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HomeMy WebLinkAbout2018-10-15Minutes City Council/Public Financing Authority City of Huntington Beach Monday, October 15, 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 6:00 PM portion of this meeting is on file in the Office of the City Clerk, and archived at www.surfcity-hb.ora/aovernment/aaendas/ 4:30 PM - COUNCIL CHAMBERS CALL 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) — None PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS (3 Minute Time Limit) — None RECESSED TO CLOSED SESSION — 4:31 PM A motion by O'Connell, second Delgleize to recess to Closed Session for Items 1 - 4. With no objections, the motion carried. CLOSED SESSION ANNOUNCEMENT Mayor Posey Announced: Pursuant to Government Code § 54957.6, the City Council takes this opportunity to publicly introduce and identify designated labor negotiators: Fred A. Wilson, City Manager, Peter Brown, outside counsel and Chief Negotiator, Lori Ann Farrell -Harrison, Assistant City Manager; also in attendance: David Segura, Fire Chief, Robert Handy, Chief of Police, Gilbert Garcia, Chief Financial Officer, Michele Warren, Director of Human Resources regarding the following: Huntington Beach Firefighters' Association (HBFA), Municipal Employees' Association (MEA), Management Employees' Organization (MEO), and Huntington Beach Police Officers' Association (PDA). CLOSED SESSION 18-427 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: Shay v. City of Huntington Beach, et al.; USDC Case No.: 8:17-CV-00744-AG (JCGx). Council/PFA Regular Minutes October 15, 2018 Page 2 of 17 2. 18-433 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). 3. 18-437 Pursuant to Government Code § 54957.6, the City Council recessed into Closed Session to meet with its designated labor negotiators: Fred A. Wilson, City Manager, Peter Brown, outside counsel and Chief Negotiator, Lori Ann Farrell -Harrison, Assistant City Manager; also in attendance: David Segura, Fire Chief, Robert Handy, Chief of Police, Gilbert Garcia, Chief Financial Officer, Michele Warren, Director of Human Resources regarding the following: Huntington Beach Firefighters' Association (HBFA), Municipal Employees' Association (MEA), Management Employees' Organization (MEO), Police Officers' Association (PDA), and Police Management Association (PMA). 4. 18-438 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: Gary Finney v. City of Huntington Beach Workers' Compensation Case Claim No. COHB-18-0011. 6:00 PM - COUNCIL CHAMBERS RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING — 6:00 PM ROLL CALL Present: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden Absent: None PLEDGE OF ALLEGIANCE — Led by Councilmember O'Connell INVOCATION 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. 18-305 Mark Currie of Baha'i of Huntington Beach and member of the Greater Huntington Beach Interfaith Council CLOSED SESSION REPORT BY CITY ATTORNEY — None AWARDS AND PRESENTATIONS ra k7fCL•L�.LLrRT!•LT.frlS71T-T.T:11 f:.. - .....ETS:7 7. 18-382 Mayor Posey called on Julia Lynch, Executive Officer of Southeast County Young Marines to proclaim Red Ribbon Week as October 23-31. Council/PFA Regular Minutes October 15, 2018 Page 3 of 17 Young Marine Sargent Sean McGuy shared the purpose of the Young Marine program, which includes spreading the message on the danger of drugs during Red Ribbon Week, and thanked the City for acknowledging their efforts. 8. 18-405 Mayor Posey proclaimed October as Arts and Humanities Month, and presented a proclamation to Mary Lou Shattuck and Mike Adams, Co-chairs of the Huntington Beach Art Center Foundation. Ms. Shattuck and Mr. Adams thanked the City Council for the recognition and the City's support for arts and humanities. 9. 18-434 Mayor Posey called on members of the Huntington Beach Police Officers' Foundation who presented a check from the Constable Classic Charity Golf Tournament to representatives from Talk About Curing Autism (TACA). Mr. Dennis Hashin, Chief Financial Officer (CFO), Huntington Beach Police Officers' Association and Foundation, presented a check for $51,500 from the proceeds of this year's Classic Charity Golf Tournament to TACA representatives. TACA Director Carolyn Baker introduced Nancy Burn, a parent of an autistic child, who described the type of support TACA provides to her family. 10. 18-396 Mayor Posey called on Director of Community Development Ursula Luna -Reynosa who presented the Mayor's Award to Code Enforcement Officer II, Jimmy Hoang Director Luna -Reynosa stated that Code Enforcement is about quality of life. Officer Hoang came to Huntington Beach in 2015 from Anaheim. Since joining the Huntington Beach team he has obtained his master's degree and continues to increase his knowledge base. Officer Hoang is the liaison to the Vietnamese community, and has shown exemplary performance juggling many situations with initiative and responsiveness while exceeding expectations. Officer Hoang thanked his co-workers for their support and teamwork, which he said makes his job easier. 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. 18 - (18-413) Communication received from Kellee Fritzal, Deputy Director of Business Development, requesting Recommended Action A) for the Small Cell License Agreement between the City and Mobilitie be withdrawn from consideration. Item No. 18 - (18-413) Communication received from Kellee Fritzal, Deputy Director of Business Development, describing a change to the First Amendment to Small Cell License Agreement between the City and New Cingular Wireless PCS, LLC, dba AT&T Mobility. Item No. 22 - (18-411) Communication received from Chris Slama, Interim Director of Community Services, requesting the Franklin Park Conceptual Master Plan be withdrawn from consideration. Council/PFA Regular Minutes October 15, 2018 Page 4 of 17 ADMINISTRATIVE ITEMS Item No. 30 - (18-431) Communication received from Paulina Flores, Sr. Finance Analyst, submitting a correction to Attachment #2 - HBFA Fiscal Impact Report. 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.orglgovemmentlagendas, Mike Van Voorhis, President of the Sunset Beach Community Association, was called to speak and invited everyone to the Sunset Beach Halloween Party on Saturday, October 27, 6-10 pm, at the Community Center on 12th Street and adjoining green belt. This year's theme is Super Heroes and there are activities for the whole family. (00:23:13) Assemblyman Matthew Harper was called to speak and stated his support for Consent Calendar Item 19 - 18-401 C) regarding examining the State's property tax apportionment system, and offered his assistance if the City Council approves this item. (00:26:37) Alan Gandall, American Youth Soccer Organization (AYSO) Area K Director, was called to speak and provided an update on AYSO activities in Huntington Beach, which works with some 6,000 youth. (00:28:39) Joseph Riedel, who described himself as a victim of a violent crime in Huntington Beach, was called to speak and stated his disappointment at the lack of response from the Huntington Beach Police Department in an incident in which he received major injuries. (00:30:53) Stephen Knight, resident of Huntington Beach, was called to speak and shared his opinions on sober living family units vs detox and residential treatment centers, including State agencies which provide operating rules and regulations. (00:33:36) Naui H., who described himself as an Orange County activist, was called to speak and shared his negative opinions about people at various rallies across the country, particularly Gracey Van Der Mark (00:36:49) Diane Lee was called to speak and stated her opposition to Gracey Van Der Mark being a Huntington Beach Finance Commissioner. (00:40:00) Kathryn Levassiur, 20-year resident of Huntington Beach, was called to speak and shared her opinion that Huntington Beach is missing out by not collecting Transient Occupancy Tax (TOT) on short-term vacation rentals in 2018 and stated her hope that situation will change for 2019. (00:42:41) Wyn Dee Swartz, representing Glen Mar residents at the intersection of Adams and Bushard, was called to speak and asked that the City renovate the deteriorated and unsafe perimeter wall that, to the best of their knowledge, has had no remedial attention in 30 years. Mayor Posey asked Ms. Swartz to complete a blue card for follow-up. (00:45:02) Emily Anderson, parent of children in the Ocean View School District (OVSD) and a teacher, was called to speak and shared her reasons for supporting candidates Patricia Singer, Jack Souders and John Briscoe for the OVSD Board of Trustees. (00:50:00) Council/PFA Regular Minutes October 15, 2018 Page 5 of 17 Ian Burke Jameson, who described himself as an anti -racist activist in Los Angeles County, was called to speak and stated his opposition to Gracey Van Der Mark as a candidate for the OVSD Board of Trustees. (00:53:43) Rekha Powar, Ocean View School District (OVSD) teacher, was called to speak and shared her reasons for supporting candidates Patricia Singer, Jack Souders and John Briscoe for the OVSD Board of Trustees. (00:55:06) Rachel Potucek was called to speak and stated her opposition to candidate Gracey Van Der Mark, and support for candidates Patricia Singer, Jack Souders and John Briscoe for the OVSD Board of Trustees. (00:56:32) David de la Tierra was called to speak and stated his opposition to candidate Gracey Van Der Mark for the OVSD Board of Trustees. (00:59:41) Edin Enambrado, City of Cudahy Parks & Recreation Commissioner and Field Organizer and Project Coordinator for a large voter registration company, was called to speak and stated his opposition to candidate Gracey Van Der Mark for the OVSD Board of Trustees. (01:00:23) COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS, AB 1234 REPORTING, AND OPENNESS IN NEGOTIATIONS DISCLOSURES Councilmember Hardy reported speaking with members of the Huntington Beach Police Officers' Association (HBPOA) and receiving communication from the Huntington Beach Firefighters' Association (HBFA). Councilmember O'Connell reported speaking with members of the Huntington Beach Firefighters' Association (HBFA). Councilmember Brenden reported receiving communications from the Huntington Beach Firefighters' Association (HBFA) and the Huntington Beach Police Officers' Association (HBPOA), attending a meeting of the Council on Aging where he and Councilmember Delgleize provided an update on homeless outreach, air traffic noise and coastal odors issues. He also attended the Downtown Business Improvement District (DBID) quarterly meeting with Councilmember O'Connell where discussion took place on the upcoming Halloween Fest and Miracle on Main Street events, and positive responses shared regarding the smoking ban for Surf City Nights on Tuesdays. Councilmember Delgleize reported attending an Orange County Transit Authority (OCTA) Board meeting, and that on October 15, OCTA is kicking off OC Flex within certain boundaries in Huntington Beach. Mayor Posey reported meeting with members of the Huntington Beach Police Officers' Association (HBPOA) and the Huntington Beach Firefighters' Association (HBFA); attending the Chamber of Commerce AM Connect breakfast where he delivered a one -minute City update; and attending a Southern California Association of Government (SCAG) meeting which provided an update on Metrolink scheduling from the Inland Empire to downtown Los Angeles. Council/PFA Regular Minutes October 15, 2018 Page 6 of 17 CITY MANAGER'S REPORT City Manager Wilson announced the Great Pacific Air Show scheduled for October 19-21, and informed the public that test flights will take place on Tuesday, October 16, and Thursday, October 18. Manager Wilson also indicated that OC Alert is prepared to notify residents of event -related information. CITY ATTORNEY'S REPORT 11. 18-435 Court ruling on the City's lawsuit against the State regarding SB 54, the Sanctuary State law City Attorney Gates reported that on September 27, 2018, the Superior Court agreed with Huntington Beach that the Sanctuary State law at issue was improper, and declared SB 54 unconstitutional and enjoined, or stopped, the State from enforcing SB 54 against the city of Huntington Beach. City Attorney Gates also said that the city anticipates, however, that the State will appeal the decision, and indicated that Council will be kept apprised of events as they occur in the future on that case. 12. 18-436 Filing of new lawsuits in the City's battle to combat illegal businesses, including illegal residential rehabilitation treatment facilities City Attorney Gates described a proliferation of illegal businesses throughout the City in residential areas that have included illegal marijuana dispensaries and continue to include unlicensed residential, in -home treatment businesses, vacation rentals and others. He discussed the city working with the Orange County District Attorney to develop a plan to take legal action against illegal businesses in residential areas. The unique plan includes application and enforcement of the California Business and Professions code which gives increased enforcement weight to a lawsuit against businesses operating illegally. To that end, the City Attorney announced that five lawsuits alleging unlicensed and unlawful practices were filed this past week by the City and the State of California against David Lacey and Andrea Lacey, 9061 Mediterranean Drive, Huntington Beach, Court File Number 30-2018-01025153; Coastline Recovery, LLC, and Taylor Browman, 8301 Yorktown Avenue, Huntington Beach, Court File Number 30-2018- 01025162; Anthony Rockstrum, 21892 Starfire Lane, Huntington Beach, Court File Number 30-2018- 01025104; Navarey Rey I, LLC, 10321 Christmas Drive, Huntington Beach, Court File Number 30-2018- 01025173; and, The Stephouse Recovery, Inc., Suburban Properties, LLC, George Villagut, 10412 Christmas Drive, Huntington Beach, Court File Number 30-2018-01025168. City Attorney Gates also indicated that his office will present a staff report in response to a recent Councilmember Item related to illegal residential business activity at the next City Council meeting. CONSENT CALENDAR Mayor Posey pulled for discussion Item 19. 18-401 to further clarify the purpose and provide background facts. 13. 18-414 Approved and Adopted Minutes A motion was made by Peterson, second Posey to approve and adopt the City Council/Public Financing Authority regular meeting minutes dated October 1, 2018, as written and on file in the Office of the City Clerk. Council/PFA Regular Minutes October 15, 2018 Page 7 of 17 The motion carried by the following vote AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None 14. 18-328 Approved and authorized execution of Second Amendment to Site License Agreement between the City of Huntington Beach and ATC Outdoor DAS, LLC; and, authorized the City Manager to substitute and/or increase pole locations as needed A motion was made by Peterson, second Posey to approve and authorize the City Manager to execute "Second Amendment to Site License Agreement" with ATC Outdoor DAS, LLC; and, authorize the City Manager to substitute pole locations as needed and increase pole locations by 10%, if needed. The motion carried by the following vote: AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None 15. 18-361 Approved and authorized execution of a three-year contract with InfoSend, Inc. to provide Utility Bill Statement Design, Print, Mail and Electronic Delivery Service A motion was made by Peterson, second Posey to approve and authorize the Mayor and City Clerk to execute "Service Agreement Between the City of Huntington Beach and InfoSend, Inc. for Bill Statement Printing, Processing and Delivery Services" in an amount not to exceed $978,000 over a three-year term; and authorize the City Manager to execute the attached contract. The motion carried by the following vote: AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None 16. 18-364 Approved and authorized execution of Orange County Transportation Authority's (OCTA) Utility Agreement No. UK048088 for the relocation of the City of Huntington Beach Sugar Drive Water Pipeline, CC-1585, for the 405 Widening Project A motion was made by Peterson, second Posey to authorize the Mayor and City Clerk to execute "Orange County Transportation Authority Utility Agreement UK048088" and to return all signed original agreements to OCTA for their final approval. The motion carried by the following vote: AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None 17. 18-412 Approved and authorized execution of a Joint Use Agreement between the City of Huntington Beach and the Westminster School District (WSD) for Clegg/Stacey Park, 6161 Larchwood Drive, Huntington Beach Council/PFA Regular Minutes October 15, 2018 Page 8 of 17 A motion was made by Peterson, second Posey to approve and authorize the Mayor and City Clerk to execute a "Joint Use Agreement between the City of Huntington Beach and the Westminster School District." The motion carried by the following vote: AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None 18. 18-413 Approved the First Amendment to the Small Cell License Agreement between the City and new Cingular Wireless PCS, LLC, dba AT&T Mobility on City -owned street lights, as amended by Supplemental Communication. A motion was made by Peterson, second Posey to approve the First Amendment to Small Cell License Agreement between the City of Huntington Beach and new Cingular Wireless PCS, LLC, doing business as AT&T Mobility, approved as to form by the City Attorney; and, authorize the City Manager, with review by the City Attorney, to increase up to 10% and substitute pole locations on an as needed basis, as amended by Supplemental Communication to withdraw from consideration "Small Cell License Agreement" between the City of Huntington Beach and Mobilitie LLC; and amended Exhibits A and B of the First Amendment to Small Cell License Agreement between the City of Huntington Beach and new Cingular Wireless PCS, LLC, doing business as AT&T Mobility. The motion carried by the following vote: AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brendan NOES: None 19. 18-401 Approved City Council position on legislation pending before the State Legislature and Congress as recommended by the City Council Intergovernmental Relations Committee (IRC); and, authorized City staff and the City's State Advocate to work with State legislators and County of Orange staff on crafting potential legislative language to examine the State's property tax apportionment system A motion was made by Peterson, second Posey to approve a City position of support on H.R. 5724 (Rohrabacher) Restoring Community Oversight of Sober Living Homes Act of 2018; and, approve a City position of Oppose on recently introduced proposed Bureau of Cannabis Control Regulations; and, authorize City staff and the City's State Advocate to work with State legislators and County of Orange staff on crafting potential legislative language to examine the State's property tax apportionment system. The motion carried by the following vote: AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None 20. 18-370 Approved FY 2017/18 Year End Adjustment for the Workers' Compensation Internal Service Fund Council/PFA Regular Minutes October 15, 2018 Page 9 of 17 A motion was made by Peterson, second Posey to approve the appropriation of $1,245,432 in the Fiscal Year 2017/18 Revised Budget in the General Fund (100) and transfer to the Self Insurance Workers' Compensation Internal Service Fund (551). The motion carried by the following vote: AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None 21. 18-410 Approved FY 2017/18 Year -End Budget Adjustment for the General Liability Internal Service Fund A motion was made by Peterson, second Posey to approve the appropriation of $405,060 in the Fiscal Year 2017/18 Revised Budget in the General Fund (100) and transfer to the Self Insured General Liability Internal Service Fund (552). The motion carried by the following vote: AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None 22. 18-411 ITEM WITHDRAWN - ApPFGVe the FFanldin Park Conceptual Master Plan located et the fnrmer Franklin Cnheel site at 14422 Hammon Lane 23. 18-397 Approved the September 2018 City of Huntington Beach Strategic Plan Update A motion was made by Peterson, second Posey to approve the September 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 24. 18-399 Adopted Resolution No. 2018-58 Amending the Conflict of Interest Code A motion was made by Peterson, second Posey to adopt Resolution No. 2018-58, "A Resolution of the City Council of the City of Huntington Beach Amending its Conflict of Interest Code." The motion carried by the following vote: AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None 25. 18-409 Adopted Resolution No. 2018-59 declaring the City Council's intention to renew the Huntington Beach Tourism Business Improvement District (HBTBID); fixed the time and place of a public meeting; and, called a public hearing Council/PFA Regular Minutes October 15, 2018 Page 10 of 17 A motion was made by Peterson, second Posey to adopt Resolution No. 2018-59 "A Resolution of the City Council of the City of Huntington Beach declaring its intention to renew the Huntington Beach Tourism Business Improvement District (HBTBID) and fixing the time and place of a public meeting and a public hearing thereon and giving notice thereof." The motion carried by the following vote: AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None 26. 18-415 Adopted Ordinance 4155 amending Chapter 10.44 of the Huntington Beach Municipal Code (HBMC) relating to oversized vehicles (Approved for introduction as amended by Supplemental Communication on October 1, 2018 — Vote: 7-0) A motion was made by Peterson, second Posey to adopt Ordinance No. 4155, "An Ordinance of the City of Huntington Beach Amending Chapter 10.44 of the Huntington Beach Municipal Code Relating to Parking - Time Limits." The motion carried by the following vote: AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None PUBLIC HEARING 27. 18-359 Approved Mitigated Negative Declaration No. 16-002, Resolution No. 2018-27 approving General Plan Amendment No. 16-001, and Introduction of Ordinance No. 4161 approving Zoning Map Amendment No. 16-002 (Sea Dance Residential Development - 14422 Hammon Lane) City Manager Wilson introduced Associate Planner Jessica Bui who presented a PowerPoint communication entitled Sea Dance Residential Development with slides titled: Background, Project Overview, Planning Commission Action, Analysis: CEQA, Analysis: General Plan Amendment, Analysis Zoning Map Amendment, Site Plan, and Recommendation. (01:15:09) Mayor Posey opened the Public Hearing City Clerk Robin Estanislau announced Supplemental Communication (received after distribution of the Agenda Packet) for the Public Hearing: Three (3) email communications received in support of Mitigated Negative Declaration No. 16-002, Resolution No. 2018-27 approving General Plan Amendment No. 16-001, and Ordinance No. 4161 approving Zoning Map Amendment No. 16-002 (Sea Dance Residential Development - 14422 Hammon Lane). Public Hearing — 9 Speakers (01:20:58) Council/PFA Regular Minutes October 15, 2018 Page 11 of 17 Donna Picciano, Property Manager, was called to speak and shared personal experiences, including neighborhood improvements with new development, in support of Item No. 27 - (18-359) regarding Sea Dance Residential Development, 14422 Hammon Lane. (01:22:03) Joyce Endo, Realtor, was called to speak and shared personal experiences, including demand for new housing, in support of Item No. 27 - (18-359) regarding Sea Dance Residential Development, 14422 Hammon Lane. (01:24:00) Wendy Bucknum, V. P. of a local property management company, was called to speak and shared personal experiences, including the importance of adequate park space, in support of Item No. 27 - (18- 359) regarding Sea Dance Residential Development, 14422 Hammon Lane. (01:25:30) Brandon McQuiston, resident of Huntington Beach and employee of Tri Pointe Homes, was called to speak and shared personal experiences, including the positive impact of new development for the surrounding neighborhood, in support of Item No. 27 - (18-359) regarding Sea Dance Residential Development, 14422 Hammon Lane. (01:27:32) Sean Haller, 40-year resident of Huntington Beach, was called to speak and shared his opinion that this development will make good use of the vacant land, in support of Item No. 27 - (18-359) regarding Sea Dance Residential Development, 14422 Hammon Lane. (01:29:03) Ann Coonis, resident of Huntington Beach, was called to speak and shared her opinion that there is a need for additional housing in Huntington Beach, in support of Item No. 27 - (18-359) regarding Sea Dance Residential Development, 14422 Hammon Lane. (01:30:30) John Fugatt, a 20-year resident of Huntington Beach, was called to speak and shared his opinion that there is a housing crisis in Orange County, and thanked the developer, Tri Pointe Homes, for their community outreach and responsiveness to neighbors' concerns, in support of Item No. 27 - (18-359) regarding Sea Dance Residential Development, 14422 Hammon Lane. Mr. Fugatt also requested that the funds set aside from this development, for addressing the railroad right-of-way issue, be restricted to cleaning up the affected land that is adjacent to this project. (01:31:45) Molly Patten, area resident with children in the Ocean View School District, was called to speak and shared her opinion that closed school sites only create blight and bring down property values, and this development will make good use of the vacant land, in support of Item No. 27 - (18-359) regarding Sea Dance Residential Development, 14422 Hammon Lane. (01:34:12) Dan Jamieson, resident of the adjacent neighborhood for this project, was called to speak and shared personal experiences related to the great communication provided to neighbors by Tri Pointe Homes in support of Item No. 27 - (18-359) regarding Sea Dance Residential Development, 14422 Hammon Lane. He also asked that the City continue to be diligent in preserving City parkland that may be on any school district property. Mr. Jamieson also requested that the funds set aside from this development, for addressing the railroad right-of-way issue, be restricted to cleaning up the affected land that is adjacent to this project. (01:35:06) There being no more speakers, Mayor Posey closed the Public Hearing Council/PFA Regular Minutes October 15, 2018 Page 12 of 17 Councilmembers Semeta, Delgleize, Brendan and Mayor Pro Tem Peterson commended the developer for working with the existing neighbors and planning a development that generated only positive Public Hearing comments from the community, and stated their support for the item. Councilmember Brendan acknowledged the developer's efforts to improve space in the right-of-way, and in response to his inquiry, staff read municipal code language related to a Planned Unit Development regarding the funding set aside for addressing the Navy railroad right-of-way issue. Mayor Posey, in stating his support for this project, commended Tri Pointe Homes for listening to the neighborhood resident concerns and reducing the project by two home sites and increasing the park size. Mayor Posey and Councilmember Brenden acknowledged Mr. Jamieson for his neighborhood leadership throughout the process. (01:37:54) A motion was made by Peterson, second Delgleize to approve Mitigated Negative Declaration No. 16- 002 with findings for approval (Attachment No.1); and, approve General Plan Amendment No. 16-001 by adopting City Council Resolution No. 2018-27, "A Resolution of the City Council of the City of Huntington Beach Approving General Plan Amendment No. 2016-001 (Attachment No. 2);" and, approve Zoning Map Amendment No. 16-002 with findings for approval and, after the City Clerk reads by title, approve for introduction Ordinance No. 4161, "An Ordinance of the City of Huntington Beach Amending District Map 9 (Sectional Map 9-5-11) of the Huntington Beach Zoning and Subdivision Ordinance to Rezone the Real Property Located at 14422 Hammon Lane From Public - Semipublic (PS) to Residential Low Density (RL) and Open Space - Park and Recreation (OS - PR) Zoning Map Amendment No. 2016-002 (Attachment No. 3). The motion carried by the following vote: AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brendan NOES: None ADMINISTRATIVE ITEMS 28. 18-420 Approved for Introduction Ordinance No. 4165 Adding Chapter 12.40 to the Huntington Beach Municipal Code Making Shared Mobility Devices or Businesses Unlawful City Manager Wilson introduced this item as the City Attorney's response to the City Council's public safety concerns related to shared mobility devices. A motion was made by O'Connell, second Peterson to, after the City Clerk reads by title, approve for Introduction Ordinance No.4165, "An Ordinance of the City Council of the City of Huntington Beach Adding Chapter 12.40 to the Huntington Beach Municipal Code Making Shared Mobility Devices or Businesses Unlawful." The motion carried by the following vote: AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None Council/PFA Regular Minutes October 15, 2018 Page 13 of 17 29. 18-428 Approved Tentative Agreement and introduction of proposed Memorandum of Understanding (MOU) between the Huntington Beach Municipal Employees' Association (MEA) and the City of Huntington Beach for October 1, 2017, through September 30, 2019 City Manager Wilson introduced Michele Warren, Director of Human Resources who presented a PowerPoint communication entitled: Municipal Employees' Association (MEA) Tentative Agreement and Proposed MOU with slides titled: Bargaining Unit Information, and Tentative Agreement. A motion was made by O'Connell, second Hardy to approve the Tentative Agreement and the introduction of the proposed Memorandum of Understanding between the Huntington Beach Municipal Employees' Association and the City of Huntington Beach for the period October 1, 2017, through September 30, 2019. The motion carried by the following vote: AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None 30. 18-431 Approved Tentative Agreement and introduction of proposed Memorandum of Understanding (MOU) between the Huntington Beach Firefighters' Association (HBFA) and the City of Huntington Beach for July 1, 2018 through June 30, 2021 City Manager Wilson introduced Michele Warren, Director of Human Resources who presented a PowerPoint communication entitled: Huntington Beach Firefighters' Association Tentative Agreement and Proposed MOU with one slide titled: HBFA -Tentative Agreement. A motion was made by Peterson, second O'Connell to approve the Tentative Agreement and the introduction of the proposed Memorandum of Understanding between the Huntington Beach Firefighters' Association and the City of Huntington Beach for the period July 1, 2018 through June 30, 2021. The motion carried by the following vote: AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None 31. 18-432 Approved Tentative Agreement and introduction of proposed Memorandum of Understanding (MOU) between the Huntington Beach Management Employees' Organization (MEO) and the City of Huntington Beach for November 1, 2017 through October 31, 2019 City Manager Wilson introduced Michele Warren, Director of Human Resources who presented a PowerPoint communication entitled: Municipal Employees'Association (MEA) Tentative Agreement and Proposed MOU with slides titled: Management Employees' Organization (MEO) Tentative Agreement and Proposed MOU with slides titled: Bargaining Unit Information, and Tentative Agreement. Councilmembers O'Connell, Brenden, Delgleize, Semeta, and Mayor Pro Tem Peterson acknowledged the Huntington Beach Firefighters' Association (HBFA), Municipal Employees' Association (MEA) and Management Employees' Organization (MEO) for stepping up, and their sacrifice in approving contracts Council/PFA Regular Minutes October 15, 2018 Page 14 of 17 that did not provide any salary increase to reach contract agreements. Mayor Posey expressed appreciation to the HBFA, MEA and MEO members for recognizing the impact that California Public Employees' Retirement System (CaIPERS) policies have on the City's finances, and negotiating fairly and quickly. A motion was made by Brenden, second O'Connell to approve the Tentative Agreement and the introduction of the proposed Memorandum of Understanding between the Huntington Beach Management Employees' Organization (MEO) and the City of Huntington Beach for the period November 1, 2017 through October 31, 2019. The motion carried by the following vote: AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None COUNCILMEMBER ITEMS 32. 18429 Item Withdrawn Submitted by Mayor Posey for the Ortober 16, 2018, City GeunGil - Ill Meting ExploFation of Legal al Remedies to hold Ca IPFRR Acco, ratable to their FiduGiary Responsibilities Mayor Posey provided background details and information in support of this item, explaining that the California Legislature is issuing directives that have changed California Public Employees' Retirement System (CaIPERS) investment policies, and as a result, delivered negative returns. Councilmember Semeta stated her support for the intent of this item, but questioned the process being used. In her opinion, any issue which has potential for litigation should be addressed first with the City Attorney and then as a Closed Session item before being discussed in a public meeting. Mayor Pro Tem Peterson and Councilmember Hardy echoed Councilmember Semeta's comments and concerns. City Attorney Gates confirmed the appropriate procedure would involve first meeting with the City Attorney's office, having Closed Session discussions, and presenting to the public if Council takes action to file a lawsuit. Councilmembers Brenden and Delgleize commended Mayor Posey for his leadership in addressing this issue, and stated their support for using the procedure as confirmed by City Attorney Gates. Based on feedback shared by fellow Councilmembers and the City Attorney, Mayor Posey decided to withdraw the item from consideration and revisit at a future date. 33. 18-430 Item Submitted by Mayor Posey for the October 15, 2018, City Council Meeting Approved - Filing of Claim with the Commission on State Mandates Related to the Passage of Assembly 109 Mayor Posey introduced this item by clarifying it does require staff time, and provided background details that led to the state mandated realignment of major areas of the criminal justice system, and asked that Council/PFA Regular Minutes October 15, 2018 Page 15 of 17 the City Manager and Police Chief conduct an analysis to determine the financial stress created for the City by the implementation of Assembly Bill 109. Councilmember Hardy clarified that the intent of this item is to try to recover any extra costs resulting from an unfunded mandate, and stated her support. Mayor Pro Tem Peterson, Mayor Posey and Councilmember Semeta discussed this was presented as a Councilmember Item because after Inter -governmental Relations Committee (IRC) review and support, it does require staff time. Councilmember Brenden stated his support for an initial analysis by the City Manager and Police Chief to determine the magnitude of cost and whether it is worth pursuing. Councilmember O'Connell stated he believes there has been a cost to the community in the quality of life and increased crime. Councilmember Delgleize thanked Mayor Posey for bringing this item forward. A motion by Brenden, second Delgleize to direct the City Manager and the Police Chief to conduct an analysis of the existence of financial distress placed upon the City due to the implementation of Assembly Bill 109 and report back to the City Council within 90 to 120 days. If such financial distress exists, the City should investigate whether this would qualify as a Test Claim with the Commission on State Mandates. The motion carried by the following vote: AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None COUNCILMEMBER COMMENTS (Not Agendized) Councilmember Brenden reported attending the Celebration of Community Scouting event honoring Ed Laird and Deanna Westmyer, Duke's 20th Anniversary Party, Waterline Plaza Dedication and Blessings Ceremony at 5th Street and Pacific Coast Highway (PCH), the Pumpkin Patch Festival at Huntington Beach Church, and Boys and Girls Clubs of Huntington Valley - 40th Annual Benefit Dinner & Auction. He attended the New Huntington Beach Women's Club kick-off, Golden West College 13th Annual Chefs for Scholarships, Impact of Autonomous Vehicles on Society and Real Estate workshop, Huntington Beach Police Department's 5th Annual Tip -A -Cop event at Bella Terra, Grand Opening of Jan & Dean's Tiki Lounge above Ruby's Diner, the International Surfboard Builders Hall of Fame, the Huntington Beach Fire Department Open House @ Gothard Station, and the Miss Huntington Beach Scholarship Competition. He concluded his comments by congratulating Ms. Lily Orlando as 2019 Miss Huntington Beach, and Princesses Mara James and Saige McCluskey. Mayor Pro Tem Peterson reported attending the International Surfboard Builders Hall of Fame, Oktoberfest - Huntington Beach Employees Night @ Old World German Village, and Miss Huntington Beach Scholarship Competition where Ms. Lily Orlando was selected as 2019 Miss Huntington Beach, and Mara James and Saige McCluskey as Princesses. Council/PFA Regular Minutes October 15, 2018 Page 16 of 17 Councilmember Hardy thanked Islands and California Pizza Kitchen at Bella Terra for participating in the Tip -A -Cop event and reported attending the Fallen Officer Sign Unveiling #1 for Officer Darst at Main and Crest and the Huntington Beach Fire Department Open House @ Gothard Station. She also congratulated Ms. Lily Orlando as 2019 Miss Huntington Beach, and Princesses Mara James and Saige McCluskey. Councilmember Semeta reported attending a Mandatory Settlement Conference with Brian Williams, the City's Chief Trial Counsel, Waterline Plaza Dedication & Blessings Ceremony @ 5th and PCH, Aloha Festival, Boys & Girls Clubs of Huntington Valley's 40th Annual Benefit Dinner & Auction, Surfboards On Parade, The Rotary Club of Huntington Beach - Night of a Million Waves Gala and Art Auction and The 25th Anniversary of the Surfing Walk of Fame Reunion. She also attended an American Legion Post 133 meeting where Professional Historian Kathie Shey spoke, enjoyed being a judge at the Miss Huntington Beach Scholarship Competition, and congratulated Code Officer Jimmy Hoang as the recipient of this month's Mayor's Award. Councilmember Delgleize congratulated the Boys & Girls Clubs of Huntington Valley for their recent 40th Annual Benefit Dinner & Auction, acknowledged the new Huntington Beach Women's Club, and congratulated recently selected Ms. Huntington Beach Lily Orlando and Princesses Mara James and Saige McCluskey. Councilmember O'Connell reported attending the Huntington Beach Firefighters' Association Great Balls of Fire Charity Golf Tournament, Tip -A -Cop event at Bella Terra, Boys & Girls Clubs of Huntington Valley - 40th Annual Benefit Dinner & Auction, Oktoberfest - Huntington Beach Employees Night at Old World German Village, and Fallen Officer Sign Unveiling #1 - Officer Darst at Main and Crest. Mayor Posey reported attending the Ribbon Cutting for Healthcare Partners Medical Group, Celebration of Community Scouting honoring Ed Laird and Deanna Westmyer, Dukes 20th Anniversary Party, Aloha Fest, Waterline Plaza Dedication & Blessings Ceremony @ 5th and PCH, Boys & Girls Clubs of Huntington Valley - 40th Annual Benefit Dinner & Auction, and Rotary Club of Huntington Beach - Night of a Million Waves Gala and Art Auction and 25th Anniversary of the Surfing Walk of Fame Reunion. He also attended the Huntington Beach Firefighters' Association - Great Balls of Fire Charity Golf Tournament, Meet with Cub Scouts for their Badge for meeting with a Community Leader, Chamber of Commerce - AM Connect Breakfast, Huntington Beach Fire Department Open House at Gothard Station, Fallen Officer Sign Unveiling #1 - Officer Darst at Main and Crest, Surf City 1 OK, International Surfboard Builders Hall of Fame, new Huntington Beach Women's Club event, and provided a City of Huntington Beach Update at a Building Industry Association (BIA) meeting. The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Monday, November 5, 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: -&4vdxtj City Clerk -Secretary Council/PFA Regular Minutes October 15, 2018 Page 17 of 17 City le�ik andand ex-� Clerk City Council of the City of Huntington Beach and Secretary of the Public Financing Authority of the City of Huntington Beach, California I( r gal.