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HomeMy WebLinkAbout2017-03-06Minutes City Council/Public Financing Authority City of Huntington Beach Monday, March 6, 2017 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 portion of this meeting is on file in the Office of the City Clerk, and archived at www.surfcitv-hb.orci/government/aciendas! 4:30 PM - COUNCIL CHAMBERS Based on the limited amount of time needed to cover items in Study Session and Closed Session, the meeting was called to order at 4:30 PM. CALLED TO ORDER -- 4:30 PM ROLL CALL Present: O'Connell, Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson Absent: None ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced supplemental communications that were received by her office following distribution of the Council Agenda packet: For Study Session Item No. 1, one (1) communication: a PowerPoint communication received from Police Chief Robert Handy, entitled Updating City Municipal Codes, to be presented by Captain Kelly Rodriguez of the H. B. Police Department, and a draft of the ordinances for discussion and information purposes only for tonight. PUBLIC COMMENTS PERTAINING TO STUDY SESSION I CLOSED SESSION ITEMS (3 Minute Time Limit) — None STUDY SESSION 1. Staff presented to the City Council proposed updates to the following Huntington Beach Municipal Code (HMBC) Chapters 8.21, 12.32, 13.08, 13.10, and 13.48, in an effort to modernize and comply with various court decisions. Police Chief Handy discussed issues related to tentative Municipal Code changes and introduced Captain Kelly Rodriguez who presented a PowerPoint.communication entitled Updating City Municipal Codes, Presented by Captain Kelly Rodriguez, HBPD with slides entitled: Updating City Municipal Codes (6 slides), Proposed New Municipal Code, Updating City Municipal Codes (2 slides), Proposed New Municipal Code, Proposed Municipal Code, and Comments/Questions. Council/PFA Regular Minutes March 6, 2017 Page 2 of 12 Chief Handy explained that the purpose of this meeting is to start the discussion process on these issues, and that the suggested changes are to bring the City's code current with case law. City Attorney Gates explained more details about the proposed changes. Councilmembers Brenden, O'Connell and Peterson discussed several concerns with Chief Handy who explained that the proposed changes are to protect the civil liberties of everyone. A motion was made by O'Connell, second Posey to recess to Closed Session for Items 2 -- 3. With no objections, the motion carried. RECESS TO CLOSED SESSION — 4:48 PM Mayor Delgleize Announced: Pursuant to Government Code § 54957.6, the City Council takes this opportunity to publicly introduce and identify designated labor negotiator, City Manager Fred Wilson, who will be participating in today's Closed Session discussions regarding labor negotiations with: Huntington Beach Firefighters' Association (HBFA), Municipal Employees' Association (MEA), Huntington Beach Police Officers' Association (POA), and/or Surf City Lifeguard Employees' Association (SCLEA). CLOSED SESSION 2. Pursuant to Government Code § 64967.6, the City Council recessed into Closed Session to meet with its designated labor negotiators and Fred Wilson, City Manager regarding the following: Huntington Beach Firefighters' Association (HBFA), Municipal Employees' Association (MEA), Huntington Beach Police Officers' Association (POA), and/or Surf City Lifeguard Employees' Association (SCLEA). 3. Pursuant to Government Code § 64966.9(d)(1), the City Council recessed into Closed Session to confer with the City Attorney regarding the following lawsuit: Jaime Lopez vs. City of Huntington Beach, WCAB Case No. ADJ10195282; Claim No. COHB-13-0236. 6:00 PM — COUNCIL CHAMBERS RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING — 6:05 PM ROLL CALL Present: O'Connell, Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson Absent: None PLEDGE OF ALLEGIANCE — Led by Councilmember O'Connell INVOCATION - Rev. Kelly Frankiewicz of Leisure World Community Church, Seal Beach and member of the Greater Huntington Beach Interfaith Council 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. Council/PFA Regular Minutes March 6, 2017 Page 3 of 12 CLOSED SESSION REPORT BY CITY ATTORNEY — None AWARDS AND PRESENTATIONS Mayor Delgleize called on 90-year-old WWII Veteran Mr. Frank Puccilli who sang the Star Spangled Banner in honor of it becoming our National Anthem 86 years ago on March 3, 1931. Mayor Delgleize called on Ken Inouye who presented the Orange County Human Relations Commission (OCHRC) Annual Report in conjunction with OCHRC Board Member Minzah Malik. Mayor Delgleize proclaimed California Arbor Week March 7-14, 2017, and presented a proclamation to Jean Nagy. Mayor Delgleize called on the representatives from the Children's Needs Task Force to thank them and Barnes & Noble for their donation of 3,579 books to local schools and youth -oriented organizations from their annual book drive. ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced supplemental communications that were received by her office following distribution of the Council Agenda packet: For Consent Calendar Item No. 2, a PowerPoint communication received from Robin Estanislau, City Clerk submitting a correction to the Advisory Board title in the February 21, 2017 minutes. For Item No. 9, email communication received from Patricia Quintana. For Ordinances for Introduction, Item No. 13, a PowerPoint communication entitled Ordinance. For Councilmember Items, Item No. 14, email communication from Richardson Gray. PUBLIC COMMENTS (3 Minute Time Limit) — 29 Speakers The number[hh:mm:ss] following the speakers' comments indicates their approximate starting time in the archived video located at http://www.surfcity-hb.org/govemment/agendas. Joe Carchio was called to speak and expressed condolences for the recent passing of Gil Coerper, former Huntington Beach Mayor, Councilmember and Police Officer, and requested that this Council meeting be dedicated in Mr. Coerper's memory. (00:42:07) Dave Sullivan was called to speak and expressed his opinion that Council support for Councilmember Posey's Downtown Business Improvement District (DBID) full audit would indicate no confidence in the Finance Commission, which is composed of members appointed by the Council members. Mr. Sullivan offered solutions in support of reinstating Sunday hours for the Central Library, and expressed his support and gratitude for the Huntington Beach Police Officers and Firefighters. (00:44:06) Richard Armendariz, Residents 4 Reasonable Desalination (R4RD) member, was called to speak and expressed his opposition to the Poseidon Desalination project. (00:47:15) Henry Carey, Co -Owner, Bomburger, was called to speak and expressed his support of Council Member Items No. 14 regarding modifying conditions of approval included in Resolution No. 2013-24 Council/PFA Regular Minutes March 6, 2017 Page 4 of 12 for Downtown establishments with alcohol sales. He also expressed his opinion that the City should be taxing, rather than issuing fines, for medical marijuana dispensaries. (00:50:23) Chad Kroeger was called to speak and proposed that the City install a 12 foot steel statue of Paul Walker on the pier, that it be created by Damian Ortega, and asked how to get the project started. (00:53:34) Bodhi Johnson was called to speak and expressed his support of honoring a former Huntington Beach resident, Paul Walker, by placing his statue on the pier. (00:55:35) Kelsey Gerlach was called to speak and expressed gratitude for the City's programs to support first- time homeowners and small business owners. She also expressed concerns about the toxic chemicals used in City parks and common areas and offered alternate solutions that may even reduce costs. Mayor Delgleize asked Ms. Gerlach to complete a blue card for follow-up. (00:56:59) Maureen was called to speak and shared several personal experiences she has had with various City employees. She personally commended Code Enforcement Officer Jimmy Hoang and Assistant City Clerk Patty Esparza for responding to her requests in a timely manner, and acknowledged the hard work of City Attorney Michael Gates regarding the Kennedy Commission. She also requested that the speaker's one -minute buzzer be fixed. (00:59:34) Ethan Smith, 10 years old, was called to speak and encouraged the use of natural, non -toxic products and methods to treat the City's parks and common areas for the protection of people and pets. (01:02:10) Paul Horgan, HB Take Action member, was called to speak and expressed frustration in trying to communicate with Congressman Dana Rohrabacher. Mr. Horgan requested the assistance of the City Council in scheduling a town hall meeting with the Congressman. (01:03:40) Leslie Gilson, Gibbs Park Restoration Coordinator for the Butterfly Park, was called to speak and reported that ten trees came down at Gibbs Park in the storms this winter, including two that were one hundred years old. She asked that the City Council direct more money towards parks and landscape for winter storm cleanup. (01:06:53) Ann Anderson, Secretary of the Huntington Beach Tree Society, was called to speak and presented a short video entitled Thank You 2016 HB Tree Society Volunteers. (01:08:16) Jean Nagy, Huntington Beach Tree Society, was called to speak and shared that all trees at the farm in Golden View will be organic and will not be sprayed. For Arbor Day, she encouraged homeowners to plant a California Native Redbud, the City's official tree, on their property. Visit the Urban Forest now to see these trees in blossom. (01:11:21) Juana Mueller was called to speak and expressed appreciation for the leadership that Jean Nagy provides for the Huntington Beach Tree Society. Ms. Mueller also expressed her support of the request that Mr. Horgan made for the City Council to invite Congressman Rohrabacher to participate in a town hall meeting. (01:14:41) Marius Cucurny was called to speak and expressed appreciation for the tree on the curb at the property he purchased on Opera Lane in 1997, and asked how to stop the current plan to remove the curb trees on Opera Lane. Mayor Delgleize asked him to complete a blue card for follow-up. (01:16:29) Council/PFA Regular Minutes March 6, 2017 Page 5of12 Paul Slavik, Huntington Beach Board Riders, was called to speak and expressed his concerns about the increasing great white shark sightings along the coast. Mr. Slavik requested that the City Council create an ordinance, similar to what Manhattan Beach did, that would prohibit chumming and other activities that attract sharks. Mayor Delgleize asked him to complete a blue card for follow-up. (01:19:42) Ashley Collins, Non -Toxic Huntington Beach Board Member, was called to speak and expressed her concern about the toxic chemicals used in City parks and common areas and provided the City of Irvine as an example of a local municipality that has decided to no longer use toxic chemicals. (01:22:23) Pat Goodman was called to speak and expressed her support for Sunday hours at the Central Library and appreciation for the efforts that the City is making to address the homelessness issue. Mayor Delgleize asked her to complete a blue card for follow-up by the Homeless Liaison. (01:24:31) Katja Flores was called to speak and expressed her concerns about the use of toxic herbicides and pesticides in the City which in her opinion negatively impact the lives of people, pets and pollinators. She encouraged the City to use eco-friendly products in parks and common areas. (01:27:39) Arthur Hausen was called to speak and expressed his frustration in trying to get a sidewalk on Graham Street where his handicapped son must navigate. Mayor Pro-Tem Posey suggested that he complete a blue card for follow-up. (01:29:55) Dave Shenkman, The Kite Connection, was called to speak and invited everyone to view, or take some lessons, at the Kite Party on the north side of the Pier on Saturday and Sunday, March 11 and 12, where international experienced kite fliers will exhibit their skills. (01:33:34) Wes Parker was called to speak and expressed his opinions on residents vs. illegal aliens, especially as related to police services. (01:35:40) Raymond Herrera was called to speak and expressed his opinions on illegal aliens in America. (01:38:17) Dan Kalmick, Huntington Beach Planning Commiss)oner, was called to speak and suggested that when discussing Councilmember Items No. 14, the Council look at the City of Newport Beach Operator's Permit which allows uncoupling of land use from alcohol sales. (01:41:34) Stephen Knight, Orange County Sober Living Coalition, was called to speak and shared that he has resources to assist with the neighborhood issues that can be created by treatment houses. (01:45:03) Ralph Bauer was called to speak and read a letter addressed to the Council on the topic of homelessness in Huntington Beach, asking them to participate in addressing the issue in meaningful ways. He is still awaiting a response to his recent request for a meeting on the topic. (01:48:55) Victor Valladares, Oak View ComUNIDAD, was called to speak and expressed his appreciation for Chief Handy and the excellent job that H. B. Police Officers are doing in protecting the City's residents. Mr. Valladares also expressed his support of the request that Mr. Horgan made for the City Council to invite Congressman Rohrabacher to participate in a town hall meeting. (01:51:42) Brenda Calvillo was called to speak and expressed her support of previously stated concerns about the use of toxic herbicides and pesticides in the City which in her opinion negatively impact the lives of people, pets and pollinators. Ms. Calvillo also expressed concern about fishing from the pier and Council/PFA Regular Minutes March 6, 2017 Page 6 of 12 allowing sharks to be caught, and her support of the request that Mr. Horgan made for the City Council to invite Congressman Rohrabacher to participate in a town hall meeting. (01:54:46) Richard Plummer was called to speak and expressed his opposition to Council Member Items No. 14 regarding modifying conditions of approval included in Resolution No. 2013-24 for Downtown establishments with alcohol sales. (01:56:51) COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS, AB 1234 REPORTING, AND OPENNESS IN NEGOTIATIONS DISCLOSURES Councilmember Brenden reported meeting with the Surf City Lifeguard Employee Association (SCLEA) representatives regarding the part-time lifeguards. Mayor Pro Tern Posey reported attending the Orange County Vector Control New Trustee Orientation meeting. Councilmember Peterson reported attending the Southern California Association of Government (SCAG), Community and Economic Human Development Committee meeting which discussed the 2020 Regional Transportation Plan and Sustainable Communities Strategies (RTPSCS). Councilmember Peterson encouraged people to go to the SCAG website to read and comment on the 2020 Plan. Councilmember O'Connell reported attending a special meeting of the Orange County Housing Authority Commission. Councilmember Semeta reported attending a Homeless Orange County Task Force meeting where Supervisor Bartlett made a presentation. Mayor Delgleize reported attending an Orange County Transit Authority (OCTA) meeting and Association of California Cities - Orange County(ACC-OC) Homeless Task Force meetings. CITY MANAGER'S REPORT 1. City Clerk presented information on this year's July 4, 2017, Safe and Sane Fireworks Stand Application and Lottery Process City Manager Wilson introduced City Clerk Robin Estanislau who shared a PowerPoint presentation entitled Safe and Sane Fireworks Stand Application and Lottery Process 2017 with slides entitled: 2017 Fireworks Stand Application/Lottery Process (6 slides), and Questions. CONSENT CALENDAR Councilmember Brenden pulled Consent Calendar Item Nos. 3, 4 and 11 for further discussion. 2. Approved and adopted minutes A motion was made by Posey, second O'Connell to review and adopt the City Council/Public Financing Authority regular meeting minutes dated February 21, 2017, as written and on file in the office of the City Clerk, as amended by supplemental communication. The motion carried by the following vote: Council/PFA Regular Minutes March 6, 2017 Page 7 of 12 AYES: O'Connell, Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson NOES: None 3. Appropriated $54,113.18 from the Federal Asset Forfeiture account for the purchase of 20 complete AR-15 Patrol Rifles to include sight optics, back-up sights, flashlights, magazines, carry slings, and nylon bags for the sworn officers of the Huntington Beach Police Department Councilmember Brenden pulled this item for further discussion with Police Chief Handy regarding details of how funds are acquired for the Federal Asset Forfeiture account. A motion was made by Brenden, second O'Connell to appropriate $54,113.18 from Federal Asset Forfeiture account 21270101.63100 for the purchase of 20 AR-15 Patrol Rifles, optics, flashlights, magazines, carry slings, and nylon bags; and, authorize the Chief of Police to use these funds to purchase the 20 complete AR-15 Patrol Rifles. The motion carried by the following vote: AYES: O'Connell, Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson NOES: None 4. Approved and accepted a donation in the amount of $117,248 from the Friends of the Huntington Beach Public Library (FOTL) for the purchase of books, eBooks and other library resources Councilmember Brenden pulled this item to thank the Friends of the Library (FOTL) for the amazing work they do to support the City's libraries. Director of Library Services Stephanie Beverage reported that over the last five years the FOTL have contributed $1.1 million dollars. A motion was made by Brenden, second Posey to approve and accept the donation from the Friends of the Huntington Beach Public Library, allocating $117,248.00 to Adult Donations account 10350102.64455. The motion carried by the following vote: AYES: O'Connell, Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson NOES: None 5. Approved City Council position on Legislation pending before the State Legislature as recommended by the City Council Intergovernmental Relations Committee (IRC) A motion was made by Posey, second O'Connell to approve a City position of oppose on AB 250 (Gonzalez Fletcher) State Coastal Conservancy: Lower Cost Coastal Accommodations Program; and, approve a City position of support on SB 720 (Allen) Government Tort Liability: Beach Fire Pits. The motion carried by the following vote: AYES: O'Connell, Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson NOES: None Council/PFA Regular Minutes March 6, 2017 Page 8 of 12 6. Adopted Resolution No. 2017-01, designating the Chief Financial Officer, City Treasurer, Finance Manager/Deputy City Treasurer, and Finance Manager/Accounting Services as persons authorized to execute financial transactions in the name of the City of Huntington Beach A motion was made by Posey, second O'Connell to adopt Resolution No. 2017-01, "A Resolution of the City Council of the City of Huntington Beach Authorizing the Manual and/or Facsimile Signatures of the Chief Financial Officer, the City Treasurer, the Finance Manager/Deputy City Treasurer, and the Finance Manager/Accounting Services" as persons authorized to execute financial transactions in the name of the City of Huntington Beach. The motion carried by the following vote: AYES: O'Connell, Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson NOES: None 7. Adopted Resolution No. 2017-08 declaring Weeds and Rubbish a Nuisance on Specific Properties and fixing May 1, 2017, at 6:00 p.m. for Hearing Protests and Objections to the Abatement thereof A motion was made by Posey, second O'Connell to adopt Resolution No. 2017-08, "A Resolution of the City Council of the City of Huntington Beach Finding and Declaring that Certain Weeds Growing in the City, and Rubbish and Refuse Deposited on Public Ways and Private Property are a Public Nuisance; and Fixing the Time for Hearing Protests and Objections to the Abatement Thereof." The motion carried by the following vote: AYES: O'Connell, Semeta, Posey, Delglelze, Hardy, Brenden, and Peterson NOES: None 8. Adopted Resolution No. 2017-10 adopting the Measure M2 Expenditure Report to comply with Renewed Measure M2 funding eligibility for the City of Huntington Beach A motion was made by Posey, second O'Connell to adopt Resolution No. 2017-10, "A Resolution of the City Council of the City of Huntington Beach Adopting the Measure M2 Expenditure Report for the City of Huntington Beach." The motion carried by the following vote: AYES: O'Connell, Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson NOES: None 9. Approved and authorized execution of Amendment No. 2 to the Professional Services Contract with Townsend Public Affairs extending the term for one-year and adding additional compensation in the amount of $48,000 for a total contract amount not to exceed $192,000 for State Lobbyist Services; and, approved and authorized the execution of a one-year Professional Services Contract with Townsend- Public Affairs in the amount of $24,000 for Federal Lobbyist Services A motion was made by Posey, second O'Connell to approve and authorize the Mayor and City Cleric to execute "Amendment No. 2 to Professional Services Contract Between the City of Huntington Beach Council/PFA Regular Minutes March 6, 2017 Page 9 of 12 and Townsend Public Affairs for State Lobbyist Services" in an amount not to exceed $48,000 for one year; and, approve and authorize the Mayor and City Clerk to execute "Professional Services Contract between the City of Huntington Beach and Townsend Public Affairs for Federal Lobbyist Services" in an amount not to exceed $24,000 for one year. The motion carried by the following vote: AYES: O'Connell, Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson NOES: None 10. Approved and authorized execution of a three-year contract in the amount of $316,000 with Carl Warren & Co. to provide liability claims processing services A motion was made by Posey, second O'Connell to approve and authorize the Mayor and City Clerk to execute a "Professional Services Contract Between the City of Huntington Beach and Carl Warren & Co. for Liability Claims Investigating and Processing," for an initial one (1) year period with the option to renew for two (2) additional one (1) year terms for a total of three (3) years. The motion carried by the following vote: AYES: O'Connell, Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson NOES: None 11. Awarded and authorized execution of a three-year contract in an amount not to exceed $6.21 million dollars with Siemens Industry Inc., for the acceptance, energy efficiency retrofit, and maintenance of streetlights to be acquired from Southern California Edison (SCE); and, authorized transfer of funds Councilmember Brenden pulled this item to discuss with Director of Public Works Travis Hopkins the expected savings and time frame for completion of this project. Councilmember Posey and Assistant to the City Manager Antonia Graham discussed expected income from some of the new street light poles, specific details on income potential to be presented at a future Study Session, and reviewed the history of this cutting -edge opportunity. Councilmember Peterson and Transportation Manager Bob Stachelski discussed that the general physical condition of the poles has been evaluated, and there is consideration for the color/warmth of bulbs being used in residential vs. commercial locations. Councilmember O'Connell and Transportation Manager Bob Stachelski discussed purchase, installation, retrofit and long-term maintenance costs. Mayor Delgleize thanked staff for their dedicated effort to keep this exciting project moving forward. A motion was made by Brenden, second O'Connell to award a contract to Siemens Industry Inc. for the professional and maintenance services of streetlights not to exceed $6.21 million and authorize the Mayor and City Clerk to execute the' agreement; and, authorized the transfer of funds from'the Energy Efficiency fund (807) in the amount of $208,000 to General Fund account 10085304.64620. The motion carried by the following vote: Council/PFA Regular Minutes March 6, 2017 Page 10 of 12 AYES: O'Connell, Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson NOES: None ADMINISTRATIVE ITEMS 12. Presentation made by the Municipal Water District of Orange County (MWDOC); held discussion as recommended by the Intergovernmental Relations Committee (IRC), and directed staff to prepare a letter of support for Mayor's signature relating to the Metropolitan Water District of Southern California (MET) California WaterFix and California Eco Restore Project City Manager Wilson introduced Robert: Hunter, General Manager of Metropolitan Water District of Orange County (MWDOC) who gave a PowerPoint presentation entitled The Califomia WaterFix, A State of the Art, Real Solution to Modernize, Repair and Protect California's Aging Water Delivery System from the North with slides entitled: Southern California and Its Water, State Water Project, Sacramento - San Joaquin Bay Delta, What's the Problem? Major Threats to the Delta, At Risk with Major Delta Failure, California WaterFix (The Plan), How Much Will It Cost? California WaterFix Opposition Issues, How Much Will It Cost?, MWDOC Calls to Action, What Can You Do?, The Bottom Line is It's Now or Never, Join the Coalition, and Questions? Councilmember O'Connell and Mr. Hunter discussed project cost details, project completion and expected pay-off in about 30 years. Councilmember Peterson and Mr. Hunter discussed that the State owns the water but the water utilities will be managing this project. Councilmember Semeta and Mr. Hunter discussed that the "system" consists of pipes, pumps and reservoirs. Councilmember Hardy and Mr. Hunter discussed the fact that there doesn't appear to be any public opposition to this project. Mayor Pro Tern Posey and Mr. Hunter discussed that this project will not affect the Sacramento Delta water flow which prevents sea water from coming too far inland. A motion was made by O'Connell, second Semeta to direct Staff to prepare a draft letter of support for the Mayor's Signature. The motion carried by the following vote: AYES: O'Connell, Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson NOES: None ORDINANCES FOR INTRODUCTION 13. Approved for introduction Ordinance No. 4130 re-establishing Fees for State Franchised Video Service Providers as part of the City's membership on the joint powers authority of the Public Cable Television Authority (PCTA) City Manager Wilson introduced this item and stated that it must be considered every ten years. Council/PFA Regular Minutes March 6, 2017 Page 11 of 12 A motion was made by Semeta, second O'Connell to, after the City Clerk reads by title, approve for introduction Ordinance No. 4130, "An Ordinance of the City of Huntington Beach Re -Establishing Fees for State Franchised Video Service Providers." The motion carried by the following vote: AYES: O'Connell, Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson NOES: None COUNCILMEMBER ITEMS 14. Submitted by Councilmembers Posey and Peterson — Modify Conditions of Approval included in Resolution for Downtown Establishments with alcohol sales Councilmember O'Connell recused himself because of a financial interest in the area and left the dais. Mayor Pro Tern Posey introduced this item by stating the intent is to level the playing field for hours of operation for Downtown businesses. Councilmember Peterson added that there is also the need for an enforcement mechanism that can acknowledge the difference between responsible vs. non -responsible business owners. Councilmember Brenden stated that one of his concerns is how the resolution may affect existing business owners, and asked that staff also consider the City of Newport Beach operator permit. Councilmember Peterson confirmed that staff will be looking at all options. Councilmember Hardy stated that she will not support this item because it does not contain enough specifics. She is also concerned about the difference between hours of operation vs. hours alcohol is served. Councilmember Semeta stated she expects that changes might result in incentivizing business owners to make upgrades. A motion was made by Peterson, second Posey to direct staff to work with the City Attorney to explore the legal issues and present options regarding modifying the Conditions of Approval included in Resolution No. 2013-24 to eliminate the hours of operation limitations for a 12:00 Midnight closure for new establishments and any additional amendments to the Conditions of Approval, including hours of operation for existing establishments and return with a new Resolution. The motion carried by the following vote: AYES: Semeta, Posey, Delgleize, Brenden, and Peterson NOES: Hardy RECUSED: O'Connell COUNCILMEMBER..COMMENTS'(Not Agendized) Mayor Pro Tem Posey reported attending the 2017 Huntington Beach Fire Department Awards and Recognition Ceremony, and stated that O.C. Mosquito and Vector Control asks everyone to remove all standing water to help reduce the mosquito population. Council/PFA Regular Minutes March 6, 2017 Page 12 of 12 Councilmember Brenden announced that the City of Huntington Beach was recently ranked in fourth place for Fiscal Responsibility out of 116 other cities across the U.S. He also reported speaking to 80 Boy Scouts at the Orange County Water District, attended a recent meeting of the Beautification, Landscaping and Tree Committee, Council on Aging Board Meeting, the 2017 Huntington Beach Fire Department Awards and Recognition Ceremony, a tour of the Police Department, the League of California Cities Orange County Division General Membership meeting for a Legislative Update provided by Senators Moorlach and Newman as well as Assemblyman Choi. Councilmember Hardy provided updates on the Huntington Beach Reads One Book event, and shared some experiences related to working with Gil Coerper, a great servant for the community who will be greatly missed. Councilmember O'Connell reported attending a Manufacturer's Networking Event, the Huntington Beach Chamber 113th Annual Gala, the ACCOC Homeless Task Force - Central OC Service Area Meeting, a Homeless Orange County Task Force meeting where Supervisor Bartlett made a presentation and a CSP meeting. Councilmember O'Connell thanked City Manager Fred Wilson, Chief Financial Officer Lori Ann Farrell and staff for their outstanding performance which resulted in the City's recent Fiscal Responsibility recognition. He also expressed his condolences to the family and friends of Gil Coerper. Councilmember Semeta reminded everyone of the March 11th Huntington Beach Marine 3/One 5K Run to benefit the 3rd Battalion. Mayor Delgleize announced that the Huntington. Beach Chamber has scheduled a State of the City meeting on March 15, 8 - 10 a.m., at the Senior Center in Central Park. ADJOURNMENT — 9:03 PM The meeting was adjourned in memory of Gil Coerper to the next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority on Monday, March 20, 2017, at 4:00 PM in the Civic Center Council Chambers, 2000 Main Street, Huntington Beach, California. City an 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: A4j�ftu q44mjmAd City Clerk -Secretary