HomeMy WebLinkAbout2020-12-21Minutes
City Council/Public Financing Authority Regular Meeting,
And Special Meetings of the Housing Authority,
Parking Authority and Successor Agency
City of Huntington Beach
Monday, December 21 , 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 4:00 PM and 6:00 PM portions of this meeting
is on file in the Office of the City Clerk, and archived at
www.surfcitv-hb.org/government/agendas/
4:00 PM -COUNCIL CHAMBERS
CALLED TO ORDER -4:00 PM
ROLL CALL
Present:
Absent:
Peterson , Kalmick, Ortiz, Carr, Posey, Moser, and Delgleize
None
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution)
Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced supplemental
communications that were received by her office following distribution of the Council Agenda packet:
Study Session
#1 (20-2104) PowerPoint communication regarding Short-Term Rentals submitted by Ursula Luna-
Reynosa , Director of Community Development.
Closed Session
#4 (20-2105) 2 Email communications received regarding the filing of an amicus brief in support of the
Orange County Sheriff's Appeal of the State Court Order ordering the early release of
prisoners from Gino Bruno and Mark Bixby.
PUBLIC COMMENTS PERTAINING TO STUDY SESSION I CLOSED SESSION ITEMS
(3 Minute Time Limit) -5 Call -In Speakers
The number [hh :mm:ss] following the speakers' comments indicates their approx imate starting time in
the archived video located at http://www. surfcity-hb. org/governmentlagendas.
Nicholas Harney, manager of two short-term rentals in Sunset Beach , was invited to speak and shared
personal ex periences related to some of his successful policies . (00:02 :56)
Council/PFA Regular Meeting,
Housing and Parking Authorities, and Successor Agency
Special Meeting Minutes, December 21 , 2020
Page 2of19
Steve Nguyen, a resident of Huntington Beach for over 40 years, a landlord for about 15 years , and
member of the Short-Term Rental Alliance, was invited to speak and shared his observations of the
short-term rental industry in Huntington Beach, most of which are very positive, and asked for moderate
regulations and policies. (00:04:36)
Kathryn Levassiur, resident of Huntington Beach and Founder, Short-Term Rental Alliance, was invited
to speak, congratulated the newly elected Councilmembers, and provided a brief background on the
Short-Term Rental Alliance. Ms. Levassiur asked that the current ordinance be modified so the same
policies are approved for both Huntington Beach and Sunset Beach, or a new ordinance be drafted.
(00:08:14)
Mike Hermanns, a lifetime resident of Huntington Beach, was invited to speak and shared his opinion
that through this ordinance the local hotel industry is trying to control short-term rentals. (00: 10:55)
Caller #739 , a Huntington Beach homeowner, was invited to speak and stated support for Mr.
Hermann's comments and noted that short-term rentals serve a different client base than hotels do, and
for the most part short-term rentals improve their neighborhood. (00:14:45)
STUDY SESSION
1. 20-2104 Short Term Rental Study Session Held
City Manager Oliver Chi introduced Community Development Director Ursula Luna-Reynosa, Deputy
Director of Community Development Jennifer Villasenor, and Associate Planner Tess Nguyen who
presented a PowerPoint communication entitled : Short-Term Rentals with slides titled: Background,
STR Regulations, Types of STRs, Permitted Locations, STR Permit, Criteria for STRs, STR Key
Provisions, STR Requirements, Postings, Hosting Platforms, Enforcement, Fiscal Impact (3),
and Recommendation.
Councilmember Delgleize, Associate Planner Nguyen and City Manager Chi discussed that all of the
regulations presented would be enforced and that Council previously directed staff to prepare a
restrictive proposal that would only allow for hosted Short-Term Rentals (STRs) in Huntington Beach
with an overlay for Sunset Beach for hosted or non-hosted STRs. Director Luna -Reynosa explained
that permits would only be issued for hosted STRs in Huntington Beach, and when a complaint is
received , Code Enforcement will check the permit for the specific location and follow-up accordingly.
Councilmember Kalmick confirmed with Director Luna-Reynosa that properties with approved
Additional Dwelling Units (ADUs) are not eligible for STR permits; only one STR permit will be allowed
per property, regardless of the number of bedrooms; approximate cost is $300 for the 500-foot
notification; an amendment would be required to allow a permitted STR for someone owning two
adjacent houses to live in one and short-term rent the other; that Home Owner Association
(HOA) Covenants , Conditions & Restrictions (CCRs) must state that STRs are prohibited to prevent an
owner from securing an STR permit; and, suggested the term "shall " be substituted for "may" in code
section 5.120.070 C relating to three violations resulting in a revocation hearing . Councilmember
Kalmick also discussed stipulating the percentage of ownership in a property in response to a potential
investor/owner purchasing multiple STR properties; third party advertising platforms, minimum
response time for illegal behavior and activity reporting ; recommended a Council Ad Hoc committee
Council/PFA Regular Meeting,
Housing and Parking Authorities, and Successor Agency
Special Meeting Minutes, December 21, 2020
Page 3of19
that would provide quarterly reports to Council ; and , expressed concerns regarding the plan and
process to only allow three permits for multi-unit properties.
Councilmember Posey expressed his opinion that this proposed STR ordinance is just a basic starting
point , limited to home-hosted rentals, and he expects more detailed discussions in the future to
address issues that may arise, including potential expansion options. He thanked both Director Luna-
Reynosa and City Attorney Gates for putting together this "brief' nine-page ordinance .
Councilmember Moser stated her opinion it makes sense to put a cap on the number of STRs now,
rather than have to potentially remove some later.
Mayor Carr and Director Luna-Reynosa discussed that before fees can be determined , advisors need
to see the actual adopted ordinance and follow the processes to document the amount of time various
staff members will spend on those processes . Mayor Carr stated that there are around 900 illegal
STRs in Huntington Beach, and this effort is a way to bring control , and she sees this as a "quality of
life" rather than "money generating" issue . Mayor Carr confirmed with Director Luna-Reynosa that the
property owner must be the host for hosted STRs .
RECESSED TO CLOSED SESSION -4:56 PM
A motion was made by Posey , second Ortiz to recess to Closed Session for Items 2 -4. With no
objections, the motion carried.
CLOSED SESSION
2. 20-2097 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1)
of subdivision (d) of Section 54956.9). Name of case: Moore (Neal), et al. v. City of
Huntington Beach, et al.; OCSC Case No. 30-2019-01071686.
3. 20-2103 CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION. (Paragraph (1)
of subdivision (d) of Section 54956.9). Name of case: Jeffrey (Terrence) v. City of
Huntington Beach, et al.; OCSC Case No.: 30-2020-01165156.
4. 20-2105 CONFERENCE WITH LEGAL COUNSEL-LITIGATION (Gov. Code section
54956 .9(d)(4).): Confer with the City Attorney regarding a request by Orange
County Sheriff Don Barnes to provide amicus support to the Sheriff's Appeal of
State Court Order ordering early release of prisoners.
6:00 PM -COUNCIL CHAMBERS
RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING, AND CALLED TO
ORDER SPECIAL MEETINGS OF THE HOUSING AUTHORITY, PARKING AUTHORITY AND
SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF HUNTINGTON BEACH
-6:00 PM
ROLL CALL
Present: Peterson, Kalmick, Ortiz, Carr, Posey, Moser, and Delgleize
Absent: None
Council/PFA Regular Meeting,
Housing and Parking Authorities, and Successor Agency
Special Meeting Minutes, December 21, 2020
Page 4of19
PLEDGE OF ALLEGIANCE -Led by Councilmember Kalmick
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. 20-1917 Scott Wilson of St. Mary's by the Sea and member of the Greater Huntington
Beach Interfaith Community
City Clerk Estanislau announced that City Attorney Gates requested to be absent from the
remainder of the meeting, and that Chief Deputy City Attorney Mike Vigliotta was present.
CLOSED SESSION REPORT BY CITY ATTORNEY -Chief Deputy City Attorney Mike Vigliotta
announced that by a vote of 5-2 (Kalmick, Moser -Abstain), the City Council authorized the City
Attorney to file amicus support of Orange County Sheriff Don Barnes ' Appeal of State Court Order
ordering early release of prisoners.
AWARDS AND PRESENTATIONS
6. 20-2051 Mayor Carr presented commendations to Miss Huntington Beach 2021 Mara
James and her court
Mayor Carr introduced Ms. Mara James, Miss Huntington Beach 2021 , via Zoom. Ms. James was a
princess for several years, selected to be Miss Huntington Beach last year, and because of COVID-19
her term was extended another year for a total of four years of service. Mayor Carr explained this
competition recognizes accomplished young women in the community and provides a stage to bring
awareness to important social issues . Gianna DiLaberto and Natalie Peart are the princesses who
have also agreed to serve another year because of COVID-19. Mayor Carr thanked them for their
excellent service to the community .
Ms. James stated that technology provides opportunities for continued interaction , expressed her
e xcitement for serving another year, and thanked the Sand Dollars of Huntington Beach for providing
this scholarship competition. On behalf of Gianna and Natalie she stated they are all especially excited
to know there will be another 4th of July Parade in 2021 .
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:
City Manager's Report
#8 (20 -2100) PowerPoint communication regarding Ascon Landfill Site Update submitted by Travis
Hopkins, Assistant City Manager
Council/PFA Regular Meeting,
Housing and Parking Authorities, and Successor Agency
Special Meeting Minutes, December 21 , 2020
Page 5of19
#9 (20-2101) PowerPoint communication submitted by City Manager Oliver Ch i, and email
communication received from Cynthia Herrick Steele, regarding the Update of the C ity
COVID-19-19 Response Plan .
Consent Calendar
#13 (20-1983) Email communication received from Amory Hanson regarding cancellation of the City
Council/Public Financing Authority regular meeting of January 4, 2021 .
#19 (20-2095) 15 Email communications regarding the consideration of joining the Orange County
Power Authority (OCPA), a Community Choice Energy (CCE) Joint Powers Authority
(JPA) received from :
Dee Fox
Steven C. Shepherd
Craig Frampton
Lisa Ager
Steve Farnsworth
Mark Moreno Roger Sabanegh
Belinda Jon Michael Hoskinson
Mary Jane Bartee (2) Larry McNeely
Kathy Carrick Nicholas Mestanas
Sally Neiser
#20 (20-2090) PowerPoint Presentation submitted by Ursula Luna-Reynosa, Director of Community
Development, and 3 Email communications, regarding the Temporary Closure of the
Second and Third Blocks of Main Street received from :
Amory Hanson Stephanie Wilson Susanna Smith , CEO of Makin Waves
Salon Corp.
Ordinances for Introduction
#21 (20-2054) 22 Email communications received regarding Short-Term Rentals from:
Louise Burke Julie Kimmel Binh Vo
Susan Tillou Winter Orchid Anthony Nemelka
Toral Patel (2) Kim Kramer Kathryn Levass iur (3)
Michael Manansala Michael 0 . John Choi , Airbnb
Bob Delmer Mirta Seitz Jean Young , Long Beach Hosting Club
Steve Nguyen Mike Hermanns Clark and Jennifer Christensen
Chanti Mahalaha
PUBLIC COMMENTS (3 Minute Time Limit) -22 Call-In Speakers
The number [hh:mm :ss] following the speakers' comments indica tes their approximate starting time in
the archived video loca ted at http://www. s urfcity-hb. orglgovernmentlagendas.
Caller #401 , Albert Levassiur, a homeowner and husband of Kathryn , Founder of Huntin gton Beach
Short-Term Rental Alliance, was invited to speak and requested that the Council modify the proposed
ordinance to allow for non-hosted short-term rentals when considering Ordinances for Introduction Item
21 (20-2054) -introduction of Ordinance No. 4224 (Short-Term Rentals). (01 :09 :32)
Caller #488 , Susie , owner of Makin Waves Hair Salon on Main Street, was called to speak and urged
the Council to table Admin istrative Item #20 (20-2090) regarding extending the temporary closure of the
Second and Third Blocks of Main Street to vehicular traffic, and stated her support for re-opening Main
Street immediately. (01 : 10:35)
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Special Meeting Minutes, December 21, 2020
Page 6of19
Caller #460, Casey McKeon, was invited to speak and stated his opposition to three (3) Agenda
items: Consent Calendar Item #19 (20-2095) -adopt of Ordinance No. 4227 (Community Choice
Energy (CCE) Joint Powers Authority (JPA); Administrative Item #20 (20-2090) regarding extending the
temporary closure of the Second and Third Blocks of Main Street to vehicular traffic; and Ordinances
for Introduction Item #21 (20-2054) -introduction of Ordinance No. 4224 (Short-Term Rentals).
(01:11:59)
Amory Hanson, a Candidate for City Council in 2022 and a member of the Huntington Beach Historic
Resources Board, was invited to speak and recommended postponing a decision on Administrative
Item #20 (20 -2090) regarding extending the temporary closure of the Second and Third Blocks of Main
Street to vehicular traffic. (01 : 14:55)
Kathryn Levassiur, a resident of Huntington Beach and Founder of Huntington Beach Short-Term
Rental Alliance, was called to speak and urged Council to delay a vote on Ordinances for Introduction
Item #21 (20-2054) to approve for introduction Ordinance No . 4224 regarding Short-Term Rentals, and
asked staff to return with an ordinance that is the same for all homeowners in Huntington Beach and
Sunset Beach . (01 : 15:46)
Eric Silkenson , a 48-year resident of Huntington Beach , was invited to speak and thanked Council for
supporting Orange County Sheriff Don Barnes regarding early release of prisoners. Mr. Silkenson also
expressed his concerns regarding Ordinances for Introduction Item #21 (20-2054) to approve for
introduction Ordinance No. 4224 regarding Short-Term Rentals, and he encouraged everyone to work
together to focus on the positives that Huntington Beach has to offer residents and visitors . (01 : 18 :00)
Danielle Wilson , representing Unite Here Local 11, the 30 ,000-member Hotel Workers' Union , was
invited to speak and stated support for Ordinances for lntroduction ·ltem #21 (20-2054) to approve for
introduction Ordinance No . 4224 regarding Short-Term Rentals . (01 :21 :24)
Nicholas Harney, a resident of Huntington Beach for 11 years and property manager for five years, was
invited to speak and stated his success with short-term rentals by following clear guidelines and
principles, suggested common -sense guidelines are needed to permit short-term rentals , and
expressed his concern for the potential of neighbors who may have a grudge calling up Code
Enforcement with false complaints . (01 :24:20)
Mike H., owner of short-term rental property in Newport Beach , was invited to speak and stated his
opposition to Ordinances for Introduction Item #21 (20-2054) to approve for introduction Ordinance No .
4224 regarding Short-Term Rentals because in his opinion, it is unnecessarily restrictive . (01 :26:47)
Jose Trinidad Castaneda, Climate Action Campaign , was invited to speak and shared his support
for Consent Calendar Item #19 (20-2095) -adoption of Ordinance No . 4227 (Community Choice
Energy (CCE) Joint Powers Authority (JPA), and addressed misinformation that is circulating regarding
this item . (01 :29 :06)
Alyssa Colodny was invited to speak and asked for more City enforcement of COVID-19 regulations.
(01 :31 :55)
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Special Meeting Minutes, December 21, 2020
Page 7of19
Nizan, a resident of Huntington Beach , was invited to speak and stated her opposition to
Councilmember Item #23 (20-2109) regarding supporting the Orange County Sheriff's Department in
the pending appeal of Campbell et. All v . Barnes . (01 :33:18)
Steve Nguyen, a 42-year resident of Huntington Beach , was invited to speak and requested that both
hosted and non-hosted short-term rentals be included in Ordinances for Introduction Item #21 (20-
2054) -introduction of Ordinance No . 4224 (Short-Term Rentals). (01 :3 5 :00)
Michael Low, a Sunset Beach short-term rental owner, was invited to speak and shared the processes
he uses to provide neighbor-friendly short-term rental experiences . (01 :38 :31)
Caller #600, Michelle Peterson a resident of Huntington Beach , was invited to speak and shared her
opposition to Consent Calendar Item #19. (20-2095) -adoption of Ordinance No. 4227 (Community
Choice Energy (CCE) Joint Powers Authority (JPA). (01 :40:00)
Mark Diamond of Huntington Beach shared his opinions regarding mask wearing . (01 :40:50)
Phil Larshan, provider of un -hosted short-term rentals, was invited to speak and shared the processes
he uses to provide neighbor-friendly short-term rental experiences. (01 :41 :43)
An unnamed male spoke on behalf of Shereen Elhusseini to state support for Ordinances for
Introduction #21 (20-2054) -introduction of Ordinance No. 4224 (Short-Term Rentals). (01:44 :17)
Stephanie W ilson , a partner in Fred 's Mexican Cafe and Sandy's Beach Shack, was invited to speak
and stated her opinion that Administrative Item #20 (2 0-2090) considering an extension of the
temporary closure of the Second and Third Blocks of Main Street is premature, and suggested
reviewing the situation every month after the current February deadline . (01 :44:54)
Steve Finlay , owner of a Sunset Beach short-term rental, was invited to speak and shared his concerns
about the opportunity for short-term rental neighbors to make false claims to Code Enforcement, asked
how complaints are verified , and what safeguards will be used to prevent owners being fined for false
claims. (01:48:16)
Cynthia Harris Steele was invited to speak and shared her suggestion of an art design that could be
used to market Huntington Beach as a safe and desirable destination to alter negative opinions
harvested from recent national news stories about Huntington Beach . (01 :49:59)
Yasmine Abo-Shadi, a resident of Huntington Beach and Airbnb property manager for various cities,
was invited to speak and stated her support for Ordinances for Introduction #21 (20-2045) -introduction
of Ordinance No. 4224 (Short-Term Rentals.) (01 :53:06)
COUNCIL COMMITTEE -APPOINTMENTS -LIAISON REPORTS, AB 1234 REPORTING, AND
OPENNESS IN NEGOTIATIONS DISCLOSURES
Councilmember Posey reported attending the inaugural Board meeting of the Orange County Power
Authority (OCPA) which appointed a general council, approved the ES Consulting and capital loan
agreements, appointed a Chair and Vice Chair, and swore in new members. Currently the cities of
Fullerton, Buena Park, Lake Forest and Huntington Beach have joined with Irvine.
Council/PFA Regular Meeting,
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Special Meeting Minutes, December 21 , 2020
Page 8of19
Councilmember Delgleize reported attending an Orange County Transportation Authority (OCTA)
Board meeting, and indicated that she will be attending a Be Well OC meeting on Wednesday, adding
that their new facility will open in January 2021.
Councilmember Kalmick announced his appointment of Cory Johnson to the Citizen's Infrastructure
Advisory Board, Pama Ghosh to the Citizen Participation Advisory Board, John Partington to the
Community Services Commission , Rob Sternberg to the Finance Commission , and Sean Heymann to
the Investment Advisory Board.
Mayor Pro Tern Ortiz announced his appointment of Nancy Buchoz to the Community Services
Commission , Casey McKeon to the Finance Commission , *Betty Flynn to the Human Relations Task
Force , James Michalski to the Public Works Commission, and Gracey Van Der Mark to the Planning
Commission .
*Appointments to the Human Relations Task Force (HRTF) are not made directly; rather, Council
liaisons to the HRTF must bring a recommendation to Council for consideration/approval.
Counci lmember Moser reported attending the 2020 Business Woman of the Year Business Luncheon,
taking a tour of the Navigation Center, and attending the Annual Tree Decorating event at City
Hall. She also announced her appointment of Laura Costelloe to the Commun ity Services
Commission, Oscar Rodriguez to the Planning Commission , Dennis Kelly to the Investment Advisory
Board , and David Gins to the Public Works Commission .
Mayor Carr reported attending a virtual Youth Board meeting, and reported receiving a positive email
from the CEO of Fountain Valley Regional Hospital explaining that enough COVID-19 vaccines have
been received to vaccinate every Tier I through T ier 3 hospital employee who chooses to be
vaccinated .
7. 20-2087 Approved Mayor Carr's 2021 Council Liaison List
A motion was made by Posey, second Delgleize to , as recommended by the City Council, Public
Financing Authority , Housing Authority , Parking Authority, and Successor Agency: Approve the 2021
Council Liaison List that includes appointments to citizen boards , commissions, committees , and task
forces as presented by Mayor Carr. (The City Clerk certifies that FPPC Form 806 "Agency Report of
Public Official Appointments" wh ich is used to report additional compensation that officials receive
when appointing themselves to positions on committees, boards or commissions of a public agency,
special district and joint powers agency or authority was posted to the City's website according to law
prior to this vote .)
The motion carried by the following vote :
AYES :
NOES:
Peterson , Kalmick, Ortiz, Carr, Posey , Moser, and Delgleize
None
CITY MANAGER'S REPORT
8 . 20 -2100 Ascon Landfill Site Update
Council/PFA Regular Meeting,
Housing and Parking Authorities, and Successor Agency
Special Meeting Minutes, December 21, 2020
Page 9of19
City Manager Chi introduced Assistant City Manager Travis Hopkins who presented a PowerPoint
presentation entitled Ascon Landfill Site Update , with slides titled Ascon Landfill Site Update (2), How to
Stay Informed, and Questions or Concerns?
9. 20-2101 Update of the City COVID-19-19 Response Plan and Actions for Review and
Discussion
City Manager Oliver Chi and Fire Chief Scott Haberle presented a PowerPoint communication
entitled COVID-19-19 Update with slides titled, COVID-19-19 Situational Overview, COVID-19-19 -US
Totals, Comparative Analysis, Nationwide COVID-19-19 Metrics 7-day Average Lines, US COVID-19-
19 Cases by Day, COVID-19-19 California Totals, Currently Hospitalized with COVID-19-19, Change in
Currently Hospitalized Today vs. Previous Week, COVID-19-19 Orange County Trends, COVID-19-19
Orange County Hospital Capacity, COV/D-19-19 Huntington Beach Numbers, COVID-19-19 Virus
Progression, Orange County ICU Status, Daily Case Rate per 100k, Running Out of Hospital Capacity,
Orange County Hospital System Status, Response to Hospital System Status, HBFD Response to
Hospital System Status, COVID-19-19 Predictions for Orange County, COVID-19-19 Vaccination
Progress, and Questions
Councilmember Posey and Fire Chief Haberle discussed the lower rate of deaths for skilled nursing
facility patients, compared to earlier in the year, due to having implemented new procedures to limit
exposure opportunities .
Councilmember Moser thanked Fire Chief Harberle for increasing the number of emergency response
resources , and discussed with Chief Haberle the typical flu season's impact on the situation, the current
death rate of approximately 1.6%, and actions people should take to help remove the burden from the
health care workers, and also to help businesses re-open.
Councilmember Kalmick, Chief Haberle and City Manager Chi discussed the public education
campaign that will be required when vaccines actually become available for the general public, and
explained that procedures and guidelines are being developed and dispersed by the County Health
Department. J
Councilmember Delgleize and Chief Haberle discussed the coordination of efforts throughout Orange
County and suggested that HBready.com is the best place for people to find current information .
Mayor Pro Tern Ortiz and Ch ief Haberle discussed ways to educate people on personal choices that
can boost their immune system.
Councilmember Moser and City Manager Chi discussed COVID-19 safety procedures at the Navigation
Center provided by the County Health Department.
Mayor Carr thanked Chief Haberle and Fire Department staff for being proactive and able to pivot at a
moment's notice as circumstances change.
CONSENT CALENDAR
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Housing and Park ing Authorities, and Successor Agency
Special Meeting Minutes, December 21, 2020
Page 10of19
Councilmember Peterson pulled Item #19 and Council member Kalmick pulled Item #15 for further
discussion .
10. 20-2074 Approved and Adopted Minutes
A motion was made by Posey , second Delgleize to approve and adopt the City Council/Public
Financing Authority regular meeting minutes dated December 7, 2020, as written and on file in the
office of the City Clerk; and , approve and adopt the City Council/Public Financing Authority spec ial
meeting minutes dated December 10, 2020, as written and on file in the office of the City Clerk.
The motion carried by the following vote:
AYES :
NOES :
Peterson , Kalmick, Ortiz , Carr, Posey , Moser, and De lgleize
None
11. 20-1957 Received and filed the Maddy Act Local Appointments List -2021 (terms on City
boards, commissions, and committees that expire in 2021) informing the public of
openings and vacancies based on 2021 expiration of current members' terms
A motion was made by Posey , second Delgleize to receive and file the Maddy Act Local Appointments
List -2021 showing vacancies that will occur on City boards, commissions, and committees in the year
2021 , and direct the City Clerk to post the list at official posting locations (Civic Center, Huntington
Central Library , and Main Street Library). Copies of t he Maddy Act Local Appointments List -2021 w ill
also be posted at all branch libraries and on the City's website .
The motion carried by the following vote :
AYES: Peterson , Kalm ick, Ortiz , Carr, Posey, Moser, and Delgleiz e
NOES: None
12. 20-2020 Adopted Resolution No. 2020-65 approving submittal of a grant funding
application for a traffic signal and signal coordination improvement project on
Bolsa Avenue to the Orange County Transportation Authority (OCTA) under the
competitive Measure M2 Regional Traffic Signal Synchronization Program
(RTSSP)
A motion was made by Posey, second Delgleize to adopt Resolution No . 2020-65 , "A Resolution of the
Ci ty Council of the City of Huntington Beach Approving the S ubmittal of an Improvement Proj ect to the
Orange County T ransportation Authority for Funding Under the Competitive Measu re M2 Regiona l
Traffic Signal Synchronization Program ."
The motion carried by the following vote :
AYES :
NOES:
Peterson , Kalm ick, Ortiz, Carr, Posey, Moser, and Delgleize
None
Council/PFA Regular Meeting,
Housing and Parking Authorities, and Successor Agency
Special Meeting Minutes, December 21, 2020
Page 11of19
13. 20-1983 Adopted Resolution No. 2020-84 authorizing cancellation of the City
Council/Public Financing Authority regular meeting of January 4, 2021; and,
directed the City Clerk to provide notice of such cancellation
A motion was made by Posey , second Delgleize to adopt Resolution No . 2020-84, "A Resolution of the
City Council of the City of Huntington Beach Declaring the Cancellation of the City Council and Public
Financing Authority Regular Meeting of January 4, 2021; and Directing the City Clerk to Prov ide Notice
of Such Cancellation."
The motion carried by the following vote:
AYES:
NOES:
Peterson , Kalmick, Ortiz, Carr, Posey, Moser, and Delgleize
None
14. 20-2078 Adopted Resolution No. 2020-85 to accept and approve the Development Impact
Fee (DIF) Report for Fiscal Year 2019-20, and to make findings as required by
Government Code Sections 66006 and 66001
A motion was made by Posey, second Delgleize to accept and approve the Development Impact Fee
Report for Fiscal Year Ending June 30, 2020, and Adopt Resolution No . 2020-85, "A Resolution of the
City Council of the City of Huntington Beach to Accept and Approve the Development Impact Fee
Report for Fiscal Year Ending June 30 , 2020, and to Make Findings as Required by Government Code
Sections 66006(b) and 66001 (d)."
The motion carried by the following vote:
AYES: Peterson, Kalmick, Ortiz, Carr, Posey, Moser, and Delgleize
NOES: None
15. 20-2102 Adopted Resolution No. 2020-88 delegating authority to a hearing officer to
determine all questions raised on appeals filed by any person aggrieved by any
decision of the Finance D irector regarding revocation or suspension of a business
license
Councilmember Kalmick pulled this item to further discuss the business license appeal process with
City Manager Chi and Chief Assistant City Attorney Vigliotta who confirmed that a third-party arbitrator's
ruling would be final.
Councilmember Posey, Chief Finance Officer Bulosan and City Manager Chi discussed the current
process and how it will be changed if Council approves this item . Councilmember Posey expressed his
opposition to allowing a third party to adjudicate a final decision , when that adjudication should remain
with City Council, especially for a process that is seldom needed.
Councilmember Delgleize and City Manager Chi discu$sed the purpose of this item is to bring this
process in line with other Code Enforcement processes.
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Special Meeting Minutes, December 21, 2020
Page 12of19
Councilmember Peterson confirmed with City Manager Chi and Chief Assistant City Attorney Vigliotta
that the arbitrator's decision would be final , an appeal to City Council would no longer be a part of the
process, and stated his support for this item.
A motion was made by Kalmick, second Delgleize to adopt Resolution No. 2020-88 , 11A Resolution of
the City Council of the City of Huntington Beach Delegating Authority to a Hearing Officer to Determine
Appeals of the Finance Director Regarding Revocation or Suspension of a Business License . 11
The motion carried by the following vote :
AYES :
NOES:
Peterson, Delgleize , Ortiz, Carr, Moser, and Kalmick
Posey
16. 20-2099 Adopted Resolution No. 2020-89 modifying the pay schedule for part-time, non-
permanent and non-classified employees to comport with the State minimum
wage increase effective January 1, 2021
A motion was made by Posey, second Delgleize to adopt Resolution No . 2020-89, 11 A Resolution of the
City Council of the City of Huntington Beach Approving the Pay Schedule for Part-Time Non-Permanent
and Non-Classified Employees Effective January 1, 2021,11 including Exhibit A, updated Pay Schedule.
The motion carried by the following vote:
AYES : Peterson , Kalmick , Ortiz, Carr, Posey , Moser, and Delgleize
NOES: None
17. 20-2106 Adopted Resolution No. 2020-90 appointing the Design Review Board to also
serve as the Huntington Beach Building Appeals Board to hear and decide
appeals of orders, decisions, and determinations made by the Building Official
relative to the application and interpretation of Title 17 of the Huntington Beach
Municipal Code
A motion was made by Posey, second Delgleize to adopt Resolution No . 2020-90, 11A Resolution of the
City Council of the City of Huntington Beach Appointing the Design Review Board to Also Serve as the
Huntington Beach Building Appeals Board to Hear and Decide Appeals of Orders , Decisions, and
Determinations Made by the Building Official Relative to the Application and Interpretation of Title 17 of
the Huntington Beach Municipal Code. 11
The motion carried by the following vote :
AYES :
NOES :
Peterson, Kalmick, Ortiz, Carr, Posey, Moser, and Delgleize
None
18. 20-2076 Approved and authorized the execution of an agreement with the Municipal Water
District of Orange County (MWDOC) for sharing consultant costs for the
preparation of the 2020 Urban Water Management Plan (UWMP)
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Special Meeting Minutes, December 21, 2020
Page 13of19
A motion was made by Posey , second Delgleize to approve and authorize the Mayor and City Clerk to
execute "Agreement for Sharing Consultant Costs For 2020 Urban Water Management Plans" with the
Municipal Water District of Orange County.
The motion carried by the following vote :
AYES:
NOES:
19. 20-2095
Peterson , Kalmick, Ortiz , Carr, Posey, Moser, and Delgleize
None
Adopted Ordinance No. 4227 regarding consideration of joining the Orange
County Power Authority (OCPA), a Community Choice Energy (CCE) Joint Powers
Authority (JPA)
Approved for introduction December 10, 2020 -Vote 5-0-2 (Peterson, Ortiz absent)
Councilmember Peterson stated he cannot support creating a government entity that competes with the
private sector; even though the City Council does not set rates , the Joint Powers Authority (JPA) does
with no regulatory oversight; it should be an "opt in" vs "opt out" program for true "Community Choice
Energy" (CCE); made reference to the local Enron fiasco ; in his opinion this is a method to subsidize
green energy; the money saved is used by the CCE to support m icrogrids with in the community; and he
stated his opinion this is basically forced support for green energy, and if the JPA purpose was to save
money for the consumers, rather than invest in environmental justice, he could be a supporter.
Councilmember Posey stated that regulatory oversight will be provided by the competition ; the current
one-source provider offers no choice for the consumer; saving money is a probable outcome when a
consumer chooses an investor-owned utility; the opportunity to choose partially green , mostly green , or
all green will increase the demand for renewable energy; and he expects that 15-20 Orange County
cities will actually join the Orange County Power Authority (OCPA) JPA.
Councilmember Delgleize stated that there is no correlation between a JPA and Enron ; JPAs
throughout the State are work ing to meet the goal of Cal ifornia becoming carbon footprint free; and
announced that the City will be adding a Frequently Asked Questions (FAQ) feature to its website w ith
accurate information on th is topic.
Councilmember Peterson clarified that Enron's purpose was to buy and re-sell energy contracts . Mr.
Saleba, Executive Consultant, EES Consulting (via Zoom), confirmed that Enron did buy and re-sell
energy contracts, and ex plained that Enron was guilty of manipulating the markets, and creating the ir
own portfolio to enhance their shareholders , and added the CCE has no profit motive .
Mayor Carr cla rified that Councilmembers have this meeting , and the meeting on February 1, 2021 , to
make comments on th is item, even if they missed the Special Meeting on December 10th, and stated
that a Special Meeting was necessary to ensure Huntington Beach is represented on the JPA
Executive Board . Mayor Carr added she believes that joining the CCE ensures that Huntington Beach
is able to be competitive with surrounding cities for businesses that choose to be green. She also
supports an organization that will invest profits back into the community through job creation , and
reduced rates.
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Special Meeting Minutes, December 21, 2020
Page 14of19
A motion was made by Posey, second Delgleize to adopt Ordinance No . 4227, "An Ordinance of the
City Council of the City of Huntington Beach Authorizing the Implementation of a Community Choice
Aggregation Program."
The motion carried by the following vote :
AYES:
NOES:
Delgleize, Carr, Posey, Moser, and Kalmick
Peterson, and Ortiz
ADMINISTRATIVE ITEMS
20. 20-2090 Continued Temporary Closure of the Second Block of Main Street to Vehicular
Traffic through February 2021 ; Directed Staff to Implement Hybrid Model to Open
the Third Block of Main Street to Vehicular Traffic ASAP
City Manager Chi introduced Community Development Director Ursula Luna-Reynosa who presented a
PowerPoint communication entitled: Consider an Ex tension of the Temporary Closure of Main
Street with slides titled: Background, Wayfinding Concepts (5).
Councilmember Delgleize and Director Luna -Reynosa discussed the opportunity for outdoor dining is
not determined by the City , however local business owners have a need to know that if they invest in
outdoor dining necessities that the City will provide long -term support for when it is allowed .
Councilmember Delgleize and City Manager Chi discussed the additional Federal funds recently
approved for business support during the pandemic, and as details are made available by the U. S.
Treasury Department, the City will be getting the information out to local businesses.
Councilmember Posey proposed to amend this item to also provide restaurants an extra hour of
operation during the week and two additional hours on weekends. Councilmember Posey and City
Manager Chi discussed that keeping Main Street closed to vehicular traffic for an extended period
should not affect the route if it is possible to return to the traditional 4th of July Parade. City Manager
Chi confirmed that the Downtown Business Improvement District (DBID) has been encouraged to
extend the footprint for Surf City Nights to include Walnut and Olive Avenues as long as they have
informed affected businesses and addressed any concerns, and the current challenge is to find enough
vendors to populate the allowed space .
Councilmember Peterson feels most restaurants have already invested in outdoor dining necessities,
stated his objection to shutting down Main Street until Labor Day, and believes Third Block should be
opened up at the end of February to provide easier pick-up access for the affected restaurants .
Councilmember Peterson stated support for continued, regular Council review of the situation .
Councilmember Kalmick stated his support for Councilmember Peterson's opinion that Third Block
should be opened up at the end of February. Councilmember Kalmick and City Manager Chi discussed
some options for the Third Block to meet the needs of both service and retail businesses.
Councilmember Moser stated her support for Councilmembers Peterson and Kalmick's statements
regarding the opening of Third Block to vehicular traffic, and support for considering staffs suggestion
of a hybrid plan that also provides outdoor space for the businesses wanting to continue with that
option. Councilmember Moser and City Manager Chi discussed the possibility of restricted funding for
Council/PFA Regular Meeting,
Housing and Parking Authorities, and Successor Agency
Special Meeting Minutes, December 21, 2020
Page 15of19
use of Wayfinding projects to emphasize connectivity of the various business areas , and the need for
Council to address this in the nex t couple of months.
Mayor Pro Tern Ortiz stated his support for keeping Second Block closed to vehicular traffic, and
looking into the possibility of adding a street light and connecting Pasea with Downtown at Second
Street and Walnut Avenue.
Councilmember Delgleize and City Manager Chi discussed that opening the Third Block would probably
alleviate some of the delivery , dining and vehicular traffic in the alley between Ma in and Third Streets.
A motion was made by Peterson, second Ortiz to authorize the City Manager to continue street
closure of the Second Block to February 28; implement hybrid model ASAP that opens the Third
Block to traffic and allows outdoor dining; and, Council to consider next steps for the Second
Block at their February 15 regular meeting.
A substitute motion was made by Posey, second Delg leize to authorize the City Manager to continue
the temporary closure of the Second and Th ird Blocks of Main Street to vehicu la r traffic t o
accommodate outdoor dining and retail in the public right-of-way until September 6 , 2021 , as amended
to review hybrid model for the Third Block and possibly implement at the end of April; and,
extend hours of operation by one (1) hour until 11 PM Sunday through Thursday nights, and by
two (2) hours until 12 midnight Friday and Saturday nights.
The substitute motion failed by the following vote:
AYES :
NOES :
Delgleize, Posey, and Moser
Peterson, Ortiz , Carr, and Kalm ick
The original motion made by Peterson , seconded by Ortiz, ca rried by the following vo te :
AYES :
NOES :
Peterson , Ortiz, Carr, and Moser
Delgleize, Posey, and Kalmick
(Kalmick on reco rd as supporti ng opening the Third Block of Main Street)
ORDINANCES FOR INTRODUCTION
21. 20 -2054 Approved for Introduction Ordinance No. 4224 amending the Huntington Beach
Municipal Code by adding Chapter 5.120 (Short-Term Rentals)
Continued from November 16, 2020
City Manage r Chi introduced Director of Community Development Ursula Luna-Reynosa who explained
that Ordinance No. 4224 wou ld establish a set of regulations , standards and a perm itting process for
Short-Term Rentals (STRs) in Huntington Beach, provided a brief timel ine since January 2019 to reach
this po int, and City Council's previous direction for staff to prepare a high threshold regulation plan for
consideration . Deputy Direct or Jennifer Villasenor explained the current perm it process, wh ich
requires permit applications to be signed by the property owner w ith proof of ownership, would continue
for STR applicants.
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Special Meeting M inutes, December 21 , 2020
Page 16of19
Councilmember Kalmick and D irector Luna-Reynosa discussed that going forward it wou ld not be
possible for a property with a permitted Accessory Dwelling Un it (ADU) to be allowed to also obta in an
STR permit. Councilmember Kalmick also stated his interest in seeing "shall" substituted for "may" in
Section 5 .120.070 C.
Councilmember Kalmick proposed a straw motion to amend the action that would add reference to
ADUs and substituting "shall" for "may" in Section 5 .120.070 C.
Mayor Carr and Councilmember Kalmick confirmed w ith City Manager Chi that properties with new
ADUs w ill not be permitted for STRs.
Councilmember Posey requested a staff report on revenue and Code Enforcement data in one year, by
area , for both Sunset Beach (un -hosted STRs) and Huntington Beach (hosted STRs), for Council t o
evaluate whet her the program shou ld be ex panded .
A motion was made by Peterson, second Kalmick to, after City Clerk reads by title , approve for
introduction O rdinance No. 4224, "An Ordinance of the City Council of the City of Huntington Beach
Amending the Huntington Beach Municipal Code by Adding Chapter 5 .120 , Regulating Short-Term
Rentals" (Attachment 1 ), as amended to substitute the term "shall" for "may" in Section 5, 120.070
C.; and, direct staff to return to Council within one year to share operational data on short-term
rental operations.
The motion as amended carried by the following vote:
AYES :
NOES :
Peterson , Kalm ick, Ortiz , Ca rr, Posey, Moser, and Delgle ize
None
COUNCILMEMBER ITEMS
22. 20-211 O Item Submitted by Councilmember Posey WITHDRAWN -CoRsider approval of a
ResolutioR stipulatiRg the City CouRGil's support of loGal Go•1ernaRGe aRd
Authority related to MousiRg Issues
Councilmember Posey introduced this item by provid ing a brief historical review of Council actions
since 2018, which in his opinion have demonstrated reacting to Sacramento rather than resolving to
be proactive through good governance and compromise . He also stated he would like to strike Item 1
because this Item should start with the Intergovernmental Relations Committee (IRC), which he was
just appointed to by Mayor Carr this even ing.
Councilmembe r Pete rson stated his support fo r continuing to go through the IRC for housing issues
com ing from Sacramento.
Ch ief Assistant City Attorney Vig liotta suggested that if the Council wants to move forward w ith this
item , there should first be a vote on whether to set as ide the City Council resolution that adopted the
Council (Pol icy) Manual , e x plain ing the intended Councilmember Item process allows for introduction of
a request for action by t he City Manager, and returning to Council for an action vote at a future meeting .
Council/PFA Regular Meeting,
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Special Meeting Minutes, December 21, 2020
Page 17of19
Councilmember Posey amended the item to include setting aside the Council Manual , and adopting the
resolution tonight.
A motion was made by Carr that this proposed resolution should start with the Intergovernmental
Relations Committee (IRC), and if approved by the IRC it would then be reviewed by the City Attorney's
Office and then brought back to Council for discussion and a vote.
The motion failed due to lack of a second .
Council member Delgleize stated her support for Mayor Carr's motion and belief this would provide for a
stronger platform. In response, Councilmember Posey withdrew the item from consideration .
23. 20-2109 Item Submitted by Councilmember Posey WITHDRAWN -Consider Supporting
the Orange County Sheritrs Department in the Pending Appeal of Campbell Et. All
\'.Barnes
Councilmember Posey announced he was withdrawing this item since it was already voted on by
Council in Closed Session, and read an email he received from Sheriff Barnes' office on this issue.
24. 20-2107 Item Submitted by Councilmember Kalmick Approved -Beach Edinger Corridor
Specific Plan (BECSP) -Conditional Use Permit (CUP) Review Process for
Alcohol Permits
Councilmember Kalmick provided some history related to the Alcohol Conditional Use Permit (CUP)
process and stated his intent is to simplify the process and ensure the same process for retail markets.
Councilmembers Posey, Delgleize and Mayor Carr thanked Councilmember Kalmick for leveling the
playing field and streamlining a process for all businesses.
A motion was made by Kalmick, second Peterson to recommend that the City Council direct staff to
draft the necessary amendments to adjust Section 2.2.1 (1)(d) of the BECSP to lower the level of
review from the Planning Commission to the Zoning Administrator for all CUPs for alcohol service, and
that staff concurrently clarify the entitlement process for retail markets as it relates to alcohol sales
CUPs.
The motion carried by the following vote:
AYES:
NOES:
Peterson , Kalmick, Ortiz, Carr, Posey, Moser, and Delgleize
None
25. 20-2108 Item Submitted by Councilmember Kalmick Approved -Beach Edinger Corridor
and Bella Terra Specific Plans Review of prohibition on "Late Night Happy Hours"
Council member Kalmick described previous concerns and stated h is opinion it is now time to review
evidence to determine if this prohibition is still required.
Councilmembers Delgleize and Posey stated their support for this item, and described it as another
good example of Councilmember Kalmick's expertise based on his ten years of service on the Planning
Commission.
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Special Meeting Minutes, December 21, 2020
Page 18of19
Mayor Carr and Director Luna-Reynosa discussed some of the details related to the Conditional Use
Permit (CUP) application process related to alcohol permits.
Councilmember Posey and Director Luna-Reynosa discussed that the expanded business operating
hours considered earlier in this meeting for the Second and Third Blocks of Main Street would only
affect the Temporary Use Permits (TUPs). Director Luna-Reynosa explained that when the TUPs are
no longer needed, the business's original CUP conditions will be reinstated .
A motion was made by Kalmick, second Delgleize to recommend that the City Council direct staff to do
the following : conduct a full review of the prohibition on "late-night happy hours" in the BECSP and
Bella Terra Specific Plan areas. If that review finds no concerns , staff should move forward with
facilitating the removal of the prohibition on "late-night happy hours" for interested and impacted
restaurants within the BECSP and Bella Terra Specific Plan areas.
The motion carried by the following vote:
AYES:
NOES:
Peterson, Kalmick, Ortiz, Carr, Posey, Moser, and Delgleize
None
COUNCILMEMBER COMMENTS (Not Agendized)
Councilmember Moser described meeting with a 14-year-old surfer with spina bifida who explained to
her the difficulties that individuals with physical challenges have in accessing the beach, and stated her
interest in collaborating to increase beach accessibility for everyone . She also reported on the 7 p.m .
Jewels for the Homeless (Annual National Homeless Persons' Memorial Service) event at Christ
Cathedral on this, the longest night of the year, to recognize the 329 homeless men , women and
children who died this past year in Orange County. Councilmember Moser expressed her philosophical
nature and stated her support for coming together in 2021, as inspired by the appearance of the first
"Christmas Star" since 1226 with the alignment of Jupiter and Saturn , to start fresh and with intention.
Councilmember Peterson thanked everyone who participated in the Huntington Harbour Boat Parade
which was the largest in decades with 77 boats this year. He explained that because of COVID-19
there was no Philharmonic Cruise of Lights but a lot of donations were received so that the
Philharmonic can continue to support music programs in the local schools. Parade participants were
responsible , and there were no large crowds, but unfortunately Channel 3 did not provide live coverage.
Councilmember Peterson expressed his appreciation for being the Grand Marshall , and thanked
Parade Captain Calvin Free .
Mayor Carr thanked the Huntington Beach Council on Aging Board, Community Services and Library
staff members, volunteers from Edison High School, and Senior Center staff for the very successful
Holiday Drive-thru Express which safely served over 400 recipients .
Mayor Carr expressed condolences to the family of Brian Ragland, Utility Manager for the past ten
years, overseeing 87 employees in the water production, distribution, quality and waste water sections ,
and who earlier in the year had received the HB Mayor's Excellence Award for his integrity,
professionalism and dedication . Mayor Carr described Mr. Ragland as a gentle giant who always
focused on what was best for the residents .
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Special Meeting Minutes, December 21, 2020
Page 19of19
ADJOURNMENT -At 9:52 PM in honor and memory of City of Huntington Beach Utilities Manager,
Brian Ragland , to a Strategic Planning Session at 9 :00 AM on Tuesday, January 5, 2021 , at Huntington
Beach Central Library , Talbert Room , 7111 Talbert Avenue, Huntington Beach , California .
The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority
is Monday, January 19, 2021 , 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:
City Clerk-Secretary
City Clerk and ex-officio Clerk of the City Council
of the City of Huntington Beach and Secretary of
the Public Financing Authority, Housing and Parking
Authorities, and Successor Agency to the Former
Redevelopment Agency of the City of Huntington
Beach , California
Mayor-Chair