HomeMy WebLinkAbout2022-02-15Minutes
City Council/Public Financing Authority
City of Huntington Beach
Tuesday, February 15, 2022
4:00 PM -Study/Closed Sessions
6:00 PM -Regular Meeting
Civic Center, 2000 Main Street
Huntington Beach, California 92648
or Virtual via Zoom Webinar
A video recording of the 4:00 PM and 6:00 PM portions of this meeting
is on file in the Office of the City Clerk, and archived at
www.surfcity-hb.org/government/agendas/
4:00 PM -COUNCIL CHAMBERS
CALLED TO ORDER -4:00 PM
ROLL CALL
Present:
Absent:
Peterson , Bolton, Posey, Delgleize, Carr, Moser, and Kalmick
None
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution)
Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced supplemental
communications received by her office following distribution of the Council Agenda packet:
Study Session
#1 (22-131) PowerPoint Presentation titled Policy Discussion Concerning Cannabis-related Taxation &
Regulation received from Sean Joyce, Interim City Manager.
#1 (22-131) A document titled Methodology: Core Decision Analytics (CODA) conducted N=400 live
telephone inteNiews among City of Huntington Beach likely voters from Thursday,
November 18-Sunday, November 21, 2021, received from Councilmember Peterson.
PUBLIC COMMENTS PERTAINING TO STUDY SESSION I CLOSED SESSION ITEMS
(3-Minute Time Limit) -2 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.
Michael Moussalli, a resident of Huntington Beach and owner of two cannabis manufacturer/distribution
businesses, was called to speak, shared his positive business experiences in Costa Mesa, and
expressed his interest in working to help ensure best practices are also established in Huntington Beach.
(00:02:57)
Kandice Hawes-Lopez, Founder and Director Emeritus, Orange County NORML for the reform of
marijuana laws, was called to speak, stated support for responsibly regulating cannabis businesses , and
Council/PFA Regular Meeting
February 15, 2022
Page 2of15
offered to assist and share their experience and knowledge for the benefit of the City, business owners
and consumers . (00 :04:55)
STUDY SESSION
1. 22 -131 Discussion of the Policy Issues concerning the Cannabis-related Taxation and
Regulation
Interim City Manager Sean Joyce introduced Senior Administrative Analyst, Grace Yoon -Taylor and
Senior Planner Hayden Beckman who presented a PowerPoint entitled Policy Discussion concerning
Cannabis-related Taxation & Regulation with slides titled : Background, Background-Continued, Policy
Decision 1-5 by the City Council, Policy Decision: What Types of Cannabis Industry, Commercial
Cannabis -Categories, Cannabis Industry Types: Retail or Non-Retail? Comparison with other cities,
Policy Decision: What types of businesses should the City Allow?, Policy Decision: How many licenses
should be allowed and how?, Policy Decision: How many licenses should be issued and how?, Policy
Decision 2-1 : If cap on number of licenses, how to select?, Policy Decision 2-1: If cap on number of
licenses, how to select?, Policy Decision: Where to locate through Zoning & Buffer requirements?,
Zoning Buffer Restriction -Comparison w/other cities, Policy Decision : Where to locate through Zoning &
Buffer requirements? (3), GIS Maps for Eligible Areas (Zoning & Buffers (2), Policy Decision : Revenue
Generating Options, Policy Decision 4-1: Ta x Rate, Projected Tax Revenue & Costs, Policy Decision:
Revenue Generating Options, Policy Decision: Security, Inspection, and Enforcement Protocols (3),
Summary: Non-Consensus Policy Areas, and Next Steps I Recommendations .
Councilmember Kalmick thanked staff for the detailed report and explained his opinion that if Council
chooses to proceed with this item, the discussion needs to result in determining whether to proceed with
placing a tax measure on the June ballot. The results of the June tax vote would be indicative of how to
proceed in preparing for the November ballot.
Mayor Pro Tern Posey stated he is aware of competing interests and initiatives, and his support for
allowing voters to decide. He further stated his opinion that projected revenue is insufficient to offset
costs. Mayor Pro Tern Posey and audience participant Dana Cisneros, an attorney, discussed the
industry system called "Metric" which tracks each plant from seed to sale. Ms . Cisneros explained there
are financial service providers that interact with FDIC insured banks and credit unions to process non-
cash transactions.
Mayor Pro Tern Posey stated he has a number of questions he would like answers to before he is ready
to make a decision.
Councilmember Peterson stated his opinion there is no urgency for this topic and stated he will be able to
provide answers for any Councilmember questions .
Mayor Pro Tern Posey stated his questions include how many customers could be expected per store
from a population of 20,000 -30,000 people; average number of visits per month per customer; average
transaction amount; monthly gross; the impact on the Police Department related to the illicit market;
effect on DUI arrests ; and taxation tipping point, or when does legal product become too expensive and
drive business to the illicit market.
Council/PFA Regu lar Meeting
February 15, 2022
Page 3of15
Michael Moussalli explained his experience in Costa Mesa related to taxes at city and state levels, as
well as different grower and retail tax levels ; and , provided examples of compliance and product testing
costs that can quickly make a business unsustainable, especially if a city sets the tax rate too high.
Councilmember Carr confirmed with Mr. Moussalli that product delivery is considered retail , and he
ex plained the state has two licenses: storefront location with delivery, or delivery only.
Councilmember Kalmick confirmed that lounges are not being considered, and only indoor cultivation
would be permitted .
Councilmember Moser, in referencing the tax options suggested by the Ad Hoc Committee, stated her
support for more tax flexibility by allowing a wider spread between the low and high end . Mr. Moussalli
explained that city ta xes are applied to gross sales, and added that IRS regulations prohibi°t distribution
or sale businesses from writing off any expenses .
Councilmember Posey and Mr. Moussalli discussed the unlikely possibility that marijuana will be moved
from Schedule I to Schedule II at the Federal level ; and if it were, the process to re -write state and city
laws would take considerable time.
Mayor Delgleize confirmed with Mr. Moussalli that there are state officials who can provide support and
resources for marijuana businesses .
Councilmember Bolton stated her support for Council moving forward as quickly as possible in order to
maintain control.
Councilmember Kalmick stated his support for Council asking staff to prepare a marijuana initiative for
the March 1, 2022, Council meeting in order to meet the March 11 deadline for a June ballot initiative.
He stat ed his e x pectation for another Study Session to review maps and receive responses from staff on
the questions posed by Council during tonight's Study Session.
Councilmember Peterson stated his support for a 4 -6% tax rate , suggested that Councilmembers
review the Supplemental Communication survey results (from a survey sponsored by one of the public
initiative proponents) to better understand resident opinions, and the majority desire to see a ballot
initiative on this issue.
REC ESSED TO CLOSED SESSION -5:03 PM
A motion by Moser, and second by Posey, to recess to Closed Session for Items# 4 -6 . With no
objections, the motion passed.
CLOSED SESSION ANNOUNCEMENT(S)
2. 22 -133 Mayor Delgleize Announced: Pursuant to Government Code§ 54957.6, the City
Council takes this opportunity to publicly introduce and identify designated labor
negotiator Sean Joyce, Interim City Manage r, who will be participating in today's
Closed Session discussions regarding labor negotiations with: Non-Represented
(Non-Associated) Employees (NA)
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February 15, 2022
Page 4of15
3. 22-134 Mayor Delgleize Announced: Pursuant to Government Code § 54957.6, the City
Council takes this opportunity to publicly introduce and identify designated labor
negotiators: Sean Joyce, Interim City Manager and Brittany Mello, Administrative
Services Director, who will be participating in today's Closed Session discussions
regarding labor negotiations for: City Manager
CLOSED SESSION
4. 22-129 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency
1 designated representatives: Sean Joyce, Interim City Manager. Employee
Organizations: Non-Represented (Non-Associated) Employees (NA)
5. 22-130 CONFERENCE WITH LABOR NEGOTIATORS (Unrepresented Employee)
Government Code section 54957.6. Title: City Manager, City Designated
Representatives: Sean Joyce, Interim City Manager and Brittany Mello,
Administrative Services Director
6. 22 -140 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of
subdivision (d) of Section 54956.9). Name of case: Hernandez (Angela) v. City of
Huntington Beach, et al., OCSC Case No. 30-2020-01137506
6:00 PM -COUNCIL CHAMBERS
RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING -6:03 PM
ROLL CALL
Present:
Absent:
Peterson, Bolton, Posey, Delgleize , Carr, Moser, and Kalmick
None
City Clerk Robin Estanislau announced that Chief Assistant City Attorney Mike Vigliotta is attending
tonight's meeting on behalf of City Attorney Michael Gates who is involved in an active court trial.
PLEDGE OF ALLEGIANCE -Led by Mayor Pro Tern Posey
INVOCATION
In permitting a nonsectarian invocation, the City does not intend to proselytize or advance any faith or
belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation .
7. 21-964 Zarathushti Ma neck Bhujwala of the Zoroastrian Community and member of the
Greater Huntington Beach Interfaith Council
CLOSED SESSION REPORT BY CITY ATTORNEY -None
AWARDS AND PRESENTATIONS
Council/PFA Regular Meeting
Februa ry 15, 2022
Page 5of15
8. 22-125 Mayor Delgleize presented the Mayor's HB Excellence Award for the month of
February to Justin Torres, Landscape Maintenance Supervisor, Department of
Public Works
Mayor Delgleize explained that the Mayor's HB Excellence Award is selected by fellow employees for
individuals that demonstrate humility, social awareness, passion, exceptionality, integrity, and are team
oriented .
Justin started his career with the City in 2005 as a maintenance worker and has been promoted five
times during his 17 years of service. Justin 's team oversees landscaping and playground maintenance
for 78 parks in Huntington Beach , plus street medians and City facilities, and he provides excellent
customer service .
Denny Bacon , Public Works Operations Manager, thanked Justin for his outstanding leadership when
Covid-19 required sudden and important changes to ensure everyone's safety, and noted Justin's
Arborist and Playground Equipment Inspector certifications . Manager Bacon described Justin as an
honest person , who is educated, and delivers.
Justin stated he loves his job working in the community where he was born and raised , and thanked
Mayor Delgleize for her support for City parks .
Mayor Delgleiz e provided a statement of condemnation in response to Anti-Semitic messaging seen in a
Huntington Beach neighborhood.
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:
Administrative Items
#17 (22-107) PowerPoint Presentation ti t led City of Huntington Beach -FY 2020121 Year-End Audit
Results & FY 202 1122 Mid-Year Budget Update received from Dahle Bulosan, Chief
Financial Officer.
Councilmember Items
#18 (22-132) Letter of Support regarding the Balsa Chica Lowlands Restoration Project received from
Assemblywoman Janet Nguyen.
#18 (22-132) Four (4) emails received regarding the Balsa Chica Wetlands.
#19 (22-137) Four (4) emails received from mobile home residents .
PUBLIC COMMENTS (2-Minute Time Limit) -23 In -Person and 7 Call-In Speakers
The number [hh:mm :ss] following the speakers' comments indicates their approx imate starting time in
the archived video located at http://www.surfcity-hb.org/governmentlagendas .
Carol Rohr, Pre sident of the Skandia Homeowners Associat ion , was invited to speak and shared details
related to the recent purchase of the mobile home park by what she described as a predatory investment
group, IPG, and thanked City Council and Interim City Manager Joyce for their support and efforts to
provide a fair and equitable solution to the problem for the City's seniors, veterans, disabled, retired and
Council/PFA Regular Meeting
February 15, 2022
Page 6of15
those living on fixed incomes. She stated that everyone should focus on a permanent resolution to the
problem . (01 :26 :41)
Norma Hannon , a 97-year-old resident of Huntington Beach , was called to speak and shared the
challenges of living on a fixed income with increasing rents, and asked City Council to ensure an
amendment to create a carve out for mobile home parks for City Charter Section 803 be placed on the
November 2022 ballot as a fair and equitable solution to the problem. (01 :28 :33)
Bob Herold, a 90-year-old resident of Skandia Mobile Home Park, was called to speak and shared the
challenges of living on a fixed income with increasing rents, and asked City Council to ensure an
amendment which would create a carve out for mobile home parks for City Charter Section 803 be
placed on the November 2022 ballot as a fair and equitable solution to the problem . (01 :29:09)
Suzan Neil , a resident of Skandia Mobile Home Park, was called to speak and shared the challenges of
living on a fixed income with increasing rents , and asked City Council to ensure an amendment to create
a carve out for mobile home parks for City Charter Section 803 be placed on the November 2022 ballot
as a fair and equitable solution to the problem . (01:31 :14)
Guy Morrow, a resident of Skandia Mobile Home Park, was called to speak and shared the challenges of
living on a fixed income with increasing rents, and asked City Council to ensure an amendment to create
a carve out for mobile home parks for City Charter Section 803 be placed on the November 2022 ballot
as a fair and equitable solution to the problem. (01 :32 :33)
Art Estrada , a resident of Skandia Mobile Home Park, was called to speak and shared the challenges of
living on a fixed income with increasing rents, and asked City Council to ensure an amendment to create
a carve out for mobile home parks for City Charter Section 803 be placed on the November 2022 ballot
as a fair and equitable solution to the problem . (01:34 :12)
Gina Alexander, a member of the Skandia Mobile Home Park Homeowner Association , was called to
speak and shared her opinions on blustering threats by the predatory Park owners and industry
managers who are victimizing mobile home park residents, and encouraged local government to resist
addressing the challenges of living on a fixed income with increasing rents. (01 :36:25)
Dan Pantano, a resident of Skandia Mobile Home Park, was called to speak and shared his personal
experience in dealing with Manufactured Housing Educational Trust (MHET) Rental Assistance Program ,
which apparently is no longer accepting new applications, and the predatory practices of Skandia's new
property managers. (01 :38:32)
Tim Geddes, a long-time residentpf Huntington Beach , was called to speak and stated his appreciation
and support for Councilmember Items No. 19 regarding a Senior Resource Fair, which he expects to
benefit the victims of space rent spiking by corporate mobile home park owners. He further shared his
opinions on the inadequate and restrictive assistance program offered by Manufactured Housing
Education Trust (MHET), and stated local government must do what it can to protect these vulnerable
citizens. (01 :41 :50)
Sheila Lugenbuehl, resident of the Skandia Mobile Home Park , was called to speak, and asked that City
Council support placing a mobile home carve out amendment to City Charter Section 803 on the
November 2022 ballot. (01 :43:46)
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February 15, 2022
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Michael Lugenbuehl, a resident of Skandia Mobile Home Park, was called to speak , described the
planned unfair rent increases, and asked that City Council support placing a mobile home carve out
amendment to City Charter Section 803 on the November 2022 ballot. (01 :45:29)
Patricia Taylor, a resident of Rancho Huntington Mobile Home Park, was called to speak and asked that
City Council support placing a mobile home carve out amendment to City Charter Section 803 on the
November 2022 ballot. (01:47:10)
Richard Smith, a veteran and resident of Skandia Mobile Home Park, was called to speak and asked that
City Council support placing a mobile home carve out amendment to City Charter Section 803 on the
November 2022 ballot. (01 :49:22)
Serena Taylor, a resident of Skandia Mobile Home Park, was called to speak and asked that City Council
support placing a mobile home carve out amendment to City Charter Section 803 on the November 2022
ballot. (01 :51 :20)
Douglas Taylor, a resident of Skandia Mobile Home Park, was called to speak and asked that City
Council support placing a mobile home carve out amendment to City Charter Section 803 on the
November 2022 ballot. (01 :52:37)
John Buzan, a long -time resident of Huntington Beach, was called to speak and shared his perspective
on the domino effect by describing Federal investigations into alleged illegal activities of politicians.
(01 :55:01)
Pano Frousiakis , a Candidate for City Council in 2022, was called to speak and stated his support for the
effort to make it possible for the residents to vote in November regarding a mobile home carve out. Mr.
Frousiakis announced he and Freedom Link are recognizing a local small business that has served the
community for over 70 years, by planning a lunch event on Friday, February 18, 12 noon, at Lucci's Deli
on Adams Avenue at Magnolia Street. (01 :57:21)
Dana Cisneros was called to speak and thanked City Council and staff for the great Study Session
regarding Cannabis-related Taxation and Regulation earlier. Ms. Cisneros encouraged Council to think
about making changes to any ordinance by resolution with language that states a range of values, or
upper limit, to allow for flexibility. (01 :59:33)
Ralph Bauer, long-time resident, former Mayor of Huntington Beach and Korean War veteran, was called
to speak, stated his condemnation of last night's hate crime in Huntington Beach , and distributed
handwritten copy of his views that included other e.xamples of published hate literature. (02:01 :45)
Maureen was called to speak and shared her experience of nearly being in an accident without proper
space to swerve due to the new poles placed on Delaware Street , and shared her opinion the poles are
creating a more dangerous situation for drivers and should be removed . (02 :04:42)
Mary Kyle, a 23-year resident of Huntington Beach , was called to speak and reported that as a resident
of the neighborhood that experienced last night's hate crime, she appreciates the actions of neighbors
and police with the support of Council to address the situation. (02:06:53)
Victor Leipzig, a 40-year resident of Huntington Beach and former Councilmember, was called to speak
and stated his support for Mr. Bauer's comments that Antisemitism has no place in Huntington Beach.
Counc il/PFA Regular Meeting
February 15, 2022
Page 8of15
Mr. Leipzig stated his support for Councilmember Items No. 18 regarding updating the Balsa Chica
Annexation Feasibility Study. He also noted that both Amigos De Balsa Chica and Sea and Sage
Audubon Society support updating the Feasibility Study, but do not take a position at this time regarding
Annexation . Mr. Leipzig closed by stating comments in a recent email claiming that if annexed ,
Huntington Beach could become responsible for dredging , insurance and upkeep responsibilities as
totally false and inaccurate information. (02:07 :52)
Dave Sullivan, a 57-year resident of Huntington Beach , former Councilmember and Mayor, was called to
speak and shared his dismay with Mayor Delgleize's editorial in support of Poseidon's Desalination Plant ,
a project which neighboring residents in south Huntington Beach oppose . Mr . Sullivan further stated his
opinion that the cu r rent C ity Council is the worst ever to serve Huntington Beach , and his hope that they
do nothing to impede the best F ire and Police Departments in all of Orange County. (02:10:13)
Caller Jeanne Farrens, a resident of Skandia Mobile Home Park, was invited to speak and shared her
personal ex perience related to what she believes is abus ive rent gouging by IPG , and asked that City
Council support placing a mobile home carve out amendment to City Charter Section 803 on the
November 2022 ballot. (02 : 12:39)
Caller Ruben , a resident of Skandia Mobile Home Park and veteran , was invited to speak and shared his
personal experience related to what he believes is abusive rent increases by IPG, and asked that City
Council support placing a mobile home carve out amendment to City Charter Section 803 on the
November 2022 ballot. (02:14:53)
Caller Paul was invited to speak and shared what he described as ridiculous requirements of the Rental
Assistance program offered by Manufactured Housing Education Trust (MHET), and asked that City
Council support placing a mobile home carve out amendment to City Charter Section 803 on the
November 2022 ballot. (02 : 16 :41)
Caller Michael Barhill , a resident of Skandia Mobile Home Park and veteran, was invited to speak and
asked C ity Council to help residents living on fi xed incomes. (02: 18:29)
Caller Allison Plum , a resident in Del Mar Estates Mobile Home Park, was invited to speak and shared
her opinion that the corporate-owned mobile home parks in the City are more run down than the family -
owned parks, and stated her support for Councilmember Items No . 19 regarding hosting a Sen ior
Resource Fair. Ms. Plum asked that Council vet the vendors and confirm they truly offer benefits for
residents on fi xed incomes. (02 : 19:20)
Caller Dave Reynoso, a resident of Skandia Mobile Home Park, was invited to speak and shared his
opinions related to IPG's ridiculous planned rent increases, and asked that City Council support placing a
mobile home carve out amendment to City Charter Section 803 on the November 2022 ballot. (02 :22 :27)
Caller Wayne Thornton, a reside nt of Skand ia Mobile Home Park, was invited to spea k and shared his
opinions related to IPG's predatory rent increases, and asked that City Council support placing a mobile
home carve out amendment to City Charter Section 803 on the November 2022 ballot. (02 :24: 10)
COUNCIL COMMITTEE-APPOINTMENTS -LIAISON REPORTS, AB 1234 REPORTING, AND
OPENNESS IN NEGOTIATIONS DISCLOSURES
Council/PFA Regular Meeting
February 15, 2022
Page 9of15
Mayor Pro Tern Posey announced the 75th Anniversary of Orange County Mosquito and Vector Control
(OCMVC), and reported that the OCMVC Budget and Finance Committee approved initial funding for the
planned Sterile Insect Treatment (SIT) program, a multi-year project in conjunction with Los Angeles
County Mosquito and Vector Control. Mayor Pro Tern Posey also reported that the Orange County
Power Authority (OCPA) voted to join California Consumer Choice Association (CalCCA), and OCPA's
website (ocpower.org) has all the answers related to user option questions . Mayor Pro Tern Posey also
welcomed Supervisor Andrew Do, who joined the Local Area Formation Commission (LAFCO), now
representing Huntington Beach with the redrawn First District.
Councilmember Kalmick reported a brief conversation with Huntington Beach Police Officers' Association
(HBPOA).
Council member Bolton reported attending a meeting of the Southern California Association of
Government (SCAG) Regional Council, on behalf of Mayor Pro Tern Posey , where staff was authorized
to apply for a grant with the State's Regional Early Action Planning (REAP) program for funding a
sustainable community strategy .
Council member Moser reported attending a meeting of the Human Relations Committee; reminded
everyone of the Black History Month Showcase (cinemashowcase.com); first meeting of the
Environmental and Sustainability Board; Downtown Business Improvement District (DTBID) meeting;
Youth Board meeting, and planning for the April 26th Youth in Government Day.
Mayor Delgleize announced that City Hall will re-open to in-person business hours on Wednesday,
February 16, and further discussions were held last week with Skateboard Hall of Fame and organizers
pursuing LA2028 Olympic events in Huntington Beach. Mayor Delgleize also announced that the
Orange County Transportation Authority (OCTA) Teamsters appear to have successfully negotiated their
agreement and averted a bus drivers' strike.
CITY MANAGER'S REPORT-Interim City Manager Sean Joyce updated the Council and community
on SurfCityBreak.com, the online source for information on what is happening in Huntington Beach.
CITY CLERK'S REPORT
9. 22-082 Presentation on the Safe and Sane Fireworks Stand Application and Lottery
Process for 2022
City Clerk Estanislau presented a PowerPoint communication titled Safe and Sane Fireworks Stand
Application and Lottery Process 2022, with slides entitled: 2022 Fireworks Stand Application/Lottery
Process (6), and Questions .
10. 22-126 City Archivist Kathie Schey announced receipt of a third digitization grant award
from California Revealed, an initiative of the California State Library
City Archivist Kathie Schey presented a PowerPoint communication titled California State Library
Initiative Digitization, Preservation and On-Line Access with slides entitled: No Cost to City, Thousands
of$ in Value; and Outreach -Thousands of Viewers Worldwide!!!
Mayor Delgleize expressed her appreciation for the wealth of Huntington Beach historical information Ms.
Schey finds and preserves.
Council/PFA Regular Meeting
February 15, 2022
Page 10of15
City Clerk Estanislau stated what a pleasure it is to work with Ms. Schey, and thanked her for her
initiative in applying for, and receiving , grant funds to ensure the City's history is preserved .
Ms . Schey reminded everyone that on February 17 , the City of Huntington Beach will be 113 years old .
CONSENT CALENDAR
11. 22-086 Approved and Adopted Minutes
A motion was made by Carr, second Posey to approve and adopt the City Council/Publi c Financing
Authority regular meeting minutes dated February 1, 2022, as written and on file in the office of the City
Clerk.
The motion carried by the following vote :
AYES :
NOES :
12. 21-1018
Peterson , Bolton, Posey, Delgleize , Carr, Moser, and Kalmick
None
Reaffirmed adoption of Resolution No. 2021-62 finding a proclaimed state of
emergency continues to impact the ability to meet safely in person, and allows
meetings of the City Council and all City boards, commissions and committees to
be conducted remotely as needed in compliance with new Brown Act provisions
identified in Assembly Bill 361
A motion was made by Carr, second Posey to reaffirm Resolution No. 2021-62, "A Resolution of the City
Council of the City of Huntington Beach, California, 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 :
NOES:
13. 22-047
Peterson, Bolton , Posey, Delgleize, Carr, Moser, and Kalmick
None
Awarded and authorized the execution of a construction contract with Orion
Construction Corporation, in the amount of $3,486,243 for the McFadden Sewer Lift
Station Replacement Project, CC-161 O; approved appropriation of funds and
declared Arnaz Engineering Contractors, Inc. as non-responsive
A motion was made by Carr, second Posey to appropriate $1,403 ,302 from the Sewer Service Fund
(511) to Account 51189016.82600 ; and , declare the first apparent lowest bid from Arnaz Engineering
Contractors, Inc . as non-responsive ; and , accept the second lowest responsive and responsible bid
subm itted by Orion Construction Corporation, in the amount of $3,486,243; 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 Kalm ick
None
Council/PFA Regular Meeting
February 15, 2022
Pag e 11of15
14. 22 -051 Accepted the lowest responsive and responsible bid, approved appropriation of
funds and authorized execution of a construction contract with RJ Noble Company
in the amount of $2,658,630 for the Zone 5 Overlay Project, CC -1638
A motion was made by Carr, second Posey to accept the lowest responsive and responsible bid
submitted by RJ Noble Company in the amount of $2,658 ,630 ; and , appropriate $1 , 154,500 from the
undesignated Measure M fund balance to account 21390002.82300; 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 :
15. 22-078
Peterson, Bolton , Posey , Delgleize, Carr, Moser, and Kalm ick
None
Rejected all bids for the Storm Water Pump Station Facility Improvements Project
CC-1657; updated specifications and rebid the project
A motion was made by Carr, second Posey to reject all bids for the Storm Water Pump Stati on Facility
Improvements Project CC-1657 , update project specifications and the rebid the project.
The motion carried by the following vote:
AYES :
NOES :
Peterson , Bolton, Posey , Delgleize , Carr, Moser, and Kalmick
None
PUBLIC HEARING
16. 22-087 Conducted a Public Hearing, and Approved for introduction Ordinance No. 4234
approving Zoning Text Amendment (ZTA) No. 21-006 establishing electric vehicle
charging station sign standards
Jennifer Villasenor, Deputy Director of Community Development, introduced Principal Planner Ricky
Ramos who presented a PowerPoint communication titled Zoning Te x t Amendment 21-006 with slides
entitled: Background, Request, Analysis, Analysis and Recommendation.
Councilmember Carr and Principal Planner Ramos discussed there are no restrictions or guidelines for
Electric Vehicle Charging Station Sign messages, which are expected to be advertisements for products
and services.
Councilmember Kalm ick confirmed with Principal Planner Ramos that the Planning Comm ission did not
make any changes to the staff recommendations.
Deputy Director Villasenor stated that the orig inal rev iew by the Planning Commission was for an
exemption for this t ype of off-site signage , that the Commission v iewed these signs as different from the
typical gas station pump screen , and these recommendations are the result of that rev iew. Service
prov iders shared their input as no other city has officially addressed the issue.
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February 15, 2022
Page 12of15
Mayor Pro Tern Posey and Principal Planner Ramos discussed the distinctions between gas station
pumps and charging stations related to advertising signage, including length of time spent at the stations
and amount of physical space utilized.
Mayor Delgleize opened the Public Hearing .
City Clerk Robin Estanislau announced there were no public speakers.
Mayor Delgleize closed the public hearing .
Councilmember Kalmick thanked the Planning Commission for their thoughtful response and staff for a
very good ordinance to regulate charging station signs.
A motion was made by Posey, second Kalmick to find that Zoning Text Amendment No. 21 -006 is
categorically exempt pursuant to City Council Resolution No. 4501, Class 20 , which supplements the
California Environmental Quality Act (CEQA); and, approve Zoning Text Amendment No . 21-006 with
findings (Attachment No. 1) by after the City Clerk reads by title, approve for introduction City Council
Ordinance No. 4234, "An Ordinance of the City of Huntington Beach Amending Chapter 233 of the
Huntington Beach Zoning and Subdivision Ordinance Establishing Electric Vehicle Charging Station Sign
Standards (Zoning Text Amendment No. 21-006)" (Attachment No. 2).
The motion carried by the following vote:
AYES:
NOES:
Peterson, Bolton, Posey, Delgleize, Carr, Moser, and Kalmick
None
ADMINISTRATIVE ITEMS
17. 22-107 Approved Actions for Year-End Audit Results for the FY 2020/21 Annual
Comprehensive Financial Report (ACFR) and FY 2021/22 Mid-Year Budget
Adjustments
Chief Financial Officer Dahle Bulosan presented a PowerPoint communication titled FY 2 020121 Year-
End Audit Results & FY 2021122 Mid-Year Budget Update with slides entitled : Overview, FY 2020121
Audit Results, FY 2020121 Performance (Audited), FY 2020121 General Fund (Audited), General Fund
Balance, FY 2021122 Mid-Year Budget Update, City Budget & Fiscal Position, General Fund Budget FY
2021122 (2), Financial Outlook, Ongoing Challenges, FY 2021122 Mid-Year Budget Adjustments, Mid-
Year Budget Adjustment Requests, General Fund Adjustments (4), General Fund Adjustment Summary,
Current Year General Fund Surplus with Mid-Year Adjustments, Other Fund Adjustments (3), Other
Funds Adjustment Summary, Professional Service Contract Amendments, FY 2021122 Budget
Development Calendar (2), Recommended Actions, and Questions?
Mayor Delgleize and CFO Bulosan discussed potential Section 115 investment plans for other employee
benefit obligations.
Councilmember Carr and CFO Bulosan discussed tracking all costs related to the recent oil spill of
approximately $500 ,000 -$600,000 with the expectation those costs will be reimbursed . CFO Bulosan
explained that if any of those expenses are not reimbursed , staff would return to Council with a request
for additional appropriations.
Council/PFA Regular Meeting
February 15, 2022
Page 13of15
Councilmember Carr and CFO Bulosan d iscussed the General Liability amount of $11 .BM is a bit larger
than usual due to recent large litigation cases.
Councilmember Carr noted the $10 .9M surplus and thanked Finance Office staff and the Executive
Team for plans to invest in capital infrastructure and equipment needs. She also expressed her
appreciation for Council's bold decisions to make the City fiscally whole .
Mayor Pro Tern Posey confirmed with CFO Bulosan details related to the General Liability set-asides ,
and explained for the benefit of the public , information regarding the legal claims expense of $1.4M .
Mayor Pro Tern Posey stated that details of the $3 .SM set-aside for the Kennedy Commission is provided
on page 122 of the Financial Statement Report, paragraph D under Chapter 18 .
Mayor Pro Tern Posey confirmed that the mortgage obligation for former City Manager Chi will terminate
in May of 2023, and the termination be shown on the next report.
A motion was made by Kalmick, second Carr to receive and file the FY 2 020/21 Annual Comprehensive
Financial Report and other auditor issued reports ; and, approve mid-year budget adjustments to the FY
2021/22 Revised Budget in the funds and by the amounts contained in Attachment 3 ; and, authorize
additional Professional Services authority in the Fiscal Year 2021/22 Revised Budget in the departments
and by the amounts contained in Attachment 4 ; and, approve and authorize the Mayor and City Clerk to
execute "Amendment No. 2 to Agreement between the City of Huntington Beach and National Council
for Community Development (NOC) for Technical Assistance Services" (Attachment 5); and , approve
and authorize the Mayor and City Clerk to execute "Amendment No. 1 to Agreement between the City of
Huntington Beach and Mind OC for Pilot Mobile C r isis Response Program" (Attachment 6).
The motion carried by the following vote:
AYES :
NOES :
Peterson , Bolton , Posey, Delgleize , Carr, Moser, and Kalmick
None
COUNCILMEMBER ITEMS
18. 22-132 Approved Item Submitted by Councilmember Kalmick-Updating Bolsa Chica
Annexation Feasibility Study
Councilmember Kalmick explained this item came out of strategic planning , and he asked for Council to
direct staff to update the Bolsa Chica Anne xation Feasibility Study.
Mayor Pro Tern Posey stated his support for revisiting the feasibility to determine whether there is new
information or economic benefits so that a decision can be made either for or against annex ation .
Mayor Delgleize and Councilmember Kalmick discussed the study would analyze all County islands in
Huntington Beach. Councilmember Kalm ick noted that annexation would not change ownership .
A motion was made by Kalmick , second Posey to direct staff to undertake an update of the Bolsa Chica
Annexation Feasibility Study and return to Council with a Study Session upon completion of that update,
at which time the Council can discuss the merit of annexation .
The motion carried by the following vote :
AYES:
NOES:
Bolton, Posey , Delgleize, Carr, Moser, and Kalmick
Peterson
Council/PFA Regular Meeting
February 15, 2022
Page 14of15
19. 22-137 Approved Item Submitted by Mayor Delgleize, Councilmembers Carr and Kalmick -
Hosting a Senior Resource Fair in Huntington Beach
Councilmember Carr explained that this proposed Senior Resource Fair would showcase the various
services available to residents living in mobile home parks, as well as low-income seniors . She added
that during this time of COVI D-19 there are some rental assistance funds, as well as resources
specifically for veterans that people may not be aware of. Councilmember Carr stated that the plan
involves hosting a Fair on a weekend in March , and further stated that Senator Tom Umber and The
Council on Aging are supportive of the plan , with the expectation of providing resources for immediate
assistance while seeking long -term solutions .
Mayor Delgleize stated her support for this item and shared her hopes that many people will become
aware of resources they may not currently know about.
Councilmember Peterson confirmed with Councilmember Carr the effort would include posting
information on the City's website and creating a booklet or pamphlet detailing the resources for access to
the information after the one-day event.
Councilmember Posey stated his support for a Senior Resource Fair, noting how important it is for
people to evaluate if they are overpaying for services, and to look for opportunities to reduce costs .
Councilmember Kalmick stated his support for this item , and his hope there will be representatives with
County , State and Federal resources .
Councilmember Moser thanked her fellow Councilmembers for presenting this opportunity, and her
support for Councilmember Peterson's recommendation to ensure information remains available past the
one-day Senior Resource Fair. Councilmember Moser suggested also util izing HB Channel 3 to inform
residents of the resources.
A motion was made by Carr, second Posey to direct staff to work with the Senior Center and community
partners to plan and implement a one-day senior resource fair, focused on mobile home park residents
and low-income seniors in the community .
The motion carried by the following vote :
AYES:
NOES :
Peterson , Bolton , Posey , Delgleize , Carr, Moser, and Kalmick
None
COUNCILMEMBER COMMENTS (Not Agendized)
Councilmember Moser repohed attending the Rogers Seniors' Center Memorial and Groundbreaking for
the new park ; announced that her daughter is performing in the Marina High School Spring Musical
Matilda; expressed her condolences and love to the family and friends of Jami Marseilles , an incredible
and inspiring person who was instrumental in contributing funds for a Mobi mat in Huntington Beach ; and
Council/PFA Regular Meeting
February 15, 2022
Pag e 15of15
voiced her condemnation of the hate flyers which were distributed in Huntington Beach and appreciation
for the partnership between the Huntington Beach Police Department, Orange County Human Relations
Council , and Huntington Beach Human Relations Committee response.
Mayor Pro Tern Posey reported speaking at the Robert Mayer Leadership Academy about City Council
and how it functions ; and complimented Councilmembers who voted for the pension obligation bonds
and pledging the cash flow difference to the Trust 115 account.
Councilmember Carr reported attending the plaque dedication for Rockin ' Fig at Tower Zero and
appreciation to the Huntington Beach Interfaith Council for making it possible; announced that
September 17th will be Rockin' Fig Day in coordination with Surf City Days ; thanked Mayor Delgleize for
the statement condemning the hate crime earlier in the day, and read a statement by Eric Ward ,
Executive Director, Western States Center, regard ing hate incidents.
Councilmember Kalmick stated his support for the comments made by fellow Councilmembers regarding
the distribution of hate flyers within Huntington Beach; and clarified Mayor Pro Tern Posey's comments
regarding the pension obligation bonds to ensure not only him , but also Coun c ilmember Carr recei.ves
recognition for her contributions .
Mayor Delgleize reported that over 75% of the 405 Freeway project has been completed , and presenting
awards to ten winners at the Saturday , February 121h Chili Cook-off.
ADJOURNMENT -at 8 :51 PM in memory of Robe rt Ming , founding board member of the Association of
California Cities -Orange County (ACC-OC) to th e next regularly scheduled meeting of the Huntington
Beach City Council/Public Financing Aut hority on Tuesday, March 1, 2022, at 4 :00 PM in the Civic
Center Council Chambers, 2000 Main Street, Huntington Beach, California .
INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA AND
STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT
http://www.huntingtonbeachca.gov
ATTEST:
City Clerk-Secretary
City Cl~-o~~ty Council
of the City of Huntington Beach· and Secretary of
the Public Financing Authority of the City of
Huntington Beac h , California
Mayor-Chair