HomeMy WebLinkAbout2018-02-20Minutes
City Council/Public Financing Authority
City of Huntington Beach
Tuesday, February 20, 2018
4:30 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/governmentlagendas/
4:30 PM - COUNCIL CHAMBERS
CALLED TO ORDER — 4:30 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. 1:
A PowerPoint communication received from Deputy Director of Economic Development Kellee Fritzal
entitled Huntington Beach Air Show 2017.
PUBLIC COMMENTS PERTAINING TO STUDY SESSION / CLOSED SESSION ITEMS
(3 Minute Time Limit) — None
STUDY SESSION
1. Presentation of high level fiscal impact analysis of the Huntington Beach Air Show
City Manager Wilson introduced Deputy Director Kellee Fritzal and Visit Huntington Beach President and
CEO Kelly Miller who presented a PowerPoint communication entitled Huntington Beach Airshow 2017
with slides entitled: Staff & VHB Task, Report Overview, Financial Reporting, Economic Impact. -
Restaurants, Economic Impact: Apparel, Economic Impact: Lodging (3), City Financial Impact, Digital
Marketing: VHB Website, Positive Media Coverage (4), Business Community, Corporate Hospitality,
2018 Huntington Beach Airshow, and Questions.
Councilmember Delgleize and Mr. Miller discussed the level of corporate hospitality during the event, and
how it may support opportunities for new events in the future.
Councilmember Brenden recognized the success of the event, and reviewed opportunities for financial
growth including increased sales and transient occupancy (hotel) taxes.
Council/PFA Regular Minutes
February 20, 2018
Page 2 of 15
Councilmember Semeta and Mr. Miller discussed details regarding the value of event ads, media, etc.
being equivalent to approximately $1.5M in paid advertising.
Councilmember O'Connell complimented staff on the successful event and stated his anticipation for this
year's better and bigger show.
Mayor Posey and Deputy Director Fritzal discussed the benefits of moving the event closer to Main
Street, including increased apparel sales. Deputy Director Fritzal confirmed receiving nothing but
positive comments by business owners following the event. Mayor Posey and Interim Community
Services Director Dave Dominguez discussed the increased parking occupancy due to the Air Show.
RECESSED TO CLOSED SESSION — 4:48 PM
A motion was made by Brenden, second Semeta, to recess to Closed Session for Items 2 and 3. 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
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
2. 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).
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 COUNCIL/PUBLIC FINANCING AUTHORITY MEETING — 6:00 PM
ROLL CALL
Present: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden
Absent: None
PLEDGE OF ALLEGIANCE — Led by Councilmember O'Connell
INVOCATION — Given by Maneck Bhujwala, member of the Greater Huntington Beach Interfaith Council
In permitting a nonsectarian invocation, the City does not intend to proselytize or advance
any faith or belief. Neither the City nor the City Council endorses any particular religious
belief or form of invocation.
Council/PFA Regular Minutes
February 20, 2018
Page 3 of 15
CLOSED SESSION REPORT BY CITY ATTORNEY — None
AWARDS AND PRESENTATIONS
Mayor Posey called on Victoria Alberty (Waggin Trails Rescue) to present the Adoptable Pet of
the Month. Victoria introduced Karen of Top Dog Barkery who provided details about Freddy Freckles,
an energetic 1 % year old mix who would be good with a family that has a yard. Further details can be
found at www.waggintrails.org or www.topdogbarkery.net.
Mayor Posey presented a proclamation to Jean Nagy of the Huntington Beach Tree Society to
declare Arbor Day on Wednesday, March 14, 2018. Ms. Nagy accepted the proclamation and
explained that in California two Arbor Days are celebrated: National Arbor Day on the last Friday of Earth
Week, and State Arbor Day in March. Ms. Nagy announced that students from Moffett Elementary
School will plant trees at Drew Park on Wednesday, March 14, and Huntington Beach Central Library will
have a showing on Saturday, February 24, at 4 p.m. of a new documentary about the trees and parks of
Huntington Beach created by Huntington Beach resident Matt Hanlon.
Mayor Posey called on Director of Public Works Travis Hopkins who presented the Mayor's
Award to Transportation Manager Bob Stachelski. Mr. Stachelski began his employment with the
City in 2000 as an Associate Traffic Engineer and was soon promoted to Transportation Manager. He is
responsible to review larger development projects within the City, which involves coordinating with
Development Services, Police, Fire and Public Works departments. He has also been working with
Orange County Transportation Authority (OCTA) on the 405 Freeway improvement project. Mr.
Stachelski and his staff have been instrumental in the receipt of over $15M in grants for street
improvements and traffic safety within the City. Mayor Posey thanked him for the detailed information he
provided for the decision of whether the City could save money by owning the street lights. Mr.
Stachelski thanked his team, the staff of other City departments as well as Director Hopkins and his own
family for their support.
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:
Consent Calendar:
Item No. 1— Communication received from City Clerk Robin Estanislau submitting a revision to the
February 5, 2018, minutes regarding Councilmember Brenden's statements made under the
Councilmember Comments section.
Item No. 5 — Twenty (20) Email communications received from
Richardson Gray (2)
Gina J. Bruno
Rob Pool
Jason Ruhland
Shaun Land
Elizabeth Esparza
Cathy Haro (2)
Dave Mitchell
David Cicerone
Scott Sailers
Althea Santucci
Kirk J. Nason
Stacy Brookhyser
T. Pool
Melissa
Moe Kanoudi
Chris and Suzanne Hart
Ronald Higby
Council Member Items:
Item No. 9 — Email communications received from:
Marquille Randall Dan Jamieson Laurence Elfenbein
Council/PFA Regular Minutes
February 20, 2018
Page 4 of 15
PUBLIC COMMENTS (3 Minute Time Limit) — 32 Speakers
The number(hh:mm:ss] following the speakers' comments indicates their approximate starting time in
the archived video located at http://www.surfcity-hb.org/govemment/agendas.
Gino J. Bruno, a long-time resident of Huntington Beach, was called to speak and stated his support for
Consent Calendar Item No. 5, authorizing execution of the updated Employment Agreement for the
position of Police Chief for five years. (00:41:21)
Devin Dwyer, a resident of over 50 years and former City Councilmember, was called to speak and
stated his support for Consent Calendar Item No. 5, authorizing execution of the updated Employment
Agreement for the position of Police Chief for five years. (00:44:43)
Sue Gordon, a 16-year resident, was called to speak and stated her support for Consent Calendar Item
No. 5, authorizing execution of the updated Employment Agreement for the position of Police Chief for
five years. (00:47:36)
Omar Faria, resident of over 30 years, retired Lieutenant, Orange County Sheriffs Department, was
called to speak and stated his opposition to Consent Calendar Item No. 5, authorizing execution of the
updated Employment Agreement for the position of Police Chief for five years. (00:49:19)
Tony Soriano, a resident for over 33 years, was called to speak and stated his support for
Councilmember Item No. 9 regarding opposition to the Administration's plan to lift the ban on offshore oil
drilling along the Huntington Beach coastline. (00:52:38)
John Etheridge, a committed volunteer for nearly 15 years, was called to speak and stated his opposition
to the Huntington Beach Police Officers' Association (HBPOA) campaign against Police Chief Handy,
which in his opinion has done nothing more than divide the City under questionable statistics and
underhanded tactics. (00:55:52)
Martie Etheridge, mother of John Etheridge, was called to speak and stated her support for Consent
Calendar Item No. 5, authorizing execution of the updated Employment Agreement for the position of
Police Chief for five years. (00:58:51)
Ron Sterud, Huntington Beach native whose family has lived here for over 100 years, and Huntington
Beach City Council Candidate in 2018, was called to speak and in reference to Public Hearing Item No. 7
regarding the mixed -use Downtown development, stated his opposition to a decision that would increase
the Downtown area parking issues, and that in his opinion developers should be required to
accommodate all parking needs and affordable housing requirements rather than pay in lieu fees. Mr.
Sterud also spoke in support of Police Chief Handy. (01:02:03)
C. J. Ray, a life-long resident and Huntington Beach City Council Candidate in 2018, was called to speak
and stated his opinion that Police Chief Handy's employment agreement should be postponed for 90 to
120 days and then re-evaluated to allow time to properly consider and implement the changes
recommended in the recent study. (01:04:49)
Patrick Kelly, Teamsters Local 952 member, was called to speak and stated his support for
Councilmember Item No. 9 regarding opposition to the Administration's plan to lift the ban on offshore oil
drilling along the Huntington Beach coastline. Mr. Kelly also stated his opinion that the message is
disrespect to the rank and file staff if a five-year contract is approved for the Police Chief position.
(01:08:20)
Council/PFA Regular Minutes
February 20, 2018
Page 5 of 15
John Partington, a resident for over 33 years, was called to speak and stated his support for Consent
Calendar Item No. 5, authorizing execution of the updated Employment Agreement for the position of
Police Chief for five years. (01:11:37)
Yasha Nikitin, Vice President, Huntington Beach Police Officers' Association (HBPOA), was called to
speak and shared his opinion that it is unfortunate that immediately after the Management Partners
report City Council is planning to approve an updated Employment Agreement for the position of Police
Chief for five years. (01:14:20)
Miguel Prieto, Huntington Beach Police Officers' Association (HBPOA) member, was called to speak and
stated his opinion that the Management Partners report has put a spotlight on the gross mismanagement
in the Police Department. He believes it is now time for the elected leaders to make policing and safety a
priority. (01:17:04)
Dave Humphreys, Huntington Beach Police Officers' Association (HBPOA) President, was called to
speak and asked why there appears to be a rush to solidify the contract with the Police Chief under the
current turmoil. Mr. Humphreys recommended a one-year contract extension which includes some
benchmarks to evaluate performance and work towards returning to a healthy Huntington Beach Police
Department. (01:19:58)
Dennis Hashin, Huntington Beach Police Officers' Association (HBPOA) member, was called to speak
and stated his opposition to Consent Calendar Item No. 5, authorizing execution of the updated
Employment Agreement for the position of Police Chief for five years. (01:23:00)
Amory Hanson, 2018 Candidate for City Council, was called to speak and stated his support for Consent
Calendar Item No. 5, authorizing execution of the updated Employment Agreement for the position of
Police Chief for five years, and opposition to Council Member Item No. 9, regarding the Administration's
plan to lift the ban on offshore oil drilling along the Huntington Beach coastline. (01:25:50)
Rosalind Price, lifetime resident, was called to speak and voiced her concerns about the rising number of
homeless people in the community, including her personal experience of being accosted by a homeless
individual, and asked that the City Council focus on restoring safety for the streets and parks of
Huntington Beach. (01:28:03)
Nancy Buchoz, resident of 40 years, was called to speak and stated her support for Consent Calendar
Item No. 5, authorizing execution of the updated Employment Agreement for the position of Police Chief
for five years. (01:31:15)
Cari Swan was called to speak and stated her support for Consent Calendar Item No. 5, authorizing
execution of the updated Employment Agreement for the position of Police Chief for five years, and
opposition to Public Hearing Item No. 7 related to the proposed mixed use development project in the
Downtown area because in her opinion in lieu parking fees should not be allowed. (01:34:07)
James Torres, resident for 25 years, was called to speak and stated his opinion that the police conflict
must be mediated, and he has confidence in the Council members and staff to do just that. (01:37:07)
Eva Weisz was called to speak and stated her support for Consent Calendar Item No. 5, authorizing
execution of the updated Employment Agreement for the position of Police Chief for five years, and
opposition to Council Member Item No. 9, regarding opposition to the Administration's plan to lift the ban
on offshore oil drilling along the Huntington Beach coastline. (01:40:47)
Council/PFA Regular Minutes
February 20, 2018
Page 6 of 15
Margaret Etheridge-Ureno, a resident for over 13 years, was called to speak and stated her support for
Consent Calendar Item No. 5, authorizing execution of the updated Employment Agreement for the
position of Police Chief for five years. (01:43:32)
Rob Pool, long-time Huntington Beach resident, was called to speak and stated his support for Consent
Calendar Item No. 5, authorizing execution of the updated Employment Agreement for the position of
Police Chief for five years. (01:45:09)
Gloria Alvarez, resident of the Downtown area, was called to speak and stated her support for Consent
Calendar Item No, 5, authorizing execution of the updated Employment Agreement for the position of
Police Chief for five years. (01:47:31)
Victor Valladares, Oak View ComLINIDAD, was called to speak and stated his support for Police Chief
Handy, and questioned some of the information, that in his opinion is false, that is coming from the
Huntington Beach Police Officers' Association (HBPOA). (01:49:15)
Josh Lowenthal, resident of the Harbour, was called to speak and stated his support for Council Member
Item No. 9, regarding opposition to the Administration's plan to lift the ban on offshore oil drilling along
the Huntington Beach coastline, and his support of the suggestion to consider an extension of the Police
Chiefs Employment Agreement in order to allow time to find common ground. (01:52:21)
Kathy Carrick, resident for 43 years, was called to speak and stated her support for Consent Calendar
Item No. 5, authorizing execution of the updated Employment Agreement for the position of Police Chief
for five years. (01:55:36)
Richard Plummer, a 30+ year resident of Downtown, was called to speak and stated his opposition to
Public Hearing Item No. 7 regarding the Downtown mixed use development project because in his
opinion there is no direction to staff about alcohol licenses, and it is not appropriate to place a four-story
building in the middle of a single -story residential neighborhood. (01:57:51)
Bruce Wareh, resident for 28 years, was called to speak and stated his support for Consent Calendar
Item No. 5, authorizing execution of the updated Employment Agreement for the position of Police Chief
for five years. (02:01:05)
John Earl was called to speak and stated his support for Consent Calendar Item No. 5, authorizing
execution of the updated Employment Agreement for the position of Police Chief for five years.
(02:04:30)
Peter Teichmann, Huntington Beach Police Officer for 12 years, was called to speak and stated his
opposition to Consent Calendar Item No. 5, authorizing execution of the updated Employment
Agreement for the position of Police Chief for five years. (02:05:59)
Kim Kramer, Huntington Beach resident, was called to speak and stated his support for Consent
Calendar Item No. 5, authorizing execution of the updated Employment Agreement for the position of
Police Chief for five years. (02:07:02)
COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS, AB 1234 REPORTING, AND
OPENNESS IN NEGOTIATIONS DISCLOSURES
Mayor Pro Tem Peterson announced his appointment of Nancy Buchoz to the Citizen's Infrastructure
Advisory Board (CIAB) to replace Mary Urashima who recently resigned.
Council/PFA Regular Minutes
February 20, 2018
Page 7 of 15
Councilmember Hardy announced that she has not yet selected her appointee to the CIAB, and reported
meeting with the Huntington Beach Police Officers' Association (HBPOA).
Councilmember Semeta reported attending the Historic Resources Board meeting as Council Liaison
where the Board voted to support efforts to restore the historic Wintersburg site, and the Orange County
Business Council installation of their new Board and Chairman.
Councilmember O'Connell reported meeting with members of the Huntington Beach Police Officers'
Association (HBPOA), attending the Orange County Business Council installation of their new Board,
and observed the Federal Court proceedings against the County related to the issue of removing
homeless individuals from the Santa Ana River Trail to prevent these individuals from being pushed into
surrounding communities.
Councilmember Delgleize reported attending the Association of California Cities — Orange County
(ACC-OC) Metropolitan Water District — California Fix breakfast, the Orange County Business Council
installation of their new Board, and the ACC-OC Homeless Partnership Dinner.
Councilmember Brenden reported attending the Downtown Business Improvement District Board
meeting, the ACC-OC Homeless Partnership Dinner, and stated he is pleased with the efforts that the
County is making to deal with the issues related to the homeless.
Mayor Posey reported meeting with members of the Huntington Beach Police Officers' Association
(HBPOA), the Orange County Business Council installation of their new Board, an Orange County
Sanitation District Administrative Committee meeting, and a Vector Control meeting where an individual
shared their personal experience dealing with West Nile Virus.
CITY MANAGER'S REPORT — None
CONSENT CALENDAR
Councilmember O'Connell pulled Item No. 5 for further discussion.
1. 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 February 5, 2018, as written and on file in the Office
of the City Clerk.
The motion, as amended by Supplemental Communication, carried by the following vote:
AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden
NOES: None
2. Received and filed the City Clerk's Quarterly listing of Contracts filed in the City Clerk's
office between October 1, 2017, and December 31, 2017
A motion was made by Peterson, second Semeta 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, 2017,
through December 31, 2017."
The motion carried by the following vote
Council/PFA Regular Minutes
February 20, 2018
Page 8 of 15
AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden
NOES: None
3. Approved and authorized execution of a five-year License Agreement with Southern
California Edison (SCE) for the City's use of properties known as Langenbeck Park and
Edison Community Park
A motion was made by Peterson, second Semeta to approve the "License Agreement" effective 4/1/2018
with Southern California Edison for the use of 8.19 acres of property known as Langenbeck Park
(Contract No. 9.5163), and authorize the Mayor and City Clerk to execute any and all documents
necessary to conclude this transaction; and, approve the "License Agreement" effective 11/1/2018 with
Southern California Edison for the use of 8.06 acres of property known as Edison Community Park
(Contract 9.2193), and authorize the Mayor and City Clerk to execute any and all documents necessary
to conclude this transaction.
The motion carried by the following vote
AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden
NOES: None
4. Approved and authorized extension of a Professional Services Contract with Carl Warren
& Co. for an additional two years.
A motion was made by Peterson, second Semeta to approve and authorize an extension of "Professional
Services Contract Between the City of Huntington Beach and Carl Warren & Co. for Liability Claims
Administration" for an additional two (2) years (two consecutive one-year renewals) pursuant to City
Council action of March 6, 2017; and, delegate authority to the City Manager to execute any extensions
thereto.
The motion carried by the following vote
AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden
NOES: None
5. Approved and authorized execution of the updated Employment Agreement for the Non -
Represented Employee position of Police Chief for five -years through 2023
Councilmember O'Connell pulled this item to share that he will always put public service above politics,
and to state for the record his opinions that the City has a real serious crime problem that demands the
City Council's utmost attention right now, that last year's crime statistics are extremely troubling, and that
more police officers are needed to patrol the streets.
Councilmember Hardy shared that she has never stated her lack of support for the Chief, or for the
Police Officers' Association, and in fact she supports both. She further added that in an ideal world this
contract would have been discussed in private to iron out some of the details before ever reaching this
stage of the process.
Mayor Pro Tem Peterson stated his support for the police officers and his belief that the Chief supports
the officers as demonstrated by several recent department improvements that the Chief lobbied for. He
further stated his opinion that if there are problems within the Department, they are not the result of one
Council/PFA Regular Minutes
February 20, 2018
Page 9 of 15
person because the Department operates under a Management Team. The Management Partners
report presented a path to address the issues and this agenda item is in response to that report,
including benchmarks.
Councilmember Delgleize shared her experience that the HBPOA issues have been the same since she
first met with them when she became a City Council Candidate in 2010. It is her opinion that
Management Partners fairly called out the issues on both sides. She stated her support for the report's
path to addressing the issues, a path that will take more than six (6) months or a year. She encouraged
anyone who has a part in working for solutions to step up to the plan that has been provided and show
support for the Chief and the Officers.
Councilmember Semeta stated for the record that she and the Council have utmost respect for the rank
and file as well as the Chief. She further shared her opinion that there is no need to take sides, and the
issues have been made political by the HBPOA. It is her belief the officers need to know who their
leader is going to be so they can put this distraction behind them and focus on working together.
Councilmember Brenden stated that statistics are an interesting weapon as they can support a cause,
but they don't always provide proper illumination. He further shared his opinions that collaboration and
working together is always the best solution, and that Huntington Beach is a very safe city because of the
great work of the officers. He encouraged the HBPOA to work in earnest with the Chief going forward.
Councilmember O'Connell added that in his opinion the extra 101 violent crime victims probably do not
think crime is down in Huntington Beach.
Mayor Posey acknowledged the many passionate speakers, and in his opinion voicing support for one
group does not necessarily mean there is no support for the other groups. He reported meeting
repeatedly with the Chief, HBPD and HBPOA, including Management Partners to help define the middle
ground for the scope of work. He also received a verbal commitment to work through the plan produced
by the report. In his opinion, the real root of increased crime is the result of AB 109, Prop. 47 and Prop.
57 which, for one, have resulted in 50,000 formerly incarcerated prisoners now being on the street.
Mayor Posey further stated that the City Council, the Chief, the Officers and the POA all have a vested
interest in the success of the 16 point, five year plan to bring healing and reconciliation, and in his
opinion this will require a contract extension. He also requested that the City Manager provide quarterly
progress reports on the plan.
A motion was made by Peterson, second Delgleize to approve the updated "Employment Agreement
Between the City of Huntington Beach and Robert Handy" through 2023 and authorize the City Manager
to execute the Agreement.
The motion carried by the following vote:
AYES: Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden
NOES: O'Connell
PUBLIC HEARING
6. Approved Request to Continue to a Date Uncertain — Conditional Use Permit No.13-
022/Coastal Development Permit No.13-014 for Rofael Marina and Caretaker Facility
(Appeal of Planning Commission's Denial) — Continued from November 6, 2017
Council/PFA Regular Minutes
February 20, 2018
Page 10 of 15
A motion was made by Delgleize, second O'Connell to continue appeal of Conditional Use Permit No
13-022 and Coastal Development Permit No. 13-014 to a date uncertain at the applicant's request.
The motion carried by the following vote:
AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden
NOES: None
7. Approved Tentative Tract Map No. 18086, Conditional Use Permit No. 17-008, Coastal
Development Permit No. 17-003, and Special Permit No. 17-001 (Main St. Mixed Use,
location 414-424 Main St.) Appellant: Mayor Pro Tem Peterson
Councilmember O'Connell recused himself due to financial interest in Legends Sports Bar which is within
500 feet of the subject location. Councilmember O'Connell also stated that he is still in discussions with
the FPPC for clarification, and until a final answer is provided he will recuse himself, and left the dais.
City Manager Fred Wilson introduced Associate Planner Joanna Cortez who presented a PowerPoint
communication entitled Main Street Mixed -Use - Appeal with slides entitled: Subject Property, Project
Overview (2), Site Plan, Proposed Parking, Average Setback (2), PC Action and Appeal, Analysis (3),
Elevations (2), Design Review/Subdivision Committee, and Recommendation.
Mayor Posey Opened the Public Hearing for this item.
Speakers — 7
City Clerk Robin Estanislau announced that a Supplemental Communication for this item was received:
Email communication from Michael Heh.
Peter Zehnder, Project Applicant, was called to speak and stated that unique architectural elements were
incorporated into the project as key factors to create an iconic feature for this special location. This
project includes twenty luxury, for -sale, individual homes. There have been community meetings to
discuss neighbor concerns. Each previous project they have completed has enhanced its neighborhood,
and Mr. Zehnder expressed pride and excitement at the opportunity to build in Downtown Huntington
Beach. (03:01:31)
Amory Hanson, a 2018 Candidate for City Council, was called to speak and shared his opposition to the
Main Street Mixed Use project, unless a stipulation is included that will not allow an alcohol license on
the property. He believes the retail space could be a good location for a municipal service of some kind.
(03:07:43)
Oscar Uranga, a resident, was called to speak and stated his support for the Main Street Mixed Use
project. Mr. Uranga supports the project for the developer's architecture, a condominium plan that
includes affordable housing units, and the additional street parking spaces where the City might want to
consider adding meters. (03:10:20)
Richard Plummer, Downtown resident for 30+ years, was called to speak and stated his opposition to the
Main Street Mixed Use project based on the fact that there is not a stipulation against an alcohol license.
Mr. Plummer expressed concern about the rear parking spaces which appear to not be regulated or
limited. In his opinion, if at least two of the parking stalls are not limited to 30 minutes, the retail delivery
trucks will have to park in the middle of the alley and impede access for the neighbors who also use that
Council/PFA Regular Minutes
February 20, 2018
Page it of 15
alley. He also suggested a license for police security cameras that can be placed on that corner with
views in two directions. (03:13:34)
John Scandura, Huntington Beach Planning Commission Chair, was called to speak and detailed
specifics in the development plan that comply with the Downtown Specific Plan, and make the plan
suitable for the type and density of development, to support the 5-2 Planning Commission vote of
approval. The project does fall short of the code requirement for commercial uses by nine (9) spaces,
and the Applicant intends to create nine (9) new angled parking spaces in front of the building on Main
Street where only two (2) currently exist. The Applicant will pay in lieu fees for the on -site parking
shortfall. The issue of an alcohol license is subject to a separate Conditional Use Permit process which
includes full public review. In the opinion of the Planning Commission, this building will enhance the
neighborhood, provide badly needed residential units and new business opportunities in Downtown.
(03:16:56)
Dain Court, owner of two homes directly behind this project, was called to speak and stated his support
for the design of the building which he believes will enhance the neighborhood. Mr. Court's concern is
the width of the alley behind this location and how a narrow alley will impact traffic flow and safety. He
asked if project traffic could exit on Main Street, understanding that entering from Main Street is
prohibited, to make for safer Lake Street traffic conditions. (03:20:03)
Bruce Wareh, resident of 28 years who lives near this project, was called to speak and stated his
opposition to the Main Street Mixed Use project based on the fact it will be the first four-story building on
Main Street, and that it backs up to a single- or two-story residential neighborhood. In Mr. Wareh's
opinion, tandem parking spaces do not work, and the project shows 18 tandem spaces. Also, currently
there is no room for two-way traffic in the alley, and Mr. Wareh believes it must be designated for only
one-way traffic, and project traffic should exit on Main Street. (03:22:56)
Keith Bohr was called to speak and in response to expressed concerns, stated that at the community
meetings the biggest concerns were the alley, traffic and a request for a market in the commercial space
Mr. Bohr stated the alley will be 4 1/2 feet wide, plus the 3 foot setback, with the poles on the opposite
side of the alley. He believes that project traffic will actually be minimal, and stated further there is no
plan to bring a bar to the location, explaining any commercial endeavor will require a new Conditional
Use Permit (CUP) process through the Planning Commission. Mr. Bohr expressed a willingness to
support speed bumps and/or one-way traffic in the alley. (03:25:33)
Councilmember Delgleize and Mr. Bohr discussed issues related to deliveries, and Mr. Bohr stated that
because of the limited size of the commercial space, large semi trucks would not be required and the
delivery bay on the property would prevent delivery trucks from blocking traffic. Councilmember
Delgleize and Mr. Bohr also discussed how utility poles present on the opposite side of the alley are not
controlled by the project, how the project contains three Association agreements (residential, retail and
master), and how privacy issues related to the rear of the project are being addressed for the affected
neighboring residents.
Councilmember Delgleize stated her support for the project, and her opinion that it will bring new
homeowners to the Downtown.
There being no more public speakers, Mayor Posey closed the Public Hearing.
Mayor Pro Tern Peterson stated his opposition to the project as presented because of lack of adequate
parking.
Council/PFA Regular Minutes
February 20, 2018
Page 12 of 15
Councilmember Brenden asked, and Applicant Zehnder confirmed, that the area proposed for delivery
vehicles will be designated for deliveries and trash collection only. Other parking spaces will be
exclusive for residents, guests and retail owners/employees. Applicant Zehnder also stated that the
secure (gated) underground parking will be for residents only, and the intended demographic for home
ownership will be people who are attracted to the ability to walk to conveniently located services and are
not commuter, multiple car owners.
Councilmember Brenden stated that in reality, each year there are approximately 30 days where
Downtown parking is completely utilized. Staff confirmed that in lieu parking fees can be used for shuttle
service, which Councilmember Brenden feels is the best way to address the parking needs on the
impacted days.
Councilmember Brenden and Public Works Director Hopkins discussed that it would be possible to make
the alley one-way traffic and add speed bumps if traffic issues occur as a result from the project. Director
Hopkins also stated that current pinch points in the alley are at historical properties that have not
provided ultimate alley dedication.
Councilmember Brenden expressed appreciation for the Planning Commission and Community
Development staff for their excellent service to ensure compliance for this project.
Councilmember Hardy and staff discussed issues related to the alcohol permit process. Councilmember
Hardy and Chief Handy discussed the issue of police cameras on private property in Downtown which
requires a signed agreement, and Applicant Zehnder confirmed they are interested in making the
property as secure as possible.
Councilmember Hardy stated her opposition to the Downtown Specific Plan, and for this project, is based
on the impact to parking, and the fact that there is no space in that area to appropriately use in lieu
parking fees.
Councilmember Semeta and Applicant Zehnder discussed the positive points of the project, and in
Councilmember Semeta's opinion, the one negative point which is parking. Applicant Zehnder stated
that providing more parking would mean eliminating the mixed use component for this project, and the
Specific Plan requires mixed use.
Mayor Posey stated that he lives on Main Street and moved there specifically for the pedestrian lifestyle.
He further stated that in his opinion, the project meets all of the Specific Plan requirements and therefore
has his full support.
Councilmember Brenden confirmed with staff that if a tie vote occurs, the Planning Commission approval
is upheld.
A motion was made by Brenden, second Delgleize to find the proposed project is covered by Downtown
Specific Plan Final Environmental Impact Report No. 08-01, which was adopted by the City of Huntington
Beach on January 19, 2010. The proposed project is subject to compliance with the adopted mitigation
measures contained in the Final Environmental Impact Report No. 08-01; and, approve Tentative Tract
Map No. 18086, Conditional Use Permit No. 17-008, Coastal Development Permit No. 17-003, and
Special Permit No. 17-001 with findings and suggested conditions of approval.
Without a majority in favor of the request, the Planning Commission approval is upheld
Council/PFA Regular Minutes
February 20, 2018
Page 13 of 15
AYES: Posey, Delgleize, and Brenden
NOES: Semeta, Peterson, and Hardy
RECUSE: O'Connell
ORDINANCES FOR INTRODUCTION
8. Approved for introduction Ordinance No. 4154 amending Chapter 2.70 of the Huntington
Beach Municipal Code (HBMC) relating to Openness in Labor Negotiations
City Attorney Michael Gates introduced this item as changes that reflect the negotiations occurring
between Council and bargaining units over disputes regarding some of the terms in the Openness
Ordinance, and also reflects modifications based on recent Public Employee Retirement System (PERS)
Board decisions. For the record, City Attorney Gates stated that the PERS Board issues related to both
litigation and grievances (some challenged), and the negotiations with Council, were conducted in
Closed Session.
A motion was made by Posey, second O'Connell to, after the City Clerk reads by title, approve for
introduction Ordinance No. 4154, "An Ordinance of the City of Huntington Beach Amending Chapter 2.70
of the Huntington Beach Municipal Code Relating to Openness in Labor Negotiations."
The motion carried by the following vote:
AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden
NOES: None
COUNCILMEMBER ITEMS
9. Item Submitted by Councilmember O'Connell Approved as Amended — Request staff
return with a resolution in opposition to the Trump Administration's Plan to lift the ban on
offshore oil drilling along the Huntington Beach coastline
Councilmember O'Connell provided his opinion that the request is simple in that members of the Council
are either for or against offshore drilling.
Councilmember Hardy stated her support of the public speaker who stated this item should be about
offshore drilling and not become politicized. History shows us the effects of oil spills are real and the
damage is not necessarily contained to just the local area. She supports the effort to ban offshore drilling
along the California coast.
Councilmember Delgleize suggested that this is an item for the Intergovernmental Relations Committee
(IRC) to address.
Councilmembers Hardy and O'Connell discussed there is an IRC emergency procedure for time -
sensitive issues that allows for action on behalf of the Council. Councilmember Hardy added that
whatever the IRC's recommendation is, there should be full Council follow-up to verify any emergency
decision.
A motion was made by Delgleize, second Hardy to as amended, refer plan to lift the ban on offshore
drilling along the Huntington Beach coastline to the Intergovernmental Relations Committee (IRC).
Council/PFA Regular Minutes
February 20, 2018
Page 14 of 15
The motion carried by the following vote:
AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden
NOES: None
COUNCILMEMBER COMMENTS (Not Agendized)
Mayor Pro Tern Peterson reported speaking at a Community News Night at Kathy May's Lakeview Cafe
to provide an update on the City of Huntington Beach, and he confirmed that the Community Playhouse
at the Library has not been closed, but there is a new Director.
Councilmember O'Connell reported attending the Illumination Foundation presentation on homelessness,
the Chamber of Commerce AM Connect Breakfast, the wine tasting event to benefit the Wayfinders
Huntington Beach Youth Shelter, and the Strategic Planning Retreat.
Councilmember Semeta reported attending the Town Hall Meeting where Mayor Posey provided a
Housing Update, the business visit to Lanic Aerospace, and the Virtual Reality Tour of the 414 Main
Street Mixed Use project.
Councilmember Brenden reported participating in the business visit to Lanic Aerospace, the Virtual
Reality Tour of 414 Main Street Mixed Use project, and requested this meeting be adjourned in memory
of Greg Griffin, a retired engineer from Boeing who was very active with the Bolsa Chica Conservancy.
Councilmember Hardy announced Marina High School's annual musical, "Legally Blonde" on March 1"
and 2nd at 7 p.m., and March 3`d at 2 p.m. and 7 p.m. in the auditorium at Huntington Beach High School.
Ticket sales provide the income to continue school art programs.
Councilmember Delgleize reported attending the Association of California Cities — Orange County
(ACC-OC) Homeless Partnership Dinner where it was announced that 50 Legacy Families will be
donating $2M each to kick off Homeless Solutions in Orange County. She requested this meeting be
adjourned in memory of the staff and students killed in the recent Parkland, Florida mass shooting.
Mayor Posey reported delivering the State of the City address at the Chamber of Commerce AM
Connect Breakfast, thanking Councilmember O'Connell for his questions at that event, the wine tasting to
benefit the Wayfinders Huntington Beach Youth Shelter, the Town Hall Meeting where he presented a
team of experts who provided a Housing Update to show what Sacramento is doing to remove local
control, and announced the next Town Hall in Council Chambers on April 14d' to discuss crime and the
impact of AB 109 and Propositions 47 and 57. March 3`d is the 9 a.m. "Meet the Mayor for Coffee" event
at Chick-fil-A on Beach Boulevard.
ADJOURNMENT in Memory of Greg Griffin, and the staff and students who lost their lives in the recent
mass shooting in Parkland, Florida —10:02 PM.
The City Council/Public Financing Authority regular meeting scheduled Monday, March 05, 2018, has
been cancelled.
The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is
Monday, March 19, 2018, at 4:00 PM in the Civic Center Council Chambers, 2000 Main Street,
Huntington Beach, California.
Council/PFA Regular Minutes
ATTEST:
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City Clerk -Secretary
February 20, 2018
Page 15 of 15
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City Clerk 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
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