehicles picking up or dropping off persons at a group home shall comply with all applicable provisions of this Code and the Vehicle Code, including, but not limited to, those provisions regulating licensure and parking, standing and stopping. n. In addition to the regulations outlined above, the following shall also apply to sober living homes: 95 City of Huntington Beach, CA § 230.28 § 230.28 i. The sober living home is not located within 1,000 feet, as measured from the closest property lines, of any other sober living home or a state licensed alcoholism or drug abuse recovery or treatment facility. ii. All occupants, other than the house manager, must be actively participating in legitimate recovery programs, including, but not limited to, Alcoholics Anonymous or Narcotics Anonymous and the sober living home must maintain current records of meeting attendance. Under the sober living home's rules and regulations, refusal to actively participate in such a program shall be cause for eviction. iii. The sober living home's rules and regulations must prohibit the use of any alcohol or any non-prescription drugs at the sober living home or by any recovering addict either on or off site. The sober living home must also have a written policy regarding the possession, use and storage of prescription medications. The facility cannot dispense medications but must make them available to the residents. The possession or use of prescription medications is prohibited except for the person to whom they are prescribed, and in the amounts/dosages prescribed. These rules and regulations shall be posted on site in a common area inside the dwelling unit. Any violation of this rule must be cause for eviction under the sober living home's rules for residency and the violator cannot be re-admitted for at least 90 days. Any second violation of this rule shall result in permanent eviction. Alternatively, the sober living home must have provisions in place to remove the violator from contact with the other residents until the violation is resolved. iv. The number of occupants subject to the sex offender registration requirements of Penal Code Section 290 does not exceed the limit set forth in Penal Code Section 3003.5 and does not violate the distance provisions set forth in Penal Code Section 3003. v. The sober living home shall have a written visitation policy that shall preclude any visitors who are under the influence of any drug or alcohol. vi. The sober living home shall have a good neighbor policy that shall direct occupants to be considerate of neighbors, including refraining from engaging in excessively loud, profane or obnoxious behavior that would unduly interfere with a neighbor's use and enjoyment of their dwelling unit. The good neighbor policy shall establish a written protocol for the house manager/ operator to follow when a neighbor complaint is received. vii. The sober living home shall not provide any of the following services as they are defined by Section 10501(a)(6) of Title 9, California Code of Regulations: detoxification; educational counseling; individual or group counseling sessions; and treatment or recovery planning. o. An applicant may seek relief from the strict application of this section by submitting a reasonable accommodation application setting forth specific reasons as to why accommodation over and above this section is necessary under State and Federal laws, pursuant to HBMC Chapter 17.77. 96 City of Huntington Beach, CA § 230.28 § 230.28 2. The special use permit shall be issued by the Director as a ministerial matter if the applicant is in compliance or has agreed to comply with subsections B.1.a. through B.1.n. of this section. The issuance of the special use permit shall be denied upon a determination, and if already issued shall be denied or revoked upon a hearing, by the Director that any of the following circumstances exist: a. Any owner/operator or staff person has provided materially false or misleading information on the application or omitted any pertinent information; b. Any owner/operator or staff person has an employment history in which he or she was terminated during the past two years because of physical assault, sexual harassment, embezzlement or theft; falsifying a drug test; and selling or furnishing illegal drugs or alcohol. c. Any owner/operator or staff person has been convicted of or pleaded nolo contendere, within the last seven to 10 years, to any of the following offenses: i. Any sex offense for which the person is required to register as a sex offender under California Penal Code Section 290 (last 10 years); ii. Arson offenses—Violations of Penal Code Sections 451—455 (last seven years); iii. Violent felonies, as defined in Penal Code Section 667.5, which involve doing bodily harm to another person (last 10 years); or iv. The unlawful sale or furnishing of any controlled substances (last seven years). d. Any owner/operator or staff person is on parole or formal probation supervision on the date of the submittal of the application or at any time thereafter. e. The owner/operator accepts residents, other than a house manager, who are not disabled as defined by the FHAA and FEHA. f. A Special Use Permit for a sober living home shall also be denied upon a determination, and if already issued, any transfer shall be denied or revoked, upon a hearing, by the Director that any of the following additional circumstances exist: i. Any owner/operator or staff person of a sober living home is a recovering drug or alcohol abuser and upon the date of application or employment has had less than one full year of sobriety. ii. The owner/operator of a sober living home fails to immediately take measures to remove any resident who uses alcohol or illegally uses prescription or non- prescription drugs, or who is not actively participating in a legitimate recovery program from contact with all other sober residents. iii. The sober living home, as measured by the closest property lines, is located 97 City of Huntington Beach, CA § 230.28 § 230.28 within 1,000 feet of any other sober living home or State licensed alcoholism or drug abuse recovery or treatment facility. If a State-licensed alcoholism or drug abuse recovery or treatment facility moves within 1,000 feet of an existing sober living home this shall not cause the revocation of the sober living home's permit or be grounds for denying a transfer of such permit. g. For any other significant and/or repeated violations of this section and/or any other applicable laws and/or regulations, including, but not limited to, failure to comply with the provisions of subsections B.1.j. through m. h. Revocation shall not apply to any group home, which otherwise would cause it to be in violation of this section, that has obtained a reasonable accommodation pursuant to HBMC Chapter 17.77. C. Effect of Denial or Revocation of Special Use Permit or Conditional Use Permit 1. Whenever an application for a Special Use Permit or Conditional Use Permit for a Sober Living Facility, Group Home, or similar facility is denied, no other similar application by such applicant or permittee will be considered for a period of five years from the date of the denial of an application. Whenever a permit has been revoked, canceled, or otherwise invalidated, no other similar application by such permittee shall be considered for a period of five years from either the date the notice of the permit revocation was mailed or the date of the final decision of the city to revoke the permit, whichever is later. The prohibitions of this subsection shall also apply to the following: a. Any individual whose Special Use Permit or Conditional Use Permit was revoked or whose application was denied who later becomes a director or officer of a corporation, profit or nonprofit, or a member of a partnership or a person owning or possessing any portion of the shares of a corporation seeking to obtain a Special Use Permit. b. A corporation, profit or nonprofit, whose Special Use Permit or Conditional Use Permit was revoked, or application was denied, to any of its directors or officers or to any person who owned any portion of its shares, who attempts by way of a new corporation or using their individual names or becoming a member of a partnership or a director or officer or a person owning or possessing any portion of the shares in another corporation seeking to obtain a new Special Use Permit or Conditional Use Permit. c. A landowner who illegally leased, rented, sold, or otherwise allowed an individual or corporation to operate a non-permitted Group Home or Sober Living Home. 2. In addition to any other law, no person or entity shall be eligible for and/or receive an operator’s Special Use Permit or Conditional Use Permit if that person or entity, or any director or officer of that entity or a person who owned any portion of that entity's shares, or any financial interest holder of that entity, engaged or engages in unpermitted and/or illegal activity involving medical care, addiction care, addiction recovery, and Group or Sober Home operation, in the five years preceding an application under this chapter or during the application 98 City of Huntington Beach, CA § 230.28 § 230.28 process. A determination of ineligibility may be made by the City Manager and shall be based on the preponderance of the evidence. This prohibition shall not apply to a natural person who would otherwise be ineligible based on a criminal conviction that has been dismissed, withdrawn, expunged or set aside. C. D. Compliance. 1. Existing group homes must apply for a special use permit within 90 days of the effective date of the ordinance codified in this section. 2. Group homes that are in existence upon the effective date of the ordinance codified in this section shall have one year from the effective date of the ordinance codified in this section to comply with its provisions, provided that any existing group home, which is serving more than six residents, must first comply with the six-resident maximum. 3. Existing group homes obligated by a written lease exceeding one year from the effective date of the ordinance, or whose activity involves investment of money in leasehold or improvements such that a longer period is necessary to prevent undue financial hardship, are eligible for up to one additional years grace period pursuant to Planning Division approval. D. E. Transfer of Special Use Permit. A Special Use Permit may not be transferred to any other person or entity. No Special Use Permit issued pursuant to this section shall be transferred or assigned or authorize any person other than the person or entity named in the permit to operate the group home named therein. E. F. A Conditional Use Permit shall be required for and may be granted to allow the operation of a group home, or a residential care facility with seven or more occupants in the RM, RMH, RH, RMP, Specific Plan Residential and Specific Plan Mixed Use Zones subject to the following conditions: 1. As measured from the property line to property line, the group home or sober living home shall be at least 1,000 feet from any other property that contains a group home, sober living home, or State-licensed residential care facility. 2. An application for an Operator's Permit that complies with Chapter 5.110 of the Huntington Beach Municipal Code (HBMC) shall be required for and may be granted to permit the operation of a group home or sober living home. (4216-8/20) 99 LEGISLATIVE DRAFT CHAPTER 5.110 GROUP HOMES § 5.110.010. Definitions. The definitions set forth in Title 20 Chapter 2043 of the ZSO Code shall apply to the provisions of this chapter unless otherwise provided for herein. (4213-8/20) § 5.110.020. Zoning Regulations. In addition to the requirements of this chapter, all group homes subject to this chapter shall comply with the requirements set forth in Title 23 Section 230.28 of the ZSO Code. (4213-8/20) § 5.110.030. Operator's Permit Required. It is unlawful for any person to operate, or to permit any person to operate, a group home on any property located within the RL, RM, RMH, RH, RMP, Specific Plan Residential or Specific Plan Mixed Use zone, without a valid permit issued for that group home pursuant to the provisions of this chapter. (4213-8/20) § 5.110.040. Exceptions. The requirements of this chapter shall not apply to: A. A group home that has six or fewer occupants, not counting a house manager, and that is in compliance with the applicable provisions of Title 23 Section 230.28 of this Code; B. A State licensed alcoholism or drug abuse recovery or treatment facility; or C. A State licensed residential care facility. (4213-8/20) § 5.110.050. Requirements for Issuance of Operator's Permit. A. The owner/operator shall submit an application to the Finance Director that provides the following information: 1. The name, address, phone number and driver's license number of the owner/operator; 2. A LiveScan of the operator and/or house manager; 3. If the applicant and/or operator is a partnership, corporation, firm or association, then the applicant/operator shall provide the additional names and addresses as follows and such persons shall also sign the application: a. Every general partner of the partnership, b. Every owner with a controlling interest in the corporation, and 100 I m IN .. S.EATION. S: Double; Hnd'erline DE ETIONS '. . : c. The person designated by the officers of a corporation as set forth in a resolution of the corporation that is to be designated as the permit holder; 4. The license and permit history of the applicant(s), including whether such applicant(s), in previously operating a similar use in this or another city, county or state under license and/or permit, has had such license and/or permit revoked or suspended, and the reason therefor; 5. The name, address, phone number and driver's license number of the house manager; 6. A copy of the group home rules and regulations; 7. Written intake procedures; 8. The relapse policy; 9. An affirmation by the owner/operator that only residents (other than the house manager) who are disabled as defined by State and Federal law shall reside at the group home; 10. Blank copies of all forms that all residents and potential residents are required to complete; and 11. A fee for the cost of processing of the application as set by resolution of the City Council. B. Requirements for Operation of group Homes. 1. The group home has a house manager who resides at the group home or any multiple of persons acting as a house manager who are present at the group home on a 24-hour basis and who are responsible for the day-to-day operation of the group home. 2. All garage and driveway spaces associated with the dwelling unit shall, at all times, be available for the parking of vehicles. Residents and the house manager may each only store or park a single vehicle at the dwelling unit or on any street within 500 feet of the dwelling unit. The vehicle must be operable and currently used as a primary form of transportation for a resident of the group home. 3. Occupants must not require and operators must not provide "care and supervision" as those terms are defined by Health and Safety Code Section 1503.5 and Section 80001(c)(3) of Title 22, California Code of Regulations. 4. Integral group home facilities are not permitted. Applicants shall declare, under penalty of perjury, that the group home does not operate as an integral use/facility. 5. If the group home operator is not the property owner, written approval from the property owner to operate a group home at the property. 6. At least 48 hours prior to eviction from or involuntary termination of residency in a group home, the operator thereof shall: a. Notify the person designated as the occupant's emergency contact or contact of record that the occupant will no longer be a resident at the home; 101 b. Contact the Orange County Health Care Agency OC Links Referral Line or other entity designated by the City to determine the services available to the occupant, including, but not limited to, alcohol and drug inpatient and outpatient treatment; c. Notify the City's Homeless Task Force or its successor panel that an occupant is no longer a resident at the home, determine the services available therefrom; and d. Provide the information obtained from paragraphs b and c of this subsection (B)(6) and any other treatment provider or service to the occupant prior to his or her release on a form provided by the City and obtain the occupant's signed acknowledgement thereon; e. Provided, however, that if the occupant's behavior results in immediate termination of residency pursuant to rules approved by the City as part of the special use permit for that facility, the operator shall comply with paragraphs a though e of this subsection (B)(6) as soon as possible. 7. Prior to an occupant's eviction from or involuntary termination of residency in a group home, the operator thereof shall also: a. Make available to the occupant transportation to the address listed on the occupant's driver license, state issued identification card, or the permanent address identified in the occupant's application or referral to the group home; b. Provided, however, that should the occupant decline transportation to his or her permanent address or otherwise has no permanent address, then the operator shall make available to the occupant transportation to another group home or residential care facility that has agreed to accept the occupant. 8. The group home operator shall maintain records for a period of one year following eviction from or involuntary termination of residency of an occupant that document compliance with subsections (A)(7) and (A)(8) of this section; provided, however, that nothing herein shall require an operator of a group home to violate any provision of State or Federal law regarding confidentiality of health care information. The group home operator may not satisfy the obligations set forth in subsection (A)(8) by providing remuneration to the occupant for the cost of transportation. 9. All drivers of vehicles picking up or dropping off persons at a group home shall comply with all applicable provisions of this Code and the Vehicle Code, including, but not limited to, those provisions regulating licensure and parking, standing and stopping. 10. The property must be fully in compliance with all building codes, municipal code and zoning. 11. In addition to the regulations outlined above, the following shall also apply to sober living homes: a. All occupants, other than the house manager, must be actively participating in legitimate recovery programs, including, but not limited to, Alcoholics Anonymous or Narcotics Anonymous and the sober living home must maintain 102 current records of meeting attendance. Under the sober living home's rules and regulations, refusal to actively participate in such a program shall be cause for eviction. b. The sober living home's rules and regulations must prohibit the use of any alcohol or any non-prescription drugs at the sober living home or by any recovering addict either on or off site. The sober living home must also have a written policy regarding the possession, use and storage of prescription medications. The facility cannot dispense medications but must make them available to the residents. The possession or use of prescription medications is prohibited except for the person to whom they are prescribed, and in the amounts/dosages prescribed. These rules and regulations shall be posted on site in a common area inside the dwelling unit. Any violation of this rule must be cause for eviction under the sober living home's rules for residency and the violator cannot be re-admitted for at least 90 days. Any second violation of this rule shall result in permanent eviction. Alternatively, the sober living home must have provisions in place to remove the violator from contact with the other residents until the violation is resolved. c. The number of occupants subject to the sex offender registration requirements of Penal Code Section 290 does not exceed the limit set forth in Penal Code Section 3003.5 and does not violate the distance provisions set forth in Penal Code Section 3003. d. The sober living home shall have a written visitation policy that shall preclude any visitors who are under the influence of any drug or alcohol. e. The sober living home shall have a good neighbor policy that shall direct occupants to be considerate of neighbors, including refraining from engaging in excessively loud, profane or obnoxious behavior that would unduly interfere with a neighbor's use and enjoyment of their dwelling unit. The good neighbor policy shall establish a written protocol for the house manager/operator to follow when a neighbor complaint is received. f. The sober living home shall not provide any of the following services as they are defined by Section 10501(a)(6) of Title 9, California Code of Regulations: detoxification; educational counseling; individual or group counseling sessions; and treatment or recovery planning. C. An applicant may seek relief from the strict application of this section by submitting an application to the Community Development Director setting forth specific reasons as to why accommodation over and above this section is necessary under State and Federal laws, pursuant to Chapter 17.77 of this Code. D. The operator's permit shall be issued by the Director if the applicant is in compliance, or, where applicable, has agreed to comply, with the requirements of subsections A and B above. E. In addition to denying an application for failing to comply, or failing to agree to comply, with subsections A and/or B of this section, an operator's permit shall also be denied, and if already issued shall be revoked upon a hearing by the Director, under any of the following 103 circumstances: 1. Any owner/operator or staff person has provided materially false or misleading information on the application or omitted any pertinent information. 2. Any owner/operator or staff person has an employment history in which he or she was terminated during the past two years because of physical assault, sexual harassment, embezzlement or theft; falsifying a drug test; and selling or furnishing illegal drugs or alcohol. 3. Any owner/operator or staff person has been convicted of or pleaded nolo contendere, within the last seven to 10 years, to any of the following offenses: a. Any sex offense for which the person is required to register as a sex offender under California Penal Code Section 290 (last 10 years); b. Arson offenses—Violations of Penal Code Sections 451—455 (last seven years); c. Violent felonies, as defined in Penal Code Section 667.5, which involve doing bodily harm to another person (last 10 years); or d. The unlawful sale or furnishing of any controlled substances (last seven years). 4. Any owner/operator or staff person is on parole or formal probation supervision on the date of the submittal of the application or at any time thereafter. 5. The owner/operator accepts residents, other than a house manager, who are not disabled or disabled as defined by the FHAA and FEHA. 6. An operator's permit for a sober living home shall also be denied, and if already issued shall be revoked upon a hearing by the Director, under any of the following additional circumstances: a. The owner/operator of a sober living home fails to immediately take measures to remove any resident who uses alcohol or illegally uses prescription or non- prescription drugs, or who is not actively participating in a legitimate recovery program from contact with all other sober residents. b. For any other significant and/or repeated violations of this section and/or any other applicable laws and/or regulations. (4213-8/20) § 5.110.060. Transfer of Operator's Permit. A. An operator's permit shall not be valid for a location other than the property for which it is issued, unless and until the transfer of the permit is approved by the Finance Director pursuant to the requirements of Section 5.110.060. B. An operator's permit may not be transferred to any other person or entity. No operator's permit issued pursuant to this chapter shall be transferred or assigned or authorize any person or entity other than the person or entity named in the permit to operate the group home named 104 therein. (4213-8/20) § 5.110.070. Revocation of Operator's Permit. An operator's permit may be revoked upon a hearing by the Finance Director pursuant to Section 5.08.300 for failing to comply with the terms of the permit and/or for failing to comply with the applicable provisions of Section 5.110.050. (4213-8/20) § 5.110.080. Reapplication After Effect of Denial or Revocation. Whenever an application for a permit is denied, no other similar application by such applicant or permittee will be considered for a period of five years from the date of the denial of an application. Whenever a permit has been revoked, canceled, or otherwise invalidated, no other similar application by such permittee shall be considered for a period of five years from either the date the notice of the permit revocation was mailed or the date of the final decision of the city to revoke the permit, whichever is later. The prohibitions of this subsection shall also apply to the following: A. Any individual whose operator’s permit was revoked or whose application was denied who later becomes a director or officer of a corporation, profit or nonprofit, or a member of a partnership or a person owning or possessing any portion of the shares of a corporation seeking to obtain a new operator’s permit. An applicant for an operator's permit whose application for such an operator's permit has been denied may not apply for such an operator's permit for a period of six months from the date such notice of denial was issued. B. A corporation, profit or nonprofit, whose permit was revoked, or application was denied, to any of its directors or officers or to any person who owned any portion of its shares, who attempts by way of a new corporation or using their individual names or becoming a member of a partnership or a director or officer or a person owning or possessing any portion of the shares in another corporation seeking to obtain a new permit. A holder of an operator's permit that has been cancelled, revoked, or otherwise invalidated may not reapply for an operator's or a user's permit for a period of six months from the date that such revocation, cancellation, or invalidation became final. C. A landowner who illegally leased, rented, sold, or otherwise allowed an individual or corporation to operate a non-permitted Group Home or Sober Living Home. § 5.110.085 Ineligibility. In addition to any other law, no person or entity shall be eligible for and/or receive an operator’s permit if that person or entity, or any director or officer of that entity or a person who owned any portion of that entity's shares, or any financial interest holder of that entity, engaged or engages in unpermitted and/or illegal activity involving medical care, addiction care, addiction recovery, and Group or Sober Home operation, in the five years preceding an application under this chapter or during the application process. A determination of ineligibility may be made by the City Manager and shall be based on the preponderance of the evidence. This prohibition shall not apply to a natural person who would otherwise be ineligible based on a criminal conviction that has been dismissed, withdrawn, expunged or set aside. 105 § 5.110.090. Compliance. A group home that is subject to the provisions of this chapter that is in existence as of the effective date of the ordinance codified in this chapter shall have 120 days to comply with the provisions of this chapter. (4213-8/20) 106 City Council Meeting – Council Member Items Report To: City Council From: Pat Burns, Mayor and Don Kennedy, Councilman Date: May 6, 2025 Subject: SOBER LIVING HOME ORDINANCE AMENDMENT 2000 Main Street, Huntington Beach, CA 92648 | www.huntingtonbeachca.gov ISSUE STATEMENT On July 20, 2020, the Huntington Beach City Council adopted the Group Homes Ordinance [Nos. 4214, 4212, 4215, and 4213] amending the Huntington Beach Zoning and Subdivision Ordinance and Municipal Code. The Group Homes Ordinance established regulations for Group Homes, Sober Living Homes, and Residential Care Facilities (together: Group Homes) striking a balance between the interests of the City, its residents, and residents of Group Homes. Effective implementation of the City’s Group Homes Ordinance has been hampered due to a number of sober living homeowners/operators who are either operating without the required permits or are in violation of the conditions outlined in their existing permits. Unpermitted or non- compliant facilities create public safety issues, neighborhood quality of life issues, and the level of care being provided to residents of Group Homes is compromised when the law is not followed. I request the City Attorney and City Manager draft an amendment of the current Group Home Ordinance to ensure greater accountability among sober living homeowners/operators. The intent is to amend the Group Homes Ordinance to prevent owners/operators from applying or re-applying for permit(s) for five years once they have been found to be operating unlawfully. RECOMMENDED ACTION Direct the City Manager and City Attorney to amend the Group Homes Ordinance to prevent owners/operators from applying or re-applying for Group Home permit(s) for five years once they have been found to be operating unlawfully and agendize the Ordinance for Planning Commission review and City Council review and approval. ENVIRONMENTAL STATUS Not applicable. STRATEGIC PLAN GOAL Not Applicable - Administrative Item. 107 CITY OF ~ HUNTINGTON BEACH PLANNING COMMISSION STAFF REPORT SUBMITTED TO: Planning Commission SUBMITTED BY: Jennifer Villasenor, Director of Community Development PREPARED BY: Jason Kelley, Senior Planner SUBJECT: ..title ZONING TEXT AMENDMENT NO. 25-003 (REAPPLICATION PROCESS FOR GROUP HOMES) REQUEST: To amend Section 230.28 (Group Homes) of the Huntington Beach Zoning and Subdivision Ordinance to prohibit a group home from reapplying for permits for five years from the date of the denial or revocation of a permit. LOCATION: Citywide ..body APPLICANT: City of Huntington Beach PROPERTY OWNER: Various RECOMMENDATION: ..recommendation That the Planning Commission take the following actions: A) Find the project exempt from additional environmental review pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act because the request is a minor amendment to the zoning ordinance that does not change the development standards intensity or density. B) Recommend approval of Zoning Text Amendment (ZTA) No. 25-003 to the City Council with suggested findings (Attachment No. 1). ..end ALTERNATIVE ACTION(S): A) Recommend denial of Zoning Text Amendment No. 25-003 with findings for denial; or B) Continue Zoning Text Amendment No. 25-003 and direct staff accordingly. 108 PROJECT PROPOSAL: Background: On July 20, 2020, the City Council adopted the Group Homes Ordinance amending the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) and the Municipal Code (HBMC) to establish regulations for group homes, sober living homes and residential care facilities. Since the adoption of the Ordinance, there have been sober living facilities that are either operating without the required permits or are in violation of the conditions of approval outlined in their permit. To ensure greater accountability among sober living facilities, the City Council directed staff (Attachment No. 6) to draft an amendment to the HBZSO and the HBMC to prevent group homes from applying or reapplying for a permit for five years once they have been found to be operating unlawfully. ZTA No. 25-003 represents a request to amend Section 230.28 of the HBZSO to prohibit a group home from reapplying for permits for five years from the date of the denial or revocation of a permit. A draft City Council ordinance (Attachment No. 2) along with a legislative draft (Attachment No. 4) of the amendment are provided. In the legislative draft, bold and underlined indicates new text; strikeout indicates removal of text. There is an accompanying amendment to Section 5.110 of the HBMC that will be presented to City Council only together with the Planning Commission’s recommendation on ZTA No. 25-003. The draft City Council ordinance (Attachment No. 3) and legislative draft (Attachment No. 5) of the HBMC amendment are provided for reference only and not for Planning Commission review or recommendation. ISSUES AND ANALYSIS: General Plan Conformance: The proposed zoning text amendment is consistent with the policies of the City’s General Plan including: Land Use Element: Policy LU-2(D): Maintain and protect residential neighborhoods by avoiding encroachment of incompatible land uses. Housing Element: Policy H-1.1: Preserve the character, scale, and quality of established residential neighborhoods. The proposed ZTA introduces language to Section 230.28 to strengthen enforcement against unlawful group homes to protect residential neighborhoods and the residents of these facilities. Specifically, the amendment establishes a five-year prohibition on 109 applying or reapplying for a Special Use Permit or Conditional Use Permit for any group home found to be operating in violation of applicable laws or zoning regulations. Additionally, the amendment defines all categories of group home operators — including owners, operators, individuals, corporations, and landowners — to prevent circumvention of the five-year restriction through changes in ownership or management structure. Zoning Compliance: The ZTA amends the HBZSO by introducing regulations for group homes whose permits have been denied or revoked in Section 230.28 (C) Effect of Denial or Revocation of Special Use Permit or Conditional Use Permit. It provides additional reinforcement to hold owners and operators accountable with their uses in residential neighborhoods and ensure a high quality of life for the community as well as residents of these facilities. Environmental Status: ZTA No. 25-003 is categorically exempt pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act because the request is a minor amendment to the zoning ordinance that does not change the development standards intensity or density. Coastal Status: The proposed amendment will be forwarded to the California Coastal Commission as a minor Local Coastal Program Amendment for certification. Other Departments Concerns and Requirements: The proposed amendments to the City’s existing ordinance were prepared with input from the City Attorney’s Office. Public Notification: Legal notice was published in the Huntington Beach Wave on Thursday, July 31, 2025, and notices were sent to individuals/organizations requesting notification (Planning Division’s Notification Matrix). In lieu of sending notices to all property owners within the City, a minimum 1/8 page advertisement was published. As of August 19, 2025, no communication regarding this request has been received. SUMMARY: Staff recommends that the Planning Commission recommend approval of Zoning Text Amendment No. 25-003 with suggested findings and forward to the City Council based on the following: • It addresses a community need to prevent group homes from applying or reapplying for a group home permit for five years once they have been found to be operating unlawfully; and • Consistent with General Plan Policies. ATTACHMENTS: 1. Suggested Findings of Approval – ZTA No. 25-003 2. Draft Ordinance Group Homes – ZTA No. 25-003 110 11 3. Draft Ordinance Chapter 5.110 – Group Homes (Reference Only) 4. Section 230.28 – Group Homes Legislative Draft 5. Chapter 5.110 – Group Homes Legislative Draft (Reference Only) 6. City Council H-Item dated May 6, 2025 7. PowerPoint Presentation 111 ZONING TEXT AMENDMENT NO. 25-003 – GROUP HOMES City Council Meeting September 16, 2025 112 --~ ~--~ --~--·-_--~--~ ~~-·- ----=-= ----=-·-----..... ---------=------ -------=:;;;:::; ----___,., - ~ - REQUEST •Zoning Text Amendment (ZTA) No. 25-003 - Amend Section 230.28 of the HBZSO to prohibit a group home operator from reapplying for permits for five years from the date of the denial or revocation of a permit •An amendment to Municipal Code Chapter 5.110 is also proposed to incorporate the same provisions 113 PURPOSE & BACKGROUND •In July 2020, the City adopted the Group Home Ordinance. •The ordinance established permitting requirements for all types of group home facilities. •Since the adoption, some sober living facilities have been operating without permits or are in violation of the conditions of approval. •In May 2025, City Council directed staff to amend the ordinance to regulate operators in violation of the ordinance. 114 GROUP HOME AMENDMENT •Section 230.28 (C) Effect of Denial or Revocation of Special Use Permit or Conditional Use Permit •Defines all types of group home operators (individual, corporation, landowner) that are subject to the ordinance •Prohibits applying or re-applying for a Special Use Permit or Conditional Use Permit within a five-year period if operator is found in violation of the ordinance 115 RECOMMENDATION •The Planning Commission held a hearing on ZTA No. 25-003 on August 26, 2025. •Planning Commission and staff recommend approval of ZTA No. 25-003 and accompanying Muni Code amendment based on the following: •Exempt from CEQA pursuant to Class 20 – minor admendments •Consistent with General Plan policies •Updates the HBZSO to prevent unlawful operators •Addresses community need to further protect neighborhoods and facility residents from operators in violation of the ordinance 116 Questions? 117 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-770 MEETING DATE:10/7/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Travis Hopkins, City Manager VIA:Marissa Sur, Director of Human Resources PREPARED BY:Marissa Sur, Director of Human Resources Subject: Adopt Resolution No. 2025-62 Approving and Implementing the Memorandum of Understanding with Marine Safety Management Association Statement of Issue: The Tentative Agreement regarding a successor Memorandum of Understanding (MOU) between the City of Huntington Beach and the Marine Safety Management Association (MSMA) was submitted for City Council review and consideration at the September 16, 2025, regular meeting. The proposed MOU is now presented for City Council action as the final step in the meet and confer process. Financial Impact: Pursuant to the terms of the Tentative Agreement with MSMA, the total projected cost of the labor agreement is $94,951 for Fiscal Year (FY) 2024/25; $231,338 in FY 2025/26; $238,860 in FY 2026/27; $137,072 in FY 2027/28. Recommended Action: A) Adopt Resolution No. 2025-62, “Resolution of the City Council of the City of Huntington Beach Approving and Implementing the Memorandum of Understanding Between the Marine Safety Management Association (MSMA) and the City for January 1, 2025, to December 31, 2027;” and B) Authorize the City Manager or designee to take all administrative and budgetary actions necessary for implementation of Resolution No. 2025-62. Alternative Action(s): Do not adopt Resolution No. 2025-62 approving the successor MOU with MSMA and direct staff to continue to meet and confer with MSMA. City of Huntington Beach Printed on 10/1/2025Page 1 of 3 powered by Legistar™ 118 File #:25-770 MEETING DATE:10/7/2025 Analysis: MSMA is a recognized employee association representing approximately 19 full-time employees in the Marine Safety Division. The City and MSMA representatives began meeting in August 2024 to negotiate the terms of a successor MOU, and a Tentative Agreement was reached in August 2025. Salient provisions of the Tentative Agreement between the City and MSMA include: ·Term of three years, expiring December 31, 2027 ·Salary adjustment of three percent (3%) effective the pay period including January 1 each year of the MOU ·Elimination of the Performance Bonus in exchange for a new top step to the salary schedule for each classification and removal of current Step A ·Equity adjustment of ten percent (10%) to the Marine Safety Specialist classification effective July 1, 2025 ·Longevity Pay based on years of service: o 10+ years, but less than 15 years: 2.5% o 15+ years, but less than 20 years: 5% o 20+ years: 7.5% o For employees with part-time service in the Marine Safety Division, 2,000 regular hours worked will equal 1 year of service ·Increase to medical allowance as follows: o Effective the pay period including January 1, 2025: increase by $87 o Effective the pay period including January 1, 2026: increase by $87 o Effective the pay period including January 1, 2027: increase by $87 The total cost of the MSMA MOU is approximately $702,220. If the Council approves adoption of the MOU, City staff will work to implement the terms as soon as practicable. Environmental Status: Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a project. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): City of Huntington Beach Printed on 10/1/2025Page 2 of 3 powered by Legistar™ 119 File #:25-770 MEETING DATE:10/7/2025 1. Summary of MOU Modifications 2. Resolution No. 2025-62 3. Proposed Memorandum of Understanding between the City and MSMA 4. Fiscal Impact Report 5. PowerPoint Presentation City of Huntington Beach Printed on 10/1/2025Page 3 of 3 powered by Legistar™ 120 Tentative Agreement Between the City of Huntington Beach and the Marine Safety Management Association (MSMA) Article # Subject Proposal I Term January 1, 2025 – December 31, 2027 V(A) Salary Schedule – Base Salary Adjustments Effective the pay period including January 1, 2025, employees will receive a base salary increase of three percent (3%). Effective the pay period including January 1, 2026, employees will receive a base salary increase of three percent (3%). Effective the pay period including January 1, 2027, employees will receive a base salary increase of three percent (3%). V(B) Salary Schedules – New Top Step Effective the first full pay period following City Council adoption of this MOU, the existing Performance Bonus shall be replaced with the addition of a new salary step at the top of the salary range. This added step will provide a 5% increase over current Step G. V(C) Salary Schedule – Equity Adjustment Effective July 1, 2025, the Marine Safety Specialist classification will receive a 10% equity adjustment to base salary in addition to the base salary increases provided above. VI(B) Special Pay – Longevity Pay Effective January 1, 2026 - 10+ years, but less than 15 years: 2.5% - 15+ years, but less than 20 years: 5% - 20+ years: 7.5% For employees with part-time service in a marine safety classification, 2,000 regular hours worked shall equate to one year of service. VI(D) Special Pay – Certification Pay (Battalion Chiefs) Update course requirement for the Battalion Chief classification to ICS 300; Chief Officer 3A, 3B, 3C, 3D. Current BCs will be grandfathered. IX(A) Health and Other Insurance Benefits – Maximum Employer Contributions Effective January 1, 2025, the maximum employer contribution will increase by $87 per employee. Effective January 1, 2026, the maximum employer contribution will increase by $87 per employee. Effective January 1, 2027, the maximum employer contribution will increase by $87 per employee. 121 122 RESOLUTION NO. 2025-62 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE MARINE SAFETY MANAGEMENT ASSOCIATION (MSMA) AND THE CITY FOR JANUARY 1, 2025, THROUGH DECEMBER 31, 2027 The City Coimcil of the City of Huntington Beach does resolve as follows: The Memorandum of Understanding between the City ofl-Iuntington Beach and the Marine Safety Management Association (MSMA), a copy of which is attached hereto as Exhibit "A" and by reference made a part hereof, is hereby approved and ordered implemented in accordance with the terms and conditions thereof; and the City Manager is authorized to execute this Agreement. Such Memorandum of Understanding shall be effective for the term of January 1, 2025, through December 31, 2027. PASSED AND ADOPTED by the City Coimcil of the City of Huntington Beach at a regular meeting thereof held on the __ day of _____ , 2025. Mayor REVIEWED AND APPROVED: APPROVED AS TO FORM: City Manager City Attorney INITIATED AND APPROVED: Director of Fiuman Resotii:c~s 25-17088/390138 Memorandum of Understanding Between Marine Safety Management Association and City of Huntington Beach January 1, 2025 – December 31, 2027 123 MARINE SAFETY MANAGEMENT ASSOCIATION MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS MSMA MOU January 1, 2025 – December 31, 2027 i PREAMBLE ................................................................................................................... 1 ARTICLE I – TERM OF MOU ........................................................................................ 1 ARTICLE II – REPRESENTATIONAL UNIT/CLASSIFICATIONS .................................. 1 ARTICLE III – MANAGEMENT RIGHTS ....................................................................... 2 ARTICLE IV – EXISTING CONDITIONS OF EMPLOYMENT ........................................ 2 ARTICLE V – SEVERABILITY ....................................................................................... 2 ARTICLE VI – SALARY SCHEDULES .......................................................................... 2 ARTICLE VII – SPECIAL PAY ........................................................................................ 3 A. EDUCATION .............................................................................................................. 3 B. LONGEVITY .............................................................................................................. 4 C. ACTING ASSIGNMENT PAY ..................................................................................... 5 D. CERTIFICATION PAY ................................................................................................ 5 E. HOLIDAY PAY ........................................................................................................... 6 F. BILINGUAL SKILL PAY .............................................................................................. 7 G. EFFECTIVE DATE OF SPECIAL PAY ....................................................................... 7 H. NO PYRAMIDING OF SPECIAL PAY ....................................................................... 7 I. REPORTING TO PERS ............................................................................................ 7 ARTICLE VIII – UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT ......................... 8 A. GENERAL POLICY ................................................................................................... 8 B. AFFECTED EMPLOYEES ........................................................................................ 8 C. PERSONAL PROTECTIVE EQUIPMENT ................................................................. 8 D. EMPLOYEE RESPONSIBILITIES ............................................................................ 8 E. REPORTABLE TO CALPERS ................................................................................... 8 ARTICLE IX – HOURS OR WORK/OVERTIME ............................................................ 9 A. WORK SCHEDULE .................................................................................................. 9 B. HOURS OF WORK DEFINED .................................................................................. 9 C. OVERTIME/COMPENSATORY TIME ....................................................................... 9 1. Paid Overtime .................................................................................................................... 9 2. Compensatory Time ......................................................................................................... 10 3. Court Time ........................................................................................................................ 10 D. STANDBY ............................................................................................................... 10 E. ON-CALL ................................................................................................................ 10 ARTICLE X – HEALTH AND OTHER INSURANCE BENEFITS ................................. 10 A. HEALTH .................................................................................................................. 10 1. CALPERS PEMHCA ......................................................................................................... 11 2. Dental Insurance .............................................................................................................. 12 3. Retiree (Annuitant) Coverage .......................................................................................... 12 4. Additional Costs for Participation in the PEMHCA Program ............................................ 13 124 MARINE SAFETY MANAGEMENT ASSOCIATION MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS MSMA MOU January 1, 2025 – December 31, 2027 ii B. MEDICAL CASH-OUT ............................................................................................ 14 C. SECTION 125 EMPLOYEE PLAN .......................................................................... 14 D. LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT (AD & D) INSURANCE 14 E. LONG TERM DISABILITY INSURANCE ................................................................. 15 ARTICLE XI – RETIREMENT ...................................................................................... 15 A. CALPERS SAFETY “CLASSIC” MEMBER RETIREMENT BENEFITS ........................ 15 1. CalPERS Safety “Classic Member” Retirement Formula ....................................................... 15 2. CalPERS Safety “Classic Member” Final Compensation ....................................................... 16 3. CalPERS Safety “Classic Member” Contribution ................................................................... 16 4. CalPERS Safety “Classic Member” Cost Sharing .................................................................. 16 B. CALPERS SAFETY “NEW MEMBER” RETIREMENT BENEFITS ............................... 16 1. CalPERS Safety “New Member” Retirement Formula ........................................................... 16 2. CalPERS Safety “New Member” Final Compensation ........................................................... 16 3. CalPERS Safety “New Member” Contribution ........................................................................ 17 4. CalPERS Safety “New Member” Cost Sharing ...................................................................... 17 C. IRS CODE SECTION 414(H)(2) .................................................................................. 17 D. SELF FUNDED SUPPLEMENTAL RETIREMENT BENEFIT ....................................... 17 E. HEALTH SAVINGS ACCOUNT FOR POST RETIREMENT MEDICAL BENEFITS ...... 17 F. PRE-RETIREMENT OPTIONAL SETTLEMENT 2 DEATH BENEFIT .......................... 18 G. 1959 SURVIVORS’ BENEFIT LEVEL IV ..................................................................... 18 H. MEDICAL INSURANCE FOR RETIREES ................................................................... 18 ARTICLE XII – LEAVE BENEFITS .............................................................................. 18 A. GENERAL LEAVE ........................................................................................................ 18 1. Purpose .................................................................................................................................. 18 2. Anniversary Date .................................................................................................................... 18 3. Accrual .................................................................................................................................... 18 4. Eligibility and Approval ............................................................................................................ 19 5. Leave Conversion to Cash ..................................................................................................... 19 6. Deferred Compensation/Leave Cash-Out .............................................................................. 19 7. Pay-Off at Separation from Employment ................................................................................ 20 B. VACATION ................................................................................................................... 20 1. Accrual .................................................................................................................................... 20 2. Eligibility and Permission ........................................................................................................ 20 C. SICK LEAVE ................................................................................................................. 20 D. FAMILY LEAVE BENEFIT ENTITLEMENTS ................................................................. 20 E. BEREAVEMENT LEAVE ............................................................................................... 21 F. VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM ................................. 21 ARTICLE XIII – CITY RULES ...................................................................................... 21 ARTICLE XIV – MISCELLANEOUS ............................................................................ 21 A. SALARY UPON APPOINTMENT .................................................................................. 21 125 MARINE SAFETY MANAGEMENT ASSOCIATION MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS MSMA MOU January 1, 2025 – December 31, 2027 iii B. PHYSICAL EXAMINATIONS ........................................................................................ 21 C. CONDITIONING TIME .................................................................................................. 21 D. 1,500 HOUR RECURRENT EMPLOYEES ................................................................... 22 E. COLLECTION OF PAYROLL OVERPAYMENTS .......................................................... 22 F. GRIEVANCE HEARING COST SHARING .................................................................... 22 G. PERSONNEL RULE 19 MODIFICATION ...................................................................... 22 H. UPDATE EMPLOYEE-EMPLOYER RELATIONS RESOLUTION (EERR) .................... 22 I. MODIFIED RETURTN TO WORK POLICY .................................................................. 23 J. CONTROLLED SUBSTANCE AND ALCOHOL TESTING ............................................. 23 ARTICLE XV – CITY COUNCIL APPROVAL .............................................................. 24 EXHIBIT A – MSMA SALARY SCHEDULE ................................................................. 25 EXHIBIT B – SERVICE CREDIT SUBSIDY PLAN ...................................................... 26 EXHIBIT C – MODIFICATIONS TO EMPLOYEE – EMPLOYER RELATIONS RESOLUTION ............................................................................................................... 29 EXHIBIT D – MODIFICATIONS TO PERSONNEL RULE 19 ...................................... 31 EXHIBIT E – VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM ......... 34 126 MSMA MOU January 1, 2025 – December 31, 2027 1 MEMORANDUM OF UNDERSTANDING Between THE CITY OF HUNTINGTON BEACH (Hereinafter called CITY) And THE HUNTINGTON BEACH MARINE SAFETY MANAGEMENT ASSOCIATION (Hereinafter called ASSOCIATION or MSMA) PREAMBLE WHEREAS, pursuant to California law, the City and the representatives of the Association, a duly recognized employee association, have met and conferred in good faith and reached a full agreement concerning wages, hours, and other terms and conditions of employment. WHEREAS, except as otherwise expressly provided herein, all terms and conditions of this Agreement shall apply to all employees represented by the Association, and WHEREAS, the representatives of the City and Association desire to reduce their agreements to writing, NOW THEREFORE, this Memorandum of Understanding is made, to become effective January 1, 2025, and is agreed as follows: ARTICLE I – TERM OF MOU This Memorandum of Understanding shall be in effect for a term commencing on January 1, 2025, and ending at midnight on December 31, 2027. No further improvements or changes in the salaries and monetary benefits of the employees represented by the Association shall take effect during the term of this agreement, and the Association expressly waives any right to request any improvements or c hanges in salaries or monetary benefits for the employees represented by the Association which would take effect prior to December 31, 2027, and the City of Huntington Beach, through its representatives, shall not be required to meet and confer as to any such request. ARTICLE II – REPRESENTATIONAL UNIT/CLASSIFICATIONS It is recognized that the Marine Safety Management Association is the employee organization, which has the right to meet and confer in good faith with the City on behalf of the employees of the Huntington Beach Fire Department within the following classification and assignment titles: Marine Safety Battalion Chief Marine Safety Captain Marine Safety Specialist 127 MARINE SAFETY MANAGEMENT ASSOCIATION MSMA MOU January 1, 2025 – December 31, 2027 2 ARTICLE III – MANAGEMENT RIGHTS The parties agree that the City has the right to unilaterally make decisions on all matters outside the scope of bargaining. Furthermore, except as expressly abridged or modified herein, the City retains all rights, powers and authority with respect to the management and direction of the performance of marine safety services and the work forces performing such services, provided that nothing herein shall change the City’s obligation to meet and confer as to the effects of any such management decision upon wages, hours and terms and conditions of employment or be construed as granting the Fire Chief or the City the right to make unilateral changes in wages, hours and terms and conditions of employment. Such rights include, but are not limited to, consideration of the merits, necessity, level or organization of City services, including establishing staffing requirements, overtime assignments, number and location of work stations, nature of work to be performed, contracting for any work or operation, reasonable employee performance standards, including reasonable work and safety rules and regulations in order to maintain the efficiency and economy desirable for the performance of City services. The parties agree to meet and confer during the term of this agreement on revisions, changes, modifications and additions to the Personnel Rules and/or Department Rules when requested by City. ARTICLE IV – EXISTING CONDITIONS OF EMPLOYMENT Except as otherwise expressly provided herein, the adoption of this Memorandum of Understanding shall not change existing benefits and terms and conditions of employment which have been established in prior Memoranda of Understanding between the City and the Association. ARTICLE V – SEVERABILITY If any section, subsection, sentence, clause, phrase or portion of this MOU or any additions or amendments thereof, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this MOU or its application to other persons. The City Council hereby declares that it would have adopted this MOU and each section, subsection, sentence, clause, phras e or portion, and any additions or amendments thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions, or the application thereof to any person, be declared invalid or unconstitutional. ARTICLE VI – SALARY SCHEDULES All employees are required to utilize direct deposit of payroll checks. The City shall issue each employee direct deposit advice (payroll receipt) each pay period that details all income, withholdings, and deductions. 128 MARINE SAFETY MANAGEMENT ASSOCIATION MSMA MOU January 1, 2025 – December 31, 2027 3 A. Base Salary Adjustments For each year of this MOU, the base salary of each classification represented by the Association shall be increased as set forth below, and reflected in Exhibit A,. 1. Effective the pay period including January 1, 2025, employees shall receive a base salary increase of three percent (3%). 2. Effective the pay period including January 1, 2026, employees shall receive a base salary increase of three percent (3%). 3. Effective the pay period including January 1, 2027, employees shall receive a base salary increase of three percent (3%). B. New Top Step Effective the first full pay period following City Council adoption of this MOU, the existing Performance Bonus shall be replaced with the addition of a new salary step at the top of the salary range. This added step will provide a five percent (5%) increase over current Step G. The parties agree to remove the current Step A to continue to provide for a seven -step salary schedule. C. Equity Adjustment to Marine Safety Specialist Classification Effective July 1, 2025, the Marine Safety Specialist classification will receive a one-time ten percent (10%) equity adjustment to base salary in addition to the salary adjustment provided in Section A of this Article. ARTICLE VII – SPECIAL PAY A. Education 1. Incentive Plan – It is the purpose and intent of the City to provide an Education Incentive Plan to motivate the employee to participate in, and continue with their education so as to improve their knowledge and general proficiency which will, in turn, result in additional benefits to the Fire Department and to the City. As the levels of additional education listed below are satisfactorily completed and attained, the employee will receive additional monetary compensation in recognition of their educational achievement. a. Level I – Any employee who has attained an Associate Degree, or attained Junior status in a degree program, shall receive educational incentive pay of three percent (3%) of their base rate of pay. b. Level II – Any employee who has attained a Bachelor's Degree shall receive education incentive pay of six percent (6%) of their base rate of pay. 129 MARINE SAFETY MANAGEMENT ASSOCIATION MSMA MOU January 1, 2025 – December 31, 2027 4 c. Maximum Education Incentive Pay – The maximum education incentive pay an employee may receive is six percent (6%) of their base rate of pay. An employee may only receive this education incentive pay for one degree. d. Degree Majors - Degree majors will be reviewed and approved by the Fire Chief to ensure that it will enhance the employee’s ability to do their job. For current employees seeking additional degrees, the course of study will be reviewed and approved by the Fire Chief in advance. Appeals may be directed to the Director of Human Resources for final determination. e. Effective Date – Following approval, the additional education incentive pay shall commence the beginning of the pay period following the employee's submission of a completed application that qualifies for education incentive pay. 2. All employees who were hired before September 19, 2005, and were still employed with the City as of April 1, 2016, who do not possess the degrees listed above shall continue to receive the education incentive pay in effect as of September 19, 2005. Such pay shall not increase unless an employee obtains one of the degrees listed above. In the event an employee obtains an Associate or Bachelor’s degree, only the special pay in sections 1a and 1b shall apply, respectively, and the following Education Incentive Level Plan shall no longer apply: Education Incentive Level College Units Maximum Training Points Years of Service Continuing Education College Units Required Annually Monthly Amount 1 30 10 1 6 $ 50 2 60 20 2 3 75 3 90 30 2 3 100 4 120 3 3 150 5 150 4 0 150 The parties agree that to the extent permitted by law, the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(2) Educational Incentive. B. Longevity Pay Effective January 1, 2026, all bargaining unit members shall be eligible to receive the following longevity pay: 1. Ten (10) years or more, but less than fifteen (15) years, of service shall be eligible to receive longevity pay equal to two and one-half percent (2.5%) of base salary. 2. Fifteen (15) years or more, but less than twenty (20) years, of service in the Marine Safety Division shall receive longevity pay equal to five (5%) of base salary. 3. Twenty (20) years or more of service shall receive longevity pay equal to seven and one-half percent (7.5%) of base salary. 130 MARINE SAFETY MANAGEMENT ASSOCIATION MSMA MOU January 1, 2025 – December 31, 2027 5 4. For employees with part-time service in a marine safety classification, 2,000 regular hours worked shall equate to 1 year of service. [Example, an employee who averaged 1,200 regular hours (excluding overtime) for 5 years, will be credited with 3 years of service (1,200 x 5 = 6,000)]. There shall be no pyramiding of this special pay. Unit members shall only receive one (1) Longevity Pay under this provision. The maximum amount of Longevity Pay that a member may receive is seven and one-half percent (7.5%). The parties agree that to the extent permitted by law, Longevity Pay is special compensation and shall be reported as “compensation earnable” pursuant to Title 2 CCR,Section 571(a)(1) and a “pensionable compensation” pursuant to Section 571.1 (b)(1) - Longevity Pay. C. Acting Assignment Pay 1. When formally assigned to perform in an acting capacity in the absence of the Marine Safety Division Chief, a Marine Safety Battalion Chief shall be compensated for each full hour worked at the rate of twelve and one -half percent (12.5%) of the employee’s base hourly rate of pay. 2. Acting Marine Safety Division Chief selection shall be made at the discretion of the Fire Chief or designee, and seniority will not be the controlling criteria. The parties agree that to the extent permitted by law, the compensation in the section is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(3) (Premium Pay) Temporary Upgrade Pay. This pay is only reported to CalPERS for employees who are “classic” employees per the Public Employees’ Pension Reform Act. D. Certification Pay 1. Marine Safety Specialist – Employees in this classification shall not be eligible for Certification Pay. 2. Marine Safety Captain – Employees classified as Marine Captain shall receive five percent (5%) above their base hourly rate for maintaining active certification in all of the following: SCUBA/Rescue, ICS (Incident Command System) 100 and 200; Instructor 1 and Instructor 2; SCUBA/Dry Suit; and Instructor Emergency Response Red Cross. 3. Marine Safety Battalion Chief – Employees classified as Marine Safety Battalion Chief shall receive five percent (5%) above their base hourly rate for maintaining active certification in all of the following: ICS (Incident Command System) 300; Chief Officer 3A, 3B, 3C and 3D. Employees receiving Certification Pay for Company Officer 2A, 2B, and 2D certification at the time of City Council approval 131 MARINE SAFETY MANAGEMENT ASSOCIATION MSMA MOU January 1, 2025 – December 31, 2027 6 of this MOU may use those certifications as a substitute for the Chief Officer 3A - 3D certifications, above. Employees who have completed classes under the previous State Fire Marshal’s course track will be eligible to receive the Special Certification Pay upon confirmation of the Fire Chief. The parties agree that to the extent permitted by law, the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(2) Educational Incentive. E. Holiday Pay The pay granted to members of this unit under this section is additional compensation for employees who are normally required to work on an approved holiday, because the classification of Marine Safety Captain, Marine Safety Battalion Chief, and Marine Safety Specialist are positions that require staffing without regard to holidays. 1. Holidays Worked Employees who are required to work on a specified City holiday shall receive Holiday Pay in addition to the Holiday In-Lieu Pay set forth herein equal to the overtime rate for all hours worked. 2. Holiday Pay In-Lieu In addition to regular compensation, employees shall receive, each month, one - twelfth (1/12) of the total holiday hours (80) earned for the year. The following are the recognized legal holidays under this MOU: 1. New Year’s Day 2. Martin Luther King Birthday Holiday 3. Presidents’ Day 4. Memorial Day 5. Independence Day 6. Labor Day 7. Veterans Day 8. Thanksgiving Day 9. Day After Thanksgiving 10. Christmas Day Any day declared by the President of the United States to be a national holiday, or by the Governor of the State of California to be a State holiday, and adopted as an employee holiday by the City Council of Huntington Beach. 132 MARINE SAFETY MANAGEMENT ASSOCIATION MSMA MOU January 1, 2025 – December 31, 2027 7 The parties agree that to the extent permitted by law, Holidays Worked and Holiday In-Lieu Pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(5) Holiday Pay. F. Bilingual Skill Pay Employees whose bilingual skills are qualified, in accordance with the most current Huntington Beach Marine Safety Manual Policy A-10, shall be paid an additional five percent (5%) of their base rate of pay in addition to their bi-weekly salary. Eligibility for bilingual pay shall be limited to the following languages: Spanish, Vietnamese, French, German, Japanese, and sign language. In order to be qualified and certified for said compensation, employee’s language proficiency will be tested and certified by the Director of Human Resources or designee. Basic conversational proficiency will be evaluated based on response to a scenario driven oral evaluation. The Human Resources Department will notify candidates of the results of the oral evaluation. If the candidate’s attempt is unsuccessful, they may repeat the process in six (6) months’ time from the date of the previous exam. Bilingual skill pay shall begin the first day of the pay period following certification. The parties agree that to the extent permitted by law, Bilingual Skill Pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) Bilingual Premium. G. Effective Date of Special Pay All special pay shall be effective the first full pay period following certification and verification as approved by the Fire Chief or designee. H. No Pyramiding of Special Pay Each special pay that is a percentage of base hourly pay shall not be counted towards the value of any other special pay. I. Reporting to PERS Pursuant to state law and regulations, compensation paid as a result of this Article shall be reported to the California Public Employees’ Retirement System (CalPERS) as special compensation. In the event that CalPERS challenges the City’s report of any special compensation as compensation earnable and informs the City that it cannot not report the pay since it does not qualify as special compensation per Title 2 CCR section 571, the City is not obligated to continue to report the pay. This is provided for per Title 2 Section 571(c) & (d). 133 MARINE SAFETY MANAGEMENT ASSOCIATION MSMA MOU January 1, 2025 – December 31, 2027 8 ARTICLE VIII- UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT A. General Policy The City will provide uniforms to all employees on active duty who are required to wear a standard uniform for appearance, uniformity, and public recognition purposes. B. Affected Employees All employees shall wear a standard City uniform, as provided by the City of Huntington Beach Fire Department. The Fire Chief shall determine which employees must wear a uniform. C. Personal Protective Equipment All personal protective equipment shall be provided based on employee safety needs for the performance of duties as approved by the Fire Chief. D. Employee Responsibilities 1. Wear a clean and complete uniform as required. 2. Uniform appearance shall be worn with pride in appearance to the public (i.e., shirt buttoned, shirt tail tucked in, etc.). 3. Wash and provide minimum repair (i.e., buttons, small tears, etc.). 4. Not wear the uniform for other than City duties or work. 5. Notify supervisor of the need to replace due to disrepair or severe staining producing an undesirable appearance. 6. Turn in all uniform components, including patches, upon separation from employment. 7. Turn in all personal protective equipment upon separation from employment. 8. Wear all personal protective equipment prescribed by the City safety officer and/or Supervisor of the division. E. Reportable to CalPERS 1. The City will report to CalPERS the average annual cost of uniforms for each employee as special compensation in accordance with Title 2, California Code of Regulations, Section 571(a)(5) Uniform Allowance. For employees who are not required to wear a uniform on a daily basis or who are not actively employed for 134 MARINE SAFETY MANAGEMENT ASSOCIATION MSMA MOU January 1, 2025 – December 31, 2027 9 an entire payroll calendar year, a prorated cost of uniforms shall apply. This provision shall apply to “classic” members as defined by the Public Employees’ Pension Reform Act of 2013 (PEPRA). The cost of uniforms reported to CalPERS shall be based on classification, and for 2025 is as follows: Classification Bi-Weekly Amount Marine Safety Specialist $28.77 Marine Safety Captain $28.77 Marine Safety Battalion Chief $31.86 2. For “new members” as defined by PEPRA, the cost of uniforms will not be reported as compensation earnable to CalPERS. ARTICLE IX – HOURS OF WORK/OVERTIME A. Work Schedule 1. The 4/10 work schedule shall be defined as working four (4) days, ten (10) hours per day, for a total of (40) hours per week, twenty-eight (28) day work period consistent with the 7(K) exemption set forth in the Fair Labor Standards Act (FLSA). 2. The 4/10 work schedule is designed to be in compliance with the requirements of the FLSA. All employees on the 4/10 work schedule are subject to be called to work any time to meet any and all emergencies or unusual conditions which, in the opinion of the City Manager, Fire Chief, or their designee, may require such service from any of said employees. B. Hours of Work – Defined For purposes of this article, calculating overtime, general leave, previously accrued vacation, sick leave and compensatory time shall count as hours worked. C. Overtime/Compensatory Time 1. Paid Overtime a. All employees covered by this MOU shall be eligible for overtime pay at one and one-half (1 ½) times their regular rate of pay, as defined by the FLSA, for all actual work performed in excess of the employees’ scheduled hours in their declared work period. b. Regular rate of pay is defined as the employee’s base hourly rate of pay plus their eligible special pays. 135 MARINE SAFETY MANAGEMENT ASSOCIATION MSMA MOU January 1, 2025 – December 31, 2027 10 2. Compensatory Time Employees may elect to receive compensatory time off that may be earned to a maximum of one hundred twenty (120) hours in lieu of such overtime pay. Employees may convert up to sixty (60) hours of compensatory time to cash at the employee’s regular rate of pay once per calendar year. 3. Court Time a. Court Standby Employees required to be on standby for a court appearance during other than their scheduled working hours shall receive a minimum of two (2) hours of their regular rate of pay for each morning and afternoon court sessions. b. Court Appearance Employees required to appear in court during other than their scheduled working hours shall receive a minimum of three (3) hours at the overtime rate. D. Standby Employees who are authorized to be on standby status by their Supervisor shall be compensated two (2) hours at the overtime rate for each eight (8) hour standby period, or any part thereof. A Supervisor shall notify an available employee, in advance, of the need to be on standby status. E. On-Call A minimum of two (2) employees will be scheduled to be on-call shall be compensated two (2) hours at the straight pay rate per night. Employees assigned on -call during holidays will receive three (3) hours at the straight pay rate per night. On -call assignments and assignment duration shall be determined by operational schedules. On-call assignment shall not overlap the normal operational period. ARTICLE X – HEALTH AND OTHER INSURANCE BENEFITS A. Health The City shall continue to make available group medical, dental and vision benefits to all association employees. The effective date for medical, dental and vision coverage is the first of the month following date of hire. Effective the first of the month following the employee’s date of hire, any required employee payroll deduction shall begin with the first full pay period following the effective date of coverage and shall continue through the end of the month in which the employee separates, unless oth erwise 136 MARINE SAFETY MANAGEMENT ASSOCIATION MSMA MOU January 1, 2025 – December 31, 2027 11 precluded by CalPERS PEMHCA. All employee contributions shall be deducted on a pre-tax basis. A copy of the medical, dental and vision plan brochures may be obtained from the Human Resources Department. 1. California Public Employees’ Retirement System – Public Employees’ Medical and Hospital Care Act (CalPERS PEMHCA) The City presently contracts with CalPERS to provide medical coverage. The City is required under CalPERS PEMHCA to make a contribution to retiree medical premiums. A retiree’s right to receive a City contribution, and the City’s obligation to make payment on behalf of retirees, shall only exist as long as the City contracts with CalPERS for medical insurance. In addition, while the City is in CalPERS, its obligations to make payments on behalf of retirees shall be limited to the minimum payment required by law. a. PEMHCA Employer Contributions The City shall contribute on behalf of each employee, the mandated minimum sum as required per month toward the payment of premiums for medical insurance under the PEMHCA program. As the mandated minimum is increased, the City shall make the appropriate adjustments by decreasing its flex benefits contribution accordingly as defined in the following sub-section. b. Maximum Employer Contributions Toward Flex Benefits For the term of this Agreement, the City’s maximum monthly employer contribution for each employee’s medical and vision insurance premiums are set forth as follows: i. Employee only (“EE”) – The cost of the premium up to a maximum of $769.16. Effective the pay period including January 1, 2025, the City agrees to increase the maximum employer contribution amount for EE coverage, but not higher than $856.16 per month. Effective the pay period including January 1, 2026, the City agrees to increase this amount, but not higher than $943.16 per month. Effective the pay period including January 1, 2027, the City agrees to increase this amount, but not higher than $1,030.16. ii. Employee + one dependent (“EE + 1”) – The cost of the premium up to a maximum of $1,492.28. Effective the pay period including January 1, 2025, the City agrees to increase the maximum employer contribution amount for EE + 1 coverage, but not higher than $1,579.28 per month. Effective the pay period including January 1, 2026, the City agrees to increase this amount, but not higher than $1,666.28 per month. Effective the pay period 137 MARINE SAFETY MANAGEMENT ASSOCIATION MSMA MOU January 1, 2025 – December 31, 2027 12 including January 1, 2027, the City agrees to increase this amount, but not higher than $1,753.28. iii. Employee + two or more dependents (“EE + 2”) – The cost of the premium up to a maximum of $1,828.28. Effective the pay period including January 1, 2025, the City agrees to increase the maximum employer contribution for EE + 2 coverage, but not higher than $1,915.28 per month. Effective the pay period including January 1, 2026, the City agrees to increase the amount for EE + 2 coverage, but not higher than $2,002.28 per month. Effective the pay period including January 1, 2027, the City agrees to increase the amount for EE + 2 coverage, but not higher than $2,089.28. iv. The City shall also pay up to $22.76 per month for each employee for the VSP Vision Plan. The maximum City contribution shall be based on the employee’s enrollment in each plan. The parties agree that the required PEMHCA contribution (i.e., the annual PEMHCA statutory minimum) is included in this sum stated in the sub - section above. If the employee enrolls in a plan wherein the costs exceed the City contribution, the employee is responsible for all additional premiums through pre - tax payroll deductions. 2. Dental Insurance The annual maximum benefit for the Delta Dental PPO plan is $2,000.00 a. The maximum monthly City contribution for dental insurance for the Delta Dental PPO plan shall be as follows: 1) employee only (“EE”) - $57.86; 2) employee plus one dependent (“EE + 1”) - $108.02; 3) employee plus two or more dependents (“EE + 2”) - $142.36. b. The maximum monthly City contribution for dental insurance for the Delta Care HMO plan shall be as follows: 1) employee only (“EE”) - $25.77; 2) employee plus one dependent (“EE” + 1”) - $43.81; 3) employee plus two or more dependents (“EE + 2”) - $67.00. 3. Retiree (Annuitant) Coverage As required by the Government Code, retired employees (annuitants) shall have available the ability to participate in the PEMHCA program. The City’s requirement to provide retirees and/or annuitants medical coverage is solely governed by the Government Code that requires the City to extend this benefit to retirees (annuitants). While the City is contracted with CalPERS to participate in the PEMHCA program, CalPERS shall be the sole determiner of eligibility for retiree and/or annuitant to participate in the PEMHCA program. 138 MARINE SAFETY MANAGEMENT ASSOCIATION MSMA MOU January 1, 2025 – December 31, 2027 13 a. City Contribution (Unequal Contribution Method) for Retirees As provided by the Government Code and the CalPERS Board, and requested by the Association, the City shall use the Unequal Contribution Method to make City contributions on behalf of each retiree or annuitant. The starting year for the Unequal Contributions Method is 2004 at $1.00 per month. The City’s contribution for each annuitant shall be increased annually by five percent (5%) of the monthly contribution for employees, until such time as the contributions are equal. The Service Credit Subsidy will be reduced every January 1st by an amount equal to any required amount to be paid by the City on behalf of the retiree (annuitant). The City shall make these payments only while the City is a participant in the PEMHCA program. b. Termination of Participation in the CalPERS PEMHCA Program – Impact to Retirees The City’s requirement to provide retirees (annuitants) medical coverage is solely governed by the Government Code requirement that PEMHCA agencies extend this benefit to retirees (annuitants). If by agreement between the Association and the City or if the City elects to impose termination of its participation in the PEMHCA program, retirees (annuitants) shall no longer be eligible for City provided medical insurance. In the event that the City terminates its participation in the PEMHCA program, the retiree medical subsidy program in place in Resolution No. 2000-123 Exhibit D to the Memorandum of Understanding shall be reinstated. The City shall make any necessary modifications to conform to the new City sponsored medical insurance plan. 4. Additional Costs for Participation in the PEMHCA Program a. Retiree and/or Annuitant Coverage The Association shall pay to the City an amount equal to $1.00 per month for each additional retiree and/or annuitant in the bargaining unit who elects to participate in the PEMHCA plan but is not participating in the City sponsored retiree medical program as of the beginning of a pay period after the PEMHCA program is in place. Each January 1st the amount per month paid to the City for each retiree and/or annuitant described above shall increase by the amount PEMHCA requires the City to pay on behalf of each retiree (annuitant). Article IX.A.3.a. provides an example of expected payments per retiree or annuitant per month. In the event of passage of State Legislation, Judicial Rulings, or CalPERS Board Actions that increases the mandatory minimum monthly contribution for retirees (annuitants), the Association shall pay an equal amount to the City. 139 MARINE SAFETY MANAGEMENT ASSOCIATION MSMA MOU January 1, 2025 – December 31, 2027 14 Payments shall be made the first of the month (following imp lementation). If the Association fails to make timely payments for two consecutive months, the City shall implement a decrease in the supplemental benefit contribution to health insurance for each unit employee by an amount equal to the total increased cost paid by the City. [For example, if the increased cost for retirees equals $6,000 per year, the monthly supplemental benefit for each employee will be decreased as follows: $6,000 divided by twelve (months) = $500, which is then divided by the number of employees receiving supplemental benefits]. b. Termination Clause The City and Association may each request termination of the City’s contract with CalPERS after the announcement of State Legislation, Judicial Rulings, or a CalPERS Board Action that changes the employer’s contribution, insurance premiums or program changes to the CalPERS medical plan. The City and Association may elect to terminate its participation in the CalPERS PEMHCA program by mutual agreement through the meet and confer process between the Association and the City. B. Medical Cash-Out If an employee is covered by a medical program outside of a City-provided program (evidence must be supplied to the Human Resources Department), the employee may elect to discontinue City medical coverage and receive three hundred twenty two dollars and sixty one cents ($322.61) bi-weekly to deposit into a deferred compensation account or any other pre-tax program offered by the City, so long as the contribution is in accordance with applicable Internal Revenue Code of regulations. C. Section 125 Employee Plan The City shall provide an Internal Revenue Code section 125 employee plan that allows employees to use pre-tax salary to pay for regular childcare, adult dependent care and/or unreimbursed medical expenses as determined by the Internal Revenue Code. D. Life and Accidental Death and Dismemberment (AD&D) Insurance Coverage The City will provide fifty thousand dollars ($50,000) of term life insurance and fifty thousand dollars ($50,000) of AD&D insurance coverage for each employee at the City’s cost, without evidence of insurability other than evidence of full -time employment status. Optional insurance is available at the employee's own cost. 140 MARINE SAFETY MANAGEMENT ASSOCIATION MSMA MOU January 1, 2025 – December 31, 2027 15 E. Long Term Disability Insurance 1. This program provides, for each incident of illness or injury, a waiting period of thirty (30) calendar days, during which the employee may use accumulated sick leave, general leave pay, or the employee may elect to be in an unpaid status. Subsequent to the thirty (30) day waiting period, the employee will be covered by an insurance plan paid for by the City which will provide 66 2/3% of the employee's salary rate (excluding overtime and any special pay) up to a maximum of $10,000 a month in accordance with the following: Disability Due to Accident Disability Due to Illness First 30 Calendar Days Regular Pay Regular Pay Next 24 Calendar Months 66 2/3% of Base Pay 66 2/3% of Base Pay To age 65 66 2/3% of Base Pay None 2. The LTD plan is integrated with Workers’ Compensation, Social Security and other non-private program benefits to which the employee’s entitled. 3. Disability is defined as the inability to perform all of the duties of the employee’s regular occupation during two (2) years and thereafter the inability to engage in any employment or occupation for which they are fitted by reason of education, training or experience. 4. The LTD Plan provides for a Survivors’ benefit payment for three (3) months beyond the employee’s death. 5. The terms and conditions of the disability insurance coverage are set forth in the policy, a copy of which is on file in the Human Resources Department. In the event of any conflict between the policy and this article, the policy shall control. The City may change insurance companies, policies, or self -insure this benefit, provided that the plans shall remain comparable to that currently in effect. ARTICLE XI – RETIREMENT A. CalPERS Safety “Classic Member” Retirement Benefits 1. CalPERS Safety “Classic Member” Retirement Formula The City shall provide all safety employees described as “classic members” by the Public Employees’ Pension Reform Act of 2013 – “PEPRA” with that certain retirement program commonly known and described as the “3% @ age 50 plan” which is based on the retirement formula as set forth in California Public 141 MARINE SAFETY MANAGEMENT ASSOCIATION MSMA MOU January 1, 2025 – December 31, 2027 16 Employees’ Retirement Law (PERL), Section 21362.2 of the California Government Code. 2. CalPERS Safety “Classic Member” Final Compensation The City shall contract with PERS to have retirement benefits calculated based on the employee’s highest one year’s compensation, pursuant to the provisions in California Public Employees’ Retirement Law (PERL) Section 20042 of the Government Code “Final Compensation” – One Year – Local Member. 3. CalPERS Safety “Classic Member” Contribution a. All “classic members” shall pay their CalPERS member contribution of nine percent (9%) of compensation earnable. 4. CalPERS Safety “Classic Member” Cost Sharing a. Effective the beginning of the pay period including January 1, 2023, classic member shall cost share two percent (2%) compensation earnable in accordance with Government Code section 20516(f). b. Effective the beginning of the pay period including January 1, 2024, classic member shall cost share an additional one percent (2%) compensation earnable in accordance with Government Code section 20516(f), for a total cost share of four percent (4%). B. CalPERS Safety “New Member” Retirement Benefits The City shall provide for “New Members” within the meaning of the California Public Employees’ Pension Reform Act (PEPRA) of 2013 as defined in California Government Code Section 7522.04(f). 1. CalPERS Safety “New Member” Retirement Formula The City shall provide the 2.7% @ age 57 retirement formula set forth in California Government Code Section 7522.25(d) for all safety employees defined as “new members” per the Public Employees’ Pension Reform Act (PEPRA) of 2013 represented by the Association. 2. CalPERS Safety “New Member” Final Compensation Final Compensation for “new members” will be based on the highest annual average compensation earnable during the 36 consecutive months immediately preceding the effective date of his or her retirement, or some other 36 consecutive month period designated by the member, as required by California Government Code Section 7522.32(a). 142 MARINE SAFETY MANAGEMENT ASSOCIATION MSMA MOU January 1, 2025 – December 31, 2027 17 3. CalPERS Safety “New Member” Retirement Contribution Effective October 1, 2013 “new members” as defined by PEPRA shall contribute one half of the normal cost rate, as established by CalPERS. 4. CalPERS Safety “New Member” Cost Sharing a. Effective the beginning of the pay period including January 1, 2023 “new members” safety members shall pay at least thirteen percent (13%) of pensionable compensation as their retirement contribution. If the required contribution per PEPRA (half the normal cost) is less than thirteen percent (13%), employees shall pay the difference between the required PEPRA contribution and thirteen percent (13%) as cost sharing per Government Code section 20516(f). If the required PEPRA contribution is at least thirteen percent (13%) or more, “new members” safety members will pay the required PEPRA contribution. C. The City has adopted the CalPERS Resolution in accordance with IRS Code section 414(h)(2) to ensure that both the employee contribution and the City pickup of the required member contribution are made on a pre -tax basis. However, ultimately the tax status of any benefit is determined by law. D. Self-Funded Supplemental Retirement Benefit In the event an employee elects Option #1, Option #2, #2W, Option #3, #3W or Option #4 of the Public Employees’ Retirement Law, and the employee is a unit employee who was hired before November 2, 1998, the City shall pay the difference between such elected option and the unmodified allowance which the employee would have received for his or her life alone as provided in California Government Code Sections 21455, 21456, 21457, and 21458 as said referenced Government Code Sections exist as of the date of this agreement. The payment shall be made only to the employee, shall be payable by the City during the life of the employee, an upon that employee’s death, the City’s obligation shall cease. The method of funding for this benefit shall be at the sole discretion of the City. This benefit is vested for employees hired before November 2, 1998. All unit employees hired on or after November 2, 1998 shall not be eligible for this benefit. E. Health Savings Account for Post-Retirement Medical Benefits The City shall implement a voluntary health savings account plan during the term of the agreement for the purpose of allowing employees the opportunity to fund post medical retirement health premiums. 143 MARINE SAFETY MANAGEMENT ASSOCIATION MSMA MOU January 1, 2025 – December 31, 2027 18 F. Pre-Retirement Optional Settlement 2 Death Benefit The City provides its safety employees Pre-Retirement Optional Settlement 2 Death Benefit. G. 1959 Survivors’ Benefit Level IV Members of the City’s safety retirement plan shall be covered by the Fourth Level of the 1959 Survivor Benefit. H. Medical Insurance for Retirees As required by the Government Code while the City is contracted with CalPERS to participate in Public Employees’ Medical and Hospital Care Act (PEMHCA) program, retired employees (annuitants) shall have available the ability to participate in the PEMHCA program. CalPERS shall be the sole determiner of eligibility for retiree (annuitant) to participate in the PEMHCA program. ARTICLE XII- LEAVE BENEFITS A. General Leave The provisions on General Leave set forth below shall go into effect in the pay period including January 1, 2022. Prior to the effective date of General Leave, members of the Association earned vacation. Employees’ vacation balances carry over past the effective date of General Leave. Although employees no longer earn vacation, they may use their vacation and shall be cashed out of any vacation balances at separation as provided herein. 1. Purpose – General leave may be used for any purpose, including vacation, sick leave, and personal leave. 2. Anniversary Date – For the purpose of computing General Leave, an employee’s anniversary date shall be the most recent date on which they commenced full-time employment, unless otherwise provided in writing by agreement between the City and the employee upon initial hire or re-hire. 3. Accrual – Employees shall accrue General Leave at their appropriate assigned work schedule rate. Employees shall accrue annual General Leave with pay in accordance with the following: 144 MARINE SAFETY MANAGEMENT ASSOCIATION MSMA MOU January 1, 2025 – December 31, 2027 19 Years of Service Annual General Leave Accrual Bi-Weekly General Leave Accrual Rate First through Fourth Year 176 Hours 6.77 Fifth through Ninth Year 200 Hours 7.69 Tenth through Fourteenth Year 224 Hours 8.62 Fifteenth Year and Thereafter 256 Hours 9.85 4. Eligibility and Approval General Leave must be pre-approved, except for illness, injury, or family sickness, which may require a physician’s statement for approval. Accrued General Leave may not be taken prior to six (6) months’ service except for illness, injury or family sickness. Employees shall not be permitted to take General Leave in excess of actual time earned. Employees shall not accrue General Leave in excess of six hundred forty (640) hours. General Leave accumulated in excess of six hundred forty (640) hours shall be paid at the base hourly rate of pay, on the first pay day following such accumulation. Employees may not use their General Leave to advance their separation date on retirement or other separation from employment. 5. Leave Conversion to Cash On or before the beginning of the pay period which includes December 15 of each calendar year, an employee may make an irrevocable election to cash out up to one hundred and twenty (120) hours of accrued General Leave, which will be earned in the following calendar year at the employee’s regular rate of pay. The employee can elect to receive up to sixty (60) hours of General Leave cash out in the pay period that includes July 15. The employee shall receive any remaining General Leave cash out to which they irrevocably elected to cash out in the pay period that includes December 1. However, if the employee’s General Leave balance is less than the amount the employee elected to cash out (in the prior calendar year) the employee will receive cash for the amount of leave the employee has accrued at the time of the cash out. 6. Deferred Compensation/ Leave Cash Out – The value of any unused earned General Leave or previously accrued vacation may be transferred to deferred compensation at the regular rate of pay in connection with separation from employment, but only during the time the employee is actively employed with the City. The employee must request the transfer no later than the pay period prior to the employee’s last day of employment. 145 MARINE SAFETY MANAGEMENT ASSOCIATION MSMA MOU January 1, 2025 – December 31, 2027 20 7. Pay-Off at Separation from Employment Upon separation from employment, the employee shall receive compensation at their current regular rate of pay for all unused, earned general leave or previously accrued vacation to which they are entitled up to and including the effective date of their separation from employment. B. Vacation 1. Accrual – Effective January 1, 2022, employees shall no longer accrue vacation leave. 2. Eligibility and Permission No employee shall be permitted to take a vacation in excess of actual time earned and vacation shall not be accrued in excess of three hundred twenty (320) hours. Vacations shall be taken only with permission of the Marine Safety Division Chief or designee; however, the Marine Safety Division Chief or designee shall schedule all vacations with due consideration for the wish of the employee and particular regard for the need of the department. C. Sick Leave Full-time employees hired on or before the pay period following Council approval of this 2022-2024 MOU will receive a one-time Sick Leave bank totaling 96 hours. Once this Sick Leave bank is fully used, employees will no longer receive Sick Leave, only General Leave as described above. The one-time bank may not be cashed out at any time, nor, upon separation from employment, transferred to deferred compensation, and/or a qualified medical retirement trust program. D. Family Leave Benefit Entitlements All employees will be allowed to use up to sixty (60) hours per calendar year to care for a child, parent, spouse, or registered domestic partner during illness. This paragraph will continue in its current form so long as any other unit receives it, and will sunset in the same calendar year, if eliminated as the result of contract negotiations. The City will provide family and medical care leave for eligible employees that meet all requirements of State and Federal law. Rights and obligations are set forth in the Department of Labor Regulations implementing the Family Medical Leave Act (FMLA), and the regulations of the California Fair Employment and Housing Commission implementing the California Family Rights Act (CFRA). 146 MARINE SAFETY MANAGEMENT ASSOCIATION MSMA MOU January 1, 2025 – December 31, 2027 21 The City shall comply with all State and Federal leave benefit entitlement laws. An employee on an approved leave shall be allowed to use paid sick leave and earned vacation, and/or compensatory time for duration of the approved leave. E. Bereavement Leave Employees shall be entitled to bereavement leave not to exceed three (3) work shifts in each instance of death in their immediate family. Immediate family is defined as a parent, sibling, spouse, registered domestic partner, child, grandparent, grandchild, or wards of which the employee is the legal guardian, recognizing all birth, marital, and other legal ties (i.e., step relatives, in-laws, etc.). F. Voluntary Catastrophic Leave Donation Program Under certain conditions, employees may donate leave time to another employee in need. The program is outlined in Exhibit E of this Memorandum of Understanding. ARTICLE XIII – CITY RULES All City Personnel Rules shall apply to Association members, however, to the extent this MOU modifies the City’s Personnel Rules; the Personnel Rules as modified will apply to Association members. ARTICLE XIV – MISCELLANEOUS A. Salary Upon Appointment When an appointment of a recurrent lifeguard to the classification of Marine Safety Specialist or Marine Safety Captain occurs, the salary step upon appointment shall be determined in the same manner as salary step upon promotions under the City’s Personnel Rules. B. Physical Examinations The City agrees to pay for bi-annual physical examinations, to include stress EKG, when authorized by the Department Head, with the understanding that results thereof may be utilized for the determination of the employee’s continued ability to perform duties of the position. A copy of the physical examination shall be provided to the employee upon request. C. Conditioning Time Unit employees may be allowed up to one (1) hour on each regularly scheduled shift to be used for physical conditioning. 147 MARINE SAFETY MANAGEMENT ASSOCIATION MSMA MOU January 1, 2025 – December 31, 2027 22 D. 1,500 Hour Recurrent Employees There is a fifteen hundred (1,500) work hour per year for non-MSMA positions, subject to official change in Personnel Rules 5-24. E. Collection of Payroll Overpayments In the event that a payroll overpayment is discovered and verified, and considering all reasonable factors including the length of time that the overpayment was made and if and when the employee could have reasonably known about such overpayment, the City will take action to collect from the employee the amount of overpayment(s). Such collection shall be processed by payroll deduction over a reasonable period of time considering the total amount of overpayment. In the event the employee separates from employment during the collection period, the final amount shall be deducted from the last payroll check of the employee. If applicable, the balance due from the employee shall be communicated upon employment separation if the last payroll check does not sufficiently cover the amount due the City. It shall be the responsibility of the employee and the City to periodically monitor the accuracy of compensation payments or reimbursements due to the possibility of a clerical oversight or error. The City reserves the right to also collect compensation over payments caused by the result of misinterpretation of a pay provision by non - authorized personnel. The interpretation of all pay provisions shall be administered by the City Manager or designee. Unauthorized compensation payments shall not constitute a past practice. F. Grievance Hearing Cost Sharing Grievance hearing costs shall be shared equally by the City and the Association. The parties agree that under no circumstances shall the grievant(s) be required to pay any part of the grievance hearing costs. G. Personnel Rule 19 Modification City and Association agree to implement Personnel Rule 19 modifications as provided in Exhibit D attached hereto and incorporated by reference. H. Update Employee-Employer Relations Resolution (EERR) During the term of the Agreement, the City and the Association agree to meet and confer to update the Employee-Employer Relations Resolution to reflect current state law. 148 MARINE SAFETY MANAGEMENT ASSOCIATION MSMA MOU January 1, 2025 – December 31, 2027 23 I. Modified Return to Work Policy The City and the Association agree to meet and confer during the term of the Agreement to establish a modified return to work policy for employees who experience industrial or non-industrial illness and/or injury. J. Controlled Substance and Alcohol Testing The City maintains the right to conduct a test during working hours of any employee that it reasonably suspects is under the influence of alcohol or a controlled substance in the workplace, consistent with the department policy. 149 MARINE SAFETY MANAGEMENT ASSOCIATION MSMA MOU January 1, 2025 – December 31, 2027 24 ARTICLE XV – CITY COUNCIL APPROVAL It is the understanding of the City and the Association that this Memorandum of Understanding is of no force or affect whatsoever unless and until adopted by Resolution of the City Council of the City of Huntington Beach. IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding this ________ day of ____________________, 2025. HUNTINGTON BEACH CITY OF HUNTINGTON BEACH MARINE SAFETY MANAGEMENT A Municipal Corporation ASSOCIATION By: By: _____ Travis Hopkins Sterling Foxcroft City Manager MSMA President By: By: ___ _____ Marissa Sur Jachin Hamborg Director of Human Resources MSMA Vice President By: By: ___ _____ Eric McCoy Derek Peters Fire Chief MSMA Board Member By: ___ Rob Wexler, Attorney for MSMA APPROVED AS TO FORM By: _____ Michael Vigliotta City Attorney 150 MARINE SAFETY MANAGEMENT ASSOCIATION EXHIBIT A – MSMA SALARY SCHEDULE MSMA MOU January 1, 2025 – December 31, 2027 25 Effective the Beginning of the Pay Period Including January 1, 2025 Classification Title Range Step A Step B Step C Step D Step E Step F Step G Marine Safety Specialist 164 $29.78 $31.26 $32.83 $34.47 $36.19 $38.00 $39.90 Marine Safety Captain 209 $46.59 $48.92 $51.37 $53.94 $56.63 $59.46 $62.44 Marine Safety Battalion Chief 229 $56.85 $59.69 $62.68 $65.81 $69.10 $72.56 $76.19 Effective the Beginning of the Pay Period Including July 1, 2025 Effective the Beginning of the Pay Period Including January 1, 2026 Classification Title Range Step A Step B Step C Step D Step E Step F Step G Marine Safety Specialist 177 $33.89 $35.58 $37.36 $39.23 $41.19 $43.25 $45.41 Marine Safety Captain 212 $48.00 $50.40 $52.92 $55.57 $58.35 $61.27 $64.33 Marine Safety Battalion Chief 232 $58.57 $61.50 $64.58 $67.81 $71.20 $74.76 $78.49 Effective the Beginning of the Pay Period Including January 1, 2027 Classification Title Range Step A Step B Step C Step D Step E Step F Step G Marine Safety Specialist 180 $34.91 $36.66 $38.49 $40.42 $42.44 $44.56 $46.79 Marine Safety Captain 215 $49.46 $51.93 $54.53 $57.25 $60.12 $63.12 $66.28 Marine Safety Battalion Chief 235 $60.35 $63.37 $66.53 $69.86 $73.35 $77.02 $80.87 Classification Title Range Step A Step B Step C Step D Step E Step F Step G Marine Safety Specialist 174 $32.89 $34.53 $36.26 $38.07 $39.98 $41.98 $44.08 Marine Safety Captain 209 $46.59 $48.92 $51.37 $53.94 $56.63 $59.46 $62.44 Marine Safety Battalion Chief 229 $56.85 $59.69 $62.68 $65.81 $69.10 $72.56 $76.19 151 MARINE SAFETY MANAGEMENT ASSOCIATION EXHIBIT B – SERVICE CREDIT SUBSIDY PLAN MSMA MOU January 1, 2025 – December 31, 2027 26 An employee who has retired from the City and meets the plan participation requirements shall receive a monthly Service Credit Subsidy to reimburse the retiree for the payment of qualified medical expenses incurred for the purchase of medical insurance. Plan Participation Requirements 1. At the time of retirement, the employee has a minimum of ten (10) years of continuous regular (permanent) City service or is granted an industrial disability retirement; and 2. At the time of retirement, the employee is employed by the City; and 3. Following official separation from the City, the employee is granted a retirement allowance by the California Public Employees’ Retirement System (CalPERS). The City’s obligation to pay the Service Credit Subsidy as indicated shall be modified downward or cease during the lifetime of the retiree upon the occurrence of any one of the following: a. During any period the retired employee is eligible to receive or receives medical insurance coverage at the expense of another employer, the payment will be suspended. “Another employer” as used herein means private employer or public employer or the employer of a spouse. As a condition of being eligible to receive the Service Credit Subsidy as set forth in this plan, the City shall have the right to require any retiree to annually certify that the retiree is not receiving or eligible to receive any such medical insurance benefits from another employer. If it is later discovered that a misrepresentation has occurred, the retiree will be responsible for reimbursement of those amounts inappropriately expended and the retiree’s eligibility to receive further benefits will cease. b. On the first of the month in which a retiree or dependent reaches age sixty-five (65) or on the date the retiree or dependent can first apply and become eligible, automatically or voluntarily, for medical coverage under Medicare (whether or not such application is made) the City’s obligation to pay Service Credit Subsidy may be adjusted downward or eliminated. c. In the event of the death of an eligible employee, whether retired or not, the amount of the Service Credit Subsidy benefit which the deceased employee was eligible for at the time of their death shall be paid to the surviving spouse or dependent for a period not to exceed twelve (12) months from the date of death. 4. Minimum Eligibility for Benefits – With the exception of an industrial disability retirement, eligibility for Service Credit Subsidy begins after an employee has completed ten (10) years of continuous regular (permanent) service with the City of 152 MARINE SAFETY MANAGEMENT ASSOCIATION EXHIBIT B – SERVICE CREDIT SUBSIDY PLAN MSMA MOU January 1, 2025 – December 31, 2027 27 Huntington Beach. Said service must be continuous unless prior service is reinstated at the time of their rehire in accordance with the City’s Personnel Rules. To receive the Service Credit Subsidy retirees are required to purchase medical insurance from City sponsored plans. The City shall have the right to require any retiree (annuitant) to annually certify that the retiree is purchasing medical insurance benefits. 5. Disability Retirees – Industrial disability retirees with less than ten (10) years of service shall receive a maximum monthly payment toward the premium for health insurance of one hundred twenty dollars ($120). Payments shall be in accordance with the stipulations and conditions, which exist for all retirees. 6. Service Credit Subsidy – Payment shall not exceed dollar amount, which is equal to the qualified medical expenses incurred for the purchase of City sponsored medical insurance. 7. Maximum Monthly Service Credit Subsidy Payments – All retirees, including those retired as a result of disability whose number of years of service prior to retirement exceeds ten (10), continuous years of regular (permanent) service shall be entitled to maximum monthly Service Credit Subsidy by the City for each year of completed City service as follows: Maximum Service Credit Subsidy Retirements After: Years of Service Service Credit Subsidy 10 $120 11 135 12 150 13 165 14 180 15 195 16 210 17 225 18 240 19 255 20 270 21 285 22 299 23 314 24 329 25 344 153 MARINE SAFETY MANAGEMENT ASSOCIATION EXHIBIT B – SERVICE CREDIT SUBSIDY PLAN MSMA MOU January 1, 2025 – December 31, 2027 28 The Service Credit Subsidy will be reduced every January 1st by an amount equal to any required amount to be paid by the City on behalf of the retiree (annuitant). Article IX.A.3.a. provides an example of expected reductions per retiree per month. 8. Medicare a. All persons eligible for Medicare coverage at age sixty-five (65). Those with sufficient credited quarters of Social Security will receive Part A of Medicare at no cost. Those without sufficient credited quarters are still eligible for Medicare at age sixty-five (65), but will have to pay for Part A of Medicare if the individual elects to take Medicare. In all cases, the participant pays for Part B of Medicare. b. When a retiree and their spouse are both sixty-five (65) or over, and neither is eligible for paid Part A of Medicare, the Service Credit Subsidy shall pay for Part A for each of them or the maximum subsidy, whichever is less. c. When a retiree at age sixty-five (65) is eligible for paid Part A of Medicare and their spouse is not eligible for paid Part A of Medicare, the spouse shall not receive the subsidy. When a retiree at age sixty-five (65) is not eligible for paid Part A of Medicare and their spouse who is also age sixty-five (65) is eligible for paid Part A of Medicare, the subsidy shall be for the retiree’s Part A only. 9. Cancellation a. For retirees/dependents eligible for paid Part A of Medicare, the following cancellation provisions apply: i. Coverage for a retiree under the Service Credit Subsidy Plan will be eliminated on the first day of the month in which the retiree reaches age sixty-five (65). ii. At age sixty-five (65) retirees are eligible to make application for Medicare. Upon being considered “eligible to make application”, whether or not application has been made for Medicare, the Service Credit Subsidy Plan will be eliminated. 154 MARINE SAFETY MANAGEMENT ASSOCIATION EXHIBIT C – MODIFICATION TO EMPLOYEE-EMPLOYER RELATIONS RESOLUTION MSMA MOU January 1, 2025 – December 31, 2027 29 A. Employer-Employee Relations Resolution 1. Modification of Section 7 – Decertification and Modification a. The City and the Association desire to maintain labor stability within the representational unit to the greatest extent possible, consistent with the employee’s right to select the representative of his or her own choosing. For these purposes, the parties agree that this Agreement shall act as a bar to appropriateness of this unit and the selection of the representative of this unit, except during the month of August prior to the expiration of this Agreement. Changes in bargaining unit shall not be effective until expiration of the MOU, except as may be determined by the Personnel Commission pursuant to the procedures outlined below. This provision shall modify and supersede the time limits, where inconsistent, contained in Section 7 of the current Employer- Employee Relations Resolution of the City of Huntington Beach. b. The City and the Association have agreed to a procedure whereby the City, by and through the Director of Human Resources, would be entitled to propose a Unit Modification. The Association and the City agree to jointly recommend a modification of the City of Huntington Beach Employer -Employee Relations Resolution (Resolution Number 3335) upon the City’s having completed its obligation to meet and confer on this issue with all other bargaining units. The proposed change to the Employer-Employee Relations Resolution is as follows: 7-3. Personnel Direction Motion of Unit Modification – The Director of Human Resources may propose, during the same period for filing a Petition for Decertification, that an established unit be modified in accordance with the following procedure: 1) The Director of Human Resources shall give written notice of the proposed Unit Modification or Modifications to all employee organizations that may be affected by the proposed change. Said written notification shall contain the Director of Human Resources rationale for the proposed change including all information which justifies the change pursuant to the criteria established in Section 6-5 for appropriateness of Units. Additionally, the Director of Human Resources shall provide all affected employee organizations with all correspondence, memoranda, and other documents which relate to any input regarding the Unit Modification which may have been received by the City or from affected employees and/or sent by the City to affected employees; 2) Following receipt of the Director of Human Resources Proposal for Unit Modification any affected employee organization shall be afforded not less 155 MARINE SAFETY MANAGEMENT ASSOCIATION EXHIBIT C – MODIFICATION TO EMPLOYEE-EMPLOYER RELATIONS RESOLUTION MSMA MOU January 1, 2025 – December 31, 2027 30 than thirty (30) days to receive input from its members regarding the proposed change and to formulate a written and/or oral response to the Motion for Unit Modification to the Personnel Commission; 3) The Personnel Commission shall conduct a noticed Public Hearing regarding the Motion for Unit Modification at which time all affected employee organizations and other interested parties shall be heard. The Personnel Commission shall make a determination regarding the proposed Unit Modification which determination may include a granting of the motion, a denying of the motion, or other appropriate orders relating to the appropriate creation of Bargaining Units. Following the Personnel Commission’s determination of the composition of the appropriate Unit or Units, it shall give written notice of such determination to all affected employee organizations; 4) Any party who chooses to appeal from the decision of the Personnel Commission is entitled to appeal in accordance with the provision of Section 14-4 of Resolution Number 3335. B. During the term of the agreement, the City and the Association agree to update the Employee-Employer Relations Resolution to reflect current State law. 156 MARINE SAFETY MANAGEMENT ASSOCIATION EXHIBIT D – MODIFICATION TO PERSONNEL RULE 19 MSMA MOU January 1, 2025 – December 31, 2027 31 19-1. PURPOSE. The purpose of this rule is to provide a means by which grievances of employees or employee organizations may be considered, discussed and resolved at the level closest to their point of origin. The grievance procedure provided for in this rule does not apply to the review of employee disciplinary matters which subject is treated in Rule 20 hereof. 19-2. DEFINITION. For the purpose of this rule, a grievance is a dispute concerning the interpretation or application of any provision of the City’s Employer-Employee Relations Resolution, or any provision of this resolution or any departmental rule governing personnel practices or working conditions, with the exception of matters excluded by Section 19-3. 19-3. MATTERS EXLUDED FROM GRIEVANCE PROCEDURE. The following subjects are excluded from the grievance procedure provided for herein: (a) The review of employee disciplinary matters, which is treated in Rule 20 hereof. (b) All matters subject to impasse procedure, provided in the Employer- Employee Relations Resolution. 19-4. SUBMISSION OF GRIEVANCES. Any individual employee or recognized employee organization shall have the right to present a grievance. If two (2) or more employees have essentially the same grievance and report to the same supervisor, they may, and if requested to do so by the City, must jointly or collectively present and pursue their grievance. If a grievance is alleged by three (3) or more employees, the group shall, at the request of the City, appoint one of such employees to speak for the group. 19-5. GRIEVANCE PROCEDURE. The grievance procedure shall consist of the following steps, each of which must be completed prior to any request for further consideration of the matter unless otherwise provided herein: Step 1. Informal Discussion (optional). If an employee feels that he has a grievance, as defined in Section 19-2, he may request a meeting with his immediate supervisor within ten (10) days after the employee becomes aware or reasonably should have become aware of the subject matter of the gr ievance. The immediate supervisor, within ten (10) days of such request, shall meet with the employee when so requested and discuss the grievance in an effort to clarify the issue and work toward a cooperative settlement or resolution of the dispute. The immediate supervisor shall present, verbally or in writing, his decision to the employee within ten (10) days from the time of the informal discussion. 157 MARINE SAFETY MANAGEMENT ASSOCIATION EXHIBIT D – MODIFICATION TO PERSONNEL RULE 19 MSMA MOU January 1, 2025 – December 31, 2027 32 Step 2. Formal Procedure. Immediate Supervisor. If the grievance is not settled through informal discussion, or if the employee elects not to invoke his right to informal discussion, the employee may formally submit a grievance to his immediate supervisor within ten (10) days following the decision pursuant to informal discussion, or in the event the employee does not elect to invoke his right to informal discussion, within ten (10) days after the occurrence which gives rise to the grievance or after the employee becomes aware or reasonably should have been aware of the subject matter of the grievance. Such submission shall be in writing, stating the nature of the grievance and a suggested solution or requested remedy. Within ten (10) days after the receipt of the written grievance, the immediate supervisor shall meet with the employee. Within ten (10) days thereafter written decision shall be given the employee by the immediate supervisor. Step 3. Department Head. In cases where the department head is not the immediate supervisor, if the grievance is not settled under Step 2, the grievance may be presented to the department head. The grievance shall be submitted within ten (10) days after the receipt of the written decision from Step 2. Within ten (10) days after the receipt of the written grievance, the department head or his representative, shall meet with the employee and his immediate supervisor, if any. Within ten (10) days thereafter written decision shall be given to the employee. Step 4. City Manager. If the grievance is not settled under Step 3, the grievance may be presented to the City Manager in accordance with the following procedure: Within fifteen (15) days after the time the decision is rendered under Step 3 above, a written statement of the grievance shall be filed with the Director of Human Resources who shall act as hearing officer and shall set the matter for hearing within fifteen (15) days thereafter and shall cause notice to be served upon all interested parties. The Director of Human Resources, or his representative, shall hear the matter de novo and shall make recommended findings, conclusions and decision in the form of a written report and recommendation to the City Manager within ten (10) days following such hearing. The City Manager may, in his discretion, receive additional evidence or argument by setting the matter for hearing within ten (10) days following his receipt of such report and causing notice of such hearing to be served upon all interested partie s. Within ten (10) days after receipt of report, or the hearing provided for above, if such hearing is set by the City Manager, the City Manager shall make written decision and cause such to be served upon the employee or employee organization and the Director of Human Resources. 158 MARINE SAFETY MANAGEMENT ASSOCIATION EXHIBIT D – MODIFICATION TO PERSONNEL RULE 19 MSMA MOU January 1, 2025 – December 31, 2027 33 Step 5. Personnel Commission. If the grievance is not settled under Step 4, it may be appealed to the Personnel Commission for de novo hearing and final determination in accordance with the following procedure: (a) Within ten (10) days after the time decision is rendered under Step 4 above, a written statement of grievance shall be filed with the Director of Human Resources. Such statement of grievance shall set forth in detail the nature of the grievance, the facts surrounding the subject matter of the grievance, the contentions of the employee and the proposed solution or determination. (b) As soon as practicable thereafter, the Director of Human Resources shall set the matter for hearing before a hearing officer either selected by mutual consent of the parties or from a list approved by the Personnel Commission. Ratification of the hearing officer selected by mutual consent of the parties, if from a list approved by the Personnel Commission, shall not require separate approval or ratification by the Personnel Commission. The hearing officer shall hear the case and make recommended findings, conclusions and decision in the form of a written report and recommendations to the Personnel Commission. In lieu of the hearing officer process, the Personnel Commission may agree to hear a case directly upon submission of the case by mutual consent of the parties. 19-6. SUPPLEMENTAL HEARING BY PERSONNEL COMMISSION (a) The Commission may, in its sole discretion, after it has received the written report and recommendation of the hearing officer, set the matter for private hearing for the purpose of receiving additional evidence or argument. In the event the Commission sets a private hearing for such purpose, the Director of Human Resources shall give written notice of such to all parties concerned in such matter. (b) The Commission, following a consideration of the hearing officer’s written report and recommendation and deliberation thereon and any supplemental hearing before the Commission, shall make findings, conclusions and decision which shall be final and binding on all parties and from which there shall be no further appeal. 19-7. GRIEVANCE. DEPARTMENT HEAD. Any department head who has a grievance may present it to the City Manager for determination. The City Manager shall render a written decision to said department head within ten (10) days after such submission, which decision may be appealed by the department head to the Personnel Commission in accordance with Step 5 of Section 19-5. 159 MARINE SAFETY MANAGEMENT ASSOCIATION EXHIBIT E – VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM MSMA MOU January 1, 2025 – December 31, 2027 34 Guidelines 1. Purpose The purpose of the voluntary catastrophic leave donation program is to bridge employees who have been approved leave time to either: return to work, long-term disability, or medical retirement. Employees who accrue vacation, general leave or compensatory time may donate such leave to another employee when a catastrophic illness or injury befalls that employee or because the employee is needed to care for a seriously ill family member. The leave -sharing Leave Donation Program is Citywide across all departments and is intended to provide an additional benefit. Nothing in this program is intended to change current policy and practice for use and/or accrual of vacation, general, or sick leave. 2. Definitions Catastrophic Illness or Injury – A serious debilitating illness or injury which incapacitates the employee or an employee’s family member. Family Member – For the purposes of this policy, the definition of a family member is that defined in the Family Medical Leave Act (child, parent, spouse or domestic partner). 3. Eligible Leave Accrued compensatory, vacation or general leave may be donated. The minimum donation an employee may make is two (2) hours and the maximum is forty (40) hours. 4. Eligibility Employees who accrue vacation or general leave may donate such hours to eligible recipients. Compensatory time accrued may also be donated. An eligible recipient is an employee who: • Accrues vacation or general leave; • Is not receiving disability benefits or Workers’ Compensation payments; and • Requests donated leave. 5. Transfer of Leave The maximum donation credited to a recipient’s leave account shall be the amount necessary to ensure continuation of the employee’s regular salary during the employee’s period of approved catastrophic leave. Donations will be voluntary, confidential and irrevocable. Hours donated will be converted into a dollar amount 160 MARINE SAFETY MANAGEMENT ASSOCIATION EXHIBIT E – VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM MSMA MOU January 1, 2025 – December 31, 2027 35 based on the hourly wage of the donor. The dollar amount will then be converted into accrued hours based on the recipient's hourly wage. An employee needing leave will complete a Leave Request Form and submit it to the Department Director for approval. The Department Director will forward the form to Human Resources for processing. Human Resources, working with the department, will send out the request for leave donations. Employees wanting to make donations will submit a Leave Donation Form to the Finance Department (City payroll). All donation forms submitted to payroll will be date stamped and used in order received for each bi-weekly pay period. Multiple donations will be rotated in order to insure even use of time from donors. Any donation form submitted that is not needed will be returned to the donor. 6. Other Please contact the Human Resources Department on questions regarding employee participation in this program. 161 MARINE SAFETY MANAGEMENT ASSOCIATION EXHIBIT E – VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM MSMA MOU January 1, 2025 – December 31, 2027 36 Voluntary Catastrophic Leave Donation Program Leave Request Form According to the provisions of the Voluntary Catastrophic Leave Donation Program, I hereby request donated vacation, general leave or compensatory time. MY SIGNATURE CERTIFIES THAT: • A leave of absence in relation to a catastrophic illness or injury has been approved by my department; and • I am not receiving disability benefits or Workers’ Compensation payments. Name: (Please Print or Type: Last, First, MI) Work Phone: Department: Job Title: Employee ID#: Requester Signature: Date: Department Director Signature of Support: Date: Human Resources Department Use Only End donation date will bridge to: Long Term Disability Medical Retirement beginning Length of FMLA leave ending Return to work End donation date: Human Resources Director Signature: Date signed: Please submit this form to the Human Resources Department for processing. 162 I I - □ □ □ □ I MARINE SAFETY MANAGEMENT ASSOCIATION EXHIBIT E – VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM MSMA MOU January 1, 2025 – December 31, 2027 37 Voluntary Catastrophic Leave Donation Program Leave Donation Form Donor, please complete Donor Name: (Please Print or Type: Last, First, MI) Work Phone: Donor Job Title: Type of Accrued Leave: ☐ Vacation ☐ Compensatory Time ☐ General Leave Number of Hours I wish to donate: ________ Hours of Vacation ________ Hours of Compensatory Time ________ Hours of General Leave I understand that this voluntary donation of leave credits, once processed, is irrevocable; but if not needed, the donation will be returned to me. I also understand that this donation will remain confidential. I wish to donate my accrued vacation, comp or general leave hours to the Leave Donation Program for: Eligible recipient employee’s name (Last, First, MI): Donor Signature: Date: Please submit to Payroll in the Finance Department. 163 .-------.-------I City of Huntington Beach MSMA - Tentative Agreement Year 1 Year 2 Year 3 Year 4 FY 2024/25 FY 2025/26 FY 2026/27 FY 2027/28 * MOU Item #Description Estimated YOY Impact Estimated YOY Impact Estimated YOY Impact Estimated YOY Impact Total Cost of Proposal *Notes: 1 Term: 3 years (Jan 1, 2025 - Dec 31, 2027) Salary Increases 85,033 159,261 147,996 114,414 506,704 - (15,628) (23,715) (9,930) (49,273) Remove Performance Bonus - 26,533 40,056 14,879 81,468 Add new top step and remove current step A Longevity Pay Effective Jan 1, 2026 - 11,378 15,008 1,557 27,943 10-15 years - 2.5% - 7,200 9,661 1,563 18,424 15-20 years - 5% - 22,757 30,018 4,671 57,446 20+ years - 7.5% Health Insurance 9,918 19,836 19,836 9,918 59,508 Total Cost of Proposal 94,951 231,338 238,860 137,072 702,220 * Includes impact of proposed contract increases on the City's UAL. Additional liabilities are incurred during FY's 27/28 - 30/31 due to a lag in PERS reporting. 2 Jan 1, 2025 - 3%, Jan 1, 2026 - 3%, Jan 1, 2027 - 3%. Marine Safety Specialist - add'l 10% eff. July 1, 2025. 5 City to increase max contribution by $87/tier beg. Jan 1, 2025, on Jan 1, 2026 and on Jan 1, 2027, for a total increase of $261/tier 4 164 1~,-[;3 HUNTINCT()',l l(AQi Consideration of Proposed Memorandum of Understanding with Marine Safety Management Association (MSMA) City Council Meeting October 7, 2025 165 Overview • Pursuant to the MMBA, the City has been meeting and conferring in good faith with MSMA since August 2024 • A Tentative Agreement was reached in August • The Tentative Agreement and proposed Memorandum of Understanding (MOU) are being presented to the City Council to formally review and consider 166 Proposed Memorandum of Understanding • 3-year term; January 1, 2025 – December 31, 2027 • 3% base salary adjustments January 1 of each year • One-time base salary adjustment of 10% to the Marine Safety Specialist classification • Elimination of Performance Bonus in exchange for an additional top step for each classification 167 Proposed Memorandum of Understanding (continued) • Longevity Pay of 2.5%, 5% or 7.5% depending on years of service • Updated course requirements for Battalion Chiefs to receive Certification Pay • Increase to City contribution to employees’ health insurance premiums 168 Fiscal Impact Projected Cost FY 24/25 $94,951 FY 25/26 $231,338 FY 26/27 $238,860 FY 27/28 $137,072 Projected Total $702,220 169 Recommended Action • Adopt Resolution No. 2025-62, approving the successor MOU with MSMA, and • Authorize the City Manager or designee to take all administrative and budgetary actions necessary for implementation of Resolution No. 2025-62. 170 Alternative Action • Do not adopt Resolution No. 2025-62 and direct staff to continue the meet and confer process with MSMA 171 Questions? 172 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-771 MEETING DATE:10/7/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Travis Hopkins, City Manager VIA:Marissa Sur, Director of Human Resources PREPARED BY:Marissa Sur, Director of Human Resources Subject: Adopt Resolution No. 2025-63 Approving and Implementing the Memorandum of Understanding with Surf City Lifeguards Employees’ Association Statement of Issue: The Tentative Agreement regarding the successor Memorandum of Understanding (MOU) between the City of Huntington Beach and the Surf City Lifeguard Employees’ Association (SCLEA) was submitted for City Council review and consideration at the September 16, 2025, regular meeting. The proposed MOU is now presented for City Council action as the final step in the meet and confer process. Financial Impact: Pursuant to the terms of the Tentative Agreement with SCLEA, the total projected cost of the labor agreement is 283,463 in FY 2025/26; $98,733 in FY 2026/27; $164,470 in FY 2027/28. Recommended Action: A) Adopt Resolution No. 2025-63, “A Resolution of the City Council of the City of Huntington Beach Approving and Implementing the Memorandum of Understanding between the Surf City Lifeguard Employees’ Association (SCLEA) and the City for July 1, 2025, to June 30, 2028;” and B) Authorize the City Manager or designee to take all administrative and budgetary actions necessary for implementation of Resolution No. 2025-63. Alternative Action(s): Do not adopt Resolution No. 2025-63 approving the successor MOU with SCLEA and direct staff to continue to meet and confer with SCLEA. City of Huntington Beach Printed on 10/1/2025Page 1 of 2 powered by Legistar™ 173 File #:25-771 MEETING DATE:10/7/2025 Analysis: SCLEA is a recognized employee association representing approximately 200 part-time seasonal lifeguards. The City and SCLEA representatives began meeting in May 2025 to negotiate the terms of a successor MOU, and a Tentative Agreement was reached in August 2025. Salient provisions of the Tentative Agreement between the City and SCLEA include: ·Term of three years, expiring June 30, 2028 ·New three-step salary schedule ·Effective the pay period including July 1, 2026, and July 1, 2027, each step of the salary schedule will receive adjustments as follows: o Step A: $0.50/hour o Step B: $1.00/hour o Step C: $1.50/hour ·Reserve Ocean Lifeguards must work a minimum of 80 hours in operations to maintain Reserve status and are eligible to receive a salary increase after working one year or 400 hours, whichever is greater. ·If an employee’s shift is cancelled with less than 24 hours’ notice, they will receive 2 hours of pay. ·City-paid PC 832 training for Supervising Ocean Lifeguards The total cost of the SCLEA MOU is approximately $546,667. If the Council approves adoption of the MOU, City staff will work to implement the terms as soon as practicable. Environmental Status: Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a project. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Summary of Tentative Agreement 2. Resolution No. 2025-63 3. Proposed Memorandum of Understanding between the City and SCLEA 4. Fiscal Impact Report 5. PowerPoint Presentation City of Huntington Beach Printed on 10/1/2025Page 2 of 2 powered by Legistar™ 174 Tentative Agreement Between the City of Huntington Beach and the Surf City Lifeguard Employees’ Association (SCLEA) Article # Subject Proposal I Term July 1, 2025 – June 30, 2028 II(B) Representation – Employee and Union Rights City to notify SCLEA of new employee orientation, provide opportunity to address new unit members during orientation, use of City facilities for association meetings upon reasonable notice, and provide SCLEA with employee email addresses to the extent City has same. IV Salary Schedules Effective the pay period including July 1, 2025, each represented rank will be moved to a new three-step salary schedule as outlined on the attached exhibit. Effective the pay periods including July 1, 2026, and July 1, 2027, each step of the salary schedule shall be adjusted as follows: A $0.50; B $1.00; C $1.50. Reserve Ocean Lifeguards must work a minimum of 80 hours in Operations to maintain Reserve status and are eligible for a salary increase after working 1 year or 400 hours, whichever is greater. V Uniform Allowance Updates to uniform articles issued to new employees to reflect what is currently being provided. The City shall provide SPF 30 or higher sunscreen. X(D) Work Day; Work Week – Shift Cancellation Any SCLEA employee whose shift is cancelled with less than 24 hours’ notice will receive 2 hours of pay. The hours paid in the event of shift cancellation do not count toward the minimum hour requirement for reserve status. XI(A) Special Pay – Junior Guard Instructor Pay The parties agree that unit employees assigned as Junior Guard Instructors must be a minimum of 18 years old. XIII(F) Miscellaneous – Required Training The City shall pay for classes required to complete PC 832 training for Supervising Ocean Lifeguards, and the parties agree that any other classes required of any unit employee shall be performed on City time and at City expense. 175 176 RESOLUTION NO. 2025-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION (SCLEA) AND TI-IE CITY FOR JULY 1, 2025, THROUGH JUNE 30, 2028 The City Council oftlw City of Huntington Beach does resolve as follows: The Memorandum of Understanding between the City ofl-luntington Beach and the Surf City Lifeguard Employees' Association (SCLEA), a copy of which is attached hereto as Exhibit "A" and by reference made a part hereot~ is hereby approved and ordered implemented in accordance with the terms and conditions thereof; and the City Manager is authorized to execute this Agreement. Such Memorandum of Understanding shall be effective for the term of July 1, 2025, through June 30, 2028. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of _____ , 2025. Mayor REVIEWED AND APPROVED: APPROVED AS TO FORM: City Manager INITIATED AND APPROVED: Director of Human Resources 25-17088/390141 Memorandum of Understanding Between Surf City Lifeguard Employees’ Association and City of Huntington Beach JULY 1, 2025 – JUNE 30, 2028 177 SCLEA MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS i ARTICLE I – TERM OF MOU ____________________________________________ 1 ARTICLE II – REPRESENTATION ________________________________________ 1 A. REPRESENTATION UNIT ___________________________________________________ 1 B. EMPLOYEE AND UNION RIGHTS _____________________________________________ 1 ARTICLE III – PAYROLL DEDUCTION OF UNION DUES _____________________ 2 ARTICLE IV – SALARY SCHEDULE ______________________________________ 2 A. MODIFIED SALARY SCHEDULE ______________________________________________ 2 B. SALARY ADJUSTMENTS ___________________________________________________ 2 C. RESERVE OCEAN LIFEGUARDS ______________________________________________ 3 ARTICLE V – UNIFORM ALLOWANCE ____________________________________ 3 A. NEW HIRES ____________________________________________________________ 3 B. DAMAGED UNIFORM ARTICLES ______________________________________________ 3 C. RETURNING RECURRENT OCEAN LIFEGUARDS __________________________________ 3 D. SUNSCREEN AND LIP BALM ________________________________________________ 4 E. REPORTING OF UNIFORMS _________________________________________________ 4 ARTICLE VI – PARKING PASSES ________________________________________ 4 A. PARKING PASSES _______________________________________________________ 4 B. PARKING PASS - BEFORE REQUALIFICATION ____________________________________ 4 ARTICLE VII – ANNUAL RECURRENT OCEAN LIFEGUARD REQUALIFICATION _ 5 A. WORK AVAILABLE -- RETURN TO ACTIVE EMPLOYMENT ____________________________ 5 ARTICLE VIII – ANNUAL PHYSICAL AND TECHNICAL TESTING ______________ 5 ARTICLE IX – RETIREMENT ____________________________________________ 6 ARTICLE X – WORK DAY; WORK WEEK __________________________________ 6 A. FALL, WINTER, SPRING & SPRING BREAK AND SUMMER ___________________________ 6 B. NOT A GUARANTEE OF WORK_______________________________________________ 6 C. 1,500 HOURS __________________________________________________________ 6 D. SHIFT CANCELLATION ____________________________________________________ 6 ARTICLE XI – SPECIAL PAY ____________________________________________ 6 A. JUNIOR GUARD INSTRUCTOR PAY ___________________________________________ 6 B. EMT _________________________________________________________________ 7 C. BILINGUAL PAY _________________________________________________________ 7 D. EFFECTIVE DATE OF SPECIAL PAY ___________________________________________ 7 178 SCLEA MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS ii E. SUBPOENA/COURT PAY ___________________________________________________ 8 F. HOLIDAY PAY ___________________________________________________________ 8 ARTICLE XII – OVERTIME ______________________________________________ 8 ARTICLE XIII – MISCELLANEOUS _______________________________________ 8 A. EMPLOYER-EMPLOYEE RELATIONS RESOLUTION ________________________________ 8 B. RETURN TO WORK POLICY _________________________________________________ 9 C. GRIEVANCE PROCEDURE __________________________________________________ 9 D. AB 1522 – HEALTHY WORKPLACES, HEALTHY FAMILIES ACT OF 2014 _______________ 10 E. DEATH RELATED BENEFITS _______________________________________________ 10 F. REQUIRED TRAINING ____________________________________________________ 10 ARTICLE XIV – CITY COUNCIL APPROVAL ______________________________ 12 EXHIBIT A – SALARY SCHEDULE ______________________________________ 13 179 SURF CITY LIFEGUARD EMPLOYEES’ ASSOCIATION (SCLEA) SCLEA MOU July 1, 2025, through June 30, 2028 1 Article I – Term of MOU The City of Huntington Beach (“City”) and the Surf City Lifeguards Employees ’ Association (“SCLEA”) have reached agreement for a limited Memorandum of Understanding (“MOU”) for the term of July 1, 2025 – June 30, 2028. The parties agree to commence negotiations on a successor MOU by not later than January 15, 2028. The terms and conditions of employment are as follows: Article II – Representation A. Representation Unit City recognizes SCLEA as the representative concerning all matters relating to employer-employee relations including, but not limited to wages, hours, and other conditions of employment for all employees in the “Recurrent Ocean Lifeguard” Representation Unit, as follows: Ocean Lifeguard Senior Ocean Lifeguard Supervising Ocean Lifeguard Junior Lifeguard Program Coordinator B. Employee and Union Rights SCLEA shall have the right to represent all employees in the “Recurrent Ocean Lifeguard” representation unit in their employment relations with the City, including the Meyers Milias Brown Act (“MMBA”) “meet and confer” process. City shall (1) notify SCLEA in advance of new employee orientations; (2) permit SCLEA the opportunity to address unit employees during new employee orientations; (3) permit SCLEA to use City facilities for association meetings, upon reasonable notice and assuming same are not otherwise being used; and (4) provide SCLEA with employees’ email addresses (to the extent the City has same). C. Marine Safety Division will provide space for a bulletin board in the Lifeguard Headquarters for all SCLEA members to receive information. 180 SURF CITY LIFEGUARD EMPLOYEES’ ASSOCIATION (SCLEA) SCLEA MOU July 1, 2025, through June 30, 2028 2 Article III – Payroll Deduction of Union Dues City will continue to deduct SCLEA’s monthly union dues (on a bi-weekly basis) as designated by SCLEA, and authorized by the individual employee. SCLEA agrees to hold the City harmless for such payroll deductions. In the event of a SCLEA fee arrangement outside of an agreement that is in effect, SCLEA shall indemnify and hold the City of Huntington Beach harmless against any liability arising from any claims, demands, or other action relating to the City of Huntington Beach’s compliance with SCLEA’s fee obligation as stated in Government Code §3502.5.b.2. Article IV – Salary Schedule A. Modified Salary Schedule Effective the pay period including July 1, 2025, each represented rank will be moved to a new salary schedule as set forth below and in Exhibit A: 1. The salary schedule will include three (3) steps from A-C; 2. Each employee will be placed on a salary step as follows: a. Employees placed at Steps A-C at the time of City Council approval of the MOU will be placed at new Step A; b. Employees placed at Steps D-E at the time of City Council approval of the MOU will be placed at new Step B; c. Employees placed at Steps F-G at the time of City Council approval of the MOU will be placed at new Step C. Once placed on the new, three-step salary schedule, all Active Duty employees will be eligible to move to the next step on an annual basis upon receipt of a satisfactory performance evaluation. This provision does not apply to employees on Reserve status. B. Salary Adjustments 1. Effective the pay period including July 1, 2026 each step of the salary schedule shall be adjusted as follows: 181 SURF CITY LIFEGUARD EMPLOYEES’ ASSOCIATION (SCLEA) SCLEA MOU July 1, 2025, through June 30, 2028 3 Step A: $0.50/hour Step B: $1.00/hour Step C: $1.50/hour 2. Effective the pay period including July 1, 2027, each step of the salary schedule shall be adjusted as follows: Step A: $0.50/hour Step B: $1.00/hour Step C: $1.50/hour C. Reserve Ocean Lifeguards Reserve Ocean Lifeguards must work a minimum of 80 hours in Operations to maintain their Reserve status. Reserve Ocean Lifeguards shall be eligible for a salary increase after working 1 year, or 400 hours, whichever is greater. Article V – Uniform Allowance A. New Hires All new hires will be issued, at no charge, a full set of uniform articles , which include: a hat, 2 t-shirts, jacket, 2 shorts, 3 women's red swimsuits, sweatpants, sandals, and equipment, which includes: fins, sunglasses, and equipment bag. B. Damaged Uniform Articles The Marine Safety Battalion Chief will replace uniform articles as referenced in Article V A. that are damaged in the line of duty or worn out by the passage of time. C. Returning Recurrent Ocean Lifeguards Upon successful completion of the requalification process each calendar year, returning Recurrent Ocean Lifeguards shall receive the following: 1. Uniform – The City shall provide each employee with one set of shorts and a shirt. 2. Equipment Stipend – Each employee shall receive a two hundred dollar ($200) equipment stipend to use toward replacing equipment necessary for 182 SURF CITY LIFEGUARD EMPLOYEES’ ASSOCIATION (SCLEA) SCLEA MOU July 1, 2025, through June 30, 2028 4 employment, including fins, sunglasses, and equipment bag. This stipend shall be provided the pay period following requalification. D. Sunscreen and Lip Balm The City shall provide Sun Protection Factor (SPF) 30 or higher sunscreen and lip balm to all SCLEA members. E. Reporting of Uniforms For each CalPERS employee, the City will report to the California Public Employees’ Retirement System (CalPERS), the average annual cost of uniforms provided as special compensation in accordance with Title 2, California Code of Regulations, Section 571(a)(5). The average annual cost of uniforms provided is $177.00 and shall include uniforms issued and article replacements during a payroll calendar year. Reporting shall not include personal protective equipment, unless otherwise permitted in accordance with CalPERS law. 1. This section shall not apply to new members of this unit who are designated by CalPERS as “new members” in accordance with GC Section 7522.04 (f) and whose “Pensionable Compensation” is subject to the provisions of GC Section 7522.34. Article VI – Parking Passes A. Parking Passes Parking passes will be issued to “Recurrent Ocean Lifeguards” who pass the annual requalification exam. B. Parking Pass - Before Requalification Before the requalification process has been completed: 1. A parking pass will be provided to recurrent employees who are called to work; and, 2. Recurrent employees who come to the beach to train may obtain a temporary pass for that day from the Marine Safety Battalion Chief. 183 SURF CITY LIFEGUARD EMPLOYEES’ ASSOCIATION (SCLEA) SCLEA MOU July 1, 2025, through June 30, 2028 5 Article VII – Annual Recurrent Ocean Lifeguard Requalification A. Work Available -- Return to Active Employment If there is work available, and if the "Recurrent Ocean Lifeguard" meets the following criteria, the "Recurrent Ocean Lifeguard" shall be returned to active employment for the following season: 1. The employee performance evaluations meet Marine Safety Division standards; 2. The employee did not resign or was not terminated from employment with the City; 3. The employee completed the existing minimum hour working standard; 4. The employee has successfully completed the yearly requalification exam; 5. The employee has successfully completed and responded by the dates designated in the recurrent spring questionnaire. Article VIII – Annual Physical and Technical Testing A. The City will continue to provide annual physical and technical testing of “Recurrent Ocean Lifeguards.” All unit employees will receive recertification training and skills testing each year during the annual requalification process. The actual number of minimally required training hours will be determined annually by Marine Safety Division Administration. B. The City will provide annual skin cancer screening examinations to all unit employees to be conducted by a medical facility selected by the City. Unit employees who are screened off duty will be paid one (1) hour of compensation at the employee’s base hourly rate of pay. 184 SURF CITY LIFEGUARD EMPLOYEES’ ASSOCIATION (SCLEA) SCLEA MOU July 1, 2025, through June 30, 2028 6 Article IX – Retirement All employees not eligible for enrollment in the California Public Employees’ Retirement System (CalPERS) shall be enrolled in the Public Agency Retirement Services (PARS). All PARS contributing employees of this unit shall pay 7.5% toward the PARS contribution. Article X – Work Day; Work Week A. Fall, Winter, Spring & Spring Break and Summer City shall establish work schedules for Fall, Winter, Spring & Spring Break, Summer and other schedules as needed. B. Not a Guarantee of Work Neither this provision nor any work schedule shall constitute a guarantee of work (either daily or weekly) for "Recurrent Ocean Lifeguards." C. 1,500 Hours An employee represented by the SCLEA may work up to one thousand five hundred (1,500) hours in a twelve-month (12-month) period. The 12-month period shall be based on a City payroll calendar year. An employee shall not work more than 1,500 hours in this 12-month period. D. Shift Cancellation Any SCLEA employee whose shift is cancelled with less than 24 hours’ notice will receive two hours of pay. The hours paid in the event of shift cancellation shall not count toward satisfying the minimum hour requirement for reserve status. Article XI – Special Pay A. Junior Guard Instructor Pay Employees in the classifications of Ocean Lifeguard, Senior Ocean Lifeguard, and Supervising Ocean Lifeguard shall receive an additional five percent (5%) per hour above their base hourly rate of pay for all hours worked in the Junior Guard 185 SURF CITY LIFEGUARD EMPLOYEES’ ASSOCIATION (SCLEA) SCLEA MOU July 1, 2025, through June 30, 2028 7 Program. The parties agree that unit employees assigned as Junior Guard Instructors must be a minimum of 18 years old. B. EMT 1. Employees who maintain certification as Emergency Medical Technicians ("EMTs") according to State of California regulations and Orange County EMT policy in the classifications of Ocean Lifeguard and Junior Lifeguard Program Coordinator, shall receive an additional five percent (5%) per hour above their base hourly rate of pay. It is the employee's responsibility to maintain the EMT certification and to have a current EMT Certification on file. 2. Employees in the classifications of Senior Ocean Lifeguard and Supervising Ocean Lifeguard shall not be eligible for EMT special pay. Employees in these classifications shall be paid their base hourly rate for the 24 hours of required bi-annual re-certification. The hours paid/worked during the bi-annual EMT re- certification course shall not count towards satisfying the minimum hour requirement for reserve status. C. Bilingual Pay SCLEA employees, who use their bilingual skill as part of their job assignment, shall be paid an additional five percent (5%) over their base hourly rate of pay. Employees shall be tested and certified by the Human Resources Division as to their language proficiency in order to be eligible for said compensation. Eligibility for bilingual pay shall be limited to the following languages: Spanish, Vietnamese, French, German, Japanese, and American Sign Language. D. Effective Date of Special Pay All special pay shall be effective the beginning of the first full pay period following certification and verification as approved by the Department Head /Fire Chief or designee. 186 SURF CITY LIFEGUARD EMPLOYEES’ ASSOCIATION (SCLEA) SCLEA MOU July 1, 2025, through June 30, 2028 8 E. Subpoena/Court Pay Unit employees required/subpoenaed to attend proceedings that occur either on unscheduled work days and/or outside of scheduled work hours, which are directly related to Marine Safety employment, will be paid at the employee’s base hourly rate for time in attendance at said proceedings. F. Holiday Pay Employees shall receive one and a half times (1.5x) their base hourly rate of pay for all hours worked on the following holidays: 1. New Year’s Day 2. Martin Luther King Birthday Holiday 3. Presidents’ Day 4. Memorial Day 5. Independence Day 6. Labor Day 7. Veterans Day 8. Thanksgiving Day 9. Day After Thanksgiving Day 10. Christmas Day Any day declared by the President of the United States to be a national holiday, or by the Governor of the State of California to be a State holiday and adopted as an employee holiday by the City Council of Huntington Beach. Article XII – Overtime A. All unit employees shall be compensated at time and one half the regular rate of pay for all hours worked in excess of forty (40) hours per week. Article XIII – Miscellaneous A. Employer-Employee Relations Resolution During the term of the agreement, the City and SCLEA agree to update the Employee-Employer Relations Resolution to reflect current State law. 187 SURF CITY LIFEGUARD EMPLOYEES’ ASSOCIATION (SCLEA) SCLEA MOU July 1, 2025, through June 30, 2028 9 B. Return to Work Policy The City and the Association agree to the implementation of an Administrative Regulation for a Return to Work / Transition Duty Program for employees who experience industrial and non-industrial injury or illness. C. Grievance Procedure For the purpose of this procedure, a grievance is specifically defined as a dispute concerning the interpretation or application of any provision of the Memorandum of Understanding or any departmental rule governing personnel practices or working conditions. The grievance procedure shall consist of the following steps, each of which must be completed prior to any request for further consideration of the matter unless otherwise provided herein: Step 1. If a SCLEA employee feels that they have a grievance, as defined in C above, they may request a meeting with their immediate Marine Safety Battalion Chief within ten (10) calendar days after the employee becomes aware or reasonably should have become aware of the subject matter of the grievance. The Marine Safety Battalion Chief, within five (5) calendar days of such request, shall meet with the employee when so requested and discuss the grievance in an effort to clarify the issue and work toward a cooperative settlement or resolution of the dispute. The Marine Safety Battalion Chief shall present, verbally and in writing, their decision to the employee within five (5) calendar days from the time of the informal discussion. Step 2. If the grievance is not settled under Step 1, the grievance may be presented to the Marine Safety Division Chief. The grievance shall be submitted within five (5) calendar days after receipt of the written decision from Step 1. Within five (5) days after receipt of the written grievance, the Marine Safety Division Chief shall meet with the employee and their immediate supervisor, if any. Within five (5) calendar days thereafter, a written decision shall be given to the employee from the Marine Safety Division Chief. 188 SURF CITY LIFEGUARD EMPLOYEES’ ASSOCIATION (SCLEA) SCLEA MOU July 1, 2025, through June 30, 2028 10 Step 3. If the grievance is not settled under Step 2, the grievance may be presented to the Department Director/Fire Chief or designee. The grievance shall be submitted within five (5) calendar days after receipt of the written decision from Step 2. Within five (5) days after receipt of the written grievance, the Department Director/Fire Chief or designee shall meet with the employee and their immediate supervisor, if any. Within five (5) calendar days thereafter, a written decision shall be given to the employee from the Department Director/Fire Chief or designee. The decision by the Department Director/Fire Chief or designee shall be considered final and shall end the grievance procedure. In the event the grievant does not comply with the time limits imposed by this Article, the decision is deemed final and the grievance process shall end. D. AB 1522 – Healthy Workplaces, Healthy Families Act of 2014 The City agrees to provide unit members with paid sick leave benefits in accordance with state law. E. Death Related Benefits In the event a SCLEA unit member expires while engaging in the performance of their duties in the course and scope of their work; and should their beneficiaries/survivors be entitled to death -related benefits in accordance with State of California Workers’ Compensation law, the City agrees to provide the named beneficiary designated to receive the employee’s final pay warrant as the beneficiary for a one-time final expense stipend of $10,000. Such stipend shall be in addition to, and not in lieu of, any death-related and/or other benefits their beneficiaries/survivors may be entitled to under State of California Workers’ Compensation law. Such stipend payment to the beneficiary is not life insurance and is subject to the appropriate treatment under Internal Revenue Service regulations. F. Required Training The City shall pay for classes required to complete PC 832 training for Supervising Ocean Lifeguards. Further, the parties agree that any other classes required of 189 SURF CITY LIFEGUARD EMPLOYEES’ ASSOCIATION (SCLEA) SCLEA MOU July 1, 2025, through June 30, 2028 11 any unit employee shall be performed on City time and at City expense. This section does not extend to coursework an employee elects to attend, but that was not authorized by the City. Approval to attend classes shall be per policy. 190 SURF CITY LIFEGUARD EMPLOYEES’ ASSOCIATION (SCLEA) SCLEA MOU July 1, 2025, through June 30, 2028 12 Article XIV – City Council Approval It is the understanding of the City and SCLEA that this MOU has no force or effect whatsoever unless and until adopted by Resolution of the City Council of the City of Huntington Beach. IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding this ______day of _______2025. City of Huntington Beach (A Municipal Corporation) Surf City Lifeguard Employees’ Association By: By: Travis Hopkins City Manager Sean McGlynn SCLEA President By: By: Marissa Sur Director of Human Resources Graham Cope SCLEA Vice President By: By: Eric McCoy Fire Chief Riley Crow SCLEA Secretary By: Robert Wexler Attorney for SCLEA Approved as to form: Michael Vigliotta City Attorney 191 SURF CITY LIFEGUARD EMPLOYEES’ ASSOCIATION (SCLEA) EXHIBIT A – SALARY SCHEDULE SCLEA MOU July 1, 2025, through June 30, 2028 13 EFFECTIVE 7/1/2025 Job No Classification A B C 0820/0821 Ocean Lifeguard $22.50 $25.00 $27.50 0818/0819 Senior Ocean Lifeguard $27.93 $29.93 $31.93 0816/0817 Supervising Ocean Lifeguard $32.43 $34.93 $37.43 0814/0815 Junior Lifeguard Program Coordinator $32.43 $34.93 $37.43 EFFECTIVE 7/1/2026 Job No Classification A B C 0820/0821 Ocean Lifeguard $23.00 $26.00 $29.00 0818/0819 Senior Ocean Lifeguard $28.43 $30.93 $33.43 0816/0817 Supervising Ocean Lifeguard $32.93 $35.93 $38.93 0814/0815 Junior Lifeguard Program Coordinator $32.93 $35.93 $38.93 EFFECTIVE 7/1/2027 Job No Classification A B C 0820/0821 Ocean Lifeguard $23.50 $27.00 $30.50 0818/0819 Senior Ocean Lifeguard $28.93 $31.93 $34.93 0816/0817 Supervising Ocean Lifeguard $33.43 $36.93 $40.43 0814/0815 Junior Lifeguard Program Coordinator $33.43 $36.93 $40.43 192 City of Huntington Beach Tentative Agreement Year 1 Year 2 Year 3 MOU Item #Union Description Rate / $ Estimated YOY Impact Estimated YOY Impact Estimated YOY Impact Total YOY Cost of Proposal 1 SCLEA Term: July 1, 2025 - June 30, 2028 (3 years) 2 SCLEA Salary Adjustment - Move to new 3-step schedule. All employees at Steps A-C go to new Step A. All employees at Steps D-E go to new Step B. All employees at Steps F-G go to new Step C. Years 2 and 3: all classifications receive the following increases each year: Step A: $0.50/hr Step B: $1.00/hr Step C: $1.50/hr Various 274,835 98,626 164,363 537,825 3 SCLEA PC 832 Training class for Supervising Ocean Lifeguards 160 5,280 - - 5,280 4 SCLEA Shift Cancellation Various 3,348 107 107 3,562 Total Cost of Proposal 283,463 98,733 164,470 546,667 193 PI:8 HUN TINGTON BEACH Consideration of Proposed Memorandum of Understanding with Surf City Lifeguard Employees’ Association (SCLEA) City Council Meeting October 7, 2025 194 Overview • Pursuant to the MMBA, the City has been meeting and conferring in good faith with SCLEA since May 2025 • A Tentative Agreement was reached in August • The Tentative Agreement and proposed Memorandum of Understanding (MOU) are being presented to the City Council to formally review and consider 195 Proposed Memorandum of Understanding • 3-year term; July 1, 2025 – June 30, 2028 • Added language consistent with AB 119 • New three-step salary schedule with increases in years 2 and 3 depending on step • Step progression for Reserve Lifeguards depending on hours worked 196 Proposed Memorandum of Understanding (continued) • Updates to uniforms issued to new employees to match current practice • Shift cancellation provision • Set minimum age for Junior Guard Instructors to 18 • City to pay for PC 832 classes for Supervising Ocean Lifeguards 197 Fiscal Impact Projected Cost Year 1 $283,463 Year 2 $98,733 Year 3 $164,470 Projected Total $546,667 198 Recommended Action • Adopt Resolution No. 2025-63, approving the successor MOU with SCLEA, and • Authorize the City Manager or designee to take all administrative and budgetary actions necessary for implementation of Resolution No. 2025-63. 199 Alternative Action • Do not adopt Resolution No. 2025-63 and direct staff to continue the meet and confer process with SCLEA. 200 Questions? 201 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-763 MEETING DATE:10/7/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Travis Hopkins, City Manager VIA:Chau Vu, Director of Public Works PREPARED BY:Eric Tello, Assistant Civil Engineer Subject: Amend the Measure M 7-year Capital Improvement Program for Fiscal Years 2025/2026 through 2031/2032 to add the Trash Provision Compliance FCS Installation project Statement of Issue: The City has been awarded an Orange County Transportation Authority grant for a Trash Provision Compliance Installation Project. To receive funding, the project must be included in the City 7-year Capital Improvement Program (CIP). Accordingly, the City Council is requested to amend the CIP to meet the eligibility requirements of the renewed Measure M (M2). Financial Impact: No additional funding is required for this action. The total project cost is $217,600 of which $174,080 will come from the Project X Environmental Cleanup Program with the Orange County Transportation Authority (OCTA). The grant has a minimum matching requirement of 20% and the City has committed $43,520 (20%) to fund the project. Once the project is completed, City staff will apply for reimbursement in the amount of $174,080 from OCTA. Recommended Action: Amend the Measure M 7-year Capital Improvement Program for Fiscal Years 2025/2026 through 2031/2032 to add the Trash Provision Compliance FCS Installation project. Alternative Action(s): Do not amend the attached 7-year CIP for Measure M eligibility with this project. This action would result in the loss of $217,600 ($174,080 of grant monies) and seek other alternatives for funding. Analysis: The Orange County Transportation Authority (OCTA) has awarded Measure M2 funding for the City’s Trash Provision Compliance FCS Installation Project. To receive this funding, the project must be included in the previously approved Capital Improvement Program (CIP), which was presented to the City of Huntington Beach Printed on 10/1/2025Page 1 of 3 powered by Legistar™ 202 File #:25-763 MEETING DATE:10/7/2025 City Council at its June 3, 2025, meeting. OCTA’s Environmental Cleanup Project (ECP) grant program is a competitive grant which is designed to address pollutants from streets and roadway surfaces such as trash/debris, oil and grease. The Trash Provision Compliance Full Capture System (FCS) Installation Project will install approximately 60 full trash capture devices into existing catch basins located throughout the City’s storm drain network. The goal of the project is to prevent trash, debris, and floatable pollutants from entering the municipal storm drain system and ultimately reaching the ocean and other receiving waters. The project is designed to assist the City with compliance with the Statewide Trash Amendment which requires the City to identify high trash generating land-uses and install Full Capture Systems designed to capture trash/debris 5mm and larger from entering the storm drain system and discharging into local waterways and eventually the Pacific Ocean. Below is the City Council approved 7-year CIP for fiscal years 2025/2026 through 2031/2032 with the addition of the Trash Provision Compliance FCS Installation project. Below is the City Council approved 7-year CIP for fiscal years 2025/2026 through 2031/2032 with the addition of the Trash Provision Compliance FCS Installation project. 1. ADA Improvement Program 2. Arterial Rehabilitation 3. Banning Roundabout and SE Corridor Improvements 4. Bridge Maintenance Projects 5. Bushard Fire Station Signal/Fiber Optic 6. CCTV Camera Installation 7. Citywide Mobility and Corridor Improvements 8. Citywide Safe Route to School Evaluation 9. Concrete Replacements 10.Edinger Avenue Synchronization 11.Fire Station Signal - Murdy Fire Station 12.General Fiber Optic Installation and Maintenance 13.General Public Works CIP Design 14.General Street Maintenance for Public Works 15.Graham and Springdale Street Reconfiguration 16.Hamilton Avenue Corridor Improvements 17.Humboldt Bridge Rehabilitation Project 18.Huntington Beach Catch Basin Retrofit Project 19.Huntington Beach Northwest Catch Basin Retrofit Project City of Huntington Beach Printed on 10/1/2025Page 2 of 3 powered by Legistar™ 203 File #:25-763 MEETING DATE:10/7/2025 20.Magnolia Street Corridor Improvements 21.Residential Alley Rehabilitation 22.Residential Curb Ramp Project 23.Residential Overlay Program 24.TS Modification - Bolsa Avenue/Amazon Delivery 25.TS Synchronization - Bolsa Avenue 26.TS Synchronization - Bolsa Chica 27.Talbert Avenue Synchronization 28.Traffic Signal Goldenwest and Norma/Lydia 29.Traffic Signal Goldenwest Street and Rio Vista Drive 30.Traffic Signal Modification Main and Delaware 31.Traffic Signal Modification Warner and Ash 32.Warner Avenue Synchronization 33.Trash Provision Compliance FCS Installation Public Works Commission Action: Not required for this action. Environmental Status: Not applicable for this action. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Request for Council Action File #: 25-389 approved 7-0 on City Council Meeting Date: 6/3/2025; Approved 7-Year Capital Improvement Program (CIP) 2. June 3, 2025 City Council Meeting Minutes 3. PowerPoint Presentation City of Huntington Beach Printed on 10/1/2025Page 3 of 3 powered by Legistar™ 204 205 City of Huntington Beach File #: 25-389 2000 Main Street, Huntington Beach, CA 92648 APPROVED 7-0 MEETING DATE: 6/3/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Travis Hopkins, City Manager VIA: Chau Vu, Director of Public Works PREPARED BY: Eric Tello, Assistant Civil Engineer Subject: Adopt Resolution No. 2025-30 concerning the status and update of the Circulation Element, and Mitigation Fee Program for the Measure M2 Program and adopt a 7-year Capital Improvement Program for Fiscal Years 2025/2026 through 2031/2032 for compliance with renewed Measure M eligibility requirements Statement of Issue: To remain eligible to receive Measure M2 Program funding, the City must adopt a resolution informing Orange County Transportation Authority (OCTA) that the City's updated Circulation Element, and Mitigation Fee Program has been approved by the City. The City must also submit to OCTA and adopt a ?-year Capital Improvement Program (CIP) in compliance with renewed Measure M (M2) eligibility requirements. Financial Impact: No additional funding is required for this action. The annual Measure M2 local fair share allocation in Fiscal Year 2025/2026 is approximately $5.2 million for the City. Recommended Action: A) Adopt Resolution No. 2025-30, "A Resolution of the City Council of the City of Huntington Beach Concerning the Status and Update of the Circulation Element, and Mitigation Fee Program for Measure M (M2) Program"; and, B) Adopt the ?-year Capital Improvement Program for Fiscal Years 2025/2026 through 2031/2032 for compliance with renewed Measure M eligibility requirements. Alternative Action{s): Do not adopt Resolution No. 2025-30 and/or the attached ?-year CIP for Measure M eligibility and provide staff with an alternative direction. This action would result in a loss of $5.2 million for the next fiscal year, and the loss of allocated and potential grant funding for the traffic and street improvement City of Huntington Beach Page 1 of 4 Printed on 5/29/2025 powered by Legistarrn 305 206 File #: 25-389 projects. Analysis: MEETING DATE: 6/3/2025 On November 6, 1990, Orange County voters approved the original Measure M, the revised Traffic Improvement and Growth Management Ordinance, for twenty years (1991-2011 ). On November 7, 2006, the Orange County voters approved Renewed Measure M. Renewed Measure M is a thirty year (2011-2041 ), multi-billion-dollar program extension of the original Measure M. Renewed Measure M net revenues are generated from a one-half cent sales tax plus any interest or other earnings-after allowable deductions. Net revenues may be allocated to local jurisdictions for a variety of programs identified in Ordinance No. 3 (see Attachment #5). Compliance with the eligibility requirements in Ordinance No. 3 must be established and maintained for local jurisdictions to receive Measure M net revenues. The City must satisfy certain requirements to maintain eligibility to receive funding from OCT A. Although Measure M2 funds are currently in escrow, we must continue to satisfy OCTA eligibility requirements to use funds once they are released. A key requirement is that the City must adopt a 7- year CIP for fiscal years 2025/2026 through 2031/2032, in compliance with renewed Measure M eligibility requirements. The 7-year CIP, which is included as Attachment #3, identifies all projects currently and potentially funded by OCTA Measure M2 funds. The following projects are identified in Attachment #3: 1. ADA Improvement Program 2. Arterial Rehabilitation 3. Banning Roundabout and SE Corridor Improvements 4. Bridge Maintenance Projects 5. Bushard Fire Station Signal/Fiber Optic 6. CCTV Camera Installation 7. Citywide Mobility and Corridor Improvements 8. Citywide Safe Route to School Evaluation 9. Concrete Replacements 10. Edinger Avenue Synchronization 11 . Fire Station Signal -Murdy Fire Station 12. General Fiber Optic Installation and Maintenance 13. General Public Works CIP Design 14. General Street Maintenance for Public Works 15. Graham and Springdale Street Reconfiguration City of Huntington Beach Page 2 of 4 Printed on 5/29/2025 powered by Legistarn-1 306 207 File #: 25-389 16. Hamilton Avenue Corridor Improvements 17. Humboldt Bridge Rehabilitation Project 18. Huntington Beach Catch Basin Retrofit Project 19. Huntington Beach Northwest Catch Basin Retrofit Project 20. Magnolia Street Corridor Improvements 21. Residential Alley Rehabilitation 22. Residential Curb Ramp Project 23. Residential Overlay Program 24. TS Modification -Balsa Avenue/Amazon Delivery 25. TS Synchronization -Balsa Avenue 26. TS Synchronization -Balsa Chica 27. Talbert Avenue Synchronization 28. Traffic Signal -Goldenwest and Norma/Lydia 29. Traffic Signal Goldenwest Street and Rio Vista Drive 30. Traffic Signal Modification Main and Delaware 31. Traffic Signal Modification Warner and Ash 32. Warner Avenue Synchronization Circulation Element/ MPAH Consistency MEETING DATE: 6/3/2025 The Circulation Element is one component of the City's General Plan that depicts a planned multi- modal network and related policies (Attachment #4 ). The City's Circulation Element defines the minimum planned lane configurations for major roads and shall be consistent with the OCTA MPAH, which defines the minimum planned lane configurations for major regionally significant roads in Orange County. Mitigation Fee Program The Mitigation Fee Program is an established fee program which assesses fees used to mitigate effects of new development on transportation infrastructure. Appropriate mitigation measures, including payment of fees, construction of improvements, or any combination thereof, will be determined through an established and documented process by the City. The City previously adopted Resolution No. 2012-23 establishing new and revised mitigation fees (Attachment #2). Additionally, Resolution No. 2025-30 allows the City to meet annual eligibility requirements to receive M2 Net Revenues (Attachment #1 ). Public Works Commission Action: Not required for this action. City of Huntington Beach Page 3 of 4 Printed on 5/29/2025 powered by Legistarw 307 208 File #: 25-389 MEETING DATE: 6/3/2025 Environmental Status: Not applicable for this action. Strategic Plan Goal: Non Applicable -Administrative Item Attachment(s): 1. Resolution No. 2025-30 "A Resolution of the City Council of the City of Huntington Beach Concerning the Status and Update of the Circulation Element, and Mitigation Fee Program for Measure M (M2) Program" 2. Resolution No. 2012-23 3. Measure M ?-year Capital Improvement Program (FY 2025/2026 through 2031/2032) 4. Huntington Beach Circulation Element 5. OCTA Ordinance No. 3 6. PowerPoint Presentation City of Huntington Beach Page 4 of 4 Printed on 5/29/2025 powered by Legistarm 308 Orange County Transportation Authority FY 2025/26 - FY 2031/32 Capital Improvement Program TIP ID CP-12514 IMPLEMENTING AGENCY Huntington Beach, City of Local Project Number:Project Title Additional Project IDs:ADA Improvement Program Type of Work:Pedestrian Project Description Type of Work Description:Pedestrian - Reconstruction or rehabilitation of sidewalk Bring into ADA compliance select areas in the city arterial and residential streets and sidewalks. Limits Citywide Project Notes FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2026 Measure M2 Local Fairshare $0 $0 $250,000 $0 $250,000 $256,250 2027 Measure M2 Local Fairshare $0 $0 $250,000 $0 $250,000 $262,656 2028 Measure M2 Local Fairshare $0 $0 $250,000 $0 $250,000 $269,223 2029 Measure M2 Local Fairshare $0 $0 $250,000 $0 $250,000 $275,953 2030 Measure M2 Local Fairshare $0 $0 $250,000 $0 $250,000 $282,852 2031 Measure M2 Local Fairshare $0 $0 $250,000 $0 $250,000 $289,923 2032 Measure M2 Local Fairshare $0 $0 $250,000 $0 $250,000 $297,171 Totals:$0 $0 $1,750,000 $0 $1,750,000 $1,934,028 Last Revised: 25-00 - In Progress Total Programmed: $1,750,000 5/7/25, 3:39 PM ocfundtracker.octa.net/CIP/report_project_listing https://ocfundtracker.octa.net/CIP/report_project_listing 1/13209 ---------- TIP ID CP-10389 IMPLEMENTING AGENCY Huntington Beach, City of Local Project Number:Project Title Additional Project IDs:Arterial Rehabilitation Type of Work:Road Maintenance Project Description Type of Work Description:Road Maintenance - Rehabilitation of roadway For FY 2025/2026, the arterials that will be rehabilitated include Heil Avenue (Goldenwest-Gothard) and Newland Street (Heil-Slater). Limits Citywide Project Notes Other indicates Prop 42. FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2026 Other $0 $0 $600,000 $0 $600,000 $615,000 2026 Local Streets and Roads apportionments $0 $0 $6,000,000 $0 $6,000,000 $6,150,000 2027 Measure M2 Local Fairshare $0 $0 $1,000,000 $0 $1,000,000 $1,050,625 2027 Local Streets and Roads apportionments $0 $0 $5,600,000 $0 $5,600,000 $5,883,500 2028 Local Streets and Roads apportionments $0 $0 $5,600,000 $0 $5,600,000 $6,030,587 2028 Measure M2 Local Fairshare $0 $0 $1,000,000 $0 $1,000,000 $1,076,891 2029 Measure M2 Local Fairshare $0 $0 $1,000,000 $0 $1,000,000 $1,103,813 2029 Local Streets and Roads apportionments $0 $0 $5,600,000 $0 $5,600,000 $6,181,352 2030 Local Streets and Roads apportionments $0 $0 $5,600,000 $0 $5,600,000 $6,335,886 2030 Measure M2 Local Fairshare $0 $0 $1,000,000 $0 $1,000,000 $1,131,408 2031 Measure M2 Local Fairshare $0 $0 $1,000,000 $0 $1,000,000 $1,159,693 2031 Local Streets and Roads apportionments $0 $0 $5,600,000 $0 $5,600,000 $6,494,283 2032 Measure M2 Local Fairshare $0 $0 $1,000,000 $0 $1,000,000 $1,188,686 2032 Local Streets and Roads apportionments $0 $0 $5,600,000 $0 $5,600,000 $6,656,640 Totals:$0 $0 $46,200,000 $0 $46,200,000 $51,058,364 Last Revised: 25-00 - In Progress Total Programmed: $46,200,000 TIP ID CP-12524 IMPLEMENTING AGENCY Huntington Beach, City of Local Project Number:Project Title Additional Project IDs:Banning Roundabout and SE Corridor Improvements Type of Work:Intersection Project Description Type of Work Description:Intersection - Roundabout Construct new roundabout at the intersection of Banning and Bushard. Newland Street, Bushard Street, and Brookhurst Street will have complete street improvements. Limits Southeast Corridors Project Notes Other indicates AES and OCTA funding. FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2026 Other $0 $0 $5,645,000 $0 $5,645,000 $5,786,125 Totals:$0 $0 $5,645,000 $0 $5,645,000 $5,786,125 Last Revised: 25-00 - In Progress Total Programmed: $5,645,000 5/7/25, 3:39 PM ocfundtracker.octa.net/CIP/report_project_listing https://ocfundtracker.octa.net/CIP/report_project_listing 2/13210 ---------- TIP ID CP-11826 IMPLEMENTING AGENCY Huntington Beach, City of Local Project Number:Project Title Additional Project IDs:Bridge Maintenance Projects Type of Work:Bridge Project Description Type of Work Description:Bridge - Rehabilitation of existing pavement/structure Program will correct minor structural defects, repair deficiencies, and extend the service life of existing bridges. Limits Citywide Project Notes FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2026 Measure M2 Local Fairshare $150,000 $0 $505,000 $0 $655,000 $667,625 2027 Measure M2 Local Fairshare $150,000 $0 $505,000 $0 $655,000 $680,566 2028 Measure M2 Local Fairshare $150,000 $0 $505,000 $0 $655,000 $693,830 2029 Measure M2 Local Fairshare $150,000 $0 $505,000 $0 $655,000 $707,426 2030 Measure M2 Local Fairshare $150,000 $0 $505,000 $0 $655,000 $721,361 2031 Measure M2 Local Fairshare $150,000 $0 $505,000 $0 $655,000 $735,645 2032 Measure M2 Local Fairshare $150,000 $0 $505,000 $0 $655,000 $750,286 Totals:$1,050,000 $0 $3,535,000 $0 $4,585,000 $4,956,739 Last Revised: 25-00 - In Progress Total Programmed: $4,585,000 TIP ID CP-12504 IMPLEMENTING AGENCY Huntington Beach, City of Local Project Number:Project Title Additional Project IDs:Bushard Fire Station Signal/Fiber Optic Type of Work:Traffic Signals Project Description Type of Work Description:Traffic Signals - Install new traffic signals and equipment Install traffic signal on Bushard Street at the Bushard Fire Station, north of Adams Avenue. Includes the installation of fiber optic conduit and cable along Bushard between Yorktown and Adams. Limits Yorktown Avenue to Adams Avenue Project Notes FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2026 Traffic Impact Fees $40,000 $0 $0 $0 $40,000 $40,000 2027 Traffic Impact Fees $0 $0 $725,000 $0 $725,000 $761,703 Totals:$40,000 $0 $725,000 $0 $765,000 $801,703 Last Revised: 25-00 - In Progress Total Programmed: $765,000 TIP ID CP-12507 IMPLEMENTING AGENCY Huntington Beach, City of Local Project Number:Project Title Additional Project IDs:CCTV Camera Installation Type of Work:Traffic Signals Project Description Type of Work Description:Traffic Signals - Install new traffic signals and equipment Install CCTV cameras at 12 signalized locations in the City controlled from Traffic Management Center. Limits Citywide Project Notes FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2026 Traffic Impact Fees $0 $0 $90,000 $0 $90,000 $92,250 Totals:$0 $0 $90,000 $0 $90,000 $92,250 Last Revised: 25-00 - In Progress Total Programmed: $90,000 5/7/25, 3:39 PM ocfundtracker.octa.net/CIP/report_project_listing https://ocfundtracker.octa.net/CIP/report_project_listing 3/13211 ------------ ---------- TIP ID CP-12521 IMPLEMENTING AGENCY Huntington Beach, City of Local Project Number:Project Title Additional Project IDs:Citywide Mobility And Corridor Improvements Type of Work:Bikeways Project Description Type of Work Description:Bikeways - New bike route Design and construction of various bikeway and aesthetic infrastructure on key routes. Limits Citywide Project Notes FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2026 Traffic Impact Fees $20,000 $0 $130,000 $0 $150,000 $153,250 2027 Traffic Impact Fees $20,000 $0 $130,000 $0 $150,000 $156,581 2028 Traffic Impact Fees $20,000 $0 $130,000 $0 $150,000 $159,996 2029 Traffic Impact Fees $20,000 $0 $130,000 $0 $150,000 $163,496 2030 Traffic Impact Fees $20,000 $0 $130,000 $0 $150,000 $167,083 2031 Traffic Impact Fees $20,000 $0 $130,000 $0 $150,000 $170,760 2032 Traffic Impact Fees $20,000 $0 $130,000 $0 $150,000 $174,529 Totals:$140,000 $0 $910,000 $0 $1,050,000 $1,145,695 Last Revised: 25-00 - In Progress Total Programmed: $1,050,000 TIP ID CP-12516 IMPLEMENTING AGENCY Huntington Beach, City of Local Project Number:Project Title Additional Project IDs:Citywide Safe Route to School Evaluation Type of Work:Safety Project Description Type of Work Description:Safety - Other Complete a comprehensive evaluation of pedestrian, bike, and vehicle facilities and programs at each public school within the City. Limits Citywide Project Notes Other indicates Safe Route to School grant fund. FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2026 Measure M2 Local Fairshare $125,000 $0 $0 $0 $125,000 $125,000 2026 Other $500,000 $0 $0 $0 $500,000 $500,000 Totals:$625,000 $0 $0 $0 $625,000 $625,000 Last Revised: 25-00 - In Progress Total Programmed: $625,000 5/7/25, 3:39 PM ocfundtracker.octa.net/CIP/report_project_listing https://ocfundtracker.octa.net/CIP/report_project_listing 4/13212 ------------ ------------ TIP ID CP-10391 IMPLEMENTING AGENCY Huntington Beach, City of Local Project Number:Project Title Additional Project IDs:Concrete Replacements Type of Work:Pedestrian Project Description Type of Work Description:Pedestrian - Reconstruction or rehabilitation of sidewalk Replace worn, damaged, lifted, and broken sections of concrete sidewalk, curb and gutter, and curb ramps in support of the zone maintenance program and in various locations citywide. Limits Citywide Project Notes FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2026 Measure M2 Local Fairshare $0 $0 $500,000 $0 $500,000 $512,500 2027 Measure M2 Local Fairshare $0 $0 $500,000 $0 $500,000 $525,312 2028 Measure M2 Local Fairshare $0 $0 $500,000 $0 $500,000 $538,445 2029 Measure M2 Local Fairshare $0 $0 $500,000 $0 $500,000 $551,906 2030 Measure M2 Local Fairshare $0 $0 $500,000 $0 $500,000 $565,704 2031 Measure M2 Local Fairshare $0 $0 $500,000 $0 $500,000 $579,847 2032 Measure M2 Local Fairshare $0 $0 $500,000 $0 $500,000 $594,343 Totals:$0 $0 $3,500,000 $0 $3,500,000 $3,868,057 Last Revised: 25-00 - In Progress Total Programmed: $3,500,000 TIP ID CP-10392 IMPLEMENTING AGENCY Huntington Beach, City of Local Project Number: 12-OCTA-TSP-3625 Project Title Additional Project IDs:Edinger Avenue Synchronization Type of Work:Traffic Signals Project Description Type of Work Description:Traffic Signals - Interconnect traffic signals to improve coordination and communications OCTA leading joint project with Westminster, Fountain Valley, and Santa Ana. OCTA applying for SB-1 funding. Limits From Bolsa Chica Street to Newland Street Project Notes Other: Funding from FY 20/21 carried over through FY 25/26. Other indicates Traffic Congestion Relief (Prop 42). FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2026 Other $0 $0 $80,000 $0 $80,000 $82,000 Totals:$0 $0 $80,000 $0 $80,000 $82,000 Last Revised: 25-00 - In Progress Total Programmed: $80,000 TIP ID CP-12141 IMPLEMENTING AGENCY Huntington Beach, City of Local Project Number:Project Title Additional Project IDs:Fire Station Signal - Murdy Fire Station Type of Work:Traffic Signals Project Description Type of Work Description:Traffic Signals - Install new traffic signals and equipment Improve safety by installing a fire signal which will enable the Fire Department to stop traffic on Gothard Street while egressing the fire station. Limits Murdy Fire Station on Gothard Street between Edinger Avenue and Heil Avenue Project Notes FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2026 Traffic Impact Fees $0 $0 $345,000 $0 $345,000 $353,625 Totals:$0 $0 $345,000 $0 $345,000 $353,625 Last Revised: 25-00 - In Progress Total Programmed: $345,000 5/7/25, 3:39 PM ocfundtracker.octa.net/CIP/report_project_listing https://ocfundtracker.octa.net/CIP/report_project_listing 5/13213 ---------- ---------- TIP ID CP-12527 IMPLEMENTING AGENCY Huntington Beach, City of Local Project Number:Project Title Additional Project IDs:General Fiber Optic Installation and Maintenance Type of Work:Traffic Signals Project Description Type of Work Description:Traffic Signals - Replace and upgrade traffic signals and equipment Maintenance of fiber optics needed for traffic-lighted intersections. Limits Citywide Project Notes FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2026 Traffic Impact Fees $0 $0 $100,000 $0 $100,000 $102,500 2027 Traffic Impact Fees $0 $0 $100,000 $0 $100,000 $105,062 2028 Traffic Impact Fees $0 $0 $100,000 $0 $100,000 $107,689 2029 Traffic Impact Fees $0 $0 $100,000 $0 $100,000 $110,381 2030 Traffic Impact Fees $0 $0 $100,000 $0 $100,000 $113,141 2031 Traffic Impact Fees $0 $0 $100,000 $0 $100,000 $115,969 2032 Traffic Impact Fees $0 $0 $100,000 $0 $100,000 $118,869 Totals:$0 $0 $700,000 $0 $700,000 $773,611 Last Revised: 25-00 - In Progress Total Programmed: $700,000 TIP ID CP-12528 IMPLEMENTING AGENCY Huntington Beach, City of Local Project Number:Project Title Additional Project IDs:General Public Works CIP Design Type of Work:Other Project Description Type of Work Description:Other - Other Design tasks as needed for projects related to freeway, environmental, transit, streets, roads, alleys, and bridge projects Limits Citywide Project Notes FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2026 Measure M2 Local Fairshare $0 $0 $100,000 $0 $100,000 $102,500 2027 Measure M2 Local Fairshare $0 $0 $100,000 $0 $100,000 $105,062 2028 Measure M2 Local Fairshare $0 $0 $100,000 $0 $100,000 $107,689 2029 Measure M2 Local Fairshare $0 $0 $100,000 $0 $100,000 $110,381 2030 Measure M2 Local Fairshare $0 $0 $100,000 $0 $100,000 $113,141 2031 Measure M2 Local Fairshare $0 $0 $100,000 $0 $100,000 $115,969 2032 Measure M2 Local Fairshare $0 $0 $100,000 $0 $100,000 $118,869 Totals:$0 $0 $700,000 $0 $700,000 $773,611 Last Revised: 25-00 - In Progress Total Programmed: $700,000 5/7/25, 3:39 PM ocfundtracker.octa.net/CIP/report_project_listing https://ocfundtracker.octa.net/CIP/report_project_listing 6/13214 ---------- --------------- TIP ID CP-10393 IMPLEMENTING AGENCY Huntington Beach, City of Local Project Number:Project Title Additional Project IDs:General Street Maintenance for Public Works Type of Work:Other Project Description Type of Work Description:Other - Other Annual maintenance work for concrete, slurry seal, potholes and failed asphalt; O&M of traffic signals, replacement of striping and signage, including engineering and inspection as needed on an annual basis. Limits Citywide Project Notes FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2026 Measure M2 Local Fairshare $0 $0 $2,000,000 $0 $2,000,000 $2,050,000 2027 Measure M2 Local Fairshare $0 $0 $2,000,000 $0 $2,000,000 $2,101,250 2028 Measure M2 Local Fairshare $0 $0 $2,000,000 $0 $2,000,000 $2,153,781 2029 Measure M2 Local Fairshare $0 $0 $2,000,000 $0 $2,000,000 $2,207,626 2030 Measure M2 Local Fairshare $0 $0 $2,000,000 $0 $2,000,000 $2,262,816 2031 Measure M2 Local Fairshare $0 $0 $2,000,000 $0 $2,000,000 $2,319,387 2032 Measure M2 Local Fairshare $0 $0 $2,000,000 $0 $2,000,000 $2,377,372 Totals:$0 $0 $14,000,000 $0 $14,000,000 $15,472,232 Last Revised: 25-00 - In Progress Total Programmed: $14,000,000 TIP ID CP-12517 IMPLEMENTING AGENCY Huntington Beach, City of Local Project Number:Project Title Additional Project IDs:Graham and Springdale Street Reconfiguration Type of Work:Transportation Planning Project Description Type of Work Description:Transportation Planning - Studies Evaluation of excess right-of-way segments to develop reconfiguration concepts with implementation of concepts from the Mobility Plan. Limits South End of Graham Street and Springdale Street Project Notes FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2026 Measure M2 Local Fairshare $70,000 $0 $0 $0 $70,000 $70,000 2027 General Fund $0 $450,000 $0 $0 $450,000 $472,781 2027 Measure M2 Local Fairshare $0 $60,000 $0 $0 $60,000 $63,037 2028 Measure M2 Local Fairshare $0 $60,000 $0 $0 $60,000 $64,613 2028 General Fund $0 $450,000 $0 $0 $450,000 $484,601 Totals:$70,000 $1,020,000 $0 $0 $1,090,000 $1,155,032 Last Revised: 25-00 - In Progress Total Programmed: $1,090,000 TIP ID CP-12523 IMPLEMENTING AGENCY Huntington Beach, City of Local Project Number:Project Title Additional Project IDs:Hamilton Avenue Corridor Improvements Type of Work:Road Maintenance Project Description Type of Work Description:Road Maintenance - Rehabilitation of roadway Construct complete street elements that include installing new street median, enhanced mobility, and replacing damaged areas. Limits Magnolia Street - Brookhurst Street Project Notes Other indicates AES and OCTA funding. FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2026 Other $0 $0 $4,481,000 $0 $4,481,000 $4,593,025 Totals:$0 $0 $4,481,000 $0 $4,481,000 $4,593,025 Last Revised: 25-00 - In Progress Total Programmed: $4,481,000 5/7/25, 3:39 PM ocfundtracker.octa.net/CIP/report_project_listing https://ocfundtracker.octa.net/CIP/report_project_listing 7/13215 ---------- ------------ TIP ID CP-11279 IMPLEMENTING AGENCY Huntington Beach, City of Local Project Number:Project Title Additional Project IDs:Humboldt Bridge Rehabilitation Project Type of Work:Bridge Project Description Type of Work Description:Bridge - Rehabilitation of existing pavement/structure Design and rehabilitation of City bridge. Humboldt bridge is planned for construction in FY 25/26. Limits Humboldt Drive Bridge (over Short Channel) Project Notes Project added in the event that M2 local fair share funds are used to pay for costs that are not reimbursed through HBP grant funding. FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2026 Other $0 $0 $2,814,000 $0 $2,814,000 $2,884,350 2026 Measure M2 Local Fairshare $0 $0 $2,520,000 $0 $2,520,000 $2,583,000 Totals:$0 $0 $5,334,000 $0 $5,334,000 $5,467,350 Last Revised: 25-00 - In Progress Total Programmed: $5,334,000 TIP ID CP-10394 IMPLEMENTING AGENCY Huntington Beach, City of Local Project Number: 14-HBCH-ECP-3742 Project Title Additional Project IDs:Huntington Beach Catch Basin Retrofit Project Type of Work:Environmental Cleanup Project Description Type of Work Description:Environmental Cleanup - Automatic Retractable Screen and other debris screens or inserts Maintenance of 111 catch basins retrofitted with Bio Clean Round Curb Inlet Filters. Limits Citywide Project Notes FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2026 Developer $0 $0 $0 $22,023 $22,023 $22,023 Totals:$0 $0 $0 $22,023 $22,023 $22,023 Last Revised: 25-00 - In Progress Total Programmed: $22,023 TIP ID CP-10395 IMPLEMENTING AGENCY Huntington Beach, City of Local Project Number: 13-HBCH-ECP-3687 Project Title Additional Project IDs:Huntington Beach Northwest Catch Basin Retrofit Project Type of Work:Environmental Cleanup Project Description Type of Work Description:Environmental Cleanup - Catchment Retrofit Maintenance of 102 catch basins retrofitted with Bio Clean Round Curb Inlet Filters and Skimmer Box. Limits Citywide in Northwest Part of City Project Notes Funding is a maintenance match for the previous grant. FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2026 General Fund $0 $0 $0 $104 $104 $104 Totals:$0 $0 $0 $104 $104 $104 Last Revised: 25-00 - In Progress Total Programmed: $104 TIP ID CP-12522 IMPLEMENTING AGENCY Huntington Beach, City of Local Project Number:Project Title Additional Project IDs:Magnolia Street Corridor Improvements Type of Work:Road Maintenance Project Description Type of Work Description:Road Maintenance - Rehabilitation of roadway Complete street improvements including pavement slurry, striping, hardscape, and landscape. Limits Adams Avenue - Pacific Coast Highway Project Notes Other indicates AES and OCTA funding. FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2026 Other $416,000 $0 $0 $0 $416,000 $416,000 2027 Other $0 $0 $4,811,000 $0 $4,811,000 $5,054,557 2027 Measure M2 Local Fairshare $0 $0 $420,000 $0 $420,000 $441,262 Totals:$416,000 $0 $5,231,000 $0 $5,647,000 $5,911,819 Last Revised: 25-00 - In Progress Total Programmed: $5,647,000 5/7/25, 3:39 PM ocfundtracker.octa.net/CIP/report_project_listing https://ocfundtracker.octa.net/CIP/report_project_listing 8/13216 ---------- TIP ID CP-12515 IMPLEMENTING AGENCY Huntington Beach, City of Local Project Number:Project Title Additional Project IDs:Residential Alley Rehabilitation Type of Work:Road Maintenance Project Description Type of Work Description:Road Maintenance - Alleys Program to rehabilitate the City's alleys. Locations will be determined based on the alley condition survey. Limits Citywide Project Notes FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2026 Measure M2 Local Fairshare $0 $0 $600,000 $0 $600,000 $615,000 2027 Measure M2 Local Fairshare $0 $0 $600,000 $0 $600,000 $630,375 2028 Measure M2 Local Fairshare $0 $0 $600,000 $0 $600,000 $646,134 2029 Measure M2 Local Fairshare $0 $0 $600,000 $0 $600,000 $662,288 2030 Measure M2 Local Fairshare $0 $0 $600,000 $0 $600,000 $678,845 2031 Measure M2 Local Fairshare $0 $0 $600,000 $0 $600,000 $695,816 2032 Measure M2 Local Fairshare $0 $0 $600,000 $0 $600,000 $713,211 Totals:$0 $0 $4,200,000 $0 $4,200,000 $4,641,669 Last Revised: 25-00 - In Progress Total Programmed: $4,200,000 TIP ID CP-10399 IMPLEMENTING AGENCY Huntington Beach, City of Local Project Number:Project Title Additional Project IDs:Residential Curb Ramp Project Type of Work:Pedestrian Project Description Type of Work Description:Pedestrian - Installation of ADA access ramps Install ADA Access Ramps . This is an annual project that will install ramps at locations where adjacent streets are altered or rehabilitated. Limits Citywide Project Notes FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2026 Measure M2 Local Fairshare $0 $0 $640,000 $0 $640,000 $656,000 2026 Community Development Block Grant $0 $0 $110,000 $0 $110,000 $112,750 2027 Measure M2 Local Fairshare $0 $0 $640,000 $0 $640,000 $672,400 2027 Community Development Block Grant $0 $0 $110,000 $0 $110,000 $115,569 2028 Measure M2 Local Fairshare $0 $0 $640,000 $0 $640,000 $689,210 2028 Community Development Block Grant $0 $0 $110,000 $0 $110,000 $118,458 2029 Measure M2 Local Fairshare $0 $0 $640,000 $0 $640,000 $706,440 2029 Community Development Block Grant $0 $0 $110,000 $0 $110,000 $121,419 2030 Measure M2 Local Fairshare $0 $0 $640,000 $0 $640,000 $724,101 2030 Community Development Block Grant $0 $0 $110,000 $0 $110,000 $124,455 2031 Community Development Block Grant $0 $0 $110,000 $0 $110,000 $127,566 2031 Measure M2 Local Fairshare $0 $0 $640,000 $0 $640,000 $742,204 2032 Community Development Block Grant $0 $0 $110,000 $0 $110,000 $130,755 2032 Measure M2 Local Fairshare $0 $0 $640,000 $0 $640,000 $760,759 Totals:$0 $0 $5,250,000 $0 $5,250,000 $5,802,086 Last Revised: 25-00 - In Progress Total Programmed: $5,250,000 5/7/25, 3:39 PM ocfundtracker.octa.net/CIP/report_project_listing https://ocfundtracker.octa.net/CIP/report_project_listing 9/13217 ---------- ---------- TIP ID CP-10400 IMPLEMENTING AGENCY Huntington Beach, City of Local Project Number:Project Title Additional Project IDs:Residential Overlay Program Type of Work:Road Maintenance Project Description Type of Work Description:Road Maintenance - Rehabilitation of roadway Rehabilitation of residential streets with asphalt overlay will take place within the City's scheduled Maintenance Zones. This annual project aims to provide street overlay rehabilitation based on the PMP ratings. Limits Citywide Project Notes Other indicates Sewer Service Fund, Water Fund, Infrastructure Fund, and Prop 42. FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2026 Measure M2 Local Fairshare $0 $0 $1,000,000 $0 $1,000,000 $1,025,000 2026 Gas Tax $0 $0 $3,300,000 $0 $3,300,000 $3,382,500 2026 Other $0 $0 $1,150,000 $0 $1,150,000 $1,178,750 2027 Other $0 $0 $2,600,000 $0 $2,600,000 $2,731,625 2027 Measure M2 Local Fairshare $0 $0 $1,600,000 $0 $1,600,000 $1,681,000 2027 Gas Tax $0 $0 $2,000,000 $0 $2,000,000 $2,101,250 2028 Gas Tax $0 $0 $2,000,000 $0 $2,000,000 $2,153,781 2028 Measure M2 Local Fairshare $0 $0 $1,600,000 $0 $1,600,000 $1,723,025 2028 Other $0 $0 $2,600,000 $0 $2,600,000 $2,799,916 2029 Measure M2 Local Fairshare $0 $0 $1,600,000 $0 $1,600,000 $1,766,101 2029 Other $0 $0 $2,600,000 $0 $2,600,000 $2,869,914 2029 Gas Tax $0 $0 $2,000,000 $0 $2,000,000 $2,207,626 2030 Other $0 $0 $2,600,000 $0 $2,600,000 $2,941,661 2030 Gas Tax $0 $0 $2,000,000 $0 $2,000,000 $2,262,816 2030 Measure M2 Local Fairshare $0 $0 $1,600,000 $0 $1,600,000 $1,810,253 2031 Other $0 $0 $2,600,000 $0 $2,600,000 $3,015,203 2031 Gas Tax $0 $0 $2,000,000 $0 $2,000,000 $2,319,387 2031 Measure M2 Local Fairshare $0 $0 $1,600,000 $0 $1,600,000 $1,855,509 2032 Measure M2 Local Fairshare $0 $0 $1,600,000 $0 $1,600,000 $1,901,897 2032 Gas Tax $0 $0 $2,000,000 $0 $2,000,000 $2,377,372 2032 Other $0 $0 $2,600,000 $0 $2,600,000 $3,090,583 Totals:$0 $0 $42,650,000 $0 $42,650,000 $47,195,169 Last Revised: 25-00 - In Progress Total Programmed: $42,650,000 TIP ID CP-12503 IMPLEMENTING AGENCY Huntington Beach, City of Local Project Number:Project Title Additional Project IDs:TS Modification - Bolsa Avenue/Amazon Dirveway Type of Work:Traffic Signals Project Description Type of Work Description:Traffic Signals - Install new traffic signals and equipment Install eastbound left-turn arrows at the intersection of Bolsa Avenue and the Amazon Driveway (east of Bolsa Chica Street). Limits Bolsa Avenue and Amazon Driveway Intersection Project Notes FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2026 Traffic Impact Fees $40,000 $0 $0 $0 $40,000 $40,000 2027 Traffic Impact Fees $0 $0 $362,500 $0 $362,500 $380,852 Totals:$40,000 $0 $362,500 $0 $402,500 $420,852 Last Revised: 25-00 - In Progress Total Programmed: $402,500 5/7/25, 3:39 PM ocfundtracker.octa.net/CIP/report_project_listing https://ocfundtracker.octa.net/CIP/report_project_listing 10/13218 ---------- ------------ TIP ID CP-11542 IMPLEMENTING AGENCY Huntington Beach, City of Local Project Number: 21-OCTA-TSP-4002 Project Title Additional Project IDs:TS Synchronization - Bolsa Type of Work:Traffic Signals Project Description Type of Work Description:Traffic Signals - Interconnect traffic signals to improve coordination and communications Provide operational & infrastructure improvements along Bolsa Ave from Bolsa Chica to Edwards. This is a multijurisdictional project w/ Caltrans, Westminster, Santa Ana, & Tustin. Work within HB incl signal timing, new controllers, & battery back-up Limits Bolsa Avenue from Bolsa Chica Street to Edwards Street Project Notes This is an OCTA grant. OCTA will manage the project and is contributing $173,000 (HB segment only). Other indicates Traffic Congestion Relief fund. Other indicates Traffic Congestion Relief Fund. FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2026 Other $5,000 $0 $60,000 $5,000 $70,000 $71,500 Totals:$5,000 $0 $60,000 $5,000 $70,000 $71,500 Last Revised: 25-00 - In Progress Total Programmed: $70,000 TIP ID CP-11847 IMPLEMENTING AGENCY Huntington Beach, City of Local Project Number: 20-HBCH-TSP-3973 Project Title Additional Project IDs:TS Synchronization - Bolsa Chica Type of Work:Traffic Signals Project Description Type of Work Description:Traffic Signals - Replace and upgrade traffic signals and equipment Provide operational and infrastructure improvements along Bolsa Chica St. This is a multijurisdictional project including Caltrans and the Cities of Westminister and Garden Grove. Work within HB includes signal timing, CCTV, and fiber optics. Limits Bolsa Chica Street from Warner Avenue to Rancho Road Project Notes Other indicates Infrastructure Fund and OCTA CIP Grant. FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2026 Other $0 $0 $0 $30,400 $30,400 $30,400 Totals:$0 $0 $0 $30,400 $30,400 $30,400 Last Revised: 25-00 - In Progress Total Programmed: $30,400 TIP ID CP-10401 IMPLEMENTING AGENCY Huntington Beach, City of Local Project Number:Project Title Additional Project IDs:Talbert Avenue Synchronization Type of Work:Traffic Signals Project Description Type of Work Description:Traffic Signals - Interconnect traffic signals to improve coordination and communications Provide operational and infrastructure improvements. OCTA leading joint project with Fountain Valley and Santa Ana. OCTA applying for SB-1 funding. Limits Beach Boulevard to Newland Street Project Notes Other: Funding from FY 20/21 carried over through FY 25/26. FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2026 Air Quality Management District $0 $0 $6,000 $0 $6,000 $6,150 Totals:$0 $0 $6,000 $0 $6,000 $6,150 Last Revised: 25-00 - In Progress Total Programmed: $6,000 5/7/25, 3:39 PM ocfundtracker.octa.net/CIP/report_project_listing https://ocfundtracker.octa.net/CIP/report_project_listing 11/13219 --------------------- TIP ID CP-12505 IMPLEMENTING AGENCY Huntington Beach, City of Local Project Number:Project Title Additional Project IDs:Traffic Signal - Goldenwest and Norma/Lydia Type of Work:Traffic Signals Project Description Type of Work Description:Traffic Signals - Install new traffic signals and equipment Install North-South left-turn arrows at the intersection of Goldenwest Street and Norma Drive/Lydia Drive. Limits Goldenwest Street and Norma Drive/Lydia Drive Intersection Project Notes FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2026 Traffic Impact Fees $40,000 $0 $0 $0 $40,000 $40,000 2027 Traffic Impact Fees $0 $0 $487,500 $0 $487,500 $512,180 Totals:$40,000 $0 $487,500 $0 $527,500 $552,180 Last Revised: 25-00 - In Progress Total Programmed: $527,500 TIP ID CP-12506 IMPLEMENTING AGENCY Huntington Beach, City of Local Project Number:Project Title Additional Project IDs:Traffic Signal Goldenwest Street and Rio Vista Drive Type of Work:Traffic Signals Project Description Type of Work Description:Traffic Signals - Install new traffic signals and equipment Install northbound left-turn arrows at the intersection of Goldenwest Street and Rio Vista Drive. Limits Goldenwest Street and Rio Vista Drive Intersection Project Notes FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2026 Traffic Impact Fees $30,000 $0 $0 $0 $30,000 $30,000 2027 Traffic Impact Fees $0 $0 $200,000 $0 $200,000 $210,125 Totals:$30,000 $0 $200,000 $0 $230,000 $240,125 Last Revised: 25-00 - In Progress Total Programmed: $230,000 TIP ID CP-11540 IMPLEMENTING AGENCY Huntington Beach, City of Local Project Number:Project Title Additional Project IDs:Traffic Signal Modification Main and Delaware Type of Work:Traffic Signals Project Description Type of Work Description:Traffic Signals - Replace and upgrade traffic signals and equipment Install left-turn arrows at the intersection of Main St and Delaware St. Main St. will have left-turn arrows installed. Limits Main Street at Delaware Street Project Notes FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2026 Traffic Impact Fees $0 $0 $660,000 $0 $660,000 $676,500 Totals:$0 $0 $660,000 $0 $660,000 $676,500 Last Revised: 25-00 - In Progress Total Programmed: $660,000 TIP ID CP-11541 IMPLEMENTING AGENCY Huntington Beach, City of Local Project Number:Project Title Additional Project IDs:Traffic Signal Modification Warner and Ash Type of Work:Traffic Signals Project Description Type of Work Description:Traffic Signals - Replace and upgrade traffic signals and equipment Install left-turn arrows at the intersection of Warner Ave and Ash Ln. Warner Ave will have left-turn arrows installed. Limits Warner Avenue at Ash Street Project Notes FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2026 Traffic Impact Fees $0 $0 $660,000 $0 $660,000 $676,500 Totals:$0 $0 $660,000 $0 $660,000 $676,500 Last Revised: 25-00 - In Progress Total Programmed: $660,000 5/7/25, 3:39 PM ocfundtracker.octa.net/CIP/report_project_listing https://ocfundtracker.octa.net/CIP/report_project_listing 12/13220 ------------ ------------ ---------- ---------- TIP ID CP-10402 IMPLEMENTING AGENCY Huntington Beach, City of Local Project Number:Project Title Additional Project IDs:Warner Avenue Synchronization Type of Work:Traffic Signals Project Description Type of Work Description:Traffic Signals - Interconnect traffic signals to improve coordination and communications Provide operational and infrastructure improvements. OCTA leading joint project with Fountain Valley and Santa Ana. Limits From Magnolia Street to Pacific Coast Highway Project Notes Other: Funding from FY 20/21 carried over through FY 25/26. FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2026 Other $0 $0 $80,000 $0 $80,000 $82,000 Totals:$0 $0 $80,000 $0 $80,000 $82,000 Last Revised: 25-00 - In Progress Total Programmed: $80,000 5/7/25, 3:39 PM ocfundtracker.octa.net/CIP/report_project_listing https://ocfundtracker.octa.net/CIP/report_project_listing 13/13221 222 Minutes City Council/Public Financing Authority City of Huntington Beach Tuesday, June 3, 2025 4:30 PM -Lower Level Theater 6:00 PM -Lowe r Level Theater Central Library, 7111 Talbert Avenue Huntington Beach , California 92648 A video recording of the 4:30 PM and 6:00 PM portions of this meeting is on file in the Office of the City Clerk, and archived at https:/lhuntingtonbeach.legistar.com/Calendar.aspx 4:30 PM -CENTRAL LIBRARY LOWER LEVEL THEATER CALLED TO ORDER -4:30 PM ROLL CALL Present: Absent: Twining, Kennedy, McKeon , Burns , Van Der Mark, Gruel , and Williams None ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS PERTAINING TO CLOSED SESSION (Received After Agenda Distribution) -None PUBLIC COMMENTS PERTAINING TO CLOSED SESSION (3-Minute Time Limit) -None Mayor Burns read titles for Closed Session Item #1 25-445 regarding Conference with Labor Negotiators and Employee Organization: Marine Safety Management Association (MSMA); Item #2 25-446 regarding Conference with Labor Negotiators and Employee Organization: Surf City Lifeguard Employees' Association (SCLEA); Item #3 25-447 regarding Conference with Real Property Negotiators Property: regarding price and terms of payment for Surf City Store LLC (not present); and Item #4 25-448 regarding Conference with Real Property Negotiators Property: regarding price and terms of payment with Rex & Larry Gilmore, Eric Johnson & Ryan Gilmore (not present). A motion was made by Van Der Mark, with a second by McKeon, to recess to Closed Session. RECESSED TO CLOSED SESSION -4:32 PM CLOSED SESSION 1. 25-445 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). 223 Council/PFA Regular Meeting Minutes June 3, 2025 Page 2 of 21 2. 25-446 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. 25-447 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: 60 Main Street, Huntington Beach, CA 92648 City Negotiators: Travis Hopkins, City Manager; Kriss Casanova, Economic Development Manager; Steve Holtz, Deputy Director of Community Development; Jennifer Villasenor, Director of Community Development. Negotiating parties: Persons to be negotiated with: (Not Present) Surf City Store LLC Under negotiation: Price and terms of payment 4. 25-448 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: 10449 Adams Avenue, Huntington Beach, CA 92646 City Negotiators: Travis Hopkins, City Manager; Kriss Casanova, Economic Development Manager; Steve Holtz, Deputy Director of Community Development; Jennifer Villasenor, Director of Community Development. Negotiating parties: Persons to be negotiated with: (Not Present) Rex & Larry Gilmore, Eric Johnson & Ryan Gilmore Under negotiation: Price and terms of payment 5. 25-457 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Alison-Mayne (Cooper), et al. v. City of Huntington Beach; OCSC Case No.: 30-2025-01475070-CU -WM-NJC. 6:00 PM -CENTRAL LIBRARY LOWER LEVEL THEATER RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING -6:00 PM ROLL CALL Present: Absent: INVOCATION Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel , and Williams None 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. 6. 25-391 Huntington Beach Police Chaplain Bob Ewing PLEDGE OF ALLEGIANCE -Led by Councilman Twining CLOSED SESSION REPORT BY CITY ATTORNEY -None CITY COUNCIL MEMBER COMMENTS (2-Minute Time Limit) Mayor Burns reported on the successful Kowabunga Van Klan event at the Pier over the weekend. ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) 224 Council/PFA Regular Meeting Minutes June 3, 2025 Page 3 of 21 Pursuant to the Brown "Open Meetings" Act, City Clerk Lisa Lane Barns 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 Items #8 (1 email communication), #11 (1 email communication), #19 (1 email communication); Council Member Items #24 . (1 mail communication), #26 (8 email communications) #27 (1 email communication); and New Item #25- 463 (1 email communication). PUBLIC COMMENTS (1-Minute nme Limit due to number of Speakers)-87 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. Mitchell Rierson commented on the signs posted regarding Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (00: 13: 15) Unnamed Speaker commented on the Freedom Bell at Central Library and on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (00:14:17) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (00: 15: 34) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (00: 16:49) Unnamed Speaker commented on some of the Facebook postings by Mayor Burns. (00:17:56) Mabel, a Peterson Elementary fourth grade student, commented on trusting professional librarians regarding books available in the Public Library. (00: 19:02) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (00: 19:34) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (00:20:40) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election . (00:21 :49) T. J. England commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election and Council Member Items #26 regarding affirmation for Public Library and Assets. (00:22:34) Paula Schaefer commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (00:24:08) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election . (00:25: 13) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election and Council Member New Item 25-463 regarding opposition to AB 84. (00:26: 12) 225 Council/PFA Regular Meeting Minutes June 3 , 2025 Page 4 of 21 Allison Stevens commented on Council Member New Item 25-463 regarding opposition to AB 84. (00:26:59) Alisha Stevens commented on Council Member New Item 25-463 regarding opposition to AB 84. (00:28:16) Amory Hanson commented on Council Member New Item 25-463 regarding opposition to AB 84 . (00:29:07) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (00:29:54) Bill Yarchin commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election and Council Member Items #26 regarding affirmation for Public Library and Assets. (00:31 :06) Unnamed Speaker commented on Consent Calendar Item #10 regarding Resolution No. 2025-37 designating persons authorized to execute financial transactions in the name of the City of Huntington Beach and Council Member Items #26 regarding affirmation for Public Library and Assets. (00:32:14) Unnamed Speaker commented on AB 942. (00:33:42) Kristen P. commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. - (00:34:37) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025 , Special Election. (00:35:53) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election . (00:37:05) Unnamed Speaker commented on Council Member Items #26 regarding affirmation for Public Library and Assets and Measures A & B on the ballot for the Tuesday, June 10, 202 5, Special Election. (00:38:20) Brandi commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (00:40:36) Michelle Ferry commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (00:41 :52) Leanna S. commented on Measures A & 8 on the ballot for the Tuesday, June 10, 2025, Special Election . (00:43:01) Megan C. commented on Measures A & 8 on the ballot for the Tuesday, June 10, 2025, Special Election . (00:44:08) Brett Bush commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election . (00:44:54) 226 Council/PFA Regular Meeting Minutes June 3, 2025 Page 5 of 21 Unnamed Speaker commented on Council Member Items #26 regarding affirmation for Public Library and Assets and Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (00:46:03) Shawn Roseling commented on the City's budget and Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (00 :47 :13) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (00:48:14) Jignesh Padhiar commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (00:49: 13) Unnamed Speaker commented on Pride Month . (00:50:09) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election . (00:51 :20) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election . (00:52: 19) · Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special . Election. (00:53:29) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special .- Election. (00:54:35) Mel Raschke commented on Measure B on the ballot for the Tuesday, June 10, 2025, Special Election. (00:55:49) League of Women Voters Orange County Representative commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election . (00:57:07) Taryn Palumbo commented on Measures A & B on the ballot for the Tuesday, June 10, 2025 , Special Election .-(00:58: 18) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election . (00:59:36) Kane Durham, Pride at the Pier, commented on Pride Month. (01 :00:38) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01 :01 :40) · Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01 :02:54) Ambre Ying commented on Measures A & B on the ballot for the Tuesday, June 10, 2025 , Special Election . (01 :05 :24) 227 Council/PFA Regular Meeting Minutes June 3, 2025 Page 6 of 21 Brian Thienes commented on Councilmember actions in response to society's Woke agenda. (01 :06:41) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election . (01 :07:55) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special E lection. (01 :09:09) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election . (01 : 10: 17) Dan Jamieson commented on Consent Calendar Item #11 regarding acceptance of Quitclaim Deed from Spreckels Sugar Company, Inc. for former Navy Railroad Right-of-Way. (01 : 11 :21) Russell Neal commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01 : 12:25) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025 , Special Election. (01 :13:31) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesd ay, June 10, 2025, Special Election. (01 : 14:42) Bethany Webb commented on Pride Month, gun violence and Measures A & B on the ballot for the Tu e sday, June 1 0, 2025, Special Election. (01: 16:00) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01 : 17: 16) Unnamed Speaker commented on Pride Month and Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01 : 18 :20) Tim Geddes commented on Council Member Items #2 6 regarding affirmation for Public Library and Assets and Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01 : 19:29) Karrie Mann commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01 :20:3 7) Chris R ini commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election and Council Member Items #26 regarding affirmation for Public Library and Assets. (01 :21 :50) Kathey Haas commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Specia l Election . (01 :22:57) Mark Tonkovich commented on Councilmember Item #26 regarding affirmation for Public Library and Assets. (01 :23:51) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election and on the City's Budget for FY2025/26. (01 :25 :08) 228 Council/PFA Regular Meeting Minutes June 3, 2025 Page 7 of 21 Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01 :26:21) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election and Pride Month. (01 :27 :29) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election . (01 :28:48) Unnamed Guest commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election . (01:30 :10) Gina Clayton-Tarvin, Trustee, commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01 :32:06) Unnamed Speaker commented on concerns of adult book club censorship. (01 :33:23) Unnamed Speaker commented on Council Member Items New 25-463 regarding opposition to AB 84 . (01 :34:40) Don Anderson commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special _ Election. (01 :35:50) Myrna Teramura commented on Council Member Items New 25-463 regarding opposition to AB 84. (01 :36:29) Gina Garland commented on Council Member Items New 25-463 regarding opposition to AB 84. (01 :37 :29) Unnamed Speaker commented on Council Member Items New 25-463 regarding opposition to AB 84. (01 :38 :20) Unnamed Speaker commented on Council Member Items New 25-463 regarding opposition to AB 84 . (01 :39:30) Unnamed Speaker commented on activities by various individuals regarding Special Election issues . (01 :40 :41) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election . (01 :41 :57) Jacqueline Brodt commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01 :43: 11) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025 , Special Election. (01 :44:29) Unnamed Speaker commented on the signs posted around town regarding Measures A & B on the ballot for the Tuesday, June 10, 2025 , Special Election. (01 :45:38) 229 Council/PFA Regular Meeting Minutes June 3, 2025 Page 8 of 21 Unnamed Speaker commented on the lack of transparency for many Councilmember decisions and asked for open dialogue and an end to the tactics that divide the community. (01 :47:00) Slater commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01 :48: 17) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election . (01 :49 :30) Valentina Bankhead commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election and Council Member Items New 25-463 regarding opposition toAB84. (01:51:14) Skywalker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01 :52 :07) Unnamed Speaker commented on Public Hearing Item #22 regarding the Fiscal Year 2025/26 City Budget. (01 :55 :32) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election . (01 :56:42) COUNCIL COMMITTEE APPOINTMENT ANNOUNCEMENTS -None AB 1234 REPORTING Councilman Twining reported attending the Orange County Council of Governments (OCCOG) 2025 Annual Conference. OPENNESS IN NEGOTIATION DISCLOSURES Mayor Pro Tern McKean and Council Woman Van Der Mark reported meeting with representatives of the Huntington Beach Firefighters' Association (HBFA). CITY MANAGER'S REPORT -None CONSENT CALENDAR (Items 7 -20) Mayor Burns pulled Item #11 and Councilman Kennedy pulled Items #13, #14 and #15 for further discussion. City Clerk 7. 25-438 Approved and Adopted Minutes A motion was made by Burns, second McKean to approve and adopt the City Council/Public Financing Authority regular meeting minutes of May 20, 2025 . The motion carried by the following roll call vote: AYES : Twining, Kennedy, McKean, Burns , Van Der Mark, Gruel, and Williams 230 Council/PFA Regular Meeting Minutes June 3, 2025 Page 9 of 21 NOES : None City Manager 8. 25-395 Approved and authorized the execution of Amendment No. 1 to Professional Services Contracts with Dorado Creative, Inc., Tripepi Smith and Associates, and Marketworks for On-Call Video Production Services A motion was made by Burns, second McKean to approve and authorize the Mayor and City Clerk to execute "Amendment No . 1 to Agreement Between the City of Huntington Beach and Dorado Creative, . Inc. for On-Call Video Services"; and approve and authorize the Mayor and City Clerk to execute "Amendment No. 1 to Agreement Between the City of Huntington Beach and Tripepi Smith and Associates for On-Call Video Services"; and approve and authorize the Mayor and City Clerk to execute "Amendment No .1 to Agreement Between the City of Huntington Beach and Professional Services Contract Between the City of Huntington Beach and Marketworks for On-Call Video Services ." The motion carried by the following roll call vote: AYES: NOES: Twining, Kennedy, McKean, Burns, Van Der Mark, Gruel, and Williams None 9. 25-439 Approved position of opposition on legislation pending before the State Legislature A motion was made by Burns , second McKean to oppose Assembly Bill 942 Net energy metering: eligible customer-generators: tariffs. The motion carried by the following roll call vote : AYES: NOES : City Treasurer Twining, Kennedy, McKean, Burns, Van Der Mark, Gruel, and Williams None 1 O. 25-388 Adopted Resolution No . 2025-37 designating the City Treasurer, Deputy City Treasurer, the Treasury Manager, and Finance Manager as persons authorized to execute Financial Transactions in the name of the City of Huntington Beach A motion was made by Burns, second McKean to adopt Resolution No. 2025-37, "A Resolution of the City Council of the City of Huntington Beach Authorizing the Manual and/or Facsimile Signatures of the City Treasurer, Deputy City Treasurer, the Treasury Manager, and Finance Manager as Persons Authorized to Execute Financial Transactions in the Name of the City of Huntington Beach." The motion carried by the following roll call vote: AYES : NOES : Twining, Kennedy, McKean, Burns , Van Der Mark, Gruel, and Williams None Community Development 231 Council/PFA Regular Meeting Minutes June 3, 2025 Page 10 of 21 Mayor Burns pulled this item to report a brief history of the process to accept the Quitclaim Deed for this property, and thanked the City Attorney Office staff for their diligence and Mayor Pro Tern McKean commended the Mayor for initiating this process. 11. 25-40 Accepted Quitclaim Deed from Spreckels Sugar Company, Inc. for Former Navy Railroad Right-of-Way A motion was made by Burns, second Van Der Mark to accept the Quitclaim Deed from Spreckels Sugar Company, Inc. for property located between Rancho Road and the City boundary east of Springdale Street, formerly used as Navy rail ROW (Attachment No . 1 ). The motion carried by the following roll call vote: AYES: NOES: Fire Twin ing, Kennedy, McKean, Burns, Van Der Mark, Gruel, and Will iams None 12. 25-387 Adopted Resolution No. 2025-29 identifying the terms and conditions for Fire Department emergency response away from their official duty station and assigned to an emergency incident A motion was made by Burns , second McKean to adopt Resolution No. 2025-29, "A Resolution of the City Council of the City of Huntington Beach Identifying the Terms and Conditions for Fire Department Emergency Response Away from Their Official Duty Station and Assigned to an Emergency Incident." The motion carried by the following roll call vote: AYES: NOES: Twining , Kennedy, McKean, Burns , Van Der Mark, Gruel , and Williams None Human Resources Councilman Kennedy pulled Items #13, #14 and #15 to comment on the differences between municipality and private sector practices regarding salary increases, and noted h is position of oppositior, on these items is not casting any judgement on the outstanding staff members . He stated that with the · financial difficulties Huntington Beach is facing he cannot in good conscience support salary increases. Mayor Pro Tern McKean stated that negotiating labor contracts is the hardest function of the City Council and many months were devoted to reaching these compromises which he feels are in line with the proposed budget. Councilman Twining thanked staff and union stewards for working diligently to keep salary increases within the proposed budget. 13. 25-433 Adopted Resolution No. 2025-44 Approving and Implementing the Memorandum of Understanding Between the Management Employees' Organization (MEO) and the City of Huntington Beach for January 1, 2025 through December 31, 2027 232 Council/PFA Regular Meeting Minutes June 3, 2025 Page 11 of 21 . A motion was made by Burns , second McKean to adopt Resolution No. 2025-44, "A Resolution of the City Council of the City of Huntington Beach Approving and Implementing the Memorandum of Understanding Between the Management Employees' Organization (MEO) and the City for January 1, 2025 , to December 31 , 2027; and authorize the City Manager or designee to take all administrative and budgetary actions necessary for implementation of Resolution No . 2025-44 . The motion carried by the following roll call vote : AYES: NOES : 14. 25-435 Twining, McKean , Burns , Van Der Mark, Gruel , and Williams Kennedy Adopted Resolution No . 2025-43 Approving and Implementing the Memorandum of Understanding Between the Huntington Beach Municipal Teamsters (HBMT) and the City of Huntington Beach for January 1, 2025, through December 31, 2027 A motion was made by Burns, second McKean to adopt Resolution No . 2025-43, "A Resolution of the City Council of the City of Huntington Beach Approving and Implementing the Memorandum of Understanding Between the Huntington Beach Municipal Teamsters (HBMT) and the City for January 1, 2025 , through December 31 , 2027"; and, authorize the City Manager or designee to take all administrative and budgetary actions necessary for implementation of Resolution No. 2025-43 . The motion carried by the following roll call vote: AYES : NOES: 15. 25-436 Twining , McKean , Burns, Van Der Mark, Gruel, and Williams Kennedy Adopted Resolution No. 2025-41 Modifying Salary and Benefits for Non- Represented Employees (Non-Associated Resolution) A motion was made by Burns, second McKean to adopt Resolution No . 2025-41, "A Resolution of the City Council of the City of Huntington Beach Modifying Salary and Benefits for Non-Represented Employees;" and authorize appropriations for all costs related to implementation of Resolution No . 2025- 41 . The motion carried by the following roll call vote: AYES: NOES : Public Works Twining , McKean, Burns, Van Der Mark, Gruel, and Williams Kennedy 16. 25-383 Approved and authorized execution of Amendment No. 3 to Cooperative Agreement No. C-3-2654 between the Orange County Transportation Authority and the City of Huntington Beach for the 1-405 Improvement Project A motion was made by Burns, second McKean to approve and authorize the City Manager to execute "Amendment No . 3 to Agreement No. C-3-2654 Between Orange County Transportation Authority and City of Huntington Beach for the 1-405 Improvement Project." The motion carried by the following roll call vote: 233 Council/PFA Regular Meeting Minutes June 3 , 2025 Page 12 of 2 1 AYES : Twining, Kennedy, McKeon , Burns, Van Der Mark, Gruel, and Williams NOES: None 17. 25-389 Adopted Resolution No. 2025-30 concerning the status and update of the Circulation Element, and Mitigation Fe e Program for the Measure M2 Program and adopted a 7-year Capital Improvement Program for Fiscal Years 2025/2026 through 2031/2032 for compliance with renewed Measure M eligibility requirements A motion was made by Burns, second McKeon to adopt Resolution No. 2025-30, "A Resolution of the City Council of the City of Huntington Beach Concerning the Status and Update of the Circulation Element, and Mitigation Fee Program for Measure M (M2) Program"; and, adopt the 7-year Capital Improvement Program for Fiscal Years 2025/2026 through 2031/2032 for compliance with renewed Measure M eligibility requirements. The motion carried by the following roll call vote: AYES : NOES : 18. 25-411 Twining, Kennedy, McKeon , Burns, Van Der Mark, Gruel, and Williams None Accepted the lowest responsive and responsible bid and authorized execution of a construction contract with All American Asphalt in the amount of $1,684,111 .00 for the FY 24/25 Arterial Rehabilitation Project, CC-1771 A motion was made by Burns, second McKeon to accept the lowest responsive and responsible bid submitted by All American Asphalt in the amount of $1 ,684,111 .00 (Base Bid); and, authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. The motion carried by the following roll call vote: AYES: NOES: 19. 25-413 Twining, Kennedy, McKean, Burns, Van Der Mark, Gruel , and Williams None Approved and authorized execution of Amendment No. 1 to Agreement with L & G Enterprises for On-Call Maintenance of Marina Trash Skimmers Under the Huntington Harbour Marina Trash Skimmers Trash Removal Project A motion was made by Burns, second McKean to approve and authorize the Mayor and City Clerk to ex ecute "Amendment No.1 to the Agreement Between the City of Huntington Beach and L & G Enterprises for On-Call Maintenance of Marina Trash Skimm ers Under the Huntington Harbour Marina Trash Skimmers Trash Removal Project." The motion carried by the following roll call vote: AYES : Twining, Kennedy, McKean, Burns, Van Der Mark, Grue l, and Will iams NOES : None 20. 25-419 Rejected lowest bid for the City-Owned Building (dba. Park Bench Cafe) Roofing and Siding Improvements, CC-1789; rejected all remaining bids and re-bid the project 234 Council/PFA Regular Meeting Minutes June 3, 2025 Page 13 of 21 A motion was made by Burns, second McKean to reject all bids for the City-Owned Building (dba. Park Bench Cafe) Roofing and Siding Improvements, CC-1789. The motion carried by the following roll call vote: AYES: NOES: Twining, Kennedy, McKean, Burns, Van Der Mark, Gruel, and Williams None ADMINISTRATIVE PUBLIC HEARING 21. 25-437 Held Public Hearing and Received and Filed Status of City of Huntington Beach Vacancies and Recruitment and Retention Efforts Pursuant to Government Code Section 3502.3 Pursuant to the Brown "Open Meetings" Act, City Clerk Lisa Lane Barns 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 : Administrative Public Hearing Item #21 (1 email communication). City Manager Travis Hopkins introduced Marissa Sur, Director of Human Resources, who presented a PowerPoint communication titled AB 2561: Status of City of Huntington Beach Vacancies and Recruitment and Retention Efforts, with slides entitled : AB2561 Overview, Vacancy Update, Vacancies by Bargaining Unit, Recruitment Efforts (2), Recruitment and Retention, and Questions? Mayor Burns opened the Public Hearing . City Clerk Lisa Lane Barns announced no one had signed up to speak for this Public Hearing. Mayor Burns closed the Public Hearing. A motion was made by Burns, second Van Der Mark to conduct a public hearing for comment on the City · of Huntington Beach Vacancies and Recruitment and Retention Efforts; and receive and file this report. The motion carried by the following roll call vote: AYES : NOES: Twining, Kennedy, McKean, Burns, Van Der Mark, Gruel, and Williams None PUBLIC HEARING 22. 25-451 Adopted Resolution No. 2025-42 to Adopt a Budget for the City for Fiscal Year 2025/26 and Authorized the Corresponding Appropriation and Transfer of $3.3 Million ~f Equipment Replacement Reserves and $1.5 Million of Section 115 Trust Fund Reserves; Resolution No. 2025-39 Establishing the Gann Appropriation Limit for Fiscal Year 2025/26; Resolution No. 2025-40 Levying a Retirement Property Tax for Fiscal Year 2025/26 to Pay for Pre-1978 Employee Retirement Benefits; Resolution No. 2025-46 Adopting an Updated Master Fee and Charges Schedule; and Resolution No. 2025-36 Acknowledging Receipt of Report made by the Fire Chief of the Huntington Beach Fire Department Regarding the Inspection of Certain 235 Council/PFA Regular Meeting Minutes June 3, 2025 Page 14 of 21 Occupancies Required to Perform Annual Inspections in such Occupancies Pursuant to Sections 13146.2 and 13146.3 of the California Health and Safety Code; Authorize the Professional Services included in the FY 2025/26 budget to be representative of the services projected to be utilized by departments in FY 2025/26; Authorized the City Manager or Designee to Purchase One Rosenbauer Commander Pumper Fire Engine, in the Amount of $1,500,000; and Introduced Ordinance No. 4337 to Adopt an Ordinance of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Amending Chapter 2.114 Department of Information Services Pursuant to the Brown "Open Meetings" Act, City Clerk Lisa Lane Barns 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: Public Hearing Item #22 (3 email communications; staff memorandum with revision to Resolution No. 2025-42; and staff memorandum with revised PowerPoint communication). City Manager Travis Hopkins introduced Robert Torrez, Interim Chief Financial Officer, who presented a PowerPoint communication titled City of Huntington Beach FY 2025126 Budget Adoption, with slides entitled: Presentation Overview, Proposed FY 2025126 All Funds Budget Review, FY 2025126 All Funds Proposed Budget Review $554. 9M, FY 2025126 All Funds Proposed Revenues -$529. 6M, Proposed FY 2025126 General Fund Budget Review, Proposed FY 2025126 General Fund Budget Review, Proposed FY 2025/26 General Fund Budget Review, Proposed FY 2025126 General Fund Revenues -$300. 1 M, Proposed FY 2025126 General Fund Revenues -$300. 1 M, Proposed FY 2025/26 General Fund Expenditures -$299. OM, Proposed FY 2025126 General Fund Expenditures -$299. OM Historical By Department, Proposed FY 2025/26 General Fund Expenditures -$299. OM, Proposed FY 2025126 General Fund Expenditures -$299.0M, FY 2025126 Budget Balancing Strategy, FY 2025126 FTEs by Department, FY 2025126 Full-Time Equivalent -All Funds, FY 2025126 Budget Balancing Strategy, FY 2025126 Budget Balancing Strategy, General Fund Reserves, FY 2025/2026 Capital Improvement Program (CIP), FY 2025126 CIP BUDGET, 2025126 PROJECT SUMMARY, Revised Master Fee and Charges Schedule and Proposed Revenue Adjustments, Master Fee and Charges Schedule Adjustments, Master Fee and Charges Schedule Adjustments (can 't), Community and Library Services Fees, Community and Library Services Fees (can't), Community and Library Services Fees (can 't), Fire Department Fee -AB38 Defensible Space Inspections, Requested Revisions to the Proposed Budget, Requested Expenditure Appropriation Revisions, Requested Fire Department Revisions, REQUESTED FY 2025126 FTEs -All Funds, Requested Revenue Appropriation Revisions, FY 2025126 Budget Approval and Related Actions Requested, City Council Approval Requested, and Questions? Councilman Kennedy confirmed with staff that User Fees were last increased in 2024. Mayor Burns opened the Public Hearing . Public Speakers (3-Minute Time Limit) - 5 Speakers The number {hh :mm:ss] following the speakers' comments indicates their approximate starting time in the archived video located at https:llhuntingtonbeach. legistar. com/Calendar. aspx. Ken Inouye was called to speak and stated regardless of the adjustments made, this is a deficit budget which does not include infrastructure costs which will be charged to the General Fund . Referencing Resolution No. 2025-40 levying a Retirement Property Tax for Fiscal Year 2025/26, Mr. Inouye stated his disappointment that there has not been transparency by defining how much this will cost each 236 Council/PFA Regular Meeting Minutes June 3, 2025 Page 15 of 21 Huntington Beach homeowner, and added his opinion that this proposed budget does not change the fact that Huntington Beach is in a financial crisis . (02:43:30) Pat Goodman was called to speak and made observations regarding Operation Reductions, noting there was no public discussion during any of the Budget Town halls on either My OC Be Well or SB2 Funding. She added that in her opinion it is not appropriate to use Reserve funds for operational expenses, and stated her concern about transferring Section 115 Trust funds to the UAL, as her understanding is that Section 115 Trust funds are to be used only for employee benefits. She asked why the extreme increase for General Insurance Liability cost compared to last year. (02:45 : 13) Cathey Ryder was called to speak and noted this year's budget process is much better than what happened in 2023 . She shared her concerns about using Reserve funds to cover the projected deficit which is not sustainable; not filling staff positions is being short-sighted; continuing to increase fees for parking and City services makes it hard to attract new businesses; how the $1 .5M reduction from the Be Well program will impact mental health services; and requested · more transparency and good governance regarding the deficit. (02:48:22) Unnamed Speaker expressed appreciation for the detailed staff report, and shared ideas on how things can be straightened out: cap the amount that Visit HB receives, rather than pay them a percentage of the Transient Occupancy Tax (TOT) revenues; if the City is kept clean, safe and street potholes are fixed, visitors will come; focus on attracting high-tech companies ; and eliminate politically charged initiatives. (02:49:53) Bethany Webb was called to speak and stated her opinion that the glaring thing not being addressed is loss in revenues. (02:53 :04) There being no more speakers, Mayor Burns closed this Public Hearing. Mayor Pro Tern McKean expressed appreciation for the efforts of City Manager Travis Hopkins, each Department Director and many staff members for the multiple hours of time spent on this project. He noted that this budget is the result of decisions made through the years by many different City Councils, and added that a one-year budget cannot address all infrastructure needs but rather looks at a prioritized list. He clarified that the City gets the Transient Occupancy Tax (TOT) funds, not Visit HB. In response to the comment that revenues are down in this budget due to Council actions, Mayor Pro Tern McKean stated that based on market conditions, sales tax is projected to be down by about $700,000. He noted that no other Council held as many Townhalls or Study Sessions as were held for the FY 2025/26 Budget. He recapped that on-going operating expenses were reduced by $2.9M; elimination of six positions; increased vacancy attrition by $1 M; strategic and prudent use of Reserve funds; using 115 Trust funds to pay down unfunded liabilities; using $3.3M from Equipment Replacement Reserve funds to replace equipment; and each Department Head had the opportunity to publicly document their opportunities to reduce costs and increase revenue . He noted that these exercises will be on-going for the nex1 five years until relief comes when much needed equipment and custodial expenses expire in 2030 and 2033 which will reduce annual expenses by $4 .SM . Councilman Kennedy reiterated that Cal PERS cost is a variant that is completely out of the City's control. He noted the real estate assets owned by the City will be better managed with improved systems and renegotiated leases to ensure market rates are secured. He stated there will be an ongoing effort to manage the hiring process, and commended the Fire Department for not only cutting costs but also increasing revenue. He added everyone should appreciate the Pacific Air Show which is revenue 237 Council/PFA Regular Meeting Minutes June 3, 2025 Page 16 of 21 positive for the City as well as for the restaurants and hotels through increased sales tax and Transient Occupancy Tax. Councilman Gruel noted that Huntington Beach has one of the lowest sales tax rates in Southern California and shared from the sales tax perspective that Councilmembers could take a shortcut and just increase taxes. He commented that Olympic Surfing was moved from Huntington Beach because of the lack of proper waves. As a latecomer to this process, he expressed appreciation for everyone's effort to reach this point. City Manager Travis Hopkins addressed the question regarding Resolution No . 2025-40 levying a Retirement Property Tax for Fiscal Year 2025/26 to pay for Pre-1979 Employee Retirement Benefits and explained the Retirement Property Tax is not a new tax but has been in place since 1978 and the amount has not changed since 2012. Mayor Burns reviewed his awareness of seeing the budget quickly move into deficit positions in the early 2020's and efforts he took as a new Councilman to bring attention to the matter. He added that Council is doing their best to keep the budget out of a deficit. Mayor Pro Tern McKean noted the changes implemented through the Streamline HB program which resulted in a 23 percent increase in Certificates of Occupancy in one year. Councilman Williams and Mayor Pro Tern McKean discussed the proposed amendment to Recommended Action A 1 in more detail. Councilman Williams shared his opinion that the Fire Department ask was for two positions because that is what is needed for proper safety. Mayor Pro Tern McKean explained that the second position is for Special Events which he believes is not as critical. He noted the issue of adding the second position will be addressed later this year after Fire Chief McCoy has had time to work on some increased revenue opportunities. Councilman Kennedy expressed his support for Councilman Williams comments on the issue of whether to immediately approve two new positions for the Fire Department because the need outweighs the impact that would have on the deficit. Councilman Twining stated his support for approving two new positions for the Fire Department, and believes the fiscally responsible approach is to approve one position at this time while allowing a bit more time to secure solid additional revenue before approving the second position. After the motion was made to amend Exhibit A 1, Councilman Kennedy asked what level of commitment is being provided for funding the second Fire Department position before the end of the year. Mayor Burns responded that Council will put forth their best efforts to be successful in finding additional funds, but there can be no guarantee. Councilman Williams noted there is a surplus in the budget just approved, and invited Fire Chief McCoy to the podium to further describe the need. Fire Chief McCoy stated the need exists, whether the position can be fulfilled in FY 2025/26 or has to wait, and the Fire Department will support the Council's decision. He clarified the history by explaining that in 2013 the Fire Department had three Administrative Captains, in 2014 there were two, and in 2015 there was one. Currently there is one Administrative Captain who is responsible for all suppression training, including entry level academy, ambulance operator academy, in-service suppression and EMS training for the entire Fire Department. Previously, when there were multiple Administrative Captains, 238 Council/PFA Regular Meeting Minutes June 3, 2025 Page 17 of 21 one Administrative Captain managed the ambulance operator program with four ambulances. Currently there are eight ambulances and a total of approximately 70 employees. Fire Chief McCoy explained the second Administrative Captain request would be in charge of logistics for special events and would also serve in the public information (PIO) role, as well as suppression supplies, PPE tracking and inventory. Councilman Williams reiterated his position that public safety is a top priority, the money is in the budget and two positions should be approved for the Fire Department. Mayor Pro Tern McKeon responded that the cost for a position is not a one-time cost situation, but is an on-going expense which will impact future budgets . Mayor Pro Tern McKeon confirmed with Fire Chief McCoy that the Fire Department's greatest need is addressed in the amended motion. Councilman Gruel confirmed with Fire Chief McCoy that approving two positions at this time would not reduce Fire Department overtime hours. A motion was made by McKeon, second Van Der Mark to authorize the Professional Services included in the FY 2025/26 budget to be representative of the services projected to be utilized by departments in FY 2025/26 (Attachment 3); and, authorize the appropriation and transfer of $3,300,000 from the General Fund Equipment Replacement Reserve to the Equipment Replacement Fund 324; and authorize the appropriation and transfer of $1,465,716 from the Section 115 Trust Fund 716 to the General Fund; and, adopt Resolution No. 2025-39, "A Resolution of the City Council of the City of Huntington Beach Establishing the Gann Appropriation Limit for Fiscal Year 2025/2026" (Attachment 4); and, adopt Resolution No.2025-40, "A Resolution of the City Council of the City of Huntington Beach Levying a Retirement Property Tax for Fiscal Year 2025/2026 to Pay for Pre-1978 Employee Retirement Benefits" (Attachment 5); and , adopt Resolution No . 2025-46, "A Resolution of the City Council of the City of Huntington Beach Adopting an Updated Master Fee and Charges Schedule" (Attachment 6); and adopt Resolution No. 2025-36, "A Resolution of the City Council of the City of Huntington Beach, Acknowledging Receipt of a Report Made by the Fire Chief of the Huntington Beach Fire Department Regarding the Inspection of Certain Occupancies Required to Perform Annual Inspections in such Occupancies Pursuant to Sections 13146.2 and 13146.3 of the California Health and Safety Code (Attachment 7); and, authorize the City Manager or designee to purchase one Rosenbauer Commander Pumper Fire Engine in the Amount of $1,500,000 (Attachment 8); and, after the City Clerk reads by title, Introduce Ordinance No. 4337, "An Ordinance of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Amending Chapter 2.114 Department of Information Services" (Attachment 9). The motion carried by the following roll call vote: AYES: NOES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams None A motion was made by Williams, second Twining to approve Exhibit A 1 to adopt Resolution No . 2025-42, "A Resolution of the City Council of the City of Huntington Beach Adopting a Budget for the City for Fiscal Year 2025/26" (Attachment 2); as amended for two Administrative Fire Captain positions. The motion failed by the following roll call vote: AYES: Kennedy, Gruel, and Williams NOES: Twining, McKeon, Burns, and Van Der Mark 239 Council/PFA Regular Meeting Minutes June 3 , 2025 Page 18 of 21 A motion was made by McKean, second Van Der Mark to approve Exhibit A 1, to adopt Resolution No. 2025-42, "A Resolution of the City Council of the City of Huntington Beach Adopting a Budget for the City for Fiscal Year 2025/26" (Attachment 2); as amended to fund one (1) FTE Administrative Fire Captain and upgrade Ambulance Operations Model from 14 hours to 24 hours. The motion carried by the following roll call vote: AYES: NOES: ABSTAIN: Twining, Kennedy, McKean, Burns, Van Der Mark, and Gruel None Williams ORDINANCES FOR INTRODUCTION 23. 25-404 Approved for Introduction Uncodified Ordinance No. 4336 Adopting the Fire Hazard Severity Zones Fire Chief Eric McCoy provided a PowerPoint communication titled Fire Hazard Severity Zone (FHSZ) Maps, with slides entitled: Table of Contents, Introduction to the FHSZ Map, Background, Map Demonstration, Zone Requirements, Moderate FHSZ, High FHSZ, Building Code, Public Review and Comments, Process, Results, Map Adoption, Ordinance, Next Steps, and Questions? A motion was made by Burns, second Van Der Mark to after the City Clerk reads by title, approve for introduction Uncodified Ordinance No. 4336, "An Ordinance of the City Council of the City of Huntington Beach Adopting Fire Hazard Severity Zones." The motion carried by the following roll call vote: AYES : NOES: Twining, Kennedy, McKean, Burns, Van Der Mark, Gruel, and Williams None COUNCIL MEMBER ITEMS 24. 25-449 Approved Item Submitted by Councilman Twining and Councilman Kennedy - Downlink Technology Councilman Twining introduced this item by describing Downlink Technology as real-time updates to field personnel in the midst of public safety situations to provide mission critical details. Councilman Kennedy stated that use of Downlink Technology will enhance the value of the City's helicopters for Huntington Beach as well as the other cities that lease helicopter time. A motion was made by Twining, second Kennedy to direct the City Manager to report back in 90 days on the viability and expense associated with equipping our public safety departments with downlink technology. The motion carried by the following roll call vote: AYES : NOES : Twining, Kennedy, McKean, Burns, Van Der Mark, Gruel, and Williams None 240 Council/PFA Regular Meeting Minutes June 3, 2025 Page 19 of 21 25. 25-450 Approved Item Submitted by Councilman Twining and Councilman Gruel -DNA and Computer Forensics Councilman Twining introduced this item by stating he believes it could be a means for delivering new revenue to the City through the Police Department. He also believes implementation will provide faster case resolution vs using the Orange County Sheriffs Office DNA laboratory (the only DNA lab in all of Orange County). Currently, it takes nearly six months to receive results. Councilman Twining noted that the Department of Justice and the National Institute of Justice have significant funding options through their DNA Capacity Enhancement and Backlog Reduction Program and Forensic Science Improvement grants. Councilmember Gruel stated his support for introducing healthy competition which could help solve crimes more quickly and getting the responsible parties off the street sooner and thereby preventing additional crimes. He believes DNA and Computer Forensics capabilities will enhance public safety in Huntington Beach and potentially provide a source of additional revenue. Councilman Twining invited Police Chief Parra to the podium to share his comments on this item . Chief Parra stated he is very supportive of this item , excited to do the research and report back with options for providing a higher level of public service . A motion was made by Twining, second Gruel to direct the City Manager to report back to City Council within 90 days, the feasibility of developing a DNA processing laboratory along with increasing the size and scope of the HBPD's computer forensic laboratory. The study should include start-up costs for equipment and personnel, possible funding sources, legacy costs for additional personnel, equipment maintenance, and the potential positive effects on criminal investigations The motion carried by the following roll call vote: AYES: NOES : 26. 25-454 Twining, Kennedy, McKean, Burns, Van Der Mark, Gruel, and Williams None Approved Item Submitted by Councilman Williams, Councilman Kennedy, and Councilman Twining -Affirmation for Public Library and Assets Councilman Williams introduced this item by reading Resolution No. 2025-45. A motion was made by Williams, second Twining to adopt Resolution No . 2025-45, "A Resolution of the City Council of the City of Huntington Beach Affirming that the Public Library Will Not Be Sold and that Books Will Not Be Banned." The motion carried by the following roll call vote: AYES: NOES: 27. 25-456 Twining, Kennedy, McKean, Burns, Van Der Mark, Gruel, and Williams None Approved Item Submitted by Mayor Burns -City Treasurer Position and Selection Process . ' j 241 Council/PFA Regular Meeting Minutes June 3 , 202 5 Page 20 of 2 1 Mayor Burns stated that City Treasurer Backstrom will be retiring on July 1 , 2025, and he is asking for the creation of an Ad Hoc committee to review the position and selection process . A motion was made by Burns, second McKean to create a City Council ad hoc committee to review the City Treasurer position and selection process. The motion carried by the following roll call vote: AYES : NOES: Twining , Kennedy, McKean , Burns, Van Der Mark, Gruel, and Williams None NEW 25-463 Approved Item Submitted by Mayor Burns and Council Woman Van Der Mark - Opposition to AB 84 Council Woman Van Der Mark introduced this item by explaining that AB 84 would drastically cut funding and undermine the ability of families to choose the learning environment that best fits their child(ren)'s needs. The State should support diverse learning options that support all students , as our children deserve better. If passed, AB 84 will affect more than 710,000 children across California, with over 64,000 of those students currently placed in non-classroom and personalized-based learning programs. A motion was made by Van Der Mark, second Burns to authorize the Mayor to issue a letter of opposition to AB 84 (Muratsuchi/Garcia)-School accountability: Office of the Education Inspector General: school financial and pe rformance audits: charter school authorization, oversight, operations, and contracting: data systems. The motion carried by the following roll call vote : AYES : NOES: Twining, Kennedy, McKean, Burns, Van Der Mark, Gruel, and Williams None CITY COUNCIL MEMBER REQUESTS -None ADJOURNMENT-at 10:00 PM a motion was made by Burns , with a second by Van Der Mark, to adjourn this meeting to the next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority on Tuesday, June 17, 2025, at the Central Library, 7111 Talbert Ave, Huntington Beach, California 92648 . INTERNET ACCESS TO CITY COUNCIUPUBLIC FINANCING AUTHORITY AGENDA AND STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT: http://www. huntingtonbeachca. gov ATTEST: C ity C k and e -o 1cio k of the City Council of the City of Huntington Beach and Secretary of the Public Financing Authority of the City of Huntington Be ach , California 242 Council/PFA Regular Meeting Minutes June 3, 2025 ft.tf __::e 2 1 of 21 ,-Mayor-Chai r Amendment to the 7-year CIP for Measure M2 Eligibility October 7, 2025 Council Meeting 243 Background •7-Year Capital Improvement Program (CIP) • The approval of the CIP is one component of the City’s submittal package to Orange County Transportation Authority (OCTA) which determines eligibility to receive Measure M2 Program funding. • On June 3 rd, 2025 City Council approved a CIP that consisted of 32 projects that may use OCTA funding. • After the submittal of the eligibility package, OCTA’s staff determined that the City’s proposed trash project was awarded and needs to be included in the CIP. • City needs to amend the CIP to include the Trash Provision Compliance Full Capture System (FCS) Installation Project. 244 CI P Capital Improvement Program Key Project Elements •FCS Project • The project was awarded $192,000 through OCTA’s Measure M2 Environmental Cleanup Project (ECP) Tier 1 Fund. The ECP grant program is a competitive grant which is designed to address pollutants from streets and roadway surfaces such as trash/debris, oil and grease. • This ECP project will help the City comply with the State’s trash provisions by installing 60 full trash capture catch basin inserts throughout the City streets. 245 Questions? 246 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-724 MEETING DATE:10/7/2025 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: Public Hearing to Adopt Resolution No. 2025-52 for Annual Assessment Approval in the Huntington Beach Downtown Business Improvement District for Fiscal Year (FY) 2025-2026 Statement of Issue: On September 2, 2025, the City Council adopted Resolution No. 2025-51 declaring its intention to levy an annual assessment for the Huntington Beach Downtown Business Improvement District (District) and scheduled a public hearing for October 7, 2025. Each business within the District is charged an annual fee, which the City collects and distributes to fund services that go beyond the City’s standard baseline services for this area. The City Council is now requested to conduct the public hearing and consider adopting Resolution No. 2025-52 to approve the FY 2025-26 assessment. Financial Impact: The District’s FY 2025-26 budget, submitted by Downtown HB, includes projected revenues of $972,445, of which $115,000 is expected from business assessments. The remainder will come from other revenue sources such as events and sponsorships. The City’s FY 2025-26 Operating Budget (Fund 710: Huntington Beach Downtown Business Improvement District Fund), includes $125,000 in revenue and matching expenditures related to District activities. Recommended Action: A) Conduct the Public Hearing; and, B) If written protests from businesses representing 50% or more of the total assessment are not received, adopt Resolution No. 2025-52, “A Resolution of the City Council of the City of Huntington Beach Approving an Annual Assessment within the Huntington Beach Downtown Business City of Huntington Beach Printed on 10/1/2025Page 1 of 4 powered by Legistar™ 247 File #:25-724 MEETING DATE:10/7/2025 Improvement District for Fiscal Year 2025-26.” Alternative Action(s): The City Council may amend elements of the Annual Report, such as fees, activities, improvements, or district boundaries, and update the Resolution accordingly. However, the City Council may not increase assessments or expand district boundaries as part of this action. If written protests are received from business owners representing more than 50% of the total assessment value, the City Council may not approve the Resolution. Analysis: Background The Huntington Beach Downtown Business Improvement District (District) was created in 2004 to support services that enhance the downtown area, such as safety, marketing, and maintenance, beyond the City’s baseline levels. In 2008, the City Council appointed Downtown HB, a nonprofit formed by local businesses, as the District’s Advisory Board. The Advisory Board makes annual recommendations regarding: ·How funds should be spent. ·Potential changes to assessment amounts or boundaries. The City Council reviews and approves these recommendations through a public meeting. The City and Downtown HB operate under a formal agreement that outlines their roles in managing the District. Downtown HB is responsible for managing collected funds and ensuring they are used exclusively to benefit the businesses in the District. Annual Report & FY 2025-26 Assessment Budget Downtown HB proposes continuing its initiatives to maintain a clean, vibrant, and welcoming environment for residents and visitors. The Advisory Board recommends the following allocation of the $115,000 in assessment revenue: ·Ambassador Security Program - $35,000 (30%):Safety ambassadors assist visitors, deter nuisance activity, and support HBPD. Expanded weekend and event coverage began earlier this year. ·Holiday Beautification - $25,800 (22%):Holiday lighting, snowflakes, and a tree on Main Street. New decorations will extend to the fourth block of Main Street this year. ·Enhanced Maintenance - $21,000 (18%):Additional cleaning and porter services during peak weekends and large events. ·Community Events - $18,000 (16%):Events like the Independence Day Block Party, Surf City of Huntington Beach Printed on 10/1/2025Page 2 of 4 powered by Legistar™ 248 File #:25-724 MEETING DATE:10/7/2025 ·Community Events - $18,000 (16%):Events like the Independence Day Block Party, Surf City Spooktacular, and Magic on Main Street. ·Marketing - $10,000 (9%):Supports digital ads, social media, website content, and email campaigns. ·CRM Software - $3,000 (3%):Stakeholder database and vendor tracking for outreach and participation. ·Financial Services - $2,200 (2%):Third-party accounting for financial accuracy and compliance. The total proposed budget for FY 2025-2026 is $972,445 (Page 20 in the Annual Report), which is an increase of $61,343 from the previous year. There is also $163,570 in unallocated reserves, available for future needs. Additional revenue sources include events like the Surf City Artisan Fair, Surf City Nights, and the City’s contribution for maintenance services. District Renewal Per state law, the submitted Annual Report includes: 1. No changes to the District’s boundaries or benefit zones 2. A list of planned improvements and estimated costs 3. The method used to calculate each business’s assessment 4. Any surplus or deficit from the prior fiscal year 5. Revenue sources beyond the business assessments Currently, approximately 255 businesses pay annual assessments ranging from $80 to $1,404, plus a $12 processing fee. There are no proposed changes to the assessment formula or boundaries this year. Protests & Public Hearing Procedure Business owners may submit written protests if they oppose the proposed assessment. Protests must be submitted by the business owner (or their designated agent) as shown in City records. Protests may be withdrawn at any time before the close of the public hearing. If written protests representing 50% or more of the total assessments are received, the City Council must not proceed with the levy of the assessments for FY 2025-26. If the protests pertain only to a specific service or activity (e.g., holiday decorations), that activity must be removed from the budget. 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 City of Huntington Beach Printed on 10/1/2025Page 3 of 4 powered by Legistar™ 249 File #:25-724 MEETING DATE:10/7/2025 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. For details, visit www.huntingtonbeachca.gov/strategicplan. Attachment(s): 1. Resolution No. 2025-52 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 10/1/2025Page 4 of 4 powered by Legistar™ 250 251 RESOLUTION NO. 2025-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AN ANNUAL ASSESSMENT WITHIN THE HUNTINGTON BEACH DOWNTOWN BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2025-2026 WHEREAS, the Parking and Business Improvement Area Law of 1989, codified at Streets and Highways Code §36500 et seq. (the "Act") authorizes cities to establish parking and business improvement areas for the purpose of imposing benefit assessments on businesses for certain purposes; and The City C01mcil formed a business improvement area, the Huntington Beach Downtown Business Improvement District (the "District"), by the passage of Ordinance 3661 on September 7, 2004. The City is proposing to levy an assessment for fiscal year 2025-2026 pursuant to the process detailed in Streets and Highways Code §36500, et seq.; 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 On September 2, 2025, the City Council adopted a resolution declaring its intention to levy an annual assessment for Fiscal Year 2025-2026 as proposed by the District's Annual Report. NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve, determine and find as follows: SECTION 1. The City Council hereby confirms, approves and adopts 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 report includes a proposed budget for Fiscal Year 2025-2026 and a description of the improvements and activities to be provided for Fiscal Year 2025-2026. SECTION 2. The City Council of the City of Huntington Beach hereby authorizes a levy and collection of assessments within the District for Fiscal Year 2025- 2026 as proposed by the Annual Report. The amount of the assessment shall be as per the assessment schedule and is to apply to all businesses in the District as shown in Exhibit B. SECTION 3. The assessments collected will be used in part and as provided in the Annual Report. 25-16742/384237 1 252 Resolution No. 2025-52 SECTION 4. This resolution shall take effect on , 2025. ------- PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the ___ day of ________ ., 2025. Mayor REVIEWED AND APPROVED: INITIATED AND APPROVED: City Manager APPROVED AS TO FORM: City Attorney ATTEST: City Clerk 25-16742/384237 2 Exhibit A: Annual Report 253 HUNTINGTON BEACH DOWNTOWN BUSINESS IMPROVEMENT DISTRICT ANNUAL REPORT 2025-2026 254 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 1 255 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 2 256 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 3 257 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 4 258 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 5 259 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 6 260 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 7 261 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 8 262 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 9 263 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 10 264 • • • 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 11 265 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 12 266 • • • • 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 13 267 • • • STATEMENT OF FINANCIAL POSITION 2025 -2026 ANNUAL REPORT Page 14 268 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 15 269 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 16 270 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 17 271 I INCOM E: oor NO\/ IIXC IAU HII 11MAR APill 11MAY JU I LA. 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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 18 272 • • • • • • • • • 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 19 273 • • • • 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 274 Exhibit B: Map of the District, Assessment Schedule, and Businesses to be Assessed 275 DISTRICT BOUNDARY MAP FY 2025-2026 276 H1111ti11gto11 Beach Dow11to11'11 Busi11ess l111prove111e11t District Bou11daries a11d Be11ejit Zo11es 1 & 2 ft,anlCICK1 AYt Efm,r. Av11~ i D•UOft AveS ;;; . J l\111ll1mot• Av• < ' Wt11t•S-a1t\,n! !;' ShtflC\.I 0 ; Be.seh~omb• O, ! "' 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 277 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 278 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 279 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 280 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 281 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 282 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 283 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 284 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 285 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 286 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) 287 Exhibit C: Improvements and Activities 288 IMPROVEMENTS AND ACTIVITIES The fo llowing are recommendations from the Advi sory Board on th e expenditu re of r evenues derived from the levy of assessme nts, esti mat ed to total $115,000 fo r FY 2025-2026 (a r eduction of $2,000 from 20 24-2025): AMBAS SADOR PROGRAM $35 ,000.00 ENHANCED MAINTENANCE $21,000.00 HOLIDAY BEAUTIFICATION $25,800.00 MARKETING $10,000.00 COMMUNITY EVENTS $18,0 00.00 CRM $3,000.00 FINANCIAL SERVICES $2,200.00 PUBLIC IMPROVEMENT PROJECT $T8D Further Inforrnation About the al locatio n of funds, follows on Page 12 thr ough Page 13. 289 2025-2026 ACTIVITIES AND IMPROVEMENTS AMBASSADOR PROGRAM The purpose of the Am bassador program is to estab lish a positive rappo1t and vis ible presence among bus iness owners, patrons, and visi tors in Downtown on weekends, holidays and specia l events. The prog ram 's goal is to create an envi ronme nt where all visitors can enjoy their time i n Downtown Hunti ngto n Beacti. Th e Ambassadors oommunicate t hro ugh WhatsApp. The Wh atsApp is for all r es taura nt/bar man agers and ow ner s and bar security. The Ambassador pr og ram, fonded by t h e Assessm ents and Visit Hu nting ton Beach, has p r oven to be a valua ble asset to Downt own. The Ambassadors have been ac ti ve ly invo lved in various act ivities, induding: ;t Regular Patrolling -The Am bassadors patrol the Downtown, maintaining a visible presence and establishing rapport wi th individual s in the commu nity. 1t Obse.rvation and Reporting -The Ambassadors obse1ve and repo 1t any po te nt ial safety concems, d is turbances, or oth e r in cidents in the ar ea. • Collaborati on with HBPD -T he Ambassadors worked d ose ly wi th the HBPD Downtown Deta il to address sa fety-re lated matters effe ctive ly. •Ass istance and Guidance -The Ambassadors prov ide ass istance and guidance to vi sit ors, answe ri ng questions, prov ide directions and offer recommendations for local attractio ns. lhe Ambassadors' commitment to safety, co mm unity engagement, and coll abo ration wi th HtWL> has made a posi tive impact on Downtown and in creased the positive image of Downtown, ENH ANCED MAINTENANCE The Downtown Oist1ict is a hub for both l ocal s and visitors, especi al ly during peak seasons and major eve nts . Downtown Huntingto n Beach takes proacti ve measures to ens ure clean liness and a welcom ing atmosphere. Funds are allocated for additional se rvices duiing peak seasons and events, as we ll as to oov e r t h e d ifference b etwee n t he City of Hunt ingt o n Beach MOU and the cun-ent mai nte nance contract. Providing a posit ive and memorab le experience for all attendees i s essen tial and reinforces Downtown reputation as a vibrant and welcoming destination. T his year, the en hanced maintena nce has i naease d the area fo r steam cleaning and po1ter se rv ices seve n days a week. The entire BIO Assessment area now receives the se rvices f ro m Malco. HOLIDAY BEAUTIFICATION The Downtown was transformed du ring the ho liday season with the addition of enchantin g lighting and snowflakes above Main Street. The star of the show is the decorated tree on th e 2nd block of Main Street, se1vin9 as the h eart of the ho liday mag ic and d rawing the comm uni ty and visitors togethe r. Next year the ho liday deoorat ions will be •beach-themed " and in clude 6th Street and the fourth b lod< of Main street. 290 2025-2026 ACTIVITIES AND IMPROVEMENTS MARKETING Marketing and Events have been ins bumental in promo ti n g and shaping the story of the Downtown District. Our strategic approach to ma rketing, which includes utilizing va1ious co mmunicati on channels and organizing co mmunity events, has allowed us to engage stakeholders effectively and estabfish a strong brand i den tity for Downtown Hu ntington Bead,. Assessme nt Fees are used for advertising and market ing programs , incl uding website, soci al media and ema il out reach, A new Soc ial Medi a Co nsul tant will be reta ined for enhancing our marketing capabilities . COMMUNITY EVENTS Community Events such as the I ndependence Day Blo d< Pa1ty, Su1f City S�o ktacular, and Mag ic on Main Sb-eet hav e become hi ghly antic ipated annual ga the1ings. These events have not only i ncr ease d e xposure but ha ve al so cre ated mem o rable experiences, engaged our community , and enhanced the D owntown Hu ntington Bead, brand. A new community event will be planned for the off-season to attract local resi dents to vis it Downtown. CRM In FY 2022-2023, The Huntington Beach City Council r eoommended that BID adopt a Cus t o m er Re latio nshi p Man agem e nt (CRM) p rog ram. A CRM serves as a tool for the org anization 's s tability and longev i;t y, b ene fiting all stake holders. The benefits of CRM i n clude:•Data cen traliza tion, en compass ing contact info rmat ion, communicat ion his tory, and othe r pe1tinent de tails. This compre hensive view of custome r data guarantees up to date info rm ati on, enab ling the organization to identify and address po tenti al issue s proactively b efore they escal ate." Improved stakeholder re lations hips, facilitated by a central database that pll'Ov ides a be tter unders tand ing of th eir needs and pref erences, conseque ntly e nabling more personalized interactio ns, " Effic ient ma rketi ng campai gns:, empowered by tailored mari<eti ng messages specifically targeted at distinct stakeho lde r gro ups , thus lead ing to hei ghte ned engagement. FINANCIAL SERVICES Monthly financial se ,vices by a thi rd-par ty CPA, ban k fees, and Quid<Boo ks have s treamli ned our financ ial oper ati on s a nd en hanced t ranspar e n cy . PUBLIC IMPROVEMENT PROJECT Collabor at e wit h the City Counc i l to devel op a Public Imp rovement Project in Dow nt own Hunt in gton Beach for the new fiscal year . 291 J City Council Meeting October 7, 2025 Public Hearing to consider adoption of Resolution No. 2025-52 approving an Annual Assessment within the Huntington Beach Downtown Business Improvement District for Fiscal Year 2025-26 292 Background •Established: 2004 at the request of Downtown merchants •Purpose: Fund improvements and services above the City ’s baseline levels •Process: Per State law, Public Hearing to review Annual Report & Budget (prepared by Advisory Board) •City Council Role: Reviews the Annual Report each fiscal year and conduct a public hearing to consider and approve the assessment for the following fiscal year 293 The District •~255 businesses in the District •Funded by business assessments (ranging from $80 to $1,404) •Based on business size, location, and type •Two benefit zones •~$115,000 in assessments projected annually •Collected with business license renewals •Advisory Board (appointed by Council) recommends use of funds 294 Hu11ti11gto11 Beach DoH111toH111 Busi11ess lmprove111e11t District Boundaries a11d Be11ejil Zo11 es 1 & 2 t f Est \ Whll•S11\J\i i !;' ~ ; ;1~• "" t M11,n1i(I i ee1cMom11•Dr j .S•m••·wO" ::;L,:,rcnzoDrj' 5 .o...,,.c-,,. "'q..•-61,0 ..... :l.,,I. ,.'-..... a,...-,: Downtown HB •Appointed in 2008 to serve as the District’s Advisory Board •Private, 501(c)(6) nonprofit formed by Downtown businesses •Represents business interests and manages programming, events, and services •Operates under an agreement with the City to manage District activities •Important distinction: •BID (District): City program funded by business assessments •Downtown HB: Nonprofit that administers BID funds 295 RE OLUT IO, NO 2008-04 A RE OLUT ION Of THE CITY OU IL OF THE CITY OF HUNTfNGTON BEACH DESIGN A TING TH E DOWNTOWN BUSINE S IMP ROVEMENT DISTRICT AS THE DOWNTOWN BID ADV ISORY BOARD WHEREAS, 011 September 7, 2004 City Council created the Dowmown Bu in ess Improvement District ("Down town BID") pu rsuan t to al ifom ia Stroets & Highways Code Sec tion 36500, et seq.; and Bu sinesses located in the geogra phical boun daries of the Down town BID formed a 50 J(c)6 non-profit corpo ration known as the Hunti ngton Beach Down town Bu iness Imp rovemen t District iO bener prom ote the down town area of Hu ntington Beach; and This non-profit corporat io n represents the co ll ective interest of busi nesses in the geographic BID area to prom ote BJD activities, 'OW, THEREFORE , the City Co unci l of the City of Huntington Beach docs hereby resolve as follows : Upon the adopti on of Ord inance No. 3797 the Huntingto n Beach Dow nt own BID , shall be the Downtown BID Adv isory Board fo r the 2007-2008 BID budget year. PASSE D AND ADOPTED by the Ciry Counc il of the City of Huntington Beach at a regu lar meetLng thereof held on tbe ~ day of February , 20...illL_. ,(}1/i-A>l ~ Mayor REV~ AP ROVED: IN r nATED AND APPROVED : Ci ty Admin is trator FY 2024-25 Highlights Program & Service Enhancements: •Expanded weekend Ambassador coverage •Extended steam cleaning and porter services •Issued RFPs for maintenance, security, and social media Partnerships & Transparency: •Partnered with City for Independence Day & Bike Valet •Revived Chili at the Beach and Surf City Day •Established separate assessment account for fiscal transparency 296 FY 2025–26 Proposed Budget DOWNTOWN HB 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 $972,445 297 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 $115,000 298 Ambassador Program:Improves safety, visibility, visitor experience Enhanced Maintenance:Cleaning during busy weekends/events Holiday Beautification:Seasonal lighting and tree display (expanding this year) Marketing: Digital promotion, website, social media Community Events:Surf City Spooktacular, Magic on Main, etc. CRM System:Improves outreach and tracking Financial Services:Third-party CPA ensures accountability How Assessment Funds Will Be Used 299 Annual Assessment Protest Hearing •State law requires an annual hearing to review any protests against the District assessment •Only written protests submitted by business owners or their legal agents may be considered •If protests equal 50% or more of the total assessment, assessment cannot be levied for the upcoming year •If a majority protest does not occur, City Council may renew the assessment for the upcoming year 300 •Conduct the Public Hearing •If written protests representing less than 50% of the total assessment are received, adopt Resolution No. 2025-52 approving an annual assessment for FY 2025-26 Recommendation 301 Questions? 302 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-789 MEETING DATE:10/7/2025 Subject: Item Submitted by Council Woman Gracey Van Der Mark and Councilmen Butch Twining and Don Kennedy - Prohibition on Sale and Distribution of Nitrous Oxide in Huntington Beach Recommended Action: Direct the City Manager and City Attorney to prepare an ordinance for the prohibition of sale and distribution of nitrous oxide in Huntington Beach. Attachment(s): 1. Council Woman Van Der Mark and Councilmen Twining and Kennedy Memo City of Huntington Beach Printed on 10/1/2025Page 1 of 1 powered by Legistar™ 303 City Council Meeting – Council Member Items Report To: City Council From: Council Woman Gracey Van Der Mark Councilman Butch Twining Councilman Don Kennedy Date: October 7, 2025 Subject: Ordinance for the Prohibition of Sale or Distribution of Nitrous Oxide in Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 | www.huntingtonbeachca.gov ISSUE STATEMENT Nitrous oxide, commonly known as “laughing gas” or “whippets,” has become a growing public health and safety concern in Huntington Beach and throughout Orange County. Although nitrous oxide has legitimate medical and commercial applications, it is increasingly being misused as a recreational inhalant, creating challenges that require regulatory action beyond current state law. Sold widely under the guise of “whipped cream chargers” or “culinary use,” nitrous oxide is inexpensive, packaged in colorful and youth-oriented designs, and readily available in smoke shops, convenience stores, and online. Unlike alcohol or cannabis, there are virtually no point-of- sale restrictions, normalizing nitrous oxide as a cheap, easily accessible drug among young people. The recreational use of nitrous oxide is not harmless. Short-term effects include disorientation, nausea, blackouts, and impaired motor control—creating immediate risks to users and the public, particularly when combined with driving or disruptive behavior. Chronic misuse poses even more serious consequences, including vitamin B depletion, irreversible nerve damage, paralysis, cognitive impairment, and even death. The Huntington Beach Police Department has reported a sharp increase in nitrous oxide-related arrests, rising from 28 in 2023 to 89 in 2024, with 113 arrests already recorded in 2025. This represents more than a 400% increase since 2023. This upward trend underscores the urgent need for proactive intervention. While California Penal Code § 381(b) prohibits possession or use of nitrous oxide for intoxication, it does not effectively address sales through the “culinary use” loophole. As a result, retailers continue to profit from recreational distribution while law enforcement is left to prove individual intent, limiting the effectiveness of enforcement. Neighboring jurisdictions—including Santa Ana, Costa Mesa, Newport Beach, and the County of Orange—have recently acted to close this loophole by adopting ordinances prohibiting the sale, distribution, and recreational use of nitrous oxide. Adopting a similar ordinance in Huntington Beach would safeguard public health, provide law enforcement with a clear and enforceable tool, and reduce community impacts. 304 •. CITY OF _ HUNTINGTON BEACH 2000 Main Street, Huntington Beach, CA 92648 | www.huntingtonbeachca.gov A municipal ban on the sale, distribution, and recreational use of nitrous oxide will close existing regulatory gaps, limit youth access, reduce public nuisances, and affirm the City’s commitment to proactive public safety. RECOMMENDED ACTION Direct the City Manager and City Attorney to draft an ordinance making it unlawful for any person to sell, attempt to sell, offer, distribute, or otherwise provide to any person nitrous oxide, a device to dispense or administer nitrous oxide, or any device that contains any quantity of nitrous oxide. This ordinance should identify exceptions to prohibition. 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 305 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-795 MEETING DATE:10/7/2025 Subject: Item Submitted by Mayor Pat Burns - Adopt Resolution No. 2025-64 in Support of Immediate Action to Ensure a Legally Valid and Transparent 2026 General Election Recommended Action: Adopt Resolution No. 2025-64, “A Resolution of the City Council of the City of Huntington Beach in Support of Immediate Action to Ensure a Legally Valid and Transparent 2026 General Election.” Attachment(s): 1. Mayor Burns Memo City of Huntington Beach Printed on 10/1/2025Page 1 of 1 powered by Legistar™ 306 To: From: Date: Subject: City Council Meeting – Counci l Membe r Item s Report City Council Mayo r Pa t Burns October 7, 2025 Adopt Resolution No. 2025 -64 in Support of Immediate Action to Ensure a Legally Valid and Transparent 202 6 General Election 2000 Main Street, Huntington Beach, CA 92648 | www.huntingtonbeachca.gov ISSUE STATEMENT Free and fair elections are the cornerstone of representative democracy, ensuring that government remains accountable to the people it serves. California election law provides the framework that protects voter access, ballot integrity, and transparent administration, but ongoing scrutiny is necessary to maintain public trust. When voters believe their voices are heard and their ballots are secure, confidence in the legitimacy of outcomes grows. Conversely, any perception of unfairness— whether in how votes are cast, counted, or districts are drawn—undermines faith in the process. A critical component of election integrity is the assurance that voting systems remain transparent, secure, and resistant to manipulation. California has enacted laws aimed at balancing access with accountability, such as requiring voter verification and mandating audits of election results. These safeguards are vital to reassure citizens that elections are conducted with accuracy and fairness. At the same time, the state must guard against measures that unintentionally weaken oversight or create opportunities for errors, as even minor lapses can erode trust in outcomes. Equally important is the role of the California Citizens Redistricting Commission, which was created to draw legislative and congressional district maps independently of lawmakers. This body was designed to prevent gerrymandering and promote fair representation. We need to strengthen public confidence and safeguard the principle of free and fair elections by upholding transparent election laws and maintain vigilance over redistricting. RECOMMENDED ACTION Adopt Resolution No. 2025-64, “A Resolution of the City Council of the City of Huntington Beach in Support of Immediate Action to Ensure a Legally Valid and Transparent 2026 General Election.” 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 307 •. CITY OF _ HUNTINGTON BEACH 308 RESOLUTION NO. 2025-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH IN SUPPORT OF IMMEDIATE ACTION TO ENSURE A LEGALLY VALID AND TRANSPARENT 2026 GENERAL ELECTION WHEREAS, Free and fair elections form the cornerstone of the Republic of the United States. As stated in Reynolds v. Sims (377 U.S. 533, 1964), "the right of suffrage can be denied by a debasement or dilution of the right of a citizen's vote just as effectively as by wholly prohibiting the free exercise of the franchise."; and Election officials bear the responsibility to ensure elections remain accurate and free from manipulation. In In re Coy (127 U.S. 731, 1888), the United States Supreme Comt affirmed that election officials must strictly adhere to federal and state laws governing process, defining election misconduct as follows: "The evil intent consists in disobedience to the law."; and Our constitutional system of representative government relies on four fundamental principles for validity in our elections: 1. Accurate Voter Rolls: Election officials must maintain voter registration lists that are current and correct, which includes facilitating the registration of eligible citi zens as well as preventing the registration of noncitizens, fictitious names, and ineligible applicants (National Voter Registration Act, 1993). 2. Eligible Votes Only: Election officials must only count votes case by eligible citizen voters (U.S. Constitution, Fourteenth Amendment, Section 2). 3. Vote Reconciliation: Election officials must ensure that the number of votes counted matches the number of participating voters. 4. System Accuracy: Voting systems must achieve accuracy standards set by Congress by limiting ballot counting errors to no more than one error per 125,000 ballots (Help America Vote Act, 2002). Election officials must substantiate assertions of accurate outcomes with transparent records; and Unite 4 Freedom conducted an independent audit of the California 2024 General Election and uncovered alarming irregularities : • 9,539,574 material errors and omissions in the voter registration database. • 5,588,594 votes improperly counted from these ineligible or uncertain registrants. • 77,085 excess votes counted b eyond the number of voters who participated, with no explanation for their origin. • 5,588,484 voting violations exceeding the legal error threshold, where only 130 errors were allowed under federal law. The audit findings indicate severe violations of state and federal election laws and potential fraudulent certification; and 309 RESOLUTION NO. 2025-64 Election accuracy is defined as the ability to capture and report voter selections without error. By definition, only eligible citizens are voters. Election officials violate civil rights, undermine public trust, and jeopardize national security when they certify an election that fails to reach this standard; and The irregularities in the official records of the 2024 General E lection call into question the validity of the election, threatening the guaranteed protection of our natural rights under a republican form of government. This emergency inflicts immeasurable harm upon our families, our way of life, and the fabric of these United States. It raises the specter of false representation in US Congress and state governments -an allegation that election officials are currently unable to disprove, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: SECTION 1. Immediate action is necessary to ensure a legally valid and transparent 2026 General Election by implementing the following measures: a. Infrastructure Compliance: Election officials must ensure that all voting systems meet Federal Information Security Moderni zation Act (FISMA) standards and maintain compliance throughout the election process; and b. Voter Verification: Verify that all voters are legally eligible U.S. citizens before their votes are counted. If a voter's eligibility is in question, their vote must be held as provisional until legally verified; and c . Ballot Security: Enforce all issued and counted ballots to comply with robust chain-of-custody protocols to secure ballots from forgery, tampering , coercion, destruction, or injection; and cl. Accurate Counts: Ensure all voted ballots are received, and every valid ballot is accurately counted, with any material questions resolved through unlawful adjudication procedures and oversight; and e. Proven Outcomes: Election officials must investigate and resolve, or if necessary, re-administer any election that cannot be proven accurate and compliant. In every jurisdiction, officials must provide records substantiating election and initiative res ults to citizens. Additionally, officials must securely store all ballots and operational records - including electronic records -to protect them for auditing purposes from tampering or alteration. SECTION 2. That the Huntington Beach City Council calls upon the state of California and federal legislators, law enforcement agencies, prosecutors, judges, and election boards to uphold these principals, ensure legal compliance and restore public confidence in our electoral system. 25 -1 7 154/391168 2 310 RESOLUTION NO. 2025-64 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the ___ day of __________ , 2025. INITIATED AND APPROVED: APPROVED AS TO FORM : Mayor Pat Burns City X ttorney Mayor Pro Tem Casey McKeon Councilman Don Kennedy Councilman Andrew Gruel Councilman Butch Twining Council woman Gracey Larrea-Van Der Mark Councilman Chad Williams 25-17 154/39 11 68 3