HomeMy WebLinkAbout2017-04-17Minutes
City Council/Public Financing Authority
City of Huntington Beach
Monday, April 17, 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.ora/aovernment/aaendas/
4:00 PM - COUNCIL CHAMBERS
CALLED TO ORDER — 4:00 PM
ROLL CALL
Present: O'Connell, Semeta, Posey, Delgleize, Hardy (arrived at 4:02 pm), 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:
Study Session Item #1:
PowerPoint communication entitled Standards of Cover Study and Evaluation of Fire, Rescue, and EMS
Delivery.
PowerPoint communication entitled Huntington Beach EMS Study.
Volume 1 — Executive Summary, Volume 2 — Technical Report, and Volume 3 — Map Atlas of the
Standards of Cover Study and Evaluation of F ire, Rescue, and EMS Delivery, prepared by Cltyg ate
Associates, LLC.
PUBLIC COMMENTS PERTAINING TO STUDY SESSION l CLOSED SESSION ITEMS
(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/govemment/agendas.
Chad Stewart, President, Huntington Beach Firefighters' Association, was called to speak and voiced his
concerns about discussions to reduce staffing which may provide negligible savings, but in his opinion
would negatively impact the level of service for the protection of life and safety of the city's residents and
visitors. (00:01:38)
Council/PFA Regular Minutes
April 17, 2017
Page 2 of 16
James T. Smith, resident of Huntington Beach and City of Long Beach Firefighter, was called to speak
and shared his support for maintaining the current level of excellent service provided by the Huntington
Beach Fire Department and EMS staff. (00:05:01)
STUDY SESSION
1, Citygate Associates provided City Council an overview of the Standards of Cover Study
and Evaluation of Fire, Rescue, and Emergency Services Delivery
Fire Chief Segura introduced Stewart Gary, Public Safety Principal, Citygate Associates, and consultants
hired by Citygate: Scott Clough, Principal and Kurt Henke, Principal/Managing Partner of AP Triton.
Mr. Gary gave a PowerPoint presentation entitled: Huntington Beach EMS Study with slides entitled: AP
Triton LLC was contracted to provide the following objectives, Determining the Value (2), Delivery Model,
GEMT and Federal Reimbursement, Summary of Findings (What are we doing well), and Summary of
Findings (What should we be looking).
Mr. Gary continued with a PowerPoint presentation entitled: Standards of Cover Study and Evaluation of
Fire, Rescue, and EMS Delivery, Huntington Beach Fire Department with slides entitled: Fire Service
Delivery Policy Choices, Risks to be Protected - Summary, Incident Demand Trends by Hour of Day by
Year, Unit Utilization - Engines, Unit Utilization - Ambulances, Simultaneous Incidents, Fire Dispatch
Receipt to Arrival Time - All Units, Unit Travel Time - First Arrival Engines/Ladders ONLY, Dispatch and
Turnout Time - All Incidents, First Alarm Time - 3 Engines & 1 Ladder/Quint + 1 BIC, Geographic
Coverage Analysis, 5 pages of Maps, Traffic -Congested Impact, 7 pages of Maps, Key Deployment
Findings, EMS Deployment Findings, Performance Recommendations, Deployment Options - Change
the Existing Level of Effort, Engine and EMS Staffing Re -Structuring, Engine and EMS Staffing Re -
Structuring Costs, Headquarters Headlines, Next Steps, and Questions.
Councilmember Peterson clarified that he would like to see mandatory staffing requirements removed so
that Chief Segura has the ability to maintain excellent service. Councilmember Peterson and consultants
discussed a recommendation to relocate one fire station to improve the drive time to the northwest and
northeast neighborhoods.
Mayor Delgleize and Mr. Henke discussed the spacing of fire stations and meeting the national "best
practice" advice of every 1.5 miles, taking into consideration the local traffic conditions and reaching
destinations in 4 to 5 minutes. If it begins to take upwards of 6 minutes to reach a destination, then it is
time to add more fire stations.
Councilmember O'Connell and consultants discussed the cost vs. revenue for the FireMed program, and
options for increasing insurance billing for reimbursement. The consultants also shared that there is no
longer any connection between what a business may be charged for insurance and the rating of the local
fire department.
Councilmember Semeta and consultants discussed that a 36% collection rate is considered an efficient
system, especially when you remember that no one pays the fully billed cost for Emergency Medical
Service (EMS). For instance, Medicaid/Medicare payments never have and never will pay 100 percent
of the charges. Councilmember Semeta and consultants also discussed the unusual paramedic staffing
restrictions in Orange County.
Council/PFA Regular Minutes
April 17, 2017
Page 3 of 16
RECESSED TO CLOSED SESSION — 6:16 PM
Mayor Delgleize announced the recess to Closed Session for Items 2 and 3.
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), 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), Huntington Beach Police
Officers' Association (POA), and/or Surf City Lifeguard Employees' Association (SCLEA).
3. Pursuant to Government Code §54956.9(d)(2) the City Council recessed into Closed
Session to confer with the City Attorney regarding potential litigation. Number of cases,
one (1).
6:00 PM — COUNCIL CHAMBERS
RECONVENED CITY COUNCIUPUBLIC FINANCING AUTHORITY MEETING — 6:11 PM
ROLL CALL
Present: O'Connell, Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson
Absent: None
PLEDGE OF ALLEGIANCE — Led by Councilmember Brenden
INVOCATION — Deacon Joe Sullivan of St. Bonaventure Catholic Church 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.
CLOSED SESSION REPORT BY CITY ATTORNEY — None
AWARDS AND PRESENTATIONS
Mayor Delgleize called on Victoria Alberty and Marta of German Shepherd Rescue of Orange
County who presented the Adoptable Pet of the Month. Radar, a German Shepherd was introduced.
Further details may be obtained at http://awos.petfinder.com/shelters/CA997.html or at
www.waggintrails.org.
Mayor Delgleize called on HBPD Chief Rob Handy who presented the Mayor's Award to Detective
Lisa Gallatin. Detective Gallatin does background investigations for the Police Department and has
been with the City since 1995. Chief Handy stated that Detective Gallatin is instrumental in identifying the
Council/PFA Regular Minutes
April 17, 2017
Page 4 of 16
individuals that can best provide the level of service expected of the Huntington Beach Police
Department, and described the extensive research involved. Chief Handy noted that in 2016, Lisa hired
44 people. In recognition of her hard work, Lisa was congratulated on receiving the Mayor's Award.
Per Resolution 2016-01 Section C, Mayor Delgleize called on City Clerk Robin Estanislau and
Miss Huntington Beach Jena Farris who presided over the lottery drawing for fireworks stands by
selecting five qualified non-profit organizations from applications submitted in each of the
following categories: Youth Sports and Civic Organizations.
City Clerk Robin Estanislau gave a PowerPoint presentation entitled: 2017 Non -Profit Firework Stand
Lottery with slides titled. Miss Huntington Beach 2017, Public High School Winners (4), Private High
Schools = 2, Civic Organizations, Civic Organizations = 23, Youth Sports, Youth Sports = 13, and
Congratulations!
The winners of booths in the High School category were announced:
1. Edison High School - Academy of Sustainability; Wrestling Booster Club
2. Huntington Beach High School - Football Booster Club; Softball Boosters
3. Marina High School - Cheer Team; Dive Team
4. Ocean View High School - Girls Basketball Team; Baseball Boosters
5. Private High School Lottery Winner - Brethren Christian High School
Miss Huntington Beach Jena Farris and Mayor Delgleize placed thirteen lottery balls in the drum for the
thirteen Youth Sports category entries.
Winners:
1. Seaview Little League
2. Huntington Valley Little League
3. H.B. Pop Warner Football
4. Marina Jr. All American Football and Cheer
5. HB Water Polo Club
Alternates:
1. HB Youth LaCrosse
2. HB Divers
3. United Water Polo Club
Miss Huntington Beach Jena Farris and Mayor Delgleize placed twenty-three lottery balls in the drum for
the twenty-three Civic Organizations category entries.
Winners:
1. Apostolic Assembly of Faith
2. Kiwanis
3. Elks Lodge, No. 1959
4. CrossPoint Church
5. HB Family YMCA
Alternates:
1. Golden View PTO
2. HB Reads One Book
3. Orange County Children's Theater
Council/PFA Regular Minutes
April 17, 2017
Page S of 16
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:
Awards and Presentations
PowerPoint communication entitled 2017 Non -Profit Firework Stand Lottery
Consent Calendar Item No. 6
Two (2) anonymous phone calls received 4/17/17 in support of Ordinances #4118 and #4124 regarding
smoking in public areas (beaches and parks).
Public Hearing Item No. 7
Email communications received from Susan Worthy, Guy Guzzardo and James Aul.
PUBLIC COMMENTS (3 Minute Time Limit) — 12 Speakers
The number fhh:mm: ssj following the speakers' comments indicates their approximate starting time in
the archived video located at httpJ/www.surfcity-hb.org/govemment/agendas.
Stephen A. Davis, a homeless Vietnam Veteran, was called to speak and shared his military and
personal health history as an example of just one of many, many homeless living in the area. (02:09:57)
Mary Margaret Shirey was called to speak to invite everyone to the Huntington Beach Therapeutic Riding
Center Derby Day Fundraiser, 1 -- 6 p.m. on Saturday, May 6, at the Huntington Beach Therapeutic
Riding Center. (02:12:39)
Debbie Killey, H. B. Environmental Board, was called to speak and announced the 7th Fixit Clinic,
Saturday, April 22, 1-3 p.m., Huntington Beach Central Library, as the only Fixit Clinic in Orange County.
Right to Repair legislation is being addressed in many states, but not in California. Ms. Killey asked the
Intergovernmental Relations Committee (IRC) and City Council to get involved in Right to Repair
legislation for California. (02:13:33)
Barbara Haynes was called to speak and shared her concerns about the increasing number of sober
living residences which she views as "businesses" that do not require any license or permit and are
located in residential neighborhoods. Ms. Haynes asked if they pay any taxes. (02:17:07)
Kristin Johnson was called to speak and shared her concerns about the increasing number of sober
living residences in Huntington Beach, and how her neighborhood is experiencing increased traffic,
parking issues and trash as a result. Ms. Johnson asked how the city and residents can work together to
regulate the issues. (02:19:27)
Thomas Elliott was called to speak and shared his frustrating experience trying to get a permit to park his
truck and trailer. He was asked to complete a blue card for follow-up. (02:21:59)
Ted Ross was called to speak and shared what he feels is a major public concern with the increasing
number of sober living facilities specifically within his Huntington Crest residential neighborhood, and
asked for the City Council's assistance in addressing concerns shared by residents. (02:23:45)
Donna Brandt, Therapeutic Riding Center of Huntington Beach, was called to speak and invited the
community to attend the Derby Day Fundraiser, 1 — 6 p.m. on Saturday, May 6. The Therapeutic Riding
Council/PFA Regular Minutes
April 17, 2017
Page 6 of 16
Center is a volunteer (including H. B. Mounted Unit officers) program that serves children and adults of
all ages with a variety of disabilities using special relationships with horses. (02:26:38)
David Ewell was called to speak and shared his continued concerns about the status of the former Navy
right-of-way and the extreme fire hazard created by the uncontrolled weeds and grass. He shared that
the city officials had communicated that a process has been started to secure funds for cleanup of the
site, and stated his opinion that the issue needs to be addressed sooner rather than later. (02:29:09)
Jack Behlmer was called to speak and shared his surprise that a recovery center on Main Street at
Orange Avenue was apparently approved by the city. He voiced concerns that the facility would serve as
a magnet for the homeless in the Downtown area where there are at least twenty alcohol -serving
establishments. Mr. Behlmer asked for particulars on approval for the location, and was asked to
complete a blue card for follow-up. (02:33:26)
Matt Johnson was called to speak and invited the community to the launch party on April 29 for Common
Ground, a non-profit that provides activities for at -risk children in the Oak View School District.
(02:36:35)
Natalie was called to speak and shared that she and her children participate in the Common Ground
program in the Oak View School District, and described her appreciation for neighborhood kids being
offered an opportunity to share in positive activities after school. (02:40:31)
COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS, AB 1234 REPORTING, AND
OPENNESS IN NEGOTIATIONS DISCLOSURES
Councilmember Brenden reported meeting with representatives of the Police Officers' Association
(POA), Huntington Beach Firefighters' Association (HBFA), and a representative of Black Bull Chop
House; reported attending a Regional Mayors' Summit, the Orange County Taxpayer's Association
monthly luncheon and committee meetings for the 4th of July Board, the Downtown Business
Improvement District, the Design Review Board, and the Council on Aging which will have a Fiesta on
April 28th in Central Park.
Mayor Pro Tern Posey reported meeting with representatives of the Police Officers' Association (POA)
and the Huntington Beach Firefighters' Association (HBFA).
Councilmember O'Connell reported meeting with representatives of the Police Officers' Association
(POA) and the Huntington Beach Firefighters' Association (HBFA); reported attending a California
League of Cities Board of Directors meeting, the Orange County Taxpayer's Association monthly
luncheon, and the Orange County Business Council leadership breakfast.
Mayor Delgleize reported attending the 2017 Regional Mayor's Summit and the OCTax Conversation
with Orange County Mayors meeting, and meeting with representatives of the Police Officers'
Association (POA).
Councilmember Peterson reported attending the monthly Southern California Association of Government
(SCAG) meeting.
CITY MANAGER'S REPORT
1. The Fire Department provided a presentation on the Community Emergency Response
Team (CERT) Program
Council/PFA Regular Minutes
April 17, 2017
Page 7 of 16
Fire Chief Segura introduced Emergency Services Coordinator Brevyn Mettler who presented a
PowerPoint entitled: Community Emergency Response Team (CERT) Program which included slides
entitled: What is CERT? History, What do they Learn, CERT Volunteer Program, What do they do?,
CERT Mutual Aid Program, and 2017 Spring CERT Class.
Mayor Delgleize thanked Mr. Mettler for his report and the leadership he provides to the CERT program,
and confirmed that another training class will begin in the Fall.
CITY ATTORNEY'S REPORT
2. City Attorney's filing of recent lawsuits involving the City of Huntington Beach
City Attorney Gates reported that on March 9, 2017, the City Attorney's office filed an action to close a
medical marijuana dispensary located at 9500 Garfield, City of Huntington Beach vs. Demenci
Development Company, AKA HB Pharmacy, Orange County Superior Court Case No. 30-2017-
00907603; and an action to close a medical marijuana dispensary located at 16561 Bolsa Chica Street,
Unit 200, City of Huntington Beach vs. Mendoza Herbology, Orange County Superior Court Case No. 30-
2017-00907738. On March 13, 2017, an action was filed to close a medical marijuana dispensary at
17685 Beach Boulevard, City of Huntington Beach vs. Richard Baldwin, HB Greenwave, et al., Orange
County Superior Court Case No. 30-2017-00908314. On March 15, 2017, an action was filed to close a
medical marijuana dispensary at 9480 Beach Boulevard, City of Huntington Beach vs. Tyna Nguen, HB
Vape, HB Secret Stash, Orange County Superior Court Case No. 30-2017-00909026. This week the
City Attorney's Office will be filing an action to close a medical marijuana dispensary at 17511 Griffin
Lane, Unit 6, City of Huntington Beach vs. Club Meds Wellness.
City Attorney Gates and Mayor Delgleize discussed case variables and response times by tenants and
landlords that can delay action to close an illegal facility.
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Councilmember O'Connell asked that the record indicate a "No" vote for Consent Calendar Item No. 6.
3. Received and filed City Clerk's Quarterly listing of Contracts filed in the City Clerk's office
between October 1, 2016, and December 31, 2016
A motion was made by Hardy, second Posey to receive and file the "List of Contracts Approved by
Department Heads and Submitted to the Office of the City Clerk During the Period of October 1, 2016
through December 31, 2016."
The motion carried by the following vote:
AYES: O'Connell, Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson
NOES: None
4. Received and filed City of Huntington Beach Strategic Plan Updates
A motion was made by Hardy, second Posey to receive and file the Six -Month Strategic Objectives.
The motion carried by the following vote:
AYES: O'Connell, Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson
Council/PFA Regular Minutes
April 17, 2017
Page 8 of 16
NOES: None
5. Accepted the lowest responsive and responsible bid and authorized execution of a
construction contract with the R.J. Noble Company in the amount of $1,349,347.30 for the
Atlanta Avenue Rehabilitation and Indianapolis Avenue Rehabilitation Project, CC-1539
A motion was made by Hardy, second Posey to accept the lowest responsive and responsible base bid
submitted by the R.J. Noble Company in the amount of $1,349,347.30; and, authorize the Mayor and
City Clerk to execute a construction contract in a form approved by the City Attorney.
The motion carried by the following vote:
AYES: O'Connell, Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson
NOES: None
6. Adopted Ordinance Nos. 4117, 4118, 4119, 4124 and 4129, amending the Huntington Beach
Municipal Code to enhance law enforcement efforts to provide public safety and quality of
life in Huntington Beach related to sidewalks, beach regulations, camping on public
property, park regulations and refuse management
Approved for introduction April 3, 2017
Vote: 5-0-2 (O'Connell-Recused; Hardy -Out of Room)
A motion was made by Hardy, second Posey to adopt Ordinance No. 4117, "An Ordinance of the City of
Huntington Beach Amending Chapter 12.32 of the Huntington Beach Municipal Code Relating to
Sidewalks;" and, adopt Ordinance No. 4118, "An Ordinance of the City of Huntington Beach Amending
Chapter 13.08 of the Huntington Beach Municipal Code Relating to Beach Regulations;" and, adopt
Ordinance No. 4119, "An Ordinance of the City of Huntington Beach Amending Chapter 13.10 of the
Huntington Beach Municipal Code Relating to Camping on Public Property;" and, adopt Ordinance No.
4124, "An Ordinance of the City of Huntington Beach Amending Chapter 13.48 of the Huntington Beach
Municipal Code Relating to Park Regulations;" and, adopt Ordinance No. 4129, "An Ordinance of the
City of Huntington Beach Amending Chapter 8.21 of the Huntington Beach Municipal Code Relating to
Refuse Management."
The motion carried by the following vote:
AYES: Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson
NOES: O'Connell
PUBLIC HEARING
Councilmember O'Connell recused himself from participating in Public Hearing Item Nos. 7 and 8
because of his financial interest in a property located within 500 feet of each location, and left the dais.
(02:54:40)
7. Approved Conditional Use Permit (CUP) No. 16-045 (HO Gastropub) located at 155 Fifth
Street, #183 (north side of Pacific Coast Highway between Fifth Street and Sixth Street —
The Strand) and required compliance with all conditions of approval from Resolution No.
2013-24, Exhibit A
Council/PFA Regular Minutes
April 17, 2017
Page 9 of 16
Community Development Director Scott Hess introduced Associate Planner Christopher Wong who gave
a PowerPoint presentation entitled: City Council H Q Gastropub that contained the following titled slides:
Project Description (2), Existing Facade, Proposed Facade, Restaurant Background, Resolution
Background, Planning Commission, Analysis (2), Recommendation and Alternative Motion.
Councilmember Brenden and staff discussed that there is no parking for this restaurant on Pacific Coast
Highway (PCH), and patrons are therefore expected to use the parking structure.
Councilmember Hardy and staff discussed how establishments that serve alcohol routinely require
employee training, or set different hours for alcohol vs food service.
Mayor Delgleize opened the Public Hearing for this item.
City Clerk Robin Estanislau announced receipt of e-mail communications from Susan Worthy, Guy
Guzzardo and James Aul.
Public Hearing — 5 speakers
Kate Leigh, representing Lance Taylor, Capro Strand and owner of The Strand, was called to speak and
expressed support for the Alternative Action #1 identified within the staff report for Conditional Use
Permit (CUP) No. 16-045 for HQ Gastropub. Ms. Leigh described meeting with Susan Worthy,
discussed hours of operation for the trash compactor, posting signs restricting use of loading area, and
barricade placement to restrict entrance to that area. (03:05:29)
Bridgette Sanossian, HQ Gastropub Real Estate Broker, was called to speak and expressed support for
Alternative Action #1 for Conditional Use Permit (CUP) No. 16-045 for HQ Gastropub. She discussed
HQ's lease negotiations which included a contingency period, and the research and resources spent on
selecting the location. She also described like businesses in surrounding areas to reflect the type of
dining experience customers should expect. (03:07:56)
Christine VanRooy, VanRooy Design was called to speak and expressed support for Alternate Action #1
for Conditional Use Permit (CUP) No. 16-045 for HQ Gastropub. She described the background of her
business and how the internal design portrays a bright, safe environment that will not over -emphasize
alcohol service. She also stated her opinion that HQ's intentions for expanded hours relate not only to
alcohol service, but food service as well. (03:11:18)
Mark Matters, HQ Gastropub Managing Director, was called to speak and expressed support for
Alternative Action #1 for Conditional Use Permit (CUP) No. 16-045 for HQ Gastropub. Mr. Matters
discussed HQ's professionalism, high quality product and financial standing. In response to
Councilmember Hardy, Mr. Matters confirmed that the establishment would provide contracted,
professional security onsite for Thursday, Friday and Saturday evenings from 8 p.m. to 2:30 a.m.
(03:14:26)
Richard Plummer, downtown resident, was called to speak and expressed his opposition to Conditional
Use Permit (CUP) No. 16-045 for HQ Gastropub because in his opinion, there are already too many
existing liquor licenses and inadequate police protection for that area. (03:20:05)
There being no more speakers, Mayor Delgleize closed the Public Hearing.
Council/PFA Regular Minutes
April 17, 2017
Page 10 of 16
Councilmember Hardy expressed her opinion that there should not be alcohol sales after midnight;
however, a Conditional Use Permit (CUP) requiring 8 pm — 2 am security staff, and allowing only beer
and wine sales (no hard alcohol) after midnight, might be appropriate for future CUPS.
Mayor Pro Tern Posey stated that in his opinion HQ Gastropub represents and appears to meet the
business standards expected as described by the training they require for alcohol servers, by providing
onsite security, and the use of ID scanners. Director Hess confirmed for Mayor Pro Tern Posey that no
one spoke in opposition to the application at Planning Commission hearings. That being said, Mayor Pro
Tern Posey provided support for Alternative Action #1.
Councilmember Brenden shared his support of Alternative Motion #1, in part because the previous
facility was open to 2 a.m.
Councilmember Semeta voiced her support for the many reasons already stated, plus their track record
at their existing location, and the fact that the Huntington Beach Police Department has expressed no
objection.
Councilmember Peterson expressed support for the strengthened revocation language, and believes that
the required security staff should be included in future CUPs.
Mayor Delgleize expressed her appreciation to Mr. Matters for the thorough presentation, and stated her
support, recognizing the applicant's plans to provide their own security staff.
A motion was made by Councilmember Brenden to approve Alternation Action #1: Conditional Use
Permit No. 16-045 to reestablish a restaurant (HQ Gastropub), with on -site sales and consumption of
alcohol in a vacant tenant space, and require compliance with all conditions of approval from City
Council Resolution No. 2013-24, Exhibit A, except Condition No. 1 and allow the restaurant to operate
until 2:00 AM three days a week, with findings and revised conditions of approval (Applicant's Request).
Discussion ensued. Councilmember Hardy expressed her opinion that the maker of the motion should
consider including three conditions: 1) employee training and certification, 2) security staff, and 3) allow
only beer and wine sales (not hard liquor).
Councilmember Semeta voiced her support of a motion that adds a requirement for security staff, but
doesn't support the proposed requirement to only allow beer and wine sales, and she confirmed that
employee training and certification is already a part of the conditions. (03:40:02)
Mayor Pro Tem Posey seconded Councilmember Brenden's motion to approve Alternation Action #1:
Conditional Use Permit No. 16-045 to reestablish a restaurant (HQ Gastropub), with on -site sales and
consumption of alcohol in a vacant tenant space, and require compliance with all conditions of approval
from City Council Resolution No. 2013-24, Exhibit A, except Condition No. 1 and allow the restaurant to
operate until 2:00 AM three days a week, with findings and revised conditions of approval (Applicant's
Request) as amended to require security staff onsite between the hours of 8:00 PM to 2:30 AM,
Thursday through Saturday; and, strengthen revocation language in Condition #5.
The motion as amended carried by the following vote:
AYES: Semeta, Posey, Delgleize, Brenden, and Peterson
NOES: Hardy
RECUSED: O'Connell
Council/PFA Regular Minutes
April 17, 2017
Page 11 of 16
8. Approved Entitlement Plan Amendment No. 16.007 (Black Bull Outdoor Dining Area
Relocation) located at 300 Pacific Coast Highway, #112 (south side of Walnut Avenue
between Main Street and 3rd Street — Pierside Pavilion) and require compliance with all
conditions of approval from Resolution No. 2013-24, Exhibit B
Associate Planner Christopher Wong gave a PowerPoint presentation entitled: City Council Black Bull
Outdoor Dining Area Relocation with slides entitled: Project Description (2), Restaurant Background (2),
Planning Commission, Analysis (2), Recommendation, and Alternative Motion.
Community Development Director Scott Hess informed the Council that if the new outdoor dining area in
front is not approved, the applicant would continue to use their existing outdoor dining area.
Councilmember Hardy confirmed with staff that the outdoor dining hours are restricted in the Alternate
Action #1, and Gallagher's hours of operation (including outdoor) are not limited.
Councilmember Peterson confirmed with staff that the Alternate Action #1 allows the same hours of
operation for seven days per week.
Mayor Delgleize opened the Public Hearing for this item.
Public Hearing — 2 speakers
Jeff Bergsma, Project Applicant and Architect, was called to speak and voiced his support for EPA No.
16-007 (Black Bull Outdoor Dining Area Relocation). Mr. Bergsma explained the tenant's ideas to
support patio relocation, and was available for any questions about the project. (03:52:17)
Councilmember Hardy confirmed with Mr. Bergsma that currently Black Bull is open to 1:30 a.m. on
Thursday, Friday and Saturday, but would like to have the option to stay open until 1:30 a.m. every day.
The current restriction for outdoor dining is 10 p.m.
Richard Plummer was called to speak and voiced his opposition to EPA No. 16-007 (Black Bull Outdoor
Dining Area Relocation), not due to the establishment operator, but due to the need for a comprehensive
downtown alcohol plan that stays with the property and requires more establishment -provided security.
(03:55:14)
There being no more speakers, Mayor Delgleize closed the Public Hearing.
Councilmember Hardy expressed support for the change in the outdoor dining area, suggested that the
1:30 a.m. closing be restricted to Thursday, Friday and Saturday, and, recommends that the
establishment be required to also provide security staff for any later closing evenings.
Mayor Delgleize expressed support for the outdoor patio change which would reduce the space, and
confirmed with Mr. Bergsma that requiring employee training and certification, as well as requiring
security staff are not a problem.
Councilmember Peterson expressed his support for the 1:30 a.m. closing time only for Thursday through
Saturday, not seven days per week.
Mayor Pro Tern Posey stated his support of the Alternate Action #1 and looks forward to the changes
and improvements.
Council/PFA Regular Minutes
April 17, 2017
Page 12 of 16
Councilmember Brenden expressed his opinion that Black Bull is making an investment in improving the
facility and approval of this item will not be expanding the alcohol service hours. Councilmember
Brenden also supports the suggestion to restrict the 1:30 a.m. closing to Thursday through Saturday.
Police Chief Handy confirmed that currently the Entertainment Permit requires employee training and
clear identification for their security staff.
Councilmembers Hardy and Peterson expressed their opinions that including a security stipulation
should be with the CUP rather than the Entertainment Permit because the CUP continues with the land.
Police Chief Handy stated that including a security stipulation in the CUP rather than the Entertainment
Permit would remove any flexibility that the Police Department now has, and in his opinion there needs to
be further discussion on this issue with the City Attorney.
Mayor Pro Tern Posey and Black Bull Operator Cesar Penyan discussed operating hours, and Mr.
Penyan stated that restricted hours would eliminate the option to move forward with current plans
because many holidays may actually not fall only on Thursday through Saturday.
Councilmember Semeta confirmed with Mr. Bergsma that the staff recommendation to enclose the
current outdoor patio area in conjunction with relocating the outdoor patio area is an acceptable
recommendation.
Mayor Delgleize and Police Chief Handy discussed the revocation hearing process, Black Bull's
responsiveness to requests for assistance, and how the Police Department believes operations will
improve.
Mayor Pro Tem Posey, Councilmember Semeta and Mr. Bergsma confirmed that the proposed outdoor
dining (patio) will be established only after the removal of the existing outdoor dining site and expansion
of the public sidewalks.
Councilmember Brenden summarized that the applicant is agreeable to having a 1:30 a.m. closing on
Thursday through Saturday plus any holiday or holiday eves, and closing on all other days at 10:30 p.m.
for the patio, and midnight for the restaurant.
A motion was made by Peterson, second Brenden to approve Alternate Action #1: Entitlement Plan
Amendment No. 16-007 to amend Conditional Use Permit No. 06-020 to allow on -site sales and
consumption of alcohol within a proposed 400-square-foot outdoor dining area adjacent to Walnut
Avenue, and require compliance with all conditions of approval from City Council Resolution No. 2013-
24, Exhibit B, except Condition No. 1 and allow the restaurant to continue to operate until 1:30 AM, with
findings and conditions of approval as amended to closing at 1:30 a.m. on Thursday through
Saturday, plus any holiday or holiday eves and closing on all other days at 10:30 p.m. for the
patio, and midnight for the restaurant; and to strengthen revocation language in Condition #6.
Mr. Penyan spoke to alert Council that while Black Bull typically closes early, its current CUP allows them
to remain open during the week.until 1:30 a.m. and expressed opposition to the motion as stated.
A substitute motion was made by Posey, second Brenden to approve Alternate Action #1: Entitlement
Plan Amendment No. 16-007 to amend Conditional Use Permit No. 06-020 to allow on -site sales and
consumption of alcohol within a proposed 400-square-foot outdoor dining area adjacent to Walnut
Avenue, and require compliance with all conditions of approval from City Council Resolution No. 2013-
Council/PFA Regular Minutes
April 17, 2017
Page 13of16
24, Exhibit B, except Condition No. 1 and allow the restaurant to continue to operate until 1:30 AM, with
findings and conditions of approval as amended to strengthen revocation language in Condition #6.
The substitute motion carried by the following vote:
AYES: Semeta, Posey, Delgleize, and Brenden
NOES: Hardy, and Peterson
RECUSED: O'Connell
COUNCILMEMBER ITEMS
9. Item submitted by Councilmembers Peterson and Semeta referred to the Inter-
governmental Relations Committee (IRC) meeting of April 26, 2017 —Approve a City
position of Support on Legislation related to Pension Reform
Councilmember Semeta stated that she and Councilmember Peterson are seeking the Council's support
for a series of bills sponsored by Senator John Moorlach aimed at public employee pension reform.
State level pension reform is required to solve the problem of rapidly rising pension costs, and programs
that allow more flexibility at the local level are needed.
Councilmember Peterson added that from his perspective the City's pension issues cannot be solved
without some changes at the state level, and he is not sure that the proposed legislation will actually
pass, but supporting these measures will send a message to Sacramento to ask for assistance.
Mayor Pro Tem Posey stated that while he personally supports Senator Moorlach's bills, he has a
problem with approving the item without involving the City's Intergovernmental Relations Committee
(IRC). He recommended it be presented to the IRC at their next meeting, and request they report with a
date not to exceed 30 days from today,
A motion was made by Posey, second Brenden to refer this Item to the IRC's April 26, 2017, meeting,
and present recommendations to the City Council at their next regular meeting of May 1.
Councilmember Brenden stated his support of the comments made by Mayor Pro Tem Posey.
According to the Association of California Cities - Orange County (ACC-OC), only SB 32 is on their radar
in a "watch" position, and none of these items are currently on the IRC agenda. Councilmember
Brenden stated his personal support of them items, and also using the usual process.
Councilmember Semeta expressed her understanding that several of the items are up for hearing on
April 24th and therefore feels there is a sense of urgency and again stated the motion.
A substitute motion was made by Semeta, second Peterson to approve a City Position of Support on
Pension Reform pending before the State Legislature: Senate Constitutional Amendment 1 No Secure
Choice Bailout, SCA 1 would prohibit California taxpayer funds from being used to fund the newly
created California Secure Choice Retirement Savings Program or cover any potential unfunded liabilities;
Senate Constitutional Amendment 8, California Rule SCA 8 gives the legislature and public pension
systems the ability to adjust public employees' retirement benefit formulas on a prospective basis without
impacting any benefits earned; Senate Constitutional Amendment 10, Pension Transparency, SCA 10
will prohibit public employers from increasing retirement benefits for their employees without two-thirds
voter approval; Senate Bill 32, Public Employees' Pension Reform Act of 2018, SB 32 establishes the
California Public Employees' Pension Reform Act of 2018 (PEPRA 11) which continues substantial reform
Council/PFA Regular Minutes
April 17, 2017
Page 14 of 16
to California's broken public employee pension system began in 2012; Senate Bill 454, Retiree Medical
Healthcare Reform, SB 454 will make reforms to retired state employee medical healthcare including
requiring the Annual OPEB Cost be 100% funded; eliminate the Other Post -Employment Benefits 50/50
cost -share -split between the state and its employees, and require 100% of the benefit be paid by the
state; and require all state employees to use the 80/80 formula for basic health benefit plan premiums;
Senate Bill 681, Local Pension Control, SB 681 will give local jurisdictions the ability to leave their
contracts with the California Public Employees` Retirement System (CaIPERS) for their employees'
retirement plans without being excessively charged or penalized.
Mayor Delgleize stated that she was at the last IRC meeting and the only reason these items were not on
the agenda is because most of them are still in Committee, as Mayor Pro Tern Posey stated. These
issues are not being overlooked or ignored in Mayor Delgleize's opinion.
Councilmember Peterson stated he understands there is a process, and he thinks that as one of the
larger cities in California it will help to step-up early in the game to show support for these items.
Mayor Pro Tern Posey expressed support following protocol by allowing the item to be presented to the
I RC.
Councilmember Hardy shared that the IRC meeting is the proper place to discuss the pros and cores of
these items and make a recommendation for the Council, which it can then approve or not. In her
opinion there is nothing in this item that will change before the next IRC meeting or is an urgent issue
that needs to be addressed at this Council meeting. Councilmember Hardy did voice her opposition to
Senate Constitutional Amendment 8 which would allow cities to change public employees' retirement
benefit formulas.
Councilmember Brenden stated that in reviewing the Priority Legislation Report, it appears to him that
only SB 32 and SB 454 are scheduled for initial Committee hearings on April 24. Most likely there will
still be language changes to these bills.
A substitute motion was made by Semeta, second Peterson to approve a City Position of Support on
Pension Reform pending before the State Legislature: Senate Constitutional Amendment 1 No Secure
Choice Bailout, SCA 1 would prohibit California taxpayer funds from being used to fund the newly
created California Secure Choice Retirement Savings Program or cover any potential unfunded liabilities;
Senate Constitutional Amendment 8, California Rule SCA 8 gives the legislature and public pension
systems the ability to adjust public employees' retirement benefit formulas on a prospective basis without
impacting any benefits earned; Senate Constitutional Amendment 10, Pension Transparency, SCA 10
will prohibit public employers from increasing retirement benefits for their employees without two-thirds
voter approval; Senate Bill 32, Public Employees' Pension Reform Act of 2018, SB 32 establishes the
California Public Employees' Pension Reform Act of 2018 (PEPRA II) which continues substantial reform
to California's broken public employee pension system began in 2012; Senate Bill 454, Retiree Medical
Healthcare Reform, SB 454 will make reforms to retired state employee medical healthcare including
requiring the Annual OPEB Cost be 100% funded; eliminate the Other Post -Employment Benefits 50/50
cost -share -split between the state and its employees, and require 100% of the benefit be paid by the
state; and require all state employees to use the 80/80 formula for basic health benefit plan premiums;
Senate Bill 681, Local Pension Control, SB 681 will give local jurisdictions the ability to leave their
contracts with the California Public Employees' Retirement System (CaIPERS) for their employees'
retirement plans without being excessively charged or penalized.
Council/PFA Regular Minutes
April 17, 2017
Page 15 of 16
Councilmember Semeta's substitute motion failed by the following vote:
AYES: Semeta, *Hardy, and Peterson
NOES: O'Connell, Posey, Delgleize, and Brenden
*Hardy recorded as a "No" on Senate Constitutional Amendment 8: California
Rule
Mayor Pro Tern Posey's original motion seconded Brenden to refer this Item to the IRC's April 26, 2017,
meeting, and present recommendations to the City Council at their next regular meeting of May 1 carried
by the following vote:
AYES: O'Connell, Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson
NOES: None
10. Approved Item Submitted by Councilmember O'Connell -- Request to have a CaIPERS
representative present information at a Study Session regarding Unfunded Liabilities and
increased cost projections
Councilmember O'Connell introduced this item by stating that it is obvious that CalPERS has failed in
their California Constitution mandate to properly manage the public employee pension fund, and this
failure hurts not only the City's employees, but also the Huntington Beach taxpayers who will ultimately
have to foot the bill.
Councilmember Peterson stated that the City's Chief Financial Officer has already requested that a
CalPERS actuary present information at a future Study Session.
A motion was made by O'Connell, second Delgleize to request a CaIPERS representative attend a Study
Session to discuss current and future CalPERS obligations and the steps CalPERS is taking to enact
legislative changes to address these ongoing fiscal concerns.
Councilmember Brenden voiced his support for the concept, but asked if it would be appropriate to
address the stated concerns at a regional level by partnering with neighboring cities through the
Association of California Cities — Orange County (ACC-OC). Councilmember O'Connell concurred.
Councilmember Peterson believes the :place to start is here and now, and then push out to other cities.
Councilmembers Posey, Brenden and Semeta voiced support for Councilmember O'Connell's motion.
City Manager Wilson stated that there is an Orange County League of Cities Pension Reform Workshop
scheduled for May 3rd.
The motion as stated carried by the following vote:
AYES: O'Connell, Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson
NOES: None
COUNCILMEMBER COMMENTS (Not Agendized)
Councilmember Brenden reported participating in the Youth in Government Day at City Hall, attending a
great APA production of Peterand the Starcatcherat Huntington Beach High School, the Golden West
Council/PFA Regular Minutes
April 17, 2017
Page 16 of 16
College event for author Viet Thang Nguyen, the Kowabunga Van Klan of Huntington Beach (60 Vintage
VW Buses), and the Huntington Beach Downtown Sandcastles event on Main.
Councilmember Hardy thanked the Youth Board for all of the work for a successful Youth in Government
Day at City Hall, as well as Staff Liaison Chris Cole, the Business Development Department, the Police
Department, James O'Callahan and Dan Kalmick, in addition to the participation by Council members.
Councilmember Semeta also attended Youth in Government Day at City Hall, and the 2017 "Every 15
Minutes" Campaign - "Crash Site".
Councilmember O'Connell reported attending the Youth In Government Day at City Hall, the 2017 "Every
15 Minutes" Campaign - "Crash Site", the International Surfing Museum Kowabunga Van Klan of
Huntington Beach (60 Vintage VW Buses), the HB Community Services Department and HB Kiwanis
Club 27th Annual Easter Hunt and 7th Annual Family Fun Day, and The Huntington Beach Downtown
Sandcastles event on Main.
Mayor Delgleize thanked Councilmember Hardy for her efforts in leading the successful Youth in
Government Day at City Hall, including scheduling a meeting with the Mayor, the Mayor's City Tour for
the Cub, Girl and Boy Scouts, the HB Community Services Department and HB Kiwanis Club 27th
Annual Easter Hunt and 7th Annual Family Fun Day, the 2017 "Every 15 Minutes" Campaign - "Crash
Site", the 7th Annual "Wine, Cheese, & Chocolate, Please" fundraiser for Project Self Sufficiency, and
the Huntington Harbour Yacht Club Opening Day Ceremonies.
ADJOURNMENT -- At 9:31 PM to the next regularly scheduled meeting of the Huntington Beach City
Council/Public Financing Authority on Monday, May 1, 2017, at 4:00 PM in the Civic Center Council
Chambers, 2000 Main Street, Huntington Beach, California.
t�62
City C er sand 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:
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City Clerk -Secretary Mayor -Chair