HomeMy WebLinkAbout2021-11-02Minutes
City Council/Public Financing Authority
City of Huntington Beach
Tuesday , November 2,202 1
4:00 PM -C losed Session
6:00 PM -Regular Meeting
Counc il Chambers , 2000 Main Street
Hun t ington Beach , Californ ia 92648
or via Zoom Web i nar
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
Present:
Absent:
Peterson, Bolton , Delgleize , Carr, Posey , Moser, and Kalmick
None
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS PERTAINING TO CLOSED SESSION
ITEMS (Received After Agenda Distribution) -None
PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS (3 Minute Time Limit) -None
A motion was made by Posey , second Delgleize to recess to Closed Session fo r Items 3 -10 , and one
New Item (21 -8830). With no objections, the motion carried .
RECESSED TO CLOSED SESSION -4 :01 PM
CLOSED SESSION ANNOUNCEMENT(S)
1. 21 -815 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. 21-825 Mayor Pro Tern Delgleize Announced: Pursuant to Government Code§ 54957 .6,
the City Council takes this opportunity to designate Mayor Carr, as labor
negotiator regarding Unrepresented Employee, Oliver Chi, City Manager
Council/PFA Regular Minutes
November 2, 2021
Page 2of17
CLOSED SESSION
3. 21-811 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; OCSC Case No. 30-2019-
01107760.
4. 21-812 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.
5. 21-813 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of
subdivision (d) of Section 54956.9). Name of case: City of Huntington Beach v.
State of California (SB35, et al.); OCSC Case No. 30-2019-01044945.
6. 21-814 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).
7. 21-818 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of
subdivision (d) of Section 54956.9). Name of case: Sheibe (Donna Mae) v. City of
Huntington Beach, et al.; OCSC Case No.: 30-2020-01143653.
8. 21-819 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of
subdivision (d) of Section 54956.9). Name of case: Jauregui (Roberto) v. City of
Huntington Beach; OCSC Case No. 30-2020 -01130558.
9. 21 -820 PUBLIC EMPLOYMENT OF CITY MANAGER/EMPLOYEE PERFORMANCE
EVALUATION. (Paragraph (1) of subdivision (b) of Section 54957.) Name/Title:
Oliver Chi, City Manager.
10. 21-821 CONFERENCE WITH LABOR NEGOTIATORS (Unrepresented Employee)
Government Code section 54957.6. Name/Title: Oliver Chi, City Manager, City
Designated Representative: Carr, Mayor
New 21-830 CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION. Significant
Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section
54956.9: Number of cases, one (1).
6:00 PM -COUNCIL CHAMBERS
RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING -6:00 PM
ROLL CALL
Council/PFA Regular Minutes
November 2, 2021
Page 3of17
Present:
Absent:
Peterson , Bolton, Delgleize, Carr, Posey , Moser, and Kalmick
None
PLEDGE OF ALLEGIANCE -Led by Councilmember Peterson
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.
11 . 21-789 Mr. Charles Niederman of Temple Beth David, Westminster and member of the
Greater Huntington Beach Interfaith Council
CLOSED SESSION REPORT BY CITY ATTORNEY-City Attorney Michael Gates reported that
by a Closed Session vote of 7-0, the City Council authorized the City Attorney to file an Appeal
to the State Court's Order in Californians for Homeownership, Inc. v. City of Huntington Beach,
OCSC Case No. 30-2019-01107760; and California Renters Legal Advocacy and Education
Fund/THDT Investment, Inc. v. City of Huntington Beach, OCSC Case No. 30-2020-01140855.
Also, by a Closed Session vote of 6-0-1 (Bolton -Abstain), the City Council authorized the City
Attorney to file an Appeal to the State Court's Order awarding Attorney's fees to the intervener,
Kennedy Commission, in City of Huntington Beach v. State of California, OCSC Case No. 30-
2019-01044945.
CITY MANAGER'S REPORT
New 21-829 Withdrawn·trom Consideration Huntington Beach Corner Market Code
Enforcement Update
City Manager Oliver Chi announced that based on current discussions with Huntington Beach Corner
Market owner and proprietor regarding Code Enforcement issues, it appears there is amicable
resolution in process. Therefore, the item is being withdraw in anticipation of a report of a few
weeks. City Manager Chi stated that the business owner agreed to working amicably to resolve the
issues, rather than having a public debate tonight.
AWARDS AND PRESENTATIONS
12. 21-605 Mayor Carr presented certificates to the City of Huntington Beach Citizens
Academy participants who completed the City's 4th Annual Academy
Mayor Carr and Mayor Pro Tern Delgleize introduced the participants who completed the City's 4th
Annual Citizen's Academy and handed them their Certificate of Completion .
Mayor Pro Tern Delgleize described her support for developing this program and encouraged residents
to participate.
Council/PFA Regular Minutes
November 2, 2021
Page 4of17
Mr. Nick Chambers, Citizen's Academy graduate, thanked City staff for their efforts to offer an excellent
program, and renewing his love for Huntington Beach and its culture .
13. 21 -808 Mayor Carr proclaimed November as National American Indian Heritage Month
Mayor Carr stated that in the early 1900's the Boy Scouts were instrumental in acknowledging the
heritage of American Indians, and in 1994 November was designated as the month of recognition .
Mayor Carr announced that the Human Relations Committee has compiled short educational videos for
Channel 3 TV and the City's You Tube channel in recognition of National American Indian Heritage
Month .
14. 21-809 Mayor Carr proclaimed November 7 to 13 as National Nurse Practitioner Week and
presented a proclamation to representatives from Huntington Beach Hospital
Mayor Carr introduced Mr. Rick Rowe , CEO of Huntington Beach Hospital, and Nurse Practitioners
Huroku Moragutchi and Winnie Tran, to acknowledge National Nurse Practitioner Week. Mayor Carr
explained that Nurse Practitioners expand the network of qualified professionals who can provide
medical care.
Mr. Rowe acknowledged Ms . Moragutchi and Ms . Tran for representing the tremendous effort that they
and their co-workers at Huntington Hospital provide in supporting the physicians.
15. 21-828 Mayor Carr accepted a donation, on behalf of the City, from Warriors with Hope to
install a second Mobi Mat that improves beach access for individuals with
disabilities
Mayor Carr introduced Jami & Bo Marseilles, who presented a check for $10,000 . Ms . Marseilles
stated that this donation, to install a second Mobi Mat in Huntington Beach , is in memory of her father-
in-law, Chris Marseilles, who surfed locally for the last 50 years until his recent passing .
Ms. Marseilles described some of the ways that Warriors with Hope support people with cancer and
dealing with prosthetics through their annual golf tournament fundraisers at Huntington Club (formerly
Seacliff Club).
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution)
Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced supplemental
communications that were re ceived by her office following distribution of the Council Agenda packet:
City Manager's Report
New (21-829) Four (4) email communications received regarding Huntington Beach Corner Market.
Consent Calendar
#17 (21 -759) Memo submitted by the City Clerk identifying a revision to the City Council minutes
dated October 19 , 2021 .
#27 (21 -805) Email communication regarding adoption of Ordinance No . 4237 relating to speed limits
on Atlanta Avenue between Huntington Street and Beach Boulevard .
Administrative Items
Council/PFA Regular Minutes
November 2, 2021
Page 5of17
#29 (21-803) PowerPoint presentation entitled Financial Update and FY 2020121 Year End Budget
Adjustments submitted by Dahle Bulosan, Chief Financial Officer.
Councilmember Items
#30 (21 -826) Thirty-five (35) email communications regarding developing a plan and cost analysis to
move the City of Huntington Beach Municipal power consumption to 100% renewable
energy .
#31 (21-827) Email communication regarding divesting corporate bond holdings of fossil fuel
corporations received from Alisa Backstrom, City Treasurer.
Five (5) email communications regarding divesting corporate bond holdings of fossil fuel
corporations.
PUBLIC COMMENTS (3 Minute Time Limit) -18 In-Person and 3 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:llwww.surfcity-hb.org/governmentlagendas.
Leslie Gilson, 14-year Coordinator for Gibbs Butterfly Park, was called to speak , thanked City staff for
their assistance in creating this wonderful park and expressed appreciation for the opportunity to serve .
Ms. Gilson announced her resignation and stated that Betty Coeper is stepping into the Coordinator
position. Ms. Gilson also announced that the Huntington Beach Tree Society is funding the
enhancement of the four front pylons, and listed additional upgrades the City could provide for proper
upkeep.
Devin Dwyer, former City Councilmember, was called to speak and shared his opinion on how disputes
with local businesses should be handled by the City, with Code Enforcement being the arbitrator to help
solve issues, rather than as a tool used by an unsubstantiated accuser. He further stated his support
for this neighborhood business.
Barbara Howarth , a 37-year resident of Huntington Beach, was called to speak, stated her support for
Huntington Beach Corner Market , and shared her concerns about the inconsistencies of Code
Enforcement. She hopes a resolution is eminent as stated by City Manager Chi, and from her
perspective believes that some of the fines should be dismissed .
Dianna Orr, a neighbor of Huntington Beach Corner Market , was called to speak and stated her opinion
that this business has actually increased neighborhood property values . Ms. Orr encouraged an
equitable solution to ensure continued operation for the Huntington Beach Corner Market.
Brenda Titus was called to speak, shared her personal history of growing up in "sleepy, hometown"
Huntington Beach, stated her support for Huntington Beach Corner Market, and asked that
Council members stop what appears to be harassment of the owners.
Pano Frousiakis, Candidate for City Council in 2022, was called to speak and stated his support for all
small businesses of Huntington Beach, and the need for a City Council that is pro small business .
Council/PFA Regular Minutes
November 2, 2021
Page 6of17
Karen D'Abusco , a resident of Huntington Beach for 20 years , was called to speak and shared her
support for Huntington Beach Corner Market and their efforts to support a variety of charities. She
asked that the harassment of this neighborhood business stop.
Karen Kroeter was called to speak and shared her opinion that there should be more small business
owners like the owners of Huntington Beach Corner Market , and this small business should be
celebrated for the many ways they serve and unite the neighborhood .
Charles Niederman, Past President of Greater Huntington Beach Interfaith Council and Temple Beth
David Board , was called to speak and stated he was only representing himself in expressing support for
Councilmember Item No . 30 to develop a plan and cost analysis to consider using 100% renewable
energy. Mr. Niederman also stated his personal support for Councilmember Item No . 31 regarding
divesting corporate bond holdings of fossil fuel corporations .
Michelle Espinoza , a resident of Huntington Beach , was called to speak and stated her support for
Huntington Beach Corner Market and asked why Councilmembers, Code Enforcement and City
Development staff appear to be harassing this business, and listening to only one neighbor, rather than
working to support a local small business.
Paul Liguori , a 30-year resident of Huntington Beach, was called to speak and shared personal
neighborhood experiences at Huntington Beach Corner Market, and asked that Councilmembers get on
board with supporting this small business .
Guest, who remained unidentified , was called to speak and echoed agreement with all of the reasons
already stated to support Huntington Beach Corner Market, described as a true neighborhood
sanctuary.
Shaun Land , a nearly 30-year resident of Huntington Beach who lives in the Huntington Beach Corner
Market neighborhood, was called to speak and reviewed the history of businesses at that location ,
adding that the Corner Market serves the needs of the neighborhood by continuing to utilize the side
patio and offering tables and chairs out front. Mr. Land asked that the harassment of this business
stop.
Guest, who identified herself as the Mayor of Huntington Beach Corner Market, was called to speak
and shared her observations of closed , boarded-up businesses throughout the City and asked why the
Huntington Beach Corner Market is being harassed rather than supported by Councilmembers and
staff.
Diana Zimmer, a recent graduate of the Citizen's Academy , was called to speak and shared her
citizen's report on the performance of City departments, using the techniques she learned in her
Academy training . She also shared her opinion that Councilmember Kalmick, acting on behalf of a
political donor, is acting in tandem with Code Enforcement to harass the owners of the Huntington
Beach Corner Market.
Guest, who remained anonymous and is a 30-year resident, was called to speak and shared his
disappointment that "public servitude" has been lost along the way, and asked 1) for an independent
investigation into the actions by any City employee or Councilmember against Huntington Beach
Corner Market in the last several years, and 2) that Council members remember they were elected to
serve all of the citizens of Huntington Beach .
Council/PFA Regular Minutes
November 2, 2021
Page 7of17
Galen Pickett was called to speak and shared Councilmember position of majority opposition related to
SB 9 and SB 1 O at the May 3, 2021 , Council meeting. Mr. Pickett added his opinion that facing an
illegitimate recall, Councilmembers voted to tell the State that Huntington Beach wants to retain local
control over zoning for single-family housing.
Betty Flynn was called to speak and read a text message from Ashley, Owner of Huntington Beach
Corner Market, which Betty received after City Manager Chi stated earlier in the meeting that the item
was being withdrawn because it appears there is an amicable solution in process . Ashley asked Betty
to share publicly that nothing has been signed, or agreed upon.
Jignesh Padhiar was called to speak and quoted the first sentence of the U. S. Constitution , and stated
every Councilmember swore to uphold the Constitution . He added that if he remembers correctly,
Mayor Carr announced October as anti-bullying month, yet Councilmember Kalmick appears to be
pushing against the Corner Market. He shared his opinion that perhaps some Councilmembers are not
for the people, nor by the people, and after the Council Recall, will only be able to represent
themselves.
Caller Dan McDonald was invited to speak and stated he has not received a response to his email of
several weeks ago. He asked what Councilmembers could or plan do to ensure local control for local
land-use decisions, and to raise awareness of SB 9 and 10.
Caller Ayn Craciun, representing Climate Action Campaign, was invited to speak and thanked
Councilmembers Kalmick and Moser for bringing forward Councilmember Items #30 for a cost analysis
to move power consumption to 100% renewable energy, and Item #31 to divest corporate bond
holdings of fossil fuel corporations. She further asked that Council place an item on their agenda as
soon as possible to facilitate a discussion on making 100% renewable electricity the default product for
Huntington Beach through the OC Power Authority.
Caller Mark Sheldon, a 30-year+ resident of Huntington Beach , was invited to speak and stated his
support for Council member Item #30 regarding a cost analysis to move power consumption to 100%
renewable energy.
COUNCIL COMMITTEE -APPOINTMENTS -LIAISON REPORTS, AB 1234 REPORTING, AND
OPENNESS IN NEGOTIATIONS DISCLOSURES
Councilmember Kalmick reported having a conversation with the Huntington Beach Firefighter's
Association (HBFA), and attending a special meeting of the Southern California Association of
Government (SCAG) Emerging Technology Committee.
Councilmember Moser reported attending a session of the Citizen's Academy ; meeting with the new
Director of Mercy House; a Homeless Task Force meeting; the Mobi Mat installation; a Human
Relations Task Force Ad Hoc Committee meeting; a Huntington Beach Central Park Collaborative
meeting; and a Downtown Redesign stakeholder meeting .
CITY TREASURER'S REPORT
16. 21-781 Received and Filed the City Treasurer's September 2021 Quarterly Investment
Summary Report
Council/PFA Regular Minutes
November 2, 2021
Page 8of17
City Treasurer Alisa Backstrom presented a PowerPoint communication titled Quarterly Investment
Report, Quarter Ended: September 30, 2021 with slides entitled: Investment Portfolio -Summary,
Investment Portfolio -Investments By Type, Investment Portfolio -Quarterly Activity, Investment
Portfolio -Earnings, Interest Rates -US Treasury Rates, Selected Investment Policy Compliance
Requirements, and Summary.
Mayor Pro Tern Delgleize thanked City Treasurer Backstrom for detailing investment requirements of
safety, liquidity, and market rate return, which does limit where the City's funds can be invested .
Mayor Carr thanked City Treasurer Backstrom for her detailed quarterly reports, and confirmed that the
three Supra National Funds mentioned are the only ones approved by the California Government Code.
A motion was made by Kalmick, second Delgleize to receive and file the City Treasurer's Quarterly
Investment Report for September 2021, pursuant to Section 17.0 of the Investment Policy of the City of
Huntington Beach.
The motion carried by the following vote:
AYES :
NOES:
Peterson, Bolton , Delgleize, Carr, Posey, Moser, and Kalmick
None
CONSENT CALENDAR
Council member Peterson stated for the record a "No" vote for Consent Calendar Item No. 24.
17. 21-759 Approved and Adopted Minutes
A motion was made by Carr, second Delgleize to approve and adopt the City Council/Public Financing
Authority special meeting minutes dated October 4 , 2021 , the regular meeting minutes dated October
5, 2021 and October 19, 2021 , and the special meeting minutes of October 25, 2021, as written and on
file in the office of the City Clerk .
The motion carried, as amended by Supplemental Communication for minutes dated October 19,
2021, by the following vote :
AYES :
NOES:
Peterson , Bolton , Delgleize , Carr, Posey, Moser, and Kalmick
None
18. 21-743 Received and filed the City Clerk's quarterly listing of professional services
contracts filed in the City Clerk's Office between January 1, 2021 and June 30,
2021
A motion was made by Carr, second Delgleize to rece ive and file the "List of Professional Services
Contracts Approved by Department Heads and Submitted to the Office of the City Clerk during the
period of January 1, 2021 and March 31, 2021 ;"and, receive and file the "List of Professional Services
Contracts Approved by Department Heads and Submitted to the Office of the City Clerk during the
period of April 1, 2021 and June 30, 2021 ."
Council/PFA Regular Minutes
November 2, 2021
Page 9of17
The motion carried by the following vote:
AYES:
NOES:
Peterson, Bolton , Delgleize, Carr, Posey , Moser, and Kalmick
None
19. 21-801 Adopted Resolution No. 2021 -62 finding that the proclaimed state of emergency
continues to impact the ability to meet safely in person in compliance with new
Brown Act provisions identified in Assembly Bill 361
A motion was made by Carr, second Delgleize to adopt Resolution 2021-62, "A Resolution of the City
Council of the C ity of Huntington Beach Finding That the Proclaimed State of Emergency Continues to
Impact the Ability to Meet Safely in Person ."
The motion carried by the following vote :
AYES : Peterson, Bolton , Delgleize , Carr, Posey , Moser, and Kalmick
NOES: None
20 . 21-738 Approved and authorized the Police Department Technology Modernization
Project to include the execution of a five-year contract with Intergraph
Corporation (dba Hexagon) to upgrade the City's Computer Aided Dispatch I
Records Management System (CAD/RMS); and, appropriated funds for the
purchase of laptops, closed-circuit television cameras, mobile printers, public
engagement software applications, and conference room upgrades
A motion was made by Carr, second Delgleize to approve and authorize the Mayor and C ity Clerk to
take the follow ing actions: execute an agreement between the City of Huntington Beach and Intergraph
Corporation for the Integrated Policing System for Poli ce Computer Aided Dispatch I Re cords
Management System ; and , appropriate American Rescue Plan Act funding for related Police
Department Technology Moderniz ation Project components described herein ; and, authori z e the City
Manager to appropriate any project ex penses determ ined to be inelig ible under the American Rescue
Plan Act guidelines to the Technology Fund in an amount not to e xce ed $2 million .
The motion carried by the following vote :
AYES :
NOES :
Peterson , Bolton , Delglei z e, Carr, Posey, Moser, and Kalmick
None
21 . 21-797 Approved the Sole Source Justification with Dooley Enterprises for the ongoing
purchase of ammunition for the Huntington Beach Police Department (HBPD)
A motion was made by Carr, se cond Delgleize to approve the Sole Source Justification with Dooley
Enterprises for the ongoing purc hase of training and duty ammunition for HBPD personnel.
The motion carried by the following vote :
AYES:
NOES:
Pe terson, Bolton , Delgleize , Carr, Posey, Moser, and Kalmick
None
Council/PFA Regular Minutes
November 2, 2021
Page 10of17
22. 21-773 Approved and authorized execution of a Reinstatement and Second Amendment
to Site Access Agreement between the City and Chevron Environmental
Management Company (EMC) to conduct environmental work for City-owned
property located at 18477 Beach Boulevard
A motion was made by Carr, second Delgleize to approve and authorize the Mayor and City Clerk to
execute the "Reinstatement and Second Amendment to Site Access Agreement" between the City of
Huntington Beach and Chevron Environmental Management Company (EMC).
The motion carried by the following vote:
AYES:
NOES:
23. 21 -786
Peterson, Bolton, Delgleize, Carr, Posey, Moser, and Kalmick
None
Approved and authorized execution of Professional Services Contracts for On-
Call Construction Management and Engineering Services with Arcadis , U.S., Inc.,
Ardurra, Inc., Berg & Associates, Inc., Dudek, Psomas, RMA Group, Inc., Totum
Corp, and Wallace & Associates, Inc.
A motion was made by Carr, second Delgleize to approve and authorize the Mayor and City Clerk to
execute a $2 ,000 ,000 "Professional Services Contract Between the City of Huntington Beach and
Arcadis, U.S., Inc., for On-Call Construction Management and Engineering Services;" and , approve and
authorize the Mayor and City Clerk to execute a $2,000 ,000 "Professional Services Contract Between
the City of Hunti ngton Beach and Ardurra, Group, Inc., for On-Call Construction Management and
E ngineering Services;" and , approve and authorize the Mayor and City Clerk to e x ecute a $2,000,000
"Professional Services Contract Between the City of Huntington Beach and Berg & Associates, Inc., for
On-Call Construction Management and Engineering Services;" and, approve and authorize the Mayor
and City Clerk to e xecute a $2,000,000 "Professional Services Contract Between the C ity of Huntington
Beach and Dudek, for On-Call Construction Management and E ngineering Services;" and, approve and
. authorize the Mayor and City Clerk to execute a $2,000,000 "Professional Services Contract Bet ween
the City of Huntington Beach and Psomas, for On-Call Construction Management and Engineering
Services ;" and, approve and authoriz e the Mayor and City Clerk to execute a $2,000,000 "Professional
Services Contract Between the City of Huntington Beach and RMA Group, Inc., for On-Call
Construction Management and Engineering Services ;" and , approve and authorize the Mayor and City
Clerk to execute a $2,000,000 "Professional Services Contract Between the City of Huntington Beach
and Totum Corporation , for On-Call Construction Management and Engineering Services;" and,
approve and authorize the Mayor and City Clerk to e xecute a $2 ,000,000 "Professional Services
Contract Between the City of Huntington Beach and Wallace & Associates Consulting, Inc., for On-Call
Construction Management and Engineering Services."
The moti on carri ed by the following vote:
AYES:
NOES:
Peterson , Bolton, Delgleize, Carr, Posey , Moser, and Ka l mick
None
24. 21-787 Approved and authorized execution of an Exclusive Negotiating Agreement (ENA)
with Surf City Partners, LLC for 21 Main Street at the Huntington Beach Pier
Council/PFA Regular Minutes
November 2, 2021
Page 11of17
A motion was made by Carr, second Delgleize to approve and authorize the Mayor and City Clerk to
execute the "Exclusive Negotiating Agreement Between City of Huntington Beach and Surf City
Partners , LLC" to negotiate the terms of a lease agreement for 21 Main Street.
The motion carried by the following vote :
AYES :
NOES :
Bolton, Delgleize , Carr, Posey, Moser, and Kalmick
Peterson
25. 21-793 Authorized execution of documents for permanent highway and temporary
construction easements to Caltrans for Transportation Improvement Project State
Route 1 -PCH and Main Street
A motion was made by Carr, second Delgleize to authorize the Mayor to execute "Easement Deed
Highway" "Certificate of Occupancy and Receipt of Relocation Information" "Right of Way Contract" and
"Right of Entry Form" for the transfer of property rights for the subject project easements.
The motion carried by the following vote :
AYES :
NOES :
Peterson , Bolton, Delgleize , Carr, Posey, Moser, and Kalmick
None
26. 21-804 Adopted Ordinance No. 4236 approving Zoning Map Amendment No. 20-002
(Gisler Residential -21141 Strathmoor Lane)
Approved for introduction 10/19/2021, Vote: 6-0-1 (Peterson-Absent)
A motion was made by Carr, second Delgleize to adopt 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 Strathmoor Lane from Public-Semipublic (PS) to Residential Low
Density (RL) (Zoning Map Amendment No. 20-002.)" (Attachment No. 3)
The motion carried by the following vote:
AYES : Peterson, Bolton, Delgleize, Carr, Posey , Moser, and Kalmick
NOES: None
27. 21-805 Adopt Ordinance No. 4237 amending Huntington Beach Municipal Code Chapter
10.12 relating to speed limits on Atlanta Avenue between Huntington Street and
Beach Boulevard
Approved for introduction 10/19/2021, Vote: 6-0-1 (Peterson-Absent)
A motion was made by Carr, second Delgleize to adopt 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 :
Peterson, Bolton, Delgleize , Carr, Posey, Moser, and Kalm ick
None
Council/PFA Regular Minutes
November 2, 2021
Page 12of17
28. 21-806 Adopted Ordinance No. 4238 amending Chapter 5.120 of the Huntington Beach
Municipal Code regulating Short-Term Rentals (STR)
Approved for introduction 10/19/2021, Vote: 6-0-1 (Peterson-Absent)
A motion was made by Carr, second Delgleize to adopt 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 Rentals ." (Attachment No. 1)
The motion carried by the fo llowing vote:
AYES:
NOES:
Peterson, Bolton, Delgleize, Carr, Posey, Moser, and Kalmick
None
ADMINISTRATIVE ITEMS
29. 21-803 Approved Fiscal Year 2020/21 Year End Budget Adjustments, Inter-Fund
Transfers, and Assignment
City Manager Chi introduced Chief Financial Officer (CFO) Dah le Bulosan who presented a PowerPoint
communication titled Financial Update & FY 2021121 Year End Budget Adjustments with slides entitled:
OveNiew, City Financial Update, Huntington Beach Is In A Terrific Financial Position, Current & Prior
Year Surpluses Projected, FY 2020121 Year End Budget Adjustments, Year End Budget Adjustment
Requests, General Fund Adjustments, Community Development Appropriation, Fourth of July Fund,
Infras tructure Fund, Equipment Replacement Fund, Litigation ReseNe Funding, Current Year General
Fund Surplus with Year End Adjustments, Other Fund Adjustments, What's on the Budget Horizon?,
Recommended Action, and Questions?
Councilmember Peterson confirmed with CFO Bu losan that the public could continue to make a tax-
deductible donation to the 4th of July parade.
Councilmember Posey and CFO Bulosan discussed that 4th of July funding is typically funded by
parking revenues . Director of Community and Library Services Chris Slama stated t hat the General
Fund amount is expected to cover the two contracts that Council approved to help run the event.
Councilmember Posey and City Attorney Mi c hael Gates discussed Litigation Reserves and City
Attorney Gates stated appeals are in process hoping to reduce the Kennedy Commission and SB35
fees, and the budgeted $3.65 million is adequate to cover both cases. Councilmember Posey read the
title of a published article from Community Legal Aide, Southern California, which stated that the
Kennedy Commission was awarded $3 .5M in attorney fees, and questioned if $3.65M is enough to
cover both cases. City Attorney Gates replied that was in inaccurate report and stated he would provide
Councilmembers with correct information .
Councilmember Posey and City Manager Chi discussed how actual outside litigation costs can always
impact the budget and City Manag er Chi stated that the $3.65M for this discussion is not the total
litigation fund, but represents transfer of surplus funding from the past year to fund upcoming known
adverse judgments. The total litigation budget, which is determined during the annual budget process,
is usually around $1 OM .
Council/PFA Regular Minutes
November 2, 2021
Page 13of17
Councilmember Posey requested that litigation reserves and projections be part of all budget reviews in
the future.
Mayor Carr confirmed with CFO Bulosan that the current Litigation Reserves budget has about $1 OM ,
and these additional funds of $3.65M will be added to that for a total of nearly $14M.
Mayor Pro Tern Delgleize and CFO Bulosan discussed in general that current investments and
stabilized fixed costs should provide sustained surpluses moving forward under normal circumstances.
Mayor Carr thanked staff and applauded fellow Councilmembers for making the tough decisions related
to the pension obligation bond , and investing in infrastructure, which will pay long-term dividends.
A motion was made by Posey, second Delgleize to approve the year-end inter-fund transfers for the
Fiscal Year 2020/21 Revised Budget in the Funds and by the amounts contained in Attachment 1; and,
increase appropriations for the FY 2020/21 Revised Budget by $13,225,591 in the Funds and amounts
contained in Attachment 1 and associated carryovers to reconcile the budget with actual expenses
incurred. Approve the assignment of $3,650,000 in the General Fund for Litigation Reserves .
The motion carried by the following vote :
AYES:
NOES:
Peterson , Bolton, Delglei ze, Carr, Posey, Moser, and Kalmick
None
COUNCILMEMBER ITEMS
30. 21-826 Item Submitted by Councilmember Kalmick Approved -Develop A Plan and Cost
Analysis to Move the City of Huntington Beach Municipal Corporation's Power
Consumption to 100% Renewable Energy
Councilmember Kalmick e xplai ned that some residents and community activists have asked about
moving to 100% renewable energy, and added that there really isn't enough data to understand what
that would look like. He stated that Southern California Edison (SCE) would be tasked to provide timing
and cost for moving the City operations , not residential use, to 100% renewable energy. The Orange
County Power Authority (OCPA) rate and timing would also be considered. He added that there
currently isn't enough accurate information to determine whether such a move would be beneficial or
prohibitive.
Mayor Pro Tern Delgleize confirmed with Councilmember Kalmick that information would be requested
for only Huntington Beach Corporate (City) power usage, to evaluate if the idea is financially feasible ,
and this effort would not impact any choices for the residents.
Mayor Carr stated she would like to see this effort as part of the City's Sustainability Master Plan , and
that the data be reviewed by the Environmental and Sustainability Board. Mayor Carr shared her
concern whether the data collected in the next 60 to 90 days would remain accurate and timely for
future projects , and stated her support for the effort as long as the information is reviewed by the
appropriate boards and commissions for their input as well. Councilmember Kalmick stated his support
for getting as many eyes as possible on the data as an important part of the process .
'
Council/PFA Regular Minutes
November 2, 2021
Page 14of17
Councilmember Posey stated his support, and that he will share the OCPA Board data including future
projections. He further stated that currently OCPA is still looking into resource adequacy, confirming
where it will come from, if there is enough supply to meet the demand , and the cost. In addition, he
noted that the City is currently using solar panels, selling energy back to the grid, and has battery
storage. All of these factors should become part of the discussion .
Councilmember Bolton stated her support for this item , and her desire to see information related to
length of contract, and whether a time commitment affects the cost.
Councilmember Moser stated her support for this item, and her need to see rate data related to
percentage of renewable energy, fully understanding that 100% renewable energy may or may not be
attainable.
Councilmember Posey stated that the OCPA offering will be predicated upon customer demand , and
the OCPA's purpose is to offer residents and businesses energy choices , rather than only offering
100% renewable energy. He explained that customer demand will drive development and supply is
determined by development, with the expectation that eventually everyone will demand 100%
renewable energy.
Councilmember Moser stated her support for choices , which requ ires a full menu of options.
Councilmember Kalmick stated he would like for Huntington Beach to be the leader for other
municipalities.
A motion was made by Kalmick, second Delgleize to recommend that the City Manager direct the
Public Works Department to prepare a cost analysis for City Council cons ideration.
The motion carried by the following vote :
AYES:
NOES:
Bolton, Delgleize , Carr, Posey, Moser, and Kalmick
Peterson
31. 21-827 Item Submitted by Councilmembers Kalmick and Moser Approved -Divest
Corporate Bond Holdings of Fossil Fuel Corporations
Councilmember Kalmick stated the bottom line is that there was a local oil spill , and the City holds
Chevron bonds. In his mind that is hypocritical, and this item is one way to further enforce the decision
made at the last Council meeting to declare support for ending off-shore drilling . He stated his support
for what City Treasurer Backstrom described in her report earlier in the meeting , which is to ho ld the
bond until it matures so money is not lost through premature action, and all things being equal in the
future, do not buy fossil fuels companies.
Councilmember Moser thanked City Treasurer Backstrom for clarifying that investments must be safe,
provide liquidity and provide a market rate of return . Councilmember Moser stated her support for the
public comment of Charles Niederman that revenue neutral steps towards a sustainable future shou ld
be taken if that option is available , and recommends making investment choices in the future that do
not support fossil fuels .
Council/PFA Regular Minutes
November 2, 2021
Page 15of17
Councilmember Peterson stated his opposition to this item based on the reality that there are three oil
wells on City property producing income, and his opinion that if oil is the best return on investment , it
should not be taken off the table just because it doesn't support a green agenda.
Mayor Carr stated she is supportive of a green agenda, but she is also opposed to this item. She sees
this item as an investment policy decision , rather than an environmental decision. Mayor Carr stated
her substitute motion would be to direct the Investment Advisory Board to look at the rate of return for
energy stocks and help to set investment priorities . In her opinion, as this item is presented it is
effectively tying the hands of the City Treasurer, rather than allowing her to maximize investment
returns .
Councilmember Posey stated his support for the substitute motion, and explained his opinion that when
CalPERS decided to focus on Environmental , Social and Governance (ESG) investing, that decision
was a big part of diminishing returns. He added that single digit investment returns can trigger a
discount rate reduction , an increased employer contribution , and the need for pension obligation bonds,
etc ., etc. He stated his opinion that ESG policies are driven by boards and directors who dictate
investing in everything that doesn't increase the carbon footprint , while in reality oil is the current fuel of
the economy. He would change the original motion that states "fund in a manner that will not
negatively affect the City's return on investment" to "fund in a manner that will meet or exceed the stock
that is being replaced ".
Councilmember Bolton stated her support for Mayor Carr's substitute motion to direct the Investment
Advisory Board to be involved in setting investment policies.
Councilmember Moser stated her support for Mayor Carr's substitute motion, as she believes the
Investment Advisory Board members have the best knowledge and experience, along with City
Treasurer Backstrom , and it is appropriate for the Council to direct that discussion .
Councilmember Kalmick stated that the intent was to have the Investment Advisory Board involved in
the process , and he fully supports the substitute motion.
Mayor Carr stated her intent is to direct the Investment Advisory Board to look at overall investment
options , not just zero in on Chevron as stated in this item . City Treasurer Backstrom confirmed that the
Investment Advisory Board meets quarterly, and historically reviews the investment policy for Council at
the first meeting in February. Mayor Carr responded with her opinion this item does not require a
special meeting, and following that timeline is acceptable .
A motion was made by Carr, second Delgleize to direct the City Manager and City Treasurer to develop
a plan to divest our holdings in Chevron Corporate Bonds and reinvest the funds in an alternate fund in
a manner that will not negatively affect the City's return on investment. direct the Investment Advisory
Board in conjunction with the City Treasurer to examine whether there are comparable alternatives to
invest in energy companies and to make recommendations as to whether the City's investment policy
statement should be amended to reflect any findings .
The substitute motion carried by the following vote:
AYES :
NOES:
Bolton, Delgleize, Carr, Posey, Moser, and Kalmick
Peterson
COUNCILMEMBER COMMENTS (Not Agendized)
Council/PFA Re gular Minutes
November 2, 2021
Page 16of17
Councilmember Ka lmick reported attending a Middle M ile meeting where the State is investigating
using the ir resources to provide right-of-ways and internet connectivity for residents . He also reported
that in response to resident complaints regarding an unsafe school crossing on McFadden Avenue,
Publ ic Works staff took out a tree to increase visibility and installed a flashing sign .
Councilmember Moser reported participating in the Business Improvement District (BID) Downtown
Ha ll oween event , t he Chamber of Commerce Ribbon Cutting for HB Propane and the unve iling of their
new mural , and the Huntington Beach Fire Department Fire Recruit Academy Graduation and
demonstrations. Councilmember Moser announced the Human Relations Task Force Native American
Showcase will take place from Friday , November 19th through Sunday, November 21st, and on
Monday, November 8th, 5 -8 PM, a Small Business Clinic at City Hall , sponsored by Assemblywoman
Cottie Petrie-Norris, Cal State Fullerton , and City of Huntington Beach , will provide an opportunity to
ex p lore resources for businesses impacted by the recent oil spill.
Councilmember Posey reported that the Thursday, November 4 , meeting of the Southern California
Association of Government (SCAG) w ill be discussing SB 9 , and the effects of duplexing America.
Further details can be found at www.scag .ga.gov. Councilmember Posey noted his interest in Native
American history and the W ild West, and in light of the fact that November is National American Indian
Heritage month , he highly recommends read ing Great Spee c hes by Native Americans by Bob Blaisde ll.
Councilmember Bolton reported attending the Huntington Beach Fire Department Fire Recruit Academy
Graduation , and a virtual meeting of the Orange County Human Relations for the ir Annua l St ate of
Human Relations presentation, which was fascinating and encouraging . Details can be found on the
OC Human Relations website . Councilmember Bolton encouraged people to take a look at the
American Indian Heritage Month Showcase sponsored by the Huntington Beach Human Relat ions
Committee , and reported a visit to Council Chambers by Cub Scout Troop 101 who came with some
very perceptive questions.
Council member Moser stated it was heartening to see and hear the passionate community members
who spoke during Public Comments, that Council recognizes the importance of small fami ly-owned
bus inesses, and it is important that businesses and the City work together to f ind resolutions .
Mayor Carr reported meeting with Boy Scout Troop 555 , which has adopted a water channel in
Huntington Beach; attending the Oak View Trunk or Treat Halloween event; and participating in the
installation of the new flashing crosswalk sign on McFadden Avenue.
Mayor Carr applauded the Bolsa Chica Conservancy for donating $10 ,000 to the Wetlands and Wildlife
Care Center, and $5 ,000 to Huntington Beach Wetlands in response to the oil spill.
Mayor Carr announced the Chamber of Commerce meeting on Novembe r 15, 8 AM at the Senior
Center in the Park, for the State of the City report by herself, Mayor Pro Tern Delgleize and City
Manager Oliver Chi. Attendees need to purchase tickets on the Chamber of Commerce website .
Mayor Pro Tern Delgleize announced that John Scandura , her appointee to the Huntington Beach
Planning Commiss ion , has been appointed by Governor Newsom t o t he Santa Ana Regional Water
Quality Control Board . This Board serves an area that encompasses the Inland Empire and most of
Orange County with 6 million people who rely on this water resource.
Council/PFA Regular Minutes
November 2, 2021
Page 17of17
ADJOURNMENT -8:46 PM to the next regularly scheduled meeting of the Huntington Beach City
Council/Public Financing Authority on Tuesday , November 16 , 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 nd ex-offici o 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
Mayor-Chair