Loading...
HomeMy WebLinkAbout2020-02-03Minutes City Council/Public Financing Authority City of Huntington Beach Monday, February 3, 2020 4:00 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.org/government/agendas/ 4:00 PM -COUNCIL CHAMBERS CALL T O ORDER -4:0 0 PM ROLL CALL Present: Absent: Posey, Delgleize (arrived at 4: 10 PM), Hardy, Semeta, Peterson , Carr, and Brenden None ANNOUNCEM ENT O F SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) -None PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS (3 Minute Time Limit) -None A motion was made by Brenden , second by Carr to recess to Closed Session for Items 3 -7. With no objections , the motion passed. RECE SSED TO CLOS ED SESSION -4:01 PM CLOS ED SE SSION ANNOUNCEMENT(S) 1. 20 -1385 Mayor Semeta announced: Pursuant to Government Code§ 54957.6, the City Coun c il s hall recess into Closed Session to meet with its designated labor negotiator: Oliver Chi, City Manager and Peter Brown; also in attendance: Travis Hopkins, Assistant City Manager and Robert Handy, Chief of Police, regarding the following: Huntington Beach Municipal Teamsters (HBMT); Management Employe es' Organization (MEO); and Police Officer's Association (POA). 2. 20-1386 Mayo r Se meta announced: Pursuant to Government Code§ 54956.8, the City Cou nci l takes this opportunity to publicly introduce and identify designated property negotiator; C ity Mana ger, Oliver Chi, who will be participating in today's Clos e d Session discussion regarding negotiations with Mitsuru Yamada Living Trust c oncerning price and terms of payment for the disposition of real property located o n a portion of 17631 Cameron Lane, Huntington Beach, California. Council/PFA Regular Minutes February 3, 2020 Page 2of18 CLOSED SESSION 3. 20-1376 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, two (2). 4. 20-1382 Pursuant to Government Code§ 54956.9(d)(1), the City Council recessed into Closed Session to confer with the City Attorney regarding the fo llowing lawsuit: Rosier (Maliek) v. City of Huntington Beach, et al.; USDC Case No.: SACV 18-2175 DOC (DFMx). 5. 20-1383 Pursuant to Government Code§ 54957.6, the City Council recessed into Closed Session to meet with its designated labor negotiator: Oliver Chi, City Manager and Peter Brown; also in attendance: Travis Hopkins, Assistant City Manager and Robert Handy, Chief of Police, regarding the following: Huntington Beach Municipal Teamsters (HBMT); Management Employees' Organization (MEO); and Police Officer's Association (POA). 6. 20-1384 Pursuant to Government Code§ 54956.8, the City Council recessed to Closed Session to give instructions to the City's Negotiator, Oliver Chi, City Manager, regarding negotiations with Mitsuru Yamada Living Trust concerning price and terms of payment for the disposition of real property located on a portion of 17631 Cameron Lane, Huntington Beach, California. 7. 20 -1387 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: Californians for Homeownership, Inc. v. City of Huntington Beach; OCSC Case No. 30-2019 -01107760. 6:00 PM -COUNCIL CHAMBERS RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING -6:00 PM ROLL CALL Present: Absent: Posey , Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden None PLEDGE OF ALLEGIANCE -Led by City Attorney Michael Gates 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. 8. 20-1378 Rev. James Pike of Lutheran Church of the Resurrection and member of the Greater Huntington Beach Interfaith Council Council/PFA Regular Minutes February 3, 2020 Page 3of18 CLOSED SESSION REPORT BY CITY ATTORNEY -City Attorney Gates reported that by a vote of 4 -3 (Hardy, Semeta , Peterson -No), the City Council directed that City Attorney and associated staff leave the room during discussions on Closed Session Item No . 5 -Labor Negotiations. AWARDS AND PRESENTATIONS 9. 20-1377 Mayor Semeta announced February as National African American History Month Mayor Semeta recognized the contributions that African-Americans have made to American history in their struggles for freedom and equality . The theme of this year's observance, African-Americans and the Vote, coincides with the 150th Anniversary of the Fifteenth Amendment which gave African-American men the right to vote . 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: Administrative Items #21 (20-1375) City Council Interoffice Communication and Executive Summary entitled "Community Choice Energy Feasibility Study and Technical Assessment" submitted by Travis Hopkins, Assistant City Manager. Letters and petition for Community Choice Energy (CCE) submitted by Jose Trinidad Castaneda Ill, Orange County Climate & Energy Advocate & Organizer. Seventy-si x (76) email communications received. PUBLIC COMMENTS (3 Minute Time Limit) The number [hh:mm :ss] following the speakers' comments indicates their approximate starting time in the archived video lo cated at http://www.surfcity-hb .org/governmentlagendas. Ross Dohrmann, representing American Legion Huntington Beach Post #133, was called to speak and provided a brief histo ry of Post #133's service to Huntington Beach for over 100 years, and announced that on Saturday, February 15, the community is invited to their First Annual Pancake Breakfast Fundraiser at Rodg ers ' Center, 9 a.m . to noon , for a cost of $5 . (00 :08 :46) Jack Carlino , a 35-yea r resident of Huntington Beach, was called to speak and announced that on February 15 , a new dan c e studio is opening up on Graham near McFadden to provide an alternative to the plethora of sports activities available in the City. (00 :10:53) Vanessa Martinez, a resident of Huntington Beach , was called to speak and stated her opposition to Agenda Item 21 (20 -1375) regarding a Community Choice Energy (CCE) Feasibility Study. (00: 12:30) Kathy Carrick, a 45-yea r resident of Huntington Beach, was called to speak and stated her opposition to Agenda Item 21 (20-1375) regarding a Community Choice Energy (CCE) Feasibility Study. (00 :14:54) Council/PFA Regular Minutes February 3, 2020 Page 4of18 Tim Geddes, a resident of Huntington Beach for over 30 years, was called to speak and stated his support for Agenda Item 21 (20-1375) regarding a Community Choice Energy (CCE) Feasibility Study. (00:17:39) Diana Zimmer, a resident and business owner in Huntington Beach, was called to speak and stated her opposition to Agenda Item 21 (20-1375) regarding a Community Choice Energy (CCE) Feasibility Study. (00:20:35) Yvonne Mauro, a long-time resident of Huntington Beach , was called to speak and stated her opposition to Agenda Item 21 (20-1375) regarding a Community Choice Energy (CCE) Feasibility Study. (00 :23:55) Cari Swan, a resident of Huntington Beach, was called to speak and stated her opposition to Agenda Item 20 (20-1357) regarding the Beach Edinger Corridors Specific Plan amendment, and her support for Agenda Item 21 (20-1375) regarding a Community Choice Energy (CCE) Feasibility Study, Option B. (00:26 :33) Michael Gioan, a 30-year resident of Huntington Beach, was called to speak and stated his opposition to Agenda Item 21 (20-1375) regarding a Community Choice Energy (CCE) Feasibility Study. (00:29:39) Rob Pool, a resident of Huntington Beach , was called to speak and stated his opposition to Agenda Item 21 (20-1375) regarding a Community Choice Energy (CCE) Feasibility Study , Option C, and provided support for Option B. (00:32:52) Sharon Messick, a resident of Huntington Beach, was called to speak and stated her opposition to Agenda Item 21 (20-1375) regarding a Community Choice Energy (CCE) Feasibility Study, and her support for Option B. (00 :35:58) Nancy Buchoz, a 40-year resident of Huntington Beach, was called to speak and stated her opposition to Agenda Item 21 (20-1375) regarding a Community Choice Energy (CCE) Feasibility Study, Option C, and provided support for Option B. (00:39:14) Claudia Perez Figeroa, Senior Field Representative for Assemblywoman Petrie Norris, was called to speak and announced that nominations for the Annual 74th Assembly District Woman of the Year and Woman of Distinction Celebration are now open, and encouraged the community to nominate a woman who has made a positive impact on the community. Further information can be found on Assemblywoman Petrie Norris's website. (00:42:54) Linda Moon, a Huntington Beach resident and homeowner since 1974, and representing Orange County League of Conservation Voters, was called to speak and stated support for Agenda Item 21 (20-1375) regarding a Community Choice Energy (CCE) Feasibility Study. (00:44 :06) Dr. Kathleen Treseder, resident of Irvine and Co-Chair of Irvine's Community Choice Energy Stakeholders Committee , was called to speak and stated her support for Agenda Item 21 (20-1375) regarding a Community Choice Energy (CCE) Feasibility Study. (00:47 :25) Jose Castaneda was called to speak and stated his support for Agenda Item 21 (20-1375) regarding a Community Choice Energy (CCE) Feasibility Study. (00:49:46) Council/PFA Regular Minutes February 3, 2020 Page 5of18 Don Forrester, a Huntington Beach homeowner since 1977, was called to speak and asked for Police Department assistance to address the issue of increased vehicle street noise , especially on the weekends , in the area of Palm and Goldenwest, between Yorktown and Pacific Coast Highway (PCH). (00 :53:04) Ayn Craciun , resident of Irvine and member of Irvine's Community Choice Energy Stakeholders Committee , was called to speak and stated her support for Agenda Item 21 (20-1375) regarding a Community Choice Energy (CCE) Feasibility Study. (00:54:47) Dan Kalmick was called to speak and stated his support for Agenda Item 21 (20-1375) regarding a Community Choice Energy (CCE) Feasibility Study . (00:57:59) Dave Sullivan , 51-year resident of Huntington Beach who has served as Mayor several times, was called to speak and stated his opposition to Agenda Item 21 (20-1375) regarding a Community Choice Energy (CCE) Feasibility Study . (01 :01 :15) Craig Sheets was called to speak and shared his opinions on various local and world situations. (01 :04:29) Michael Hoskinson , former member of the Huntington Beach Planning Commission , was called to speak and stated his opposition to Agenda Item 21 (20-1375) regarding a Community Choice Energy (CCE) Feasibility Study. (01 :07:50) Steve Shepherd, re side nt of Huntington Beach and an Orange County Community Choice Aggregation (CCA) Activist, was called to speak and stated hi s s upport for Agenda Item 21 (20-1375) regarding a Community Choice Energy (CCE) Feasibility Study , Option C. (01 :10:39) Ann Parker was called to speak and shared her opinions about sober living homes and homeless issues. (01:14:25) Thomas Gould , resi dent of Huntington Beach, was called to speak and stated his opposition to Agenda Item 21 (20-1375) regarding a Community Choice Energy (CCE) Feasibility Study. (01 :17 :31) Hildy Meyers, a 23-year resident of Huntington Beach, was called to speak and stated her support for Agenda Item 21 (20-137 5) regarding a Community Choice Energy (CCE) Feas ib ility Study, Option C . (01:19:53) Kimberly Adams was ca lled to speak and stated her support for Agenda Item 21 (20-1375) regarding a Community Choice En e rgy (CCE) Feasibility Study, Option C . (01 :21 :02) Beverly Sansone, a res ident of Huntington Beach , was called to speak and stated her support for Agenda Item 21 (20 -1375) regarding a Community Choice Energy (CCE) Feasibility Study, Option C. (01 :23:38) Jerry Barry, a resident of Huntington Beach for over 50 years, was called to speak and stated his support for Agenda Item 21 (20-1375) regarding a Community Choice Energy (CCE) Feasibility Study, Option B, and opposition to Item 20 (20-1357) regarding th e Beach and Edinger Corridors Specific Plan amendment and the 2019 Housing Element Progress Report . (01 :25:26) Counc il /PFA Regular Minutes Februa ry 3, 2020 Page 6of 18 Debbie Liu , resident of Newport Coast, was called to speak and stated her support for Agenda Ite m 21 (20-1375) regarding a Community Choice Energy (CCE) Feasibility , Study Opt ion C. (01:27:19) Eva Weisz, a resident of Huntington Beach, was called to speak and stated her support for Agenda Item 21 (20-1375) regarding a Community Choice Energy (CCE) Feasibility Study, Option B. (01:28:11) Ray Raines , a 55-year resident of Huntington Beach , was called to speak and stated his opposition to Agenda Item 21 (20-1375) regarding a Community Choice Energy (CCE) Feasibility Study. (01 :30:46) Paul Berry, a resident of Santa Ana , was called to speak and stated h is support for Agenda Item 21 (20- 1375) regarding a Community Choice Energy (CCE) Feasibility Study. (01 :34:05) Audrey Prosser, who lives and works in Huntington Beach , was called t o speak and stated her support for Agenda Item 21 (20-1375) regarding a Community Choice Energy (CCE) Feasib ility Stud y . (01 :37 :30) Lorelei Lachman, a resident of Huntington Beach for over 30 years, was called to spe ak and stated her support for Agenda Item 21 (20-1375) regarding a Community Choice Energy (CCE) Feasibility. (01 :40:50) Bethany Webb, HB Huddle member and 40-year resident of Huntington Beach , was called to spea k and stated her support for Agenda Item 21 (20-1375) regarding a Commu nity Choice Energy (CC E) Feasibility Study. (01 :44:03) COUNCIL COMMITTEE -APPOINTMENTS -LIAISON REPORTS, AB 1234 REPORTING, AND OPENNESS IN NEGOTIATIONS DISCLOSURES Councilmember Posey, announced his appointment of Jaclyn Ferlita to the Publ ic Works Commiss ion , and thanked outgoing Public Works Commissioner Steve Katz for his service during t he la st five years . Councilmember Posey reported that as Chair of the Association of California Cit ies -O range County (ACC-OC) Housing Committee he hosted a meeting to explore solutions to Ora nge County's housing crisis, and a California League of Cities General Membership meeting about amendments to Proposition 47 and the Keep California Safe movement, the deleterious effects of AB109 , and t he resulting financial impact on municipalities. He also reported speaking to the Huntington Beach Po lice Officers' Association (POA). Councilmember Brenden reported speaking to the Huntington Beach Police Officers' Association (POA) two times . Councilmember Carr reported attending a California League of California Cities meeting , and having a conversation with the Huntington Beach Police Officers' Association (POA). Councilmember Delgleize reported attending an Associati on of Cal ifornia Cities-Orange County (ACC- OC) meeting in Sacramento, a meeting of the Jet Noise Commission , a symposiu m at UCI , and on behalf of the City met with Southern California Edison Emergency Response Center st aff to learn how they are preparing to handle local area emergency situations. CITY MANAGER'S REPORT -Assistant City Manager Travis Hopkins provided a PowerPoint communication entitled Ascon Landfill Site Update that provided updates on the following: continued stoppage of remediation efforts ; citizen-reported maintenance on the southeast area detention Council/PFA Regular Minutes February 3, 2020 Page 7of18 (stormwater) basin (checked by DTSC and City officials); reported damage to the air monitoring trailer at Eader El e mentary, and co ntinued air monitoring efforts at other sites ; Ascon's efforts to address stormwater preventio n iss ues; and , efforts to address tenting issues with the Department of Toxic Substance Control (DTSC) and the Air Quality Manager District (AQMD). Mayor Semeta inquired, and Manager Hopkins responded that the air monitoring system at Eader Elementa ry is expected to be back online within a few weeks. Councilmember Brend en reque ste d that more clarity and specific detail on dust and odor control , planning in te nting areas, a ir monitoring, etc., be provided in future updates . CITY TREASURER'S REP ORT 10. 20 -13 09 Receive d and filed th e City Tre asu rer's December 2019 Quarterly Investment Summary Report City Treasu re r Alisa Backstrom and Intern Colin Stevens, instructor at Irvine Valley College, jointly presented a PowerPoint communication entitled City of Huntington Beach Quarterly Inves tment Report with slides tit led: Economy, Markets, Interes t R ates, Portfolio Summary, Inve stments by Type, Monthly A ctivity, Q uarterly A ctivity, Portfolio Earnings, Selected Compliance Requirements, and In Summary. With no objections , th e City Council una nimously received and filed the City Treasurer's Quarterly Investm e nt Report for December 19, pursuant to Section 17 .0 of the Investment Policy of the City of Huntington Beach. 11. 20-1363 Joint meeting held of the Investment Advisory Board (IAB) and City Council - Investme nt Advisory Board A nnua l Report IA B Roll Call: Present: Attardo , Sternbe rg, Handy , and McKe an Absent: Urli ng , Dow ds, a nd Ellett The IAB prese nted a Powe rPoint communication en titled Inves tment Advisory Board Annual Report 2019 with s lid es titled: Investment Advisory Board, 2019 M embers, Investm ent Advisory Board Duties, 2019 Meetings, Activities, Activities Continued, a nd Conclusion . A motion was made by Brenden , seco nd De lgl eize to receive and file the Investment Advisory Board's Annu a l Report. Th e motion carried by the following vote : AYES: NOES : Posey, De lg le ize, Hardy, Se meta, Peterson, Carr, and Brenden Non e CON SENT CALENDAR 12. 2 0-1362 Appro ve d Fiscal Y ear 2019/20 mid-year budget adjustments, and authorized addition a l Professional Services authority Coun ci l/PF A Re g ular Minutes Fe bruary 3, 2020 Page 8 of18 A motion was made by Posey, second Brenden to approve mid-year budget adj us t ments t o t he FY 2019/20 Revised Budget in the Funds and by the amounts contained in Attachment 1; a nd , autho ri ze additional Professional Services authority in the Fiscal Year 2019/2 0 Revised Bu dget in th e depart ments and by the amounts contained in Attachment 2. The motion carried by the following vote : AYES: NOES: Posey, Delgleize , Hardy, Semeta , Peterson , Carr, and Brenden None 13. 19-1192 Approved Sole Source Procurement Request with Murcal for ha rdware and software upgrades at the City's Flood Control and Water Pump Stations A motion was made by Posey , second Brenden to approve Sole Sourc e Procurement Requ est w ith Murcal for hardware and software upgrades at the City's Flood Control and Water Pump Sta tio ns. The motion carried by the follow ing vote : AYES: NOES: Posey, Delgleize, Hardy, Semeta, Peterson , Carr, and Brenden None 14. 20-1326 Approved the Escheatment of Unclaimed Funds Pursuant to Government Code Sections 50050-50057 A motion was made by Posey, second Brenden to review and approve the transfer of $28 ,3 20.64 of unclaimed funds from the City's Unclaimed Funds Liability Account to the City's Miscellaneous Rev enue Account #10000100.48550.10035209 in compliance with Governm e nt Code Sect ions 50050-50057 . The motion carried by the following vote : ·AYES: NOES: Posey, Delgleize , Hardy, Semeta , Peterson , Carr, and Brenden None 15. 20-1335 Adopted Resolution No. 2020-05 ordering the Summary Vacat ion of a Public Water Line Easement at 14900 Bolsa Chica Street A motion was made by Posey, second Brenden to adopt Resolution No . 2 02 0-05, "A Resolu ti on of the City Council of the City of Huntington Beach Ordering the Summary Va c at ion of a Public Water Li ne Easement on Property Located at 14900 Bolsa Chi ca Street;" and , inst r uct t h e C it y Clerk to rec ord Resolution No. 2020-05 (and attachments) with the Orange County Recorder. The motion carried by the following vote : AYES : NOES: Posey, Delgleize , Hardy, Semeta , Peterson , Carr, and Brenden None 16. 20-1353 Adopted Resolution No. 2020-09 approving the 2020 Investment Policy Council/PFA Regular Minutes February 3, 2020 Page 9of18 A motion was made by Posey, second Brenden to adopt Resolution No. 2020-09, "A Resolution of the City Council of the City of Huntington Beach Approving the Statement of Investment Policy 2020." The motion carried by the following vote: AYES: Posey, Delgleize , Hardy , Semeta, Peterson, Carr, and Brenden NOES : None 17. 20 -1373 Adopted Ordinance Nos. 4193, 4194, 4195, 4196, 4197, 4198 and 4199-Zoning Text Amendment No. 19-002 (Huntington Beach Zoning and Subdivision Ordinance Updat e) Appr oved for introduction 1/21/2020 -Vote: 7-0 A motion was made by Posey, second Brenden to approve Zoning Text Amendment No. 19-002 with findings (Attachment No. 1) and adopt: Ordinance No . 4193, "An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 210 of the Huntington Beach Zoning and Subdivision Ordinance Titled R Res idential Districts (Zoning Text Amendment No. 19-002);" Ordinance No. 4194, "An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 203 of the Huntington Beac h Zon in g and Subdivision Ordinan ce Titled Definitions (Zoning Text Amendment No. 19- 002);" Ordinan ce No . 4 195 , "An Ordinance of the City Council of the C ity of Huntington Beach Amending Chapter 204 of th e H untington Be ach Z oning and Subdivision Ordinance Titled Use Classifications (Zoning Text Amend me nt No . 19-002);" Ordinance No. 4196, "An Ordinance of the City Council of the City of Huntington Be ach Amending Chapter 231 of the Huntington Beach Zoning and Subdivis ion Ordinance Titled Of f-Stre et Parking and Loading Provisions (Zoning Text Amendment No. 19-002);" Ordinance No. 4 197, "A n Ordinance of t he City Council of the City of Huntington Beach Amending Chapt er 230 of the Hunti ngton B each Zo ni ng a nd Sub divi s ion Ordinance T itled Site Standards (Zoning Text A mend me nt N o. 19-002);" Ord inan ce No. 41 98 , "An Ordinance of the City Council of the City of Huntington Beac h A m ending Ch a pte r 2 12 of the Huntington Beach Zon ing and Subdivision Ordinance Titled I Industria l Di st rict s (Zoning Tex t Amendment No . 19-002);" and , Ordinance No . 4199, "An Ordinan ce of th e C it y C ouncil of th e City of Hunt ington Beach Amending Chapter 211 of the Huntington Beach Z o ning and Subdivision Ordinance Titled C Commercial Districts (Zoning Text Amendment No. 19-002);" (A ttachm ent Nos . 3 -9). The motion carri ed by t he following vote : AYES : P osey, Delgleize , Hard y, Semeta , Peterson , Carr, and Brenden NOES: No ne 18. 19-1289 Adopt e d Ordinance No. 4202, w h ich amends Chapter 13.54 of the Huntington Beach M unicipa l Code re gar d ing specifi c events to prohibit weapons at parades and prot ests Approved for introduct ion 1/21/2020 -Vote: 7-0 A moti on w as mad e by Posey, second Brenden to adopt Ordinance No. 4202, "An Ordinance of the City of Huntington Bea ch Am e nding Chapte r 13.54 Regarding Specific Events to Prohibit Weapons at Parades and P rot ests ." The motion carried by the following vote : AYES: NOES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden None PUBLIC HEARING Coun cil/PFA Reg ular M inutes Fe bruary 3, 2020 Page 10of18 19. 19-1186 Approved Zoning Map Amendment (Z MA) No. 18 -002 by app ro ving for introduction Ordinance No. 4191 to amend the zoning designation from CG (Commercial General) to RM (Residential Medium Density ) Associate Planner Jessi ca Bui presented a PowerPoint communication entitled Zoning Map Amendment No. 18-002 with slides titled Project Request, Subject Site, Zoning Map Amendment, PC Meeting - November 12, 2019, General Plan & Zoning Compliance, and Recommendation . Mayor Pro Tern Hardy and Community Development Director Ursula Luna-Reynosa discussed that when changing from a commercial to a residential zone there is credit for Regional Housing Needs Allocation (RHNA) numbers if the project includes low or very low income units. Councilmember Delgleize and Associate Planner Bui discussed the exemption from CEQA for residential projects. Mayor Semeta opened the Public Hearing. Public Hearing Speakers -None Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced Supplemental Communication received after distribution of the Agenda Packet: PowerPoint commun ication submitted by Associate Planner Jessica Bui entit led Z oning M ap Amendment No. 18-002, Utica Townhomes . There being no public hearing speakers for this item , Mayor Semeta closed the Publi c Hearing . A motion was made by Hardy , second Carr to adopt Planning Commission and Staff Recommendation : find the Proposed Project Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15183 -Projects Consistent With a Community Plan or Zoning; and, approve Zoning Map Amendment No. 18-002 with findings (Attachment No . 1) and after the City C lerk reads by title, approve for introduction Ordinance No. 4191, "An Ordinance of the City of Huntington Beach Amend in g District Map 2 (Section Map 2-6-11) of the Huntington Beach Zoning and Subdivision to Rezone the Real Property Located at 712 Utica Avenue from Commercial General (CG) to Residential Medium Density (RM) (Zoning Map Amendment No . 2018-002)." The motion carried by the following vote : AYES: NOES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden None 20. 20-1357 Adopted Resolution Nos. 2020-06 and 2020-07 approving General Plan Amendment (GPA) No. 19-003 (Housing Element amendment) and Zoning Text Amendment Council/PFA Regular Minutes February 3, 2020 Page 11of18 (ZTA) No. 19-006 (Beach and Edinger Corridors Specific Plan amendment) and approved the 2019 Housing Element Progress Report Citing a conflict of interest, City Attorney Gates recused himself from participating in the item and introduced former Huntington Beach Assistant City Attorney Paul D'Allesandro to preside over the hearing due to hi s pa st expe rience a nd knowledge of the City's General Plan and Housing Element. Deputy Director of Community Development Jennifer Villasenor presented a PowerPoint communication entitled Housing Element Amendment & Beach and Edinger Corridors Specific Plan Amendment with slides titled Request, Housing Element & RHNA , Current RHNA Status, Accommodating the Lower Income RHNA Shortfall, BECSP Amendment -Affordable Housing Overlay, Affordable Housing Overlay Sites, HCD Review, Other Housing Element Program Changes & Housing Element Progress Report, Housing Element Progress Report, and Recommendation . Mayor Pro T e rn Hardy con firmed with Deputy Director Villasenor that the seventh previously listed property o n the Afforda bl e Housing Overlay Sites, which is land that belongs to the State of California, was removed by the California De partment of H ous ing and Community Development (HCD). Councilmember Carr and Director Villasenor discussed that SB2 funding comes up annually. Director Villasenor and Direct or Luna-Reynosa described other possible Certified Housing Element funding sources. Councilmember Posey confirmed with st aff that the City lost access to about $625,000 in 2019 for Navigation Center funding because t he City did not ha ve a Certified Housing Element; however this year, with a Certified H ousing Element, there is the opportunity t o acquire approximately $480,000 for Navi gation C e nt e r op erational expenses. Mayor Semeta o pened the Public He aring . Pursu a nt to th e Brow n "Ope n Meeti ng s" Act, Ci ty C le rk Estanislau announced Supplemental Communicati o ns to the C ity Counci l which were received after distribution of the Agenda Packet: Email commu ni cation from Ces ar Covarru bias , Executive Director, Kennedy Commission; Powe rP oint co mmuni cation subm itted by De put y Director of Community Development, Jennifer Villase nor, entitled Housing Element Amendment & Beach and Edinger Corridors Specific Plan Amendment; and Seven (7) email communications Public Heari ng Spea ke rs -12 Linda Rose , a Huntington Beach hom e owner for 39 years and a member of Homeless United Huntington Beach , was ca ll ed to spea k a nd shared so me of the services provided by the St. Peter's by the Sea Presbyteri an Church vo lunteers who serve peopl e in need. Ms. Rose stated that from her perspective the bi ggest need is for t ransitional hou s ing , and th e refore she and Homeless United Huntington Beach members support Ag e nda Item #20 (2 0-1357) regarding the Housing Element and Beach and Edinger Corrid ors Spe cific Pla n a me ndments. (02 :3 5 :04) Council/PFA Regul a r Minutes Feb rua r y 3, 2020 Page 12 of18 Gigi Jackson was called to speak and stated the need to continue ad v ocacy for th e homeless in Huntington Beach, and support for Agenda Item #20 (20-1357) rega rd ing the Hous ing Element and Beach and Edinger Corridors Specific Plan amendm ents. Ms. J ackson furthe r stated support fo r the City's efforts to have a Certified Housing Element and effort to move forward with a Navigati on Center as well as planning for and building affordable housing . (02 :37:48) Karen Carroll, a 45-year resident of Huntington Beach and member of Homeless United Huntington Beach, was called to speak and stated support for Agenda Item #20 (20-1357) rega rd ing the Housing Element and Beach and Edinger Corridors Specific Plan amendments. Ms . Carroll stated her opinion that in spite of the many perceived differences coming from various community members and groups on homeless issues, she would suggest everyone keep their eyes on the common c oncerns. (02:41 :09) Jenny Braithwaite, a member of Homeless United Huntington Beach , was called to speal< and stated support for Agenda Item #20 (20-1357) regarding the Housing Element and Be ach and Ed inger Corridors Specific Plan amendments. Ms . Braithwaite further expressed her opinion that re gard les s of individual views toward the State and its regulations, current la ws need to be followed. (02:44:24) Natalie Moser, a Huntington Beach homeowner since 200 1 and a member of Hom e less United Huntington Beach, was called to speak and stated support for Ag enda Item #20 (20-1357) reg ardi ng the Housing Element and Beach and Edinger Corridors Specific Plan amendments . Ms . Moser described her expected potential outcomes if the item is or is not approved . (02:47 :37) Galen Pickett, a homeowner in Huntington Beach for 1 O years, and membe r of Home less United Huntington Beach , was called to speak and stated support for Agenda Item #20 (2 0-1357) regarding the Housing Element and Beach and Edinger Corridors Specific Plan amendments. Mr. Pickett stated his opinion that this addresses homelessness, affordability, and quality of life issues. (02:50:25) Ralph Bauer, long-time resident of Huntington Beach, was called to speak and stated support for Agenda Item #20 (20-1357) regarding the Housing Element and Beach and Edinger Corridors Specific Plan amendments. Mr. Bauer stated three reasons for his support: 1) compliance with the law; 2) sav ing money and access to funds ; and 3) providing a Navigation Center through which to offer needed services. (02:52:15) Shirley Dettloff, a 55-year resident of Huntington Beach , and a member of Home less United of Huntington Beach, was called to speak and stated support for Agenda Item #20 (20-1357) regarding the Housing Element and Beach and Edinger Corridors Specific Plan amendments. Ms. Dettloff stated her support for a plan that is in compliance with State law, w ith expectations that approval will open the way to address the homelessness crisis through providing shelter and services , and her opinion th at this is just one small step the City can take in the right direction . (02:53:53) Howard Herdman, a long-time resident of Huntington Beach and member of Homeless Uni ted Huntington Beach, was called to speak and stated support for Agenda Item #20 (20-1357) regardi ng the Housing Element and Beach and Edinger Corridors Specific Plan amendments. Mr. Herdman stated his opinion that approval will address the lawsuits , place the City in compliance with State law, and make it possible to acquire funding for the homelessness crisis. (02:57:06) Michelle Kern, a homeowner in Huntington Beach and member of Homeless United of Huntington Beach , was called to speak and stated support for Agenda Item #20 (20-1357) regarding the Housing Element and Beach and Edinger Corridors Specific Plan amendments. Ms . Kern stated that as an individual who Council/PFA Regular Minutes February 3, 2020 Page 13of18 has regular contact with the homeless, she believes this item is the right thing to do for the individuals desiring to change their circumstances, and that this item will benefit not only the homeless , but also residents and homeowners. (02:58 :47) Eva Weisz was called to speak and stated support for Agenda Item #20 (20-1357) regarding the Housing Element and Beach a nd Edinger Corridors Specific Plan amendments. Ms. Weisz stated her opinion that this is the first step to address the homelessness crisis for those who will accept help to change their situation, and that more services are needed for those with mental illness. (03:01 :25) Adam Wood, a res ident of Huntington Beach and Director of Government Affairs with Orange County Building Indu stry Associates, was called to speak anq stated support for Agenda Item #20 (20-1357) regardin g the Housing Element and Beach and Edinger Corridors Specific Plan amendments. Mr. Wood stated he supports m an y of the comments already made , and he sees this item as opening the door for the opportunity to secure funding from Sacramento. (03:02:56) There being no more speakers, M ayor Semeta closed the Public Hearing . Coun c ilm e mber Carr stated her support for thi s item , and thanked staff for their diligence in reaching this point. Mayor Pro T e rn H ardy stat e d that sh e is s upportive of t aki ng care of the City's homeless population, but in her opinion this it em does not necessarily provide affordable housing . Also, she would like for the City to qu alify for e lig ibl e f undi ng, however, in th e end she ca nnot support an item that does not include discussio n on individual projects and the impa cts a specific project may have on its neighborhood. Council member Posey described th e si t uation of the State Leg islature passing 40 bills since 2015 related to hou s ing , Reg ion al H ousi ng Needs Assessment (RHNA), the threat of taking away local control, and fines associ ated w ith not meeting Housing Ele me nt requirements . He described previous Council actions to provide a N avigation Center and a llow the Poli ce Department to enforce anti-camping and curfew laws to be in compliance with the Martin vs Boise 9th Circuit Court ruling . The homeless community needs services, s upport and d irection whi ch take funding ; and with a Navigation Center and Qualified Hou si ng Element, SB2 and O ra ng e Cou nty Hou s ing Trust funding becomes accessible . Coun cilmember Posey sha red statistics rel ated to ch anges in the Beach and Edinger Corridors Specific Plan and st ated t hat t he action tonight is t o z on e for the deficiency of 413 units, and provide access to avail ab le funds . Coun cilmembe r Pet erson s t ated that in his op ini on t hi s is not a homelessness issue , there are issues in the lawsuit that th e Ci ty should not wa lk away from, and the few low-and very-low income units are not goin g to all eviate t he h omeless situ ation , th erefore he cannot support this item . Councilm em ber Delg leize explained th at from h er perspective there are options available now to meet housin g requ irem ents that w e re not avai lab le five or six years ago, and she sees the Beach and Edinger Corridors as the appropriate place t o locat e needed housing units . She supports this item with the hope th at more faci lities will b e provid ed in the future , includin g faci liti es and services for the homeless. Councilmember Brenden th anked Hom e less Un ited , th e Homeless Task Force , and other volunteers that are involved in th e is s ue. He f urth er stat ed t hat in his opinion this is an opportunity for the Council to act resp onsibly by s u pporting the Planning Commi ssion an d staff recommendation . Councilmember Brenden expl ai ned t hat eve n when he was a member of t he Planning Commission, he believed that the Maximum Co u ncil/PFA Regular Min utes Febru a ry 3, 2020 Page 14of18 Allowed Net Development (MAND) shou ld not be redu ce d to a leve l that could p ut the C ity in v io lation of the Housing Element, so there wouldn't be potenti a l for de-certificat io n or la wsuits . Councilmember Posey briefly ex plained the hi story of chan g es to MAN D, or tota l n umber of un its allowed within t he sphere of influence of the zoning overla y . Co uncil me mber Posey state d h is op inion that adding 413 units now is still approx imately 35% less than w hat was approved by the En v iro nment al Impact Report, or just a bit over half of what the Council approved in 2010 . He fu rther stated his opin ion that approving this item will help in resolving the hom eles sness situation b y pro vidi n g acces s t o funds for a Navigation Center, the City can still fight again st t he u ncon stituti o nal re ac h of s om e of th e rece nt bills passed, and will become exempt from the penalties that co me fro m t he la ck of a compliant Ho using Element. Mayor Semeta stated this item is not a vote about whet her a home less s he lter wi ll be buil t. Her concern is approving buy-right development, and she believes that discretiona ry control needs to be maint ained . Mayor Semeta added that building the units in the Beach and Edinge r Spe c ific Plan c rea t ed an affordability issue with rents increasing ex ponentially th ro ughout th e Cit y. In ad dit ion, t he le g is la tive mandates from Sacramento trying to take local con t rol of land us e decis io ns is not ok ay, a nd asked w hy would the City just now roll over and accept it. Mayor Semeta stated she can not s upport t his item. A motion was made by Brenden , second Delgleize to approve Plann in g C ommission and Staff Recommendation for General Plan Amendment No. 19-003 and ad opt Re solution No . 2020-06 (Attachment No. 1 ), "A Resolution of the City Counc il of the City of Hunt ingt on Beach A pp rov ing General Plan Amendment No. 19-003 (Housing Element Amendment)," and finding that it is c ove re d unde r Negative Declaration No. 12-007, which was adopted by the City on A ugust 27 , 2013; and approve Zoning Text Amendment No . 19-006 with findings (Attac hment No . 2) and adopt Re soluti on No . 2020-07 , "A Resoluti on of the City Council of the City of Huntington Beach Approving an Amendment t o t he Beach and Edinger Corridors Specific Plan (SP 14) (Zoning Text Amendment No. 19-006)." (Attac hment No. 3); and, approve the 2019 Housing Element Progress Report and forward to t he Ca lifo rn ia Department of Housing and Community Development and Governor's Office of Pla nning a nd Re sea rc h. The motion carried by the following vote : AYES : NOES: Posey, Delgleize , Carr, and Brenden Hardy, Semeta , and Peterson ADMINISTRATIVE ITEMS 21. 20-1375 Approved Community Choice Energy (CCE) Feasibility Study Option C City Manager Chi introduced Assistant City Manager Tra vis Hop kins w ho p resented a Powe rP oin t communication entitled Community Choice Energy Fea sib ility Study, w ith sl ides t itl ed CCE OvelView, CCE Background in HB, RF! Process Coordinated, Po ss ible Ratepay er Sa vings, !N in e CCE JPA Option, Possible CCE Benefits, Identified CCE Risks, Nex t Steps, and Questions ? Mayor Pro Tern Hardy and Assistant City Manager Hopkins discussed t he Southern California Ed ison (SCE) proposed increase rate will most likely be for infrastructure rep lacement, and CCE customers w ill still also be responsible for infrastructure and SCE increased costs. Council/PFA Regular Minutes February 3, 2020 Page 15of18 There was d iscussion whether the la rge up-front costs for setti ng up t he CCE wou ld resu lt in further savings for customers. City Manager Chi stated that the ultimate question is whether the potential cost savin gs are worth the risks . Assistant City Manager Hopkins confirmed that the Huntington Beach Finance Commission has not st udi ed this issue . SCE Representative Mr. Peterson confirmed the current level of SCE's renewable sou rces, including hydro-power, is at 44.5%. Mayor Pro Tern Hard y and City Manager Chi discussed an option of buying the load data from SCE and ju st plugging it into Irvine's research. It was decided, however, that it would eliminate the opportunity to ind ependently assess the assumptions. Councilmember Peterson , explained that in his opinion, using a CCE is adding another layer of govern me nt with resp o nsi bility for lon g-term contracts , and a CCE is not part of a "free" market system. If a mistake is made on the contract, or situations c hange during that contract, the taxpayers will be on the hook, and therefo re he cannot support this item. He stated that it might make sense to re-evaluate Irvine's experience in 5 o r 6 years, but he is not interested in adding another layer of government for Huntingto n Beach at this time. Coun cilmember Carr state d that s he be lieves the opp ortunity to join Irvine's CCE will eliminate a lot of the risl< for the up-front cost s, and Huntington Beach needs to remain competitive with other area cities that w ill be offering an expected two percent (2%) discount to their residential , commercia l and industria l entities. Counci lm ember Carr is not in favor of just plugging SCE's Huntington Beach numbers into Irvine's study and ass umptions , and supports using a different consultant than Irvine used . Coun ci lmember Bren den stated his opi nion that there is not enough informat ion to be supporting , or not, CC Es, but rat her m ore info rmation is needed to answer the question of whether the rewards are worth the ris ks. He needs resea rch-based fa cts, not anecdotal information , to make an informed decision, and therefore supports Option C. Coun cilmember Delgleize stated her opinion th at a CCA/E is not a public utility; it allows a city to purcha se a ut ili ty for its resi dents; th e req uired new staffing can be employees of the company hired or man age d through the Joi nt Powers Agree ment (JPA); and , she supports Huntington Beach doing their own Fe asibility Stud y. Mayor Pro Tern Hard y share d her q uestion s for a Feasib ility Study, including what Irvine's timetable is as far as a llowing other cit ies to join th e ir CC E; shelf-life for a Study, i.e., should the City observe other CCA/Es for a co upl e more y ea rs before do ing our own study; ensure the Finance Comm ission reviews th e study; look at op-out threshold s; and stated that she supports Counci lmember Brenden 's comment that currently there are just not enough known f acts. Mayo r Semeta stated from her revi ew of the ema il co mmunications rece ived by the Councilmembers on this t opic most residents are oppos ed and most suppo rters appear to be advocates . She shared her concern t hat residents of Huntington Beach may not sa ve money with a CCA/E . Mayor Semeta further stated that t o the best of her knowl edge current ly renewab le energy is cheaper because of the subsidies, and th at techno logy and optio ns are changing so fast that in her opinion , it makes sense to wait and see if the re are actua l savings in other citie s, and th erefore she cannot support this item. Coun cil member Posey shared th at po liticia ns at any leve l of governance are e lected to govern for the future, and in his opin ion a Feas ibility Study on future energy and supply options will help in governing for th e fu ture. Cou ncil/PF A Regul ar Minutes February 3, 2020 Page 16of18 A motion was made by Carr, second Delgleize to consid e r moving forward with th e proposed Community Choice Feasibility Study by approving Option "C ": A) Direct staff to complete a CCE Feasibility Study and auth orize the C ity M a n age-~19fove-the req uired agreements 'Nith MRVV & Associat es for compl eti on of the stu dy 'f~:...i.:i-et~d $66,000. Gf B) Direct staff not to move forward 'Nith the CCE Feasibility Study. Gf C) Direct staff to move forward with the CCE Feasibility Study with MRW & A s sociates for an amount not to exceed $66 ,000 , and as part of that study, a ss e ss th e fea s ibility of joining the Ci ty of Irvine 's CCE program. The motion carried by the following vote : AYES: NOES: Posey, Delgleize, Hardy, Carr, a nd Brenden Semeta, and Peterson ORDINANCES FOR INTRODUCTION 22. 19-1288 Approved for introduction Ordin an ce No. 4204 repealing Chapter 10.4 0.125 of the Huntington Beach Municipal Code re gard ing ve hic les m a rked for sale on streets, as it is no lon ge r legally va lid City Manager Chi introduced Police Chief Robert Hand y w ho prov id ed a verba l overview of th e background relating to the need to ens~re Municipal Co de compliance with curre nt co urt rulin g s re lated to free speech rights. A motion was made by Peterson , second Hardy to , after the City Clerk read s by titl e , approve for introduction Ordinance No. 4204, "An Ordinance of the Ci ty of Huntington Bea ch Re pe aling C hapte r 10.40.125 of the Huntington Beach Municipal Code Relating to Sale On Vehicl es Upon Streets." The motion carried by the following vote : AYES: NOES : Posey, Delgleize , Hardy , Semet a , Pete rs on , C arr, and Brende n None COUNCILM EMBER IT EM S 23 . 20-1388 Submitted by Councilmember Peterson -Dire cted sta ff to reassess Bluff T op Guard Rail options Councilmember Peterson said he would like to revi ew the options one more time, especially since there was Council concern about the previous options presented, and utili z ing anodized aluminum was not a previous consideration . The Councilmembers thanked Councilmember Peterson for bringing this item b ac k and ex pre ssed support for a formal proposal using anodized aluminum. Council/PFA Regular Minutes February 3, 2020 Page 17of18 Councilmember Brenden e x pressed his support for a formal proposal, and asked that staff do some independent research of their own on durability and maintenance, and stated he would like to get resident opinions as well. Councilmember Posey and City Manager Chi discussed that the process to this point was a review by the Design Review Board and Community Services Commission. City Manager Chi ex plained that after a design option is approve d by the Council , the next step would be to draw up construction options for a bid, and confirmed that if this item is approved, the process would include another review of options, which would include anodized aluminum, and opportunity for resident input. A motion was made by Peterson, second Hardy to direct staff to assess the possibility of utilizing an anodized aluminum safety rail as part of the Bluff Top Improvement Project, and that t he full analysis be brought back for form a l City Council consideration within 30 days. The motion carried by the following vote: AYES : NOES: Posey, D e lgleize, Hardy, Semeta, Peterson , Carr, and Brenden None COUN CI LME MBER CO M M ENTS (Not Agendized) Councilmember Brend e n thanked Public Speaker Lorelei Lachman for her e x pressions of appreciation for how well the Council works together for the best of the community . He reported participating in the Association of California Cities-Orange County (ACC-OC) Sacramento Advocacy Trip to protect local land use authority; ask ing for recurring funding to address homelessness; regulation of sober living homes and residential tre atment facilities ; diversified , resilient and reliable water supplies for Southern California; and pension reforms . He also attended the Visit HB new office Open House and 30th Anniversary ; several m eetings of the Jet Noise Commission ; the Candlelight Vigil for the Victims of the recent heli c opter cras h in Calabasas; and participated in the Annual Surf City Marathon . Councilmember Po sey re ported participating in the Annual Surf City Marathon Finish Line festivities, and announced the Febru ary 15th Polynesian Cultural Dance and Music Festival for all ages , at 12 noon, at 1561 2 Graham Avenue. Mayor Pro Tern Hardy reported attending the Ribbon Cutting and Grand Opening for the American Cancer Society/Di scove ry Shop ; the Marina High School Viking Foundation Principal's Gala Event at the Senior C enter; Ass ist a nce League & Soroptimist International of Huntington Beach "Day of Empowe rment" for area single moms; singing at the Annual Surf City Marathon; and thanked the Hawes Elementary mothers who put together the memorial for the Victims from the recent helicopter crash in Calabasas. Councilm ember Carr acknowledged that she dropped out of the Marathon and only participated in the 5K run; she re ported attend ing the Ribbon C utting & Grand Opening for the American Cancer Society/Di s c overy Shop; Assistance Le ague & Soroptimist International of Huntington Beach "Day of Empowerment" for area single moms; 13th Annual Writing & Illustration Contest Awards Ceremony at Central Library; and Visit HB New Office Open House and 30th Anniversary event. Mayor Sem eta re p orted attending the Assi stance League & Soroptimist International of Huntington Beach "Day of Em powe rm e nt" for area single moms; acknowledged Sophia Sendro, Ocean View High Coun cil/PFA Regular Minutes February 3, 2020 Page 18of18 School Senior and a summer Huntington Beach lifeguard, for organizing Trauma for Teachers at Huntington Beach High School where Huntington Beach firefighters and representatives from area hospitals provided bleeding control and CPR training for all teachers; reported attending a Kiawani's luncheon where Seal Beach author Mark Thompson spoke about his book, Sinatra's Tailor, a biographical novel about longtime local clothier Umberto Autore; a Farewell Reception for Former Deputy Director of Economic Development Kellee Fritzal; Visit HB New Office Open House and 30th Anniversary event; and participating in the Countdown for the Annual Surf City Marathon. Mayor Semeta adjourned the meeting in memory of the Victims of the recent helicopter crash in Calabasas. ADJOURNMENT at 10:54 PM to the next regularly schedu led meeting of the Hunti ngton Beach City Council/Public Financing Authority on Tuesday, February 18 , 2020, 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: ~c~~