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HomeMy WebLinkAbout2018-02-05Minutes City Council/Public Financing Authority City of Huntington Beach Monday, February 5, 2018 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.surfcity-hb.org/government/agendas/ 4:00 PM - COUNCIL CHAMBERS CALLED TO ORDER — 4:00 PM ROLL CALL Present: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden 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 No. 2: PowerPoint presentation submitted by Police Chief Robert Handy, entitled City of Huntington Crime Statistics Report, and Email communication submitted by Police Chief Robert Handy, entitled Crime Statistics - Huntington Beach, California - History and Overall Climate of Crime, prepared for the City of Huntington Beach by Robert M. Lehner, January 5, 2018 Mayor Posey announced that Councilmember Brenden has withdrawn his item regarding Short Term Vacation Rentals from the agenda, and that topic would not be addressed at this meeting. PUBLIC COMMENTS PERTAINING TO STUDY SESSION I CLOSED SESSION ITEMS --- None STUDY SESSION 1. Joint Study Session held between the City Council of Huntington Beach and the Investment Advisory Board (IAB). The Investment Advisory Board and City Treasurer made a presentation of the FY16-17 annual report, as it relates to the City of Huntington Beach's investment management. ROLL CALL OF THE INVESTMENT ADVISORY BOARD: Present: Rob Sternberg, Jennifer Handy, Scott Dowds, John Piekarski, and Mark Ellett Absent: Lydia Dupont, and A.J. DlLlberto Council/PFA Regular Minutes February 5, 2018 Page 2 of 10 Mayor Posey thanked the Investment Advisory Board members, and City Treasurer Cutchen, for their service and dedication. 2. Police Chief Robert Handy and retired Police Chief and Consultant Bob Lehner provided a Crime Rate Presentation City Manager Wilson and Police Chief Handy introduced Bob Lehner, former police chief and independent expert on crime rates and reporting, Julie Romano, Huntington Beach Police Department Crime Analyst, and Captain Brian Seitz. Chief Handy briefly discussed the process to compile the information and produce the statistics. Bob Lehner presented a PowerPoint communication entitled Crime Statistics Report with slides entitled: Report in Two Parts, Comparing Crime across Jurisdictions, Basic Findings/Conclusions, Violent Crime Rate, Property Crime Rate, Violent Crime, Property Crime, Strategic Implications, 2017 Part I Crimes, What is UCR?, Part I Crimes, Part 1 Comparison Last Year/This Year, Sexual Assaults/Rape, Robberies, Aggravated Assaults, 2017 Traffic Accident Information, and Summary. Councilmember O'Connell and Mr. Lehner discussed how the crime numbers were calculated and categorized and the methodology used for this presentation. Councilmember Brenden and Mr. Lehner discussed the effect of the passage of AB109 and Prop 47, which in Mr. Lehner's opinion, increases crime rates. Councilmember Semeta and Ms. Ramon discussed rules of hierarchy to determine the level (high versus low) for crime reporting. Councilmember Semeta and Mr. Lehner discussed that a "trend" of increased crime cannot be determined by looking at just one year. Mayor Pro Tern Peterson thanked the presenters for clarifying that when the City's crime numbers are low to begin with, a small increase of two or three incidents can appear to be a twenty -percent (20%) increase. Mayor Pro Tern Peterson requested, and Chief Handy agreed, that this type of report should be presented to the City Council at least annually. Councilmember Delgleize and Mr. Lehner discussed in more detail the effects of Prop 47 and possible amendments that are currently being considered by the state legislature. Police Chief Handy closed the presentation by stating that every single day the Huntington Beach Police Department is addressing the challenges that exist. Mayor Posey requested future information on whether specific crimes reported year-to-year are by repeat offenders. Councilmember Delgleize stated she would like to hear specifics on how the Police Department plans to meet the identified challenges for a better understanding of how the City Council can support their plans. RECESSED TO CLOSED SESSION — 4:56 PM A motion was made by O'Connell, second Semeta to recess to Closed Session for Items 3 — 5. With no objections, the motion carried. Mayor Posey 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 Council/PFA Regular Minutes February 5, 2018 Page 3 of 10 will be participating in today's Closed Session discussions regarding labor negotiations with: Huntington Beach Police Officers' Association (POA), Police Management Association (PMA), Municipal Employees' Association (MEA) and Management Employees' Organization (MEO), and Surf City Lifeguard Employees' Association (SCLEA). CLOSED SESSION 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). 4. Pursuant to Government Code § 54957.6, the City Council recessed into Closed Session to meet with its designated labor negotiators and Fred Wilson, City Manager, regarding the following: Huntington Beach Police Officers' Association (POA), Police Management Association (PMA), Municipal Employees' Association (MEA), Management Employees' Organization (MEO), and Surf City Lifeguard Employees' Association (SCLEA). S. 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, Court of Appeal Case No. G055788. 6:00 PM — COUNCIL CHAMBERS RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING — 6:00 PM ROLL CALL Present: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden Absent: None Mayor Posey announced that Councilmember Brenden has withdrawn his item regarding Short Term Vacation Rentals from the agenda, and that topic would not be addressed at this meeting. PLEDGE OF ALLEGIANCE — Led by Mayor Pro Tem Peterson INVOCATION -- Maria Khani of the Islamic Society of Orange County 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 Gates reported on Closed Session Item No. 5, John Briscoe v. City of Huntington Beach, by a vote of 7-0, the City Council authorized action to file a petition for the California Supreme Court, Review. AWARDS AND PRESENTATIONS Mayor Posey presented a commendation to Ed Laird of Laird Coatings for celebrating more than 40 years of business in Huntington Beach. Laird Coatings employs about 100 individuals, and was instrumental in developing the process to successfully apply water -based paints to plastic products. Mr. Council/PFA Regular Minutes February 5, 2018 Page 4 of 10 Laird makes numerous charitable contributions, plus has served on the Board of the Boy Scouts for 35 years, serves on the Bolsa Chica Conservancy Board, and is one of the founders of the Orange County Business Council. 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: City Treasurer's Report: Item No. I — PowerPoint communication submitted by Alisa Cutchen, City Treasurer, entitled City of Huntington Beach Quarterly Treasurer's Report. Consent Calendar: Item No. 5 — Email communication received from Antonia Graham, Assistant to the City Manager, submitting a correction to the Financial Impact and Recommended Action sections of the Request for Council Action. Councilmember Items Item No. 19 — Email communication received from Alan Kornicks. PUBLIC COMMENTS (3 Minute Time Limit) --12 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. Gregory Panas, a 10-year resident, was called to speak and shared his opinion that by denying operations to the cannabis industry, the City then becomes a target for the backpack dealers. (01:06:11) Jon Paul White, Keep Orange Red, was called to speak and announced that Keep Orange Red is organizing in the area. (01:10:02) Teresa Carlisle, Chair, Huntington Beach Art Center Steering Committee, was called to speak and invited everyone to the current exhibition, Centered on the Center. This exhibit includes over 300 pieces of artwork representing many different media types from 200 local artists. (01:10:12) Dave Humphreys, President, Huntington Beach Police Officers' Association, was called to speak and shared his opinions on some statistics related to police staffing and crime reports. He asked for the City Council's assistance in helping to make the Police Department healthy again. (01:11:44) Devin Dwyer, a resident of over 50 years and former City Council member, was called to speak and stated his support of Police Chief Handy. Mr. Dwyer announced that he has set up a political action group entitled The Truth in Public Safety Unions. (01:14:58) Miguel Prieto, Huntington Beach Police Officers' Association Member, was called to speak and shared his opinions on crime statistics and police staffing levels. (01:17:09) Kathryn Levassiur, resident for 18 years and founding member of the Huntington Beach Short Term Rental Alliance, was called to speak and stated her support of the hosted short term rental item pulled from the agenda. She asked that this item be brought back and voted upon at the next City Council meeting. (01:20:14) Council/PFA Regular Minutes February 5, 2018 Page 5 of 10 Shelly Love, a lifetime resident, was called to speak and stated her support for hosted short term rental boundaries. (01:23:13) Gloria Alvarez, Huntington Beach Preserve Our Past, was called to speak and invited everyone to visit the Main Street Public Library to see the newest display, Growing Up With Oil. This fascinating display documents the history of oil in Huntington Beach through pictures and artifacts. (01:24:54) Barbara Haynes, Huntington Beach Preserve Our Past, was called to speak and also encouraged everyone to see the newest display, Growing Up With Oil. (01:27:05) Shayna Lathus, long-time resident, was called to speak and stated her appreciation to the Council for continuing the Surf City Marathon, Half Marathon and 5K. Ms. Lathus also stated her opinion that the Wintersburg site should remain as historical property. (01:27:35) John Briscoe, resident and elected School Board Trustee, was called to speak and stated his support for the Art Center's school art curricular training program. Mr. Briscoe also voiced his opinion on the waste of time and money in the Briscoe v Huntington Beach legal case, as well as his personal objection to the possible sale of the Wintersburg property. (01:29:24) COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS, AB 1234 REPORTING, AND OPENNESS IN NEGOTIATIONS DISCLOSURES Councilmember Delgleize reported attending an Orange County Transportation Authority (OCTA) Board meeting, a meeting of the Regional Highways Commission, and the groundbreaking event for the 405 Freeway Project. Councilmember Semeta reported attending the West Orange County Water Board (WOCWB) meeting where Mayor Posey was elected Chair, a Chamber of Commerce Government Affairs committee meeting, the Intergovernmental Relations Committee (IRC) meeting in Huntington Beach, and a Southeast Area Committee meeting. Councilmember O'Connell reported attending meetings of the Commission to End Homelessness, Housing Development Commission, Port of Long Beach Pier B and Dock Rail project, and Association of California Cities - Orange County (ACC-OC). Councilmember Brenden reported attending Public Cable Television Authority (PCTA), Ad Hoc Committee on Homelessness, Ad Hoc Committee on Coastal Odors, Air Traffic Noise Working Group, and Council on Aging meetings; visiting a homeless service campus in San Antonio with Councilmember Delgleize, and meeting with a representative of the Huntington Beach Firefighters' Association. Mayor Posey reported attending a West Orange County Water Board (WOCWB) meeting with Councilmember Semeta. CITY MANAGER'S REPORT City Manager Fred Wilson reported on the success of the Surf City Marathon held on Sunday, February 4t„. Experienced by over 15,000 participants, City Manager Wilson indicated no public safety issues occurred, and gave thanks to Police, Fire, Community Services and the Public Works departments for their involvement in the event. Council/PFA Regular Minutes February 5, 2018 Page 6 of 10 1. Received and filed the City Treasurer's December 2017 Quarterly Investment Summary Report City Treasurer Alisa Cutchen presented a PowerPoint communication entitled: City of Huntington Beach Quarterly Treasurer's Report with slides entitled Market Overview - 12131117, Overview of City Investments, Portfolio Summary as of 913012017, Investments by Type, Monthly Earnings - October 2016 to September 2017, Portfolio Eamings - as of September 30, 2017, and Compliance. A motion was made by O'Connell, second Hardy to receive and file the City Treasurer's Quarterly Investment Report for December 2017, pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach. The motion carried by the following vote: AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None CITY ATTORNEY'S REPORT 2. Updates provided on City of Huntington Beach v. Pharmaceutical Companies -- Filing an action against the drug manufacturers of various forms of prescription opioids, which are consumed on a mass scale in Huntington Beach, to recover the City's increased costs of providing emergency services for drug overdoses and other opioid related health and safety concerns. City Attorney Gates announced that today filed on behalf of the City of Huntington Beach against various drug companies seeking to recover the increased costs of providing emergency services to the City of Huntington Beach for the opioid use epidemic and related overdoses and need for paramedic services, County of Orange Case No. 30-2014-00725287-CU-BT-CXC, People of the State of California vs. Purdue Pharma, The Purdue Frederick Company, Teva Pharmaceuticals, Cephalon, Johnson & Johnson, Jansen Pharmaceuticals, Endo Health Solutions, Activist PLC, Watson Pharmaceuticals, McKesson Corporation, Cardinal Health, and AmerisourceBergen. City Attorney Gates also provided an update on the recent Kennedy Commission land use decision where the Supreme Court denied review of the lower court's decision which was in the City's favor; and, reported a favorable defense verdict in the case of Kang vs. City of Huntington Beach. CONSENT CALENDAR Councilmember Semeta pulled Consent Calendar Item No. 4 for further discussion. Mayor Posey pulled Consent Calendar Item No. 8 for further discussion. 3. Approved and adopted minutes A motion was made by Hardy, second Delgleize to approve and adopt the City Council/Public Financing Authority regular meeting minutes and special meeting minutes of the Housing Authority, Parking Authority and Successor Agency dated January 16, 2018, as written and on file in the Office of the City Clerk. Council/PFA Regular Minutes February 5, 2018 Page 7 of 10 The motion carried by the following vote: AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None 4. Approved and accepted a donation from The Friends of the Huntington Beach Public Library (FOTL) in the amount of $138,500 for the purchase of books, eBooks and other library resources Councilmember Semeta pulled this item to express gratitude for all of the volunteers whose time made this generous donation possible. Councilmember Brenden also expressed appreciation for the Friends of the Library volunteers. He stated that to the best of his knowledge, the volunteer hours are the equivalent of 29 full-time positions, and their financial contribution since 2002 is in excess of $2M. A motion was made by Semeta, second Peterson to approve and accept the donation from the Friends of the Huntington Beach Public Library, allocating $138,500 to Adult Donations account 10350102.64455. The motion carried by the following vote: AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None 5. Accepted and appropriated funds from the State of California Natural Resources Agency Department of Parks and Recreation for the Central Park Trail Rehabilitation; and, authorized execution of a Deed Restriction A motion was made by Hardy, second Delgleize to authorize the City Manager or his designee to accept grant funds from the California Natural Resources Agency Department of Parks and Recreation; and, accept and appropriate $35,000 from the State of California, and appropriate an additional $35,000 in the Parks Acquisition and Development Fund to meet the local match requirement; and, approve and authorize the Mayor and City Manager to execute a Deed Restriction on a portion of the Central Park Trail. The motion carried by the following vote: AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None 6. Adopted Resolution No. 2018-06 approving the Fiscal Year 2018/2019 Investment Policy A motion was made by Hardy, second Delgleize to adopt Resolution No. 2018-06, "A Resolution of the City Council of the City of Huntington Beach Approving the Statement of Investment Policy 2018." The motion carried by the following vote: AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None Council/PFA Regular Minutes February 5, 2018 Page 8 of 10 7. Approved and authorized execution of a Memorandum of Understanding (MOU) between the City of Huntington Beach and Project Self -Sufficiency (PS-S) A motion was made by Hardy, second Delgleize to approve and authorize the Mayor and City Clerk to execute a "Memorandum of Understanding Between the City of Huntington Beach and Project Self - Sufficiency." The motion carried by the following vote: AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None 8. Approved the appointment of Marie Knight to the position of Director of Community Services and authorized the City Manager to execute the Employment Agreement Mayor Posey pulled Item No. 8 to invite Ms. Knight to the podium to introduce herself. Ms. Knight stated she has experience with the cities of Garden Grove, Orange, Newport Beach, and is leaving the city of Long Beach to begin this position on February 26th. A motion was made by Brenden, second Delgleize to approve and authorize the City Manager to execute the "Employment Agreement Between the City of Huntington Beach and Marie Knight" for the position of Director of Community Services. The motion carried by the following vote: AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None 9. Adopted Ordinance No. 4147 amending Section 7.04.010 and repealing Section 7.04.020 and Chapter 7.08 of the Huntington Beach Municipal Code (HBMC) relating to the adoption of County Animal Control Ordinances Approved for Introduction 1-16-2018, Vote: 7-0 A motion was made by Hardy, second Delgleize to adopt Ordinance No. 4147, "An Ordinance of the City of Huntington Beach Amending Section 7.04.010 and Repealing Section 7.04.020 and Chapter 7.08 of the Huntington Beach Municipal Code Relating to the Adoption of County Animal Control Ordinances." The motion carried by the following vote: AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None PUBLIC HEARING 10. Adopted Resolution No. 2018-03 adopting Amendments to the 2015 Urban Water Management Plan (UWMP). City Manager Wilson introduced Principal Civil Engineer Duncan Lee who presented a PowerPoint communication entitled Amendments to 2015 Urban Water Management Plan, with slides titled: What is an Urban Water Management Plan?, Why Need an Urban Water Management Plan?, Results of Changes Due to Comments from DWR, Sources of Water?, Water Being Conserved, Surplus Water Available Over Next 25 Years?, Recommendation, and Questions & Answers. Council/PFA Regular Minutes February 5, 2018 Page 9 of 10 Councilmember Brenden and Engineer Duncan discussed details related to past and projected water usage. Mayor Posey opened the Public Hearing. City Clerk Robin Estanislau announced receipt of supplemental communication for this item: A PowerPoint communication submitted by Duncan E. Lee, Principal Civil Engineer, entitled Amendments to the 2015 Urban Water Management Plan (UWMP). City Clerk Estanislau announced there were no speakers signed up to speak. Mayor Posey closed the Public Hearing. A motion was made by O'Connell, second Delgleize to adopt Resolution 2018-03, "A Resolution of the City Council of the City of Huntington Beach Adopting the Amendments to the Adopted 2015 Urban Water Management Plan Pursuant to AB797 and SB1011." The motion carried by the following vote: AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None COUNCILMEMBER ITEMS 44: ITEM WITHDRAWN! AppFeyed item Submitted by Gear embe r Brenden Shorn Term ]/.Gabon Rental_(STVR) Ordinance COUNCILMEMBER COMMENTS (Not Agendized) Mayor Pro Tem Peterson reported that Community Development staff and Councilmembers have been visiting key city businesses to share ways that the City and Council can help them be successful. The most recent visit was to Newlight Technologies, a fascinating company that is planning world-wide expansion from their Huntington Beach headquarters. He thanked Kellee Fritzal, Deputy Economic Development Director, for setting up business tours and exposing Councilmembers to the varied and growing businesses within the City. He also suggested that Police Chief Handy ensure that the Huntington Beach Police Officers' Association (HBPOA) Board receives a copy of the Crime Rate report that was presented during Study Session, and be made aware of the fact that it only takes 2 or 3 more incidents to produce a twenty percent (20%) increase when the numbers are low to begin with. Councilmember Hardy thanked staff for the successful Surf City Marathon, and stated her appreciation to the Orange County Sheriffs Department for being involved in keeping everyone safe. Councilmember Brenden reported attending the pre -opening event at HQ Gastropub, the Huntington Beach Chamber of Commerce Best of HB Awards Dinner and the Orange County Transportation Authority (OCTA) Commencement of the 1-405 Improvement Project. He also attended the KinderVision local TGS golf tournament, the Newlight Technologies tour, the Children's Library Annual Writing and Illustrating Contest awards ceremony, the Chamber Foundation Ribbon Cutting, a meeting of the Surf City USA LA 2028 Task Force, and the Surf City USA Marathon. He concluded his comments by thanking Mr. Laird for his 30+ years of service to the Boy Scouts both at the National and Local levels. Council/PFA Regular Minutes February 5, 2018 Page 10 of 10 Councilmember Semeta reported representing the City at the ceremony where the street banner for Firefighter Senior Airman Timothy Joe Dotson was taken down and presented to the family. She thanked the Police and Fire Departments, Communications Officer Julie Toledo, as well American Legion Post 133 for making this a special ceremony. She also attended the HQ Gastropub Pre -Opening Event, the Art Center's newest exhibit, co -hosted with Mayor Posey and Mayor Pro Tern Peterson the Business Roundtable for the custom vehicle industry within the City, and the Surf City USA LA 2028 Task Force meeting. Councilmember Delgleize reported attending the Children's Library Annual Writing and Illustrating Contest awards ceremony, the Surf City USA Marathon, and she had a cameo appearance in the video that Steven Jones, Garden Grove Mayor, created as part of his State of the City report. Councilmember O'Connell reported attending the Surf City USA Marathon and thanked City staff and first responders for a safe event, and participating in the 1/2 Marathon. He also attended the ceremony for Firefighter Senior Airman Timothy Joe Dotson, the County of Orange 2018 State of the County presentation by the Honorable Andrew Do, Supervisor, First District and Chairman of the Board of Directors, the Huntington Beach Chamber of Commerce Best of HB Awards Dinner, the Ad Hoc Committee on Homelessness, and the Ad Hoc Committee on Coastal Odors. Mayor Posey reported making his State of the City presentation to the Huntington Beach Lions Club, participating in the Newlight Technologies tour, attending the Garden Grove Chamber of Commerce State of the City luncheon, the KinderVision TGS golf tournament, the Hot Rod Industry Business Roundtable with Councilmembers Peterson and Semeta which was organized by Deputy Director Fritzal, and reported enjoying the festivities for the Surf City USA Marathon, and shared a brief video of some of the event's highlights. ADJOURNMENT — 7:17 PM Mayor Posey announced a Town Hall Meeting regarding a Housing Update has been scheduled for 9:00 AM, Saturday, February 10, 2018, in Council Chambers, 2000 Main Street, Huntington Beach, CA, and a Strategic Planning Session scheduled for 8:00 AM, Tuesday, February 13, 2018, at Huntington Central Library, 7111 Talbert Avenue, Huntington Beach, CA. The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Tuesday, February 20, 2018, at 4:00 PM in the Civic Center Council Chambers, 2000 Main Street, Huntington Beach, California. ATTEST: Ci y Clerk-SecretaA0 ry ", �&&adj" City CTerR and ex-officio Clerk of the City Council of the City of Huntington Beach and Secretary of the Public Financing Authority of the City of Huntington Beach, California ay - air