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HomeMy WebLinkAbout2017-12-04Minutes City Council/Public Financing Authority City of Huntington Beach Monday, December 4, 2017 5:30 PM - Council Chambers 6:00 PM - Council Chambers Civic Center, 2000 Main Street Huntington Beach, California 92648 A video recording of the 5:30 PM and 6:00 PM portion of this meeting is on file in the Office of the City Clerk, and archived at www.surfcity-hb.org/governmentiagendas/ Based on the lack of a Study Session and time needed to cover the Closed Session item, the meeting was scheduled to begin at 5:30 PM. 5:30 PM — Council Chambers — Closed Session 6:00 PM — Council Chambers — Regular Business Meeting CALLED TO ORDER — 5:33 PM ROLL CALL Present: O'Connell, Semeta, Posey, Delgleize, Hardy (arrived at 5:36 pm), Brenden (arrived at 5:43 pm), and Peterson Absent: None ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) — None PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS (3 Minute Time Limit) - None RECESSED TO CLOSED SESSION — 5:35 PM A motion was made by Posey, second by Semeta to recess to Closed Session Item Nos. 1 and 2. With no objections, the motion carried. CLOSED SESSION •_ •.. •_ . • 1 1 . 1 1 � 1 1 1 1 1 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: John Briscoe v. City of Huntington Beach, Robin Estanislau, Orange County Superior Court Case No. 30- 2017-00896258. Council/PFA Regular Minutes December 4, 2017 Page 2 of 10 6:00 PM — COUNCIL CHAMBERS RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING — 6:02 PM ROLL CALL Present: O'Connell, Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson Absent: None PLEDGE OF ALLEGIANCE — Led by Councilmember Brenden INVOCATION - Father Christian Mondor of Sts. Simon & Jude 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 City Attorney Michael Gates announced that Council did not discuss Closed Session Item No. 1 related to labor. He also announced that by a vote of 7-0, the City Council voted to appeal the John Briscoe v. City of Huntington Beach, et. al., Orange County Superior Court Case No. 30-2017-00896258 lawsuit (Closed Session Item No. 2). Attorney Gates explained that the lawsuit involves a challenge by Mr. Briscoe to the City's response to his request under the California Public Records Act (CPRA) for certain sensitive personnel records. He further stated that the City always promotes transparency and provides public records whenever they are requested by members of the public. However, the City has a right to not disclose certain records containing private personnel related information. That is what occurred in this case. The City Attorney's office has spent attorney time defending this lawsuit, and will commit additional time to the appeal. The expense to the City in legal fees is zero dollars ($0.00). With this vote tonight, the appeal in this case will be filed immediately. AWARDS AND PRESENTATIONS Mayor Delgleize presented the 2017 Mayor's Award Mayor Barbara Delgleize presented the 2017 Mayor's Award to Public Works Director Travis Hopkins. Mayor Delgeize explained that Council members get phone calls and emails from city residents every day with questions and requests. Whenever she turned to Mr. Hopkins for assistance, he always followed through — even to the most challenging situations. Director Hopkins introduced his family and thanked them for their support with his sometimes crazy hours. Director Hopkins also thanked Mayor Delgleize, the Council members, City Manager Fred Wilson, as well as the men and women of the Public Works Department for the support they all provide. He stated that the people who live in Huntington Beach love living in the City, and the people that work for the City love working here, which makes his job easier. ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) — None PUBLIC COMMENTS (3 Minute Time Limit) — 13 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/government/agendas. Council/PFA Regular Minutes December 4, 2017 Page 3 of 10 Councilmember Hardy announced that she would be leaving the meeting at 6:30 PM for a period of time to attend her daughter's school performance, but would return soon thereafter. Tim Whitaker, Representative of 2nd District Supervisor Michelle Steele's Office, was called to speak and conveyed to Mayor Delgleize how much Supervisor Steele enjoyed the Mayor's loyalty and steadfastness this past year. Mr. Whitaker presented Mayor Delgleize with a Certificate of Recognition to acknowledge her distinguished and dedicated service to the local community as Mayor. (00:17:23) Joe Carchio, representing Assemblyman Travis Allen, 72nd District, was called to speak and presented Mayor Delgleize with a Certificate of Recognition and thanked her for being an excellent example of the spirit of Huntington Beach in 2017. (00:20:23) An unnamed representative from the office of Representative Dana Rohrabacher expressed appreciation for Mayor Delgleize's passion and dedication. She thanked Mayor Delgleize on behalf of Representative Rohrabacher for all of the ways she helps to make Surf City a wonderful place to live, work and play. (00:21:48) Mary Belirens, Concessionaire, Huntington Central Park Equestrian Center, Dr. Carole Harris and Justine Makoff, Horse Nation Foundation, were called to speak. They shared a story of the wet and rainy day that Mayor Delgleize made a visit to the Equestrian Center which resulted in getting their vehicle stuck in the mud and requiring a tractor to pull them out. They reported that Mayor Delgleize just kept laughing and smiling throughout the ordeal as she learned about the work that Horse Nation Foundation does with rescued horses and at -risk kids. They announced their National Day of the Horse celebration on Saturday, December 16, 11 am - 3 pm, at the Equestrian Center with activities for the whole family. (00:22:38) Jean Nagy, Huntington Beach Tree Society, was called to speak and thanked Mayor Delgleize for her support for the planting of a greener future in City parks. Ms. Nagy and Tree Society volunteers presented Mayor Delgleize with a wooden bird house in appreciation. (00:26:45) Maureen was called to speak and again shared her opinion that the left-hand turn lane at Adams and Beach is too short. Maureen provided examples to support her opinion that City officials get what they want, but the voice of the average citizen is not heard. (00:28.39) John Briscoe, representing the students, school staff and the community, was called to speak and shared his opinions on his lawsuit against the City. (00:30:55) Miguel Prieto, Member, Huntington Beach Police Officers' Association (HBPOA), was called to speak and shared a PowerPoint communication titled HBPD Patrol Officers with additional slides entitled HBPD Patrol Officers, Actual HBPD Patrol Staffing, and November 2017 Patrol Overtime. (00:34:18) Dave Humphreys, Huntington Beach Police Officers' Association (HBPOA), was called to speak and stated his support for improved Police Department technology to enhance services and safety for both officers and citizens. Mr. Humphries asked that the Council focus on recruiting and retaining Police Department personnel and return the HBPD to the employment destination location it once was. (00:37:32) Sean McDonough, Huntington Beach Police Officers' Association (HBPOA) Board Member, was called to speak and voiced opinions on the low morale, failing recruitment and retention, and the desperate Council/PFA Regular Minutes December 4, 2017 Page 4 of 10 need for police management reform. Mr. McDonough asked City Council what they plan to do to ensure public safety, and make the Police Department a number one priority. (00:40:51) Peter Teichmann, a Huntington Beach resident who has been a police officer in various cities for 19 years, was called to speak and shared his opinions on Huntington Beach Police Chief Handy's lack of leadership. Mr. Teichmann stated his confidence that the City Council will do what is right for the City, and the men and women of the HBPD. (00:41:54) Kim Kramer, Co -Founder, Huntington Beach Public Art Alliance, was called to speak and announced the next Art Alliance project which Mayor Delgleize was instrumental in bringing to fruition. The new project will involve a partnership with Frontier Communications for a painted mural on the Frontier building at the northern entrance to Downtown. A local Huntington Beach resident and artist, Melissa Murphy, will be creating this mural. Mayor Delgleize was commended for her support of public art. (00:44:28) Barbara Haynes, Co -Founder, Huntington Beach Public Art Alliance and Huntington Beach Preserve Our Past, was called to speak and stated her appreciation to Mayor Delgleize for supporting several projects this past year. Ms. Haynes also thanked Mayor Pro Tern Posey and the Council for their ongoing support for public art. (00:47:40) COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS, AB 1234 REPORTING, AND OPENNESS IN NEGOTIATIONS DISCLOSURES Councilmember Peterson announced that Carole Woodworth, Chair of the Finance Commission, is moving out of the area at the end of the month, and therefore resigning from the Finance Commission. Councilmember Peterson thanked her for her great service and leadership, and also announced his appointment of Frank Lo Grasso as his new Finance Commissioner. Councilmember O'Connell reported meeting with members of the Huntington Beach Police Officers' Association (HBPOA) and members of the Huntington Beach Firefighters' Association (HBFA). Councilmember Brenden reported meeting with representatives from the City of Costa Mesa to discuss sober living homes, and attending a town hall meeting in Newport Beach regarding air traffic noises. Mayor Delgleize reported attending an Orange County Transit Authority (OCTA) Regional meeting, and stated she will provide a detailed report at a future Council meeting. CONSENT CALENDAR Approved and adopted minutes A motion was made by Peterson, second Semeta to approve and adopt the City Council/Public Financing Authority regular meeting minutes dated November 6, 2017, and the City Council/Public Financing Authority regular meeting minutes dated November 20, 2017, as written and on file in the Office of the City Clerk. The motion carried by the following vote: AYES: O'Connell, Semeta, Posey, Delgleize, Brenden, and Peterson OUT OF ROOM: Hardy NOES: None Council/PFA Regular Minutes December 4, 2017 Page 5 of 10 2. Approved Final Tract Map No. 17397 and accepted the offer of easements pursuant to findings and requirements (Surf City Cottages, 80 Huntington Street) A motion was made by Peterson, second Semeta to approve Final Tract Map No. 17397 and accept the offer of easements pursuant to findings and requirements. The motion carried by the following vote: AYES: O'Connell, Semeta, Posey, Delgleize, Brenden, and Peterson OUT OF ROOM: Hardy NOES: None 3. Adopted Resolution Nos. 2017-58 and 2017-60 through 2017-66 requesting authorization by the City and approval from California Department of Transportation (Caltrans) for temporary closure of streets for certain special events in 2018 A motion was made by Peterson, second Semeta to adopt Resolution No. 2017-58, "A Resolution of the City Council of the City of Huntington Beach Authorizing the Closing of Main Street and 5th Street to Vehicular Traffic for Certain Special Events;" and, adopt Resolution No. 2017-60, "A Resolution of the City Council of the City of Huntington Beach Approving the Temporary Closure of 12th Street in Sunset Beach for the Annual Sunset Beach Art Festival and Halloween Party;" and, adopt Resolution No. 2017- 61 "A Resolution of the City Council of the City of Huntington Beach Requesting Caltrans Approve the Closing of Pacific Coast Highway and Certain Ingress and Egress for the Surf City USA Marathon Run;" and, adopt Resolution No. 2017-62, "A Resolution of the City Council of the City of Huntington Beach Approving the Temporary Closure of Portions of Goldenwest Street, Garfield Avenue, Huntington Street, Twin Dolphin Drive, Edwards Street, Ellis Avenue, Talbert Avenue, Seapoint Street, Inlet Drive, Overlook Drive, Summit Drive, Varsity Drive, Main Street, Walnut Avenue, and Central Park Drive for the Surf City USA Marathon Run;" and, adopt Resolution No. 2017-63, "A Resolution of the City Council of the City of Huntington Beach Requesting Caltrans Approve the Closing of Pacific Coast Highway and Certain Ingress and Egress within the City of Huntington Beach for the Annual Surf City 10 Run;" and, adopt Resolution No. 2017-64, "A Resolution of the City Council of the City of Huntington Beach Requesting Caltrans Approve the Closing of Pacific Coast Highway for the Huntington Beach Fourth of July Parade and Fireworks;" and, adopt Resolution No. 2017-65, "A Resolution of the City Council of the City of Huntington Beach Authorizing Street Closure for the Fourth of July;"and, adopt Resolution No. 2017-66, "A Resolution of the City Council of the City of Huntington Beach Requesting Caltrans Approve the Closing of Pacific Coast Highway and Certain Ingress and Egress within the City of Huntington Beach for the Escape Series Triathlon. The motion carried by the following vote: AYES: O'Connell, Semeta, Posey, Delgleize, Brenden, and Peterson OUT OF ROOM: Hardy NOES: None PUBLIC HEARING 4. Approved for introduction Ordinarce No. 4142 repealing Chapter 3.52 of the Huntington Beach Municipal Code (Ordinance 3175) and disestablishing the Parking and Business Improvement Area known as the Huntington Beach Auto Dealers Business Improvement District (BID) Council/PFA Regular Minutes December 4, 2017 Page 6 of 10 City Manager Fred Wilson introduced this item to disestablish the Huntington Beach Auto Dealers Business Improvement District (BID) at the request of the BID. This is the final action required to approve the disestablishment. Councilmember O'Connell announced that because of a business interest within 500 feet of this District, he was recusing himself, and he left the dais. Councilmember Peterson and City Manager Wilson discussed that the large sign on Beach Boulevard is independent of the BID and is not affected by this action. Mayor Pro Tern Posey voiced his support for this action and congratulated the Auto Dealers for their success in becoming self funding. Councilmember Brenden stated his agreement with Mayor Pro Tern Posey's comments, and added that he has been assured that the reader board will still be available for community service purposes for local non -profits. Mayor Delgleize opened the Public Hearing. (00:55:45) City Clerk Robin Estanislau announced no one had signed up to speak. There being no public speakers, Mayor Delgleize closed the Public Hearing. A motion was made by Peterson, second Posey to conduct the Public Hearing; and, approve for introduction Ordinance No. 4142, "An Ordinance of the City of Huntington Beach repealing Chapter 3.52 of the Huntington Beach Municipal Code (Ordinance 3175) and Disestablishing the Parking and Business Improvement Area known as the "Huntington Beach Auto Dealers Business Improvement District;" and, authorize the City Manager or designee to process any refund of remaining revenues derived from the levy of assessment collected and refund to the businesses of the Huntington Beach Auto Dealers Association ultimately closing Fund 701. The motion carried by the following vote: AYES: Semeta, Posey, Delgleize, Brenden, and Peterson NOES: None RECUSE: O'Connell OUT OF ROOM: Hardy ELECTIONS OF MAYOR AND MAYOR PRO TEMPORE FOR ENSUING YEAR: Comments by Outgoing Mayor Delgleize Mayor Delgleize presented a PowerPoint communication entitled Mayor's Year in Review, which included the following slides: Guinness Book of World Records - Most Surfers on a Paddle Out, Central Park (2), Citizens Academy, Bloomberg Mayors Challenge, Broadband/Wireless Technology Deployment, Emergency Preparedness, Public Art Alliance, Partnerships with Visit HB, Homelessness, City of Kindness, and Thank You! to share the highlights of her year as Mayor. Presentations by outgoing Mayor Delgleize to colleagues Council/PFA Regular Minutes December 4, 2017 Page 7 of 10 Mayor Delgleize thanked her colleagues for their support and service to the City this past year. She stated that even though they do not always agree on every issue, they all ultimately act on what is best for the City. She presented a framed photo of the Most Surfers on a Paddle Out at Huntington Beach Pier to each Councilmember, City Manager Fred Wilson, and City Attorney Michael Gates. Mayor Delgleize presented a bouquet of flowers to City Council Administrative Assistant Cathy Fikes on behalf of the Council. At 7:11 PM, Councilmember Hardy returned to the dais. Conduct Election of Mayor for Ensuing Year Mayor Delgleize called for a motion to elect the new Mayor. A motion was made by Peterson, second Brenden to appoint Mayor Pro Tern Posey as Mayor of Huntington Beach for 2018. With no opposition, the motion passed by acclamation and there was a standing ovation for newly elected Mayor Mike Posey. Oath of Office to new Mayor The honorable Jim Silva, former Mayor, Huntington Beach, was called forward. He expressed his appreciation to outgoing Mayor Delgleize for her service, and acknowledged all former Huntington Beach Mayors who were in the audience: Peter Green, Cathy Green, Don MacAllister, Joe Carchio, Bob Mandic, Dave Garofalo and Jill Hardy. He then administered the Oath of Office to new Mayor Mike Posey. Presentation of gavel by outgoing Mayor Delgleize to new Mayor Outgoing Mayor Delgleize presented the ceremonial gavel to new Mayor Posey. Presentation of gift by new Mayor to outgoing Mayor Delgleize New Mayor Posey presented a Surfer Statue to outgoing Mayor Delgleize. New Mayor presides Mayor Posey presided over the remaining portion of the City Council meeting. Conduct Election of Mayor Pro Tempore for Ensuing Year New Mayor Posey called for a motion to elect new Mayor Pro Tempore A motion was made by Hardy, second Brenden, to nominate O'Connell as Mayor Pro Tempore for Huntington Beach for 2018. Without acclamation, a vote was requested. The motion failed by the following vote: AYES: O'Connell, Hardy, Brenden NOES: Semeta, Delgleize, Posey, and Peterson Mayor Posey called for an alternate motion to elect a new Mayor Pro Tempore. Council/PFA Regular Minutes December 4, 2017 Page 8 of 10 Councilmember Hardy called for Point of Order, stating that Resolution No. 6320 which outlines the selection process must be set aside by a majority before an alternate motion can be considered. City Attorney Michael Gates stated that the resolution itself is not binding on the Council if there is a majority vote to go in a different direction. A motion was made by Semeta, second Peterson to set aside Resolution No. 6320 that outlines the selection process for Mayor Pro Tem. The motion passed by the following vote: AYES: Semeta, Delgleize, Posey, and Peterson NOES: O'Connell, Hardy, Brenden A motion was made by Semeta, second by Posey, to nominate Peterson as Mayor Pro Tem. Prior to a vote, Councilmember Hardy invited former Mayor Peter Green to the podium to discuss the adoption of Resolution No. 6320 which provides an orderly and consistent process for determining the positions of Mayor and Mayor Pro Tempore. Council members Hardy and Brenden stated support to honor Resolution No. 6320 to preclude the appearance of a possible back room deal, to respect the voters, and to follow tradition. Mayor Posey called for the question. The motion as presented by Semeta passed -by the following vote: AYES: Semeta, Delgleize, Posey, and Peterson NOES: O'Connell, Hardy, Brenden Oath of office to new Mayor Pro Tempore City Clerk Robin Estanislau administered the Oath of Office to newly elected Mayor Pro Tempore Peterson. Comments by newly elected Mayor Mayor Posey presented a PowerPoint communication entitled Vision: 2018, with slides entitled: Role of the Mayor, Theme — Regain and Retain Local Control, Initiatives, Transparency, Communication (2), Quality of Life, Improve Regional Visibility — Regional Boards, Economic and Business Development, Public Safety, Special Events, and Looking forward to a great 2018! as he described his focus for 2018. Comments by newly elected Mayor Pro Tempore Mayor Pro Tem Peterson thanked outgoing Mayor Delgleize for her service. He stated he has a definite interest in supporting the City's businesses, as well as Mayor Posey's focus on transparency, and is honored to serve as Mayor Pro Tem. COUNCILMEMBER COMMENTS (Not Agendized) Councilmember Brenden acknowledged everyone who attended the recent groundbreaking ceremony for the All Inclusive Playground at 9th and Pacific Coast Highway (PCH). Councilmember Brenden thanked Former Mayor Delgleize for her dedication and service and presented her a bouquet of flowers. He congratulated incoming Mayor Posey and expressed his total support of the goal to regain and retain local control. Councilmember Brenden remembered two citizens who very recently passed away. JB Council/PFA Regular Minutes December 4, 2017 Page 9 of 10 Hume, a retired long-time Huntington Beach Police Officer, mentor, and co-founder of the Boy Scouts of America Huntington Beach Search and Rescue Post. Tim Alvarez, 92 years old and longtime Boy Scout Troop 1 leader, was born and raised in Huntington Beach. Every day he embodied the 12 points of the Scout Law. Councilmember Brenden requested this meeting be adjourned in honor of Mr. Hume and Mr. Alvarez. Councilmember Semeta thanked Former Mayor Delgleize for her exemplary performance in representing the City this past year. Councilmember Semeta congratulated Mayor Posey and stated her shared vision of a business and pension reform focus. Councilmember Semeta thanked the Rotary Club and Kiwanis for their major support and contributions for the All Inclusive Playground at 9th and PCH. She also reported attending the Light a Light of Love Parade and Snowflake Lighting at the Pier benefiting the Huntington Beach Youth Shelter. She congratulated Director Hopkins for receiving the Mayor's Award, and thanked Carol Woodworth for her service on the Finance Commission. She expressed her condolences to the family of Mr. Hume. Councilmember O'Connell thanked Former Mayor Delgleize for her outstanding service for the City, and expressed his interest in working with Mayor Posey in support of the business community and focusing on public safety issues. Councilmember O'Connell reported attending the Light a Light of Love Parade and Snowflake Lighting at the Pier and thanked the event organizers. Councilmember Hardy reported attending the All Inclusive Playground Groundbreaking at 9th and PCH and thanked the Rotary Club and Kiwanis for their major contributions to this project. Councilmember Hardy also attended the Light a Light of Love Parade and Snowflake Lighting at the Pier and thanked the event organizers. Councilmember Hardy expressed her condolences to both the Hume and Alvarez families. She thanked Former Mayor Delgleize for her service and welcomed her to the "Former Mayor" Club. She also congratulated incoming Mayor Posey and Mayor Pro Tem Peterson. Mayor Posey expressed his appreciation to outgoing Mayor Delgleize. Mayor Posey reported attending a Huntington Beach Downtown clean-up event, the All Inclusive Playground Groundbreaking at 9th and PCH, and thanked Former Mayor Joe Carchio for his efforts on the project. Mayor Posey also reported participating in the Light a Light of Love Parade, attending a Coastal Odors Committee meeting, and speaking at an Air Quality Management District (AQMD) meeting to share local area odor concerns. He also announced that an AQMD representative will soon be scheduled to provide an update on the coastal odor issue. Mayor Posey closed by thanking his fellow council members for their vote of support. ADJOURNMENT — 8:22 PM At 8:22 PM, the meeting was adjourned to the reception in meeting rooms adjacent to the Council Chambers in memory of JB Hume and Tim Alvarez. The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Monday, December 18, 2017, at 4:00 PM in the Civic Center Council Chambers, 2000 Main Street, Huntington Beach, California. 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