HomeMy WebLinkAbout2018-07-02Minutes
City Council/Public Financing Authority
City of Huntington Beach
Monday, July 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 portion of this meeting
is on file in the Office of the City Clerk, and archived at
www.surfcity-hb.org/governmenVagendas
4:30 PM - COUNCIL CHAMBERS
Based on the amount of time needed to cover Study Session and Closed Session items, the meeting
was called to order at 4:30 PM.
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 received by her office following distribution of the Council agenda packet:
Study Session
PowerPoint communication submitted by Travis Hopkins, Director of Public Works, entitled AB1826 -
Commercial Mandatory Organics Recycling (MORe).
PUBLIC COMMENTS PERTAINING TO STUDY SESSION / CLOSED SESSION ITEMS
(3 Minute Time Limit) — None
STUDY SESSION
18-106 — Representatives from Rainbow Environmental/Republic Services presented
information regarding AB 1826, the State's mandatory commercial organics recycling law,
including an updated proposal for providing City of Huntington Beach businesses with an
AB 1826 compliant recycling program.
City Manager Wilson introduced General Manager Chris Kentopp and Community Relations Manager
Debbie Killey from Republic Services who presented a PowerPoint communication entitled AB 1826 -
Commercial Mandatory Organics Recycling (MORe) with slides titled: What are Organics? California
Council/PFA Regular Minutes
July 2, 2018
Page 2 of 10
Legislative Actions, Organics Legislation, Organics Diversion - Why? AB 1826 Key Program Highlights,
Food Waste Diversion Approach, Food Waste Diversion through Recovery, How is Food Recovered?
Food Waste Diversion Approach, Organics Processing Infrastructure (2), Commercial Costs, Educational
Outreach, Summary AB 1826 Compliance (2), and Rainbow Environmental Campus.
Mayor Pro Tern Peterson and Republic Services Manager Kentopp discussed the 2.18% Commercial
Sector Wide increase generating approximately $424,000, interest expense and taxes, and the process
of how the amount of generated waste determines who is impacted.
Mayor Pro Tern Peterson and City Attorney Gates discussed the issue of challenging unconstitutional
State unfunded mandates.
Councilmember Delgleize and Manager Kentopp discussed the number of customers impacted by AB
1826, and how the processing of organics will take place in Anaheim.
Councilmember O'Connell and Manager Kentopp discussed that there would not be a rate reduction
once the specialized equipment is paid off because the equipment will most likely need to be replaced
within 10 years. Manager Kentopp also stated that each City will bear the cost in equal percentage to
the number of impacted customers they have.
Councilmember Semeta and Manager Kentopp discussed the actual dollar cost increase for a business.
As an example, a business utilizing a 1-yard container, which is emptied once a week at a current cost of
$80, could expect an approximate $4 increase. Manager Kentopp confirmed that at the present time
there are no State funded incentives for this mandate.
Mayor Posey and Manager Kentopp discussed that currently organic waste is processed through a Los
Angeles Sanitation District digester that produces methane that is used to run their equipment.
RECESS TO CLOSED SESSION —4:53 PM
A motion was made by O'Connell, second Semeta to recess to Closed Session for Items 3 — 4. With no
objections, the motion carried.
CLOSED SESSION ANNOUNCEMENT(S)
2. 18-157 — Mayor Posey Announced: Pursuant to Government Code § 54957.6, the City
Council shall recess into Closed Session to meet with its designated labor negotiators:
Peter Brown, outside counsel and Chief Negotiator, Lori Ann Farrell -Harrison, Assistant
City Manager; also in attendance: Fred Wilson, City Manager; David Segura, Fire Chief;
Robert Handy, Chief of Police; Gilbert Garcia, Chief Financial Officer regarding the
following: Huntington Beach Firefighters' Association (HBFA), Municipal Employees'
Organization (MEO), Municipal Employees' Association (MEA) and Huntington Beach
Police Officers' Association (POA).
CLOSED SESSION
3. 18-158 — Pursuant to Government Code § 54957.6, the City Council recessed into Closed
Session to meet with its designated labor negotiators: Peter Brown, outside counsel and
Chief Negotiator, Lori Ann Farrell -Harrison, Assistant City Manager; also in attendance:
Council/PFA Regular Minutes
July 2, 2018
Page 3 of 10
Fred Wilson, City Manager, David Segura, Fire Chief, Robert Handy, Chief of Police, Gilbert
Garcia, Chief Financial Officer regarding the following: Huntington Beach Firefighters'
Association (HBFA), Management Employees' Organization (MEO), Municipal Employees'
Association (MEA), and Huntington Beach Police Officers' Association (POA).
4. 18-159 — 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
Mayor Posey commented on the recent passing of Scott O'Hanlon, Marketing Director at the Hilton
Waterfront Beach Resort who was in many ways a great ambassador for Huntington Beach, and
requested that the Council meeting be adjourned in his memory.
ROLL CALL
Present: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden
Absent: None
PLEDGE OF ALLEGIANCE — Led by Councilmember O'Connell
INVOCATION — 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.
5. 18-112 — Janet Ewell, Church of Jesus Christ of Latter Day Saints - North Stake and
member of the Greater Huntington Beach Interfaith Council
CLOSED SESSION REPORT BY CITY ATTORNEY — None
AWARDS AND PRESENTATIONS
6. 18-103 — Mayor Posey presented a commendation to Huntington Beach High School
student Kylie Cochran for her perfect attendance from kindergarten through her senior
year.
Ms. Cochran stated she has seldom (never on a school day) been sick and thanked her parents for
instilling a good soap and water hand washing habit.
7 1-9 113 Mayor Posey to present commendation to 100 year old Huntington Beach
eident Rita Simonton for her in redible swimming feats
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution)
Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced supplemental
communications received by her office following distribution of the Council Agenda packet:
Council/PFA Regular Minutes
July 2, 2018
Page 4 of 10
Consent Calendar
Item #10. Late communication submitted by Marie Knight, Director of Community Services to correct
term dates for the Recommended Action of Item #10-C.
Item #10. Ten (10) email communications received regarding Recommended Action of Item #10-A from:
Terri Manzo, Kevin Carlin, Mary E. Williams, Joyce Stalcup, Kristen Shearer, Denise Cianca, Katie Kent,
Claudine St. Pierre, Phil Shearer and Gino J. Bruno.
Administrative Items
Item No. 13. A PowerPoint communication submitted by Marie Knight, Community Services Director,
entitled Country Harvest Festival.
Councilmember Items
Item No. 15, Email communication submitted by Spencer Hagaman regarding Shared Mobility Devices.
PUBLIC COMMENTS (3 Minute Time Limit) —15 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/governmentlagendas.
Gina Clayton-Tarvin, Clerk for the Ocean View School District Board of Trustees, was called to speak
and stated her support for Stephanie Green for Item No. 10A regarding appointments to the Community
Services Commission (CSC) as recommended by the local school districts. (00:32:53)
Vanessa Martinez was called to speak and stated her concerns regarding the Huntington Beach Public
Art Alliance and the proposed art mural on the Frontier Communications building at 602 Main Street.
(00:36:19)
Mark Mayes, Huntington Beach resident and volunteer with Tee It Up for the Troops, stated his support
for Councilmember Item No. 14 regarding a proposal to purchase a plaque dedicated to Zach Martinez
for installation at Patriot Point. (00:39:01)
John Partington, Huntington Beach Kiwanis Club Member, was called to speak and expressed
condolences to the family and friends of Scott O'Hanlon. Mr. Partington also announced the HB Kiwanis
Club Annual Pancake Breakfast, July 4th, 7 - 10 am, at Lake Park. (00:41:44)
Kathryn Levassiur, a longtime resident of Huntington Beach, was called to speak and thanked Police
Chief Robert Handy and Community Development Interim Director Jane James for their very informative
Citizen's Academy presentations. She also thanked Councilmember Brenden for the successful Central
Park East cleanup. Speaking as a resident of Huntington Beach, she stated her support for permitting,
taxing and regulating short-term vacation rentals and the resulting sustainable income. (00:43:44)
Al Levassiur was called to speak and stated that he has been married to the previous speaker for nearly
41 years and strongly suggested that the Council heed her suggestions because she is not going to go
away. (00:46:57)
Michael Bolen, long-time resident of Huntington Beach, was called to speak and stated his support for
Councilmember Item No. 14 regarding a proposal to purchase a plaque dedicated to Zach Martinez for
installation at Patriot Point. Mr. Bolen announced that the Bolen Family, Huntington Beach Realty and
he are committed to a $500 donation towards the purchase of the plaque. (00:47:22)
Council/PFA Regular Minutes
July 2, 2018
Page 5 of 10
Teresa Carlisle, Chair, Huntington Beach Art Center Steering Committee, was called to speak and
announced Water Works, July 14 - August 25, a juried exhibition that includes artwork submitted by
Councilmember Semeta. (00:50:23)
Tiffany Tina was called to speak and stated her concerns regarding the Huntington Beach Public Art
Alliance and the proposed art mural on the Frontier Communications building at 602 Main Street.
(00:51:45)
Dennis Bauer, American Legion Huntington Beach Post No. 133, was called to speak and stated support
for Councilmember Item No. 14 regarding a proposal to purchase a plaque dedicated to Zach Martinez
for installation at Patriot Point. (00:54:32)
Jim Pilkington, resident of Huntington Beach, was called to speak stated his support for Councilmember
Item No. 14 regarding a proposal to purchase a plaque dedicated to Zach Martinez for installation at
Patriot Point. (00:55:39)
Bobby McDonald, Chair, Orange County Veterans Affairs Council, was called to speak and stated
support for Councilmember Item No. 14 regarding a proposal to purchase a plaque dedicated to Zach
Martinez for installation at Patriot Point. (00:58:36)
Stephanie Green was called to speak and stated her appreciation at being considered for an
appointment to the Community Services Commission (CSC) as recommended by the local school
districts, regarding Councilmember Item No. 10. She also thanked the Fourth of July Board for one of
her favorite traditions. (01:00:09)
Dan Kalmick was called to speak and stated his support for Councilmember Item No. 15 regarding a
moratorium on Shared Mobility Devices (Bike and Scooter Sharing Services) to allow for public policy
discussions. (01:01:09)
Spencer Hagaman was called to speak and stated his support for Councilmember Item No. 15 regarding
a moratorium on Shared Mobility Devices (Bike and Scooter Sharing Services) to allow for public policy
discussions. (01:03:09)
COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS, AB 1234 REPORTING, AND
OPENNESS IN NEGOTIATIONS DISCLOSURES
Mayor Posey reminded everyone that AB 1234 reports are meetings related to Joint Power Authorities
(JPAs), Commissions, and Committees.
Mayor Pro Tern Peterson reported that the Sanitation District has purchased property across Ellis Street
and will be moving Administration and the labs there to increase space for bio waste and a second water
reclamation facility on their existing property.
Councilmember Semeta reported attending a Water Board meeting where it was announced that there is
a Change Order in process for the relocation of water pipes under the 405 Freeway project which is
expected to reduce the cost of the project. Councilmember Semeta also announced that the Allied Arts
Board is currently receiving nominations for the November award categories via their website.
Council/PFA Regular Minutes
July 2, 2018
Page 6 of 10
Councilmember Brenden reported attending an Allied Arts Board meeting as Council Liaison, a
Downtown Business Improvement District Board meeting, a Public Cable Television Authority (PCTA)
meeting, an Air Traffic Noise Working Group meeting for discussion on next steps, a debriefing on the
recent Community Workshop and reporting findings, and meeting with representatives of the Huntington
Beach Police Officers' Association (HBPOA).
Councilmember O'Connell reported meeting with members of the Huntington Beach Police Officers'
Association (HBPOA), and members of the Huntington Beach Firefighters' Association (HBFA).
Mayor Posey reported attending a Southern California Association of Government (SCAG) Joint Policy
Committee of the Regional Transportation Plan and Sustainable Community Strategy (RTPSCS) meeting
which is required every four (4) years to maintain eligibility for Federal funding. This meeting also
discussed Regional Housing Needs Allocation (RHNA) and there will be upcoming public meetings and
workshops for anyone interested.
City Manager Fred Wilson introduced Leslie Edwards, GIS Analyst, Information Systems, who gave a
presentation highlighting updates available to the public for accessing information on the City's website.
CONSENT CALENDAR
Councilmember O'Connell pulled Consent Calendar Item No. 10 for discussion.
8. 18-148 — Approved and Adopted Minutes
A motion was made by O'Connell, second Delgleize to approve and adopt the City Council/Public
Financing Authority regular meeting minutes dated June 18, 2018, as written and on file in the Office of
the City Clerk.
The motion carried by the following vote:
AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden
NOES: None
9. 18-149 — Approved the June 2018 City of Huntington Beach Strategic Plan Update
A motion was made by O'Connell, second Delgleize to approve the June 2018 Strategic Objectives
Update as contained within Attachment 1.
The motion carried by the following vote:
AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden
NOES: None
10. 18-134 — Approved appointment and reappointments to the Community Services
Commission (CSC) with terms to expire June 30, 2019, as recommended by the local
school districts
Council/PFA Regular Minutes
July 2, 2018
Page 7 of 10
Councilmember O'Connell pulled this item to state his support for Stephanie Green as the Ocean View
School District Representative.
Councilmember Hardy confirmed that Stephanie Green is considered the Ocean View School District
Representative.
Mayor Posey confirmed his support for Stephanie Green as the Ocean View School District
Representative.
A motion was made by O'Connell, second Hardy to appoint Stephanie Green, Ocean View School
District Representative to a term of July 1, 2018, to June 30, 2019; and, reappoint Ian Collins, Fountain
Valley School District Representative to a term of July 1, 2018, to June 30, 2019; and, reappoint Bridget
Kaub, Huntington Beach City School District Representative to a term of July 1, 20178, to June 30,
20189; and, reappoint Roy Miller, Huntington Beach Union High School District Representative to a term
of July 1, 2018, to June 30, 2019, as amended by Supplemental Communication to correct term
identified in Q for Huntington Beach City School District Representative.
The amended motion carried by the following vote:
AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden
NOES: None
11. 18-131 — Approved In -Kind Donation of $10, 000 for the 2018 VISSLA ISA (International
Surfing Association) World Junior Surfing Championship
A motion was made by O'Connell, second Delgleize to approve $10,000 for in -kind donation to the
International Surfing Association.
The motion carried by the following vote:
AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brendan
NOES: None
12. 18-135 — Adopted a Seven -Year Capital Improvement Program (CIP) for fiscal years
2018/2019 through 2024/2025 for compliance with renewed Measure M eligibility
requirements
A motion was made by O'Connell, second Delgleize to adopt the Seven -Year Capital Improvement
Program (FY 2018/2019 through 2024/2025) attached as Exhibit "A" for compliance with renewed
Measure M eligibility requirements.
The motion carried by the following vote:
AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden
NOES: None
ADMINISTRATIVE ITEMS
13. 18-136 — Discussed special event application - Country Harvest Festival; directed staff to
return to Council with options to consider holding concerts on the City beach
Council/PFA Regular Minutes
July 2, 2018
Page 8 of 10
City Manager Wilson introduced Director of Community Services, Marie Knight who highlighted events of
the proposed fall-themed event. She introduced Steve Thacher from Activated Events who presented a
PowerPoint communication entitled: Activated Events, Country Harvest Festival with slides titled: Event
Footprint, Event Demographics, Traffic Plan, Safety & Security, Sound Containment, Food & Beverage,
Benefits for City of Huntington Beach, and Country Harvest Festival vs. City Sponsored Events.
Mayor Posey confirmed with Mr. Thacher that the event would be fenced and all patrons must have
tickets and wristbands for alcohol consumption. Mr. Thacher stated they plan to have 1 security person
for every 100 attendees.
Councilmember O'Connell expressed concern regarding the noise level and Mr. Thacher explained that
delay towers are used to eliminate the need to blast the sound from the main stage area all the way to
the perimeters.
Mayor Pro Tem Peterson and Mr. Thacher discussed actual footprint and date for the event.
Councilmember Hardy questioned why the State beach is not hosting the Country Harvest Festival, and
Mr. Thacher explained that the State beach has a previous commitment and is not available on October
7.
Councilmember Delgleize and Mr. Thacher discussed that support for this event that has been received
from area hotels. Mr. Thacher expressed interest in working closely with the Chief of Police to address
security concerns, and arranging off -site parking and shuttle service. Mr. Thacher stated that the sound
stage would be facing south.
Police Chief Handy expressed his concerns regarding concerts and alcohol on the beach, associated
traffic impacts and strain on staff, including the impact on Main Street when beach events close down.
Chief Handy reminded Council that the City has received and denied similar requests for concerts on the
beach, and questioned if the Council is leaning towards a change in policy.
City Attorney Michael Gates confirmed that approval of this event would have several ramifications, and
the purpose of this presentation is for Council to consider whether there should be a change in the policy
that does not allow beach concerts and has been in place for about five years.
Mayor Posey and Director Knight discussed Coastal Commission requirements for ticketed and fenced
beach events held during the summer months.
Councilmember Brendan and Mr. Thacher discussed the process for giving preference to local food
vendors. Mr. Thacher also explained that the majority of tickets are sold on-line and ticket sales are
stopped when 8,000 tickets have been sold. There was further discussion on Council considerations
such as parking structure rates, security and the City fee for ticketed events.
Councilmember Semeta expressed her reservations because approval would be a serious policy shift,
and she suggested there be a study session with staff providing more policy details.
Councilmember Hardy shared some history regarding why the policy to ban beach concerts and alcohol
service was implemented. She also stated that the location for the proposed event will definitely affect
Council/PFA Regular Minutes
July 2, 2018
Page 9 of 10
the Main Street Downtown area. Councilmember Hardy further stated that she cannot support this item
because it deviates from a policy she was part of establishing.
Mayor Posey confirmed with City Manager Wilson and City Attorney Gates that staff needs to come back
with policy options for allowing concerts on the City beach, including input from all affected departments,
California Coastal Commission restrictions, and fee schedule(s).
Councilmember Hardy asked that staff also look at how Spring Break and existing recreational vehicle
camping would be affected by a policy change.
A motion was made by Posey, second O'Connell to advise direct staff OR aRy ^^'e^"a' a^"^^ to present
at a future Study Session policy options to allow concerts on the City beach, including, but not limited to,
fee schedule(s), public safety enhancements, California Coastal Commission restrictions (acknowledging
coastal development permit requirements for ticketed, exclusive beach events between Memorial and
Labor Day holidays), existing recreational vehicle camping, and Spring Break, as amended.
The amended motion carried by the following vote:
AYES: O'Connell, Peterson, Posey, Delgleize and Brenden
NOES: Hardy, and Semeta
COUNCILMEMBER ITEMS
14. 18-147 — Submitted by Councilmember Delgleize — Authorized staff to return with a
proposal to purchase a plaque dedicated to Zach Martinez for installation at Patriot Point
Councilmember Delgleize thanked the public speakers who expressed support for this item. City
Manager Wilson stated that if approved, it will not be easy to actually implement because of State
regulations.
Mayor Posey acknowledged and thanked Mr. Bolen for the public commitment to help with costs.
A motion was made by Delgleize, second O'Connell to direct the City Manager to return with a proposal
to purchase a plaque commemorating the life and dedication of Mr. Martinez and install said plaque at
Patriot Point.
The motion carried by the following vote:
AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden
NOES: None
15. 18-156 — Approved Item Submitted by Councilmember Brenden — Directed staff to return
with a proposal for a moratorium on Shared Mobility Devices (Bike and Scooter Sharing
Services) and schedule a Study Session
Councilmember Brenden presented a PowerPoint communication with slides entitled Background,
Smartphone App, Benefits, Drawbacks (2), Case Study: Santa Monica Regulation, and Summary.
Council/PFA Regular Minutes
July 2, 2018
Page 10 of 10
Mayor Pro Tern Peterson explained his understanding that Santa Monica actually encouraged and
allowed these businesses but did not have any established guidelines or restrictions. He further stated
his opinion that this does not need to be a priority item and suggested allowing more time for staff to
prepare for a study session.
Councilmember Hardy expressed her opinion that there is definitely a need for a policy or system on the
proper way to dispose of, or store, the bikes or scooters when they are not being used.
Councilmember Delgleize stated her support for this effort to determine policies and fees, and expressed
her concern about some areas of the City that are already too congested.
Councilmember Semeta stated her support for this item and the need to be proactive.
A motion was made by Brenden, second Delgleize to direct the City Manager to work with the City
Attorney to return to the July 16, 2018, City Council Meeting with a proposal for a 120-day moratorium on
Shared Mobility Device Services operating in Huntington Beach, and directing the City Manager and City
Staff to hold a Study Session on Shared Mobility Devices within 60 120 days. Study session to include a
survey of current regulations being applied in other cities, as amended.
The amended motion carried by the following vote:
AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden
NOES: None
COUNCILMEMBER COMMENTS (Not Agendized) — None.
Recessed at 8:02 PM to continue discussion on Closed Session Item No. 3. (18-158 — Labor
Negotiations).
ADJOURNMENT — At 9:06 PM in memory of Scott O'Hanlon, former Director of Marketing, Waterfront
Hilton Beach Resort to the next regularly scheduled meeting of the Huntington Beach City Council/Public
Financing Authority on Monday, July 16, 2018, at 4:00 PM in the Civic Center Council Chambers, 2000
Main Street, Huntington Beach, California.
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