HomeMy WebLinkAbout2021-10-19Minutes
City Council/Public Financing Authority
City of Huntington Beach
Tuesday, Octobe r 19, 2021
4 :00 PM -Council Chambers
6:00 PM -Council Chambers
Civic Center, 2000 Main Street
Huntington Beach , California 92648
Or Virtual via Zoom Webinar
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 -COUNCIL CHAMBERS
CALLED TO ORDER -4:00 PM
ROLL CALL
Pursuant to Resolution 2001 -54, Councilmember Peterson requested and with no objections, was
granted permission to be ab$ent.
Mayor Carr noted for the record that Council member Peterson has missed nea rly thirty percent of
Council meetings in the last si x months, and stated she was going to excuse his absence.
Present:
Absent:
Bolton, Delgleize, Carr, Posey, Moser, and Kalmick
Peterson
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Rece ived After Agenda Distr ibution )
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:
Closed Session
#8 (21-776) Email received regarding California Renters Legal Advocacy and Education Fund/THDT
Investment, Inc. v . City of Huntington Beach.
#9 (21-777) Email regarding Carlifornians for Homeownership, Inc. v. City of Huntington Beach (RPI
THDT Investment, Inc.).
PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS (3 M inute Time Limit)-1 Speaker
The number [hh :mm:ss] following the spea k ers' c omments indic ates th eir approxim ate s tarting time in
th e archive d video located at http://www.surfcity-hb .org/g overnmentlagenda s.
Kenneth Stahl , representing THDT Investment, Inc., Cal ifornians Renters Legal Advocacy and Educa ti on
Fund , and also speaking on behalf of Californians for Homeownership, Inc., was called to spea k and
stated the Applicant is eager to work with the Council to get his project approved at 8041 Ellis Avenue ,
and provided ex amples of costs to other c ities who attempted to appeal a court decision for s imilar
cases . (00 :02 :30)
Council/PFA Regular Minutes
October 19, 2021
Page 2 of 26
A motion was made by Posey, second by Moser to recess t o Closed Session for Items 3 -12 . With no
objections , the motion carried.
RECESSED TO CLOSED SESSION -4:07 PM
CLOSED SESSION ANNOUNCEMENT(S)
1. 21-765 Mayor Carr Announced: Pursuant to Government Code§ 54957.6, the City Council
takes this opportunity to publicly introduce and identify designated labor
negotiators: Oliver Chi , City Manager and Travis Hopkins, Assistant City Manager,
who will be participating in today's Closed Session discussions regarding labor
negotiations with : Huntington Beach Firefighters' Association (HBFA), Fire
Management Association (FMA), Police Management Association (PMA), Marine
Safety Management Association (MSMA), Management Employees' Organization
(MEO) and Huntington Beach Municipal Teamster (HBMT)
2. 21-782 Mayor Carr Announced: Pursuant to Government Code § 54957.6, the City Council
takes this opportunity to publicly introduce and identify designated labor
negotiators: Oliver Chi, City Manager and Travis Hopkins, Assistant City Manager,
who will be participating in today's Closed Session discussion of the public
employment of the Police Chief
CLOSED SESSION
3. 21-766 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency
designated representatives: Oliver Chi, City Manager and Travis Hopkins,
Assistant City Manager. Employee Organizations: Huntington Beach Firefighters'
Association (HBFA), Fire Management Association (FMA), Police Management
Association (PMA), Marine Safety Management Association (MSMA), Management
Employees' Organization (MEO) and Huntington Beach Municipal Teamsters
(HBMT)
4. 21 -767 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of
subdivision (d) of Section 54956.9). Name of case: Bob Guzman v. City of
Huntington Beach, Worker's Comp. Case Nos. 1) COHB-20-0333, (2) COHB-19-0169,
(3) COHB-15-0294, and (4) COHB-13-0053.
5. 21-768 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of
subdivision (d) of Section 54956.9). Name of case: Brian Schrieber v . City of
Huntington Beach, Worker's Comp. Case No. COHB-20 -0341.
6. 21-769 CONFERENCE WITH LEGAL COUNSEL-E XISTING LITIGATION. (Paragraph (1) of
subdivision (d) of Section 54956.9). Name of case: Larry Pitcher v. C ity of
Huntington Beach, Worker's Comp. Case No. COHB-19 -029.
7. 21-770 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of
subdivision (d) of Section 54956.9). Name of case: Robert Dalton v. City of
Huntington Beach, Worker's Comp. Case No. COHB-18-0341.
Council/PFA Regular Minutes
October 19, 2021
Page 3 of 26
8. 21-776 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of
subdivision (d) of Section 54956.9). Name of case: California Renters Legal
Advocacy and Education Fund/THDT Investment, Inc. v. City of Huntington Beach;
OCSC Case No.: 30-2020-01140855.
9. 21-777 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of
subdivision (d) of Section 54956.9). Name of case: Californians for
Homeownership, Inc. v. City of Huntington Beach (RPI THDT Investment, Inc.);
OCSC Case No . 30-2019-01107760.
10. 21-778 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of
subdivision (d) of Section 54956.9). Name of case: Merz (Michael) v. City of
Huntington Beach, et al.; USDC Case No.: 8:21-cv-00105-CJC (KEXx).
11. 21-779 CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION. Significant
Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section
54956.9: Number of cases, two (2).
12. 21-780 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) The City
Council shall recess into Closed Session to meet with its designated labor
negotiator, Oliver Chi, City Manager; also in attendance: Travis Hopkins, Assistant
City Manager to discuss the public employment of the Police Chief.
6:00 PM -COUNCIL CHAMBERS
RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING-6:10 PM
ROLL CALL
Pursuant to Resolution 2001-54, Councilmember Peterson requested and with no objections was
granted permission to be absent.
Present:
Absent:
Bolton , Delgleize , Carr, Posey, Moser, and Kalmick
Peterson
PLEDGE OF ALLEGIANCE -Led by Councilmember Posey
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 .
13. 21-774 Rev. Patricia Mercado of Center of Spiritual Living in Huntington Beach and
member of the Greater Huntington Beach Interfaith Council
CLOSED SESSION REPORT BY CITY ATTORNEY -None
AWARDS AND PRESENTATIONS
14. 21-761 Mayor Carr called on Victoria Alberty who presented the Adoptable Pet of the
Month
Council/PFA Regular Minutes
October 19, 2021
Page 4 of 26
Ms. Alberty introduced Sheldon, a three-year-old rescue, and S.A.F.E . Rescue Team founder Markelle
who stated the adoption form and additional details can be found at https://saferescueteam .org .
15. 21 -762 Mayor Carr proclaimed October as Breast Cancer Awareness Month and presented
a proclamation to Dr. Richard Reitherman, Medical Director of Breast Imaging at
MemorialCare Orange Coast Medical Center, and Cindy Callaghan, Director of
Imaging and Breast Center Services
Mayor Carr stated that one in eight women in the U. S . will be diagnosed with breast cancer, and
introduced Dr. Reitherman, Cindy Callaghan and Janice Nelson of MemorialCare Orange Coast Medical
Center with offices in Fountain Valley , Huntington Beach and Newport Beach . Mayor Carr stated the
purpose of Breast Cancer Awareness Month is to increase awareness and promote early detection, and
shared there are Huntington Beach Police Department "Pink Patches" for purchase to raise money for
breast cancer awareness.
Dr. Reitherman stated that every woman, starting at the age of 40 unless there is a family history of
cancer, should get a mammogram every year.
16. 21-763 Mayor Carr presented the Mayor's HB Excellence Award for August 2021 to Patricia
Albers, Senior Personnel Analyst
Mayor Carr explained the awardee is selected by fellow employees to acknowledge their humility, social
awareness , passion , e xceptionality, integrity and for being team oriented . Fellow employees described
Ms . Albers as someone who does an amazing job in fill ing vacancies , responds in a timely manner, can
be trusted to follow through , provides respectful and constructive feedback, and demonstrates honest
and ethical behavior.
Brittany Mello , HR Administration , shared that Ms . Albers started with the City in 2004 in the City Clerk's
Office and in 2007 she made the transition to Human Resources. Ms . Albers received a similar
acknowledgement when the Department Heads recognized outstand ing employees in 2010 .
Ms . A lbers stated that working with very talented staff members dedicated to public service over the
years has been her pleasure .
17. 21-764 Mayor Carr honored the memory of longtime Library Page Holly Freese with the
Mayor's HB Excellence Award for September 2021
Mayor Carr announced that Holly Freese , who recently passed away, epitomized OneHB ethics and
served with humility and e xceptionality since 1998 in the Library's Circulation and Children Departments.
Holly was incredibly kind, had a smile for everyone, and was always willing to help co-workers. She was
known by patrons and staff for her attentiveness and gracious nature . Ms. Freese was a role model and
mentor for other Library Pages.
Holly's mother Kathy , who is a Library Page , and step-dad Bob received the award and thanked
everyone for recogniz ing Holly's service.
18. 21 -792 Mayor Carr proclaimed October as National Disability Employment Awareness Month
Mayor Carr stated there are 39.9 million people in the U . S. with a disability , and the purpose of National
Disability Employment Awareness Month is to educate and celebrate the many and varied contributions
Council/PFA Regular Minutes
October 19, 2021
Page 5 of 26
of America's workers with disabilities. This year's theme is "American Recovery Powered by Inclusion" to
ensure people with disabilities have access to employment and community involvement during the
recovery from the COVID-19 pandemic. Mayor Carr added that that out of 102 cities , Huntington Beach
was ranked as the 8th Best City for people with disabilities by Wallet Hub.
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
#19 (21-785) Email received regarding Oil Spill in Huntington Beach.
Consent Calendar
#20 (21-610) Email received regarding adoption of Resolution No. 2021-48 terminating the City's local
emergency declaration in response to COVID-19.
Administrative Items
#29 (21-593) Email received from Bud Benneman , Vice Chair, Environmenta l Board regarding
proposed name change.
Email received from Mark Sheldon regarding reconfiguration of City Boards,
Commissions, and Committees.
#30 (21-687) Email received regarding adoption of Resolution No . 2021-52 authorizing the
establishment of 15 miles per hour school zone speed limit on Oak Lane between
Cypress Drive to Mandrell Drive.
Ordinances for Introduction
#32 (21-753) Email received regarding Short-Term Rental (STR) regulations.
Councilmember Items
#36 (21-795) Eight (8) emails received regarding support for a permanent ban on new offshore oil , gas
drilling and similar exploration activities off the coast of California .
Mayor Carr announced that due to the number of citizens attending tonight's meeting to
participate in Public Hearing Item No. 27 on the Gisler Residential Project, the hearing was moved
forward. Action on the item is recorded under its originally published agenda location:
*27. 21-718 Approved Mitigated Negative Declaration No. 20-002, Resolution No. 2021-51
approving General Plan Amendment No. 20-002, and Ordinance No. 4236, as
amended, approving Zoning Map Amendment No. 20-002 {Gisler Residential -21141
Strathmoor Lane)
PUBLIC COMMENTS (3 Minute Time Limit) -26 In-Person and 5 Call-In Public Speakers
The number [hh :mm :ss} following the speakers' comments indicates their approximate starting time in
the archived video located at http://www.surfcity-hb .org/governmentlagendas.
Shirley Dettloff, a 57-year resident of Huntington Beach , was called to speak and thanked the Council
and City staff for their leadership in addressing the recent oil spill. Ms . Dettloff also shared her rebuttals
Council/PFA Regular Minutes
October 19, 2021
Page 6 of 26
to many of what she believes are false statements being made by supporters of the Council Recall.
(02:47 :19)
Karen Ccarroll was called to speak and shared a history of Council votes on various high-density
projects , some of which were voted on many years ago by previous Councilmembers, to demonstrate
that many statements being made by supporters of the Council Recall do not pertain to current
Councilmembers. (02:49:40)
Jenny Braithwaite was called to speak, stated her anger at the Council Recall effort, and described many
of the great projects and actions the current Council has taken to address critical issues during the last
couple of years , and thanked Council for their professional management skills in addressing health ,
economic and environmental issues. (02:52 :25)
Bill Hickman , Surfrider Foundation, was called to speak and stated his support for Councilmember Item
No . 36 regarding a permanent ban on new offshore drilling off the coast of Ca lifornia. (02 :54:27)
Grant Bixby, local real estate broker and Business Alliance for Protecting the Pacific Coast member, was
called to speak and stated his support for Councilmember Item No. 36 regarding a permanent ban on
new offshore drilling off the coast of California. (02:55: 15)
Laura Sire, a long-time resident of Huntington Beach, was called to speak and shared her support for the
improvements the City is planning for the Oak View community, for Council member Item No. 36
regarding a permanent ban on new offshore drilling off the coast of Californ ia , and her opposition to the
Council Recall. (02:57 :27)
Cathey Ryder, a resident of Huntington Beach since 1985, was called to spea k and stated her support
for Councilmember Item No . 36 regarding a permanent ban on new offshore drilling off the coast of
California . (03:00: 19)
Pano Frousiakis , Candidate for City Council in 2022 , was called to speak and stated his appreciation and
support for the City's Police Officers and first responders, especially for their handl ing of recent shooti ng
incidents. (03 :02:09)
Debbie Killey, President , Huntington Beach Council on Aging (HBCOA), was called to speak and shared
information on services provided by the HBCOA and support for Consent Calendar Item No. 22
regarding the Memorandum of Understanding between the City and HBCOA. (03:04:22)
Ralph Bauer, long-time resident of Huntington Beach , and Huntington Beach Council on Aging (HBCOA)
Board Member, was called to speak and thanked Randy Pesqueira , Executive Di rector of Senior
Services, and the wonderful staff at the HB Senior Center, as well as his support for Consent Calendar
Item No. 22 regarding the Memorandum of Understanding between the City and HBCOA. (03:05:51)
Phil Burtis , Huntington Beach Council on Aging (HBCOA) Treasurer, was called to speak and described
HBCOA's management structure and mission in support of Consent Calendar Item No . 22 regarding the
Memorandum of Understanding between the City and HBCOA. (03 :07:46)
Ellen Hope Kearns , Huntington Beach Council on Aging (HBCOA) Vice President, was called to speak
and shared images of some of the outdoor activities provided by HBCOA in their parking lot during the
COVID-19 pandemic in support of Consent Calendar Item No. 22 regarding the Memorandum of
Understanding between the City and HBCOA. (03 :09 :06)
Council/PFA Regular Minutes
October 19, 2021
Page 7 of 26
Lindsay DuFresne , Senior Center Front Desk Receptionist and Huntington Beach Council on Aging
(HBCOA) Board Member, was called to speak and described HBCOA membership benefits and services
in support of Consent Calendar Item No. 22 regarding the Memorandum of Understanding between the
City and HBCOA. Further details about HBCOA can be found at www.h bcoa .org. (03:11 :24)
Armita Ariano, Orange County Coastkeeper Staff Attorney , was called to speak and stated support for
Councilmember Item No . 36 regarding a permanent ban on new offshore drilling off the coast of
California . (03: 12:56)
Amory Hanson, member of the Historic Resources Board and Candidate for City Council in 2022 , was
called to speak and stated his support for Consent Calendar Item No. 20 related to terminating the C ity's
Emergency Declaration in response to COVID-19. Mr. Hanson also stated his support for Administrative
Item No. 29 (D) for planning an annual event to recognize citizen appointees . (03: 14:55)
John Villa, Huntington Beach Wetlands Conservancy Executive Director, was called to speak and
thanked Council for being proactive during the recent oil spill and expressed appreciation to the
Huntington Beach Fire and Police Departments, City Manager's Office , and Public Works Department
and their staff members for going above and beyond in protecting the non-profit owned wetlands and
including him in regular updates during the crisis. (03: 16: 19)
Richard Busch , Huntington Seal Beach Chapter, Surfrider Foundation , Beach Cleanup Coordinator, was
called to speak and stated support for Councilmember Item No. 36 regarding a permanent ban on new
offshore drilling off the coast of California. (03:18:34)
Jason Allen , Surfrider Foundation member, was called to speak and stated his support fo r
Councilmember Item No . 36 regarding a permanent ban on new offshore drilling off the coast of
California . (03 :19 :55)
Raymond Hiemstra, Sierra Club Orange County Conservation Chair, was called to speak and stated his
support for Councilmember Item No. 36 regarding a permanent ban on new offshore drilling off the coast
of California. (03 :21: 10)
David James , Reform for Marijuana Laws , Orange County Chapter member, was called to speak and
asked that the Council reconsider their stance against marijuana sales in Huntington Beach . Mr. James
shared from personal experience the benefit and safety of marijuana , and provided examples of the
revenue generated by jurisdictions that have approved marijuana sales . (03 :22 : 13)
Kathryn Levassiur, a long-time resident of Huntington Beach and Short-Term Rental (STR) Alliance Co-
Founder, was called to speak and thanked Mayor Carr for her leadership through recent crises. Ms.
Levassiur also asked why the City continues to block the vast majority of STR (un-hosted) property
owners from applying for a permit. (03:24:31)
Pat Love , whose family has lived in the area for about 100 years , and Short-Term Rental All iance
member, was called to speak and asked that Council read the Short-Term Rental Alliance email
addressed to them yesterday . Mr. Love asked why there is an ordinance for an issue that is not creating
any problems in the City, and impedes a legitimate and functioning industry. (03:26:26)
Barry Kielsmeler, a 33-year resident of Huntington Beach , was called t o speak and st ated his opposition
to the Council Recall. He stated his support for workforce housing and shared his perspective on the
Council's legal and appropriate actions to rehabilitate and rent existing properties to make them available
at affordable rates. (03:28:43)
Council/PFA Regular Minutes
October 19, 2021
Page 8 of 26
Galen Pickett was called to speak, stated his opposition to the Council Recall effort, and shared his
opinions on what he perceives as inaccurate communications by Council Recall enthusiasts. (03 :31 :14)
Victor Leipzig , a long-time resident of Huntington Beach , representing Amigos de Bolsa Chica and Sea
and Sage Audubon Society, Orange County Chapter, was called to speak and stated support for
Council member Item No. 36 regarding a permanent ban on new offshore drillin g off the coast of
California . (03:32:56)
Tim Geddes, a long-time resident of southeast Huntington Beach , was called to speak and suggested
that open space for AYSO use could be designated at the Magnolia Tank Farm site. Mr. Geddes shared
examples of Councilmember actions and activities to document his oppos ition to the Council Recall, and
stated his support for Councilmember Item No. 36 regarding a permanent ban on new offshore drill ing off
the coast of California . (03 :35 :14)
Caller Dan McDonald, a long-time Huntington Beach resident and homeowner, was invited to speak and
shared his opinions on SB 9 and SB 10 and Sacramento's efforts to exert control over local land-use .
Mr. McDonald asked why Council has not promoted the Brand-Huang-Mendoza Tri-Partisan Land Use
Initiative to ensure local control for local land-use decisions. (03:37:35)
Caller Melissa Morris, Oceana Southern California Field Representative , was invited to speak and sta ted
support for Councilmember Item No. 36 regarding a permanent ban on new offshore drilling off the coast
of California, and added that if approved , Huntington Beach would become the 1 Ooth west coast
municipality to formally oppose offshore drilling . (03 :39:26)
Caller Azsha Hudson, a California native and Masters student at Scripps, was invited to speak and
stated her support for Councilmember Item No. 36 regarding a permanent ban on new offshore drilling
off the coast of California . (03 :41 :24)
Caller Mark Sheldon, a 30-year resident of Huntington Beach , was invited to speak and stated his
support for Council member Item No. 36 regarding a permanent ban on new offshore drilling off the coast
of California . Mr. Sheldon also stated his concerns about unintended consequences if Administrative
Items No. 29 reconfiguring a select number of City Boards, Commissions, and Committees is approved,
especially related to the Environmental Board, and requested that the name, scope, and functionality of
this Board remain as it is now. (03:42:46)
Caller #2717, Victor Valladares , a resident of Huntington Beach and Co -Founder of Oak View
ComUNIDAD, was invited to speak and stated his request that Belsito Drive and Koledo Lane also be
included for Administrative Items #30 authorizing the establishment of 15 miles per hour school zone
speed limit on Oak Lane between Cypress Drive to Mandrell Drive . Mr. Valladres thanked Mayor Carr
and Councilmember Moser for Council member Items #36 and stated his support for a permanent ban on
new offshore oil , gas drilling and similar exploration activities off the Coast of Ca lifornia . (03:45: 14)
COUNCIL COMMITTEE -APPOINTMENTS -LIAISON REPORTS, AB 1234 REPORTING, AND
OPENNESS IN NEGOTIATIONS DISCLOSURES
Councilmember Kalmick announced his appointment of Dr. Richard Harrison to the Community and
Library Services Commission, Scott Miller to the Charter Review Commission, and Spencer Hagman as
the alternate . Councilmember Kalmick reported attending a meeting of the Environmental Board ;
Citizen's Academy Community Development session ; and a meeting of the Southern California
Council/PFA Regular Minutes
October 19, 2021
Page 9 of 26
Association of Government (SCAG) Environmental and Energy Committee, as well as numerous
meetings related to the oil spill.
Mayor Carr reported attending meetings of the Orange County Sanitation District; Association of
California Cities -Orange County (ACC-OC); Oak View Community; and , as did most other
Councilmembers, a multitude of briefing and press conference meetings related to the o il spill.
Councilmember Moser reported attending meetings of the Citizen's Academy Community Development
session; Oak View Community; Youth Board ; Human Relations Task Force; Environmental Board ;
Business Improvement District (BID) Board of Directors; and numerous meetings related to the o i l spill.
Councilmember Posey stated that city councils are prohibited by State law from formally addressing
ballot initiatives or specific candidates; and reported attending meetings of the Local Agency Formation
Commission (LAFCO); Orange County Power Authority; and Southern California Association of
Government (SCAG) Board to discuss SoCal Greenprint.
Councilmember Bolton announced her appointment of Ian Adam to the Planning Commission ; and
reported attending a meeting of the Human Relations Task Force; the Boys & Girls Club of Huntington
Valley Fundraiser; v isiting the Be Well QC Center; and attending a Congressional Hearing on the local oil
spill.
CITY MANAGER'S REPORT
19. 21-785 Oil Spill Response Update
City Manager Chi introduced Fire Chief Scott Haberle who presented a PowerPoint communication titled
Huntington Beach Oil Spill Response Update , with slides entitled Updated Spill Information , Current
Status, Patriot Clean Up Work, City Water Testing (2), and Fisheries Update .
Mayor Pro Tern Delgleize confirmed with Chief Haberle that Huntington Beach Fire Department staff
accompany Patriot employees on the clean-up work .
CONSENT CALENDAR
20. 21-610 Adopted Resolution No. 2021-48, Terminating the City's Local Emergency
Declaration in Response to COVID-19
A motion was made by Posey, second Delgleize to adopt Resolution No. 2021-48 , "A Resolution of the
City Council of the City of Huntington Beach Proclaiming the Term ination of the Local Emergency
Declared on March 16, 2020."
The motion carried by the following vote:
AYES:
NOES:
ABSENT:
Bolton, Delgleize, Carr, Posey, Moser, and Kalmick
None
Peterson
21. 21-788 Adopted Resolution No. 2021-59 amending the Fiscal Year 2021/22 Budget to carry
over unspent appropriations from Fiscal Year 2020/21 for the continuation of
Capital Improvement Program (CIP) Projects
Council/PFA Regular Minutes
October 19, 2021
Page 10 of 26
A motion was made by Posey, second Delgleize to adopt Resolution No. 2021-59 , "A Reso luti on of t he
City Council of the City of Huntington Beach Amend ing the Fiscal Yea r 2021/22 Budget to Carry Over
Unspent Appropriations from Fiscal Year 2020/21", which incorporates and refe rences the continuation
of funding . Exhibit A lists individual capital improvement projects and their respective carryover amounts
totaling $21 ,692,325.
The motion carried by the following vote :
AYES :
NOES:
ABSENT:
Bol t on, Delgleize , Carr, Posey, Moser, and Kalmick
None
Peterson
22. 21 -630 Approved and authorized execution of a Memorandum of Understanding (MOU)
between the City of Huntington Beach and the Huntington Beach Council on Aging
(HBCOA) to enhance the dignity and quality of life of the City's senior citizens
A motion was made by Posey, second Delgleize to approve and authorize the Mayor and C ity Clerk to
e xecute an updated "Memorandum of Understanding between the City of Huntington Beach and the
Huntington Beach Council on Aging."
The motion carried by the following vote:
AYES:
NOES:
ABSENT:
Bolton , Delgleize, Carr, Posey, Moser, and Kalmick
None
Peterson
23. 21-716 Approved and authorized execution of a three-year agreement with the San Diego
County Sheriff's Department to participate in Operation Stone Garden (OPSG)
A motion was made by Posey, second Delgleize to approve and authorize Interim Police Ch ief Ju lian
Harvey to e xecute the "Agreement for Fiscal Year 2020 Operation Stonegarden (OPSG);" and ,
appropriate $192,900 in grant funding for Operation Stone Garden .
The motion carried by the following vote :
AYES :
NOES:
ABSENT:
Bolton, Delgleize, Carr, Posey, Moser, and Kalmick
None
Peterson
24. 21-725 Approved and authorized execution of Amendment No. 1 to Professional Services
Contract with Sierra Analytic Laboratory, Inc. for Water Quality Sampling and
Analysis in the amount of $120,000
A motion was made by Posey, second Delgleize to authorize the Mayor and City C lerk t o e xecute
"Amendment No. 1 to Agreement Between the City of Huntington Beach a nd S ierra Analytic Laboratory
for Water Quality Sampling and Analysis ."
The motion carried by the following vote :
AYES:
NOES:
Bolton , Delgleize , Carr, Posey, Moser, and Kalmick
None
ABSENT: Peterson
Council/PFA Regular Minutes
October 19, 2021
Page 11of26
25 . 21-742 Approved and authorized the Mayor and City Clerk to execute Amendments No. 1 to
Professional Services Contracts with Dakota Communications and Barrios &
Associates, LLC, for On -Call Public Affairs Services
A motion was made by Posey, second Delgleize to approve and authorize the Mayor and City Clerk to
execute "Amendment No . 1 to Agreement Between the City of Huntington Beach and Dakota
Communications for On-Call Public Affairs Specialists to Support the Public Information Office ;" and
approve and authorize the Mayor and City Clerk to execute "Amendment No. 1 to Agreement Between
the City of Huntington Beach and Barrios & Associates , LLC . for On-Call Public Affairs Specialists to
Support the Public Information Office ."
The motion carried by the following vote:
AYES:
NOES :
ABSENT:
26. 21-756
Bolton , Delgleize, Carr, Posey, Moser, and Kalmick
None
Peterson
Approved and authorized execution of a Professional Services Contract with LSA
Associates, Inc. in the amount of $241,250, for preparation of the Bella Terra
Residential Project Environmental Impact Report (EIR); approved and authorized
execution of a reimbursement agreement with Bella Terra Associates, LLC in the
amount of $241,450 to fund the EIR; approved an increase in the Community
Development Department's Professional Services listing authority by $241,450 and
appropriate fund to be fully reimbursed
A motion was made by Posey , second Delgleize to approve and authorize the Mayor and City Clerk to
execute a "Professional Services Contract" between the City of Huntington Beach and LSA Associates ,
Inc. for the Bella Terra Units Environmental Impact Report" in the amount of $241.450 as prepared by
the City Attorney (Attachment No. 1 ); and , approve and authorize the Mayor and City Clerk to execute a
"Reimbursement -Planning -Agreement Between the City of Huntington Beach and Bella Terra
Associates, LLC for Costs Incurred for the Bella Terra Units Environmental Impact Report" in the amount
of $241.450 as prepared by the City Attorney (Attachment No. 2); and, approve an increase in the
Community Development Department's professional services listing authority by $241.450 for the
preparation of the Bella Terra Units Environmental Impact Report to ensure compliance with
Administrative Regulation Number 228, Section 7 .1; and , appropriate funds as revenues are received in
the amount of $241.450 from the General Fund to the Community Development Department Professional
Services Account 10060201 .69365 for the Professional Services Contract between the City and LSA
Associates, Inc., which is funded by a reimbursement agreement.
The motion carried by the following vote :
AYES:
NOES:
ABSENT:
Bolton , Delgleize , Carr, Posey, Moser, and Kalmick
None
Peterson
PUBLIC HEARING
Council/PFA Regular Minutes
October 19, 2021
Page 12 of 26
27. *21-718 Approved Mitigated Negative Declaration No. 20-002, Resolution No. 2021-51
approving General Plan Amendment No. 20-002, and Introduction of Ordinance No.
4236 approving Zoning Map Amendment No. 20-002 (Gisler Residential -21141
Strathmoor Lane)
City Manager Oliver Chi introduced Senior Planner Ricky Ramos, and announced that The Brookfield
Group also had representatives present to make comments on this item.
Senior Planner R icky Ramos presented a PowerPoint communication entitled General Plan Amendment
(GPA) No. 20-002, Zoning Map Amendment (ZMA) No. 20-002, Mitigated Negative Declaration (MND)
No . 20-002 (Gisler Residential), 21141 Strathmoor Lane, October 19, 2021, with slides entitled Project
Site, Request (7), Analysis and Recommendation.
Mayor Carr opened the Public Hearing for Item #27 .
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:
#27 (21-718) PowerPoint presentation entitled Gisler Residential Project submitted by applicant
Brookfield Residential.
Letter submitted by Jennifer Ward, Orange County Business Council , supporting
Brookfield Residential's proposed new homes at Gisler Site (Gisler Residential , 21141
Strathmoor).
Letter received from Leisa Winston , Superintendent of Huntington Beach City School
District , supporting Brookfield Residential's proposed new homes at Gisler Site (Gisler
Residential, 21141 Strathmoor).
Eighty-six (86) emails received regarding proposed new homes at Gisler Site (Gisler
Residential, 21141 Strathmoor).
Public Speakers -22 In-Person and 4 Call-In Speakers
Dave Bartlett, Vice President, Brookfield Residential , was called to speak and presented a PowerPoint
communication titled Gisler Residential Project, with slides entitled Gisler Residential Project (2), Gisler
Park -Ex isting Improvements, Gisler Park -Future Improvements, and Thank You.
Jolene Miller, a 38-year res ident of Huntington Beach and rep rese ntative of the Huntington Beach City
School District, was called to speak and shared that the proceeds from the sale of this property will be
used primarily to fund the modernization or reconstruction of Sowers Middle School and pay some long-
term debt. Ms . Miller acknowledged the District's long -term relationship with American Youth Soccer
Organization (A YSO) and described efforts to cooperate in finding alternative options for an appropriate
lighted soccer field . Ms. Miller asked that City Council approve this item to ensure the City School
District can proceed on schedule with improvements at Sowers Middle School. (01 :03:12)
Michelle Newell, Key Mom with the Silver Bullets AYSO soccer team , asked for a City Council
commitment to ensure lighted playing fields for the two fields being removed by this residential project.
(01:06 :13)
Council/PFA Regular Minutes
October 19, 2021
Page 13 of 26
Emily Selna, mother of a student at Sowers Middle School, was called to speak and shared her request
that more specific details are needed regarding replacement lighted soccer fields . (01 :07:09)
James Torres , a 5th Street resident for 23 years, was called to speak and stated appreciation for the
A YSO coaches who volunteer their time with his children, and asked that specific details regarding
replacement lighted soccer fields be included in approving this item . Mr. Torres stated that anyone
interested in supporting his non-profit effort to assist homeless children get into soccer can reach him at
james@nokidhomeless.com . (01 :08 :48)
Jennifer Ward , Sr. Vice President, Advocacy and Government Relations , Orange County Business
Council, was called to speak and stated support for the Gisler development plan because of the
importance of housing for a strong Orange County economy. Ms. Ward stated this housing project would
chip away at the housing shortage that Orange County faces. (01: 11 :37)
Steven Atherton, a Huntington Beach parent and soccer coach , was called to speak and stated his
support for setting aside enough land within this project for a soccer field . In his opinion, it would cost
nearly $2M for proper soccer field lighting, and stated there are no fields big enough for soccer in south
Huntington Beach. Mr. Atherton encouraged all parties to work together for a better solution. (01 : 13:41)
Roberto Aguirre, resident of Huntington Beach , parent of two young children and ASYO Hot Chili
Peppers coach , was called to speak and quoted from October 8th and 19th letters that the School District
Superintendent sent to Huntington Beach City Councilmembers regarding the District's efforts to ex plore
replacement soccer field options to support his opinion that the terms for relocating the soccer field have
not been finalized. Mr. Aguirre asked that City Council members delay a decision on this matter until
completion of the referenced study. (01: 16:06) ·
Jeff Combs, father of three A YSO soccer players and A YSO soccer coach, was called to speak and
stated his concern is for the younger children coming up and soccer playing options they may not have if
the Gisler fields are removed . He stated his opinion that the Sports Complex might be a solution , but not
for the 92646 area . Mr. Combs stated that Huntington Beach soccer fields are in worse condition than
any other place the teams play . He encouraged all parties involved to develop a proper soccer field for
the community . (01 : 18:39)
Chris Kluwe, AYSO U12 Girls soccer coach, was called to speak and stated these girls will not be able to
play soccer next year if the Gisler fields are not there. He echoed the statement of Mr. Combs that
quality fields are needed in Huntington Beach , and children should not have to be warned to watch for
gopher holes when playing soccer. Mr. Kluwe stated his opinion that if the details for a proper soccer
field are not included now for any agreements, it will be too easy to push tha t detail down the road and
most likely, there may not be any playing space . (01 :23:18)
Heather Traska, A YSO U 11 Boys soccer coach and her team , was called to speak and stated there will
be no place for this team to play if the Gisler field is not available . Ms. Traska stated lighting is critical for
a safe playing environment, and confirmed that the conditions at Gisler are horrible and that coaches and
volunteers fill holes to make the field a little bit safer for the kids to play on . (01 :23 :39)
Joe N~dley , a 35-year AYSO coach , was called to speak and stated there is no place for the kids that
play at Gisler Park if those fields go away. He further stated his opinion the residents around Peterson or
Moffet will not be happy to suddenly have lights on them until 9 PM . Mr. Nadley stated in 2016 , when he
last coached at Gisler, over 1,200 kids were using the fields . He asked City Councilmembers to delay
Council/PFA Regular Minutes
October 19, 2021
Page 14 of 26
any decision on this issue until there is a solid plan for south Huntington Beach soccer fields , and added
that $250,000 is not going to be adequate. (01 :25:20)
Kimo Gandall, a Registered Parliamentarian, real estate agent, born and ra ised in Huntington Beach and
A YSO youth soccer player, was called to speak and stated his opinion that the developer is bribing the
City with their offer of $250,000 for lighting. He described past projects where developers promised
better parks with more housing, and explained the reality is more traffic, and less parking space in the
neighborhood. Mr. Gandall stated his opinion that approving this project will cause irreversible damage
to the City, and added that the Quimby Act requires a density to park ratio . (01 :27 :06)
Pano Frousiakis , a Candidate for City Council in 2022 , and soccer coach and player, was called to
speak, and stated that e xisting soccer fields i n south Huntington Beach are in d isrepa ir . As a coach for
special needs children at Gisler, he stated eliminating these fields would mean these children wou ld no
longer have the opportunity to participate in soccer. Mr. Frousiakis stated that it might take bonds , or
ot her financial resources , but effort should be focused on creating more green spaces , not redu ci ng
green space, for the families and children of Huntington Beach. He asked if the Councilmembers are
going to support the residents , or the lobbyists and developers. (01 :30 :16)
An unnamed guest, mother of the Red Chili Peppers A YSO player, was called to speak and stated the
need for safe soccer fields . This mother asked that the Counci l use their collaborative skills that resulted
in the wonderful Sea View baseball and playground site to provide for another safe site for youth so ccer
players. (01 :33 :28)
Gretchen Fuog , a resident of Huntington Beach , was called to speak and stated her support for th is
development project because it will provide homes for people to live in Huntington Beach . She stated
that sc hools and sports are also important, but in the current housi ng cris is , st and-alone properti es are
cruci al. (01 :35:12)
Adam Wood was called to speak, stated his support for this project, and reminded people that t he funds
raised by the School District will be used to benefit the City's children . He suggested a "big picture "
perspective that includes preserving the opportunity for soccer, as well as providing fo r the childre n at
home tonight studying for school tomorrow. (01 :38 :01 )
Ann McCarthy, Regional Commissioner, AYSO Region 56 , AYSO vo lunteer for 15 years, and U14 boys'
team coach , was called to speak and stated c urrently AYSO Reg ion 56 serves 1 ,4 00 -2 ,000 kids each
year from the age of 4 to mid -teens . Huntington Beach currently has five AY SO regions , and part of the
program's success is that kids can play in their own neighborhood. Ms. McCarthy added that Gisler is
the only location w ith lights in south Huntington Beach . She ex pressed appreciation for the developer,
school district, and City including A YSO in their deliberations related to t he impact on youth sports . Ms .
McCarthy requested City Council assurance that funding for lighted, f ull -sized fie lds is a part of the
propose d project. (01 :39:3 1)
Tim Geddes, 38-year resident of southeast Huntington Bea c h, former soccer player and refe ree , was
called to speak and stated his support for a f irm commitment , not just pro mi ses , from t he C it y to assure
the future of A YSO soccer is preserved and enhanced with quality fields for growing sou t heast
Huntington Beac h . (01 :4 2 :45)
Brian Cleugh, a Gisler neighborhood resident born and raised in Huntington Beac h, and youth sports
volunteer, was called to speak and thanked the project participants fo r including youth sports
representatives in the discussions. He stated his opinion that Ed i son Park is the s olution for so uth
Council/PFA Regular Minutes
October 19, 2021
Page 15 of 26
Huntington Beach, and his hope that in a year or two he will not still be looking for the solution.
(01 :44 :36)
Judi Reiner, who lives across the street from the Gisler site, was called to speak and Marlo Mole spoke
on her behalf stating Ms. Reiner has always supported the school and sports field use for this site and
she is sad to see this w ill be lost. Ms. Reiner also supports local control for land use, and urges the City
Council to approve the plan for 85 single residence homes. (01 :46 :40)
Pam Bertsch, a resident of Huntington Beach since 1974, and whose current home shares a wall with
the Gisler site , was called to speak and stated that while this property has been vacant it has created a
very unsafe neighborhood. Ms. Bertsch voiced her support for the planned development , thanked
Brookfield for their transparency during the process , and asked that people stop blaming each other and
move forward together to find the right solution . She stated her opinion that all of the students at Sower
Middle School will benefit from this sale, and encouraged the Council to approve this project before the
State dictates the use of the land. (01 :48:23)
Caller Ellen DeWitt, whose family has been residents in the Gisler tract for nearly 30 years, was invited to
speak and asked that the City Council support the Planning Commission in approving this project.
(01 :51 :37)
Caller Dan McDonald , who has a ch ild participating in AYSO soccer who w ill attend Sowers M iddle
School next year, was invited to speak, and stated his support for a secure plan or commitment for the
replacement lighted soccer fields rather than just promises to look into solutions. (01 :52 :13)
Caller Michelle Stone, a resident of Huntington Beach and mother of a child who attends Sowers Middle
School, was invited to speak and stated she has seen Police at the empty Gisler site addressing issues
of vandalism , homelessness, and drug use. Ms . Stone stated her support for approving and moving
forward with the plan presented as the money will be used for the benefit of all students. (01 :53:06)
Caller Selva Sendur was invited to speak and stated his support for this project, adding he is looking for
a family home in Huntington Beach and this would provide the perfect solution . (01 :54:34)
There being no more Public Hearing speakers, Mayor Carr closed the Public Hearing for this item .
Councilmember Kalmick thanked Mayor Carr for moving this item forward so the many children present
could participate in the process, and expressed appreciation for the A YSO representatives who made
time to meet with Councilmembers , as well as the speakers who clearly described how useful the Gisler
fields are.
Councilmember Kalmick explained that the land belongs to the School District, and wished there were
different options. Councilmember Kalmick and staff discussed that previous City Councilmembers opted
to not purchase the property for several reasons, including the fact that at the time the former School
District Superintendent indicated they had a plan to coordinate additional or separate lighted fields for
AYSO needs.
City Manager Chi added that Director of Community and Library Services Chris Slama and staff are
looking at including lighted fields as part of the Edison Park update , and h istorically the City planned that
sports fields would remain on School District land . Given that plan seems to be shifting during the last
couple of years , City Manager Chi cited Worthy Park and Murdy Community Center updates which
included added lights for open field playing space , as examples of how the City is addressing the issue .
Council/PFA Regular Minutes
October 19, 2021
Page 16 of 26
Director Slama stated that the community has made it very clear that lighted playing fields are needed
and staff has prioritized this for upcoming park updates . He added that the Community Services
Commission will review the conceptual plan for Edison Park next month, and if approved, it could be
presented to Council as early as December.
Councilmember Kalmick confirmed with Chief Assistant City Attorney Vigliotta there is no way for the City
to compel the School District to maintain youth sports playing fields, but Deve lopment and Plann ing staff
would have to confirm if the City could compel the developer through Planned Unit Development (PUD)
documents.
Councilmember Kalmick and City Manager Chi discussed that Huntin gton Beach is an infill city that is
primarily developed, and historically the School District has provided the playing fields with the C ity
providing park space around the playing fields. Changing demographics provides an opportunity for
interesting and innovative options; and, it would take development findings for Council to deny based on
violation of community thresholds . Sr. Planner Ramos stated Attachment No. 1 to the Staff Report
includes the findings Council would have to make in order to approve the Zoning Map Amendment and
the Mitigated Negative Declaration. There is one finding in the Resolution to determine that the General
Plan Amendment is necessary for the changing needs and orderly development of the City.
Councilmember Kalmick confirmed with staff that there are two soccer fields on this site; and confirmed
with City Manager Chi that Brookfield Properties is currently offering $500,000 for li ghting at a site the
School District will select. In the meantime, City Manager Chi stated that Community and Library
Services staff are contemplating ways that the City can provide interim options for A YSO Region 56 to
use lighted sports fields. Staff is also considering long-term plans, including next month's Community
Services Commission meeting to evaluate Edison Park plans and are engag ing AYSO representatives in
the planning process.
City Manager Chi explained that Brookfield, as part of their community benefits PUD, has plans for
substantial improvements to Gisler Park that will cost $700,000 to $800,000 .
Councilmember Kalmick confirmed with Sr. Planner Ramos that Quimby Act requirements are being met.
Chief Assistant City Attorney Vigliotta confirmed for Councilmember Kalmick that PUD wording is the
mechanism to ensure compliance related to the $500,000 lighting commitment. City Manager Chi
explained the process would involve a payment to the City held in escrow until such time when the plan
is in place to install the lights.
Councilmember Moser stated that everyone agrees the kids need appropriate places to play, and
described some of the conversations and planning meetings that were held which resulted in Brookfield
increasing their payment for field lighting . Councilmember Moser also summarized efforts the City is
taking , as earlier described by City Manager Chi and staff, to ensure AYSO teams have appropriate
facilities for continued soccer practice .
Councilmember Posey shared his perspective that zoning is fluid to meet changing community needs,
and one of the benefits in this particular situation is that the Public/Semi-Public designation with
Residential Low-Density overlay allows for at least a dozen uses that do not need Planning Commission
or City Council approval. He explained that Public/Semi-Public refers to access, but not exclusive use
and rezoning this parcel will ensure that the School District will get maximum value to return to their
schools ; and the City and taxpayers get community benefits such as Developer Impact Fees for parks ,
and that fee for this project will amount to just over $1 M .
Council/PFA Regular Minutes
October 19, 2021
Page 17 of 26
Councilmember Posey further stated that having 85 homes on the market will double available housing in
the City, and will provide property tax revenue, which the School District does not pay, as well as 85
more families spending disposable income in Huntington Beach helping to create jobs, support local
businesses and deliver increased sales tax revenue . Councilmember Posey stated his support for this
zoning change, which he believes, is appropriate for the location.
Mayor Pro Tern Delgleize stated her opinion that a single home development on this site will increase the
value of the surrounding homes, and the improvements at Sowers Middle School will definitely make the
area more desirable for families. She also stated that when this Council considers any strategic plan the
number one consideration is improving quality of life, and confirmed her e x pectation that the City,
Developer, and School District will produce a plan for this site that will result in A YSO having access to
lighted playing fields .
Councilmember Bolton commended all of the young people for attending this meeting and expressing
their views by standing with their coaches. She was also an A YSO mother and understands t he
importance of youth sports.
Council member Bolton confirmed with staff that Brookfield has committed a total of $500,000 to lighting
fields, and thanked them for doubling their initial offer.
Mayor Carr commended Brian Cleugh, Alan Gandall and Ann McCarthy for participating in the process
and helping to define the need so the City Council can continue to work with the Huntington Beach City
School District to ensure continuity of lighted A YSO playing space. Mayor Carr also commended
Brookfield for being committed to working with the City and School District to do what is best for the
children. Mayor Carr added that the additional Brookfield lighting commitment will be in writing , and
confirmed the City is focused on providing permanent playing space most likely at Edison Park as well as
assisting in arranging interim-lighted playing space .
Mayor Carr stated she is looking forward to having another improved school , increased safety in the
Gisler Park area, and adequate youth sports playing fields .
Council member Kalmick stated he was also an A YSO soccer player growi ng up and that many City staff
live locally, are passionate about parks, and open space. He thanked everyone for their hard work to
move this project forward .
A motion was made by Posey, second Kalmick to approve PLANNING COMMISSION AND STAFF
RECOMMENDATION to approve Mitigated Negative Declaration No. 20-002 with findings (Attachment
No. 1) and mitigation measures; approve General Plan Amendment No. 20-002 by adopti ng City Council
Resolution No. 2021-51, "A Resolution of the City Council of the City of Huntington Beach Approving
General Plan Amendment No. 20-002" (Attachment No. 2); and, approve Zoning Map Amendment No.
20-002 with findings (Attachment No. 1) and approve for introduction , after the Ci ty Clerk reads by title ,
Ordinance No. 4236, "An Ordinance of the City of Huntington Beach Amending the Huntington Beach
Zoning and Subdivision Ordinance to Rezone the Real Property Located at 21141 Strat hmoor Lane from
Public-Semipublic (PS) to Residential Low Density (RL) (Zoning Map Amendment No. 20-002 .)"
(Attachment No. 3), as amended to condition that prior to issuance of the project's final tract map,
the City must receive from the project developer a contribution of $500,000 to be used for soccer
field lighting.
The motion as amended carried by the following vote:
AYES: Bolton, Delgleize, Carr, Posey, Moser, and Kalmick
NOES:
ABSENT:
Norie
Peterson
Council/PFA Regular Minutes
October 19, 2021
Page 18 of 26
28. 21-723 Public Hearing Held -Approved Entitlement Plan Amendment (EPA) No. 21-001
(Killarney's Rooftop Dining)
City Manager Chi introduced Lead Planner Hayden Beckman who presented a PowerPoint
communication titled Killarney's Rooftop Dining with slides entitled Project Site, Project Description,
Existing Floor Plan, Proposed Roof Plan, Downtown Resolution, Resolution 2017-42, Hours of
Operation, In Lieu Program, Appeal, Analysis, and Recommendation. (04 :04: 15)
Mayor Carr opened the Public Hearing for this item .
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:
# 28 (21-723) A PowerPoint presentation titled Killarney's Rooftop Dining submitted by Ursula Luna-
Reynosa, Director of Community Development.
A letter and design packets submitted by Leigh Lupinacci, Baja Sharkeez Restaurant
Group, regarding Killarney's Rooftop Dining.
Ron Newman, Co-Owner of Killarney's Restaurant and Pub, was called to speak and shared how similar
improvements at their businesses in Hermosa Beach brought in a new crowd and encouraged
neighboring businesses to upgrade their businesses as well. Mr. Newman stated the intent is to provide
a unique setting for full -service dining , drinking, social events, and private parties . If approved , the plan
is to also make significant menu upgrades . (04: 12:21)
Gregg Newman, Co-Owner of Killarney's Restaurant and Pub was called to speak and described some
of the specific improvements planned for their establishment including two stairways and an elevator,
plus furnishings and seating on the rooftop. (04: 15:22)
Jeff Bergsma, Applicant Architect for this project, was called to speak and shared he has been involved
with Downtown restaurants for the last 20 years . He explained the 10 PM closing really relates to those
businesses closer to residential neighborhoods with many Main Street closures at 12 midnight, and some
patio dining open until 2 AM. (04:18:28)
Caller #6465 , Michelle Halogan, a long -time Huntington Beach resident, was invited to speak and stated
her support for this fabulous addition to Downtown dining options, and setting the closure to 12 midnight.
(04 :20 :39)
There being no more Public Speakers, Mayor Carr closed the Public Hearing.
Mayor Carr confirmed with the Co-Owners that the space would be open to the publ ic, unless it has been
previously reserved for private use, and the procedures for monitoring the number of patrons. Gregg
Newman stated realistically they will most likely spend $1.3M -$1.5M on rooftop improvements, and
noted that the ground floor restaurant improvements have already been completed .
Mayor Pro Tern Delgleize and Gregg Newman discussed the option to possibly add a re tractabl e awning
on the rooftop if needed and confirmed Killarney's is adjacent to commercial properties . Mr. Newman
stated addi ng the stairs and elevator will decrease floor space on the ground floor. (04:24: 13)
Council/PFA Regular Minutes
October 19, 2021
Page 19 of 26
Councilmember Posey explained he appealed this item because the Planning Commiss ion approved the
project with a 10 PM closing time, and added that Third and Fifth Streets buffer Main Street and therefore
a 12 midnight closure should apply to this project. He discussed the sunset of the City's emergency
declaration and the effects on outdoor dining in the public right-of-way , and his support for the proposed
improvements that will result in rooftop dining before the summer of 2022 .
A motion was made by Posey, second Delgleize , to approve staff's recommendation that the City Council
take the following actions : Find the proposed project exempt from the California Environmental Quality Act
pursuant to Section 15332 of the CEQA Guidelines ; and, approve Entitlement Plan Amendment No. 21-001
with findings and conditions of approval.(04:26:36)
Councilmember Kalmick stated he was a member of the Planning Commission , wh ich supported allowing
the Commission the option to waive items so they would not require Council approval. He further stated
as he reads the plans occupancy is 130, not 60. Councilmember Kalmick stated his opposition to a 12
midnight closure as currently the ground-level Main Street dining establishments have a 10 PM closure.
He stated support for approving a 1 O PM closure initially, and re-evaluating the situation to consider a 12
midnight closure in the future. (04:29 : 18)
Gregg Newman confirmed the original plan was for using the whole rooftop area for serving w ith a
capacity of 130 as Councilmember Kalmick stated. However, the plan was adjusted to just use about
two-thirds of the space and unfortunately, the occupancy number was not updated in the plans.
Lead Planner Beckman clarified that the plans do state 130 occupants, however the final occupancy
number is calculated on square footage , and when it comes time for building permits and certificates of
occupancy , the final number would be subject to review and determined at that time.
Mayor Carr expressed her concern for knowing the actual number of occupants with this action , and
Chief Assistant City Attorney Vigliotta stated there would have to be an additional amendment to the
Entitlement Plan Amendment to specify number of occupants as a condition of approval.
Gregg Newman stated they would be willing to agree to an occupancy of 65 for the rooftop deck, and
Councilmember Posey amended his motion and Mayor Pro Tern Delgleize stated her support for the
change .
The original motion made by Posey, second Delgleize was restated to approve staff recommendations
that the City Council take the following actions : find the proposed project exempt from the California
Environmental Quality Act pursuant to Section 15332 of the CEQA Guidelines; and, approve Entitlement
Plan Amendment No. 21-001 with findings and conditions of approval , as amended to cap rooftop
dining area capacity at 65.
The motion as amended carried by the following vote :
AYES:
NOES :
ABSENT:
Bolton , Delgleize, Carr, Posey, and Moser
Kalm ick
Peterson
ADMINISTRATIVE ITEMS
Council/PFA Regular Minutes
October 19, 2021
Page 20 of 26
29. 21-593 Approved Recommendations to Reconfigure a Select Number of City Boards,
Commissions, and Committees
City Manager Chi presented a PowerPoint communication titled City of Huntington Beach Board,
Commission, & Committee (BCC) Review and Reconfiguration, with slides entitled Today's Agenda;
Background -Why Reviews of BCCs; Background -Current BCC Structure; Ad-Hoc City Council
Committee Formed To Assess BCC Structure; Proposed Recommendations By Category; Dissolution;
Consolidation (2); Reformation (4); Major Highlights (2); Municipal Code Chapter 2.100-Operating
Policies for BCCs; and Request for Council Actions.
Councilmember Posey and City Manager Chi discussed previous inconsistencies in monitoring terms of
service , and that going forward the regulations will be followed.
Councilmember Posey commended staff and the Ad Hoc Committee for their effort to maximize
transparency, avoid duplication and better define the purpose of each Board, Commission and
Committee.
Mayor Carr thanked staff for the hours of time spent on this effort reviewing by-laws and increasing
efficiencies. She noted that the Boards , Commissions and Committees allow residents to become
involved in local government, and stated she personally became aware of many vacancies through this
process .
A motion was made by Carr, second Posey to consider the Ad-hoc Committee 's ten recommendations
to reform, consolidate and/or dissolve a select number of BCCs, as outlined in the staff report below;
and, after review, direct staff to develop the appropriate Resolution(s), Ordinance(s), and/or documents/
reports necessary to implement City Council directed adjustments ; and, direct City Council Liaisons and
staff to review and enforce service terms for all citizen appointees ; and , direct staff to plan an
appropriate event annually to recognize citizen appointees who will be retiring for their contribution and
provide continued trainings.
Councilmember Moser expressed her appreciation especially for the recommendation to add a Disability
Advisory Committee , but recommending it be a stand-alone versus subcommittee, and also to celebrate
and acknowledge all the volunteers.
Council member Moser and Mayor Carr discussed their thought process for changing the Environmental
Board 's title to "Sustainability" Board . Mayor Carr, after receiving feedback on the recommended
change , amended her motion to retain the title of "Environmental" versus "Sustainability" Board .
Councilmember Moser expressed her excitement as the new liaison to the 4th of July Board .
Council member Kalmick expressed his appreciation to staff for the research it took to reach these
recommendations , and suggested the Environmental Board be changed to the Environmental and
Sustainability Board; that the Disability Advisory Committee be stand-alone, rather than a subcommittee
under Public Works ; and staff return to Council in a year with a status report on if the Boards,
Commissions and Committees are functioning as expected, or if further changes are needed . Mayor
Carr and Councilmember Posey voiced no objections to Councilmember Kalmick's suggested revisions.
Council/PFA Regular Minutes
October 19, 2021
Page 21of26
A original motion made by Carr, second Posey was restated to consider the Ad -hoc Committee's ten
recommendations to reform , consolidate and/or dissolve a select number of BCCs , as outlined in the
staff report below; and , after review, direct staff to develop the appropriate Resolution(s), Ordinance(s),
and/or documents/reports necessary to implement City Council d irected adjustments; and, direct City
Council Liaisons and staff to review and enforce service terms for all citizen appointees; and, direct staff
to plan an appropriate event annually to recognize citizen appointees who will be retiring for their
contribution and provide continued trainings , as amended to revise the Environmental Board title to
the Environmental and Sustainability Board; Disability Advisory Committee to be formed as a
stand-a/one committee with potentially 7 at-large members; and return to Council in one year with
a status report,
The motion as amended carried by the following vote:
AYES:
NOES:
ABSENT:
Bolton, Delgleize, Carr, Posey, Moser, and Kalmick
None
Peterson
Pursuant to Resolution No. 2015-46 , a motion was made by Kalmick, second Posey , to continue the
meeting after the 11 :00 PM hour for action on agenda items 30-36 . The motion carried by the following
vote:
AYES:
NOES :
ABSENT:
Bolton, Delgleize , Carr, Posey, Moser, and Kalmick
None
Peterson
30. 21-687 Adopted Resolution No. 2021-52 authorizing the establishment of 15 miles per hour
school zone speed limit on Oak Lane between Cypress Drive to Mandrell Drive
City Manager Chi introduced Traffic Manager Bob Stachelski who presented a brief overview of the item ,
which is just one of several changes being recommended to enhance neighborhood safety. Engineer
Stachelski explained this item can be approved through a resolution, rather than requ iring an ordinance ,
because the speed limit is effective only during school hours.
Mayor Pro Tern Delgleize and Manager Stachelski d iscussed that not only will the posted speed limit
signs change, but neighborhood crosswalks will also be enhanced .
Mayor Carr confirmed with Manager Stachelski that the school zone speed limit signs would be placed
on Mandrell Drive before Oak Avenue , and on Cypress Drive at Oak Avenue.
Councilmember Moser and Manager Stachelski discussed the traffic speed samplings, wh ich were
recorded through tubes on the street over six days.
A motion was made by Delgleize , second Bolton to adopt Resolution No . 2021-52, "A Resolution of the
City Council of the City of Huntington Beach Authorizing the Establishment of 15 miles Per Hour School
Zone Speed Limit on Oak Lane Between Cypress Drive and Mandrell Drive ."
The motion carried by the following vote:
AYES:
NOES:
Bolton , Delgleize, Carr, Posey, Moser, and Kalmick
None
ABSENT: Peterson
ORDINANCES FOR INTRODUCTION
Council/PFA Regular Minutes
October 19, 2021
Page 22 of 26
31. 21-682 Approved for introduction Ordinance No. 4237 amending Huntington Beach
Municipal Code Chapter 10.12 relating to speed limits on Atlanta Avenue between
Huntington Street and Beach Boulevard
City Manager Chi introduced world renowned Traffic Manager Bob Stachelski who explained this item is
updating speed limits because of the recent widening and improvement of Atlanta Avenue between
Delaware and Huntington Streets, and improved paving from Delaware to Beach Boulevard. He
explained that State law requires review of speed limits when street configurations change .
Councilmember Kalmick and Manager Stachelski discussed AB 43, just signed by Governor Newsom,
which changes some of the rules on how speed limits are set, and it is not clear when this Assembly bill
will become effective , but it will not nullify any speed limits set prior to its implementation.
A motion was made by Kalmick, second Posey to after the City Clerk reads by title, approve for
introduction Ordinance No. 4237, "An Ordinance of the City of Huntington Beach Amending Chapter
10.12.080 of the Huntington Beach Municipal Code Relating to Speed Limits."
The motion carried by the following vote:
AYES :
NOES:
ABSENT:
Bolton , Delgleiz e , Carr, Posey, Moser, and Kalmick
None
Peterson
32. 21-753 Approved for Introduction Ordinance No. 4238 amending Chapter 5.120 of the
Huntington Beach Municipal Code regulating Short-Term Rentals (STR)
City Manager Chi introduced Planning Manager Jennifer Villasenor, attending via Zoom, who stated this
item is presented as directed by City Council on September 21, 2021, to give Sunset Beach short-term
rental operators a year from the effective date of the Ordinance to acquire a permit.
Mayor Carr confirmed with Planning Manager Villasenor that the end date for Sunset Beach operators to
get an un-hosted permit is March 1, 2022, after which they would be managed by hosted regulations;
and hosted permits, must be acquired by December 31, 2021.
Mayor Carr expressed her interest in consistency with just one ending date. There was discussion on
whether the item should return to staff for review and language clean-up if the date is changed .
Planning Manager Villasenor stated that the Ordinance only spells out the Sunset Beach date, and
changing the other date would not require an Ordinance update. City Manager Chi confirmed the delist
date is policy driven . City Attorney Michael Gates confirmed that the Ordinance is current as presented.
Mayor Pro Tern Delgleize and City Manager Chi discussed issues hosts are coming across in meeting
current building codes, and clarified that only un-hosted short-term rentals are allowed citywide outside of
Sunset Beach . Planning Manager Villasenor stated that the inspection requirements were fine-tuned
with the Ad Hoc Committee working with applicants to make them less onerous.
A motion was made by Carr, second Delgleize to, after the City Clerk reads by title, approve for
introduction Ordinance No. 4238 , "An Ordinance of the City Council of the City of Huntington Beach
Council/PFA Regular Minutes
October 19, 2021
Page 23 of 26
Amending Chapter 5.120 of the Huntington Beach Municipal Code Regulating Short-Term Rentals," as
amended to change the date to March 1, 2022, for both hosted and un-hosted short-term rentals .
A substitute motion was made by Kalmick, second Posey to after the City Clerk reads by title, approve
for introduction Ordinance No . 4238, "An Ordinance of the City Council of the City of Huntington Beach
Amending Chapter 5.120 of the Huntington Beach Municipal Code Regulating Short-Term Renta ls."
The motion carried by the following vote:
AYES :
NOES:
ABSENT:
Bolton , Delgleize , Carr, Posey, Moser, and Kalmick
None
Peterson
COUNCILMEMBER ITEMS
33. 21-745 Item Submitted by Mayor Carr and Councilmember Moser Approved -Request that
the City recognize October as National Bullying Prevention Month, while reaffirming
our City's commitment against bullying
Councilmember Moser described the purpose of this item is to increase awareness and impact,
especially on ch ildren, and provide an opportunity to promote kindness , acceptance , respect and
inclusion. She stated there are multiple resources available for addressing issues of bullying , and local
school districts educate their students on the issue . Councilmember Moser added t hat adults should
model appropriate behavior and engagement through civil conversations; and it is not appropriate to
create hostile environments with the intention of silencing anyone else or creati ng a disruption .
Mayor Carr stated one goal is to provide civil and polite environments where people feel e ncoura ged to
state their diverse opin ions rather than a toxic environment, wh ich constituents do not want to participate
in , whether those meetings are for Councilmembers , City Boards, Committees and Commiss ions or
community area meetings. Mayor Carr added that passion and dissenti ng points of v iew are important,
but there needs to be an effort to act and speak with civility and respect.
A motion was made by Moser, second Carr to recommend the City Council endorse an ongoing
commitment to addressing bullying in all its forms by recogni z ing October as National Bullying Prevention
Month , and that we reaffirm the City's Commitment to its 2012 Proclamation of the City Coun ci l Against
Bullying .
The motion carried by the following vote:
AYES :
NOES :
ABSENT:
Bolton , Delgleize, Carr, Posey , Moser, and Kalmick
None
Peterson
34. 21 -746 Item Submitted by Mayor Pro Tern Delgleize and Councilmember Kalmick Approved
-Update our Residential Street Paving Plan to enhance our Street Maintenance
Cycles
Mayor Pro Tern Delgleize and Director of Public Works Sean Crumby discussed the analysis in getting
started to determine how much reduction can be made in the current 12-year cycle for residential street
paving .
Council/PFA Regular Minutes
October 19, 2021
Page 24 of 26
Councilmember Kalmick stated appreciation to Assistant City Manager Travis Hopkins (former Public
Works Director) and former City Counci lmembers for keep ing a focus on the issue and certainly
improving the process, and he looks forward to even more improvement s and more speedy service .
Director Crumby stated the 12-year cycle was originally determined by budget constraints, but the
concrete and paving work completed does decrease maintenance costs going forward . Director Crumby
stated that the average condition of street pavement 12 years ago was at 71-72 (on a scale of 1 -100
with 100 representing new pavement), and at the end of the program the rating is 79 .
Councilmember Kalmick clarified that Beach Boulevard and Pacific Coast Highway are not maintained by
the City .
Councilmember Posey requested that Downtown alleys be included in the master plan , as in his opinion
that is where the wo rst street cond itions e xist. Di rector Crumby stated that staff is looking at funding
sources eve ry year for addressing the alleyways .
Council member Kalm ick stated that alleyways throughout the C ity, not just the Downtown , need
attention .
A motion was made by Kalmick , second Delgleize t o approve the staff recommended action that the City
Council direct the City Manager to begin working with Public Works on updating the City's existing street
zone maintenance program , with an emphasis placed on finding ways to reduce the number of years
between street maintenance cycles while maintaining a high PCI.
The motion carried by the following vote :
AYES:
NOES:
ABSENT:
Bolton , Delgleize, Carr, Posey , Moser, and Kalmic k
None
Peterson
35. 21-794 Item Submitted by Councilmember Posey Withdrawn -Evaluate the Feasibility of
Monetizing City Owned Street bight and Traffic Signal Pole Infrastructure
Council member Posey introduced this item to evaluate if there is something d ifferent that can be done to
generate some revenue , and withdrew the item from Council consideration because he believes it is a
good topic for the Smart Cities and Technology Committee to review and report back on .
36. 21-795 Item Submitted by Mayor Carr and Councilmember Moser Approved -Adopted
Resolution No. 2021 -61 for a Permanent Ban on New Offshore Oil, Gas Drilling, and
Similar Exploration Activities off the Coast of California
Mayor Ca r r introduced th i s item by reviewing the events of the last couple of weeks , and stated that
though this incident was not as disastrous as it could have been , it is t ime to become more forwa rd-
thinking . She e x plained her opinion that forward thin king includes looking at the cosUbenefit analys is for
bo t h t he tourist and gas/oil industries , and it becomes qu ite apparent that the tourist industry brings in on
average about $16M annually versus the gas/oil industry at less than $700,000 . She stated this is a good
first step to formally state support for a permanent ban .
Councilmember Moser shared her thoughts that the recent oil spill , which wasn't as disastrous as it was
originally expected, does provide an opportunity to make wise decisions going forward . She stated her
Council/PFA Regular Minutes
October 19, 2021
Page 25 of 26
support for a broader decommissioning of the aging oil systems off the coast, but this resolution is a
good start in the right direction for moving forward with intention .
Mayor Pro Tern Delgleize stated her support for this resolution, and her desire to dig deeper into ways to
ensure the existing oil infrastructure is properly maintained and kept as safe as possible.
Councilmember Posey stated he cares deeply about the beaches and ocean , and added the fact that in
the Santa Barbara area, up to 25,000 gallons of oil naturally seeps out of the seabed each day. He
stated his support for actions to prevent an accidental spill from man-made equipment, but his difficulty
with this item is that the City has no jurisdiction over leases that are signed or granted by the State or the
U.S. Government.
Councilmember Posey noted that the City is being proactive by joining the Orange County Power
Authority to give consumers and businesses a choice in energy supply, and to help drive the demand for
renewable energy such as wind, solar and battery storage. He stated his opinion that as demand for
renewable energy increases, fossil fuel use will naturally decline.
Councilmember Posey further shared his concern about putting economic impact and threat of potential
litigation in writing as additional reasons he cannot support this resolution.
Councilmember Bolton stated she certainly agrees that offshore leases are not within the City's
jurisdiction , and shared that in the previous day's hearing on the latest oil spill incident it was made clear
that the opinions of impacted localities are important. She further explained that her review of the
Deepwater Horizon spill from 2010 made it evident that nothing has changed in the industry since then,
and her support of this resolution is a step in the right direction .
Councilmember Kalmick stated this is a great first step in the right direction, and it has his support .
Mayor Pro Tern Delgleize acknowledged Councilmember Posey's comments , but stated she sees the
need to encourage action rather than waiting for the marketplace to change, especially since it is
possible to do better with existing technology.
Councilmember Moser stated that even though the City does not have jurisdiction, advocacy for the
environment, community and the future is required.
Mayor Carr stated that just looking at the issue from an economic perspective, the status quo is not a
viable option , and any forward-thinking city needs to move away from antiquated technology.
A motion was made by Carr, second Moser to recommend that the City Council set aside City Council
Manual procedure to adopt the attached Resolution in support of a permanent ban on new offshore oil ,
gas drilling and similar exploration activities off our coasts and vote to adopt it, as is.
City Clerk Estanislau stated for the record that the Resolution would be numbered 2021-61.
The motion carried by the following vote:
AYES:
NOES:
ABSENT:
Bolton, Delgleize, Carr, Moser, and Kalmick
Posey
Peterson
COUNCILMEMBER COMMENTS (Not Agendized)
Council/PFA Regular Minutes
October 19, 2021
Page 26 of 26
Councilmember Posey reported on the Orange County Tax Payer Association's Roses and Radishes
event, which recognizes cities , organizations, and ind ividuals w ith a rose for a ta x fighting perspective, or
a radish for a tax increasing perspective . He added that Huntington Beach was not nominated for
acknowledgment this year.
Councilmember Moser reminded everyone this is Breast Cancer Awareness month, and shared the
importance of keeping discussions going . In tha t effort she announced that she and her breast oncology
su rgeon Dr. Lisa Guerra w ill be broadcasting and recording a discuss ion, wh ich w ill be ava ilable on the
Ci t y's Facebook and You Tube pages.
ADJOURNMENT -12: 10 AM to the next regularly scheduled meeting of the Huntington Beach City
Council/Public Financing Authority on Tuesday, November 2 , 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. h untingtonbeachca. gov
ATTEST:
\City Clerk-Secretary
C ity Clerk and e x-officio C lerk of the City Council
of the City of Huntington Beach and Secretary of
the Public Financing Authority of the City of
Hunt ington Beach , California
Mayor-Chair