HomeMy WebLinkAbout2021-03-15Minutes
City Council/Public Financing Authority
City of Huntington Beach
Monday, March 15, 2021
4 :00 PM -via Zoom
6 :00 PM-via Zoom
Huntington Beach, California 92648
A video recording of the 4:00 PM and 6:00 PM portions of this meeting
is on file in the Office of the City Clerk, and archived at
www.surfcity-hb.org/government/agendas/
4:00 PM -VIRTUAL ZOOM MEETING
CALLED TO ORDER -4:02 PM
ROLL CALL
Present:
Absent:
Kalmick, Ortiz, Carr, Posey, Moser, and Delgleize
Peterson (excused)
Pursuant to Resolution 2001-54, Councilmember Peterson requested and was granted permission to be
absent from the Study Session portion of the meeting .
City Attorney Michael Gates requested and received permission to be absent pursuant to City Charter
Section 309(d)
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution)
Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced supplemental
communications received by her office following distribution of the Council Agenda packet.
Study Session
#1. (21-184) PowerPoint Presentation titled Joint Meeting of the City Council and Citizen Participation
Advisory Board to Review 2021-22 CDBG & HOME Funding Recommendations
submitted by Steve Holtz, Deputy Director of Community Development.
#2. (21-227) PowerPoint Presentation titled Major City F acility Upgrade Options -Public Private
Partnership Options submitted by Sean Crumby, Director of Public Works .
Closed Session
#3. (21 -244) Two (2) emails received regarding the proposed litigation of SCAG Assessment.
PUBLIC COMMENTS PERTAINING TO STUDY SESSION I CLOSED SESSION ITEMS
(3 Minute Time Limit) -None
STUDY SESSION
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March 15, 2021
Page 2of17
1. 21-184 Mid-Year Joint Meeting of the Citizen Participation Advisory Board (CPAB) and City
Council to review Community Development Block Grant (CDBG) Recommendations
2021-22-Staff and CPAB Committee
ROLL CALL -CITIZEN PARTICIPATION ADVISORY BOARD
Present: Mike Massie (Chair); Peter Andres (Vice-Chair); Gigi Jackson (Secretary); Parna Ghosh;
Macey Lachman
Absent: None
City Manager Oliver Chi introduced Director of Community Development Ursula Luna -Reynosa and
Economic Development Project Manager Robert Ram ire z who presented a PowerPoint communication
titled Review 2021-22 CDBG & HOME Funding Recommendations with slides entitled : Background,
Public Participation, CDBG Program Objectives, CDBG National Objectives, CDBG Local Priority
Objectives, CDBG A/locations, HOME Program Objectives, HOME Local Priority Objectives, HOME
A/locations, 2021-22 Available Funding, and Schedule . Board Chair Mike Massey presented CDBG
Public Services, CDBG Administration, CDBG Capital & Housing Preservation Projects, and Thank
You/Questions.
Councilmember Kalmick , Director Luna-Reynosa and Deputy Director Steve Holtz discussed the
correlation between CARE stimulus funds, CDBG funding , and the criteria used to determine the amount
of funding that is available.
Councilmember Delgleize , Deputy Director Holtz and Director Luna-Reynosa discussed the allocation for
Homeless services : which Councilmember Delgleize would like to see increased if poss ible.
Councilmember Posey stated his support for Stand Up for Kids because of the impact the program has in
reducing current and future social ills , and stated his preference for funding spread among many service
providers.
Councilmember Moser and Deputy Director Holtz discussed the process of sharing program details with
the public, and the organ ization application and review process . Deputy Director Holtz explained how
adding new programs could potentially reduce funds considered for current programs . Board Chair
Massie stated how public service organizations represent the greatest number of applicants , but receive
the lowest amount of available funding . Councilmember Moser stated she would find it beneficial for
future reports to show current and immediate past year program amounts .
Mayor Carr stated she also would like to see the year-over-year comparison in the report as well as
increased support for Stand Up for Kids, if possible . She expressed appreciation for the Board's
decisions, and thanked the members for their service .
2. 21-227 City Facility Capital Project Update
City Manager Chi introduced Director of Public Works Sean Crumby who presented a PowerPoint
communication entitled Public Private Partnership Program Options with slides titled : Overview of
Ex isting City Facilities, Managing and Maintaining Our City Facilities, City Current Has Several Major
Facility Needs, City Hall Facility Overview (3), Police Station Facility Overview (2), Lake Fire Station
Facility Overview (2), Public Works Corporate Yard Facility Overview (2), Lifeguard HQ Facility Overview
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March 15, 2021
Page 3of17
(2), Major Facility Rehabilitation Cost Estimates, Project Funding Options, DBFOM Project Model -Long
Beach Case Study, DBFOM Project Model Assessment, Viability -DBFOM Project Model Feasible in HB
Given Existing Assets, DBFOM Process Next Steps, and Questions?
Councilmember Delgleize and Director Crumby discussed details regarding the Long Beach experience
to clarify options and the process, including important community outreach.
Councilmember Kalmick , City Manager Chi and Director Crumby discussed concerns related to selling
City property and other considerations such as long -term land leases, as well as negotiating many
options through the process guided by experts hired to represent the City.
Councilmember Posey and Director Crumby discussed that this process could free up Capital
Improvement Program (CIP) dollars depending on negotiations , and described this opportunity as trading
land for development opportunities, and whether any potential sites could trigger a Measure C vote.
Mayor Pro Tern Ortiz and Director Crumby discussed that the plan will most likely involve one developer
rather than multiple developers for the multiple sites, and the selected developer would become the
expert partner to help identify assets, bring financing to the table , streamline the construction in a faster
and more cost-effective manner, and develop the priority for projects while the City continues to provide
services. Director Crumbly explained that Fire response times would be part of the analysis to determine
whether or not it is feasible to move a fire station .
Mayor Carr stated there are many details to be considered, and she looks forward to more discussions.
With no objections there was Council consensus for staff to move ahead with this item and provide a
follow-up report in early Fall.
RECESSED TO CLOSED SESSION-5:16 PM
Motion by Posey, second Delgleize , to recess to Closed Session Item No . 3. With no objections, the
motion passed.
CLOSED SESSION
3. 21-244 CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION. Initiation of
Litigation Pursuant to Paragraph (4) of Subdivision (d) of Section 54956 .9 (Deciding
Whether to Initiate Litigation): Number of cases, one (1) -File lawsuit re Appeal of
Southern California Association of Governments (SCAG) Final Regional Housing
Needs Assessment (RHNA) Methodology for the Sixth Housing Element Cycle.
6:00 PM -VIRTUAL ZOOM MEETING
RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING -6:01 PM
ROLL CALL
Present:
Absent:
Peterson, Kalmick, Ortiz, Carr, Posey, Moser, and Delgleize
None
Council/PFA Regular Minutes
March 15, 2021
Page 4of17
City Attorney Michael Gates requested and received permission to be absent pursuant to City
Charter Section 309(d)
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.
4. 21-119 Charlie Niederman of Temple Beth David in Westminster and member of the Greater
Huntington Beach Interfaith Council
CLOSED SESSION REPORT BY CITY ATTORNEY -None
AWARDS AND PRESENTATIONS
5. 21 -176 Mayor Carr presented the Making A Difference award to Tayna Hoxsie of the Boys
and Girls Club of Huntington Valley
Mayor Carr described Tayna Hoxsie as an exceptional individual who has been making positive changes
as a leader in Fountain Valley and Huntington Beach since 1979. Today she is the CEO of the Boys and
Girls Club of Huntington Valley. Tayna has always focused on serving the needs of children and their
families , and was instrumental in establishing the Learning Center Child Development Preschool, the
Clubhouse Academy, and the Kingston Technology Family Campus at Golden West College that
includes a preschool, gymnasium and a Boys and Girls Club branch. Tayna teaches non-profit
management at Cal State Long Beach , serves on the Orange Coast Memorial Medical Center's Grants
Committee, United Way Task Force, and Rotary Club, among other organizations.
Tayna expressed her appreciation for receiving this acknowledgement. Councilmember Delgleize
congratulated Tayna and thanked her for being a role model.
6. 21-200 Orange County Human Relations 2020 Annual Report presented by Minzah Malik
Minzah Malik, Orange County Human Relations Council Board Member, described the Council's belief
that all people have the right to live free of discrimination and violence, and their focus on ways to create
safe and respectful communities. Ms. Malik reported that 2020 has seen a dramatic increase in incidents
of hate and crimes against people, and described the Council's efforts to facilitate conversations, deliver
presentations about Orange County's Civil Rights history, and provide training on implicit bias, diversity,
equity and inclusion for corporate and non-profit organizations, schools and communities. Ms . Malik
described a number of the specific interactions the Council had this past year in Huntington Beach, and
reported that working together provides a safe and respectful community .
7. 21 -201 Mayor Carr presented the Mayor's HB Excellence Award to Laura Jenkins, Library
Services Clerk
Laura Jenkins has worked as Library Clerk in the Children's Department for the last four and a half years ,
where she provides Ms . Laura's Story Time that encourages early learning and literacy. Director of
Library and Community Services Chris Slama shared that in addition to her popular Story Time, she
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March 15, 2021
Page 5of17
shines in planning and producing children's programming and pivoted to effective on-line programming
this past year. Laura and her team have also created the very successful Make and Take Activity Bags
for various age groups . She received her Master's Degree in Library and Information Sciences degree in
Spring of 2020, and was recently promoted to Children's Librarian.
Laura expressed her appreciation for the opportunity to assist with providing early learning and literacy
opportunities for preschoolers and their families.
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution)
Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced supplemental
communications received by her office following distribution of the Council Agenda packet:
City Manager's Report
#8. (21-225) PowerPoint commun ication titled HB's Mobile Crisis Response Program Overview -
C.A.R.E. -Crisis Assessment Response Effort submitted by Oliver Chi , City Manager.
Consent Calendar
#14. (21-202) Email communication received from Gino Bruno regarding the proposed contract with
Public Sector Personnel Consultants, Inc. to conduct a class and comp study.
Administrative Items
#16. (21-219) PowerPoint communication titled 2021 Fourth of July Celebration Proposal submitted by
Chris Slama, Director of Community and Library Services.
#18. (21-228) PowerPoint communication titled Amendment No .1 to Professional Services Contract
Between the City of Huntington Beach and Kimley-Horn and Associates, Inc. for
Preparation of the 2021-2029 General Plan Housing Element Update" submitted by
Nicolle Aube , Associate Planner.
Ordinances for Adoption
#19. (21-241) Four (4) emails received regarding the proposed adoption of Emergency and Interim
Ordinance No. 4229 regarding establishing limitations on third-party food delivery fees.
Council Member Items
#20 (21 -243) Letter from multiple business owners regarding the proposed recommendation to analyze
and assess zoning and parking requirements received from Duke Dufresne.
PUBLIC COMMENTS (3-Minute Time Limit) -8 Speakers via Zoom
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/governmentlagendas.
Chad Kroeger was invited to speak and shared the continued bullying that he and T J are experiencing at
the Vans Off the Wall Skate Park and again asked for some support from Mayor Pro Tern Ortiz. Mayor
Carr explained that Councilmembers are not allowed to interact with speakers during Public Comments.
(01:41 :27)
Caller #460, Finance Commissioner Casey McKeon, was invited to speak and shared the Commission's
concerns regarding the Orange County Power Authority (OCPA) contract for the Community Choice
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March 15, 2021
Page 6of17
Energy program , and encouraged the Council to amend specific sections of the contract before the April
1 deadline, as outlined in a letter previously sent to Council. (01 :43:25)
Amory Hanson , a Candidate for City Council in 2022 and member of the Huntington Beach H istoric
Resources Board , was invited to speak and stated his support for Ordinances for Adoption , Item 19 (21 -
241) regarding establishing limits on third -party food delivery fees . (01 :46 :34)
Mark Sheldon, a 30+ year resident of Huntington Beach and former member of the Environmental Board ,
was invited to speak and stated hi s opposition to Councilmember Item No. 21 (21 -242) regarding the
elimination of two staff level committees . (01 :47:29)
Austin Edsell, a resident of Huntington Beach , was invited to speak and stated his opposition to
participating in the Orange County Power Authority (OCPA) Community Choice Energy program
because in his opinion , the risks outweigh potential benefits, but if the Council decides to participate , he
stated h is support for the concerns and comments made by Finance Commissioner McKean. (01 :50 :47)
Chad Horrell , Government Relations, DoorDash Food Delivery , was called to speak and stated
opposition to Ordinance s for Adoption Item 19 (21-241) regard ing establishing limitations on third-party
food delivery fees . (01 :52 :02)
Caller #283, Founder of Parents Rights, was c alled to speak and shared an editorial letter he recently
wrote t o the 0 . C. Bree ze related to mental and emotional stress related to inadequate park acreage and
opportunity for outdoor activities . (0 1 :55:01 )
Caller #927 was called to speak, but unfortunately was using an old version of Zoom and a speaking
connection was not possible . (01 :58 :2 0)
Calle r #523, Er ic Silkenson , a Candidate for City Council in 2020, was invited to speak and state d his
support for Ordinanc es for Adoption Ite m 19 (2 1-241) regarding Est ablishing Lim itations on Third-Party
Food Deli very Fees , support for Finance Commissioner McKeon's comments regarding the Orange
County Power Authority (OCPA) contract for the Community Choice Energy program , s upport for the
changes implemented for Downtown Main Street businesses during this challenging t ime, and
encouraged Mayor Pro Tern Ortiz to focus h is social media efforts on the benefits of Huntington Beach .
(0 1 :5 8:49)
COUNCIL COMMITTEE -APPOINTMENTS -LIAISON REPORTS, AB 1234 REPORTING, AND
OPENNESS IN NEGOTIATIONS DISCLOSURES
Councilmember Posey reported attend ing meetings of the Orange County Parks Commission , Vector
Control , and Orang e County Powe r Authority; and , announced that he was appointed to the Nominations
Committee for Southern California Association of Government (SCAG) to provide a slate of potential
officers .
Councilmember Mo ser reporte d attending meetings of th e Huntington Beach Human Relat ions Task
Force , Youth Board , and Finance Commiss ion .
Council member Kalmi ck reporte d attending meetings of the Southern California Association of
Governments (SCAG) Joint Poli cy Committee , Orange County Power Authority (OCPA), Orange County
San itation Administrative Committee, and Smart Ci t y Ad Hoc Committee .
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March 15, 2021
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Councilmember Delgleize reported attending meetings of the Orange County Transportation Authority
(OCTA} Board, Smart City Ad Hoc Committee, and Association of California Cities -Orange County
(ACC-OC).
Mayor Carr reported attending meetings of the Human Relations Task Force, Huntington Beach Council
on Aging, Orange County Sanitation Legislative and Public Affairs Committee, National Water Research
Institute, Economic Development Committee, and the Downtown Business Improvement District (BID).
CITY MANAGER'S REPORT
8. 21 -225 Mobile Crisis Response Unit Update
City Manager Chi was joined by Interim Police Chief Julian Harvey to present a PowerPoint
communication entitled C .A.R.E. -Crisis Assessment Response Effort with slides titled : The Problem,
The Impact, The Frustration, The Result, OK, So What To Do, The Potential Solution, Benefits to
C .A.R.E. Approach, C .A.R.E. Program Currently Under Development, Models Similar to C .A.R.E.
Demonstrate Proof Of Concept, Next Steps, and Questions.
Councilmember Posey, City Manager Chi and Interim Police Chief Harvey discussed opportunities for
decreasing the improper use of Emergency Room resources for issues like non-emergency attention to
wound care and mental health issues , and confirmed that "Wound Walk" is an important component of
the program.
Councilmember Kalmick stated his support for the plan to collaborate with other cities, and discussed
with Interim Police Chief Harvey some statistics from the successful CAHOOTS (Crisis Assistance Helping
Out On The Streets) model being used in Eugene, Oregon since 1989. In summary, developing a
C.A.R.E . program is expected to provide qualified and appropriate resources to people in need
throughout the community so that police officers can focus on their responsibilities .
Councilmember Delgleize shared some statistics regarding the number of people with mental health
issues and stated her support for the benefits this program can provide.
Councilmember Moser stated her support for this integrated healthcare model and all the benefits this
approach will provide.
Mayor Carr stated her excitement at moving forward with a regional approach and thanked City Manager
Chi and Interim Police Chief Harvey for the excellent report.
CONSENT CALENDAR
Mayor Carr pulled Item #13 and Council member Posey pulled Item #10 for further discussion.
9. 21-195 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 March 1, 2021, as written and on file in the office of the City
Clerk.
Council/PFA Regular Minutes
March 15, 2021
Page 8of17
The motion carried by the following vote:
AYES:
NOES :
10. 21-218
Peterson, Kalmick, Ortiz, Carr, Posey, Moser, and Delgleize
None
Approved appointments to the Human Relations Task Force (HRTF) as
recommended by City Council Liaisons Mayor Carr and Councilmember Moser
Councilmember Posey stated for the record that it is customary practice for City Council Liaisons to
make recommendations for committees and comm issions and he expressed his full support for the
appointment of Chris Hoff and Debbi Parrott.
A motion was made by Posey, second Delgleize to approve the appointment of Debbi Parrott as a
member of the Human Relations Task Force through December 31, 2023, the end of term for the current
vacancy; and, approve the appointment of Chris Hoff as a member of the Human Relations Task Force
through December 31, 2021 , the end of term for the current vacancy .
The motion carried by the following vote :
AYES:
NOES:
11. 21-191
Peterson , Kalmick, Ortiz, Carr, Posey , Moser, and Delgleize
None
Adopted Resolution No. 2021-14 ordering the Summary Vacation of an Easement
over a portion of Third Street in the City of Huntington Beach; and, authorized
recordation with the Orange County Recorder
A motion was made by Posey, second Delgleize to adopt Resolution No . 2021-14, "A Resolution of the
City Council of the City of Huntington Beach Ordering the Summary Vacation of an Easement Over a
Portion of Third Street in the City of Huntington Beach;" (Attachment 2) and, instruct the City Clerk to
record Resolution No. 2021-14 and the respective, attached exhibits with the Orange County Recorder.
The motion carried by the following vote:
AYES :
NOES:
12. 21-194
Peterson , Kalmick, Ortiz , Carr, Posey , Moser, and Delgleize
None
Accepted the lowest responsive and responsible bid and authorized execution of a
construction contract with All American Asphalt in the amount of $2,614,115 for the
Residential Overlay of Maintenance Zone 3, CC-1618
A motion was made by Posey, second Delgleize to accept the lowest responsive and responsible bid
submitted by All American Asphalt in the amount of $2,614 , 115; and , authorize the Mayor and City Clerk
to execute a construction contract in a form approved by the City Attorney.
The motion carried by the following vote :
AYES :
NOES:
Peterson, Kalmick, Ortiz, Carr, Posey, Moser, and Delgleize
None
Council/PFA Regular Minutes
March 15, 2021
Page 9of17
13. 21-220 Approved and authorized execution of the First Amended and Restated
Memorandum of Understanding (MOU) between the City of Huntington Beach and
the Friends of the Huntington Beach City Junior Guards (FJG)
Mayor Carr pulled this item to request that the City cover uniform costs one more year due to the
pandemic, and suggested looking for a potential uniform sponsor moving head.
A motion was made by Carr, second Delgleize to approve and authorize the Mayor and City Clerk to
execute the "First Amended and Restated Memorandum of Understanding Between the City of
Huntington Beach and the Friends of the Huntington Beach City Junior Guards," as amended-City to
absorb uniform costs for the current year (2021).
The motion carried by the following vote :
A YES : Peterson , Kalmick, Ortiz, Carr, Posey, Moser, and Delgleize
NOES: None
14. 21-202 Approved and authorized execution of an Agreement with Public Sector Personnel
Consultants, Inc. (PSPC) to conduct a Citywide Classification and Compensation
Study .
A motion was made by Posey, second Delgleize to approve and authorize the Mayor and City Clerk to
execute "Professional Services Contract Between the City of Huntington Beach and Public Sector
Personnel Consultants , Inc. for a City-Wide Classification and Compensation Study" in the amount of
$175 ,000.
The motion carried by the following vote:
A YES: Peterson , Kalmick, Ortiz, Carr, Posey, Moser, and Delgleize
NOES: None
15. 21-237 Approved a Professional Services Contract with Carl Warren & Company for
Liability Claims Administration Services
A motion was made by Posey, second Delgleize to approve and authorize the Mayor and City Clerk to
execute the agreement, "Professional Services Contract Between the City of Huntington Beach and Carl
Warren & Company Liability Claim Investigation and Processing," in the amount of $309 ,000 for three (3)
years , and delegate authority to the City Manager to execute any extensions thereto.
The motion carried by the following vote:
AYES :
NOES :
Peterson , Kalmick, Ortiz, Carr, Posey, Moser, and Delgleize
None
ADMINISTRATIVE ITEMS
16. 21-219 Approved a recommended Action Plan and authorized execution of Amendment No.
1 to the Contract between the City of Huntington Beach and Soundskilz, Inc., for the
2021 4th of July Celebration in light of the ongoing COVID-19 pandemic
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March 15, 2021
Page 10of17
City Manager Chi introduced Director of Community and Library Services, Chris Slama who jointly with
Community Services Manager Chris Cole, presented a PowerPoint communication entitled 2021 4th of
July Celebration Proposal with slides titled : 4th of July Tradition, COV/0-19 Impact on 4th of July
Celebration, Proposed 2021 4th of July Celebration, Neighborhood Parade, Pier Plaza Festival, Home
Decorating Contest, Modified SK Run, Fireworks Show Over HB Pier, Soundskilz Contract Amendment
to Facilitate 2021 4th of July Events, Recommended Action, and Questions .
Councilmember Posey stated he is getting a mixed message because the plan does not include the
traditional parade, but there are plans for crowd activities like a Pier Plaza festival and fireworks at the
Pier. City Manager Chi stated that at the moment event planners , Visit HB and the hotels are hopeful
that some of the pandemic restrictions will be lifted by July 4, but most likely not all of them , so the plan
has to be fluid. Councilmember Posey and staff discussed possible parking options, and the fact that
beaches may, or may not, be closed at that time.
Councilmember Peterson, as a Council Liaison for the Fourth of July Executive Board, described the
difficulties in trying to scale back while not knowing what specific safety measures will be in place,
considering that the typical parade route produces the biggest crowd especially when compared to the
space available for the fireworks crowd . He added that the Board and Soundskilz are working diligently
to find sponsors and provide a safe event.
Mayor Carr asked if there is an opportunity to add activities if health and safety restrictions are lifted , and
Councilmember Peterson replied to the best of his knowledge it is in the plan to include the 5th Street
Block Party if safety guidelines allow.
Councilmember Posey and Director Slama discussed financial considerations and potential sources of
revenue . Steve Clayton, Founder and President of Soundskilz, described how guideline uncertainties for
public gatherings influence commitments from potential sponsors , and the importance of devising a
realistic plan that will deliver anticipated results . Council member Posey clarified for the record that
parking fees collected are to only be used to offset public safety costs .
Mayor Pro Tern Ortiz offered to assist Mr. Clayton with efforts to recruit sponsors.
A motion was made by Peterson , second Ortiz to direct staff to proceed with a modified version of the
traditional 4th of July Celebration, as approved by the Fourth of July Executive Board, to include a
neighborhood parade , home decorating contest, Pier Plaza Festival , modified SK run, and fireworks
show; and , approve and authorize the Mayor and City Clerk to execute "Amendment No. 1 to
Professional Services Contract Between the City of Huntington Beach and Soundskilz, Inc. for the
Production and Management of the Annual Fourth of July Celebration ."
The motion carried by the following vote :
AYES :
NOES:
17. 21-221
Peterson, Kalmick, Ortiz, Carr, Posey, Moser, and Delgleize
None
Approved Establishment of a City Council Ad-Hoc Committee to Perform a Formal
Review of the City's Current Boards, Commission, and Committee Structure
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March 15, 2021
Page 11of17
City Manager Chi briefly introduced this item by describing the Council's request for an assessment in
2019, a process that was derailed due to COVID-19, and stated it is now time to move forward . There
are currently over 40 different City-initiated Boards and Commissions, and this effort will be to assess
where there may be overlapping duties and responsibilities .
Councilmember Kalmick stated his interest in cutting red tape, but also providing opportunity for citizen
participation in the decision-making process. He added that he would like to include for review all of the
State and County organizations that Councilmembers participate in, while also keeping in mind that staff
is involved in all City Board and Commission meetings . Councilmember Kalmick expressed his interest
in being on this Ad-Hoc committee.
Council member Posey provided some basic costs for staff time to support all of the Boards and
Commissions, and described the need for transparency and citizen involvement, as reasons to approve
this Ad-Hoc Committee.
Councilmember Moser stated her agreement with the comments made by Councilmembers Posey and
Kalmick. She further stated that in addition to the staff costs , there is benefit to the City from the services
that community members provide through their volunteer participation .
Council member Delgleize stated her support for this item , and agreement with Council member Kalmick's
comments .
Mayor Carr acknowledged the list of Boards and Commissions presented is not complete , and there are
task forces and committees that may have served their purpose and are no longer needed. She
described her support for this effort is not to decrease the number of people involved but rather
decreasing the number of committees to eliminate overlapping responsibilities .
Councilmember Posey stated for the record that the purpose of the Ad Hoc Committee is to review
purpose , objectives, and goals to determine the best way to deliver for the taxpayers .
A motion was made by Kalmick, second Posey to establish a 3-member City Council Ad-Hoc Committee,
comprised of the Mayor and two (2) Council Members, to perform an assessment of the City's overall
board , commission, and committee structure.
The motion carried by the following vote:
AYES :
NOES:
18. 21-228
Peterson, Kalmick, Ortiz , Carr, Posey, Moser, and Delgleize
None
Approved and authorized execution of Contract Amendment No. 1 with Kimley-
Horn, Inc. for preparation of the 6th Cycle Housing Element in an amount not to
exceed $52,900 for Public Outreach
City Manager Chi introduced Associate Planner Nicolle Aube who presented a PowerPoint
communication entitled Kimley-Horn Contract Amendment No. 1, with slides titled : Existing Contract -
Public Outreach, Proposed Contract Amendment No. 1: Options for Expanded Public Outreach, Online
Community Survey, Geographic Area Specific Meetings, Subject Group Meetings, Targeted Focus
Group Meetings, Informational Fact Sheets, and Informational Video Segments .
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March 15, 2021
Page 12of17
Councilmember Posey stated how important community outreach is and asked for clarification as to why
th is was not included in the original contract and is being added as an amendment. Community
Development Di rector Luna-Reynosa e x plained that at the time the original contract was presented to
Council , it was e xp lained that public outreach is a contingency component that can increase as a project
proceeds .
Councilmember Kalmick requested that the minority communities be included in outreach efforts by
providing information in the Spanish and Vietnamese languages. Kimley-Horn Consultant Nick Chen
confirmed that the planned meetings and information materials would be provided in English and
Spanish , and they can also provide for the Vietnamese community as well if staff determines that is
necessary.
Councilmembers Delgleize and Moser stated support for do ing what it takes to keep the community
informed, especi ally for this challenging project.
Mayor Carr stated her support for this item and re iterated t hat it is critical to reach into each area of the
City so all of the d iverse voices are heard.
A motion was made by Kalmick , second Posey to approve and authorize the Mayor and C ity Clerk to
execute "Amendment No .1 to Professional Services Contract between the City of Huntington Beach and
Kimley-Horn, Inc. for the 6th Cycle Housing Element Update."
The motion carried by the following vote :
AYES :
NOES:
Peterson, Kalmick, Ortiz , Carr, Posey, Moser, and Delgleize
None
ORDINANCES FOR ADOPTION
19. 21 -241 Failed to Adopt Emergency and Interim Ordinance No. 4229, Establishing
Limitations on Third-Party Food Delivery Fees
Five Affirmative Votes are required to adopt per Charter Section 501
City Manager Chi introduced Assistant City Manager Travis Hopkins who provided background on this
item as originally proposed by Councilmember Moser, and e xpla ined that proposed Ordinance No. 4229
limits delivery fees to no more than 15 percent (15%) of the purchase price ; any other fees limited to no
more than five percent (5%) of an on line food order; the retail food establishment sets t he price for online
orders ; and , all tips and gratuities paid by the customer would go the delivery person . Additional
stipulati ons require the delivery service to provide a deta iled invoice itemizing each cost component, and
enforcement could result in a misdemeanor or infract ion , at the discretion of the C ity Attorney, who may
br ing civil action for enforcement. Assistant City Manager Hopkins rem inded everyone that per Charter
Section 501 , five affirmative votes are requ ired for approval and an Emergency and Interim Ordinance
automatically e xpires in 120 days.
Counci lmember Posey and Assist ant Chief City Attorney V igliotta discussed enforcement mechanisms
based on what other cities are doing such as involving Code Enforcement , or fil ing injunctive action
asking the court for a temporary restraining order.
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March 15, 2021
Page 13of17
Councilmember Moser clarified that enforcement is on the third-party delivery company, not against any
of the local businesses. She further explained that currently it appears that third-party delivery
companies are aware of and following city ordinances to control costs for residents. Councilmember
Moser stated her opinion that this temporary ordinance, coupled with micro grants and Federal aid will
help local restaurant businesses. She further described this effort as a temporary solution to an
emergency.
Councilmember Delgleize and City Manager Chi discussed that an industry organization does not have
the authority to implement the regulations being presented. Councilmember Delgleize stated her
hesitancy to support any city dictating how a business should operate.
Councilmember Ortiz stated he can understand the effort to curtail costs for residents, but does not feel
comfortable doing that at the expense of other businesses.
Councilmember Kalmick shared his discussion with DoorDash representatives, and confirmed with City
Manager Chi that the proposed ordinance does not prevent a food business from opting in for
DoorDash's Premium Service . He further shared his opinion that this ordinance may make it possible for
the City's small businesses to hang on until the pandemic is gone.
Councilmember Peterson stated his opposition to this item, and his opinion it is not appropriate for
government to interfere with business contracts. He is not aware of any restaurant that is closing down
because of the delivery service charges. Councilmember Peterson noted that the delivery service
businesses hire many people , and he will never support policies that restrict any business.
Councilmember Posey stated that he believes the best way to support local restaurants and maximize
their income is to call in your order, pick it up yourself, and tip more than normal. He also shared his
opinion that this proposed ordinance could just drive the third-party delivery businesses to other cities
that do not have these restrictions. Councilmember Posey stated he cannot support any policy , whether
of a short-term emergency situation or not, where government modifies business contracts or sets prices .
Counci lmember Moser thanked Council for their research , and stated that from what she has read,
driver's wages would not be impacted by the ordinance . In addition, she provided her opinion that the
ordinance if adopted would not drive delivery businesses to other cities .
Councilmember Kalmick expressed his opinion this ordinance is a means to benefit the residents during
the remainder of the pandemic and he fully supports this item while respectfully disagreeing with
Councilmember Posey .
Councilmember Delgleize thanked Councilmembers Moser and Kalmick for their passionate presentation
on behalf of this item , and stated she still cannot support any city dictating how a business should
operate.
Mayor Carr stated her support for this item because any effort to temporarily benefit local food service
operations is critical at this point.
A motion was made by Moser, second Kalmick to adopt Ordinance No . 4229, "An Emergency and
Interim Ordinance of the City of Huntington Beach Establishing Limitations on Third-Party Food Delivery
Fees ."
The motion failed by the following vote :
AYES: Carr, Moser, and Kalmick
NOES: Peterson, Delgleize, Ortiz, and Posey
COUNCILMEMBER ITEMS
Council/PFA Regular Minutes
March 15, 2021
Page 14of17
20. 21-243 Item Submitted by Mayor Carr Approved -Direct staff to analyze and assess Zoning
Code and Parking Requirement adjustments to facilitate ongoing Outdoor Dining
and Retail Operations after the pandemic
Mayor Carr introduced the item by explaining the request came from businesses in the community,
especially the small businesses on private property, which would like to continue offering outdoor dining
after the pandemic. She stated it is time to revisit parking ratios, especially now that more people are
using Uber and Lyft for transportation , to determine if outdoor dining can continue on a more permanent
basis .
Councilmember Delgleize stated her support for this item .
Councilmember Posey stated his enthusiastic support for this item, and that he is not aware of anyone
complaining about not enough parking during this time of expanded outdoor dining .
Mayor Pro Tern Ortiz stated his support for this item , as he believes more people are choosing to eat out
and leave the driving to Uber or Lyft, which can decrease the amount of parking space an establishment
needs .
Councilmember Peterson suggested in some situations the use of a Conditional Use Permit (CUP) for a
specific address might be appropriate because if that business moves out the parking requirements may
revert for a different business moving in .
Community Development Director Ursula Luna-Reynosa stated that if the action is approved, staff will be
looking at aesthetics, safety, design guidelines, and flexibility . She added that parking policies guided by
a bus iness's needs are important.
Councilmember Kalmick stated he would like to see parking requirements possibly tied to time of use ,
implementation of some shared use options , and consideration of valet parking and Conditional Use
Permits in some circumstances. Councilmember Kalmick confirmed with Mayor Carr that the focus of
this effort is related to expansion of outdoor dining and retail services on private property.
A motion was made by Carr, second Delgleize to recommend that the City Council direct staff to analyze
and develop options for updating the City's zon ing code and parking standards to allow for a permanent
e xpansion of outdoor dining and retail services on private property.
The motion carried by the following vote:
AYES :
NOES :
Peterson , Kalmick, Ortiz, Carr, Posey , Moser, and Delgleize
None
Council/PFA Regular Minutes
March 15, 2021
Page 15of17
21. 21-242 Item Submitted by Councilmember Kalmick Approved -Elimination of two staff
level committees -Environmental Assessment Committee (EAC) and Subdivision
Committee
Councilmember Kalmick explained his opinion that the Subdivision Committee, which consists of staff
and Planning Commissioners, was functional when created, but at this point, it just creates additional
hurdles that increase project costs. He stated his intention is to ask staff to eliminate the Committee and
change necessary code and policy.
Councilmember Kalmick described the Environmental Assessment Committee (EAC) as three staff
members, including the City Attorney, holding a public meeting to discuss a position they have taken. He
explained his opinion that the Brown "Open Meetings" Act does not apply to the EAC because it is
composed of staff members, and they should just file a Notice of Action . He added that no one could say
anything at an EAC meeting that would change a project outcome.
Councilmember Delgleize stated her support for the item because the issues discussed by these
Committees are public and transparent with other options available in the process for the public to
address any concerns.
Councilmember Posey stated his support for this item and shared his opinion this action dovetails with
approved Consent Calendar Item No. 17 (21-221) regarding establishing an Ad-Hoc Committee to
perform a formal review of the City's current Boards, Commission, and Committee structure.
Councilmember Posey confirmed with Councilmember Kalmick that they are not aware of either of these
Committee decisions ever being overturned .
Mayor Carr, Councilmember Kalmick and Chief Assistant City Attorney Vigliotta discussed the fact that
they do not ever recall any members of the public attending any of these Committee meetings. Director
Luna-Reynosa explained that for the Subdivision Committee, the action is a tentative tract map that goes
before the Planning Commission with a Notice of Public Hearing for public input. The Planning
Commission's recommendation goes before the City Council with another opportunity for public
comment. She further stated that the EAC process follows the same path with several other
opportunities for public input, and explained that most other cities do not have comparable committees.
Councilmember Mosey stated her opinion that these committees appear to be redundant and therefore
she supports the item .
Councilmember Kalmick and Director Luna-Reynosa discussed the multiple opportunities the public has
to be involved in these processes , and confirmed that Environmental Impact Reports , Negative, and
Mitigated Declarations are disclosure documents which include public participation.
A motion was made by Kalmick, second Delgleize to recommend that the City Council direct staff to
prepare the ordinances and/or resolutions necessary to comply with relevant State law to eliminate both
the EAC and the Subdivision Committee and to roll those existing functions into the appropriate review
body.
The motion carried by the following vote:
AYES:
NOES:
Peterson , Kalmick , Ortiz, Carr, Posey, Moser, and Delgleize
None
COUNCILMEMBER COMMENTS (Not Agendized)
Council/PFA Regular Minutes
March 15, 2021
Page 16of17
Mayor Pro Tern Ortiz responded to public speakers Chad and T J who requested assistance regarding
repeated bullying incidents at Vans Off The Wall Skatepark by asking them to email him with the date
and time of their next visit to the Skatepark. He also described his willingness to function as a mediator
and help the parties involved to cooperate so everyone can enjoy the facility.
Councilmember Posey stated his interest in joining Mayor Pro Tern Ortiz at the Skatepark meeting , and
also encouraged his fellow Councilmembers and the public to visit any Wound Walk event, and
applauded the work they are doing .
Councilmember Moser reported on the trauma-informed care that is provided by Wound Walk under the
leadership of Michael Sean Wright, and the many volunteers who recently joined with Huntington Beach
Pol ice and Fire Departments to build trust with the City's homeless population . She also reported
meeting with United to End Homelessness, Interim Police Chief Harvey regarding enforcement efforts in
and around Harriett Weider Park, and Jason Austin with the County to develop a collaborative effort to
address homelessness . She participated in Children Read Across America by reading to Mrs . Grey's
Third Grade and Mrs. Hepburn's Fourth Grade Gifted and Talented Education (GATE) classes, and
thanked Huntington Beach Library staff for their support; met over Zoom with a nine year old student
from Mrs. Grey's Third Grade class who was seeking advice on how to address her concerns about
Mylar balloons ; volunteering at OTHENA senior vaccinating event; attending Youth Day Public Policy
Academy meetings; and thanked the Huntington Beach Fire Department and EMT Response Team for
responding with care and concern when her Dad recently had a bad fall. Councilmember Moser read a
statement she prepared to express her opinion on issues that are not appropriate for Councilmembers to
express public opinions on , and asked her fellow Council members to focus on serving with justice and
compassion .
Councilmember Kalmick expressed his appreciation for the opportunity to participate in Children Read
Across America by reading to Ms. Anderson's class at Peterson Elementary School; meeting as a Board
Member of the Bolsa Chica Land Trust with members of supporting agencies , including Interim Police
Chief Harvey and several members of the Huntington Beach Police force and Dispatch , to address the
issue of parking lot break-ins where expensive camera equipment is be ing stolen . He also reported
helping out at Central Net with vaccinations .
Councilmember Delgleize reported attending the Tree Society Arbor Day event and thanked Jean Nagy
and the many volunteers who spend countless hours improving the City's green space.
Mayor Carr reported also attending the Tree Society Arbor Day event and presenting the Council's
Certificate of Appreciation ; participating in Children Read Across America with Mrs. Newton's Fourth
Grade and Ms. Forgiarini's First Grade classes at Peterson Elementary School , City of Huntington Beach
and Huntington Beach Hospital vaccination clinic; and announced the next Town Hall Meeting , an
informational webinar to present details on the Small Business Micro Grant Program, at 6 PM on
Wednesday, March 17, with a follow-up webinar on March 22, at 2 PM to present the Micro Grant
application process . Mayor Carr also announced that the next City Council meeting on Monday, April 5 ,
2021, will be an in-person meeting for Councilmembers and Public Speakers only . Public speakers will
also have the opportunity to participate via Zoom , or phone call, but in -person observation will not be
allowed .
Council/PFA Regular Minutes
March 15, 2021
Page 17of17
ADJOURNMENT -10:01 PM to the next regularly scheduled meeting of the Huntington Beach City
Council/Public Financing Authority on Monday, April 5, 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 r;id ex-officio Clerk of the City Council of
the City of Huntington Beach and Secretary of the
Public Financing Authority of the City of Huntington
Beach, California