HomeMy WebLinkAbout2021-12-21Minutes
City Council/Public Financing Authority Regular Meeting
and Special Meetings of the Housing Au t hority,
Parking Authority and Successor Agency
City of Huntington Beach
T uesday, December 21, 2021
4 :00 PM -Study Session/Closed Session
6:00 PM -Regular Session
Civic Center, 2000 Main Street
Huntington Beach , California 9264
or 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 -4:03 PM
ROLL CALL
Present:
Absent:
Peterson, Bolton (arrived at 4:15 pm), Posey , Delgleize , Carr, Moser, and Kalmick
None
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution)-
None
PUBLIC COMMENTS PERTAINING TO STUDY SESSION AND CLOSED SESSION ITEMS (3 Minu te
Time Limit) -1 In -Person and 2 Call-In Speakers
The number [hh :mm:ss] following the speakers' comments indic ates their approx imate starting time in
the archived video located at http://WWVt,1.surfcity-hb.org/governmentlagendas.
Shelly McKay, a resident of Huntington Beach for 27 years, a cannabis patient, and a fract ional owner of
Kannabis Works Licensed Dispensary in Santa Ana, Manager, Cannabis Compassion Program as
Cannabis Educator, and Director fo r Compassion for LA NORML, and Director of OC NORML, was
called to speak and stated her support for Huntington Beach to allow the licensed retail sale of cannabis .
(00 :01 :02)
Caller Sabrina Noah, Senior Vice President, Crystal Lab , born and raised in Huntington Beach , was
invited to speak and stated her support for the City's interest in this economical and job-creating
opportunity to allow licensed retail sale of cannabis . (00 :04:30)
Caller Billy Maddox, Founder/Owner, of a cannabis MSO (Multi-state operator) and life-long res ident of
Huntington Beach, was called to speak and stated his support for the City's interest in allowing retail sale
of cannabis. (00 :06: 17)
STUDY SESSION
City Council/PFA Regular Meeting Minutes
and Special Meeting Minutes for the Housing Authority,
Parking Authority, and Successor Agency
December 21, 2021
Page 2 of 28
1. 21-1006 Reviewed response options to the recent cannabis petitions filed with the City
City Manager Oliver Chi introduced this item with a PowerPoint communication titled Cannabis Petition
Response Options, with slides entitled: Background -Key State Legislation; Background -HB
Mirrored Statewide Attitudes; City of Huntington Beach -Where are We?; Cannabis Petitions Filed in
HB; Signature Gathering Efforts Initiated; Meeting w/Legal Cannabis Industry Reps; Current Cannabis
Industry Proposal; Initial Staff Assessment; and City Council Discussion I Direction.
Mayor Pro Tern Posey and City Manager Chi discussed the number of stores allowed typically is
determined by allowing one (1) store for every ten thousand (10,000) residents, and the plan for twelve
(12) stores in Huntington Beach is beyond the typical number.
There was further discussion on the regulations and number of stores allowed by the four Orange County
cities that have already approved commercial cannabis activity: Costa Mesa, Irvine, Santa Ana and
Stanton .
Mayor Pro Tern Posey and City Manager Chi also discussed banking limitations for the cannabis industry
and mechanisms the City could put in place to ensure proper accounting and payment of taxes. City
Manager Chi stated the amount of tax is determined by each individual city within their regulations.
Councilmember Kalmick stated his support for the City to be proactive in managing an effort that he
expects to be successful by setting up an Ad Hoc Committee, which he would like to be part of, to
research and propose appropriate guidelines and regulations . He stated the importance of listening to
the residents, addressing their concerns throughout the process, and building policy around those
concerns .
Councilmember Moser stated her support for Councilmember Kalmick's comments regarding staff
negotiating with the industry , and establishing an Ad Hoc Committee to help with negotiations.
Councilmember Moser and City Manager Chi discussed the 600 feet of buffer space being proposed ,
and options for different buffer space required for different environments such as schools, par~s and
residential neighborhoods that can be regulated through land use authority.
Councilmember Peterson stated he supports the City being proactive, and from his personal experience
of installing security, monitoring and fire systems for the industry, he has seen good and bad ordinances .
He also said the City needs to be aware of total costs associated with monitoring, as well as the input
required to ensure appropriate regulations are met for fire and police standards . He added that the state
has refined the metrics for tracking from seed to manufacture, distribution, and sale . Councilmember
Peterson supports digging into all the details and being informed of all considerations, including the
odors created by the industry .
Councilmember Carr stated her support for Councilmember Peterson's comments, and added that
educating the Council and residents is important. She supports setting up an Ad Hoc Committee as well
as more Study Sessions on the issue .
Councilmember Bolton stated her support for an Ad Hoc Committee , and learning from the mistakes of
the other cities that have gone down this path, including realistic revenue expectations .
City Council/PFA Regular Meeting Minutes
and Special Meeting Minutes for the Housing Authority,
Parking Authority, and Successor Agency
December 21, 2021
Page 3 of 28
Mayor Delgleize and Councilmember Peterson discussed whether there is a need to consider hiring a
consultant to help guide Council and staff through the process. Council member Peterson stated his
opinion that staff from Building , Police and Fire Departments are capable of sifting through the existing
regulations and determining whether or not there is the need to hire a consultant.
Mayor Delgleize confirmed with City Manager Chi that Council is supportive of setting up an Ad Hoc
Committee as well as holding more Study Sessions in the effort to keep the City in the driver's seat
moving forward .
A motion was made by Carr, second Posey , to recess to Closed Session for New Item 21-1009.
RECESSED TO CLOSED SESSION -4:45 PM
CLOSED SESSION
*New 21-1009 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, AND CALLED TO
ORDER SPECIAL MEETINGS OF THE HOUSING AUTHORITY, PARKING AUTHORITY AND
SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF HUNTINGTON BEACH
-6:03 PM
ROLL CALL
Present:
Absent:
Peterson , Bolton , Posey , Delgleize , Carr, Moser, and Kalmick
None
PLEDGE OF ALLEGIANCE -Led by Mayor Delgleize
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.
2. 21-961 Jynene Johnson, with Huntington Beach Stake of The Church of Jesus Christ
Latter-day Saints, and member of the Greater Huntington Beach Interfaith Council
Orange County Theater Vocalist Makeda Gwaltney sang "Silent Night" in celebration of the first day of
winter, and to recognize National Homeless Persons' Memorial Day.
CLOSED SESSION REPORT BY CITY ATTORNEY -City Attorney Gates announced he was not
present in Closed Session ; City Manager Chi announced there was nothing to report .
AWARDS AND PRESENTATIONS
City Council/PFA Regular Meeting Minutes
and Special Meeting Minutes for the Housing Authority,
Parking Authority, and Successor Agency
December 21, 2021
Page 4 of 28
3. 21 -907 Mayor Delgleize called on newly crowned Miss Huntington Beach Gisell Gochman
and her princesses to present commendations to the 2021-2022 Court
Mayor Delgleize introduced Miss Huntington Beach Gisell Gochman and Princesses Jenny Thach and
Huonh Nguyen for 202 1-2022.
Ms . Gochman , a lifetime resident of Huntington Beach , e x pressed her appreciation for the recognit ion ,
and her excitement for the opportunities to represent the City at events in the coming year.
Sand Dollars of Huntington Beach was thanked for offering the program to provide young women with
financial assistance to assist in obtaining their educational goals.
4 . 21-1003 Mayor Delgleize presented a Commendation to Outgoing City Manager Oliver Chi
Mayor Delgleize described City Manager Chi 's infectious and tireless leadership through the last couple
of years. She thanked him for his OneHB vision , which resulted in a team-oriented staff and thoughtful
leaders in each department dedicat ed to serving the community.
City Manager Chi e xpressed his appreciation for the privilege to lead such a dedicated staff in serving
the c ommunity .
Mr. Sean Crumby, Director of Public Works, presented City Manager Chi w ith an "Oliver Chi Drive and
Bobbie Jo Ch i Drive" Huntington Beach city street sign .
5. 21 -1005 Mayor Delgleize called on Ben Barker, Financial advisor with California Municipal
Finance Authority, who presented three checks, each in the amount of $78,186.38 to
the following non -profits that work to address and prevent homelessness within the
City of Huntington Beach: Project Self Sufficiency, Robyn's Nest, and Stand Up for
Kids Orange County
Mr. Barker described the affordable housing projects financed by the California Municipal Finance
Authority , and explained that fifty percent (50%) of their fees are shared with twenty-five percent (25%)
returned to the local municipality, and twenty-five percent (25%) shared with local non-profits.
Cherie Schenck, President, Project Self-Sufficiency, described some of the services provided to assist
low-income individuals, and e x pressed sincere appreciation for the funds received.
Councilmember Posey introduce d Justine Palmore , Executive Director, Stand Up for Kids Orange
County, which is a non-profit focused on preventing youth homelessness. Ms. Palmore e x pressed
apprec iation for the partnership with the City of Huntington Beach, and th e financial support received .
Mayor Delgle ize introduced Robyn Wood , Founder and Director, Robyn's Nest, a non-profit focused on
supporting high school graduation for homeless and at-risk students with little to no parental support.
Ms . Wood e x pressed her appreciation for the support of the Huntington Beach community, and the
financ ial support received .
A short video presentation was played with a testimonial from a recipient of the services of Robyn's Nest.
City Council/PFA Regular Meeting Minutes
and Special Meeting Minutes for the Housing Authority,
Parking Authority, and Successor Agency
December 21, 2021
Page 5 of 28
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution)
Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced supplemental
communications received by her office following distribution of the Council Agenda packet:
Council Committee -Appointments -Liaison Reports, AB 1234 Reporting, and Openness in
Negotiations Disclosures
#6 (21-1001) 2022 Council Liaison List received from Mayor Barbara Delgleize .
Consent Calendar
#12 (21-982) Communication received from Chief Financial Officer, Dahle Bulosan, regarding a date
correction made on Resolution 2021-75.
#14 (21-936) Email communication received regarding the memorial plaque for Rick "Rockin' Fig" Fignetti.
#19 (21-1002) Inter-Departmental Communication submitted by Interim Administrative Services Director,
Brittany Mello, providing clarification on the two, on-call contracts with All American
Leadership, LLC and the Southern California Center for Nonprofit Management.
#19 (21-1002) Four (4) email communications received regarding the two on-call contracts for Citywide
Leadership Development Training.
#24 (21-909) Three (3) email communications received regarding the proposed updates to the Huntington
Beach Municipal Code regarding a select number of the City's Boards, Commissions and
Committees.
Administrative Items
#26 (21-966) PowerPoint Presentation titled "Bluff Top Park Improvement Project" submitted by Sean
Crumby, Director of Public Works.
#27 (21-879) PowerPoint Presentation titled "Rodgers Seniors' Center Site Redevelopment" submitted by
Sean Crumby, Director of Public Works.
#27 (21-879) Twenty-one (21) email communications received regarding the redevelopment of the Michael
E. Rodgers Center.
Ordinances For Introduction
#35 (21-847) PowerPoint Presentation titled "City of Huntington Beach Public Works Department-
Introduction of Ordinances for the Implementation of SB 1383 Regulations" submitted by
Sean Crumby, Director of Public Works.
#36 (21-991) PowerPoint Presentation titled "City of Huntington Beach Taxicab Program" submitted by
Dahle Bulosan, Chief Financial Officer.
Councilmember Items
City Council/PFA Regular Meeting Minutes
and Special Meeting Minutes for the Hou sin g Authority,
Parking Authority, and Successor Agency
December 21, 2021
Page 6 of 28
#37 (21 -1008) Letter received from City Attorney , Michael E. Gates in response to the proposed selection of
an Outside Legal Firm that would directly report to and support the City Council.
#37 (21-1008) Letter on behalf City Attorney Michael Gates received from Derek P . Cole of Cole Huber LLP .
#37 (21-1008) Sixty-one (61) email communications rece ived regarding the proposed selection of an
Outside Legal Firm that would directly report to and support the City Council.
PUBLIC COMMENTS (3 Minute Time Limit) -26 In-Person and 1 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.
Steven Graham , Partner at Cole Huber LLP , was called to speak and stated his opposition to
Councilmember Items #37 requesting City Council selection of an Outside Legal Firm that would directly
report to and support the City Council. (01: 19: 19)
Linda Rose, over 40-year Huntington Beach resident and homeowner, was called to speak and stated
her support for the City Council and opposition to the HB Recall effort . (01 :21 :46)
Luanne Nichols, a fourth generation Huntington Beach property owner, was called to speak and shared
her background and support for continuing to operate Art-Affaire as it has been done for the last ten
years. She stated her support for the HB Recall effort with details at www.savesurfcity.org . (01 :24:10)
Maureen was called to speak and shared her dismay at the removal of left-hand turn lanes on Delaware
Street, which in her opinion make the street unsafe, and asked that the left-hand lanes be restored .
(01 :26:37)
Norman Lawson was called to speak, and stated his opinion that the removal of the left-hand turn lanes
on Delaware Street described by Maureen has increased opportunity for accidents , and the street is now
dangerous. (01 :29:27)
Karen , a long-time resident of Huntington Beach whose father resides in Scandia Mobile Country Club,
) was called to speak and described the predatory policy of spiking space rents for the retired and elderly
residents by the new property owners. She asked that the Council and City staff co me to the aide of all
manufactured home residents seeking help addressing increasing costs . (01 :3 1 :06)
Cari Swan , supporter of Save Surf City Recall, was called to speak and stated her opposition to Consent
Calendar Item #18 regarding Citywide Lead e rship Development Training contracts, and opposition to
Councilmember Items #37 requesting City Council selection of an Outside Legal Firm that would directly
report to and support the City Council. Ms. Swan encouraged residents to go to www.savesurfcity.org .
(01 :33 :10)
Deb Janus, a 42-year resident of Huntington Beach, was called to speak and stated her opposition to
Councilmember Items #37 requesting City Council selection of an Outside Legal Firm that would directly
report to and support the City Council. (01 :35:25)
City Council/PFA Regular Meeting Minutes
and Special Meeting Minutes for the Housing Authority,
Parking Authority, and Successor Agency
December 21, 2021
Page 7 of 28
Vicki Gray, a 30-year resident of Huntington Beach, was called to speak and stated her support for the
HB Recall effort. She shared her opinion that Councilmember Items #37 requesting City Council
selection of an Outside Legal Firm that would directly report to and support the City Council will stimulate
people to sign the recall petition, and sarcastically "thanked" authors of the item. (01 :37:17)
Pano Frousiakis , Candidate for City Council in 2022 , was called to speak and shared his opposition to
Councilmember Items #37 requesting City Council selection of an Outside Legal Firm that would directly
report to and support the City Council, and encouraged residents to go to www.savesurfcity.org .
(01 :38 :26)
Nathalie Wong was called to speak and stated her support for Administrative Items #27 regarding the
Rodgers Senior Center Redevelopment Project, and her opposition to Councilmember Items #37
requesting City Council selection of an Outside Legal Firm that would directly report to and support the
City Council. (01 :42:02)
William Hennerty, a 10-year resident of Huntington Beach and member of the Small Business Alliance,
Huntington Beach Chapter, was called to speak and stated his opposition to Councilmember Items #37
requesting City Council selection of an Outside Legal Firm that would directly report to and support the
City Council. (01 :43:27)
Melissa Sheets, local homeowner, was called to speak and asked for Council's assistance in dealing with
chain smokers who are polluting the neighborhood air. Ms. Sheets asked Council to implement a multi-
unit housing smoking ordinance , and provided examples of ord inances addressing the issue from other
municipalities. (01:45:35)
Fran Varga , a resident of 18th Street, was called to speak and stated her support for Administrative
Items #27 regarding the Rodgers Senior Center Redevelopment Project. Ms. Varga also stated her
support for Councilmember Items #37 requesting City Council selection of an Outside Legal Firm that
would directly report to and support the City Council. (01 :48:27)
Martha Morrow, 30-year resident and former business owner, was called to speak and shared her
opposition to Councilmember Items #37 requesting City Council selection of an Outside Legal Firm that
would directly report to and support the City Council, and encouraged residents to go to
www.savesurfcity.org . (01 :50 :57)
Larry McNeely was called to speak and stated his opposition to Councilmember Items #37 requesting
City Council selection of an Outside Legal Firm that would directly report to and support the City Council.
He also stated opposition to holding any City Council meetings during weekday business hours , and
raises for the City union members. Mr. McNeely made reference to a public eviction notice targeted at
certain Council members, and stated his support for the Recall effort. (01 :53:21)
Lisa, a 45-year resident of Huntington Beach, was called to speak and stated her opposition to
Councilmember Items #37 requesting City Council selection of an Outside Legal Firm that would directly
report to and support the City Council. (01 :56:33)
Amory Hanson, a Candidate for City Council in 2022 and member of the Huntington Beach Historic
Resources Board , was called to speak, and stated that he had submitted supplemental communication in
City Council/PFA Regular Meeting Minutes
and Special Meeting Minutes for the Housing Authority,
Parking Authority, and Successor Agency
December 21, 2021
Page 8 of 28
support of Administrative Items #27 regarding the Rodgers Senior Center Redevelopment Project, as
well as his thoughts on Councilmember Items #37 requesting City Council selection of an Outside Legal
Firm that would directly report to and support the City Council. (01 :57:44)
Dave Sullivan, a resident of Huntington Beach for over 50 years, Former Councilmember and Mayor,
was called to speak and stated his opposition to Councilmember Items #37 requesting City Council
selection of an Outside Legal Firm that would directly report to and support the City Council. (01 :59 :00)
Rob Pool was called to speak and stated his opposition to Councilmember Items #37 requesting City
Council selection of an Outside Lega l Firm that would directly report to and support the City Council.
(02:01 :25)
Casey McKean, resident of Huntington Beach and Charter Revision Committee member, was called to
speak and stated his opposition to Councilmember Items #37 requesting City Council selection of an
Outside Legal Firm that would directly report to and support the City Council. (02:04: 15)
Eric Silkenson, a 50-year resident of Huntington Beach and member of the Mobile Home Advisory Board,
was called to speak and thanked Public Works and City Council for the improvements on Delaware
Street. He also shared his opinion that elections, not recalls, are the proper method for making changes
for elected positions. (02:07:21)
Ceason Baker was called to speak and stated her opposition to Councilmember Items #37 requesting
City Council selection of an Outside Legal Firm that would directly report to and support the City Council,
and her support for the City Council Recall effort . (02 :09:32)
Gracey Van Der Mark was called to speak and stated her opposition to Councilmember Items #37
requesting City Council selection of an Outside Legal Firm that would directly report to and support the
City Council. (02: 12:40)
John Genovese, a veteran, was called to speak and shared his personal challenges of living
independently as a mature citizen . (02: 15:50)
Caller Mark Sheldon, a resident of Huntington Beach for over 30 years and former member of the
Environmental Board, was invited to speak and stated his concerns regarding Consent Calendar Item
#24 updating the Municipal Code for a select number of the City's Boards , Commissions, and
Committees, specifica lly related to reducing the Environmental & Sustainability Board to under nine
members. (02:20:00)
Bridget Kaub was called to speak and identified herself as an e lected official and former member of the
Community Services Commission. She shared her concerns regarding Councilmember Items #37
requesting City Council selection of an Outside Legal Firm that would directly report to and support the
City Council. While recognizing Councilmembers as good people who know what is right vs. wrong, Ms.
Kaub urged Council to put aside their personal feelings for City Attorney Gates and respect the
provisions of the City Charter. She also expressed her appreciation for proposed plans on the Rodgers'
Senior Center property. (02:23:04)
COUNCIL COMMITTEE -APPOINTMENTS -LIAISON REPORTS, AB 1234 REPORTING, AND
OPENNESS IN NEGOTIATIONS DISCLOSURES
City Council/PFA Regular Meeting Minutes
and Special Meeting Minutes for the Hou sing Authority,
Parking Authority, and Successor Agency
December 21, 2021
Page 9 of 28
Councilmember Carr reported attending a meeting of the Orange County Sanitation District (OCSD), and
stated that when the OCSD's Outfall Assessment and Study is completed after April 2022 , she will report
on the results .
Mayor Pro Tern Posey reported attending a meeting of the Orange County Power Authority (OCPA) to
welcome Orange County Supervisor Don Wagner as a new OCPA Board Member and County of Orange
as a new OCPA member. He also reported that Vector Control voted to continue discussions on their
headquarters relocation .
Mayor Pro Tern Posey also described Council's directions and his personal stance, as stated by the
court, that the issues related to Regional Housing Needs Assessment (RHNA) numbers need to be
addressed by legislation, not litigation , regarding the City of Huntington .Beach and Southern California
Association of Government (SCAG), California Department of Housing and Community Development
(HCD), and Orange County Council of Governments (OCCOG). Mayor Pro Tern Posey also provided a
brief background on the GreenPrint effort to place land into conservancy to protect farming and nature,
which will drive higher density into developed areas . Further details on GreenPrint can be found on both
SCAG and Association of Californ ia Cities -Orange County (ACC -OC) websites.
Mayor Delgleize reported attending Boa rd meetings for the Association of California Cities -Orange
County (ACC-OC), and the Orange County Transportation Authority (OCTA).
6 . 21-1001 Approved Mayor Delgleize's 2022 Council Liaison List
A motion was made by Carr, second Moser to as recommended by the City Council, Public Financing
Authority , Housing Authority, Parking Authority, and Successor Agency : Approve the 2022 Council
Liaison List that includes appointments to citizen boards, commissions, committees, and task forces as
presented by Mayor Delgleize. (The City Clerk certifies that FPPC Form 806 "Agency Report of Public
Official Appointments" which is used to report additional compensation that officials receive when
appointing themselves to positions on committees, boards or commissions of a public agency , special
district and joint powers agency or authority was posted to the City's website according to law prior to this
vote .) as amended by Supplemental Communication (Liaison List).
The motion as amended carried by the following vote:
AYES:
NOES:
Peterson , Bolton , Posey , Delgleize , Carr, Moser, and Kalmick
None
CITY MANAGER'S REPORT -None
CONSENT CALENDAR
Councilmembers Carr and Peterson pulled Consent Calendar Item #19 for further discussion .
7. 21 -836 Approved and Adopted Minutes
·A motion was made by Kalmick, second Posey to approve and adopt the City Council/Public Financing
Authority regular meeting minutes dated November 16, 2021, as written and on file in the office of the
City Council/PFA Regular Meeting Minutes
and Special Meeting Minutes for the Housing Authority,
Parking Authority, and Successor Agency
December 21, 2021
Page 10 of 28
City Clerk; and, approve and adopt the City Council/Public Financing Authority special meeting minutes
dated December 1 , 2021, as written and on file in the office of the City Clerk; and, approve and adopt the
City Council/Public Financing Authority regular meeting minutes dated December 7 , 2021, as written and
on file in the office of the City Clerk.
The motion carried by the following vote :
AYES:
NOES:
Peterson, Bolton, Posey, Delgleize , Carr, Moser, and Kalmick
None
8. 21 -822 Received and filed the Maddy Act Local Appointments List -2022 (terms on City
boards, commissions, and committees that expire in 2022) informing the public of
openings and vacancies based on 2022 expiration of current members' terms
A motion was made by Kalmick, second Posey to receive and file the Maddy Act Local Appointments List
-2022 showing vacancies that will occur on City boards , commissions, and committees in the year 2022,
and direct the City Clerk to post the list at official posting locations (Civic Center, Huntington Central
Library , and Main Street Library). Copies of the Maddy Act Local Appointments List -2022 will also be
posted at all branch libraries and on the City's website .
The motion carried by the following vote :
AYES:
NOES:
Peterson, Bolton , Posey, Delg le ize , Carr, Moser, and Kalmick
None
9. 21-845 Approved and authorized execution of Professional Services Contracts for On-Call
Materials Testing and Engineering Services with AESCO, Inc., GMU Geotechnical,
Inc., Leighton Consulting, Inc., Ninyo & Moore Geotechnical & Environmental
Sciences Consultants, and Twining, Inc.
A motion was made by Kalmick , second Posey to approve and authorize the Mayor and City Clerk to
execute $600,000 "Professional Services Contract Between the City of Huntington Beach and AESCO,
Inc., for On-Call Material Testing and Engineering Services;" and, approve and authorize the Mayor and
City Clerk to execute $600,000 "Professional Services Contract Between the City of Huntington Beach
and GMU Geotechnical, Inc. for On-Call Material Testing and Engineering Services;" and, approve and
authorize the Mayor and City Clerk to execute $600 ,000 "Professional Services Contract Between the
City of Huntington Beach and Leighton Consulting , Inc., for On-Call Material Testing and Engineering
Services"; and, approve and authorize the Mayor and City Clerk to execute $600,000 "Professional
Services Contract Between the City of Huntington Beach and Ninyo & Moore for On-Call Material Testing
and Engineering Services;" and, approve and authorize the Mayor and City Clerk to execute $600,000
"Professional Services Contract Between the City of Huntington Beach and Twining, Inc., for On-Call
Material Testing and Engineering Services."
The motion ca rried by the following vote:
AYES:
NOES:
Peterson, Bolton , Posey, Delgleize , Carr, Moser, and Kalmick
None
City Council/PFA Regular Meeting Minutes
and Special Meeting Minutes for the Housing Authority,
Parking Authority, and Successor Agency
December 21, 2021
Page 11of28
10. 21-970 Approved two (2) appointments to the Harbor Commission, as recommended by
City Council Liaisons, Councilmembers Kalmick and Peterson
A motion was made by Kalmick, second Posey to approve the appointment of Van Vu as a Member of
the Harbor Commission through December 31, 2024 ; and, approve the appointment of Diane Wood as a
Member of the Harbor Commission through December 31, 2024.
The motion carried by the following vote:
AYES:
NOES:
Peterson, Bolton, Posey , Delgleize, Carr, Moser, and Kalmick
None
11. 21-878 Adopted Resolution No. 2021-69 authorizing cancellation of the City Council/Public
Financing Authority regular meeting of January 4, 2022; and, directed the City Clerk
to provide notice of such cancellation
A motion was maae by Kalmick, second Posey to adopt Resolution No. 2021-69, "A Resolution of the
City Council of the City of Huntington Beach Declaring the Cancellation of the City Council and Public
Financing Authority Regular Meeting of January 4, 2022; and Directing the City Clerk to Provide Notice of
Such Cancellation."
The motion carried by the following vote:
AYES :
NOES:
Peterson, Bolton , Posey, Delgleize, Carr, Moser, and Kalmick
None
12. 21-982 Adopted Resolution No. 2021-75 accepting and approving the Development Impact
Fee (DIF) Report for Fiscal Year 2020-21 and to make findings as required by
Government Code Sections 66006 and 66001
A motion was made by Kalmick, second Posey to accept and approve the Development Impact Fee
Report for Fiscal Year Ending June 30, 2021 by adopting Resolution No. 2021-75, "A Resolution of the
City Council of the City of Huntington Beach to Accept and Approve the Development Impact Fee Report
for Fiscal Year Ending June 30, 2021 and to Make the Findings as Required by Government Code
Section 66006(b) and 66001 (d)" as amended by Supplemental Communication.
The motion as amended carried by the following vote:
AYES: Peterson, Bolton, Posey , Delgleize, Carr, Moser, and Kalmick
NOES: None
13. 21-998 Adopted Successor Agency Resolution Nos. 2021-03 and 2021-04 approved the
Recognized Obligation Payment Schedule (ROPS) and Administrative Budget for
the Huntington Beach Successor Agency for the period of July 1, 2022, through
June 30, 2023, in accordance with Health and Safety Code Section 34177 and
related actions
City Council/PFA Regular Meeting Minutes
and Special Meeting Minutes for the Housing Authority,
Parking Authority, and Successor Agency
December 21, 2021
Page 12 of 28
A motion was made by Kalmick, second Posey to adopt Resolution No . 2021-03 , "A Resolution of the
Successor Agency to the Redevelopment Agency of the City of Huntington Beach Approving the
Successor Agency Administrative Budget for the Period July 1, 2022, through June 30 , 2023;" and, adopt
Resolution No. 2021-04, "A Resolution of the Successor Agency to the Redevelopment Agency of the
City of Huntington Beach Approving the Recognized Obligation Payment Schedule for the Period July 1,
2022 -June 30, 2023 ('ROPS 22-23')."
The motion carried by the following vote:
AYES:
NOES:
Peterson, Bolton, Posey, Delgleize, Carr, Moser, and Kalmick
None
14. 21-936 Approved Memorial Plaque Recognition for Rick "Rockin' Fig" Fignetti
A motion was made by Kalmick, second Posey to approve recommendation by the Community & Library
Services Commission to approve the design concept of a memorial plaque honoring Rick "Rockin' Fig"
Fignetti to be placed at Tower Zero on the Huntington Beach Municipal Pier; and , authorize staff to work
with the Greater Huntington Beach Interfaith Council to have the plaque manufactured and installed as
proposed.
The motion carried by the following vote :
AYES :
NOES:
Peterson , Bolton , Posey , Delgleize , Carr, Moser, and Kalm ick
None
15. 21-951 Accepted the lowest responsive and responsible bid, approved appropriation and
authorized execution of a construction contract with Nobest, Inc. in the amount of
$1,007,200 for the Zone 5 Curb Ramp Project, CC-1637
A motion was made by Kalmick , second Posey to accept the lowest responsive and responsible bid
submitted by Nobest, Inc. in the amount of $1,007 ,2 00 ; and, appropriate $430 ,871 from the Measure "M"
fund balance to account (21390004.82 300) and, authorize the Mayor and City Clerk to execute a
construction contract in a form approved by the City Attorney.
The motion carried by the following vote :
AYES:
NOES:
Peterson , Bolton , Posey, Delgleize, Carr, Moser, and Kalmick
None
16. 21-891 Approved and authorized execution of Professional Services Contract for Fleet
Sustainability Transition Plan with Mercury Associates, Inc.; and approved
appropriation funds
A motion was made by Kalmick, second Posey to approve and authorize the Mayor and City Clerk to
execute, "Professional Services Contract Between the City of Huntington Beach and Mercury Associate,
Inc. for Development of Fleet Sustainability Transition Plan," in an amount not to exceed $100,000; and,
appropriate funding in the amount of $100,000 from the General Fund undesignated fund balance to
account 10085701 .69365.
The motion carried by the following vote:
City Council/PFA Regular Meeting Minutes
and Special Meeting Minutes for the Housing Authority,
Parking Authority, and Successor Agency
December 21, 2021
Page 13 of 28
AYES:
NOES:
Peterson, Bolton , Posey, Delgleize, Carr, Moser, and Kalmick
None
17. 21-939 Approved and authorized execution of a contract with Data Ticket, Inc., for the
provision of Parking Citation Payment Processing and Parking Permit Services
A motion was made by Kalmick, second Posey to approve and authorize the Mayor and City Clerk to
execute "Service Agreement Between the City of Huntington Beach and Data Ticket, Inc. for Parking
Citation Processing and Parking Permit Solution" in an amount not to exceed $360,000 for a 3-year term
with two additional one-year extensions; and, authorize the City Manager to execute all documents in
furtherance of this Agreement.
The motion carried by the following vote:
AYES: Peterson, Bolton, Posey, Delgleize, Carr, Moser, and Kalmick
NOES: None
18. 21-969 Approved the execution of a Subdivision Agreement with Huntington Gateway
Industrial II, LLC and accepted Securities for the Huntington Gateway Phase II
Industrial Project, located on the north side of Bolsa Avenue at the intersection with
Graham Street
A motion was made by Kalmick, second Posey to approve and authorize the Mayor and City Clerk to
execute and record the "Subdivision Agreement by and Between the City of Huntington Beach and
Huntington Gateway Industrial II, LLC for Parcel Map No. 2019-153" to construct public improvements for
the Huntington Gateway Phase II industrial project (Attachment 1); and , accept the Faithful Performance
Bond No. 800043002 (Attachment 2), Labor and Material Bond No. 800043002 (Attachment 3) and
Monument Bond No. 800043002-M (Attachment 4), the securities furnished for installation of the required
public improvements; and, instruct the City Clerk to file the bonds with the City Treasurer.
The motion carried by the following vote :
AYES :
NOES:
Peterson, Bolton , Posey, Delgleize, Carr, Moser, and Kalmick
None
19. 21-1002 Approved and authorized approval of two on-call Professional Services Contracts
for Citywide Leadership Development Training with All American Leadership, LLC,
and the Southern California Center for Nonprofit Management
Councilmember Peterson pulled this item to confirm with City Manager Chi that this is for on-call citywide
supervisory and leadership training, and the budget amount is the maximum over three-years. City
Manager Chi explained that as people are promoted into supervisory positions, these funds will allow for
a more thorough and coordinated approach to duplicate in other departments the successful efforts over
the last several years in the Fire Department.
City Council/PFA Regular Meeting Minutes
and Special Meeting Minutes for the Housing Authority,
Parking Authority, and Successor Agency
December 21, 2021
Page 14 of 28
Council member Carr stated she pulled this item to make everyone aware of the late afternoon
communication from Interim Administrative Services Director Brittany Mello to clarify the $450,000 is the
maximum budget over three years on an as-needed basis.
Mayor Carr thanked City Manager Chi and staff for the clarification and stated her support for this
opportunity for staff development.
A motion was made by Carr, second Moser to approve and authorize the Mayor and City Clerk to
execute "Professional Services Contract Between the City of Huntington Beach and All American
Leadership, LLC , for Leadership Development Training ;" and , approve and authorize the Mayor and City
Clerk to execute, "Professional Services Contract Between the City of Huntington Beach and Southern
California Center for Nonprofit Management for Leadersh ip Development Training ," as amended by
Supplemental Communication.
The motion as amended carried by the following vote :
AYES:
NOES:
Peterson, Bolton , Posey, Delgleize, Carr, Moser, and Kalmick
None
20. 21-952 Approved and authorized execution of a Landscape Maintenance Agreement and
License Agreement for the Pierside Pavilion Project at 300 Pacific Coast Highway
A motion was made by Kalmick, second Posey to approve and authorize the Mayor and City Clerk to
execute the "Landscape Maintenance Agreement With in State Highway Right of Way on Route 1 Within
the City of Huntington Beach" with Caltrans for the Pierside Pavi li on project (Attachment 1 ); and, approve
and authorize the Mayor and City Clerk to execute and record the "License Agreement Between the City
of Huntington Beach and Pierside Pavilion , LLC, to Provide Installation and Maintenance of Landscaping
Improvements in the Public Right-of-Way ," for the Pierside Pavilion project (Attachment 2).
The motion carried by the following vote :
AYES :
NOES:
Peterson, Bolton , Posey, Delgleize , Carr, Moser, and Kalmick
None
21. 21-968 Approved the Section 3-Labor Compliance Plan, HOME Program Rehabilitation
Standards, and the Affordable Housing Program Underwriting and Subsidy
Layering Guidelines
A motion was made by Kalmick, second Posey to approve and adopt the Section 3-Labor Compliance
Plan; and, approve and adopt the HOME Program Rehabilitation Standards; and , approve and adopt the
Affo rdable Housing Program Underwriting and Subsidy Layering Guidelines.
The motion carried by the following vote :
AYES :
NOES :
Peterson, Bolton, Posey , Delgleize , Carr, Moser, and Kalmick
None
22. 21-992 Approved Fiscal Year 2021/22 Mid-Year Positional Adjustments
City Council/Pf A Regular Meeting Minutes
and Special Meeting Minutes for the Housing Authority,
Parking Authority, and Successor Agency
December 21 , 2021
Page 15 of 28
A motion was made by Kalmick, second Posey to approve FY 2021/22 mid-year requests for positions as
detailed in the in the Table of Organization (Attachment 1) and authorize appropriations in FY 2021/22
for the additional Full Time Equivalent (FTE) positions.
The motion carried by the following vote:
AYES :
NOES:
Peterson , Bolton, Posey, Delgleize, Carr, Moser, and Kalmick
None
23. 21 -1007 Considered positions on legislation pending before the Federal Legislature, as
recommended by the Intergovernmental Relations Committee (IRC)
A motion was made by Kalmick, second Posey to adopt Resolution 2021-80 of support and approve
support letters to federal legislators and the Orange County Congressional Delegation, backing the
Orange County Water District's (OCWD) position regarding pending "PFAS" federal legislation.
The motion carried by the following vote:
AYES:
NOES:
24. 21-909
Peterson, Bolton, Posey, Delgleize, Carr, Moser, and Kalmick
None
Adopted Ordinance Nos . 4239, 4240, 4241, 4242, 4243, 4244 updating the
Huntington Beach Municipal Code to reform, consolidate, and dissolve a select
number of the City's Boards, Commissions, and Committees
Approved for introduction November 16, 2021 -Vote 7-0 (#4239, #4241, #4242,
#4243, #4244) and 6-1 (Peterson-No) on #4240
I
A motion was made by Kalmick, second Posey to adopt Ordinance No. 4242, "An Ordinance of the City
Council of the City of Huntington Beach amending the Huntington Beach Municipal Code by repealing
Chapter 2.103 and 2.111 and creating a new chapter 2 .111 titled "Citizen Infrastructure Advisory
Board/Public Works Commission;" and, adopt Ordinance No. 4241, "An Ordinance of the City Council of
the City of Huntington Beach repealing the Huntington Beach Municipal Code Chapters 2.64 and 2.84
and adding a new chapter 2 .64 titled Community and Library Services Commission;" and, adopt
Ordinance No . 4243, An Ordinance of the City Council of the City of Huntington Beach repealing the
Huntington Beach Municipal Code Chapter Chapters 2.86 and 2.30 and add a new chapter 2.30 titled
Community and Library Services Department;" and, adopt Ordinance No. 4240, "An Ordinance of the
City Council of the City of Huntington Beach amending the Huntington Beach Municipal Code Chapter
2 .102 entitled Environmental & Sustainability Board;" and, adopt Ordinance No. 4239, "An Ordinance of
the City Council of the City of Huntington Beach amending the Huntington Beach Municipal Code
Chapter 2.109 entitled Finance Commission;" and, adopt Ordinance No. 4244, "An Ordinance of the City
Council of the City of Huntington Beach amending the Huntington Beach Municipal Code Chapter 2 .100."
The motion to approve carried by the following vote:
AYES:
NOES:
Peterson, Bolton , Posey, Delgleize, Carr, Moser, and Kalmick
Peterson stated for the record "No" on Ordinance No. 4240 only
PUBLIC HEARING
City Council/PFA Regular Meeting Minutes
and Special Meeting Minutes for the Housing Authority,
Parking Authority, and Successor Agency
December 21, 2021
Page 16 of 28
25. 21-976 Adopted Resolution No. 2021-76 approving the issuance of Tax-Exempt Bonds for
the Huntington Beach Senior Housing Apartments located at 18431 Beach Blvd.
City Manager Chi introduced Housing Manager Charles Kovac who presented a PowerPoint
communication entitled Public Hearing for the Issuance of Multifamily Housing Revenue Bonds for
Huntington Beach Senior Housing Apartments with slides titled: Background, Income Limits/Affordable
Rents, Construction Financing, Permanent Financing, Request for Bond Approval, Recommended
Action, and Questions.
Mayor Delgleize opened the Public Hearing .
Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estan islau announced supplemental
communication that was received by her office following distribution of the Council Agenda packet:
Public Hearing
#25 (21 -976) PowerPoint Communication titled Public Hearing for the Issuance of Multifamily Housing
Revenue Bonds for Huntington Beach Senior Housing Apartments submitted by Ursula Luna-
Reynosa, Director of Community Development.
Public Hearing Speakers -None
There being no public speakers, Mayor Delgleize closed the Public Hearing.
Councilmember Kalmick confirmed with Director Luna-Reynosa that California Municipal F inance
Authority is issuing the bonds , debt service responsibility belongs to the developer through revenue
generated by the project, and Federal law requires City Council to approve the project.
A motion was made by Moser, second Bolton to conduct the public hearing under the requirements of
TEFRA and the Internal Revenue Code of 1986, as amended (the "Code"); and, adopt Resolution No.
2021-76, "Resolution of the City Council of the City of Huntington Beach Approving California Municipal
Finance Authority Issuance of the Multifamily Housing Revenue Bonds in an Aggregate Principal Amount
Not To Exceed $20,000,000 for the Purpose of Financing or Refinancing the Acquisition, Construction,
Improvement and Equipping of Huntington Beach Senior Housing and Certain Other Matters Relating
Thereto." (Attachment 1)
The motion carried by the following vote :
AYES:
NOES:
Peterson, Bolton, Posey, Delgleize, Carr, Moser, and Kalmick
None
ADMINISTRATIVE ITEMS
City Council/PFA Regular Meet i ng Minutes
and Special Meeting Minutes for the Housing Authority,
Parking Authority, and Successor Agency
December 21, 2021
Page 17 of 28
26. 21-966 Accepted the lowest responsive and responsible bid, approved appropriation and
authorized execution of a construction contract with Green Giant Landscape, Inc. in
the amount of $1,864,013.45 for the Bluff Top Park Trail Improvements Project, CC-
1631
City Manager Chi introduced Public Works Director Sean Crumby who presented a PowerPoint
communication entitled Bluff Top Park Trail Improvement Project-Phase 2, with slides titled : Project
Overview, Scope of Work, Trail Improvements, and Thank You/Questions?
Mayor Delgleize stated her support for this exciting project.
Councilmember Carr confirmed with Director Crumby that the $1.7M funding received from
Assemblywoman Cottie Petrie-Norris was primarily used for Phase 1 of this project.
Councilmember Moser expressed her appreciation for the improvements taking place to increase safety.
A motion was made by Kalmick, second Posey to accept the most responsive and responsible bid
submitted by Green Giant Landscape, Inc. in the amount of $1 ,864 ,013.45; and , authorize the
appropriation of $48,609 from the Infrastructure Fund to account 31490010.82900 ; and, authorize the
Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney.
The motion carried by the following vote :
AYES: Peterson , Bolton, Posey, Delgleize, Carr, Moser, and Kalmick
NOES: None
27. 21-879 Accepted the lowest responsive and responsible bid, approved appropriation and
authorized execution of a construction contract with Legion Contractors Inc. in the
amount of $2,398,315.90 for the Rodgers Senior Center Redevelopment Project, CC-
1632
City Manager Chi introduced Public Works Director Sean Crumby who presented a PowerPoint
communication entitled Rodgers Seniors' Center Site Redevelopment with slides titled : Scope of the
project, and Rodgers Seniors' Center Background.
Mayor Delgleize stated how delighted members of the American Legion are to see this renovation and
the updated facilities for their use .
Councilmember Peterson asked to ensure there has been, or will be, opportunity for a good photo record
of the building before it is taken down . Councilmember Peterson noted that every pilot in WWII from this
area went through that building before the City of Huntington Beach bought it from Santa Ana and moved
it here. He also stated his support for a project that will also complete the City's commitment to provide a
building for the American Legion .
City Council/PFA Regular Meeting Minutes
and Special Meeting Minutes for the Housing Authority,
Parking Authority, and Successor Agency
December 21 , 2021
Page 18 of 28
Councilmember Carr thanked staff and City Manager Chi for making this project a reality , and noted that
Videographer Matt Lieffring is compiling a documentary on the history of the building before it is taken
down .
A motion was made by Peterson, second Carr to accept the most responsive and responsible bid
submitted by Legion Contractors, Inc. in the amount of $2,398,315.90; and, authorize the appropriation
of $1,358,539.08 from the Infrastructure Fund to account 31490009.82900; and, authorize the Mayor and
City Clerk to execute a construction contract in a form approved by the City Attorney.
The motion carried by the following vote:
AYES:
NOES:
28. 21-918
Peterson, Bolton, Posey, Delgleize, Carr, Moser, and Kalmick
None
Adopted Resolution No. 2021-68 approving and implementing the Memorandum of
Understanding (MOU) between the Huntington Beach Firefighters' Association
(HBFA) and the City of Huntington Beach for July 1, 2021, through December 31,
2023; and authorized appropriation of funds
City Manager Chi introduced Interim Administrative Services Director Brittany Mello who presented a
PowerPoint communication entitled: Consideration of Proposed Memoranda of Understanding with
Huntington Beach Firefighters' Association; Fire, Police, and Marine Safety Management Associations;
and Management Employees ' Organization; and Introduction of the Huntington Beach Municipal
Teamsters' MOU with slides titled : Overview (3), Proposed Memoranda of Understanding (3), and City
Council Options .
Councilmember Peterson noted that the Management Associations have been without a contract for
some time , and again thanked the Fire Department for accepting minimal increases during the
restructuring effort. He also explained that these raises are in steps over time and not an immediate
raise for everyone. Councilmember Peterson stated his opinion it would benefit the Council as well as the
residents if there were more dialogue involved in the negotiating process in the future.
Mayor Carr and City Manager Chi discussed the process used this time to bring contract dates and
unified pay schedule alignment, and did not provide base cost-of-living adjustments (COLA) increases,
but rather provided additional steps to earn increases moving ahead . City Manager Chi stated the
improved labor relations was a positive outcome for everyone and demonstrates acknowledging staff
value while being fiscally responsible.
Mayor Pro Tern Posey stated his support for bringing back an outside labor negotiator for the next round
of negotiations, and thanked labor for accelerating the process this time, and submitting realistic
proposals.
Councilmember Carr thanked all of the Management Associations for making the process easier, and for
being realistic in providing fair offers.
A motion was made by Carr, second Moser to adopt Resolution No . 2021-68, "A Resolution of the City
Council of the City of Huntington Beach Approving and Implementing the Memorandum of Understanding
Between the Huntington Beach Firefighters' Association (HBFA) and the City for July 1, 2021 , through
City Council/PFA Regular Meeting Minutes
and Special Meeting Minutes for the Housing Authority,
Parking Authority, and Succe ss or Agency
December 21 , 2021
Page 19 of 28
December 31, 2023;" and , authorize appropriations for all costs related to implementation of Resolution
No . 2021 -68.
The motion carried by the following vote:
AYES :
NOES:
29. 21-919
Peterson,. Bolton , Posey, Delgleize , Carr, Moser, and Kalmick
None
Adopted Resolution No. 2021 -67 approving and implementing the Memorandum of
Understanding (MOU) between the Huntington Beach Fire Management Association
(FMA) and the. City of Huntington Beach for July 1, 2021, through December 31,
2023; and authorize appropriation of funds
A motion was made by Carr, second Moser to adopt Resolution No. 202 1-67, "A Resolution of the City
Council of the City of Huntington Beach Approving and Implementing the Memorandum of Understanding
Between the Huntington Beach Fire Management Association (FMA) and the City for July 1, 2021 ,
through December 31 , 2023;" and , authorize appropriations for all costs related to implementation of
Resolution No. 20 2 1-67.
The motion carried by the following vote :
AYES :
NOES:
Peterson , Bolton , Posey, Delg lei ze , Carr, Moser, and Kalm ick
None
30 . 21 -996 Adopted Resolution No. 2021-71 approving and implementing the Memorandum of
Understanding (MOU) between the Management Employees' Organization (MEO)
and the City of Huntington Beach for January 1, 2022, through December 31 , 2024
A motion was made by Carr, second Moser to adopt Resolution No. 2021-71 , "A Resolution of the City
Council of the City of Huntington Beach Approving and Implementing the Memorandum of Understanding
between the Huntington Beach Management Employees' Organization (MEO) and the City for January 1,
2022 , through December 31 , 2024."
The motion carried by the following vote :
AYES:
NOES :
Peterson , Bolton , Posey, Delgleize , Carr, Moser, and Kalmick
None
31 . 21-995 Adopted Resolution No. 2021 -72 approving and implementing the Memorandum of
Understanding (MOU) between the Marine Safety Management Association (MSMA)
and the City of Huntington Beach for January 1, 2022, through December 31, 2024
A motion was made by Carr, second Mose r to adopt Resolution No. 202 1-72, "A Resolution of the City
Council of the City of Huntington Beach Approving and Implementing the Memorandum of Understanding
between the Huntington Beach Marine Safety Management Association (MSMA) and th e City for January
1, 20 22, through December 31, 2024."
The motion carried by the following vote :
AYES :
NOES:
City Council/PFA Regular Meeting Minutes
and Special Meeting Minutes for the Housing Authority,
Parking Authority, and Successor Agency
December 21, 2021
Page 20 of 28
Peterson , Bolton , Posey , Delgleize, Carr, Moser, and Kalmick
None
32. 21 -994 Adopted Resolution No. 2021-70 approving and implementing the Memorandum of
Understanding (MOU) Between the Police Management Association (PMA) and the
City of Huntington Beach for July 1, 2021, through December 31, 2023
A motion was made by Carr, second Moser to adopt Resolution No . 2021-70 , "A Resolution of the City
Council of the City of Huntington Beach Approving and Implementing the Memorandum of Understanding
between the Huntington Beach Police Management Association (PMA) and the City for July 1, 2021
Through December 31 , 2023 ."
The motion carried by the following vote:
AYES:
NOES:
Peterson, Bolton , Posey , Delgleize, Carr, Moser, and Kalmick
None
33. 21-990 Approved Introduction of the Proposed Memorandum of Understanding (MOU)
Between the Huntington Beach Municipal Teamsters (HBMT) and the City of
Huntington Beach for January 1, 2022, through December 31, 2024
A motion was made by Carr, second Moser to approve the introduction of the proposed Memorandum of
Understanding between the Huntington Beach Municipal Teamsters and the City of Huntington Beach for
the period of January 1 , 2022 , through December 31 , 2024 .
The motion carried by the following vote:
AYES :
NOES :
Peterson , Bolton, Posey, Delgleize, Carr, Moser, and Kalmick
None
34. 21 -988 Adopted Resolution No. 2021-79 Amending the City's Classification Plan to Add
Council Policy Analyst as a New Job Classification, and Approved Requisite
Funding for the Role
City Manager Chi provided a brief introduction for the item, and noted that Interim Administrative
Services Director Brittany Mello was also available to answer any questions .
Councilmember Kalmick confirmed with City Manager Chi that staffing has been coordinated based on
operational needs. Councilmember Kalmick feels the suggested position changes will meet some of the
needs created by losing an employee who worked 80 to 100 hours per week. He sees the
responsibilities of this position as helping to 1) inform residents , 2) develop public policy , and 3) involved
in reorganization , working alongside a new City Manager. Councilmember Kalmick voiced his support
for the presented classification.
Mayor Pro Tern Posey stated he would support this item with cautious optimism as long as the process
and rules used in the past are still applicable , such as project time limitations, and ensuring the position
reports exclusively to the City Manager.
City Council/PFA Regular Meeting Minutes
and Special Meeting Minutes for the Housing Authority,
Parking Authority, and Successor Agency
December 21, 2021
Page 21of28
Council member Peterson stated he could not support this item as he views many of the described
responsibilities as already part of the Public Information Officer (PIO) responsibilities. He further stated
his opinion there are a number of other positions that could be funded with this money, which would
result in greater benefit to the public and City's businesses.
Councilmember Carr explained that this position is really an assistant to the City Manager, and the City
Manager will be directing this position , not the City Council. She further stated that additional staff will be
required to make a successful City Manager transition, and therefore this item has her support.
Councilmember Moser stated this item has her support because the position reports to the City Manager
and Assistant City Manager. She added her expectation this position will ensure projects are completed
efficiently with the right resources.
Councilmember Bolton stated that just responding in a timely manner to the volume of public inquiries
provides justification for her support of this item.
Mayor Delgleize stated her support for Councilmember Bolton's comments, appreciation for having
experienced the support of such a position in the past, and therefore appreciating the impact approving
this item will provide Council.
A motion was made by Kalmick, second Posey to adopt Resolution No . 2021-79, "A Resolution of the
City Council of the City of Huntington Beach Amending the City's Classification Plan by Add ing the Job
Classification of Council Policy Analyst and Establishing Compensation ," and authorize filling the position
during the current FY 2021/22 , by allocating $75,000 from the General Fund to establish the role of
Council Policy Analyst.
The motion carried by the following vote :
AYES:
NOES :
Bolton , Posey, Delgleize , Carr, Moser, and Kalmick
Peterson
ORDINANCES FOR INTRODUCTION
35. 21 -847 Approved for Introduction Ordinance No. 4245 amending Ch. 3.02 of the Huntington
Beach Municipal Code, Ordinance No. 4246 adding Ch. 17.52 to the Huntington
Beach Municipal Code, and Ordinance No. 4247 amending Chapter 8.21 and adding
Ch. 8.22 of the Huntington Beach Municipal to comply with State Mandated
Organics Collection and Recycling Services, Edible Food Recovery, and
Procurement As Required by CalRecycle
City Manager Chi introduced Public Works Director Sean Crumby who presented a PowerPoint
communication entitled Introduction of Ordinances for the Implementation of SB 1383 Regulation with
slides titled : Background (2), Implementation Regulations, City of HB Responsibilities (2), Tonight 's
Ordinances (2), Next Steps, and Questions and Comments.
Mayor Delgleize confirmed with Director Crumby that Ordinance No. 4245 allows staff to develop
program details, confirm that solid waste hauler Republic has implemented treatment changes on the
City Council/PFA Regular Meeting Minutes
and Spe ci al Meeting Minutes for the Hou si ng Authority,
Parki ng Aut hor it y, and Su ccessor Ag enc y
December 21, 2021
Page 22 of 28
back end , and then return back to the community with adjusted rates . If approved for introd uction
ton ight, the second reading would be in January, and if approved at that t ime , t he Ordinance would be
effective 30 days later.
Councilmember Peterson and Director Crumby discussed that the new processing requirements are
actually performed at the trash collection facility, and the State regulations apply to all municipalities ,
regardless of whether or not they operate under a charter.
Councilmember Kalm ick and Director Crumby discussed the multi-family si t uations where it will be
necessary to see if it will be possible to host a second bin , or possibly going w ith smaller bins with more
frequent pick-ups. The ultimate option would be to change to a three-b in system , but the program will
require evaluating each property individually. There was further discussion on the was te stream .
Councilmember Carr and Director Crumby discussed public outreach and education plans , which will be
coordinated with Republic using mailers , stutters in the utility bills and soci al media .
Councilmember Carr and Director Crumby briefly discussed code enforcement not ing t he emphasis will
be focused on cooperation to meet compliance .
Director Crumby described the handling process for construction and demolition waste , which must be
processed separately .
Council m e mber Mose r and Director C rumby discussed options for updating several aspects of the
Republic contract, and Director Crumby stated any changes outs ide of these specific Ordinances would
be handled as a separate item at another time.
A motion was made by Kalmick, second Carr to , after the City Clerk reads by ti t le , app rove for
Introduction Ordinance No. 4245, "An Ordinance of the City Council of the Ci t y of Hunti ngton Beach
Amending Chapter 3.02 of the Huntington Beach Municipal Code Purchase of Goods and Services;"
and , approve for Introduction Ordinance No . 4246 , "An Ordinance of t he City Counci l of the C ity of
Huntington Beach Adding Chapter 17.52 to the Huntington Beach Mun icipal Code Green Bui lding
Standards Code ;" and , approve for Introduction Ordinance No . 4247 , "An Ordinance of the City Council
of the City of Huntington Beach Amending Chapter 8 .21 of the Huntington Beach Municipa l Code Refuse
Management and Adding Chapter 8 .22 Mandatory Organic Waste Disposa l Reduction ."
The motion carried by the following vote :
AYES :
NOES:
36. 21-991
Peterson , Bolton , Posey, Delgleize , Carr, Moser, and Kalmic k
None
Approved for Introduction Ordinance No. 4248 amending Chapter 5.48 of the
Huntington Beach Municipal Code regulating Taxicabs to comply with California
Government Code Section 53075.5 and Adopted Resolution No. 2021-78 to
establish fees for the City of Huntington Beach's Taxicab Program
C ity Manager Chi introduced Chief Financial Officer (CFO) Dahle Bu losan w h o presented a Powe r Point
communication entitled City of Huntington Beach Ta x ica b Program with slides t itled: Ba c kgro und, City of
Huntington Bea ch Ta x icab Program, Ta x icab Program Fees, and Recommended Action.
City Council/PFA Regular Meeting Minutes
and Special Meeting Minutes for the Hou sing Authority,
Parking Authority, and Succes sor Agency
December 21, 2021
Page 23 of 28
Mayor Delgleize and CFO Bulosan discussed that neighboring impacted Orange County cities appear to
be in the midst of this same process, and there currently is not another municipal model. CFO Bulosan
briefly reviewed the process and confirmed that the Huntington Beach Police Department will also be
involved in the licensing process.
Councilmember Posey and CFO Bulosan discussed the different government classifications for yellow
cabs hailed on the street versus ride sharing services, and confirmed that this Ordinance relates to
yellow cabs only.
Councilmember Kalmick confirmed with CFO Bulosan that the Ordinance would not affect Circuit
transportation options.
A motion was made by Posey, second Moser to, after the City Clerk reads by t itle , approve for
Introduction Ordinance No . 4248, "An Ordinance of the City of Huntington Beach Amending Chapter 5.48
of the Huntington Beach Municipal Code Taxicab-Vehicles for Hire;" and , adopt Resolution No. 2021-78,
"A Resolution of the City Council of the City of Huntington Beach Establishing Taxicab Permit Fees By
Amending Resolution 2016-59, As Amended By Resolution Nos. 2017-28, 2017-44, 2017-46, 2018-01,
2018-29 , 2018-48, 2018-55 , 2019-07, 2019-19, 2019-87 , 2020-37, 2021-17, 2021 -18 And 2021-36,
Which Established A Consolidated Comprehensive Citywide Master Fee and Charges Schedule
(Supplemental Fee Resolution 15).
The motion carried by the following vote:
AYES :
NOES:
Peterson, Bolton, Posey, Delgleize , Carr, Moser, and Kalmick
None
COUNCILMEMBER ITEMS
37. 21-1008 Item Submitted by Mayor Delgleize, Mayor Pro Tern Posey and Councilmember
Kalmick continued for Closed Session discussion on January 18, 2022 -Request
that Staff engage a process to facilitate City Council selection of an Outside Legal
Firm that would directly report to and support the City Council
Mayor Delgleize introduced this item by reading a prepared statement documenting her perspective on
the issue, including her request to review the City Charter for clarificat ion so Council's concerns can be
resolved once and for all. She also shared her disappointment in the extreme public response to this
item by City Attorney Gates, and stated the need for a second legal opinion in some situations . She
added she is not interested in usurping City Attorney Gates, and conf irmed that historically he has
brought in other legal counsel when City Council deemed it necessary.
Councilmember Kalmick stated his surprise at the extreme and public response to this item by City
Attorney Gates. Councilmember Kalmick described a theoretical circuitous legal situation and asked
how it would be circumvented if Councilmembers were served . In summary, Councilmember Kalmick
stated his opinion that if there were a conflict of interest, and an adverse relationship exists between C ity
Council and the City Attorney , as a corporate body the City Council is then stuck. He continued by
asking who represents the Councilmembers when residents sue them, as they have threatened to do
several times, and the City Attorney was elected by the residents to represent them . Councilmember
City Council/PFA Regular Meeting Minutes
and Special Meeting Minutes for the Housing Authority,
Parking Authority, and Successor Agency
December 21, 2021
Page 24 of 28
Kalmick also asked how Councilmember interests could be served when the City Attorney has
threatened a lawsuit against Councilmembers via communication on City of Huntington Beach
letterhead.
Mayor Pro Tern Posey stated his support for Councilmember Kalmick's comments and agreed there is
no intent to usurp the authority of City Attorney Gates or engage outside legal authority for anything other
than a second opinion. Mayor Pro Tern Posey provided three litigation examples to describe his
concerns , and stated his request for City Attorney Gate's cooperation when Council seeks a second
opinion. Mayor Pro Tern Posey stated he is not minimizing the role of C ity Attorney Gates, and clarified
that City Council has the option to accept or reject the advice of City Attorney Gates. Mayor Pro T ern
Posey added there should be an option for a second opinion to confirm, or not, the advice of the City
Attorney, or another opinion held by Councilmembers.
Councilmember Peterson added information from his perspective related to Mayor Pro Tern Posey's
litigation examples , and provided another example to document that City Council majority currently can
ask, and has successfully asked for, second legal opinions. Councilmember Peterson shared he had
discussed this situation with some previous Councilmembers, and it appears possibly this Council may
be trying to make policy changes based on their conflicts with the person of Mr. Gates. He stated his
support for following the City Charter, and his opinion that this item is wrong.
Councilmember Bolton stated she had read all of the documentation for this item, including the initial
public response by City Attorney Michael Gates and his references , as well as the City Charter. She
added that under Rules of Professional Responsibility, there is no allowance for any attorney to
rep resent and also sue a client. Councilmember Bolton explained that the Rules of Professional
Responsibility dictate that if there is an adversarial position with your own attorney, then it is appropriate
for the client to retain different counsel. She further stated her opinion that City Charter provisions 304B
and 309 are inconsistent, and she is not aware of any case law that has addressed the prec ise situation
that currently exists. Councilmember Bolton suggested that the focus be directed to reaching an
agreement on a procedure to follow when there is an adversarial situation like th is .
Councilmember Moser thanked Councilmember Bolton for her comments, and described the confusing
inconsistencies between City Charter provisions 304B and 309. She stated her desire to focus on
clarifying through the City Charter how to handle a situation when there is conflict between the City
Attorney's Office and City Council.
Councilmember Carr explained that as a municipal corporation, the City Council is the Board of Directors
and voice of the people, not the City Attorney, who is the head of the Legal Department. Councilmember
Carr further stated her opinion that the letter of public response from City Attorney Michael Gates
violated the confidentiality of Closed Session. She acknowledged the differences of opinion between
Councilmembers and City Attorney Michael Gates on how to respond to State housing mandates , and
shared her opinion that suing the State is not the appropriate response. Councilmember Carr stated her
dismay at recent judgement calls made by City Attorney Gates and his public responses , which indicate
he does not have the back of the City Council, and it appears he is speaking for the City, which is the
responsibility of the Mayor.
Mayor Delgleize stated that the co nflict between provisions 304B and 309 of the City Charter must be
corrected. She also rhetorically asked City Attorney Gates why he would choose to respond to a
Councilmember Item through social media.
City Council/PFA Regular Meeting Minutes
and Special Meeting Minutes for the Housing Authority,
Parking Authority, and Successor Agency
December 21, 2021
Page 25 of 28
Councilmember Peterson asked Mayor Delgleize to allow City Attorney Gates to respond to comments
made by the Council.
City Attorney Gates stated he both agrees and disagrees with the comments made this evening, and the
reality is he and Council are stuck working together as they are all elected officials. He added that the
Court has already resolved the apparent conflict between City Charter provisions 3048 and 309 and in
the past, the City has abided by the Court of Appeal decision. City Attorney Gates confirmed that he has
always followed the City Council's direction on whether or not to file lawsuits, appeal , or settle. He
explained that Council direction comes through votes, not through one-on-one "hallway" conversations.
City Attorney Gates stated that when City Councilmembers, by this Councilmember "H" Item, decide to
try to violate the law, he cannot support that action . City Attorney Gates also provided examples of the
many instances that second opinions were secured at Council's request. He stated his opinion that this
item should have been agendized for discussion in Closed Session , and not in a public forum .
City Attorney Gates closed his remarks by stating his desire is to provide the best legal representation for
the City , and that his constituents expect to hear his responses. He asked that the City Council not
continue to address this conflict in public, but rather continue the discussion in a Closed Session . City
Attorney Gates clarified for the record that he has never made public comments on City Council policy
decisions.
Mayor Delgleize stated support for continuing the discussion as a Closed Session item .
Councilmember Bolton stated her opinion there is a fundamental disagreement about the legality of what
City Council is striving to accomplish when the City Attorney has a conflict because the City Charter is
not clear.
City Attorney Gates responded that it is the responsibility of the City Attorney to determine if there is a
conflict , and the Council already has the right to choose legal counsel for any specific conflict.
Councilmember Bolton stated she does not like the fact that Councilmembers are accused of ignoring
the law, and it appears to her that City Attorney Gates and Councilmembers are in a very adversarial
situation, and interpretation of the Charter conflict represents the false concept that people police
themselves, and that issue must be addressed.
City Attorney Gates stated his opinion that this conversation has evolved into a "what if there is ever a
conflict" and there are already ways to get additional legal counsel for City Council. He stated the
current issue is the Councilmember "H" Item which seeks " ... selection of an Outside Legal Firm that
would directly report to and support the City Council." He continued by stating Councilmembers are
creating the conflict when they acknowledge the City Attorney is the City's legal voice, while trying to
independently get a second opinion. City Attorney Gates stated he would not support, condone or
endorse efforts that only further complicate their relationship .
Mayor Delgleize shared her opinion that the Councilmember "H" Item could have been written better.
Councilmember Kalmick stated his opinion that City Attorney Gates has presented an unpublished case
and expressed his personal opinion and interpretation, but it is not case law, and if Councilmember
City Council/PFA Regular Meeting Minutes
and Special Meeting Minutes for the Housing Authority,
Parking Authority, and Successor Agency
December 21, 2021
Page 26 of 28
Kalmick wants a second opinion on the City Attorney Gates interpretation , he currently has to go through
City Attorney Gates to get it. Councilmember Kalmick further added that he does not agree with City
Attorney Gates opinion that the Councilmember "H" Item as presented is illegal.
Mayor Delgleize asked for recommendations for moving forward and reaching a resolution.
City Attorney Gates suggested one way to resolve the Charter conflict is to agree to file a Declaratory
Relief Action with the court, and let a judge decide.
A motion was made by Bolton, second Carr to continue discussion on the item in Closed Session.
Discussion ensued.
Councilmember Kalmick clarified that the Councilmember "H" Item is to engage a process to facilitate the
City Council's selection of an outside legal firm, does not exclude the City Attorney from the discussion ,
and work with the City Manager to develop a process to access outside counsel in adverse situations.
Councilmember Carr stated her support for Councilmember Kalmick's clarified statement.
City Attorney Gates stated that City Council can legally request outside counsel through his office, or
proceed illegally by going through the City Manager to secure outside counsel.
Councilmember Carr asked City Attorney Gates that if Councilmember Kalmick did not agree with a City
Attorney's opinion , could Council member Kalmick go to one of the lega l firms recommended by the City
Attorney's Office, for a second opinion .
City Attorney Gates clarified that only the City Council as a whole, not as an individual Councilmember,
could reach out to another law firm. If there was a conflict where he, as City Attorney, chose to recuse
himself, he would present a panel of law firms from which the City Council could choose for their opinion .
Mayor Pro Tern Posey stated that in theory the process sounds great, and described the situation when
City Council made the decision to not sue the State [regarding housing mandates], and yet City Attorney
Gates publicly contradicted Council's decision by stating his opinion was to litigate.
l
City Attorney Gates responded by asking what the purpose really is for rehashing these situations which
don't warrant violating the City Charter.
Mayor Delgleize responded that no one is interested in violating the City Charter, but there is a need to
assess the Charter in a way that feels fair.
City Attorney Gates stated his goal is to provide the best legal representation possible that often requires
second opinions and consulting with experts, and also that his office's ninety percent plus win rate on
cases is a remarkable record.
Mayor Delgleize stated that a real win would be if City Attorney Gates completely stayed off socia l media.
Councilmember Carr asked if anyone was considering a substitute motion , based on comments by City
Attorney Gates, to direct the City Council and City Manager to select a process to facilitate selection of
an Outside Legal Firm, amended to include "with the help of the City Attorney."
City Council/PFA Regular Meeting Minutes
and Special Meeting Minutes for the Housing Authority,
Parking Authority, and Successor Agency
December 21, 2021
Page 27 of 28
Councilmember Kalmick stated concerns regarding a previous situation when there was a conflict and
City Attorney Gates recused himself.
City Attorney Gates stated the process worked for previous Councils, but it appears that certain current
Councilmembers did not like those results when he followed that City Council's direction.
City Manager Chi summarized the options before the Council: 1) vote on the motion to continue the
discussion to Closed Session for selecting additional legal support for the Council, or 2) make a
substitute motion to identify a selection process to find outside legal counsel and include the City
Attorney in the discussion , or 3) just do nothing .
Councilmember Carr stated support for returning to discussions during the next Closed Session , and
determining at that time the boundaries for using an outside legal firm , and when it would be appropriate
to include the City Attorney in the discussions.
A substitute motion was made by Kalmick, second Bolton to direct the City Manager to engage a
process, which includes discussion with the City Attorney's Office, to facilitate the City Council's selection
of an outside legal firm, for conflict situations, that would directly report to and support the City Council ,
and then exclude any further involvement by the City Attorney's Office. Discussion ensued.
Councilmember Bolton withdrew her second to Councilmember Kalmick's substitute motion, and
amended her original to continue discussions in Closed Session at the Council's next regular meeting on
January 18, 2022. Councilmember Carr seconded the motion as amended .
The original motion as amended carried by the following vote:
AYES:
NOES :
Peterson , Bolton, Posey, Delgleize, Carr, Moser, and Kalmick
None
COUNCILMEMBER COMMENTS (Not Agendized)
Mayor Delgleize expressed her gratitude to everyone who spoke up on Councilmember Items #37.
In closing, Mayor Delgleize read the following statement:
"You are going to come in contact with a lot of people who are absolutely at the breaking point this week.
Friends, family, co-workers, teachers, strangers in the grocery store, or retail workers. While it may be
the merriest time of the year for some, it is the saddest, most stressful , loneliest, and most heart breaking
for others. We are all busy, but not too busy to be kind , caring and patient. Remember, the best thing
you can do this season is to give someone love."
ADJOURNMENT -10:32 PM to the next regularly scheduled meeting of the Huntington Beach City
Council/Public Financing Authority on Tuesday, January 18, 2022, at 4:00 PM in the Civic Center Council
Chambers, 2000 Main Street, Huntington Beach, California .
City Council/PFA Regular Meeting Minutes
and Special Meeting Minutes for the Housing Authority,
Parking Authority, and Successor Agency
December 21, 2021
Page 28 of 28
INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA AND
STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT
http://www.huntingtonbeachca.gov
ATTEST:
.,City Clerk-Secretary
City Cle(/£~ff~t.= Council
of the City of Huntingt on Beach and Secretary of
the Public Financing Authori ty , Housing Authority,
Parking A uthority and Successor Agency of the
City of Huntington Beach , Ca lifornia