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HomeMy WebLinkAbout2018-08-06Minutes City Council/Public Financing Authority City of Huntington Beach Monday, August 6, 2018 4:00 PM - Council Chambers 6:00 PM - Council Chambers Civic Center, 2000 Main Street Huntington Beach, California 92648 A video recording of the 4:00 PM and 6:00 PM portions of this meeting is on file in the Office of the City Clerk, and archived at www.surfcity-hb.org/governmenVagendas/ 4:00 PM - COUNCIL CHAMBERS (Note: Technical difficulties experienced resulted in the lack of audio for the first half of Study Session Item No. 1). CALL TO ORDER — 4:00 PM ROLL CALL Present: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden Absent: None ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced supplemental communications that were received by her office following distribution of the Council Agenda packet: Study Session Item No. 2— 18-139 PowerPoint communication submitted by Task Force Members, entitled Huntington Beach Public Art Master Plan Proposal. Item No. 2— 18-139 PowerPoint communication submitted by Visit Huntington Beach, President & CEO Kelly Miller, showing examples of Public Art. PUBLIC COMMENTS PERTAINING TO STUDY SESSION / CLOSED SESSION ITEMS — 5 Speakers (3 Minute Time Limit) The number [hh:mm: ss] following the speakers' comments indicates their approximate starting time in the archived video located athttp://www.surfcity-hb.orglgovemmentlagendas. Note: Due to the lack of audio recorded until the middle of Study Session Item No. 1, Public Comments notes reflect information provided on the Request to Speak form only. Maureen was called to speak. (00:01:25) Council/PFA Regular Minutes August 6, 2018 Page 2 of 14 Shari Engel was called to speak and voiced opposition to certain budget balancing options provided by the Finance Commission for Study Session Item No. #1 - 18-170. (00:02:43) Kathryn Levassiur was called to speak and voiced opposition to certain budget balancing options provided by the Finance Commission for Study Session Item No. #1 - 18-170. (00:04:30) Phil Larschan was called to speak. (00:06:47) Kelly Miller was called to speak and stated his support for Study Session Item No. 18-139 regarding the Public Art Master Plan Proposal. (00:08:23) STUDY SESSION I. 18-170 Joint Meeting of the Finance Commission and City Council — Finance Commission presented Budget balancing options ROLL CALL (Finance Commission) Present: Hreish (chair), Sterud (vice chair), Lo Grasso, Romero, Small, Van Der Mark Absent: Bunten Commissioner Small presented a PowerPoint communication entitled Budget Balancing Options with slides titled: Projected Budget Deficits, Directions and Recommendations, Recommendations (9), Recommendations Related to Police and Fire Departments (5) and Questions. Mayor Pro Tern Peterson thanked the Finance Commission for the information and asked that they provide the Council with a packet that provides the background details for the points made in the presentation. Councilmember O'Connell and Police Chief Handy discussed details related to Police Department overtime costs, specifically savings for paid overtime versus hiring additional full time officers. Discussion also took place on the level of authority for security officers, and use of field training officers. Councilmember O'Connell concluded comments by requesting information on the saturation point for Police Department overtime. Mayor Posey and Finance Commissioners discussed that Huntington Beach is competitive with other neighboring cities (Seal Beach, Newport Beach, Fountain Valley) regarding Transient Occupancy Tax (TOT). With regard to information listed under Fees and Charges, actual costs are in the middle or lower end for most items compared to neighboring cities. Councilmember Brenden and Chief Financial Officer (CFO) Garcia discussed projected budget deficit numbers through 2022 and 2023, and how they reflect anticipated revenues and expenses. Councilmember Brenden expressed the importance of understanding the impacts of identified options on City residents. Councilmember Delgleize and Finance Commissioners discussed possible options for increasing revenue, including increased fines for Municipal Code violations. Council/PFA Regular Minutes August 6, 2018 Page 3 of 14 Councilmember Semeta expressed her support for basing fees and charges on actual costs, and suggested evaluating proposed increases to determine if they will most likely affect residents and/or tourists. She also expressed concerns about Code Enforcement not having adequate resources to manage newly instituted fines for short-term rentals, calling for balance and perhaps use of an independent contract. Councilmember Brenden and CFO Garcia discussed limited, systematic collection of TOT in Sunset Beach. Mayor Posey expressed appreciation to the Finance Commission for their service. 2. 18-139 ITEM POSTPONED Public Art Master Plan Proposal continued to the 8/20/2018 Study Session To allow ample time for items scheduled under Closed Session, City Manager Wilson recommended that the Public Art Master Plan Proposal be postponed to the August 20, 2018 Study Session to properly present information. It was also recommended that the August 20, 2018 Study Session begin at 3:30 PM. RECESS TO CLOSED SESSION — 4:56 PM A motion was made by O'Connell, second Semeta to recess to Closed Session for Items 3 — 9. With no objections, the motion carried. CLOSED SESSION 3. 18-229 Pursuant to Government Code § 54956.9(d)(2), the City Council recessed into Closed Session to confer with the City Attorney regarding potential litigation. Number of cases, one (1). 4. 18-230 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: Huntington Beach Police Officers' Association (HBPOA) v. City of Huntington Beach, Orange County Superior Court Case No. 30-2016-00884624. 5. 18-231 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: Silvia Aleksiejczyk v. City of Huntington Beach, Orange County Superior Court Case No. 30-2018-00972803. 6. 18-232 Pursuant to Government Code § 54956.9(d)(1), the City Council recessed into Closed Session to confer with the City Attorney regarding the following lawsuit: John Thomas Christiana v. City of Huntington Beach and Robert Handy, Orange County Superior Court Case No. 30-2017-00918017. 7. 18-235 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. Council/PFA Regular Minutes August 6, 2018 Page 4 of 14 8. 18-243 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: City of Huntington Beach vs. Surf City Beach Cottages, LP, Orange County Superior Court Case No. 30-2016-00874885. 9. 18-244 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: Carlene Hanson v. City of Huntington Beach, Orange County Superior Court Case No. 30-2016-00863143. 6:00 PM - COUNCIL CHAMBERS RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING — 6:15 PM ROLL CALL Present: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy and Brenden Absent: None PLEDGE OF ALLEGIANCE — Led by Councilmember Brenden 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 Provided by Pastor James Pike, Lutheran Church of the Resurrection and member of the Greater Huntington Beach Interfaith Council CLOSED SESSION REPORT BY CITY ATTORNEY — None AWARDS AND PRESENTATIONS 10. 18-209 Mayor Posey called on family members of the late Scott O'Hanlon and presented them with a special commendation for his contributions to the Huntington Beach community. 11. 18-210 Mayor Posey presented commendations to members of the City's Citizens Academy for their participation in the City's 2nd Annual Program. The following citizens were acknowledged for completing the Academy: Linda Allen, Priscilla Atkinson, Annie Auzenne, Susan Cook, Rosemary Daley, Dan Donati, Leigh Ann Gilmore, Laurie Gruender, Amory Hanson, Michael Hoskinson, Karen Jackie, Laurette Jennings, Kathryn Levassiur, David Martin, Ellen Riley, Roxanna Ross, Pam Rubly, Marla Sarportar, Corvi Urling, Gracey VanDerMark, Dixie Walters, John Welfringer, and Christy Young 12. 18-220 Mayor Posey called on Southern California Gas representative Lanae O'Shields, who presented the Energy Efficiency Incentive Check for the Well Pump Project. Council/PFA Regular Minutes August 6, 2018 Page 5 of 14 Miss O'Shields explained the services provided by Southern California Gas for over 150 years. She recognized the City of Huntington Beach for energy efficiency through participation in various Southern California Gas programs, including Well Pump Replacement for Well No. 6. This project generated substantial therm savings, cost savings and incentive dollars for the City, resulting in a check for $10,807.00. 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. 16 — 18-203 Interdepartmental Communication received from City Clerk Robin Estanislau re: Correction to Agenda Item #16 (18-203), City Council Draft Minutes dated 07/16/2018. Item No. 20— 18-181 Interdepartmental Communication received from Chief Financial Officer Gilbert Garcia requesting this item be pulled from the agenda for consideration. Item No. 22— 18-225 Interdepartmental Communication received from Public Works Director Travis Hopkins regarding Brookhurst Bridge Public Works Commission Action. Administrative Items Item No. 23 — 18-217 PowerPoint communication entitled Proposed Harbor Commission. Item No. 24—18-227 PowerPoint communication submitted by the Ad Hoc Coastal Area Odors Committee entitled Dissolution of the Ad Hoc Coastal Area Odors Committee Councilmember Items Item No. 26 — 18-240 Email communication regarding the City's Electric Vehicle Charging Infrastructure received from: Mark Bixby, Phil Burtis, and Steven Shepherd PUBLIC COMMENTS (3 Minute Time Limit) —16 Speakers The number [hh:mm: ss] following the speakers' comments indicates their approximate starting time in the archived video located athttp://www.surfcity-hb.org/government/agendas. Amory Hanson was called to speak and stated his support for Administrative Item No. 23 regarding the Creation of a "Harbour" Commission, and his support for Councilmember Item No. 25 regarding Senate Bill 35 — Planning and Affordable Housing. (01:23:00) Phil Larschan, a Huntington Beach homeowner and provider of short-term rentals, was called to speak and encouraged the City Council to set up guidelines and a tax to properly manage the potential income from Short -Term Rentals. (01:24:27) Mary Frank, a 17-year resident and Founding Member, Huntington Beach Short -Term Rental Alliance, was called to speak and encouraged the City Council to set up guidelines and a tax to properly manage the potential income from Short -Term Rentals. (01:25:36) Robert Frank was called to speak and encouraged the City Council to set up guidelines and a tax to properly manage the potential income from Short -Term Rentals. Mr. Frank further stated the importance Council/PFA Regular Minutes August 6, 2018 Page 6 of 14 of Fire Ground staff based on his career experience, and asked that Fire Ground staffing be maintained (01:26:36) Michael Elliott, 30-year resident of Huntington Beach, was called to speak and encouraged the City Council to set up guidelines and a tax to properly manage the potential income from Short -Term Rentals (01:28:44) Bill Larkin, a resident of Huntington Harbour, was called to speak and stated his support for a Public Art Master Plan Proposal, and his support for Administrative Item No. 23 - Creation of a Harbor Commission (01:31:48) Bob Delmer, a Huntington Harbour resident since 1964, was called to speak, and as the owner of a short-term rental property, he encouraged the City Council to set up guidelines and a tax to properly manage the potential income from Short -Term Rentals. (01:34:50) Nancy Stewart, resident of Huntington Beach for 18 years who owns short-term rental property, was called to speak and encouraged the City Council to set up guidelines and a tax to properly manage the potential income from Short -Term Rentals. (01:36:06) Jeff Warnock was called to speak and stated his support for Consent Calendar Item 18-228 to approve the appointment of Chana Warnock to the Children's Needs Task Force (CNTF). (01:38:18) Chana Warnock was called to speak and thanked Councilmembers Brenden and O'Connell for recommending her appointment to the Children's Needs Task Force (CNTF) and explained why she feels qualified to serve in this capacity. (01:40:08) Kathryn Levassiur, a 20-year resident of Huntington Beach, was called to speak and thanked the many City staff who participated in the recent Citizens Academy, as well as Mayor Posey for his "Meet the Mayor" meetings this year. Mrs. Levassiur also encouraged the City Council to set up guidelines and a tax to properly manage the potential income from Short -Term Rentals. (01:45:24) Peter Gevorkian, a Huntington Beach resident, homeowner and small business owner, was called to speak and encouraged the City Council to set up guidelines and a tax to properly manage the potential income from Short -Term Rentals. (01:48:24) Dana Nguyen, a five-year resident of Huntington Beach and small business owner, was called to speak and encouraged the City Council to set up guidelines and a tax to properly manage the potential income from Short -Term Rentals. (01:52:07) Al Levassiur was called to speak and encouraged the City Council to look at the cornucopia of data that Kathryn Levassiur has related to setting up guidelines and a tax to properly manage Short -Term Rentals. (01:54:46) Pat Byers, 30-year resident of Downtown Huntington Beach who owns short-term rental property, was called to speak and encouraged the City Council to set up guidelines and a tax to properly manage Short -Term Rentals. (01:55:29) Council/PFA Regular Minutes August 6, 2018 Page 7 of 14 Steve Nguyen, a resident of Huntington Beach and owner of short-term rental property, was called to speak and encouraged the City Council to set up guidelines and a tax to properly manage Short -Term Rentals. (01:56:55) COUNCIL COMMITTEE — APPOINTMENTS — LIAISON REPORTS, AB 1234 REPORTING, AND OPENNESS IN NEGOTIATIONS DISCLOSURES Mayor Pro Tern Peterson reported attending a meeting of the Orange County Sanitation District (OCSD) where they announced full staffing for the US Open of Surfing, including weekend hours, to be prepared to handle any sewage issues. Councilmember Semeta reported attending a meeting of the Allied Arts Board where staff presented recommendations for the future role of the Allied Arts Board in a Public Art Master Plan. The Allied Arts Board agreed with the recommendations. Councilmember Delgleize reported that the Orange County Transit Authority (OCTA) had two meetings over the weekend related to the McFadden Bridge project over the 405 Freeway. The Bridge will be closed to all traffic (vehicle, foot, and bicycle) for one year beginning August 6, 2018. Details about affected OCTA bus routes will be available on the City of Huntington Beach website, as well as through OCTA. Councilmember Delgleize also reported meeting with members of the Police Officers' Association (POA). Councilmember Brenden reported that the Air Traffic Noise Working Group recently held its tenth meeting to discuss how to proceed in preparing a report to City Council in an upcoming Study Session. Councilmember Brenden also reported attending a Public Cable Television Authority (PCTA) meeting where the Fiscal Year End financials were presented. There is currently about $3M in available cash. A new Mission Statement was also approved by the PCTA Board. He attended a meeting of the Council Subcommittee on Homelessness where it was reported that the Huntington Beach Police Department has begun daily inspections of 17 different public locations. Councilmember O'Connell reported attending the Council Subcommittee on Homelessness, and meeting with representatives of the Police Officers' Association (POA). Mayor Posey reported that the West Orange County Water Board completed the drilling project under the 405 Freeway without incident, and he also reported meeting with Police Officers' Association (POA) representatives. 13. 18-214 Council Report/Appointment of a Voting Delegate and Alternate to the League of California Cities Annual Conference and Business Meeting A motion was made by Hardy, second Brenden to appoint Mayor Posey to serve as the voting delegate and City Council Members O'Connell and Brenden as alternates to represent the City of Huntington Beach at the 2018 League of California Cities Annual Conference and Business Meeting, scheduled for September 12-14, 2018. The motion carried by the following vote: AYES: Semeta, Peterson, Posey, Delgleize, Hardy and Brenden NOES: None Council/PFA Regular Minutes August 6, 2018 Page 8 of 14 OUT OF ROOM: O'Connell CITY MANAGER'S REPORT 14. 18-239 Public Safety Update - U. S. Open of Surfing City Manager Fred Wilson introduced Police Chief Robert Handy who provided a brief overview of the Police Department's participation at the US Open and summarized that the event was very successful. Chief Handy reported 80 arrests, 83 criminal reports, 260 civil citations, 50 criminal citations, 181 alcohol related citations, 368 traffic citations, and 884 parking violations over the nine days of the event. Chief Handy thanked all City staff who went above and beyond their normal duties to ensure a successful event. Fire Chief David Segura concurred with the success of the event and reported 38 people required medical attention with 26 actually being transported. Chief Segura thanked the CERT volunteers who treated and released 230 patients with minor cuts and bruises. CITY TREASURER'S REPORT 15. 18-207 Received and filed the City Treasurer's June 2018 Quarterly Investment Report for June 2018, Pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach City Treasurer Alisa Cutchen presented a PowerPoint communication entitled City of Huntington Beach Quarterly Treasurer's Report with slides entitled: Economic and Market Overview -At 6130118, Interest Rates - Rising 2-year Treasury, Portfolio Summary as of 6130118, Investments by Type as of 6130118, Monthly Portfolio Earnings - July 2017 to June 2018, Recent Changes affecting Investment Portfolio, Portfolio Earnings - as of June 30, 2018, and Compliance. A motion was made by O'Connell, second Semeta to receive and file the City Treasurer's June 2018 Quarterly Investment Report for June 2018, pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach The motion carried by the following vote: AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy and Brenden NOES: None CONSENT CALENDAR Councilmember Brenden pulled Items 19 & 21, and Mayor Posey pulled Item 18 for further discussion. 16. 18-203 Approved and Adopted Minutes A motion was made by O'Connell, second Semeta to approve and adopt the City Council/Public Financing Authority regular meeting minutes dated July 16, 2018, as written and on file in the Office of the City Clerk, as amended by Supplemental Communication. The motion carried by the following vote: Council/PFA Regular Minutes August 6, 2018 Page 9 of 14 AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy and Brenden NOES: None 17. 18-212 Approved the July 2018 City of Huntington Beach Strategic Plan Update A motion was made by O'Connell, second Semeta to approve the July 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 18. 18-228 Approved the appointment of Chana Warnock to the Children's Needs Task Force (CNTF) as recommended by Council Liaisons Brenden and Billy O'Connell Mayor Posey pulled this item to state that he fully supports Chana Warnock's appointment to the Children's Needs Task Force. Councilmember Brenden stated that in his opinion there is no one that fits the requirements better than Chana Warnock. A motion was made by Posey, second Brenden to approve the appointment of adult representative Chana Warnock for a partial term to expire August 31, 2019, as recommended by Council Liaisons Brenden and O'Connell. The motion carried by the following vote AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy and Brenden NOES: None 19. 18-169 Approved and authorized execution of a Sponsorship Agreement between the City of Huntington Beach; and, Adopted a Highway Maintenance Corporation for Trash Receptacles and Sponsorship Councilmember Brenden pulled this item to ask staff if there is anything different in this contract compared to the previous ten-year contracts, and the amount of revenue generated in years 7 — 10. Deputy Director of Economic Development Kellee Fritzal stated that the number of receptacles has increased from 410 to 525, the receptacles are new and improved, and will all have lids. The 3 percent (3%) annual revenue split is expected to provide about $15,000 — $16,000 in years 7 to 10. A motion was made by Brenden, second Delgleize to approve the "Sponsorship Agreement between the City of Huntington Beach and Adopt a Highway Maintenance Corporation for Trash Receptacles and Sponsorship"; and, authorize the Mayor, City Manager, and City Clerk to execute the Sponsorship Agreement and other related documents on behalf of the City. The motion carried by the following vote Council/PFA Regular Minutes August 6, 2018 Page 10 of 14 AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy and Brenden NOES: None 20. 18-181 WITHDRAWN — Approve and authorise execution of Professional cervices Centr2r-t with Davis Farr, n a eI I D i amount not fd $121 r500 for TFanefen{ OGGUpanGy Tax, Utility Use. Tax, and Lease e Connessien A..dit Renfroes 21. 18-202 Approved and authorized execution of Amendment No. 4 to Ground Lease Agreement between the City of Huntington Beach and American Tower Asset Subset, LLC Councilmember Brencien pulled this item to discuss details with Director Kellee Fritzal who confirmed that the revenue sharing portion of this Agreement is a new component, and at current competitive rates. A motion was made by Brenden, second Delgleize to approve Amendment No. 4 to Ground Lease Agreement between the City of Huntington Beach and American Tower Asset Subset, LLC; and, authorize the Mayor, City Manager, and City Clerk to execute Amendment No. 4 and other related documents. The motion carried by the following vote: AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy and Brenden NOES: None 22. 18-225 Approved and authorized the Director of Public Works to implement Change Order No. 1 for the Brookhurst Street Bridge Preventive Maintenance project, CC-1449; and authorized an appropriation from the Gas Tax Fund of $212,000 A motion was made by O'Connell, second Semeta to approve Change Order No. 1 and appropriate $212,000 from the Gas Tax undesignated fund balance to account 20790010.82800. The motion carried by the following vote: AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy and Brenden NOES: None ADMINISTRATIVE ITEMS 23. 18-217 Approved Creation of a Harbor Commission City Manager Wilson introduced Director of Community Services Marie Knight who presented a PowerPoint communication entitled Proposed Harbor Commission with slides entitled: Research, Harbor Commission Role, Harbor Commission Responsibilities(2), Harbor Commission Composition and Questions. Councilmember Delgleize and Director Knight discussed that within the municipal code and regulations, "harbor" is used, whereas "Harbour" is used for the location and area mall names. Council/PFA Regular Minutes August 6, 2018 Page 11 of 14 Councilmember Semeta stated that this Commission is not intended to become a restrictive or regulatory agency, and expressed her desire to be a Council Liaison going forward. Mayor Pro Tem Peterson thanked staff for the thorough report, and stated the vision is an advisory body composed of Huntington Harbour residents, boaters and area business owners. A motion was made by Peterson, second Semeta to authorize the City Attorney to prepare a Municipal Code Amendment creating a Harbor Commission; and, authorize the City Manager and Director of Community Services to create application guidelines for the Harbor Commission. The motion carried by the following vote: AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy and Brenden NOES: None 24. 18-227 Dissolution of the Ad Hoc Coastal Area Odors Committee City Manager Wilson asked Committee member Mayor Posey to present a PowerPoint communication entitled Dissolution of the Ad Hoc Coastal Area Odors Committee with slides entitled: Background, Odor Response, Ad Hoc Committee and Recommendations. Councilmember Brenden reported that the number of complaints about area odors appears to be decreasing, and the Committee determined that the City has no jurisdiction over the sources of the odors. The Air Quality Management District (AQMD) did ask the Ad Hoc Committee to present the issues to the Environmental Protection Agency (EPA) and Coast Guard, who both agreed to get involved with the AQMD investigation. Councilmember O'Connell thanked the Huntington Beach Fire Department, AQMD, EPA and Coast Guard for their continued vigilance on this issue. A motion was made by O'Connell, second Brenden to dissolve the Ad Hoc Committee until further authorized by the City Council. The motion carried by the following vote: AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy and Brenden NOES: None COUNCILMEMBER ITEMS 25. 18-238 Approved as Amended Item Submitted by Mayor Posey — Senate Bill 35 — Planning and Affordable Housing Mayor Posey introduced this item by providing background details and summarized SB 35 as "Sacramento believes that local land use decisions are best made in Sacramento." Mayor Posey also provided examples of California cities impacted by developers who invoked SB 35 to get State approval for their development project regardless of local regulations and permit requirements. Council/PFA Regular Minutes August 6, 2018 Page 12 of 14 City Attorney Michael Gates explained that, if this item is approved, the legal analysis and recommendations will be a Closed Session report to Council, followed by a Closed Session Report by the City Attorney during the public portion of the City Council meeting. Councilmember Hardy stated her support for this item as long as the initial report is made in Closed Session. Councilmember Semeta stated her agreement with Councilmember Hardy's comments, and asked that the motion be amended to "bring back to Council in Closed Session." A motion was made by Posey, second Delgleize to direct the City Attorney to investigate any and all legal action against the State of California in regards to Senate Bill 35 to exempt us from the requirements of Senate Bill 35, as amended to provide findings in Closed Session within 45 days. The motion carried by the following vote: AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy and Brenden NOES: None 26. 18-240 Approved as Amended Item Submitted by Councilmember Brenden — Electric Vehicle Charging Infrastructure Councilmember Brenden presented a PowerPoint communication entitled: EV Charging Infrastructure with slides entitled: Increasing Demand, Economic Practicality, Future of EVs, Charging Infrastructure and Recommended Action. Councilmember Hardy shared that she received emails from people in the community who have valid input on this topic, as well as communication from Southern California Edison, and stated for the record her opinion that the process should include opportunities for input from all interested individuals and organizations. Councilmember Delgleize stated her support for this item, and including in the process everyone who has information and knowledge. Mayor Pro Tern Peterson shared some of his concerns such as policies related to signage, and removing general parking spaces to designate for only EV use in areas like Downtown where parking is already at a premium. Councilmember Brenden thanked his colleagues for bringing up important questions and agreed the effort will include regulatory components which most likely will be different for private property vs public locations. Councilmember Brenden further stated that this specific item is only addressing charging stations on City -owned property, and needs to include input from potential vendors, therefore, to the best of his understanding, it must be an RFP. Councilmember Semeta stated her need for much more research and discussion before reaching the RFP stage. Councilmember Hardy and City Manager Wilson discussed the need for policy discussions before producing an RFP as potential vendors will need to have accurate size and scope details, and it will Council/PFA Regular Minutes August 6, 2018 Page 13 of 14 come back as a Study Session item. Another question to consider, depending upon location within the City, is whether or not there are coastal zone considerations. Mayor Posey stated that in his mind the first question is to determine whether electricity is a utility or a fuel in this situation, as he believes municipalities are in the utility, not fuel, business. Councilmember Brenden asked that staff include the current vendor agreement as part of their report. A motion was made by Hardy, second Peterson to direct the City Manager to issue a return to Council with recommendations on information to include within a Request for Proposal (RFP) document (type, scope, size, locations, etc.), for the expansion of the City's electric vehicle charging infrastructure in public places, adding additional charging stations for public use at City facilities. 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 Tem Peterson thanked Director Fritzal, Community Relations Officer Toledo, Fire Chief Segura, Police Chief Handy, and all City staff who had a part in creating such a sense of community and safety for the US Open of Surfing. Councilmember Hardy reported attending many US Open events, including the Welcome Reception for the Tokyo 2020 Officials. Councilmember Hardy also attended the Ribbon Cutting for Duck Donuts, made a business visit to Four Sons Brewing, and attended the Jr. Lifeguard Sandcrab Movie Night. Councilmember Semeta reported attending the Jimboy's Tacos Grand Opening and Ribbon Cutting, the Walk On Water event to take about 100 special needs kids surfing, the SE Area Community Meeting, the California Surfing Day Announcement, Surfboards on Parade 2018 VIP Unveiling Party, and several US Open of Surfing events. Councilmember O'Connell reported attending the Jimboy's Tacos Grand Opening and Ribbon Cutting, and the Walk On Water event to take special needs kids surfing. Councilmember O'Connell also thanked all of the City staff who were instrumental in providing the safe and successful US Open of Surfing. Councilmember Delgleize reported attending the Surfboards on Parade 2018 VIP Unveiling Party, and multiple events for the US Open including the Welcome Reception with the Tokyo 2020 Officials. Councilmember Delgleize also congratulated Diana Arbruscato for an outstanding Pickleball Tournament recently held at Murdy Park. Councilmember Brenden congratulated Courtney and Kenoah for their US Open performances. He also congratulated Diana Arbruscato for what she has created for pickleball players in Huntington Beach. He reported attending the Four Sons Brewing business visit, taking a tour to the Mexico/US border, meeting with Border Patrol staff and observing some of their enforcement challenges, and attending the Walk On Water event to take special needs kids surfing, which was held near the new All Inclusive Playground at 9th Street. Council/PFA Regular Minutes August 6, 2018 Page 14 of 14 Mayor Posey reported attending the Duck Donuts Ribbon Cutting, meeting with National Weather Service staff for inspection of the new tsunami signage in Sunset Beach, meeting with two visiting student groups from China, attending the Grand Opening and Ribbon Cutting for Jimboy's Tacos, hosting a Meet the Mayor event at Johnny's Saloon & Pizzeria, attending the Blessing & Celebration of Marriage & Family at Old World Village, the California Surfing Day as September 20 Announcement, many US Open events including Surfboards on Parade 2018 VIP Unveiling Party to Celebrate the 25th Anniversary of the Surfing Walk of Fame, and Welcome Reception with Tokyo 2020 Officials. Mayor Posey also thanked HB Fire, Police, and Marine Safety for a safe US Open of Surfing. ADJOURNMENT — 8:40 PM to the next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority on Monday, August 20, 2018, at 4:00 PM in the Civic Center Council Chambers, 2000 Main Street, Huntington Beach, California. INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA AND STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT http://www.huntingtonbeachca.gov ATTEST: l,4l waw City Clerk -Secretary CityCity C x-o`ff ci Clerk Council of the City of Huntington Beach and Secretary of the Public Financing Authority of the City of Huntington Beach, California Mayor- hair