HomeMy WebLinkAbout2022-03-01Minutes
City Council/Public Financing Authority
City of Huntington Beach
Tuesday, March 1, 2022
5:00 PM -Council Chambers
6:00 PM -Council Chambers
Civic Center, 2000 Main Street
Huntington Beach , California 92648
or Virtual via Zoom Webinar
A video recording of the 5:00 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/
5:00 PM -COUNCIL CHAMBERS
CALLED TO ORDER -5:00 PM
ROLL CALL
City Clerk Robin Estanislau announced the presence of Chief Assistant City Attorney Mike Vigliotta
attending in place of City Attorney Michael Gates who has not yet arrived .
Present:
Absent:
Peterson , Bolton , Posey , Delgleize, Carr, Moser, and Kalmick
None
\
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS PERTAINING TO CLOSED SESSION
(Received After Agenda Distribution) -None
PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS (3-Minute Time Limit)-None
.• 1
A motion was made by Bolton, second Carr to recess to Closed Session for Items 2 -7 . With no
objections, the motion .carried.
• I , • " .
RECESSED TO CLOSED SESSION -5:02 PM
CLOSED SESSION ANNOUNCEMENT(S)
1. 22-172 Mayor Delgleize Announced: Pursuant to Government Code§ 54957.6, the City
Counc.il .takes this opportunity to publicly introduce and identify designated labor
negotiat or's': 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: Surf City Lifeguard Employees' Association
(SCLEA) and Police Officers' Association (POA)
CLOSED SESSION
Council/PFA Regul ar Minutes
March 1, 2022
Page 2of 18
2. 22 -167 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of
subdivision (d) of Section 54956.9). Name of cs-se: Bottoms (Mark) v. City of
Huntington Beach, et al.; OCSC Case No. 30-2021-01196342.
3. 22-168 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of
subdivision (d) of Section 54956.9). Name of case: Handrinos (Mathias) v. City of
Huntington Beach, et al.; USDC Case No.: 8:20 -cv-1206 FLA (DFMx).
4. 22 -173 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of
subdivision (d) of Section 54956.9). Name of case: California Renters Legal
Advocacy and Education Fund/THDT Investment, Inc. v. City of Huntington Beach;
OCSC Case No.: 30 -2020 -01140855; Appellate Case No. G060842.
5. 22-174 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of
subdivision (d) of Section 54956 .9). Name of case: Californians for
Homeownership, Inc. v. City of Huntington Beach; OCSC Case No. 30-2019-
01107760; Court of Appeal No. G060835.
6. 22-177 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of
subdivision (d) of Section 54956.9). Name of case: Emmer (Cynthia) v . City of
Huntington Beach; OCSC Case No. 30-2020 -01145487.
7. 22-171 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency
designated representatives: Sean Joyce, Interim City Manager; also in attendance:
Brittany Mello, Director of Administrative Services, regarding the following: Surf
City Lifeguard Employees' Association (SCLEA) and Police Officers' Association
(POA)
6:00 PM -COUNCIL CHAMBERS
RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING -6:20 PM
ROLL CALL
Present:
Absent:
Peterson, Bolton , Posey, Delgleize, Carr, Moser, and Kalmick
None
PLEDGE OF ALLEGIANCE -Led by Councilmember Carr
INVOCATION
In pe rm itting a nonsectarian invocation , the City does not intend to proselytize or advance any faith or
belief. Neither the City nor the Ci ty Council endo rses any particular religious bel ief or form of invocation .
8. 22 -175 Mike Michaud from Dance4Joy Ministries and member of the Greater Huntington
Beach Interfaith Council
CLOSED SESSION REPORT BY CITY ATTORNEY-None
AWARDS AND PRESENTATIONS
Council/PFA Regular Minutes
March 1, 2022
Page 3of18
9. 22-156 Mayor Delgleize called on Victoria Alberty for the Adoptable Pet of the Month
Ms. Alberty introduced S .A.F .E. Rescue Team founder Markelle and 2-year-old Molly, a Labradoodle
who is hypoallergenic, and stated additional details on pet adoption can be found at local rescue sites, or
at https://saferescueteam .org .
10. 22-138 Mayor Delgleize proclaimed March as Women's History Month
Mayor Delgleize announced that March is Women's History Month, a time to highlight women who have
pushed the envelope and made significant contributions to improve our communities. Women Providing
Healing, Promoting Hope is the theme for 2022, to acknowledge the ceaseless efforts of caregivers and
front-line workers during the on-going pandemic, and recognition of the thousands of ways women of all
cultures have provided healing and hope throughout history. Each Friday in March , HBTV will air
Women's History Month segments to feature women in our community , including the documentary, The
Mayor's 100-Year Reflection, created several years ago for the City's Centennial.
11. 22-139 Mayor Delgleize called on members of the Huntington Beach Firefighters'
Association (HBFA) to present a check to the Huntington Beach High School
Foundation for $40,000 from the HBFA Great Balls of Fire Charity Golf Tournament
A member of the Huntington Beach Firefighters' Association briefly described the annual HBFA Great
Balls of Fire Charity Golf Tournament, and noted that during the past 21 years over $1.4M has been
donated back to the community through this annual event. The December 2021 event resulted in the
$40,000 donation accepted by Lisa Kemmerer, Vice President of Programs , for the Huntington Beach
High School Foundation (HBHSF). Ms . Kemmerer thanked the HBFA as well as the school parents who
were instrumental in this fun and successful event. HBHSF Executive Vice President Teri Moore stated
the funds would go directly back to the campus for the benefit of the students .
12. 22-157 Mayor Delgleize to call on members of the Marina High School Girls '.t'!restling Team
who recently v.•on the 2022 CIF Southern Section Central Division Championships
13. 22-158 Mayor Delgleize called on Marina High School Cheerleaders who recently ranked as
2022 National Champions
Mayor Delgleize introduced the Marina High School Cheerleaders, who demonstrated their skills with a
cheer. This team is the first ever, back-to-back, National Champions at Marina High School. Ms. Loren
Murphy, Advisor, introduced Head Coach Vraunwyn Denny, and Coaches Katie Shetlund, Lexi Gutierrez,
and Moriah Vanderbrake, and each team member was presented with a certificate of recognition from
the City.
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution)
Pursuant to the Brown "Open Meetings" Act , City Clerk Robin Estanislau announced supplemental
communications received by he r office following distribution of the Council Agenda packet:
Administrative Items
Council/PFA Regular Minutes
March 1, 2022
Pag e 4of18
#22 (22 -123) PowerPoint Presentation titled Edison Park Conceptual Plan received from Chris Slama,
Director of Community and Library Services .
#22 (22-123) Eight (8) emails received regarding the proposed withdrawal of previous C ity Council
approval of the Edison Park Reconfiguration Conceptual Plan .
#23 (22-141) PowerPoint Presentation titled 21 Main Street-First Amendment-Exclusive Negotiating
Agreement Between City and Surf City Partners, LLC received from Ursula Luna-Reynosa ,
Director of Community Development.
#23 (22-141) Letter regarding the proposed first amendment to the ENA with Surf City Partners received
from Sean Matsler, of Cox, Castle and Nicholson, LLP.
#23 (22-141) Inter-Office Memo received from Ursula Luna-Reynosa, Director of Community Development,
identifying a correction to the vote count noted on the staff report dated November 2, 2021 .
#24 (22-162) Inter-Office Memo received from Travis Hopkins, Assistant City Manager providing an
updated version of Resolution No. 2022-07 and a draft resolution and ordinance .
#24 (22-162) PowerPoint Presentation titled City of Huntington Beach -Cannabis Business Tax Ballot
Measures received from Sean Joyce, Interim City Manager.
Ordinances for Adoption
#25 (22-092) Email received regarding the proposed adoption of Ordinance No. 4249.
PUBLIC COMMENTS (2-Minute Time Limit) -26 In-Person and 16 Call-In Speakers
The number [hh :mm:ss] following the spe ak ers' comments indicates their approximate starting time in
the archived video located at http://www.surfcity-hb .org!govemmentlagendas.
Joe Carchio was called to speak and provided an update on Huntington Beach Central Park
Conservancy. Mr. Carchio noted that the Huntington Beach Police Officers' Association selected their
all-volunteer organization as a recipient of the 2021 Constable Golf Classic, to support The Park Ranger
Program, restoration in Central Park, and added that the next Park project will be dedicated to fallen HB
Officer Vella . (00:47 :23)
Bob Herold, a resident of Skandia Mobile Home Park, was called to speak and asked that City Council
amend City Charter Section 803 to create a carve out, or Rent Stabilization Ordinance (RSO), for mobi le
home pa rks . (00 :49:38)
Arthur Estrada, a resident of Skandia Mobile Home Park, was called to speak and asked that City
Council amend City Charter Section 803 to create a carve out for mobile home park residents . (00:51 :44)
Jeanne Ferrans, a resident of Skandia Mobile Home Park , was called to speak and stated senior citizens
(65+ years old) represent twenty percent (20%) of residents in Huntington Beach , and asked that Council
respond to the needs of this fixed income group by amending City Charter Section 803 to create a carve
out for mobile home parks . (00 :53:43)
Shiela Lugenbuehl, Skandia Mobile Home Park Homeowners Association Secretary, was called to speak
and stated her support for Council placing a Rent Stabilization Ordinance (RSO) for mobile home owners
on the November 2022 ballot to allow Huntington Beach voters an opportunity to decide this issue.
(00:55 :56)
Council/PFA Regular Minutes
March 1, 2022
Page 5of18
Michael Lugenbuehl, Skandia Mobile Home Park resident, was called to speak and stated his support for
Council placing a Rent Stabilization Ordinance (RSO) for mobile home owners on the November 2022
ballot to allow Huntington Beach voters an opportunity to decide this issue . (00 :57:38)
Gina Alexander, Vice President, Skandia Mobile Home Park Homeowners Association, and 35-year
resident of Huntington Beach, was called to speak and shared her opinion on how the quality of life
deteriorates for family-owned mobile home parks after they are acquired by what she described as
corporate predatory owners who spike space rents, and bring in oppressive management. Ms.
Alexander asked City Council to represent this City of Compassion with actions , and not just words, to
protect all mobile home owners. (00:59:48)
Dan Pantano, a resident of Skandia Mobile Home Park, was called to speak and shared his opinions on
the latest lease presented by IPG, and asked that Council respond to the resident requests for
assistance by amending City Charter Section 803 to create a carve out for mobile home park owners.
Mayor Delgleize asked that Mr. Pantano complete a blue card for staff follow-up . (01 :01 :51)
John Suzan , a long-time resident of Huntington Beach, was called to speak and shared his opinions on
the recent alleged attempt by a Black Lives Matter activist to assassinate a prominent Jewish Democratic
figure in Louisville, Kentucky, and stated his support for Council's recent statement condemning local
anti-Semitic activity in Huntington Beach . (01 :03 :36)
Alan Gandall, American Youth Soccer Organization (AYSO) Area Director, and 40-year resident of
Huntington Beach, was called to speak and stated that A YSO Region 56 is directly impacted by
Administrative Items No. 22 regarding the Edison Park Reconfiguration, and read a statement from Ann
McCarthy, AYSO Commissioner for Region 65. (01:06:13)
Cindi Galey , a resident of Huntington Beach for over 40 years, and a wildlife rehabilitator, was called to
speak and shared information related to birds hitting the reflective windows at Huntington Beach Central
Library. Ms . Galey stated that Central Library staff are aware of the issue, and will soon present a
solution , which she trusts Council will respond to in a timely manner to prevent more bird deaths.
(01 :08 :28)
Amory Hanson, a Candidate for City Council in 2022 , and a member of the Historic Resources Board ,
was called to speak and shared his sadness at the recent fire and destruction of buildings in Historic
Wintersburg . Mr. Hanson stated his encouragement for an independent Fire Department investigation
into the cause of the fire , to ensure proper protection of the remaining Wintersburg buildings . (01 : 10:08)
Mark Currie, a 33-year resident homeowner in Huntington Beach , was called to speak and shared his
parking concerns related to Administrative Items No. 22 regarding the Edison Park Reconfiguration , and
encouraged Council to approve the Conceptual Plan withdrawal so there can be more resident
involvement in a win -win solution. (01: 11 : 17)
Marnie Pavlick, a resident who has walked her dogs in Edison Park for over 40 years , was called to
speak and stated her support for Administrative Items No. 22 regarding withdrawal of previous City
Council approval of the Edison Park Reconfiguration Conceptual Plan to allow for more time for all park
users to be involved in a design review. (01 :12:52)
Mary Jo Baretich, a resident of the Cabrillo Beachfront Village for 39 years, was called to speak and
asked that Council listen to the many requests of Huntington Beach mobile home park residents for
Council/PFA Regular Minutes
March 1, 2022
Page 6of18
Council to ensure that a Rent Stabilization Ordinance is approved if Huntington Beach voters pass an
amended City Charter Section 803 to create a carve out for mobile home park owners in the November
2022 election . (01 : 13:48)
Patricia Taylor, a resident of Rancho Huntington Mobile Home Park, was called to speak and shared that
IPG has a history of converting senior mobile home parks into family mobile home parks, and thanked
City Council for approving a senior overlay ordinance in 2014 to protect the 1 O existing mobile home
parks . Ms . Taylor asked that City Council ensure an amended City Charter Section 803 to create a
carve out for mobile home park owners is placed on the November 2022 ballot. (01: 15:38)
Erica Shane, a resident of Huntington Beach since 1986, currently living near Ed ison Park, was called to
speak and stated her support for Administrative Items No . 22 regarding withdrawal of previous City
Council approval of the Edison Park Reconfiguration Conceptual Plan to allow for more discussion with
the School District regarding parking and soccer field location options, and her support for the area to
remain an open park, rather than be converted into a sports complex. (01 : 17 :49)
Pam Shane, a resident of Huntington Beach since 1986, currently living within a 1,000 ft . of Edison Park,
was called to speak and stated her support for Administrative Items No. 22 regarding withdrawal of
previous City Council approval of the Edison Park Reconfiguration Conceptual Plan to allow for more
discussion and consideration of input from impacted residents. (01 :20:02)
Matt Shane , a resident of Huntington Beach since 1986, currently living within a 1,000 ft. of Edison Park ,
was called to speak and stated his support for Administrative Items No . 22 regarding withdrawal of
previous City Council approval of the Edison Park Reconfiguration Conceptual Plan to allow for an
extensive review of Air Quality Management District (AQMD) standards, noting that Edison Park exists
on a previous landfill. (01 :22:28)
Nancy Buchoz, a resident of southeast Huntington Beach for over 46 years , was called to speak and
stated her support for Administrative Items No. 22 regarding withdrawal of previous City Council approval
of the Edison Park Reconfiguration Conceptual Plan to allow for an extensive review of Air Quality
Management District (AQMD) standards considering how close it is to the Ascon Landfill site, and
possible destruction of any of the 49-year-old trees . (01 :24:40)
Don Albrecht, a 46-year resident of the neighborhood bordering the west side of Edison Park, was called
to speak and stated his support for Administrative Items No . 22 regarding withdrawal of previous City
Council approval of the Edison Park Reconfiguration Conceptual Plan to allow for extensive
consideration of traffic impacts and for dialogue with all impacted neighbors . (01 :2 6:49)
Tim Geddes, a long -time resident of southeast Huntington Beach, was called to speak and shared his
recent Letter to the Editor published in the Daily Pilot to describe his disappointment in learning that the
City Council Recall effort has secured enough signatures to ach ieve their aims . He further shared his
opinion the City Council Recall effort is based on trumped -up charges and twisted assertions, which may
result in costing the City $1 M for an unnecessary special election. (01 :28 :22)
An unnamed Guest (Lorax) was called to speak and shared the personal experiences of her father, a
decorated combat veteran and former Huntington Beach business owner, who uses Edison Park to walk
and exercise in a safe place . She also stated there are at least three memorial benches in Edison Park,
which have not been addressed in the Conceptual Plan . She stated her support for revisiting the
Council/PFA Regular Minutes
March 1, 2022
Page 7of18
Conceptual Plan so that the needs of senior residents , the neurologically challenged community, and
others who do not play organized sports are taken into consideration. (01:30:15)
Gimo Trazo, a 13-year resident of Huntington Beach living across the street from Edison Park , was
called to speak and stated her support for Administrative Items No. 22 regarding Withdrawal of previous
City Council approval of the Edison Park Reconfiguration Conceptual Plan to allow for proper
discussions with all impacted residents on issues such as increased traffic, parking, and removal of
mature trees which would negatively impact quality of life. (01 :32:35)
Michael Moussalli, a resident of Huntington Beach, was called to speak and stated his full support for
Administrative Items No. 24 regarding Proposed City Council sponsored initiative regarding a cannabis
business tax, and his opinion that approval will assist with efforts to eliminate the illegal market, as
demonstrated by the efforts in Costa Mesa during the last four years. (01 :34:48)
Geri Von Freymann was called to speak and stated her support for Administrative Items No. 22 regarding
Withdrawal of previous City Council approval of the Edison Park Reconfiguration Conceptual Plan , to
allow time for consideration of the needs of people who do not, or cannot, participate in organized sports .
(01 :36:30)
Caller Ding-Jo Currie, a resident of Huntington Beach for over 30 years, was invited to speak and stated
her support for Administrative Items No . 22 regarding Withdrawal of previous City Council approval of the
Edison Park Reconfiguration Conceptual Plan to allow for proper discussions with all impacted residents
and Edison Park users. (01 :38:51)
Caller Tony Riccobono, a 25-year resident living next to Edison Park, was invited to speak and stated his
support for Administrative Items No. 22 regarding Withdrawal of previous City Council approval of the
Edison Park Reconfiguration Conceptual Plan to address the significant concerns of neighborhood
residents, and allow time for another look at options for all users . (01:41:13)
Caller James Parkinson , a 54-year resident of Huntington Beach currently living on the north side of
Edison Park, was invited to speak and stated support for Administrative Items No. 22 regarding
Withdrawal of previous City Council approval for the Edison Park Reconfiguration Conceptual Plan to
allow for proper discussions to minimize the loss of healthy mature trees. (01 :42:52)
Caller Allison Plum, a Del Mar Estates Mobile Home Park resident, was invited to speak and asked that
City Council ensure a fair and equitable future for the City's mobile home owners by considering an
amended City Charter Section 803 carve out for mobile home owners. Ms . Plum encouraged mobile
home residents to attend upcoming Mobile Home Advisory Board meetings at 5 p .m. on March 8 and
April 25 . (01 :44:39)
Caller Tony, living adjacent to LeBard Park, was invited to speak and shared his opinion that too many
parks are being over developed to the point of eliminating open green space. (01 :47:03)
Caller Ruben, a resident of Skandia Mobile Home Park and Navy veteran, was invited to speak and
stated his dismay at the IPG unbearable proposed land rental increases, and asked that City Council
ensure an amended City Charter Section 803 carve out for mobile home owners . (01 :48:59)
Caller Ada Hand was invited to speak and shared details related to her and Ms. Bartesch's December
meeting with City Manager and staff to request a new Mobile Home Market Study to update the
Council/PFA Regular Minutes
March 1, 2022
Page 8of18
comprehensive study completed in 2002. Ms. Hand stated her dismay that to date the City has not been
forthcoming with information and details to prepare for a new study to compare with what she believes is
skewed and flawed information being presented by predatory mobile home park owners . (01:50 :17)
Cal.ler Lonnie Saeger, a resident living adjacent to Edison Park for 25 years, was invited to speak and
stated that he was speaking on behalf of eight neighbors who support Administrative Items No. 22
regarding withdrawal of previous City Council approval of the Edison Park Reconfiguration Conceptual
Plan to allow for proper discussions to ensure compliance with the Pacific Flyover Act, which protects
migratory flight paths . (01 :52:30)
Caller #6061 , Dave Reynoso , a Skandia Mobile Home Park resident living on a fixed income, was invited
to speak and shared his concerns related to proposed rent increases by the Park's new owners, and
requested that Council assist by amending City Charter Section 803 to create a carve out for mobile
home park owners and placing it on the November 2022 ballot. (01 : 54 : 18)
Caller Paul Simonds , Senior Vice President, Curt Cringle & Associates, speaking on behalf of his client,
was invited to speak and stated opposition to Administrative Items No . 23 regarding a First Amendment
to the Exclusive Negotiating Agreement (ENA) with Surf City Partners, LLC for 21 Main Street at the
Huntington Beach Pier. Mr. Simonds stated that neither the current tenant, nor his client , have been
allowed the opportunity to share their concept which includes doubling the original space, and added this
is Council's opportunity to stop a flawed process, and direct staff to issue a new Request for Proposal
(RFP) for either 800 square feet or 1,600 square feet. (01 :56 :19)
Caller Janette Hodson , owner of a rental home on 9th Street, was invited to speak and shared her
concerns regarding the Short-Term Rental (STR) policy that only a llows owner-hosted renta l un its . Ms.
Hodson advocated for allowing professional management, and described her failed efforts via phone
calls and emails to communicate directly with Councilmembers to share her concerns and suggestions .
(01 :58:49)
Caller Mark Sheldon, a 30+ year resident of Huntington Beach , was invited to speak and shared his
dismay at the recent fire that destroyed buildings at Historic Wintersburg, and the decision of the property
owners to raze additional buildings . Mr. Sheldon encouraged City Council to prioritize the steps
necessary to preserve and protect this important history . (02:01 :09)
Caller Krystal Anderson , a resident of Huntington Beach living near Edison Park, was invited to speak
and stated her support for Administrative Items No. 22 regarding withdrawal of previous City Council
approval of the Edison Park Reconfiguration Conceptual Plan to allow for more impacted resident
discussions . Ms . Anderson a lso stated her opposition to Administrative Items No . 23 regarding a First
Amendment to the Exclusive Negotiating Agreement (ENA) with Surf City Partners, LLC for 21 Main
Street at the Huntington Beach Pier, which after review of the supporting Agenda documentation
appears to her to be an unfair process . (02 :03 :23)
Caller #4758, Casey McKean, was invited to speak and stated his opposition to Administrative Items No.
23 regarding a First Amendment to the Exclusive Negotiating Agreement (ENA) with Surf City Partners,
LLC for 21 Main Street at the Huntington Beach Pier, because in his opinion the whole process has been
flawed, and a ll interested parties shou ld be required to abide by the original Request for Quote (RFQ)
based on an 800 square foot property. Mr. McKean stated that proceeding by approving this item
creates the image of City Council favoritism . (02:05 :15)
Council/PFA Regular Minutes
March 1, 2022
Page 9of18
Caller Fran Lebowitz , speaking on behalf of her family and several immediate neighbors, was invited to
speak and stated their support for Administrative Items No. 22 regarding withdrawal of previous City
Council approval for the Edison Park Reconfiguration Conceptual Plan to allow for further discussions on
neighborhood concerns such as the noise from baseball games on School District land, and potential for
additional lighting issues. (02:07 :33)
Caller Andrew Chan, a resident of Huntington Beach for 11 years, was invited to speak and stated his
support for Administrative Items No . 24 regarding the proposed City Council sponsored initiative
regarding a cannabis business tax . As a user of Edison Park, Mr. Chan also stated his support for
Administrative Item No. 22 regarding Withdrawal of previous City Council approval of the Edison Park
Reconfiguration Conceptual Plan. (02:09:33)
COUNCIL COMMITTEE -APPOINTMENTS -LIAISON REPORTS, AB 1234 REPORTING, AND
OPENNESS IN NEGOTIATIONS DISCLOSURES
Mayor Pro Tern Posey reported that Orange County Council of Governments (OCCOG) voted to adopt a
resolution in support of the local coastal program amendment for the Magnolia Tank Farm in Huntington
Beach ; announced that the Orange County Power Authority (OCPA) held a press conference last week
to memorialize their Memorandum of Understand ing (MOU) with Poseidon confirming Poseidon will use
100 percent renewable energy purchased from OCPA if they get their plant built; that OCPA has the
largest portfolio of renewable energy of all of the power authorities in the State; and OCPA recently hired
three new Business Development Managers .
Councilmember Bolton reported attending a meeting of the Historic Resources Board, which is working
on a strategic plan process . She also reported attending a meeting of the Jet Noise Commission that
included an official from Long Beach Airport.
Mayor Delgleize thanked Historic Resources Board Chair Kathie Schey for the wonderful history lesson
she provided at the recent ceremony at Rogers Seniors' Center.
Councilmember Kalmick reported speaking with a representative of the Huntington Beach Police
Officers' Association (HBPOA). He also reported attending meetings of the Design-Build-Finance-
Operate-Maintain (DBFOM) Sub-Committee; Technology and Smart Cities Committee; and Southern
California Association of Government (SCAG) Emerging Technologies Committee as the Orange County
Council of Governments (OCCOG) representative .
Councilmember Moser reported attending meetings of the Technology and Smart Cities Committee;
Homeless Task Force for updates on the Navigation Center, and noted that weekly updates can be
found at hbhomelesssolutions.com ; Huntington Central Park Collaborative and confirmed the restroom
project is nearly completed, and work is starting on the elevated path around the lake ; and Human
Relations Committee which plans to engage the public regarding recent distribution of anti-Semitic flyers
in Huntington Beach and Orange County .
CITY MANAGER'S REPORT
Interim City Manager Sean Joyce called on Fire Chief Scott Haberle who provided a report on recent fire
activity that damaged historic structures on the Wintersburg property off Warner Avenue in Huntington
Beach .
CONSENT CALENDAR
Council/PFA Regular Minutes
March 1, 2022
Page 10of 18
Mayor Pro Tern Posey pulled Consent Calendar Item #16, and Councilmember Carr pulled Items #19
and #20 for further discussion.
14. 22-150 Approved and Adopted Minutes
A motion was made by Moser, second Posey to approve and adopt the City Council/Public Financing
Authority regular meeting minutes dated February 15 , 2022.
The motion carried by the following vote :
AYES :
NOES :
15. 22-015
Peterson , Bolton , Posey , Delgleize, Carr, Moser, and Kalmick
None
Received and filed the City Clerk's quarterly listing of professional services
contracts filed in the City Clerk's Office between July 1, 2021 and December 31,
2021
A motion was made by Moser, second Posey to receive and file the "List of Professional Services
Contracts Approved by Department Heads and Submitted to the Office of the City Clerk during the period
of July 1, 2021 and September 30, 2021 ;"and, receive and file the "List of Professional Services
Contracts Approved by Department Heads and Submitted to the Office of the City Clerk during the period
of October 1, 2021 and December 31, 2021 ."
The motion carried by the following vote:
AYES : Peterson , Bolton , Posey , Delgleize , Carr, Moser, and Ka lmick
NOES: None
16. 22-152 Adopted Resolution No. 2022-06 permitting the City Manager to execute all
documents related to the Permanent Local Housing Allocation Program (PLHA)
A motion was made by Posey , second Delgle ize to adopt Resolution No . 2022-06, "A Resolution of the
City Council of the City of Huntington Beach Authorizing the Application and Adopting the PLHA Plan for
Permanent Local Housing Allocation Program " authorizing the City Manager position or his/her designee
to execute all documents related to the PLHA program .
The motion carried by the following vote :
AYES : Peterson, Bolton, Posey, Delgleize , Carr, Moser, and Kalmick
NOES: None
17. 21-853 Approved and executed a Site License Agreement between New Cingular Wireless
(AT&T) and the City of Huntington Beach for a wireless communication facility
located at Fire Station 6 -Edwards
A motion was made by Moser, second Posey to approve and authorize the Mayor and City Clerk to
ex ecute the "Site License Agreement for Installation and Use of a Communications Antenna Facility and
Counci l/PFA Regular M i nutes
March 1, 202 2
Pag e 11of18
Supporting Equipment Between the City of Huntington Beach and New Cingular W ireless PCS, LLC" for
the telecommunications facility at Fire Station 6 -Edwards based on the terms and conditions as
presented herein.
The motion carried by the following vote:
AYES: Peterson , Bolton , Posey , Delgleize , Carr, Moser, and Ka lm ick
NOES: None
18. 22-110 Accepted the lowest responsive and responsible bid and authorized execution of a
construction contract with Palp, Inc. dba Excel Paving Company (Excel Paving) in
the amount of $291,600 for the Flow Line Half Round Inlet Drainage Structures
Project, CC -1676
A motion was made by Moser, second Posey to accept the most responsive and responsible b id
submitted by Excel Paving in the amount of $291,600; 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
19. 22 -151 Approved Finance Commission Request to Discuss and Review the City's Master
Fee and Charges Schedule
Councilmember Carr shared her opinion that this issue was already add ressed in December 2018 and
January 2019 , and called on Chief Financial Officer Dahle Bulosan to ex plain the need to repeat
e xtensive staff time for another review at the request of the Finance Commission.
CFO Bulosan explained that every 3 to 5 years a comprehensive study is made in conjun ction w ith the
services of a consultant to rev iew all fees to ensure they are based on accurate costs . He stated the last
comprehensive study was completed in the 2016/2017 fiscal year, and added t here have been
incremental updates since that time . In addition to determ in ing accu rate labor costs , there is also
analysis to determine what other agencies charge and this proposal would focus on the Consumer Price
Index (CPI ) especially in light of the recent pressures of inflation.
Mayor Delgleize shared her recollection that the 2016/17 FY comprehensive report was an eye opener,
and stated her support for this item .
Councilmember Mosher confirmed with CFO Bulosan that focusing on CPI would not be overwhe lming
regarding staff time and would not cost anywhere near $30 ,000, therefore she supports the item .
Mayor Pro Tern Posey stated his support for an annual market check, and added that soon Council will
task the Finance Commission for a thorough and comprehensive Design-Build-F inance-Ope rate-
Maintain (DBFOM ) analysis , and he speculated that financial issues related to cannabis would also
requi re Finance Commission time.
Councilmember Kalmick confirmed with CFO Bulosan that the Finance Department as ked for th is review.
Council/PFA Regular Minutes
March 1, 2022
Page 12of18
A motion was made by Carr, second Peterson to direct staff to review the Master Fees and Charges
Schedule and review the results with Finance Commission for input and recommendations prior to City
Council consideration.
The motion carried by the following vote:
AYES :
NOES :
20. 22-149
Peterson, Bolton, Posey, Delgleize , Carr, Moser, and Kalmick
None
Approved and authorized execution of a Professional Services Contract with
Townsend Public Affairs (TPA), Inc. for Legislative Advocacy and Grant
Management Services
Councilmember Carr stated she pulled this item to lim it the contract to one (1) year versus the traditiona l
3-year contact, and added she would li ke to see TPA become more of a partner with the City of
Huntington Beach by participating in the Strategic Planning Session so they are aware of Council's goals
and objectives , as well as expecting TPA to be more aware of and help Huntington Beach acquire
available State funding.
Councilmember Mosher stated her support for Councilmember Carr's comments.
Councilmember Bolton stated her support for proof of an effective public policy partnership, especially
when the cost is $7,500 per month.
Mayor Pro Tern Posey stated h is opinion that $7,500 is not rea lly a lot of money for a political consultant,
and noted that the In ter-go vernmental Relations Committee (IRC) that interfaces with TPA will consist of
all new members next year. He encouraged each Councilmember to become involved in communicating
wi t h TPA this ne xt year to ease that transition .
Mayor Delgleize suggested that Councilmembers who go to any meetings in Sacramento this year also
become aware of other public po licy organizations and check them out.
Councilmember Peterson stated he has never had any issues with TPA, whether he was on the IRC or
not, but a productive relationship requires each Councilmember to reach out to them . He added that the
consultant needs to have Council's goals and parameters and with that information , he believes TPA has
always performed well for Huntington Beach. Councilmember Peterson also stated his opinion that using
TPA for at least two years would benefit Huntington Beach knowing the IRC will consist of all new
members next year.
Councilmember Carr stated her opinion that this conversation would not be needed if TPA had met past
expectations, and it i s appropriate to give them another chance.
Assistant City Manager Travis Hopki ns clarified that this is a new contract, not an exte nsion of a previous
contract.
A motion was made by Carr, second Moser to approve and authorize the Mayor and C ity Clerk to
execute a "Professional Services Contract between the City of Huntington Beach and Townsend Public
Council/PFA Regular Minutes
March 1, 2022
Pa ge 13of18
Affairs , Inc. for On-Call Legislative Advocacy and Grant Management Services ," as amended to reduce
contract term from three to one year.
The motion as amended carried by the following vote :
AYES:
NOES:
21. 22-153
Bolton, Posey, Delgleize , Carr, Moser, and Kalmick
Peterson
Adopted Ordinance No. 4234 Approving Zoning Text Amendment (ZTA) No. 21-006
establishing electric vehicle charging station sign standards
Approved for introduction Feb. 15, 2022 -Vote: 7 -0
A motion was made by Moser, second Posey to adopt City Council Ordinance No. 4234, "An Ordinance
of the City of Huntington Beach Amending Chapter 233 of the Huntington Beach Zoning and Subd ivision
Ordinance Establishing Electric Vehicle Charging Station Sign Standards (Zoning Text Amendment No.
21-006)."
The motion carried by the following vote :
AYES:
NOES:
Peterson , Bolton , Posey, Delgleize, Carr, Moser, and Kalmic k
None
ADMINISTRATIVE ITEMS
22 . 22-123 Approved Withdrawal of Previous City Council Approval of the Edison Park
Reconfiguration Conceptual Plan
Interim City Manager Sean Joyce introduced Community and Library Services Director Chris Slama who
presented a Power Point titled Edison Park Conceptual Plan , with slides entitled : Project Purpose,
Project Timeline, Community Outreach Summary (2), Current Configuration, Edison Park Conceptual
Plan -November 19, 2021, Additional Feedback, Conceptual Plan -Option C, Current Situation,
Recommended Actions, Next Steps, and Questions ?
A motion was made by Peterson, second Kalmick to withdraw the November 16, 2021 City Council
approval of the final Edison Park Reconfiguration Conceptual Plan ; and , direct staff to conduct further
community outreach and additional review and analysis of the Conceptual Plan, and return to City
Council.
The motion carried by the following vote :
AYES: Peterson , Bolton , Posey, Delgleize, Carr, Moser, and Kalmick
NOES : None
23. 22-141 Approved and authorized a First Amendment to the Exclusive Negotiating
Agreement (ENA) with Surf City Partners, LLC for 21 Main Street at the Huntington
Beach Pier
Interim City Manager Joyce introduced Community Services Director Ursu la Luna-Reynosa who
introduced Economic Development Manager Kriss Cassanova to present a PowerPoint communication
Council/PFA Regular Minutes
March 1, 2022
Page 14 of18
titled 21 Main Street -First Amendment-Exclusive Negotiating Agreement between City and Surf City
Partners, LLC, with slides entitled : 21 Main Street -Background, 21 Main Street -ENA , Request to
Expand Property Area, Replacement of Ex hibit A -Property Description, Ne x t Steps, and Questions?
Council member Peterson asked how approving this item is fair to the other groups who responded to the
original Request for Quote (RFQ) based on utilizing only the original building . He stated his opinion that
the project should be rebid because of the apparent change in scope, and expressed concerns about the
appearance of favoritism . He and Director Luna-Reynosa discussed whether any of the regulatory
agencies are aware of the request for use of the expanded space , and the anticipation this will not
change the Pier's public fishing space .
A motion was made by Posey , second Kalmick to approve and authorize the Mayor and City Clerk to
execute the "Fi rst Amendment Exclus ive Negotiating Agreement Between City of Huntington Beach and
Surf City Partners , LLC" to expand the property area to include the pier restroom building and
surrounding area as part of t he 21 Main Street property description .
The motion carried by the following vote :
AYES :
NOES :
24. 22-162
Bolton , Posey, Delgleize , Carr, Moser, and Kalmick
Peterson
Approved proposed City Council Sponsored Initiative Regarding Cannabis
Business Tax
Interim City Manager Sean Joyce introduced Senior Administrative Analyst Grace Yoon-Taylor who
presented a PowerPoint communication titled Cann abis Business Ta x Ballot Mea s ures with slides
entitled : Background-City of Huntington Beach, Background-Continued, Special Ta x vs . General Ta x
(2), Propos ed Tax Rates, Cannabis Business Ta x Measure -Special Ta x, Tim eline for June Elec tion as
Spec ial Ta x, and Recommended Actions (2).
Councilmember Kalmick thanked both Analyst Yoon -Taylor and Chief Assistant City Attorney Vigliotta for
thei r extensive t ime devoted to this project. He stated that in reality, the Finance Commission would
recommend the actual ta x rate , and approving this item provides an opportunity for the residents to
decide whether or not to proceed. Councilmember Kalmick stated his opinion that any election costs will
be recouped ; the $300,000 to $600,000 potential revenue is very conservative ; and placing this item on
the June ballot creates the opportunity for proper regulation by the City, rather than allowing the industry
to present their pro -industry option to the voters .
Councilmember Carr stated her support for Councilmember Kalmick's comments , and belief that
approving this item for the June ballot is the proper way to proceed . She further stated her support for
where the generated funds will be d irected , and appreciation for the ability to determine the actual tax
rate in the future .
Councilmember Peterson stated his support for taking the time to bring a complete ordinance before the
voters that conta ins all of the facts , including amount of proposed tax. He further stated, in light of the
fact that the industry will not be able to get a ta x amount on the June ballot, further supports his
recommendation to place a comprehensive item on the November ballot. Councilmember Peterson
added his opinion that proceeding in this manner should prevent making the errors of other cities, who
had to backtrack because of their haste .
Council/PFA Regular Minutes
March 1, 2022
Page 15of18
Mayor Pro Tern Posey stated his support of Councilmember Peterson's comments, and thanked Analyst
Yoon-Taylor, and public speaker Michael Moussalli for his recent tour and industry education. Mayor Pro
Tern Posey stated his belief that City Council must stay ahead of this issue, and his support for a more
complete package being presented to the voters that includes tax specifics. He confirmed he is keeping
his mind open and appreciates the dialogue.
Councilmember Moser stated her support for the comments of Council members Carr and Kalmick. She
further stated her opinion that making it possible to vote in June keeps the voters and Council in the
driver's seat on this issue.
Mayor Delgleize confirmed with Councilmember Kalmick that proceeding with a June vote will not limit
options for the November vote. Councilmember Kalmick added that having voter consensus in June will
guide how Council proceeds, and may or may not result in another vote in November.
Councilmember Bolton confirmed with Chief Assistant City Attorney Vigliotta that a June ballot initiative
would also designate where the special tax revenue is used, and therefore has her support. City Attorney
Michael Gates clarified that a "specia l tax" initiative which defines revenue use, can be placed on either
the June or the November ballot.
Councilmember Kalmick reiterated that the final ordinance will clearly define the tax criteria and rates,
that the item must receive two-thirds (2/3) voter approval and that funding for public safety and homeless
issues is very important.
Mayor Pro Tern Posey and Councilmember Kalmick discussed whether any proposed tax rate would be
applied globally to all cannabis products, or if there might be a different tax rate for different product
types . Councilmember Kalmick added that State regulations on the THC component would have to be
considered .
A motion was made by Kalmick, second Carr to adopt Resolution No. 2022-07, "A Resolution of the City
Council of the City of Huntington Beach , California calling for a Special Election to place a special tax
measure on the June 7 , 2022 Statewide Primary election ballot for the submission to the qualified voters
of proposed Ordinance No. 22-XX adding Chapter 3.25 to Title 3 of the Huntington Beach Municipal
Code, establishing a tax on cannabis businesses within the City of Huntington Beach; requesting full
election services from the County of Orange to conduct said election; and setting rules and deadlines for
arguments and rebuttals for and against the Ordinance including designating council to draft arguments ;
and, direct staff to schedule a future meeting date at which the City Council can further consider the
implications of various unresolved policy/regulatory matters associated with cannabis, after which time
the City Attorney can prepare and return to the City Council for its consideration, a regulatory ordinance
regarding cannabis regulations for City Council adoption or voter approval ; and authorize a General Fund
appropriation of up to $450,000 in Account 10010201 .69505 for the OC Registrar of Voters to cover all
associated election costs related to placing the measure on the June 7 , 2022 ballot. Additionally,
Council authorized its members Bolton, Carr and Kalmick to file a direct argument in favor of the
measure.
The motion carried by the following vote:
AYES :
NOES :
Bolton , Delgleize, Carr, Moser, and Kalmick
Peterson , and Posey
ORDINANCES FOR ADOPTION
Coun cil/PFA Regular Minutes
March 1, 2022
Page 16of18
25. 22-092 Adopted Interim Urgency Ordinance No. 4249 amending the Huntington Beach
Zoning and Subdivision Ordinance to establish objective standards for urban lot
splits and housing units constructed in accordance with Senate Bill 9
SIX AFFIRMATIVE VOTES ARE REQUIRED TO ADOPT THIS ORDINANCE PER
GOVERNMENT CODE SECTION 65858
Interim City Manager Sean Joyce introduced Community Development Director Ursula Luna-Reynosa,
who introduced Jennifer Villasenor, Deputy Community Development Director to present a PowerPoint
communication titled Senate Bill 9 Interim Urgency Ordinance with slides entitled : Request, SB 9
Qualifying Criteria, Urban Lot Split Criteria, SB 9 Regulations, Proposed Objective Standards, Local
Ordinance Objective Standards (2), and Recommendation & Next Steps.
Mayor Delgleize confirmed with Director Luna-Reynosa that nearly every city in Orange County is
dealing with this issue , and Director Luna-Reynosa thanked City Attorney Michael Gates and his staff for
their immense help by reviewing existing ordinances and drafting objective standards that are
appropriate for Huntington Beach .
Mayor Pro Tern Posey stated his appreciation for this comprehensive ordinance and especially the
design component, which he fully supports . There was further discussion to confirm that solar panel
directives meet the standards in the current Building Code . For the benefit of the public, Mayor Pro Tern
Posey stated that if this ordinance was not adopted, the City would then become subject to the full force
of SB 9; and adopting this ordinance allows for maintaining local control.
Councilmember Kalmick confirmed that SB 9 is not applicable if a Home Owner Association (HOA) has
Covenants, Conditions and Restrictions (CC&Rs) that prohibit lot splits, or if a lot is in the appealable
section of the Coastal Zone . He stated that the real purpose of SB 9 is to allow homeowners to build
additional housing on their current property, and the City would get Regional Housing Needs
Assessment (RHNA) credit for affordable housing . Councilmember Kalmick stated that this Interim
Urgency Ordinance would ensure new building would remain cohesive with existing neighborhoods.
Director Luna-Reynosa confirmed that there have been a number of inquiries from homeowners in all
areas of the City interested in utilizing SB 9 for expansion and asking how to do it.
Councilmember Peterson expressed appreciation for staff addressing parking and a design element in
this ordinance . He confirmed with Director Luna-Reynosa that the ordinance will become effective
immediately if approved by Council , and once the permanent regulations are prepared , the regulations
will go through the Planning Commission and back to Council.
Councilmember Moser thanked staff for their efforts on this ordinance, and noted that "intent to occupy"
will require the development of an enforcement mechanism .
Mayor Delgleize and Deputy Director Villasenor discussed several of the exemptions listed such as flood
zones , and Mayor Delgleize stated Council needs to continue to do their best to ensure maintaining as
much local control as possible.
Council/PFA Regular Minutes
March 1, 2022
Page 17of18
A motion was made by Posey, second Moser to, after City Clerk reads by title , adopt Urgency Ordinance
No. 4249, "An Interim Ordinance of the City Council of the City of Huntington Beach Adding Chapter 237
to Title 23 of the Huntington Beach Zoning and Subdivision Ordinance to Provide Objective Standards for
Urban Lot Splits and Housing Units Built in Accordance with Senate Bill 9, Declaring the Urgency
Thereof, and Making a Finding of Exemption Under CEQA."
The motion carried by the following vote :
AYES:
NOES:
Peterson, Bolton , Posey, Delgleize, Carr, Moser, and Kalmick
None
COUNCILMEMBER ITEMS
26. 22-166 Approved Item submitted by Mayor Pro Tern Posey and Councilmember Carr-
Establishing a Memorial for Officer Nicholas Vella
Mayor Pro Tern Posey introduced this item, explaining that he had already spoken with Newport Beach
Councilmember Will O'Neill, Mayor Kevin Muldoon, and Interim City Manager Joyce had spoken with
Newport Beach City Manager Grace Leung, who have all stated their support for this effort. Mayor Pro
Tern Posey stated this incident reminds us of the real danger Police Officers face every day, and this is
an appropriate way to remind people of that fact.
Councilmember Carr stated it has been nearly 50 years since a Huntington Beach Officer has fallen in
the line of duty. She thanked Mayor Pro Tern Posey for starting the conversation with Newport Beach
and stated this is a small token of the City's appreciation for Officer Vella's service to the community.
Mayor Pro Tern Posey also noted there is only one official donation link for Officer Vella at
https : //porac. org/fu nd raiser/support-off icer-ve I la-his-family/.
A motion was made by Posey, second Carr to ask staff to work collaboratively with the City of Newport
Beach to determine all associated logistics with the development of a memorial for Officer Nicholas Vella
at or near the crash site . Furthermore , staff will inform Officer Vella's family regarding the proposed
memorial and seek their input throughout the process to ensure that it is reflective of his life and his
commitment to public safety.
The motion carried by the following vote :
AYES:
NOES:
Peterson, Bolton, Posey, Delgleize, Carr, Moser, and Kalmick
None
COUNCILMEMBER COMMENTS (Not Agendized)
Mayor Pro Tern Posey thanked Public Speaker Michael Moussalli for providing a tour of his Se7enLeaf
facility; reported attending the OCTax Annual Meeting and providing a City of Huntington Beach Housing
Update to the Building Industry Association Government Affairs Committee.
Councilmember Carr reported participating in the Point-In-Time Count, Everyone Counts, on February
22 , and gave a huge shout-out to Huntington Beach Officer Carsten, a member of the Homeless Task
Council/PFA Regular Minutes
March 1, 2022
Page 18of18
Force, for escorting the Count team an d knowing the name of each homeless person they spoke with.
She also noted that the Navigation Center has already made a huge difference in the community .
Councilmember Moser reported speaking at a 5th Grade Scout meeting at Moffett Park; reminded
everyone of the Saturday, March 5th Blood Drive at City Hall ; reported the Human Relations Committee
hosting a cultural cinema showcase for Black History Month on HBTV, as well as a live audience
screening night at Huntington Beach Central Library on Thursday , March 24th; and, remembered retired
K-9 Officer Marco who retired from the HBPD in Dec 2021, and passed a few days ago . Councilmember
Moser asked for a moment of silence for peace in Ukraine.
Councilmember Bolton reported attending a Roundtable hosted by Orange County Human Relations
where people were encouraged to respond to hate incidents by letting the targeted know they are not
alone, and to articulate what the community expects in terms of standards. She reported making a visit
to Vista View Middle School and answered student questions.
Mayor Delgleiz e shared her pleasure at joining Garden Grove Mayor Jones for the final meeting of the
year for OCTax; attending the Huntington Beach Chamber of Commerce Best of 2021 Awards
ceremony ; acknowledged Orange County Sheriffs Officer Don Barnes for a contribution to Officer Vella's
memorial fund; and noted the Assistance League's children's books give-a-way, and Treasures by the
Sea 202 2 fundraising event on Saturday, March 26 , 2022 .
ADJOU RNM E NT -at 10:04 PM to the next regularly scheduled meeting of the Huntington Beach City
Council/Public Financing Authority on Tuesday, March 15, 20 22 , at 4:00 PM in the Civic Center Council
Chambers, 2000 Main Street, Huntington Beach , California.
INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AG ENDA AND
STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT
http://www.huntingtonbeachca .gov
ATTES T:
City Clerk and ex-officio Clerk of the City Council
of the City of Huntington Beach and Secretary of
the Public Financing Authority of the City of
Huntington Beach , California