HomeMy WebLinkAbout2020-03-31Minutes
City Council/Public Financing Authority Special Meeting
City of Huntington Beach
Tuesday, March 31 , 2020
4 :00 PM -Counci l Chambe rs
Civic Center, 2000 Main Street
Hunti ngton Beach, California 92648
A video recording of the 4 :00 PM portion of t his meeting
is on file in the Office of the City Clerk, and a rchived at
www.surfcity-hb.org/government/agendas/
4:00 PM -COUNCIL CHAMBERS
CALLED TO ORDER -4:07 PM
ROLL CALL
Present:
Absent:
Posey, Delgleize (remote), Hardy, Semeta , Peterson, Carr (remote), and
Brenden (remote)
None
PLEDGE OF ALLEGIANCE -Led by Councilmember Posey
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution)
Pu rsuant 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 pac ket:
City Manager's Report
#1 (20-1557) PowerPoint communication submitted by City Manager Oliver Chi , entitled City of
Huntington Beach-COVID-19 Response Update.
#1 (20-1557) Forty-four (44) Email and MyHB communications rece ived regarding COVID-19.
Consent Calendar
#3 (20-1156) Two (2) MyHB communications received regarding rent relief in mobile home parks.
Administrative Items
#4 (20-1559) Email communication submitted by Assistant City Attorney Mike Vigl iotta, regard in g the
submission of a corrected signature page for Emergency Ord inance No. 4210.
#4 (20-1559) Twenty-four (24) MyHB communications received regarding renUmortgage relief and
evictions .
Two (2) items regarding holding a public meeting .
PUBLIC COMMENTS (3 Minute Time Limit) -Social distancing measures were in place for providing
public comments SOCIAL DISTANCING MEASURES WILL BE IN PLACE FOR PROVIDING PUBLIC
COMMENTS -1 Speaker
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March 31, 2020
Page 2 of 6
The number [hh:mm:ss] following the speakers' comments indicates their approximate starting time in
the archived video located at http://www.surfcity-hb.org/government/agendas.
Robin Estanislau , Huntington Beach City Clerk, was called to speak and expressed her concerns about
not providing a means for remote public participation for public meetings while ensuring that current
government health and safety directives are met, a nd stated that staff is prepared to move forward w ith a
remote application which would also allow remote participation by constituents. (00:02:37)
COUNCIL COMMITTEE -APPOINTMENTS -LIAISON REPORTS, AB 1234 REPORTING, AND
OPENNESS IN NEGOTIATIONS DISCLOSURES
Council member Posey reported that he spoke to representatives of the Huntington Beach Pol ice
Officers' Association (HBPOA).
Councilmember Carr reported a conversation with t he Huntington Beach Police Officers' Association
(HBPOA).
CITY MANAGER'S REPORT
1. 20-1557 Update of the City COVID-19 Response Plan and Actions for Review and Discussion
City Manager Oliver Chi , Police Chief Robert Handy and Fire Chief Scott Haberle presented a
PowerPoint communication entitled City of Huntington Beach -COVID-19 Response Update with s lid es
titled: Situational Update (3), Transitioning to Phase Ill Operating Model, Maintain Vital City Operations,
Outreach To Our At-Risk Communities, Fire/EMS Operational Update, Police Operational Update, New
Services Developed (4), Public Information Operation Statistics Since March 12th, lnstagram Launches
'Stay Home' Story & Co-Watching Feature (5), Working To Stay Ahead of the Situation, and Questions.
Councilmember Brenden thanked City staff members for being so agile during this time, and shared his
amazement at what has been accomplished by everyone.
Mayor Semeta expressed appreciation for the creativity and innovation that staff, as well as community
partners, have provided in a very short amount of time.
CONSENT CALENDAR
Councilmember Posey pulled Item #3 regarding Rent Abatement for City-owned facilities for further
discussion.
2. 20-1545 Adopted Resolution No. 2020-17 -Suspend Water Shutoffs to Residential and
Business Customers in Response to COVID-19
A motion was made by Hardy, second Posey to adopt Resolution 2020-17 , "A Resolution of the City
Council of the City of Huntington Beach Establishing City Policy on Termination of Residential and
Business Water Service in Response to COVID-19."
The motion carried by the following vote :
AYES:
NOES:
Posey, Delgleize, Hardy, Semeta, Peterson , Carr, and Brenden
None
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March 31, 2020
Page 3 of 6
3. 20-1556 Approved Rent Abatement for Tenants at Certain City-owned Facilities
Councilmember Posey and City Manager Chi discussed the reasons for rent abatement.
A motion was made by Posey , second Peterson to authorize and direct the City Manager and/or his
designee to implement rent abatement to concessionaire tenants of various City-owned facil ities,
excluding Ocean View Estates , effective from the date of the issuance of the State of Ca lifornia's
Proclamation of State of Emergency (March 4, 2020) until the Proclamation is lifted . A list of included
tenants is attached as Attachment No. 1.
Councilmember Delgleize asked , and City Manager Chi confirmed , that the Ocean V iew Estate renters
are not included in Administrative Item No . 4 regarding tenant evictions .
Mayor Semeta and City Manager Chi discussed the possibility of requiring evidence of need .
Councilmember Posey explained his opinion that a concessionaires' hardship is created by the City in
this situation, but any hardship ex perienced by tenants at Ocean View Estates would not be a result of
City actions .
Councilmember Brenden expressed support for Councilmember Posey's motion based on his
understanding that the Ocean View Estates tenants are protected by Governor Newsom's recently
issued Executive Order to Protect Renters .
Mayor Semeta stated her support for the amended motion.
The motion as amended by Councilmember Posey, second Peterson , carried by the fo llowin g vote :
AYES :
NOES :
Posey, Delgleize , Hardy, Semeta, Peterson , Carr, and Brenden
None
ADMINISTRATIVE ITEMS
4. 20-1559 Denied Adoption of Emergency Ordinance 4210 Establishing Temporary Ban on
Certain Tenant Evictions for Non-Payment of Rent as a Result of COVID-19 Related
Financial Impacts
City Manager Chi introduced this item by ex plaining Governor Newsom 's issuance of an Executive Order
to ban residential evictions, and this proposed City Emergency Ord inance addresses commercial and
residential tenants. The distinctions between Governor Newsom's Order and the C ity's Ordina nce are 1)
length of time or duration , 2) the penalties provision, and 3) the City is including commercia l tenants.
Councilmember Peterson stated his understanding that when this Emergency Ord inance was orig inally
discussed , Governor Newsom had not yet addressed the issue of tenant evictions. City Attorney Gates
exp lained the technicalities related to emergency ordinances , and expl ained th is is a supplement to
Governor Newsom's Executive Order to provide local enforcement, because there is no enforcement
mechanism from Sacramento. Councilmember Peterson explained his objection to what he sees as
government taking away essential liberties.
City Attorney Gates explained that this Emergency Ordinance is legal , there is no interference with
leases or contracts , or the relationship between landlords and tenants , as it only removes a landlord's
abilities to immediately run to court right now to seek a court order to evict.
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March 31, 2020
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Councilmember Delgleize and City Attorney Gates discussed why this Emergency Ord inance covers
both commercial and residential evictions , a clerical error within the Ordinance that was corrected, and
that the public has been afforded opportunity to comment on this Ordinance at this meeting and through
supplemental communications. City Attorney Gates stated that his office believes this Emergency
Ordinance reflects what Governor Newsom's Executive Order intended , within boundaries that are
constitutional. City Attorney Gates confirmed that the City issues citations whenever there is an
ordinance or code violation.
Councilmember Brenden stated his support for including commercial evictions in this Emergency
Ordinance, and ensuring that enforcement is under local control rather than at the State level. City
Attorney Gates confirmed that this action requires an affirmative vote of five (5) Councilmembers in order
to be approved . Councilmember Brenden clarified for the public that this Emergency Ordinance is not a
blanket morato riu m on evictions , as it only addresses COVID-19 related situations. He continued by
confirming that this Emergency Ordinance does not relieve any tenant of their obligation to pay rent, nor
does it restrict landlords' abilities to recover rent after this Emergency Order is no longer in effect; and if
approved tonight it can be rescinded at any time the Council chooses . City Attorney Gates co nfirmed
that there is no requirement to treat this issue as a "Public Hea ring" item, vs an "Adm in istrative" item.
Councilmember Posey explained he is strongly opposed to this item because in his opinion it effectively
changes the te rms of a lease, and evictions are civil actions not like ly to happen now that courts have
been closed. He continued with examples of text within the Ordinance which he feels grant judicial
powers to the City Manager.
Councilmember Carr stated her opposition to Councilmember Posey's comments and expressed her
belief that this is a time for City leaders to step up and provide temporary solutions . She thanked City
Attorney Gates for stepping up to provide clarity and guidelines for a rather general Executive Order from
Governor Newsom , and explained that she sees this item as showing support for the tenants asking for
help in navigating through these unprecedented times .
Councilmember Peterson explained his understanding that Huntington Beach staff and other area ci ties
are communicating with their businesses and residents, asking them to be aware of the tough situations
their tenants may be in. However, he expressed his opinion that the Emergency Ordinance does not
ask, it demands and therefore he cannot support it.
City Attorney Gates reiterated that this Emergency Ordinance is the enforcement mechanism for
Governor Newsom's Executive Order, and stated that this does not create any new authority for the City
of Huntington Beach.
Councilmember Brenden explained that from his perspective Governor Newsom has already restricted
landlord rights through his Execu t ive Order, and if this Emergency Ordinance is not approved then the
City of Huntington Beach is basically surrendering its authority to the State to administer a plan of
eviction moratorium. This Emergency Ordinance will allow local contro l over the process.
Councilmember Posey stated he appreciates City Attorney Gates clarification that this Emergency
Ordinance is the e nforcement mechanism for Governor Newsom's Executive Order, however, the
Executive Order does not address commercial evictions, and that was added to this Emergency
Ordinance . Further, the Emergency Ordinance stipulates that the City Manager becomes the
adjudicator. City Manager Chi clarified that he only becomes the adjudicator in determining whether the
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March 31, 2020
Page 5 of 6
tenant hardship is truly COVID-19 related. He would not be involved in any other landlord/tenant
negotiations regarding amounts due and payment deadlines.
Mayor Pro Tern Hardy asked how a landlord/tenant COVI 0-19 related dispute would be handled if this
Emergency Ordinance is not passed, and City Attorney Gates responded that it is unclear, because the
State, nor the County, have provided any direction ; but the Executive Order states enforcement is up to
local jurisdictions.
Mayor Pro Tern Hardy stated she supports this Emergency Ordinance because there needs to be a
mechanism to help determine whether landlord/tenant situations are COVID-19 related , for residential
and commercial s ituations .
Councilmember Delgleize stated her opposition to this Emergency Order because i n her opinion the
Governor's Executive Order is all that is needed for now.
Mayor Semeta stated that based on her recent discussions with landlords, she believes a majority will do
the right thing for their tenants during the impact of COVI D-19, and she is opposed to this Emergency
Ordinance because in her opinion it interferes with property rights.
A motion was made by Hardy, second Carr to adopt Ordinance No. 4210 , "An Emergency Ordinance of
the City of Huntington Beach , Adding Chapter 3.58 to the Huntington Beach Mun icipal Code Establishing
a Temporary Ban on Certain Tenant Evictions for Non-Payment of Rent as a Result of COVID-19
Related Financial Strain."
The motion failed by the following vote :
AYES : Hardy, and Carr
NOES : Posey, Delgleize, Semeta, Peterson, and Brenden
COUNCILMEMBER COMMENTS (Not Agendized)
Councilmember Peterson thanked City staff, Mayor Semeta, and the Police and Fire Departments staff
for being on the front lines , and commended the people like delivery drivers and grocery store personnel
who probably don't have any personal protection equipment, but still do their job to ensure everyone has
access to necessities .
Mayor Pro Tern Hardy thanked everyone for being mindful of, and following , social d istancing
recommendations .
Councilmember Posey complimented Mayor Semeta for her empathetic, compassionate, and gracefu l
demeanor and the great informative videos . He also thanked City staff for their efforts to k eep everyone
updated with the latest information.
Councilmember Delgleize stated her agreement with the comments already made by her fellow
Councilmembers , and expressed appreciation for the gratitude and teamwork she has observed
throughout the community, and her pride at being a member of this Council.
Council member Brenden stated his support for all of the previous Council member comments , and
especially acknowledged the extra efforts of many local businesses, volunteers, and the Huntington
Beach Interfa ith Council. He encouraged people to purchase local merchant gift cards which can be used
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March 31, 2020
Page 6 of 6
in the futu re, and closed by stating that during the worst of times in Huntington Beach we see the best in
the people of Hunti ngton Beach .
Councilmember Carr echoed support for all of the previous Council member comments , and
acknowledged all of the parents with school -age children at home, as well as the teachers going out of
their way to make on-line learning work . She expressed appreciation for how everyone is stepping up
and believes the City will come out of this situation much stronger.
Mayor Semeta also echoed support for all of the previous Councilmember comments, and personally
acknowledged all of the health care providers who truly are on the front lines making personal sacrifices
for the benefit of the community.
ADJOURNMENT -at 5:52 PM to the ne xt regularly scheduled meeting of the Huntington Beach City
Council/Publ ic Finan c ing Authority on Monday, April 6, 2020, at 4 :00 PM in the Civi c 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:
City Clerk-Secretary
City Clerk and ex-offici o Clerk of the City Council of
th e City of Huntington Beach and Secretary of t he
Public Financing Authority of the City of Huntington
Beach , California
May~~