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HomeMy WebLinkAbout2018-04-02Minutes City Council/Public Financing Authority City of Huntington Beach Monday, April 2, 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 4:30 PM and 6:00 PM portions of this meeting is on file in the Office of the City Clerk, and archived at www.surfcity-hb.orq/_qovernmentlagendas/ Based on the limited amount of time needed to cover items in Study Session and Closed Session, the meeting was called to order at 4:30 PM. 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 - PowerPoint communication entitled CPAB 2018-19 Recommendations received from Deputy Director of Economic Development Kellee Fritzal PUBLIC COMMENTS PERTAINING TO STUDY SESSION / CLOSED SESSION ITEMS (3 Minute Time Limit) — None STUDY SESSION Presentation by City staff and members of the Citizen Participation Advisory Board (CPAB) on Community Development Block Grant (CDBG) Funding Recommendations CPAB ROLL CALL Present: Mike Massie, Paul Morrow (Vice -Chair) Absent: Peter Andres, Shelly Grace -Bowers (Chair), Chris Byrne, Ken Evans, Donna Traversi (Secretary) No Quorum Council/PFA Regular Minutes April 2, 2018 Page 2 of 20 Deputy Director of Economic Development Kellee Fritzal presented a PowerPoint communication entitled CPAB 2018-19 Recommendations with titled slides: Estimated HUD Allocations 2018-19, CDBG Allocation Process, 2018-19 CPAB Recommendations for Community Development Block Grant Funding, Public Services 15% Cap (3), Admin, Housing & Code Enf., Public Improvements, Staff Recommendation, 2018119 HOME, 2018119 HOME Projects, Next Steps, and Questions Mayor Pro Tern Peterson and staff discussed funding amounts referenced for Homeless Outreach and HB Public Library/Oakview Family Literacy. Councilmember Delgleize voiced her opinion of the importance of both the Homeless Outreach and the Oakview Family Literacy efforts. Councilmember Brenden and staff discussed details for Senior Care Management, the Section 108 loan, and funding of the Central Library restroom renovation. Councilmember Brenden stated his support for finding ways to direct more funding for the homeless. Councilmembers O'Connell and Semeta concurred they would like to see more funding available for homeless issues, and Deputy Director Fritzal explained there are some other funding options. Councilmember Hardy expressed her support for the CPAB recommendations because they have looked at all of the details, including other funding sources. Mayor Posey, CPAB members and staff recognized funding caps, discussed bringing in new programs, and highlighted basic services provided. Mayor Posey echoed each Councilmember's appreciation for the time and effort that staff and CPAB members put into these recommendations. RECESS TO CLOSED SESSION — 4:54 PM A motion was made by Peterson, second Semeta to recess into Closed Session for Items 2 — 7 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: 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: 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, four (4). Council/PFA Regular Minutes April 2, 2018 Page 3 of 20 4. 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: Angela Hernandez v. City of Huntington Beach, et al., U.S. District Court Case No: 8:17-cv-01257 AG (KESx). 5. 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: Mark Cunningham v. City of Huntington Beach, Orange County Superior Court Case No.: 30- 2017-00902748. 6. 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: Debbie Mallery v. City of Huntington Beach, Orange County Superior Court Case No.: 30-2017-00940742. 7. 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: Michael and Todd Bartlett v. City of Huntington Beach/Michael Baumgartner, Orange County Superior Court Case No. 30-2015-00778560. 6:00 PM — COUNCIL CHAMBERS RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING — 6:01 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 Charlie Niederman of Temple Beth David 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. AWARDS AND PRESENTATIONS Mayor Posey presented the Fair Housing Month proclamation to Outreach Coordinator, Stephanie Luu of the Fair Housing Foundation. This year marks the 50th Anniversary of the Federal Fair Housing Act. Ms. Luu thanked the City for declaring April as Fair Housing Month. Mayor Posey presented a commendation to internationally -famous pastry chef Paul Gauweiler, owner of the oldest bakery in Huntington Beach, The Cake Box. Mr. Gauweiler stated that The Cake Box opened for business on May 1, 1973, and he has the only German specialty Baumkuchen oven in the U. S. CLOSED SESSION REPORT BY CITY ATTORNEY — City Attorney Gates reported that as some already know, a citizen advocate has recently submitted a Notice of Intent to Circulate a Petition to place a measure on this November's ballot to "ban the possession and sale of semi -automatic and automatic Council/PFA Regular Minutes April 2, 2018 Page 4 of 20 guns and rifles" in the City of Huntington Beach, calling upon such Huntington Beach gun owners to turn in their weapons to the Huntington Beach Police Department by January 1, 2019. Some residents have already received this Petition by mail. While the California Law requires that the City of Huntington Beach and the City Attorney facilitate, and even assist, a citizen advocate with a Petition, preparing a Petition Statement, and preparing a Ballot Measure (no matter what the issue proposed) this particular proposed gun ban is overly broad and un- Constitutional - as it violates the Second Amendment of the U. S. Constitution, among other Federal laws. City Attorney Gates thanked the City Council for accepting and approving his recommendation in Closed Session earlier in the evening, in a 7-0 vote, to allow him to file a lawsuit in the Superior Court of California seeking an injunction to prevent this proposed gun ban (which violates the Second Amendment of the U. S. Constitution) from being placed on the November 2018 ballot altogether. City Attorney Gates stated that the City is ready and willing to fight to defend the rights of its citizens and defend the law. ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced supplemental communications that were received by her office following distribution of the Council Agenda packet: Awards & Presentations Email communication regarding Huntington Beach Community Service Day received from Dan Jamison. Consent Calendar: Item No. 1 - Inter -departmental Communication received from City Clerk Robin Estanislau - correction to Agenda Item No. 1, City Council Draft Minutes dated 3/19/2018. Administrative Items: Item No. 13 - A PowerPoint communication entitled Central Park West Organic Chemical Pilot Study & Organic Turf Management received from Public Works. - 11 email communications regarding chemicals and pesticides received from: Linda Eddy Karen Coyne Cynthia Romanowski Dan Jamison Tim Kowal Carol Keane Jennifer Squires -Will - 71 postcards received regarding chemicals and pesticides Councilmember Items: Item No. 14 - Letter received from Kelly Miller, Visit Huntington Beach regarding Art in Public Places Master Plan - 20 email communications received regarding Art in Public Places Master Plan Item No. 15 - 64 email communications received regarding challenge to SB 54 - 17 postcards received regarding challenge to SB 54 - 5 phone calls in support, and 2 calls opposed, to challenge to SB 54 Council/PFA Regular Minutes April 2, 2018 Page 5 of 20 *Mayor Posey and Councilmember Semeta announced that Councilmember Item No. 14, regarding Art in Public Places Master Plan, would be continued to the April 16th meeting, and public speakers for that topic could feel free to return on that date. PUBLIC COMMENTS (2 Minute Time Limit) — 107 Speakers. The number[hh.mm:ss] following the speakers' comments indicates their approximate starting time in the archived video locatedathttl.),Ilwww.surfcity-hb.org/govemmentla-gendas. Due to technical difficulties experienced during live internet stream, some speaker comments did not receive an archived timestamp. Congressman Dana Rohrabacher, 481h District, was called to speak and stated support for Councilmember Item No. 15, Challenge to SB 54. (00:43:23) Don Barnes, Undersheriff, Orange County Sheriffs Department, was called to speak and stated support for Councilmember Item No. 15, Challenge to SB 54. (00:47.19) Rabbi Stephen Einstein, Founding Rabbi Emeritus of Congregation B'nai Tzedek and Past President of the Greater Huntington Beach Interfaith Council, was called to speak, quoted scripture and asked Councilmembers to reflect on scripture as they deliberate Councilmember Item No. 15, Challenge to SB 54. (00:49:39) An unnamed woman was called to speak and stated support for Councilmember Item No. 15, Challenge to SB 54. (00:52:06) Sid Spinak, a resident of Huntington Beach, was called to speak and stated support for Councilmember Item No. 15, Challenge to SB 54. (00:54:41) An unnamed man identifying himself as a teacher was called to speak and stated support for Councilmember Item No. 15, Challenge to SB 54. (00:55:56) Stella Stevens, representing Concerned Citizens of California, was called to speak and stated support for Councilmember Item No. 15, Challenge to SB 54. (00:58:17) Patrice Lynes was called to speak and stated support for Councilmember Item No. 15, Challenge to SB 54. (01:00:24) Kenny Strawn, resident of Mission Viejo, was called to speak and stated support for Councilmember Item No. 15, Challenge to SB 54. (01:01:18) Arthur Schaper was called to speak and stated support for Councilmember Item No. 15, Challenge to SB 54. (01:02:41) An unnamed man was called to speak and stated support for Councilmember Item No. 15, Challenge to SB 54. (01:05: 00) Cari Swan was called to speak and stated support for Councilmember Item No. 15, Challenge to SB 54. (01:06:56) Gracey Van Der Mark was called to speak and stated support for Councilmember Item No. 15, Challenge to SB 54. (01:09:16) Council/PFA Regular Minutes April 2, 2018 Page 6 of 20 Robin Hvidston, Director, We the People Rising, was called to speak and stated support for Councilmember Item No. 15, Challenge to SB 54. (01:11:58) Bethany Webb, HB Huddle, was called to speak and stated support for Administrative Item No. 13, expansion of Central Park West Organic Chemical Pilot Study, and opposition to Councilmember. Item No. 15, Challenge to SB 54. (01:13:32) Lesa Antone, former resident of Huntington Beach, was called to speak and stated support for Councilmember Item No. 15, Challenge to SB 54. (01:15:29) Jennifer Harrison, resident of Phoenix, AZ, was called to speak and stated support for Councilmember Item No. 15, Challenge to SB 54. (01:17:40) Vaughn Becht, resident of Orange County, was called to speak and stated support for Councilmember Item No. 15, Challenge to SB 54. (01:19:25) Daniel Amiel, resident of Huntington Beach, was called to speak and stated support for Councilmember Item No. 15, Challenge to SB 54. (01:20:41) Skye Wagoner, resident of Huntington Beach, was called to speak and stated opposition to Councilmember Item No. 15, Challenge to SB 54. (01:22:49) Stelain Onufrei, resident of Huntington Beach, Republican Congressional Candidate for District 48, was called to speak and stated support for Councilmember Item No. 15, Challenge to SB 54. (01:25:13) Robert Lauten was called to speak and stated support for Councilmember Item No. 15, Challenge to SB 54. (01:26:37) Nikki Soltero was called to speak and stated support for Councilmember Item No. 15, Challenge to SB 54. (01:28:34) Lyna Runfola was called to speak and stated support for Councilmember Item No. 15, Challenge to SB 54. (01:30:55) Leonor Ferris was called to speak and stated support for Councilmember Item No. 15, Challenge to SB 54. (01:33:12) Genevieve Peters was called to speak and stated support for Councilmember Item No. 15, Challenge to SB 54. (01:34:31) Eisa Aldeguer, representing Latinos for Trump, was called to speak and stated support for Councilmember Item No. 15, Challenge to SB 54. (01:36:48) Betty Robinson, lifelong resident of Southern California, was called to speak and stated support for Councilmember Item No. 15, Challenge to SB 54. (01:38:22) Mike Wright was called to speak and stated support for Councilmember Item No. 15, Challenge to SB 54. (01:40:35) Mike McCoy was called to speak and stated support for Councilmember Item No. 15, Challenge to SB 54. (01:42:03) Council/PFA Regular Minutes April 2, 2018 Page 7 of 20 Sylvia Calhoun, a resident of Huntington Beach, was called to speak and stated support for Councilmember Item No. 15, Challenge to SB 54. (01:44:18) Jennifer Martinez, a resident of Orange County, was called to speak and stated support for Councilmember Item No. 15, Challenge to SB 54. (01:46:25) Jessica Runfola, an Orange County resident who spent her childhood in Huntington Beach, was called to speak and stated support for Councilmember Item No. 15, Challenge to SB 54. (01:48:17) Stella Song, resident of Huntington Beach, was called to speak and stated support for Councilmember Item No. 15, Challenge to SB 54. (01:50:28) William Larkin, a Huntington Beach resident, was called to speak and stated support for Councilmember Item No. 14, Art in Public Places Master Plan, and Item No. 15, Challenge to SB 54. (01:52:43) Gerald Thomas, resident of Orange, CA, was called to speak and stated support for Councilmember Item No. 15, Challenge to SB 54. (01:53:25) Anna, resident of Los Alamitos, was called to speak and stated support for Councilmember Item No. 15, Challenge to SB 54. (01:55:40) Jonathan Adler was called to speak and stated support for Councilmember Item No. 15, Challenge to SB 54. (01:56:58) Joseph Chan was called to speak and stated support for Councilmember Item No. 15, Challenge to SB 54. (02:00:06) Greg Susca was called to speak and stated support for Councilmember Item No. 15, Challenge to SB 54. (02:02:19) Chanell Temple was called to speak and stated support for Councilmember Item No. 15, Challenge to SB 54. (02:04:44) Janet West was called to speak and stated support for Councilmember Item No. 15, Challenge to SB 54. (02:07:00) An unnamed gentleman was called to speak and stated support for Councilmember Item No. 15, Challenge to SB 54. (02:08:47) Mary Kyle, resident of Huntington Beach, was called to speak and stated opposition to Councilmember Item No. 15, Challenge to SB 54. (02:10:39) Shayna Lathus, teacher, resident of Huntington Beach and City Council candidate, was called to speak and stated opposition to Councilmember Item No. 15, Challenge to SB 54. (02:12:36) Susan Kadota, resident of Huntington Beach, was called to speak and stated opposition to Councilmember Item No. 15, Challenge to SB 54. (02:15:10) Harim Vzziel was called to speak and stated support for Councilmember Item No. 15, Challenge to SB 54. (02:17:00) Council/PFA Regular Minutes April 2, 2018 Page 8 of 20 Pamela Pauline was called to speak and stated support for Councilmember Item No. 15, Challenge to SB 54. (02:20:09) Mike Tolhes was called to speak and stated support for Councilmember Item No. 15, Challenge to SB 54. (02:22.22) Frank Zappia, resident of Huntington Beach, was called to speak and stated support for Councilmember Item No. 15, Challenge to SB 54. (02:23:18) Louie Reyes was called to speak and stated support for Councilmember Item No. 15, Challenge to SB 54. (02:25:26) Dura Young was called to speak and stated support for Councilmember Item No. 15, Challenge to SB 54. (02:27:35) Maureen was called to speak and stated support for Councilmember Item No. 15, Challenge to SB 54. (02:29:31) Ian La Fontaine, resident of La Palma, CA, was called to speak and stated support for Councilmember Item No. 15, Challenge to SB 54. (02:31:18) Crystal Jade was called to speak and stated support for Councilmember Item No. 15, Challenge to SB 54. (02:32:25) Ted Ross was called to speak and stated support for Councilmember Item No. 15, Challenge to SB 54. (timestamp information not recorded) Michael Scott was called to speak and stated support for Councilmember Item No. 15, Challenge to SB 54. (timestamp information not recorded) Wes Parker was called to speak and stated support for Councilmember Item No. 15, Challenge to SB 54. (timestamp information not recorded) Sheryl Martinez, resident of Fountain Valley, was called to speak and stated opposition for Councilmember Item No. 15, Challenge to SB 54. (timestamp information not recorded) Fred McIntosh, resident of Downey, CA, was called to speak and stated support for Councilmember Item No. 15, Challenge to SB 54. (timestamp information not recorded) Kim Sorgente, Huntington Beach homeowner, was called to speak and stated support for Councilmember Item No. 15, Challenge to SB 54. (02:34:48) David Feiner, The Red Elephants, was called to speak and stated support for Councilmember Item No. 15, Challenge to SB 54. (02:37:00) Joe Imbriano, runs Fullerton Informer website, was called to speak and stated support for Councilmember Item No. 15, Challenge to SB 54. (02:39:24) Mark Tonkovich, Huntington Beach homeowner, was called to speak and stated support for Councilmember Item No. 15, Challenge to SB 54. (02:42:36) Council/PFA Regular Minutes April 2, 2018 Page 9 of 20 Andi Kowal, Non -Toxic Huntington Beach, was called to speak and stated support for Administrative Item No. 13, expansion of Central Park West Organic Chemical Pilot Study. (02:45:10) Tim Phan, OC Young Democrats, was called to speak and stated opposition to Councilmember Item No. 15, Challenge to SB 54. (02:46:46) Stacy Alynn, Orange County resident, was called to speak and stated support for Councilmember Item No. 15, Challenge to SB 54. (02:49:00) Roger Gooding was called to speak and requested that the City Council get involved in setting up regulations for drug and alcohol rehab housing. Mayor Posey asked him to complete a blue card for staff follow-up. (02:49:57) Kathryn Levassiur was called to speak and asked that the City Council bring back the topic of short term vacation rentals in the very near future. (02:52:11) Shelly Peterson was called to speak and stated support for Councilmember Item No. 15, Challenge to SB 54. (02:53:19) John Bostick, resident of Huntington Beach, was called to speak and stated opposition to Councilmember Item No. 15, Challenge to SB 54. (02:55:27) Clare Bostick resident of Huntington Beach, was called to speak and stated opposition to Councilmember Item No. 15, Challenge to SB 54. (02:57:41) Derek Bercher, resident of Huntington Beach, was called to speak and stated opposition to Councilmember Item No. 15, Challenge to SB 54. (02:59:39) Thomas Christiansen, resident of Orange County, was called to speak and stated support for Councilmember Item No. 15, Challenge to SB 54. (03:02:26) Oscar Rodriguez, resident of Huntington Beach, was called to speak and stated opposition to Councilmember Item No. 15, Challenge to SB 54. (03:04:26) A BRIEF, 5-MINUTE RECESS WAS TAKEN Ruben Barreto, a resident of Huntington Beach, was called to speak and stated opposition to Councilmember Item No. 15, Challenge to SB 54. (03:13:18) Wendy Rincon, resident of Huntington Beach, was called to speak and stated opposition to Councilmember Item No. 15, Challenge to SB 54. (03:15:01) Shawn Roselins was called to speak and stated opposition to Councilmember Item No. 15, Challenge to SB 54. (03:17:17) Akosh Hawkins, candidate for 34th District, State Senate, was called to speak and stated opposition to Councilmember Item No. 15, Challenge to SB 54. (03:18:20) Eva Weisz, a resident of Huntington Beach, was called to speak and stated support for Councilmember Item No. 15, Challenge to SB 54. (03:19:38) Council/PFA Regular Minutes April 2, 2018 Page 10 of 20 Jerry Barry, a resident of Huntington Beach, was called to speak and stated support for Councilmember Item No. 15, Challenge to SB 54. (03:22:14) Karen Coyne, HB Huddle, was called to speak and stated support for Administrative Item No. 13, expansion of Central Park West Organic Chemical Pilot Study, and opposition to Councilmember Item No. 15, Challenge to SB 54. (03:23:49) Barbara Farrell, CLUE/Los Alamitos Community United, was called to speak and stated opposition to Councilmember Item No. 15, Challenge to SB 54. (03:26:07) Greg Haskin was called to speak and stated support for Councilmember Item No. 15, Challenge to SB 54. (03:28:17) Cynthia Valencia, ACLU of Southern California, was called to speak and stated opposition to Councilmember Item No. 15, Challenge to SB 54. (03:29:07) Omar Siddiqui, Congressional Candidate for District 48, was called to speak and stated opposition to Councilmember Item No. 15, Challenge to SB 54. (03:31:06) Luis Aleman was called to speak and stated opposition to Councilmember Item No. 15, Challenge to SB 54. (03:33:46) An unnamed man was called to speak and stated support for Councilmember Item No. 15, Challenge to SB 54. (03:36:00) Victor Valledares, Oak View ComUNIDAD, was called to speak and stated opposition to Councilmember Item No. 15, Challenge to SB 54. (03:38:14) Bobbi Ashurst was called to speak and stated opposition to Councilmember Item No. 15, Challenge to SB 54. (03:40:25) Ursula Yager, resident of Irvine, was called to speak and stated support for Councilmember Item No. 15, Challenge to SB 54. (03:42:50) Donna Pearma was called to speak and stated support for Councilmember Item No. 15, Challenge to SB 54. (03:45:07) Jennifer Sterling was called to speak and stated support for Councilmember Item No. 15, Challenge to SB 54. (03:47:17) Catherine Johnson, resident of Huntington Beach, was called to speak and stated support for Councilmember Item No. 15, Challenge to SB 54. (03:49:31) Miriam Fogler was called to speak and stated support for Councilmember Item No. 15, Challenge to SB 54. (03:51:49) John Earl was called to speak and stated several personal observations. (03:55:08) Cathey Ryder, resident of Huntington Beach, was called to speak and stated opposition to Councilmember Item No. 15, Challenge to SB 54. (03:57:22) Council/PFA Regular Minutes April 2, 2018 Page 11 of 20 Cynthia Romanowski, resident of Huntington Beach, HB Huddle, was called to speak and stated support for Administrative Item No. 13, expansion of Central Park West Organic Chemical Pilot Study, and opposition to Councilmember Item No. 15, Challenge to SB 54. (03:58:41) Aubrey Roy, HB Huddle, was called to speak and stated support for Administrative Item No. 13, expansion of Central Park West Organic Chemical Pilot Study, and opposition to Councilmember Item No. 15, Challenge to SB 54. (04:00:50) Bill McCarty was called to speak and stated opposition to Councilmember Item No. 15, Challenge to SB 54. (04:03:01) Bill Martin, a resident of Huntington Beach, was called to speak and stated support for Councilmember Item No. 15, Challenge to SB 54. (04:04:31) Crystal Myers -Barber, a resident of Santa Ana, was called to speak and stated support for Councilmember Item No. 15, Challenge to SB 54. (04:06:47) Jeff Benson was called to speak and stated support for Councilmember Item No. 15, Challenge to SB 54. (04:08:12) Spencer Kelly, Huntington Beach resident, was called to speak and stated opposition to Councilmember Item No. 15, Challenge to SB 54. (04:10:32) Luimar Z. Garza, visitor from Miami, was called to speak and stated support for Councilmember Item No. 15, Challenge to SB 54. (04:12:09) Omar Navarro, candidate for the 43rd Congressional District, was called to speak and stated support for Councilmember Item No. 15, Challenge to SB 54. (04:14:32) An unnamed woman was called to speak and stated support for Councilmember Item No. 15, Challenge to SB 54. (04:15.39) A motion was made by Brenden, second O'Connell to introduce Councilmember Item No. 15 out of its original, agendized order. The motion carried by the following vote: AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None Mayor Posey announced a 5-minute recess at 10:45 PM. The meeting reconvened at 10:50 PM. "Action on Councilmember Item No. 15 is documented in its original, agendized order. COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS, AB 1234 REPORTING, AND OPENNESS IN NEGOTIATIONS DISCLOSURES . Councilmember Brenden reported attending a meeting of the Beautification, Landscape, and Tree Committee which approved tree removal and replacement plans for several areas, and the Air Traffic Noise Working Group meeting where progress is being made through community involvement and support, and he expects to have a community workshop scheduled before the end of April. Council/PFA Regular Minutes April 2, 2018 Page 12 of 20 Councilmember Delgleize reported attending an Association of California Cities - Orange County (ACC- OC) roundtable on sober living homes where the Florida Attorney General spoke, and he offered to work with local officials and share Florida's experiences in legally dealing with this issue for the last 10 years. Councilmember O'Connell reported attending a Board of Directors meeting of the Association of California Cities - Orange County (ACC-OC) which discussed their opposition to upcoming State Senate criminal laws. Mayor Posey reported attending an Orange County Council of Governments (OCCOG) General Assembly meeting on sustainability where Huntington Beach Assistant to the City Manager Antonia Graham made a presentation. CITY MANAGER'S REPORT — None CONSENT CALENDAR Approved and adopted minutes A motion was made by Brenden, second Delgleize to approve and adopt the City Council/Public Financing Authority regular meeting minutes dated March 19, 2018, on file in the Office of the City Clerk and as amended by Supplemental Communication. The motion carried by the following vote: AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None 2. Approved Fiscal Year 2016-17 Annual Compliance Reports for Public Library, Parkland Acquisition and Park, Law Enforcement and Fire Suppression Facilities Development Impact Fees (DIF); Planned Local Drainage and Sanitary Sewer Facilities Funds and Fair Share Traffic Impact Mitigation Fee Program A motion was made by Brenden, second Delgleize to approve the Annual Compliance Report, "Public Library Facilities Development Impact Fees Annual Report Fiscal Year 2016-17;" and, approve the Annual Compliance Report, "Parkland Acquisition and Park Facilities Development Impact Fee Annual Report Fiscal Year 2016-17;" and, approve the Annual Compliance Report, "Law Enforcement Facilities Development Impact Fee Annual Report Fiscal Year 2016-17;" and, approve the Annual Compliance Report, "Fire Suppression Facilities Development Impact Fee Annual Report Fiscal Year 2016-17;" and, approve the "Planned Local Drainage Facilities Fund Annual Compliance Report for Fiscal Year 2016- 17;" and, approve the "Sanitary Sewer Facilities Fund Annual Compliance Report Fiscal Year 2016-17;" and, approve the "Fair Share Traffic Impact Fee Program Annual Report for Fiscal Year 2016-17." The motion carried by the following vote: AYES: O'Connell, Semeta,. Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None 3. Adopted and authorized recordation of Resolution No. 2018-18 ordering the Summary Vacation of the excess Right -of -Way Easement located at the Southwest Corner of Indianapolis Avenue and Florida Street Council/PFA Regular Minutes April 2, 2018 Page 13 of 20 A motion was made by Brenden, second Delgleize to adopt Resolution No. 2018-18, "A Resolution of the City Council of the City of Huntington Beach Ordering the Summary Vacation of the Excess Right -of -Way Easement Located at the Southwest Corner of Indianapolis Avenue and Florida Street"; and, instruct the City Clerk to record Resolution No. 2018-18 and the attached exhibits with the Orange County Recorder. The motion carried by the following vote: AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None 4. Approved and authorized execution of a Memorandum of Understanding (MOU) between the City of Huntington Beach and Grant Partner Davenport Marina for the Installation and Maintenance of Marina Trash Skimmer at Davenport Marina A motion was made by Brenden, second Delgleize to approve and authorize the Mayor and City Clerk to execute "Memorandum of Understanding between the City of Huntington Beach and Davenport Marina for the Installation and Maintenance of Marina Trash Skimmer in Huntington Harbour." 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 an Agreement for Construction of Periodic Nourishment of the Orange County Beach Erosion Control Project, Stage 13 for beach sand replenishment A motion was made by Brenden, second Delgleize to approve and authorize the Mayor and City Clerk to execute "Agreement for Construction of Periodic Nourishment of the Orange County Beach Erosion Control Project, Stage 13." The motion carried by the following vote: AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None 6. Approved and authorized execution of Amendment No. 1 to Agreement with AKM Consulting Engineers, Inc. extending the term of the Agreement to June 1, 2020 (Edgewater Sewer Lift Station) A motion was made by Brenden, second Delgleize to approve and authorize the Mayor and City Clerk to execute "Amendment No. 1 to Agreement between the City of Huntington Beach and AKM Consulting Engineers, Inc." The motion carried by the following vote: AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None Council/PFA Regular Minutes April 2, 2018 Page 14 of 20 7. Approved and authorized execution of a Professional Services Contract for On Call Construction Management and Engineering Services with Arcadis, U.S., Inc. (Arcadis) in an amount not to exceed $1,500,000 A. motion was made by Brenden, second Delgleize to approve and authorize the Mayor and City Clerk to execute $1,500,000 "Professional Services Contract between the City of Huntington Beach and Arcadis, U.S., Inc. for On -Call Construction Management and Engineering Services." The motion carried by the following vote: AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None 8. Approved and authorized execution of the Limited Term Partial Basin Equity Assessment Exemption Agreement between Orange County Water District (OCWD) and City of Huntington Beach (Financial Aid for the Well No. 9 Treatment Project, CC-1392) A motion was made by Brenden, second Delgleize to approve and authorize the Mayor and City Clerk to execute two original sets of the OCWD agreement dated October 4, 2017, "Limited Term Partial Basin Equity Assessment Exemption Agreement between Orange County Water District and City of Huntington Beach (Huntington Beach Well No. 9)" and return one signed set to OCWD. The motion carried by the following vote: AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None 9. Adopted Ordinance Nos. 4131, 4132, 4133, 4144, 4145,. and 4146 removing references to the California Government Code in certain sections of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) Approved for introduction 3/19/2018 -Vote: 6-0-1 (Brenden absent) A motion was made by Brenden, second Delgleize to adopt Ordinance No. 4131, "An Ordinance of the City of Huntington Beach Amending Chapter 201 of the Huntington Beach Zoning and Subdivision Ordinance Relating to the Purpose of the Zoning and Subdivision Ordinance;" and, adopt Ordinance No. 4132, "An Ordinance of the City of Huntington Beach Amending Chapter 203 of the Huntington Beach Zoning and Subdivision Ordinance Relating to Code Relating to Definitions;" and, adopt Ordinance No. 4133, "An Ordinance of the City of Huntington Beach Amending Chapter 215 of the Huntington Beach Zoning and Subdivision Ordinance Relating to the Specific Plan District Established;" and, adopt Ordinance No. 4144, "An Ordinance of the City of Huntington Beach Amending Chapter 215 of the Huntington Beach Zoning and Subdivision Ordinance Relating to Status of Specific Plan;" and, adopt Ordinance No. 4145, "An Ordinance of the City of Huntington Beach Amending Chapter 222 of the Huntington Beach Zoning and Subdivision Ordinance Relating to Statutory Authorization;" and, adopt Ordinance No. 4146, "An Ordinance of the City of Huntington Beach Amending Chapter 230.14 of the Huntington Beach Zoning and Subdivision. Ordinance Relating to Affordable Housing Density Bonus." The motion carried by the following vote: AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None Council/PFA Regular Minutes April 2, 2018 Page 15 of 20 10. Adopted Ordinance No. 4159 approving Zoning Text Amendment No. 16-002 (Ellis- Goldenwest Specific Plan Equestrian Trail Realignment) Approved for introduction 3/19/2018 - Vote: 6-0-1 (Brenden absent) A motion was made by Brenden, second Delgleize to adopt Ordinance No. 4159, "An Ordinance of the City of Huntington Beach Amending SP7 (Ellis-Goldenwest Specific Plan) by Amending the Equestrian Trail Alignment (Zoning Text Amendment No. 16-002)." The motion carried by the following vote: AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None PUBLIC HEARING 11. Continued from March 19, 2018 - Adopt Resolution Nos. 2018-17, 2018-19 and 2018-20 to set municipal utility rates for water, and approve for introduction Ordinance No. 4157 amending Section 14.12.040 of Chapter 14.12 of the Huntington Beach Municipal Code (HBMC) regarding water meter rates and commodity rates, and approve for introduction Ordinance No. 4158 amending Section 14.54.040 and 14.54.060, deleting sections 14.54.110 and 14.54.120 and Chapter 14.55 of the Huntington Beach Municipal Code (HBMC) regarding sewer service user charges City Manager Wilson stated that the detailed presentation on this item was made at the March 19, 2018, City Council meeting and was continued to this meeting. Public Works Director Travis Hopkins introduced staff and presented a PowerPoint communication entitled Water and Sewer Rate Adjustment with titled slides: Water and Sewer Rates, Comparison of Monthly Water Bills, Recommended Actions, Items for Action, Finance Commission Recommendations, Base Meter Rate, Water Meter Charges, WMP Projects & Costs, Water Master Plan Fund Balance and Staff Recommended Actions, which included recommendations made by the Finance Commission. Mayor Pro Tern Peterson and Director Hopkins discussed the previous surcharge which was in effect from 1995 through 2007. Director Hopkins described the projected long-term costs and funding, and noted that this is re-evaluated every five years per Prop 218 requirements. Councilmember Delgleize asked how long this surcharge would be in effect, and Director Hopkins confirmed that the Finance Commission recommends 10 years with a 5-year review. Councilmember Delgleize asked staff to review ways to offset the increase for low income senior citizens. Councilmember Semeta inquired, and staff confirmed that another public hearing would not be required for a reduction in rates. Mayor Posey revisited the issue of comparing the Consumer Price Index (CPI) vs. Construction Cost Index (CCI), and asked Director Hopkins if the reality of the issue was considered in the $128M figure. Director Hopkins stated that actual costs and revenues will be re-evaluated at 5 years, and the $128M is based on current costs. Mayor Posey opened the Public Hearing. Public Hearing — 1 Speaker Council/PFA Regular Minutes April 2, 2018 Page 16 of 20 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: Public Hearing: Item No. 11 - Protest letter received from Harold Seeley regarding water meter rates, commodity rates and sewer service user charges. - Inter -department Communication received from Public Works Director Travis Hopkins regarding the Finance Commission Recommendations on Water and Sewer Rates. - PowerPoint communication entitled Water and Sewer Rate Adjustment received from Public Works Director Travis Hopkins. Ted Ross, resident of Huntington Beach, was called to speak and stated his opinion that by adopting the new Standard American Waterworks the City Council is creating an inversion in the tax base because meters greater than 1 inch will reflect a credit or loss in revenue. (05:28:13) There being no more speakers, Mayor Posey closed the Public Hearing. Councilmember Hardy and Director Hopkins discussed the apparent drop in rates for meters greater than 1 inch and the 4 inch compound, which is calculated on the amount of water passing through the meter. Director Hopkins explained that the larger meters can be used by larger homes as well as commercial and industrial locations. He also confirmed that the numbers under discussion show the Cost of Service which was used to determine revenue needs, and do not reflect a reduction in revenue. A motion was made by Delgleize, second Semeta to adopt Resolution 2018-17, "A Resolution of the City Council of the City of Huntington Beach Adjusting Water Meter Rates, Including a Capital Surcharge Pursuant to Section 14.12.040 of the Huntington Beach Municipal Code, as amended by Supplemental Communication to include Finance Commission recommendations to (1) provide a sunset of the water capital surcharge in 10 years; (2) delete the 1.5% increase in addition to the CPIU, leaving only the CPIU adjustment for future years; and (3) review method to offset the increase to low income Senior Citizens; and, adopt Resolution 2018-19, "A Resolution of the City Council of the City of Huntington Beach Adjusting Sewer Service User Charges Pursuant to Section 14.54.020 of the Huntington Beach Municipal Code;" and, adopt Resolution 2018-20, "A Resolution of the City Council of the City of Huntington Beach Readopting and Revising the City's Water Commodity Rates;" and, after the City Clerk reads by title, approve for Introduction Ordinance 4157, "An Ordinance of the City of Huntington Beach Amending Section 14.12.040 of Chapter 14.12 of the Huntington Beach Municipal Code Regarding Water Meter Rates and Water Commodity Rates Pursuant to California Health & Safety Code Section 5470, et seq;" and, after the City Clerk reads by title, approve for Introduction Ordinance 4158, "An Ordinance of the City of Huntington Beach Revising the Huntington Beach Municipal Code Regarding Sewer Service User Charges, by Amending Sections 14.54.040 and 14.54.060, Deleting Sections 14.54.110 and 14.54.120, and Deleting Chapter 14.55;" FIVE AFFIRMATIVE VOTES ARE REQUIRED TO ADOPT THE RESOLUTIONS AND ORDINANCES PER HEALTH AND SAFETY CODE SECTION 5471 The motion carried by the following vote: AYES: Semeta, Posey, Delgleize, Hardy, and Brenden NOES: O'Connell, and Peterson Council/PFA Regular Minutes April 2, 2018 Page 17 of 20 ADMINISTRATIVE ITEMS 12. Approved the appointment of Gilbert Garcia to the position of Chief Financial Officer (CFO) and authorized the City Manager to execute the Employment Agreement City Manager Wilson briefly described the national recruitment process for the position of Chief Financial Officer (CFO) which resulted in 40 applicants. 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 Gilbert Garcia" for the position of Chief Financial Officer. The motion carried by the following vote: AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None 13. Approved expansion of Central Park West Organic Chemical Pilot Study to include Organic Turf Management Practices City Manager Wilson introduced Public Works Maintenance Operations Manager Denny Bacon who presented a PowerPoint communication entitled Central Park West Organic Chemical Pilot Study & Organic Turf Management with slides titled: Landscape Maintenance Responsibilities, Background, Pilot Study - Timeline, Options Presented to City Council, Best Practices in Turn Management, Organic Turf Management, Turf Management Basics (2), Recommendations, and Questions. Councilmember Hardy and Manager Bacon discussed that it will take 9 to 12 months for an accurate evaluation with proposed costs and expansion plans. Manager Bacon explained that current costs are based on managing 40 acres, and per -acre -costs are expected to be reduced when the program expands to 250 acres. Councilmember Delgleize and Manager Bacon discussed the Turf Management Basics information and the impact of the new irrigation technology being installed in the Capital Improvement projects. Councilmember O'Connell and Manager Bacon discussed that Roundup is currently being used on a very limited basis, and there has been a reduction of 32 gallons in the last 10 months. It is anticipated that if the organic turf management plan works as well here as it did for Irvine Unified School District in choking out the broadleaf and weeds, Roundup will then only be used for alleys and sidewalks. Mayor Posey thanked Manager Bacon for the staff efforts on this project, and asked that Manager Bacon plan to provide an update on this project every quarter. A motion was made by O'Connell, second Delgleize to approve expansion of Central Park West Organic Chemical Pilot Study to include the entire west side of Central Park and adopt Irvine Unified School District's Organic Turf Management Practices. The motion carried by the following vote: AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None Council/PFA Regular Minutes April 2, 2018 Page 18 of 20 COUNCILMEMBER ITEMS *14. Continued to April 16 Item Submitted by Councilmember Semeta — Art in Public Places Master Plan **15. Approved Item Submitted by Mayor Pro Tern Peterson and Mayor Posey— Challenge to SB 54 Mayor Pro Tern Peterson stated his reasons for co-authoring this item, and expressed the opinion that an ordinance to opt out could open up the door for legal challenge, and the proposed authorization is based on Constitutional grounds. Mayor Posey shared that his goal as Mayor has been to regain and retain local control, and all Councilmembers took an oath to uphold the U. S. Constitution first and foremost, and this action is an effort to preserve the right and ability of Huntington Beach to continue to exercise local control. Attorney Gates reviewed his research on the best way for the City to challenge the constitutionality of SB 54, and explained that the City suit will claim that, as SB 54 is drafted, it overreaches in that it mandates how a local municipality can spend its money on policing. He further defined the Federal suit as based on the claim that the State is obstructing federal efforts to enforce immigration. As a charter city, Huntington Beach has constitutional protections to prevent Sacramento from overreaching. Councilmember Hardy and Police Chief Handy discussed SB 54 restrictions on local police officer actions, on attending some workshops and other consequences for the Huntington Beach Police Department. Police Chief Handy confirmed that the Federal government, not local officers, will continue to be responsible for immigration enforcement. Councilmember Hardy stated her support for maintaining local control, but she is concerned about the perception people have on this proposed action and believes approval will be a detriment to the City's reputation. Councilmember Delgleize expressed her dismay regarding the division, disrespect and anger this topic created, and stated that her goal as a Councilmember is to bring solutions to make Huntington Beach better. Mayor Pro Tern Peterson further added that the State is taking public safety tools away from municipalities and in his opinion the City should stand against any form of State overreach. Councilmember Semeta stated her decision on this item is not influenced by the inflammatory rhetoric that was displayed, but on her conviction that constitutional overreach is wrong. She further stated her belief that approval of this item will not in any way change or impact how the Police Department operates. Mayor Posey provided some details on his experiences of interacting with and observing majority politicians in Sacramento who appear to be intent on removing more and more local controls. Mayor Posey expressed that these efforts are not right, and as a charter city, Huntington Beach has some unique responsibilities and if we don't fight for local control, Sacramento will take it away. Councilmember Brenden stated that our constitution guarantees everyone the right to speak their minds, and he believes that SB 54 is an overreach and supports an effort to make a difference in a really flawed State policy. He further expressed his belief that approval of this item will not change the dignity with which the Huntington Beach Police Department operates. Council/PFA Regular Minutes April 2, 2018 Page 19 of 20 Councilmember O'Connell and Police Chief Handy discussed that approval of this item will not change the relationships already developed within the community. Huntington Beach police officers are well trained and will continue to use their discretion because they understand the community's public safety needs. Councilmember O'Connell stated his belief .in local control and support for this item. Councilmembers expressed appreciation to the public speakers for making the time to voice their opinions. A motion was made by Peterson, second O'Connell to authorize the City Attorney to prepare and file a lawsuit against the State and Attorney General challenging the legality of SB 54 on Constitutional grounds to preserve our right and ability in Huntington Beach to continue to exercise local control. Additionally, allow the City Attorney to work with the County or other municipalities that wish to join our efforts. The motion carried by the following vote: AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, and Brenden NOES: Hardy COUNCILMEMBER COMMENTS (Not Agendized) Councilmember Brenden reported attending an Eagle Court of Honor for Kenny Atlas, Brian Cao, Zachary Schulz, with Congressman Rohrabacher and Fountain Valley Mayor Vo, as well as being the best dressed in the dunk tank for the recent Family Fun Day, and thanked Joe Randall for chairing this successful Kiwanis sponsored event. Councilmember Brenden also announced details for the HB Adult Spelling Bee, April 21 at the Senior Center, which is being organized by the Kiwanis; the Huntington Harbour Yacht Club Opening Day, 53rd Anniversary on April 8th; Bolsa Chica Conservancy Earth Day Celebration, and Goldenwest College Annual Gala on April 14th. Councilmember Hardy thanked Mayor Pro Tern Peterson and Councilmember Semeta for assisting with Youth in Government Day, Boeing for being a major sponsor, Constance Towers (from Congressman Rohrabacher's office) and Jessie Benross (from Assemblymember Quirk-Silva's office) who spoke at lunch time, and the Youth Board as well as Chris Cole. Councilmember Hardy also reported enjoying this year's HB Reads selection and author's lecture. Councilmember Delgleize reported attending the Orange County United Way 3rd Annual Score Card event, and announced that United Way is working with the University of California Irvine (UCI) and the Association of California Cities (ACC) to build local workforce and homeless housing. Mayor Pro Tern Peterson reported enjoying the Youth in Government event and installed the new Officers for the Sand Dollars, the organization that manages the Miss Huntington Beach competition. He also reported hosting a recent Business Roundtable meeting for local aerospace industry businesses who incidentally have fabrication positions to fill with Councilmember Semeta and staff. Councilmember Semeta reported enjoying the Business Roundtable and learning about the well -paying jobs available in the industry, thanked Councilmember Hardy for allowing her to participate in the Youth in Government Day, reported representing the City at the "Every 15 Minutes" program which creates an increased awareness about the dangers of impaired driving for high school juniors and seniors, and thanked Richard Wright and his organization, Promoting Resources in Drug Education, for organizing the Council/PFA Regular Minutes April 2, 2018 Page 20 of 20 event, and thanked the Huntington Beach Fire and Police staff for their involvement with and support of this important event. Councilmember O'Connell reported speaking at a recent Orange County Board of Supervisors meeting to let them know that creating a homeless encampment on contaminated land was not a good idea, attended the Family Fun Day sponsored by Kiwanis, and presented a proclamation at the 50 Year Anniversary celebration for Huntington Hospital. Mayor Posey reported at also being at the Orange County Board of Supervisors meeting on homelessness where he shared the PowerPoint communication recently created by the Huntington Beach Homeless Task Force which describes ways that Huntington Beach is actively addressing the issues and thanked Police Chief Handy for his leadership on this issue. Mayor Posey was also a participant in the Family Fun Day dunk tank, and participated with presenting the keys to the winners of the recent Auto Dealers fundraiser at Huntington Beach Chrysler Jeep. ADJOURNMENT — 11:48 PM to the next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority on Monday, April 16, 2018, at 4:00 PM in the Civic Center Council Chambers, 2000 Main Street, Huntington Beach, California. ATTEST: City Clerk -Secretary 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 e Mayor -Chair