HomeMy WebLinkAbout2015-05-04Minutes
City Council/Public Financing Authority
City of Huntington Beach
Monday, May 4, 2015
4:00 PM - Room B-8
6:00 PM - Council Chambers
Civic Center, 2000 Main Street
Huntington Beach, California 92648
An audio recording of the 4:00 PM portion of this meeting
and a video recording of the 6:00 PM portion of this meeting
are on file in the Office of the City Clerk and archived at
www.surfcity-hb.ora/government/agendas/
4:00 PM - ROOM B-8
CALLED TO ORDER — 4:07 PM
ROLL CALL
Present: Posey, O'Connell, Katapodis (arrived at 4:08 PM), Hardy, Sullivan, Delgleize, Peterson
Absent: None
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution)
Pursuant to the Brown "Open Meetings" Act, City Clerk Joan Flynn announced a supplemental
communication for Study Session Item No. 1, a PowerPoint communication dated May 4, 2015, entitled
Streetlight Update.
PUBLIC COMMENTS PERTAINING TO STUDY SESSION / CLOSED SESSION ITEMS (3 Minute Time
Limit)
Dan Kalmick, Chair, Planning Commission, spoke in support of City -owned light poles for enhancement
of modern technology (internet, cellular communication).
STUDY SESSION
1. Streetlight Program and Acquisition Process Update
Senior Administrative Analyst Tony Graham provided a PowerPoint presentation entitled Streetlight
Update — City Council Study Session May 4, 2015, that included the following titled slides: Agenda,
Streetlight Overview, Types of Streetlights, Energy Expenditures, SCE Rate Projections, and Cost
Analysis: Coalition for Affordable Streetlights (CASE).
Transportation Manager Robert Stachelski continued with the presentation with: Benefits of LED
Streetlights, Streetlight Comparison, Annual Streetlight Cost Comparison, Cash Flow Participation,
Streetlight Acquisition and. LED Retrofit, Acquisition: SCE Initial Valuation.
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May 4, 2015
Page 2 of 23
Analyst Graham continued with: Revenue Generating Opportunities, Philips Connected City, Street
Lighting Becomes Digital Real Estate, Conclusion, Next Steps, and Questions.
Councilmember Peterson and staff discussed LED color, the ability to change it, range specifics,
temperature, current locations with LED lights, return on investment (ROI), and platinum partnership.
Staff and Councilmember Delgleize discussed the number of light poles in the City.
Councilmember Sullivan and staff discussed contracting for services, poles not eligible for purchase,
network mapping, current pole conditions, and loss of power in the Harbour area.
Councilmember Posey and staff discussed the anticipated 4-12 year ROI, projections for revenue
sharing, communications with Philips (letter of intent, preliminary, no projections).
Councilmember O'Connell and staff discussed revenue projections, due diligence on options, Finance
Department involvement/scenarios, and Public Financial Manager (PFM).
Mayor Pro Tern Katapodis stated that he looks forward to receiving more information.
RECESS TO CLOSED SESSION — 4:52 PM
A motion was made by Delgleize, second Sullivan to recess to Closed Session. The motion carried by the
following vote:
AYES: Posey, O'Connell, Katapodis, Hardy, Sullivan, Delgleize, and Peterson
NOES: None
(Mayor Hardy Announced: Pursuant to Government Code Section 54956.8, the City Council shall
recess to Closed Session to give instructions concerning price and terms of payment to the City's
Negotiator, Ken Domer, Assistant City Manager, regarding negotiations for the purchase or exchange
of real property in the form of a temporary construction easement and permanent street easement for
the Atlanta Avenue Widening Project from Pacific Mobile Home Park at 80 Huntington Street in
Huntington Beach, APN 024-291-16. The property owner is 80 Huntington I, LLC and 80 Huntington II,
LLC.
Mayor Hardy Announced: Pursuant to Government Code Section 54957.6, the City Council shall
recess to Closed Session to meet with its designated labor negotiators and Fred Wilson, City Manager
regarding the following: MEA, MEO, MSMA, SCLEA, POA, FMA, PMA, and/or HBFA.
CLOSED SESSION
2. Pursuant to Government Code § 54956.9(d)(1), the City Council recessed into Closed Session
to confer with the City Attorney regarding the following lawsuit. Armando Jauregui v. City of
Huntington Beach, et al,. United States District Court Case No.: CV 011-09182 DDP (VBK). This
is a Federal civil rights action against the Police Department for alleged false arrest and
excessive force.
3. Pursuant to Government Code § 54956.9(d)(1), the City Council recessed into Closed Session
to confer with the City Attorney regarding the following lawsuit: Lynda Lorz v. City of
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May 4, 2015
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Huntington Beach, Orange County Superior Court Case No. 30-2015-00777844. Plaintiff alleges
that on February 17, 2014 she fell in an alley behind Warner Avenue near the intersection of
Evergreen Circle.
4. Pursuant to Government Code § 54956.9(d)(1), the City Council recessed into Closed Session
to confer with the City Attorney regarding the following lawsuit: City of Los Angeles v.
Hotels.Com, et al., Los Angeles County Superior Court Case No. BC326693. The City of Los
Angeles filed a class action lawsuit on behalf of itself and other California cities (including the
City of Huntington Beach) against internet hotel booking companies claiming that they failed to
pay the proper amount of transient occupancy taxes.
5. Pursuant to Government Code § 54956.9(d)(1), the City Council recessed into Closed Session
to confer with the City Attorney regarding the following lawsuit: Parks Legal Defense Fund v.
The City of Huntington Beach, et al.; Orange County Superior Court Case No. 30-2012-00570541.
In this second lawsuit challenging the Senior Center, a public interest advocacy organization
alleges that the City violated CEQA, City Charter Section 612 (Measure C), and the City's
General Plan.
6. Pursuant to Government Code §54956.9(d)(1) the City Council recessed into Closed Session
to confer with the City Attorney regarding the following lawsuit: City of Huntington Beach v.
Richmond, Huntington Beach Care Givers, Orange County Superior Court Case No. 30-2014-
00745511. The City alleges that Defendants are illegally conducting business as a Medical
Marijuana Dispensary within the City.
7. Pursuant to Government Code Section 54956.8, the City Council recessed into Closed
Session to give instructions concerning price and terms of payment to the City's Negotiator,
Ken Domer, Assistant City Manager, regarding negotiations for the purchase or exchange of
real property in the form of a temporary construction easement and permanent street easement
for the Atlanta Avenue Widening Project from Pacific Mobile Home Park at 80 Huntington Street
in Huntington Beach, APN 024-291-16. The property owner is 80 Huntington I, LLC and 80
Huntington II, LLC.
8. Pursuant to Government Code § 54956.9(d)(1), the City Council recessed into Closed Session
to confer with the City Attorney regarding the following lawsuit: Huntington Shorecliff, LP v.
City of Huntington Beach, et al. (JS Stadium), Orange County Superior Court Case No. 30-2011-
00463995.
9. Pursuant to Government Code § 54957.6, the City Council recessed into Closed Session to
meet with its designated labor negotiators and Fred Wilson, City Manager regarding the
following: MEA, MEO, MSMA, SCLEA, POA, FMA, PMA, and/or HBFA.
6:00 PM - COUNCIL CHAMBERS
RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING — 6:02 PM
CLOSED SESSION REPORT BY CITY ATTORNEY - None.
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May 4, 2015
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ROLL CALL
Present: Posey, O'Connell, Katapodis, Hardy, Sullivan, Delgleize, and Peterson
Absent: None
PLEDGE OF ALLEGIANCE - Led by Councilmember Peterson.
INVOCATION - Led by Bob Ewing Executive Pastor at First Christian Church and Chaplain for the
Huntington Beach Police Department.
AWARDS AND PRESENTATIONS
Mayor Hardy proclaimed May as Asian -Pacific American Heritage Month and Older Americans
Month.
Mayor Hardy called on Jeff Snow from Rainbow Environmental Services and the Environmental
Sustainability Partnership (ESP) to recognize Home Run Media for their AB341 Commercial
Recycling achievements.
Mr. Snow provided a PowerPoint entitled ESP 2015 Earth Day Award, that included the following titled
slides: Earth Day Facts, Earth Elements Air - Water - Solid Resources Significant Achievements Since
1970, Local Earth Day Achievements, Earth Day Huntington Beach Facts, Sustainable Results for
Huntington Beach, Huntington Beach Commercial Recycling, City of Huntington Beach ESP
Commercial Recycler of the Year, Home Run Media Photographs, Superlative Sustainability, and
Home Run Media Recycling Leaders.
Mr. Snow was joined by Home Run Media Founder Patrick Brenden and other staff to accept a plaque
honoring their achievements.
Mayor Hardy called on Kelly Miller from Visit HB to promote National Tourism Week.
Mr. Miller discussed National Tourism Week and how tourism generates nearly $2 trillion dollars in the
US annually, and approximately 15 million jobs. He provided statistics related to Occupancy, Average
Daily Rate and Revenue per Available Room. He discussed programs such as Surf City Shuttle, Wave
Finding Program, and the Downtown Ambassador Program. He announced the Epic Big Board Ride —
Visit Huntington Beach is building the world's largest surfboard that will premier on June 20 on the
south side of the pier, when 62 individuals will ride a 42'x12' surfboard unassisted. The Big Board will
be mounted near the International Surf museum after the event.
Mayor Hardy presented Mr. Miller with a proclamation for National Tourism Week.
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution)
Pursuant to the Brown "Open Meetings" Act, City Clerk Joan Flynn announced supplemental
communications that were received by her office following distribution of the Council agenda packet:
Consent Calendar #7: Communications received from various individuals regarding the adoption of
Ordinance No. 4053 regulating the use of plastic carryout bags and recyclable paper carryout bags:
Renee Caligiuri, Joel Griffin, Stacey McDonald, Shannon Pollacchi, Lori (no last name given), Angela T.
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May 4, 2015
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Howe and Shane Coons, Surfrider Foundation, Mark Murray, Californians Against Waste, Colin A.
Kelly, Orange County Coastkeeper, and Ray Heimstra, Sierra Club Orange County Conservation
Commitee.
Ordinances for Adoption #12: Communication submitted by City Clerk Joan Flynn, dated May 1, 2015,
notating a number change in the Ordinance entitled "Urgency Measure Adopting an Interim Ordinance
of the City of Huntington Beach Adding Section 204.18 to Chapter 204 of the Zoning and Subdivision
Ordinance Titled Use Classifications" from #4054 to #4059.
Councilmember Items #14: Communications submitted by various individuals in support of
establishing a "Buy America" Procurement Policy: Ron Kupferstein, Jim Heaney Jr., Electronic
Waveform Lab, Inc., Jenelle (Godges) Bader, Southern California Edison.
COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS AND ALL AB 1234 DISCLOSURE
REPORTING
Councilmember Peterson announced the appointment of Hector Valdez to the Homeless Task Force.
PUBLIC COMMENTS (3 Minute Time Limit)
(The number (hh:mm:ss) following the speakers' comments indicates their approximate starting time in
the archived video located at http://www.surfcity-hb./org/government/agendas/).
Robert Dettloff, President, Council on Aging (COA), discussed the COA's Volunteer Appreciation Lunch
and presented informational slides that highlighted Accomplishments in 2014, Volunteers Make Life
Better, and Ten Year Community Service Volunteer Hours. (00:27:27)
Bob Wentzel spoke regarding the Duck-A-Thon on May 15, 16 and 17 on the Huntington Beach Pier to
raise funds for the Huntington Beach Community Clinic. This year's theme is Under the Big Top.
Events include Wine Tasting on May 15th, Duck-A-Thon on May 16, and a Corporate Duck Race on
May 17. (00:30:18)
Ralph Bauer encouraged Council support for set -aside housing for Veterans, referenced a proposal to
convert Central Park's mobile home lot back to parkland, and spoke in support of Councilmember
O'Connell's "Buy America" proposal. (00:33:13)
Clem Dominguez voiced concerns about the volume of important issues on tonight's agenda, and
provided support for adopting Resolution No. 2015-20 approving Zoning Text Amendment (ZTA) No.
15-003 to amend Beach and Edinger Corridors Specific Plan (BECSP) as directed by the City Council
on March 26, 2015. (00:36:15)
Angela T. Howe, Legal Director, Surfrider Foundation, spoke in opposition to Consent Item No. 7 -
Adopt Ordinance No. 4053, Repeal of Municipal Code Section 5.95 regulating the use of plastic
carryout bags and recyclable paper carryout bags. (00:39:13)
Dianne Thompson, Chamber of Commerce, spoke in support of Councilmember Item No. 14 - Consider
Establishing a "Buy America" Procurement Policy. (00:42:11)
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May 4, 2015
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Jerry Wheeler, President/CEO Huntington Chamber of Commerce, spoke in support of Councilmember
Item No. 14 - Consider Establishing a "Buy America" Procurement Policy. (00:42:48)
Michelle Clark, Rainbow Environmental Services but speaking on behalf of Tanya Pham, spoke
regarding the 2015 Army Ball, and submitted a communication that describes the event that will
take place on May 30 at the Queen Mary in Long Beach. (00:45:50)
Patrick Brenden, Chairman of the Board, Huntington Chamber of Commerce and City Planning
Commissioner, spoke in support of Councilmember Item No. 14 - Consider Establishing a "Buy
America" Procurement Policy. (00:47:38)
Laurie Hammond spoke in opposition to Consent Item No. 7 - Adopt Ordinance No. 4053, Repeal of
Municipal Code Section 5.95 regulating the use of plastic carryout bags and recyclable paper carryout
bags. (00:49:50)
Rob Pool spoke in support of Councilmember Item No. 14 - Consider Establishing a "Buy America"
Procurement Policy. (00:51:18)
Mike Van Voorhis, President, Sunset Beach Community Association, voiced support for Consent Item
No. 6 - Amendment to the Pre -Annexation Agreement by and between the City of Huntington Beach
and the County of Orange, and termination of Agreement with Orange County Fire Authority (OCFA) for
Fire Development Plan Review and Inspection Services related to Sunset Beach. He also announced
the Sunset Beach Annual Art Festival that will be held on May 9 and 10. (00:53:36)
Jessica Budica, Surfrider Foundation, Environmental and General Plan Advisory Committee (GPAC)
board member, spoke in opposition to Consent Item No. 7 - Adopt Ordinance No. 4053, Repeal of
Municipal Code Section 5.95 regulating the use of plastic carryout bags and recyclable paper carryout
bags. (00:5&28)
Shane Coons, Surfrider Foundation, spoke in opposition to Consent Item No. 7 - Adopt Ordinance No.
4053, Repeal of Municipal Code Section 5.95 regulating the use of plastic carryout bags and recyclable
paper carryout bags. (00:59:25)
Sharon Benter spoke in opposition to Consent Item No. 7 - Adopt Ordinance No. 4053, Repeal of
Municipal Code Section 5.95 regulating the use of plastic carryout bags and recyclable paper carryout
bags; and, in support of adopting Resolution No. 2015-20 approving Zoning Text Amendment (ZTA)
No. 15-003 to amend Beach and Edinger Corridors Specific Plan (BECSP) as directed by the City
Council on March 26, 2015. (01:02:02)
Tony Bisson spoke about Consent Item No. 8 - Adopt Ordinance No. 4054 Repealing Chapter 9.54 of
the Huntington Beach Municipal Code relating to Sleeping in Vehicles. (01:04A0)
Gina Clayton-Tarvin, President, Ocean View School District, voiced concerns about trash storage on
the Rainbow Republic property and how it effects students and faculty at Oak View School that is
located across the street. She provided pictures to support her concerns. (01:08:29)
Margaret Friedmann, Oak View School Teacher, voiced concerns about trash storage on the Rainbow
Republic property and how it affects students and faculty at Oak View School. (01:11:38)
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May 4, 2015
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Karen Avina, former Oak View School student, voiced concerns about trash storage on the Rainbow
Republic property and how it affects students and faculty at Oak View School. (01:13:48)
Brenda Avina voiced concerns about trash storage on the Rainbow Republic property and how it affects
students and faculty at Oak View School. (01:15:00)
Roger Lara-Renteria voiced concerns about trash storage on the Rainbow Republic property and how it
affects students and faculty at Oak View School. (01:16:03)
Jeff Coffman spoke in opposition to Consent Item No. 7 - Adopt Ordinance No. 4053, Repeal of
Municipal Code Section 5.95 regulating the use of plastic carryout bags and recyclable paper carryout
bags. (01:18:32)
John Briscoe voiced concerns about trash storage on the Rainbow Republic property and how it affects
students and faculty at Oak View School. (01:20:33)
COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS AND ALL AB 1234 DISCLOSURE
REPORTING
Councilmember Sullivan announced the appointment of Karen Jackle to the Citizen's Infrastructure
Advisory Board.
Mayor Pro Tern Katapodis reported attending the Taste of Huntington Beach event on April 26,
the Assistance League Huntington Beach Annual Fundraiser - Treasures by the Sea 2015 on May 2,
and the California Peace Officers Memorial Ceremony in Sacramento on May 3 and 4.
Councilmember Posey reported attending the Taste of Huntington Beach event on April 26.
Mayor Hardy reported attending the Assistance League of Huntington Beach Annual Fundraiser -
Treasures by the Sea 2015 on May 2.
CITY MANAGER'S REPORT - None.
CITY TREASURER'S REPORT
1. Received and filed the City Treasurer's March 2015 Quarterly Investment Summary
Report
A motion was made by Katapodis, second O'Connell to receive and file the Quarterly Investment
Report for March 2015, pursuant to Section 17.0 of the Investment Policy of the City of Huntington
Beach.
The motion carried by the following vote:
AYES: Posey, O'Connell, Katapodis, Hardy, Sullivan, Delgleize, and Peterson
NOES: None
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May 4, 2015
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CONSENT CALENDAR
Councilmember Peterson pulled Item #4 and Item #5 for further discussion and considerations.
2. Approved and adopted Minutes
A motion was made by Sullivan, second O'Connell to review and approve the City Council/Public
Financing Authority regular, and Successor Agency special meeting minutes dated April 20, 2015, as
written and on file in the office of the City Clerk.
The motion carried by the following vote:
AYES: Posey, O'Connell, Katapodis, Hardy, Sullivan, Delgleize, and Peterson
NOES: None
3. Adopted Resolution No. 2015-15 to approve the updated Citywide Records Retention
Schedule
A motion was made by Sullivan, second O'Connell to adopt Resolution No. 2015-15, "A Resolution of
the City Council of the City of Huntington Beach Adopting the Updated Citywide Records Retention
Schedule, Authorizing Destruction of Certain City Records and Rescinding Resolution No. 2011-53."
The motion carried by the following vote:
AYES: Posey, O'Connell, Katapodis, Hardy, Sullivan, Delgleize, and Peterson
NOES: None
4. Adopted Resolution No. 2015-19 authorizing certain City Officials to execute Grant
Applications and Documents
Councilmember Peterson pulled this item to discuss concerns about what grant applications included,
i.e., training, equipment, ancillary costs - what is attached to this money? Fire Chief Patrick McIntosh
discussed in -kind and administrative costs.
A motion was made by Peterson, second Delgleize to adopt Resolution No. 2015-19, "A Resolution of
the City Council of the City of Huntington Beach Authorizing Certain City Officials to Execute Grant
Applications and Documents," as amended to include review by the Finance Director and City Manager
to ensure there are no negative financial impacts prior to accepting/executing grant.
As amended, the motion carried by the following vote:
AYES: Posey, O'Connell, Katapodis, Hardy, Sullivan, Delgleize, and Peterson
NOES: None
5. Approved Intergovernmental Relations Committee (IRC) recommendations for City
Council action: Support for AB 857 - Clean Truck, Bus, and Off Road Vehicle and
Equipment Technology Program; Opposition, unless amended, for SIB 355 - San Gabriel
and Lower Los Angeles Rivers and Mountains Conservancy; Opposition for SIB 608 -
Right to Rest Act; and authorized the Mayor to sign City position letters accordingly.
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May 4, 2015
Page 9 of 23
Councilmember Peterson pulled the item to express his opposition to the recommended action.
A motion was made by Hardy, second Sullivan to approve a City position of Support for AB 857 - Clean
Truck, Bus, and Off Road Vehicle and Equipment Technology Program; and, approve a City position of
Opposition for SB 355 (unless amended to maintain the existing statutory number of voting Orange
County members) - San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy; and,
approve a City position of Opposition for SB 608 - Right to Rest Act; and, authorize the Mayor to sign
City position letters on AB 857, SB 355, and SB 608 as approved by the City Council.
The motion carried by the following vote:
AYES: Posey, O'Connell, Katapodis, Hardy, Sullivan, and Delgleize
NOES: Peterson
6. Approved and authorized execution of a First Amendment to the Pre -Annexation
Agreement by and between the City of Huntington Beach and the County of Orange; and,
approved the termination of an agreement with Orange County Fire Authority (OCFA) for
Fire Development Plan Review and Inspection Services related to Sunset Beach
A motion was made by Sullivan, second O'Connell to approve and authorize the Mayor and City Clerk
to execute the "First Amendment to Pre -Annexation Agreement by and between the City of Huntington
Beach and the County of Orange;" and, terminate the agreement for Fire Development Plan Review
and Inspection Services with the Orange County Fire Authority.
The motion carried by the following vote:
AYES: Posey, O'Connell, Katapodis, Hardy, Sullivan, Delgleize, and Peterson
NOES: None
7. Adopted Ordinance No. 4053 repealing of Municipal Code Section 5.95 regulating the use
of plastic carryout bags and recyclable paper carryout bags. Approved for introduction
April 20, 2015 (Vote: 6-1, Hardy -No)
A motion was made by Sullivan, second O'Connell to adopt Ordinance No. 4053, "An Ordinance of the
City of Huntington Beach repealing Chapter 5.95 of the Huntington Beach Municipal Code relating to
reusable bags."
The motion carried by the following vote:
AYES: Posey, O'Connell, Katapodis, Sullivan, Delgleize, and Peterson
NOES: Hardy
8. Adopted Ordinance No. 4054 repealing Chapter 9.54 of the Huntington Beach Municipal
Code relating to Sleeping in Vehicles. Approved for introduction April 20, 2015 (Vote: 7-0)
A motion was made by Sullivan, second O'Connell to adopt Ordinance No. 4054, "An Ordinance of the
City of Huntington Beach Repealing Chapter 9.54 of the Huntington Beach Municipal Code Relating to
Sleeping in Vehicles."
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May 4, 2015
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The motion carried by the following vote:
AYES: Posey, O'Connell, Katapodis, Hardy, Sullivan, Delgleize, and Peterson
NOES: None
ADMINISTRATIVE PUBLIC HEARING
9. Conducted Public Hearing for Annual Weed Abatement Program and authorized the
Director of Public Works to proceed with abatement of public nuisance
Debra Jubinsky, Senior Administrative Analyst, presented informational slides that described the
abatement program's timeline and actions.
Mayor Pro Tern Katapodis and Analyst Jubinsky discussed abatement to reduce fire and other hazards
on undeveloped, private property.
Mayor Hardy opened the public hearing to hear any objections and/or protests to the proposed removal
of weeds, refuse and rubbish.
City Clerk Flynn announced there were no speakers, nor supplement communication, for this hearing.
Mayor Hardy closed the public hearing.
A motion was made by Katapodis, second Sullivan to authorize the Superintendent of Streets (Director
of Public Works) to proceed with the abatement of said nuisance.
The motion carried by the following vote:
AYES: Posey, O'Connell, Katapodis, Hardy, Sullivan, Delgleize, and Peterson
NOES: None
PUBLIC HEARING
10. Adopted Resolution No. 2015-20 approving Zoning Text Amendment (ZTA) No. 15-003 to
amend Beach and Edinger Corridors Specific Plan (BECSP) as directed by the City
Council on March 16, 2015
City Attorney Gates and Councilmember O'Connell disclosed property ownership in the Specific Plan
area, recused themselves from participating in the hearing, and left the room.
Jennifer Villasenor, Planning Manager, provided a PowerPoint presentation entitled ZTA No. 15-003
BECSP Amendment that included the following titled slides: Request to amend the BECSP per the City
Council direction of March 16, 2015, BECSP Project Area, Background, Planning Commission Action
on April 14, 2015, Reduce the Maximum Amount of New Development (MAND) to 2,100 units,
Entitlement Processing, Residential Parking, Building Height, Front Yard Setbacks, Upper Story
Setbacks, Assembly Uses, Auto Dealers, Request commercial w/ all residential projects, Public
improvements requirements for commercial projects, Planning Commission and Staff
Recommendation.
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May 4, 2015
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Mayor Hardy asked if an owner and developer had come to the City before the Beach Edinger Specific
Plan, would an EIR have been required? Ms. Villasenor replied "Yes" and stated that the need to get
an El now is no different than it would have been prior to 2010.
Councilmember Delgleize and Villasenor discussed how a MAND of 2100 might affect Regional
Housing Needs Allocation (RHNA) numbers, such as housing element and projected unit counts.
Mayor Hardy opened the public hearing
Pursuant to the Brown "Open Meetings" Act, City Clerk Flynn announced receipt of various
supplemental communications regarding amendments to the Beach and Edinger Corridors Specific
Plan (BECSP):
Glen Campora, Assistant Deputy Director of the Department of Housing and Community Development,
Steve Dodge (2), William Halligan, Esq., Paula and Michael Hessley, Linda Polkinghorne, Nancy
Saksa, Quinn Stahl (2), J. D. Wisenbaker, Gino J. Bruno, Susan & Jon Gary, Steven C. LaMotte,
Director of Government Affairs, Building Industry Association (BIA), Donna Little, Anne McGuire, Linda
Tang, The Kennedy Commission, R. Stevens, Janine Stiffler, Frank Vozel (4), Bruce Wareh, Nicole
Morse, Marguerite Battersby, Sheppard, Mullin, Richter & Hampton, LLP, Michelle Halligan, Amy E.
Freilich, Armbruster Goldsmith & DelVac LLP, Donovan Mattson, Danny McKenna, McKenna VW,
Robert Tyler, Esq., Tyler & Bursch, LLP (3), Mike Hessley, Catherine Johnson, and Teri Pool.
Sava Dujanovic spoke in support of adopting Resolution No. 2015-20 approving Zoning Text
Amendment (ZTA) No. 15-003 to amend Beach and Edinger Corridors Specific Plan (BECSP) as
directed by the City Council on March 26, 2015.
Catherine Johnson spoke in support of adopting Resolution No. 2015-20 approving Zoning Text
Amendment (ZTA) No. 15-003 to amend Beach and Edinger Corridors Specific Plan (BECSP) as
directed by the City Council on March 26, 2015, and submitted a report that included over 2,670 names
of citizens in support of the item.
Ron Sterud spoke in support of adopting Resolution No. 2015-20 approving Zoning Text Amendment
(ZTA) No. 15-003 to amend Beach and Edinger Corridors Specific Plan (BECSP) as directed by the
City Council on March 26, 2015.
Rob Pool spoke in support of adopting Resolution No. 2015-20 approving Zoning Text Amendment.
(ZTA) No. 15-003 to amend Beach and Edinger Corridors Specific Plan (BECSP) as directed by the
City Council on March 26, 2015.
Ron Higby spoke in support of adopting Resolution No. 2015-20 approving Zoning Text Amendment
(ZTA) No. 15-003 to amend Beach and Edinger Corridors Specific Plan (BECSP) as directed by the
City Council on March 26, 2015.
Nancy Duremdes spoke in support of adopting Resolution No. 2015-20 approving Zoning Text
Amendment (ZTA) No. 15-003 to amend Beach and Edinger Corridors Specific Plan (BECSP) as
directed by the City Council on March 26, 2015.
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May 4, 2015
Page 12 of 23
Teri Pool spoke in support of adopting Resolution No. 2015-20 approving Zoning Text Amendment
(ZTA) No. 15-003 to amend Beach and Edinger Corridors Specific Plan (BECSP) as directed by the
City Council on March 26, 2015. She submitted 133 hand -signed letters in support of the item.
Cad Swan spoke in support of adopting Resolution No. 2015-20 approving Zoning Text Amendment
(ZTA) No. 15-003 to amend Beach and Edinger Corridors Specific Plan (BECSP) as directed by the
City Council on March 26, 2015. She provided a PowerPoint entitled HB not HD that included the
following titled slides: MAND (Maximum Amount of Net New Development at 2,100 units), 2,100
MAND... What does that look like? This is 1, 400 MANDY!, 2,100 MAND - NO EXCEPTIONS.
Carol Woodworth spoke in support of adopting Resolution No. 2015-20 approving Zoning Text
Amendment (ZTA) No. 15-003 to amend Beach and Edinger Corridors Specific Plan (BECSP) as
directed by the City Council on March 26, 2015.
Deanne Thompson spoke in support of adopting Resolution No. 2015-20 approving Zoning Text
Amendment (ZTA) No. 15-003 to amend Beach and Edinger Corridors Specific Plan (BECSP) as
directed by the City Council on March 26, 2015.
Theresa D. Andreasen spoke in support of adopting Resolution No. 2015-20 approving Zoning Text
Amendment (ZTA) No. 15-003 to amend Beach and Edinger Corridors Specific Plan (BECSP) as
directed by the City Council on March 26, 2015.
Michael Hessley spoke in support of adopting Resolution No. 2015-20 approving Zoning Text
Amendment (ZTA) No. 15-003 to amend Beach and Edinger Corridors Specific Plan (BECSP) as
directed by the City Council on March 26, 2015, and provided a slide depicting power transmission lines
(Barres-Ellis) that carry 220,000 volts near the Lofts apartments being built at Gothard and Center
Avenues.
Lilli Wells spoke in support of adopting Resolution No. 2015-20 approving Zoning Text Amendment
(ZTA) No. 15-003 to amend Beach and Edinger Corridors Specific Plan (BECSP) as directed by the
City Council on March 26, 2015.
Steven LaMotte, Building Industry Association/Orange County, spoke in support of adopting Resolution
No. 2015-20 approving Zoning Text Amendment (ZTA) No. 15-003 to amend Beach and, Edinger
Corridors Specific Plan (BECSP) as directed by the City Council on March 26, 2015, but recommended
the MAND either remain at 4,500, or be reduced to 3,000. In regards to building heights, he requested
allowing a CUP to deviate; for residential projects, use the word "encourage" rather than "require"
commercial uses at street level; and allow the AMCAL project inclusion in the specific plan area.
Dan Kalmick, Chair, Planning Commission, spoke in support of adopting Resolution No. 2015-20
approving Zoning Text Amendment (ZTA) No. 15-003 to amend Beach and Edinger Corridors Specific
Plan (BECSP) as directed by the City Council on March 26, 2015. He discussed coastal zone parking
requirement and requested that Council consider tandem parking and a parking management plan.
John Leeney, Landscape Architect and Planner, spoke in support of adopting Resolution No. 2015-20
approving Zoning Text Amendment (ZTA) No. 15-003 to amend Beach and Edinger Corridors Specific
Plan (BECSP) as directed by the City Council on March 26, 2015, without a reduction to the MAND.
City Council/PFA Regular Minutes
May 4, 2015
Page 13 of 23
Tommy Thompson, Executive Director, California Apartment Association, spoke in opposition to
adopting Resolution No. 2015-20 approving Zoning Text Amendment (ZTA) No. 15-003 to amend
Beach and Edinger Corridors Specific Plan (BECSP) as directed by the City Council on March 26,
2015.
Blake Hopkins, Project Manager, AMCAL Multi -Housing, Inc., provided PowerPoint slides that
presented an overview of their current project in process, including: Proposal, Site Location,
Background, Benefits to the City, and AMCAL's Request.
Sharon Benter spoke in support of adopting Resolution No. 2015-20 approving Zoning Text
Amendment (ZTA) No. 15-003 to amend Beach and Edinger Corridors Specific Plan (BECSP) as
directed by the City Council on March 26, 2015.
Jerry Wheeler, Chamber of Commerce President/CEO, spoke in support of adopting Resolution No.
2015-20 approving Zoning Text Amendment (ZTA) No. 15-003 to amend Beach and Edinger Corridors
Specific Plan (BECSP) as directed by the City Council on March 26, 2015, but voiced concerns about
decreasing the MAND and creating a lack of trust in the development community.
Bill Dunlap spoke in support of adopting Resolution No. 2015-20 approving Zoning Text Amendment
(ZTA) No. 15-003 to amend Beach and Edinger Corridors Specific Plan (BECSP) as directed by the
City Council on March 26, 2015, voiced concerns about requiring a conditional use permit for assembly
uses on the ground floor, suggesting that such a request be considered through staff review.
Todd Otte, Mariner's Church, spoke in support of adopting Resolution No. 2015-20 approving Zoning
Text Amendment (ZTA) No. 15-003 to amend Beach and Edinger Corridors Specific Plan (BECSP) as
directed by the City Council on March 26, 2015, but voiced concerns about ground floor assembly uses
being required to apply for a conditional use permit.
Bob Tyler spoke in support of adopting Resolution No. 2015-20 approving Zoning Text Amendment
(ZTA) No. 15-003 to amend Beach and Edinger Corridors Specific Plan (BECSP) as directed by the
City Council on March 26, 2015, but voiced concerns about ground floor assembly uses being required
to apply for a conditional use permit.
Carrie Martin spoke in support of adopting Resolution No. 2015-20 approving Zoning Text Amendment
(ZTA) No. 15-003 to amend Beach and Edinger Corridors Specific Plan (BECSP) as directed by the
City Council on March 26, 2015.
Michael Waiters spoke in support of adopting Resolution No. 2015-20 approving Zoning Text
Amendment (ZTA) No. 15-003 to amend Beach and Edinger Corridors Specific Plan (BECSP) as
directed by the City Council on March 26, 2015.
Jeff LeBow spoke in support of adopting Resolution No. 2015-20 approving Zoning Text Amendment
(ZTA) No. 15-003 to amend Beach and Edinger Corridors Specific Plan (BECSP) as directed by the
City Council on March 26, 2015, but voiced concerns about residential parking in the Pammy Lane
neighborhood.
Dianne Thompson, Chair, Chamber of Commerce Legislative Action Team, spoke in support of
adopting Resolution No. 2015-20 approving Zoning Text Amendment (ZTA) No. 15-003 to amend
Beach and Edinger Corridors Specific Plan (BECSP) as directed by the City Council on March 26,
City Council/PFA Regular Minutes
May 4, 2015
Page 14 of 23
2015, but voiced concerns about decreasing the MAND and creating a lack of trust in the development
community.
Steve Dodge spoke in support of adopting Resolution No. 2015-20 approving Zoning Text Amendment
(ZTA) No. 15-003 to amend Beach and Edinger Corridors Specific Plan (BECSP) as directed by the
City Council on March 26, 2015, but voiced concerns about associated costs for a coastal zone parking
requirement, suggesting that the City consult with an expert before making such a decision.
William Halligan spoke in support of adopting Resolution No. 2015-20 approving Zoning Text
Amendment (ZTA) No. 15-003 to amend Beach and Edinger Corridors Specific Plan (BECSP) as
directed by the City Council on March 26, 2015, but does not support reducing the MAND to 2,100.
Michael Grant spoke in support of adopting Resolution No. 2015-20 approving Zoning Text Amendment
(ZTA) No. 15-003 to amend Beach and Edinger Corridors Specific Plan (BECSP) as directed by the
City Council on March 26, 2015, but voiced concerns about decreasing the MAND.
Eileen Jewett with the Urban Art Lofts project, spoke in acceptance of modifications to parking included
in Resolution No. 2015-20 approving Zoning Text Amendment (ZTA) No. 15-003 to amend Beach and
Edinger Corridors Specific Plan (BECSP) as directed by the City Council on March 26, 2015.
Andrea Raynal, representing the owner of the Urban Art Lofts project, voiced concerns about not being
advised of communications submitted by McKenna Volkswagen that may have influenced decisions
relative to street parking.
Joseph Mastropaolo spoke in support of adopting Resolution No. 2015-20 approving Zoning Text
Amendment (ZTA) No. 15-003 to amend Beach and Edinger Corridors Specific Plan (BECSP) as
directed by the City Council on March 26, 2015, but voiced strong concerns against high density "slum"
housing.
Gina Clayton-Tarvin spoke in support of adopting Resolution No. 2015-20 approving Zoning Text
Amendment (ZTA) No. 15-003 to amend Beach and Edinger Corridors Specific Plan (BECSP) as
directed by the City Council on March 26, 2015, but voiced strong concerns about high density in
Huntington Beach.
John Briscoe recognized friend Rosh Nash and the sign he held "No HD in HB," and spoke in support
of adopting Resolution No. 2015-20 approving Zoning Text Amendment (ZTA) No. 15-003 to amend
Beach and Edinger Corridors Specific Plan (BECSP) as directed by the City Council on March 26,
2015, but voiced strong concerns about revolving parking spaces.
Jon Stevenson spoke in support of adopting Resolution No. 2015-20 approving Zoning Text
Amendment (ZTA) No. 15-003 to amend Beach and Edinger Corridors Specific Plan (BECSP) as
directed by the City Council on March 26, 2015, but voiced concerns about ground floor assembly uses
being required to apply for a conditional use permit.
Juan Armas spoke in support of adopting Resolution No. 2015-20 approving Zoning Text Amendment
(ZTA) No. 15-003 to amend Beach and Edinger Corridors Specific Plan (BECSP) as directed by the
City Council on March 26, 2015, but voiced concerns about residential parking in the Pammy Lane
neighborhood.
City Council/PFA Regular Minutes
May 4, 2015
Page 15 of 23
Don Gibas spoke in support of adopting Resolution No. 2015-20 approving Zoning Text Amendment
(ZTA) No. 15-003 to amend Beach and Edinger Corridors Specific Plan (BECSP) as directed by the
City Council on March 26, 2015.
Danny McKenna, McKenna Volkswagen, voiced strong concerns about the lack of parking created by
high density development, specifically near his business on Beach Blvd.
Brett Feuerstein, Living Spaces Shopping Center, spoke in support of adopting Resolution No. 2015-20
approving Zoning Text Amendment (ZTA) No. 15-003 to amend Beach and Edinger Corridors Specific
Plan (BECSP) as directed by the City Council on March 26, 2015, and specifically discussed setbacks
and reducing street frontage coverage for single -story commercial.
Kira Teshima, Attorney with Sheppard Mullin representing the Auto Club, owner of 16160 Beach Blvd.,
voiced concerns about a proposed residential project at 16052 Beach Blvd. not receiving the Auto
Club's approval (subject to CCR requirements).
Bryan Starr, Orange County Business Council, spoke in opposition to adopting Resolution No. 2015-20
approving Zoning Text Amendment (ZTA) No. 15-003 to amend Beach and Edinger Corridors Specific
Plan (BECSP) as directed by the City Council on March 26, 2015.
Linda Urette spoke in support of adopting Resolution No. 2015-20 approving Zoning Text Amendment
(ZTA) No. 15-003 to amend Beach and Edinger Corridors Specific Plan (BECSP) as directed by the
City Council on March 26, 2015,
Amy Freilich, representing McKenna Volkswagen, voiced concerns about compatibility of uses
and grandfathering a residential project that would occupy property adjacent to McKenna Volkswagen.
She requested that Council reduce the MAND to 1,900.
Rita Barry spoke in support of adopting Resolution No. 2015-20 approving Zoning Text Amendment
(ZTA) No. 15-003 to amend Beach and Edinger Corridors Specific Plan (BECSP) as directed by the
City Council on March 26, 2015, and reducing the MAND to 2,100 units.
Ellen Kleizo spoke in support of adopting Resolution No. 2015-20 approving Zoning Text Amendment
(ZTA) No. 15-003 to amend Beach and Edinger Corridors Specific Plan (BECSP) as directed by the
City Council on March 26, 2015.
Howard Raleigh, Veteran's First, spoke in support of adopting Resolution No. 2015-20 approving
Zoning Text Amendment (ZTA) No. 15-003 to amend Beach and Edinger Corridors Specific Plan
(BECSP) as directed by the City Council on March 26, 2015,
Cesar Covarrubias, The Kennedy Commission, voiced concerns about limiting growth and opportunities
for affordable housing for working families within the City. The proposed MAND limitations will not
provide future opportunities for appropriate affordable housing, and asked that the AMCAL proposal be
included in Resolution No. 2015-20 approving Zoning Text Amendment (ZTA) No. 15-003 to amend
Beach and Edinger Corridors Specific Plan (BECSP).
Brandt Stebbins encouraged Councilmembers to reduce housing density and instead create parks and
open play areas for the City's children as his experience shows that increased population density brings
on more problems and a less safe living environment.
City Council/PFA Regular Minutes
May 4, 2015
Page 16 of 23
Peter Blied, North County Consulting, reiterated the recommendation already made to the Planning
Commission to reduce the set -back requirements to 15 feet for smaller single -story commercial
buildings on primary streets and reduce to 10 feet for secondary streets for Resolution No. 2015-20
approving Zoning Text Amendment (ZTA) No. 15-003 to amend Beach and Edinger Corridors Specific
Plan (BECSP).
Bruce Wareh spoke to the issue that a per -acre density cap of 25 units/acre is still missing in
Resolution No. 2015-20 approving Zoning Text Amendment (ZTA) No. 15-003 to amend Beach and
Edinger Corridors Specific Plan (BECSP).
There being no other speakers, Mayor Hardy closed the Public Hearing and acknowledged Chief
Assistant City Attorney Mike Vigliotta's request to comment.
Attorney Vigliotta reminded Councilmembers that no specific project is on the Agenda and
recommended that any details on any specific project be very limited if discussed at all.
Mayor Hardy asked Planning and Building staff to explain any consequences to limiting the density, or
units per acre, at this time. Attorney Vigliotta responded that density is not an issue on the Agenda and
therefore cannot be addressed at this meeting.
Mayor Hardy summarized the issues and recommended the Council take straw votes on the following
items:
1. Planning Commission recommends parking for studios and 1 bedrooms be reduced from 2
spaces to 1 1/2 (tandem parking is allowed in Coastal projects, but not in the BECSP)
2. Planning Commission recommends requiring/implementing a parking management plan
3. Single story setback of 15 feet on a primary street and 10 feet on a secondary street
4. Frontage coverage for single story commercial building
5. If CUP for first -floor assembly use is required, should it go to the Zoning Administrator or
Planning Commission?
6. MAND discussion and whether it would include any projects that have already been approved --
would they have to meet the new rules or meet the original requirements of the BECSP
Councilmember Sullivan shared his appreciation for citizen input for Council direction, and he would
personally like to see MAND reduced to 1,900 and will be supporting the Resolution as presented by
the City Council.
Councilmember Peterson discussed parking and setbacks, and supports a MAND of 2,100 but not 1
1/2 car parking spaces.
Councilmember Posey supports the Planning Commission recommendations except the MAND of
2,100 which is too low. He supports a MAND of 3,100 which is 1,400 fewer units than already
approved by the BECSP.
Mayor Pro Tern Katapodis stated he supports the comments made by Councilman Peterson, and he
intends to support the desires of the citizens of Huntington Beach.
Councilmember Delgleize thanked the citizens for sharing their concerns and ideas, and supports the
MAND at 3,100 (to encourage retail/business growth) along with the other changes presented.
City Council/PFA Regular Minutes
May 4, 2015
Page 17 of 23
Mayor Hardy discussed that she voted against the original BECSP when there was minimal public
response and she shared her appreciation for the citizens currently voicing their ideas and concerns.
She supports following the coastal parking plan which allows tandem parking and would like to allow
that in a parking management plan. She also supports the MAND of 2,100, and regarding
assembly/cultural use, the CUP process is currently through the Planning Commission and in her
opinion the process should stay that way.
Councilmember Peterson and Director Hess discussed that parking for assembly uses in other zones
does require a Conditional Use Permit which starts with a traffic engineer analysis/study and is subject
to a public hearing. Director Hess confirmed that currently in the BECSP assembly uses are not
permitted on the first floor, but only permitted by right on the second floor or above.
Mayor Hardy asked for straw votes for:
1) Coastal Zone Parking - 2 spaces for studios and one -bedrooms
The motion carried by the following vote:
AYES: Katapodis, Hardy, Sullivan, Delgleize, and Peterson
NOES: Posey
RECUSED O'Connell
2) Parking Management Plan includes option for Tandem Parking
The motion carried by the following vote:
AYES: Posey, Katapodis, Hardy, Delgleize, and Peterson
NOES: Sullivan
RECUSED O'Connell
3) Allow commercial buildings with single story setbacks on primary streets of 10 feet, and secondary
streets with 15 foot setbacks.
The motion carried by the following vote:
AYES: Posey, Katapodis, Hardy, Sullivan, Delgleize, and Peterson
NOES: None
RECUSED O'Connell
4) Civic and cultural assembly uses require a Conditional Use Permit (CUP) to the Planning
Commission.
The motion failed by the following vote:
AYES: Katapodis, and Delgleize
NOES: Posey, Hardy, Sullivan, and Peterson
RECUSED O'Connell
City Council/PFA Regular Minutes
May 4, 2015
Page 18 of 23
5) Civic and cultural assembly uses require a Conditional Use Permit (CUP) to the Zoning
Administrator.
The motion carried by the following vote:
AYES:
NOES:
RECUSED
6) MAN at 3,100.
Posey, Katapodis, Hardy, Sullivan, Delgleize, and Peterson
None
O'Connell
The motion failed by the following vote:
AYES: Posey, and Delgleize
NOES: Katapodis, Hardy, Sullivan, and Peterson
RECUSED O'Connell
7) MAN at 2,100.
The motion failed by the following vote
AYES: Katapodis, Hardy, and Peterson
NOES: Posey, Sullivan, and Delgleize
RECUSED O'Connell
8) MAND at 1,900.
The motion failed by the following vote:
AYES: Hardy, Sullivan, and Peterson
NOES: Posey, Katapodis, and Delgleize
RECUSED O'Connell
9) MAN at 2,100.
The motion carried by the following vote:
AYES: Katapodis, Hardy, Sullivan, and Peterson
NOES: Posey, and Delgleize
RECUSED O'Connell
A motion was made by Peterson, second Katapodis to Approve Zoning Text Amendment No. 15-003
with modifications based upon findings, and adopt Resolution No. 2015-20, "A Resolution of the City
Council of the City of Huntington Beach Approving an Amendment to the Beach and Edinger Corridors
Specific Plan (SP14) (Zoning Text Amendment No. 15-003)".
The motion as amended to include carried straw vote motions carried by the following vote:
AYES: Katapodis, Hardy, Sullivan, and Peterson
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May 4, 2015
Page 19 of 23
NOES: Posey, and Delgleize
RECUSED O'Connell
A motion was made by Katapodis, second Sullivan to continue meeting after 11:00 PM.
The motion carried by the following vote:
AYES: Posey, O'Connell, Katapodis, Hardy, Sullivan, Delgleize, and Peterson
NOES: None
11. Approved for introduction Ordinance No. 4058 approving Zoning Text Amendment (ZTA)
No. 15-004 amending Chapter 204 of the Huntington Beach Zoning and Subdivision
Ordinance (HBZSO) to add a Prohibited Uses section and to expressly prohibit medical
marijuana dispensaries within the City
City Attorney Gates reported on history related to medical marijuana dispensaries being prohibited
since 2007 due to the City's concerns for health, safety, and welfare of residents and businesses.
Recent legal challenges have been based on the assumption that current Huntington Beach Zoning
and Subdivision Ordinance (HBZSO) currently allows medical marijuana dispensaries as a permitted
use in the City. In March 2015 the Council directed City staff to prepare an ordinance amending the
zoning code by adding express language to make the prohibition of medical marijuana dispensaries
more clear to the public as a non -permitted land use.
Mayor Hardy opened the public hearing.
City Clerk Joan Flynn announced a supplemental communication submitted by her office dated May 1,
2015, notating a number change in the Ordinance entitled "An Ordinance of the City of Huntington
Beach Adding Section 204.18 to Chapter 204 of the Zoning and Subdivision Ordinance Titled Use
Classifications (Zoning Text Amendment No. 15-004) "from #4053 to #4058.
Brandt Stebbins discussed the physical and emotional disabilities that he is challenged by and
requested that Council deny Ordinance No. 4058.
There being no additional speakers, Mayor Hardy closed the public hearing.
A motion was made by Katapodis, second O'Connell to approve Zoning Text Amendment No. 15-004
with findings for approval; and, after the City Clerk reads by title, approve for introduction Ordinance
No. 40538, "An Ordinance of the City of Huntington Beach Adding Section 204.18 to Chapter 204 of the
Zoning and Subdivision Ordinance Titled Use Classifications (Zoning Text Amendment No. 15-004)".
The motion as amended to reflect the correct Ordinance Number carried by the following vote:
AYES: Posey, O'Connell, Katapodis, and Sullivan
NOES: Hardy, Delgleize, and Peterson
ORDINANCES FOR ADOPTION
City Council/PFA Regular Minutes
May 4, 2015
Page 20 of 23
12. Adopted Urgency Measure Interim Ordinance No. 4059 amending Chapter 204 of the
Huntington Beach Zoning and Subdivision Ordinance (HBZSO) expressly prohibiting
medical marijuana dispensaries within the City.
A motion was made by Katapodis, second O'Connell to after the City Clerk reads by title, approve
urgency measure to adopt Interim Ordinance No. 4059, "Urgency Measure Adopting an Interim
Ordinance of the City of Huntington Beach Adding Section 204.18 to Chapter 204 of the Zoning and
Subdivision Ordinance Titled Use Classifications" updating the City's Zoning Code to make express the
City's current prohibition of medical marijuana dispensaries within the City.
The motion as amended to reflect the correct Ordinance Number carried by the following vote:
AYES: Posey, O'Connell, Katapodis, Hardy, Sullivan, Delgleize, and Peterson
NOES: None
ORDINANCES FOR INTRODUCTION
13. Approved for Introduction Ordinance No. 4057, creating the Citizens' Infrastructure
Advisory Board (CIAB); Ordinance No. 4056, creating the Finance Commission; and,
Ordinance No. 4055, changing the duties of the Public Works Commission.
A motion was made by Peterson, second O'Connell to after the City Clerk reads by title, approve for
introduction Ordinance No. 4057, "An Ordinance of the City of Huntington Beach Amending the
Huntington Beach Municipal Code by Adding New Chapter 2.103 Entitled 'Citizens' Infrastructure
Advisory Board';" and, approve for introduction Ordinance No 4056, "An Ordinance of the City of
Huntington Beach Amending the Huntington Beach Municipal Code by Adding New Chapter 2.109
Entitled 'Finance Commission';" and, approve for introduction Ordinance No. 4055, "An Ordinance of
the City of Huntington Beach Amending Section 2.11.030 of the Huntington Beach Municipal Code
Regarding Duties of the Public Works Commission."
The motion carried by the following vote:
AYES: Posey, O'Connell, Katapodis, Hardy, Sullivan, Delgleize, and Peterson
NOES: None
COUNCILMEMBER ITEMS
14. No motion on item submitted by Councilmember O'Connell - Direct the City Manager to
agendize a Study Session to consider establishing a "Buy America" Procurement Policy
Regarding Councilmember O'Connell Item to direct the City Manager to agendize a Study Session to
consider establishing a "Buy America" Procurement Policy, discussion started with Councilmember
O'Connell explaining this is a working draft and he welcomes Councilmember support to provide a plan
that works for everyone. Councilmember O'Connell would like to see a change in the current system
that sends many U. S. jobs overseas and believes that local policies should support local citizens.
Councilmember Delgleize reiterated comments made earlier in the evening by the public such as in
reality it is hard to know where all the components for products come from even when they are
assembled in the U. S. Also, she shared her concern that the plan includes flexibility so that if U. S.
City Council/PFA Regular Minutes
May 4, 2015
Page 21 of 23
made product becomes unavailable for some reason it does not bring business to a complete halt.
Councilmember Peterson stated he likes the idea of "assembled in America" and suggested that when
looking at bids priority be given to local businesses, i.e., Huntington Beach first, then Orange County
second, and California third, etc. He stated we do need to have a plan that gives our local contractors
and businesses an advantage while also remaining within the rules for public contracts.
Councilmember Posey stated that the recommended action to agendize a Study Session is probably
agreeable to every councilmember. He further added that he would change the plan from a "Buy
America mandate" to a "Buy America endeavor," stating the reality is that we are part of a global
economy and it will be very difficult to mandate only made in America or assembled in America
products and services. The other reality is that when spending local taxpayer dollars the goal should be
to get the best product/service at the best price possible. How much of a premium price is acceptable
for a product or service made or assembled in America? Maybe the program could be called "Buy
Local" as that should be the starting point when procuring products and services.
Mayor Pro Tern Katapodis agreed that supporting local businesses when possible is a concept he
supports.
Councilmember Sullivan completely agrees with the concept and would hope to see a measuring
component included to track progress.
Mayor Hardy shared her concern about always finding "made/assembled in America" products, stating
that ideals and reality don't always match. As far as quantifying and using the reality of the "going
green" effort, there was no quantifying about being more environmentally friendly, or increasing green
initiatives. But the reality is that the effort has been good for our economics. The effort at the Study
Session level should be talking about goals and benefits, both "feel good" and "economic" of
purchasing locally.
City Manager Wilson suggested a study session within the timeline presented by Councilmember
O'Connell, and also asked that staff be allowed the time necessary to explore the feasibility
of implementing a "Buy America" policy. This could include a survey of local vendors to determine
which ones buy and/or assemble in America - then proceeding to develop a plan based on some
facts.
Councilmember O'Connell shared his appreciation for all of the comments and thoughts shared. He
expressed his opinion that in addition to the "costs" already discussed in implementing such a program,
the cost of unemployment, welfare, food stamps and jobs going overseas all need to also be
considered. The best form of welfare is a good paying job. Even though we are living in a global
economy, this Council was elected by local citizens to advocate for them and to protect them. This is a
process that will take some time, and by working together the community as a whole will benefit.
Mayor Hardy summarized, and confirmed with City Clerk Flynn and City Manager Wilson, that no
Council action is required for staff to proceed to prepare for a Study Session to occur no later than
August 17, 2015, following the recommendations presented.
City Council/PFA Regular Minutes
May 4, 2015
Page 22 of 23
COUNCILMEMBER COMMENTS (Not Agendized)
Councilmember Peterson shared his appreciation for recent public involvement and interaction on the
issues being addressed.
Councilmember O'Connell shared that he also greatly appreciates having community involvement. He
reported having attended the California Department of Associations reception, Community Action
Partner of Orange County's Celebration of 50 Years, Relay for Life event, the Assistance League
and Council on Aging meetings.
Councilmember Sullivan reported attending the Relay for Life event, a tremendous tour of the Naval
Weapons Station/harbor, Taste of Huntington Beach and Therapeutic Riding events, as well as
the 20th Anniversary celebration of the Art Center.
Councilmember Delgleize participated in an inside and outside home water use survey which is very
educational and she would recommend for everyone. There is no cost and it is offered by the Municipal
Water District of Orange County (MWDOC).
Councilmember Posey reported attending his first meeting of the Association of California Cities,
Orange County, as co-chair of the Jobs and Economic Development Committee. He expects this
position may assist in helping to locate businesses in Orange County to support the "Buy America"
efforts as presented by Councilmember O'Connell.
Mayor Pro Tern Katapodis shared that in addition to attending many of the functions already noted, he
just returned from Sacramento where he attended the Peace Officers' Memorial to respect the 13
California police officers killed in the line of duty this past year. The Huntington Beach Police
Department representatives at the Sacramento Memorial outshined all other units. Our police officers
put their lives on the line every day to protect us. Remember to take a moment the next time you have
the opportunity to thank our officers in person for their service.
Mayor Hardy reported attending the National Crime Victims vigil hosted in Huntington Beach by Chief
Handy and thanked him and the participating officers for providing this opportunity to remember the
victims of crime. Mayor Hardy thanked Councilmembers who attended Youth in Government Day, as
well as acknowledging Chris Cole and the Youth Board for the work they do for this successful event.
Mayor Hardy attended the kick-off for the Day of Community Service; Relay for Life event; attended
with City Manager Wilson a meeting at the Orange County Fair Grounds for an update on the plans for
celebrating the 125th year anniversary; made a presentation to Moffett School third graders on City
government; spoke at the Huntington Beach High School College Commitment day ceremony; attended
the Oakview Renewal Partnership Grand Opening at Goldenwest College, and attended the Assistance
League fundraiser, and sent out a happy 100th Birthday on May 11 th to the grandmother of Mayor
Hardy's husband.
ADJOURNMENT — at 12.16 a.m. on Tuesday, May 5, 2015, to the next regularly scheduled meeting
of the Huntington Beach City Council/Public Financing Authority on Monday, May 18, 2015, at 4 p.m. in
Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California.
City Council/PFA Regular Minutes
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May 4, 2015
Page 23 of 23
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