HomeMy WebLinkAbout2022-07-19Minutes
City Council/Public Financing Authority
City of Huntington Beach
Tuesday, July 19, 2022
4:00 PM -Council Chambers
6 :00 PM -Council Chambers
Civic Center, 2000 Main Street
Huntington Beach , California 92648
or Virtual via Zoom Webinar
A video recording of the 4:00 PM and 6:00 PM portions of this meeting
is on file in the Office of the City Clerk, and archived at
www.surfcitv-hb.org/government/agendas/
4:00 PM -COUNCIL CHAMBERS
CALLED TO ORDER -4:00 PM
ROLL CA~L.
Present:
Absent:
Peterson, Bolton, Posey, Delgleize, Carr, Moser, and Kalmick
None
City Clerk Robin Estanislau requested, and was granted, permission to be absent pursuant to City
Charter Section 310 (a).
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution)
Pursuant to the Brown "Open Meetings" Act, Assistant City Clerk Patty Esparza announced
supplemental communications received by her office following distribution of the Council Agenda packet:
Study Session
#2 (22-622): . A PowerPoint communication titled Fiscal Year 2022123 Adopted Budget Review Including
Revenues and Expenditures Report submitted by Dahle Bu l osan , Chief Financial Officer.
PUBLIC CQMMENTS PERTAINING TO STUDY SESSION I CLOSED SESSION ITEMS
(3 Minute Time Limit) -1 In-Person Speaker
The number [hh:mm :ss] following the speakers' comments indicates their approximate starting time in
the archived video located at http://www.surfcity-hb.orqlgovernmentlaqendas.
Rob Pool was called to speak and shared that his review of the budget page being publicly circulated
appears to·:h\m to. be redacted when compared to what is currently on the City's webs ite, and asked if the
footnotes were part of the original document. (00 :01 :23)
STUDY SESSION
1. 22-628
.,.· .
...
!••'
Presentation on the Brown "Open Meetings" Act by the City Attorney's Office
City Council /PFA Regular Mee t ing Minutes
July 19 , 2 02 2
Page 2 of 14
City Attorney Michael Gates introduced Chief Assistant City Attorney Michael V igliotta, who has 20 years
of Brown Act training e x perience .
Assistant Chief City Attorney Vigliotta provided a brief overview of Brown Act, and addressed four basic
areas : 1) Overview; 2) Types of Meetings the City Has; 3) How to Address Non-Agendized Items ; and 4)
What Value Do Ad Hoc Committees Have? He stated the laws that guide how government does
business , also known as "sunshine" laws, provide light and t ransparen cy for t h e public on how deci sions
are made. Chief Assistant City Attorney Vigliotta stated he has a full one-hour presentation that goes into
greater detail, and noted that the League of California Cities provides an invaluable resource on t he
Brown Act.
He continued by explaining all meetings of a legislative body of a local agency have to be open to the
publ ic, and notice of regular meetings must be provided to the public at least 72 hours before by pos t ing
the agenda with a brief general description of all items of bus iness . A meeting is a congregati on of a
majority of legislative body members to discuss or deliberate any item . Any gathering of four o r more
City Councilmembers will trigger the Brown Act, whether an in -person meeting or electronic
communications discussing issues.
The City Council has three types of meetings. Regular meetings require an agenda to be publ icly posted
72 hours in advance ; special meeti ngs require an agenda to be publicly posted 24 hours in advance ; and
emergency meetings , which don't normally requi re advance notice, poss ibly ca ll ed because of a natural
disaster, or similar true emergency situation.
Non -Agendized issues may be discussed during Public Comments , however the Brown Act meeting
rules do not allow for Councilmember response to non-agendized issues. There are ex ceptions that
allow for non-substantive Councilmember comment.
Ad Hoc committees are created by formal action of the City Council , composed of less than a quorum , to
address a specific item where Councilmembers need more informatio n. Ad Hoc committees canno t take
any formal action, but report back to the City Council, and once the Ad hoc committee has completed
their task the committee should be dissolved .
Councilmember Kalmick thanked Chief Assistant City Attorney Vigliotta for his presentation , and clarified
his understanding that Council can ask staff a question , or make a factua l statement, in response to a
Public Comment.
City Attorney Gates described how easy it is to commit a Brown Act violation and advised that when a
Councilmember disagrees with a public speaker , the Councilmember should address the Mayor and
request that the City Manager bring the item back to another meeting .
Councilmember Carr quoted Government Code Section 54954.2 which states , in part, that " ... members
of a legislative body or its staff may briefly respond to statements made or questions posed ... "and
e xpressed her concern that sometimes the type of public comments th at are received i n her opinion
cannot be left unaddressed for two weeks.
City Attorney Gates responded that in reality it is so easy for a Councilmember to sudden ly find
themselves in a two-way communication with a public speaker, which wou ld be a v i olation of t he Brown
Act, and noted there is a balancing act which can easily go the wrong way.
City Council/PFA Regular Meeting Minutes
July 19 , 2022
Page 3 of 14
Councilmember Bolton confirmed with Chief Assistant City Attorney Vigliotta that Ad Hoc committees are
not prohibited by the Brown Act.
Councilmember Posey stated the League of California Cities is a great resource for Brown Act
information, including a 10-page document titled The Essential Hour, Your First Public Meeting Brown
Act Basics which he especially recommended for all City Council candidates.
Councilmember Moser and Chief Assistant City Attorney Vigliotta discussed certain circumstances where
Councilmembers can be at the same event at the same time , and not violate the Brown Act , but must
remember to not discuss any C ity business .
2. 22-622 Review of the Budget including the Revenues and Expenditures Report
City Manager Zelinka introduced Chief Financial Officer Dahle Bulosan who presented a PowerPoint
communication entitled FY 2022123 Adopted Budget Review including the Revenues and Expenditures
Report with slides titled Presentation Overview, FY 2022123 Budget Highlights, General Fund Budget
Review, HB Recovery Projects $29. 6M (2), All Funds Review and Expenditure Summary, City of
Huntington Beach Adopted Budget -FY 2022123, All Funds Revenues & Expenditure Summary,
Overview of the Capital Improvement Program & Capital Equipment Budgets, FY 2021122 GIP &
Equipment Budget, FY 2022123 GIP & Equipment Budget, Summary, and Questions?
Mayor Pro Tern Posey thanked CFO Bulosan for the presentation and stated his opinion that the budget
meeting is the single most important meeting of the year. He noted that Calcities.org has a training
academy tool that explains budget information for new councilmembers and mayors.
Regarding Park Development Impact Fee Fund Balance, Mayor Pro Tern Posey explained that the
balance will be zero in 2023, and shows how accumulated funds are being spent. He noted that the next
Council will have to address what to do about funds for continued park maintenance. Mayor Pro Tern
Posey also referenced a California League of Cities PowerPoint presentation (s lid e #4) regarding
department head procurement procedures and policies, and requested that City Manager Zelinka review
Huntington Beach best practices to make sure that Huntington Beach is in line and transparent.
City Manager Zelinka responded that he had that in his plan for the first 30 days to review that with
Finance and that he will be able to return with a path forward about mid-August.
Councilmember Posey also noted the specific spreadsheet in question that had been posted publicly ,
shown in t~e PowerPoint presentation with red boxed numbers, and confirmed w ith CFO Bulosan the
"Personne! Costs" of approximately $363M reflects the proceeds from the Pension Obligation Bonds .
The bigger amount in that column reflects the payment made to California Public Employees Retirement
System (CalPERS) to reduce the Unfunded Accrued Liability (UAL). He noted that these are one-time
anomalies which are not likely to be repeated.
CFO Bulosan also noted that the bonds were refinanced at a lower rate which saved the City money.
Mayor Pro Tern Posey commended his fellow Councilmembers, and CFO Bulosan for delivering a
balanced budget with a modest surplus.
Councilmember Moser thanked CFO Bulosan for this presentation and responding to the residents'
concerns in a timely manner.
City Council/PFA Regular Meeting Minutes
July 19 , 2022
Page 4 of 14
CFO Bulosan clarified that the spreadsheet annotations were added after seeing public remarks and
confirmed the annotations were not part of the original document.
Councilmember Kalmick clarified that what was shown on the PowerPoint sli de tonight , compared to
what had been shared via social media, specifically the negative numbers for all categories just shows
the decrease from the previous year.
CFO Bulosan stated there is a separate report that precedes this specific worksheet which shows each
fund balance , how much it was drawn down and how much was added during the year. Councilmember
Kalmick confirmed those big negative numbers do not represent a deficit. He thanked CFO Bulosan and
commended him on all of his hard work on preparing the budget documents , and suggested when
residents have questions or concerns, they communicate directly with Councilmembers and/or staff to
get timely answers.
A motion by Posey, second Carr to recess to Closed Session . With no objections the motion passed.
RECESSED TO CLOSED SESSION -5:02 PM
CLOSED SESSION
3. 22-621 CONFERENCE WITH LEGAL COUNSEL-LITIGATION (Gov. Code section
54956.9(d)(4).): Number of Matters: One (1) -City of Long Beach et. al v. Monsanto
Company et. al. Case No. 2:16-cv-03493-FMO-AS.
6:00 PM -COUNCIL CHAMBERS
RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING -6 :04 PM
ROLL CALL
Present:
Absent:
Peterson , Bolton, Posey , Delgleize, Carr, Moser, and Kalmi ck
None
City Clerk Robin Estanislau requested , and was granted , permission to be absent pursuant to City
Charter Section 310 (a).
PLEDGE OF ALLEGIANCE -Led by Councilmember Bolton
INVOCATION
In permitting a nonsectarian invocation, the City does not intend to proselytize or advance any fa ith or
belief. Neithe r the C ity nor the City Council endorses any particular re ligious belief or form of invocat ion .
4. 22-515 Deacon Matt Calabrese with St. Simon & Jude Catholic Church and member of the
Greater Huntington Beach Interfaith Council
CLOSED SESSION REPORT BY CITY ATTORNEY -None
City Council/PFA Regular Meeting Minutes
July 19, 2022
Page 5 of 14
AWARDS AND PRESENTATIONS
5. 22-594 Mayor Delgleize to call on the Huntington Beach Marine Safety Division to honor
Junior Lifeguard Elizabeth Felten for her heroic act of saving the life of a six year
old boy
6. 22-523 Mayor Delgleize presented the June Mayor's HB Excellence Award to Milan Vukoje,
Supervisor of Parking I Camping Facility in the Community and Library Services
Department
Community and Library Services Director Chris Cole introduced Mr. Vukoje noting he joined the City in
2010 as a Parking/Camping Assistant, and quickly rose to Part-Time Supervisor. In 2015 he became a
full-time Parking Assistant , and in 2020 became the Parking/Camping Facility Supervisor. An interesting
fact is that Milan worked alongside Jim Carey in the movie Yes Man . Milan's best attribute as an
employee is his collaboration with other departments to get things done, such as adding new innovative
technologies for verifying paid parking fees, reconfiguring parking strip i ng to maximize efficiencies,
helped to launch a new website (hbrv.org) to reserve beach camping spots, developing a new on-line
system for getting annual parking passes, adding WiFi to the Parking Booth to support a new point-of-
sale scanning system , and providing analytics .
Mr. Vukoje thanked Mayor Delgleize for the acknowledgement and noted all of those things he was just
credited for were really accomplished through an exceptional team of co-workers.
7. 22-607 Mayor Delgleize to present the July Mayor's HB Excellence Award to Jimmy Hoang,
Code Enforcement Supervisor in the Community Development Department
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution)
Consent Calendar
#8 (22-615)
#10 (22-597)
Inter-department communication memo received from Robin Estanislau , City Clerk,
regarding the submission of draft meeting minutes of the City Counci l/Public Financing
Authority regular meeting of July 5, 2022 .
PowerPoint presentation entitled Warner Fire Station Fuel Dispensary submitted by
Director of Public Works , Sean Crumby.
Administrative Items
#12 (22-601) Inter-Office memo including a PowerPoint presentation entitled Adoption of Resolutions
to Place Cannabis Business Regulation & Ta x ation Measures and Resolution Nos.
2022-50, 2022-51, and 2022-52 pertaining to "Opti on 4" of the Charter amendment
submitted by Travis Hopkins, Assistant City Manager.
Inter-department Communication from Assistant City Manager, Travis Hop kins
submitting alternative Resolution Nos. 2022-46 , 2022-48 and 2022-49 i n the event
Council votes to only place the cannabis business ta xation measure on the November
8, 2022 General Municipal Election ballot.
Letter received from the Ocean View School District Superintendent Michael Conroy,
Ed.D. and Gina Clayton -Tarvin, Board President regarding the placement of Cannabis
City Council /PFA Regular Meeting Minutes
Ju ly 19, 2022
Page 6 of 14
Business Regulation and Taxation Measures on t he November 8 , 2022 Genera l
Municipal Election Ballot.
Letter received from Jonatan Cvetko, Executive Director for United Cannabis Business
Association (UCBA) regarding the placement of Cannabis Business Regulation and
Taxation Measures on the November 8 , 2022 Genera l Municipal Election Ballot.
Eighteen (18) email communications received regard ing the proposed adoption of
resolutions to place Cannabis Business Regulation and Ta x ation Measures on the
November 8 , 2022 General Municipal Election Ballot.
PUBLIC COMMENTS (3 Minute Time Limit) -14 In -Person and 6 Call-In Public Speakers
The number [hh :mm:ss] following the speakers' comments indicates their approximate starting time in
the archived video located at http://www.surfcity-hb .orqlqovemmentlaqendas.
Luanne Nichols was called to speak and shared examples of her e x periences as a public speaker over
the last couple of years and shared her disappointment w ith some councilmembers . (01: 17 :33)
Gina Alexander, Skandia Mobile Home Park Home Owner Association Vice President, was called to
speak and asked what is being done regarding the proposed Rental Assis tance Program . She also
announced that the Mobile Home Advisory Board quarterly meeting is next Monday, July 25 , 2022 , and
asked that some Councilmembers attend to demonstrate their concern about the situat ion . (01 : 19 :56)
Dan Panatano, Skandia Mobile Home Park homeowner, was called to speak and st ated he feels he is
being robbed of the efforts for raising his family and being productive members of Huntington Beach
through the big conglomerate investors buying up all the real estate and making midd le-income fam il ies
become renters. He asked that Councilmembers not remain silent about the i r efforts to provide
assistance , and suggested they could respond through the Mobile Home Advisory Board . (01 :23:10)
Cari Swan was called to speak and stated her opposition to Administrative Items #12 regard ing adoption
of resolutions to place cannabis business regulation and ta xation measures on the November 8 , 2022 ,
General Municipal Election ballot. Ms . Swan also shared some det ai ls regarding a letter she rece ived
from the attorney for Melahat Rafiei accusing her of making a false and defamatory statement during her
public comments at the last City Council meeting , and noted the accusation is not correct. (01 :25 :46 )
R. Allen Baylis , a resident of Huntington Beach for 60 years , was ca ll ed to speak and stated his support
for Administrative Items #12 regarding adoption of resolutions to place cannabis business regulation and
taxation measures on the November 8, 2022, General Municipal Election ballo t. Mr. Baylis also stated
his support for allowing City Council to appoint the City Attorney. (01 :28:57)
Damian Martin, Attorney and Co -Founder, Catalyst Cannabis Co., with 13 retail stores in California , was
called to speak and offered to assist and support the City Council cannab is efforts . Mr. Martin
recommended deferring to State operating hours ; keeping the majority of buffer zones to 600 f eet; and
measuring from the front door of the dispensary building to the parcel l ine of the sens it ive use.
(01 :31 :50)
Cristian Martinez, a researcher, political and community organizer wi t h United Food and Commercial
Workers (UFCW) Local 324 representing cannabis workers in Long Bea ch and throughout Orang e
County, was called to speak and stated his opinion that it is important for city councils to work closely
with their local union to ensure input from those working in the cannab i s industry. Mr. Martinez sta ted his
City Council/PFA Regular Meeting Minu tes
July 19, 2022
Page 7 of 14
support for Administrative Item #12 regarding adoption of resolutions to place cannabis bus iness
regulation and taxation measures on the November 8, 2022, General Municipal Election ballot.
(01 :35:06)
Jenny Phan , cannabis industry worker and UFCW Local 324 member, was called to speak and as a
person with experience in illicit and legal cannabis operations stated her support for protecting employee
rights, benefits, and setting standards. Ms. Phan encouraged Counci lmembers to partner wi t h Labor to
support the ability of workers to thrive and sustain themselves in a growing cannab is industry. (01 :36:43)
Jason Piazza, a life-long resident of Costa Mesa and cannabis real estat e specialist , was called to speak
and stated his support for Administrative Item #12 regarding adoption of resolu t ions to place cannabis
business regulation and taxation measures on the November 8 , 2022, General Municipal Election ba ll ot.
Mr. Piazza made recommendations based on his ex perience for creating green zones which spread out
the d ispensaries . (01 :38:24)
Michael Moussalli, a 5-year resident of Huntington Beach and owner of a Costa Mesa cannabis
business, was called to speak and commended City Council for engaging the commun ity in the process
of determining the best governance policies . Mr. Moussalli recommended follow ing State guidel ines for
600-foot buffers , and allowing operation hours from 6 AM to 10 PM . (01 :41 :4 1)
Russell Neal , a resident of Huntington Beach, was called to speak and stated h is opposition to
Administrative Items #12 regarding adoption of resolutions to place cannabis bus iness regulation and
taxation measures on the November 8, 2022, General Municipal Election ballot. He further suggested
that Councilmember efforts should lead the fight against legalization on behalf of the residents , rather
than supporting legalization . (01 :44:55)
Kathy Neal , a resident of Huntington Beach , was called to speak and sta t ed her opposition to
Admin i strative Items #12 regarding adoption of resolutions to place cannabis business regulati on and
taxation measures on the November 8, 2022, General Municipal Elect ion ball ot. Ms. Nea l quoted from a
2017 Daily Pilot article that Huntington Beach City Council unanimously approved a zoning amendment
to prohibit the sale and distribution of non-medical marijuana and cultivation of recreational marijuana,
and asked what has changed since then . (01 :47:46)
Maureen was called to speak and stated that the City is spending approxi mately $250,000 for bike lanes,
and shared a picture of a long-time hazardous sidewalk in her ne ighborhood. Mau reen as ked how funds
can be moved to address unsafe and hazardous sidewalk situations from specia l interest projects like
bike lanes, and shared her opinion that some councilmembers appear d isinterested during public
comments. (01 :51 :02)
Matthew Nathaniel, Director of Retail Expansion, Shryne Group, was called to speak and shared his
concern s related to Administrative Item #12 regarding adoption of reso lutions to place ca n nab is bus i ness
regulation and tax ation measures on the November 8 , 2022, General Municipa l Election ballot. Mr.
Nathaniel recommended following State guidelines fo r 600-foot buffers , and 6 AM to 10 PM hours of
operation. He .noted that Council appears to be setting very high barriers wh ich will ma ke it d ifficult for
smaller "social equity" applicants. (01 :53:50)
Caller Ada Hand , a resident of Del Mar Mobile Home Park, was invited to speak and noted that the City
has not completed a comprehensive study of Huntington Beach mobil e home parks since 2002 to
educate Councilmembers on the resources and needs of mobile home residents . Ms . Hand noted that
the Huntington Beach Mobile Home Advisory Board (MHAB) passed a motion t o request a 2022 Mobile
City Council/PFA Regular Meeting Minutes
July 19, 2022
Page 8 of 14
Home Market Study for the City's consideration , and requested that staff present a report of actions
taken for this Market Study forthe upcoming MHAB meeting on July 25th . (01 :57 :14)
Caller Ally Plum, owner of a Del Mar Mobile Home Park manufactured home , was invited to speak and
stated she expected an update tonight on the proposed Tenant Based Rental Assistance (TBRA)
program , and noted that her requests to City Council for information have gone unanswered. Ms . Plum
encouraged everyone to attend, via Zoom or in person, the next Mobile Home Advisory Board (MHAB)
meeting on Monday, July 25, 2022, at 5 PM. (02:00:34)
Caller Brayan Ariaza, Culture Cannabis Club , with approximately 25 licenses throughout California, was
called to speak and stated support for the City Council efforts to adopt cannabis business regulations ,
and added the Club looks forward to the opportunity to do business in Huntington Beach. (02:02:45)
Caller Bobbi King, a resident of Huntington Beach for nearly 30 years, currently living in Del Mar Mobile
Home Park, was invited to speak and asked that Councilmembers support a Section 803 Rent
Stabilization Ordinance (RSO) for mobile home parks in Huntington Beach . (02 :03 :27)
Caller Mary Jo Baretich, a 40-year homeowner in Cabrillo Mobile Home Park, was invited to speak and
requested City Council support for a carve out to City Charter Section 803 for a Rent Stabilization
Ordinance (RSO) to be voted on in November 2022 . Ms . Baretich noted that a majority of mobile home
owners in Huntington Beach are seniors , veterans , disabled and low-income, and shared her opinion that
the proposed Rental Assistance program will only help a very small portion of Huntington Beach mobile
home owners. (02 :06 :47)
Caller Ben , a 10-year resident of Huntington Beach, was invited to speak and asked what the distance
requirement is between a marijuana smoker and the neighbor's common wall. (02 :08:49)
COUNCIL COMMITTEE -APPOINTMENTS -LIAISON REPORTS, AB 1234 REPORTING, AND
OPENNESS IN NEGOTIATIONS DISCLOSURES
Council member Carr announced she was appointed as Vice Chair of the Legislative Committee for OC
Sanitation , and reported she attended a Downtown Business Improvement District (DBID) meeting.
Councilmember Bolton reported attending a Human Relations Committee meeting .
Mayor Pro Tern Posey announced that Southern California Association of Government (SCAG)
President and Palm Desert Mayor Jan Harnock appointed him to the SCAG Legislative, Communications
and Membership Committee.
Councilmember Moser reported attending the Human Relations Committee meeting , and a Downtown
Business Improvement District (DBID) meeting .
Mayor Delgleize reported attending meetings of the Orange County Transit Authority (OCTA) Board,
Orange County Council of Governments (OCCOG) State Commission, and the town hall meeting in
Huntington Harbour held by Police Chief Parra .
CITY MANAGER'S REPORT -City Manager Zelinka reported that last week he attended new
firefighter water safety training at the Warmer Fire station with Fire Chief Haberle, and he also took a tour
of the Huntington Beah Police Department facilities with Chief Parra .
City Council/PFA Regular Meeting Minutes
July 19, 2022
Page 9 of 14
Chief Parra reported that Huntington Beach Police Officers apprehended two suspects from an out-of-
state smash and grab after engaging in a 90-minute pursuit.
CONSENT CALENDAR
Council member Kalmick pulled Item # 10, and noted that Item #8 has amendments.
8. 22-615 Approved and Adopted Minutes
A motion was made by Posey, second Moser to approve and adopt the City Council/Public Financing
Authority regular meeting minutes dated July 5, 2022, as amended by supplemental communication.
The motion, as amended by supplemental communication , carried by the following vote:
AYES:
NOES:
Peterson, Bolton, Posey, Delgleize, Carr, Moser, and Kalmick
None
9. 22-236 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 Posey, second Moser 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:
A YES: Peterson, Bolton , Posey, Delgleize, Carr, Moser, and Kalmick
NOES: None
10. 22-597 Appropriated funds for emergency maintenance repairs at Warner Fire Fuel Station
located at 3831 Warner Avenue
Councilmember Kalmick pulled this item to discuss further with staff and asked for a presentation .
Public Works Director Sean Crumby presented a PowerPoint communication titled Warner Fire Station
Fuel Dispensary, with slides entitled Warner Fire Station Fuel Dispensary (3), Fleet Management Plan,
and Questions?
Mayor Delgleize and Director Crumby discussed repair cost vs the cost of replacement. Director Crumby
confirmed there are new Air Quality Management District (AQMD) mandates that will be included in the
project.
Mayor Pro Tern Posey thanked Councilmember Kalmick for pulling the item for discussion , and helping
to provide transparency for this expenditure. Mayor Pro Tern Posey asked if $550,000 is sufficient to
complete the project. Director Crumby confirmed his department has been performing due diligence
since April to present accurate numbers, which are based on actual bids, and include a contingency .
City Council/PFA Regular Meeting Minutes
July 19, 2022
Page 10of14
Mayor Pro Tern Posey and Director Crumby discussed that Sunwest, the vendor providing project
maintenance and who will provide the repai rs , was secured through a competitive bid proce ss , and staff
is cross-comparing t o ensure continued value .
Mayor Pro Tern Posey asked that the staff report after project completion would include information on
the competitive bidding process .
Councilmember Carr confirmed that this is the only site that the City dispenses fuel for Lifeguard boats
and inquired how long the project is expected to take . Director Crumby replied that the longest part of
the project is procurement, during which time everything continues to be operational , and he noted
temporary options are available . He also stated the construction will be coordinated to minimize impact
on Marine Safety, while addressing the County's concerns in a t imely manner.
Director Crumby stated there are about 5,000 gallons of gas, and 4,000 gallons of diesel in the ground at
this location , and confirmed there are a series of portable generators available if the power goes out
wh ich could be available in about 20 minutes .
There was further discussion regarding possible use of a nearby public gas station. Public Works
Ope rations Manager Denny Bacon noted he has started d ialogue with owners and managers of area
public gas stations but there are no numbers or any information to share at this time . It was noted that
the station adjacent to the Warner fuel dispensary does not have diesel.
A motion was made by Posey, second Carr to appropriate $550,000 in Transfers Out from FY2021/22
General Fund year-end surplus to the Infrastructure Fund; and , appropriate $550,000 from the
Infrastructure Fund to account 31440006.82800.
The motion c arried by the following vote:
AYES :
NOES:
11. 22 -568
Peterson, Bolton , Posey, Delgleize , Carr, Moser, and Kalmick
None
Approved reappointments of Jet Noise Commissioners Keith Bohr, Phil Burtis, Jeff
Morin, Chris Kunze, Michael Bourgeault, David Porter, and Mario Tabernig, as
recommended by City Council Liaisons Delgleize and Bolton
A motion was made by Posey, second Moser to approve the reappointment of Keith Bohr, Phil Burtis ,
and Mario Tabernig to the Jet Noise Commission as approved by Council Liaisons, Delgleize and Bolton ,
with terms set to expire on December 31 , 2024; and, approve the reappointment of Jeff Morin, Chris
Kunze , Michael Bourgeault, and David Porter to the Jet Noise Commission as approved by Council
Liaisons , Delgleiz e and Bolton , with terms set to e xpire on December 31, 2026.
The motion carried by the following vote :
AYES :
NOES:
Peterson , Bolton , Posey , Delgleize , Carr, Moser, and Kalm ick
None
ADMINISTRATIVE ITEMS
City Council/PFA Regular Meeting Minutes
July 19, 2022
Page 11 of 14
12. 22-601 Adoption of Amended Resolution Nos. 2022-48, 2022-49, 2022-46, and 2022-47 to
place Cannabis BusinessTax Measure on the November 8, 2022 General Municipal
Election Ballot for Voter Approval
City Manager Zelinka introduced Senior Administrative Analyst Grace Yoon-Taylor who presented a
PowerPoint communication titled Adoption of Resolutions to Place Cannabis Business Regulation and
Taxation Measures with slides entitled Background -City of Huntington Beach (2), Next Steps, Cannabis
Business Tax Ballot Measure (2), City of Huntington Beach -Cannabis Business Ta x Ballot Measure -
General Tax, Number of Available Parcels/Properties, Availability of Parcels -Storefront Retailers,
Availability of Parcels: Non-Retail & Type 9 Retail, Cannabis Business Regulation Measure Ballot
Language Options 1-4 -Continued (3), Cannabis Business Regulation Measure Ballot Language Options
1-4, Timeline & Next Steps, Recommended Actions, and Questions?
Mayor Delgleize asked if the buffer distances and measurement lines, whether front door to property line
or property line to property line, has already been determined, and Senior Planner Hayden Beckman
confirmed that it has not.
Councilmember Kalmick and Senior Planner Beckman discussed whether or not to om it Specific Plans
from allowing cannabis businesses, and Senior Planner Beckman noted this is still up to the Council to
decide.
Councilmember Kalmick stated his opinion there is need for further discussions on buffer distances, and
noted it is important to get more community input regarding allowed hours of operation.
Councilmember Carr noted that the public has provided feedback regarding the buffers, and stated the
need for more public outreach since there has only been one townhall and study session regarding this
topic. She thanked Public Speakers Cristian Martinez and Jenny Phan for speaking about the industry
from the business and professional perspective . She stated her support for determining a residential
buffer, especially in consideration for the residents who are adjacent to non-retail sites; noted her support
for only allowing retail, testing and manufacturing, but not cultivation in the Ordinance.
Councilmember Carr added there has been no discussion to date to address zoning and concerns
regarding Regional Housing Needs Assessment (RHNA) State mandates, and added that housing
should be the priority, and cannabis overlays should not be allowed on residential zones. She stated
support for only moving forward with putting the tax measure on the ballot at th i s time.
Councilmember Moser asked if staff had considered property line to front door buffers, and Senior
Planner Beckman replied that has not been done yet, but those metrics could be completed moving
forward when preparing for presentation to the Planning Commission.
Councilmember Moser agreed that the tax measure should be presented to the voters, and stated her
support for including as much detail as possible for the voters. She also stated support for el iminating all
Specific Plans , as well as seeing maps showing the overlay of housing element and cannabis zones to
determine whether or not there are conflicting overlays.
Mayor Delgleize confirmed with Assistant City Manager Hopkins that no cannabis businesses are
allowed in residential zones.
City Council/PFA Regular Meeting Minutes
July 19, 2022
Page 12 of 14
Councilmember Peterson stated support for 1,000-foot buffers and shared his opinion that this item is
moving too quickly. He expressed concerns regarding the odor from cultivation and manufacturing , and
believes the residents deserve information, studies and transparency before they have the opportunity to
vote.
Councilmember Bolton noted there is a need to balance legitimate resident concerns regarding the
buffers while remaining aware of the goal to ensure the product end cost does not become more
expensive than the 'black' market. She asked for clarification on the number of locations permitted , and
asked to see how many viable locations there would be on a map with a 1,000-foot buffers .
Mayor Pro Tern Posey stated his support for the comments of Councilmembers Peterson and Carr that
decisions on this topic need to slow down . He stated appreciation for the comments made by Public
Speaker Mr. Moussalli and his breakdown of numbers. He added his support for looking at the impact of
a residential buffer, as well as potential cannabis and resident ial overlays. Mayor Pro Tern Posey shared
his opinion that the potential of generating revenues of $300,000 to $900,000, or trying to stay ahead of
special interests , are not good reasons for legislation . He reiterated that he does not support new taxes
and added it would be wise to re-define locations while being mindful of residents and the priority for
Regional Housing Needs Assessment (RHNA) housing .
Councilmember Kalmick suggested staff work on getting more public input on buffers and hours of
operation before a Council decision, and stated his support for moving forward with only putting the tax
issue on the ballot.
Councilmember Carr requested that if the voters approve a tax , the actual amount should not be set
before being reviewed by the Finance Commission.
Straw Vote
Councilmember Kalmick motioned to allow more time for resident feed -back regarding buffer amounts
and operating hours through more town hall meetings, and returning that information along with potential
residential/retail overlays for further Council discussion .
Vote : 7 -0
A motion was made by Carr, second Kalmick to consider twe one proposed cannabis ballot measures (for
regulation and tax ation) and ballot language for placement on the November 8 , 2022 General Municipal
Election ballot; and , adopt Resolution No . 2022-48 , "A Resolution of the City Council of the City of
Huntington Beach , California , Ordering the Submission to the Qualified Electors of the City of a General
Ta x Measure for the Submission to the Qualified Voters of a Proposed Ordinance Adding Chapter 3 .25 to
Title 3 of the Huntington Beach Municipal Code , Establishing a General Tax on Cannabis Businesses
Operating within the City of Huntington Beach and an Advisory Measure Regarding the Regulation of the
Commercial Cannabis Businesses at the General Election to be held on Tuesday , November 8 , 2022, as
Called by Resolution No. 2022-39 "; and, adopt Resolution No. 2022-49, "A Resolution of the City Council
of the City of Huntington Beach, Cal ifornia , Adding +we One Additional Measures to the Request to the
Board of Supervisors of the County of Orange to Consolidate A General Municipal Election to be held on
November 8, 2022 , with the Statewide General Election to be held on the Date Pursuant to Section 10403
of the Elections Code"; and, adopt Resolution No. 2022-46, "A Resolution of the City Council of the City of
Huntington Beach, California, Setting Priorities for Filing Written Arguments and Impartial Analyses
Concerning Regulation and Ta x ation of the Commercial Cannabis Businesses within the City of
Huntington Beach"; and, adopt Resolution No. 202 2-47 , "A Resolution of the City Council of the City of
Huntington Beach , Californ ia, Providing for the Filing of Rebuttal Arguments for City Cannabis Regulation
City Council/PFA Regular Meeting Minutes
July 19, 2022
Page 13 of 14
a00 Taxation Measures Submitted at Municipal Elections"; and , provide any additional direction on
commercial cannabis regulatory framework as the Ad Hoc Subcommittee and City staff continue to work
on regulatory and land use ordinances, as amended by supplemental communication to remove
language pertaining to regulation of cannabis business.
The motion carried by the following vote:
AYES:
NOES:
Moser, Kalmick, Bolton , Delgleize, and Carr
Peterson, and Posey
City Attorney Michael Gates reminded Mayor Delgleize that the Council needed a resolution declaring
who will be doing the arguments for and against the cannabis taxation measure .
Councilmembers Carr, Kalmick and Bolton agreed to provide the argument in favor.
COUNCILMEMBER COMMENTS (Not Agendized)
Councilmember Carr commended the Marine Safety Division and Huntington Beach Junior Lifeguards for
a successful BBQ. Fire Chief Haberle noted that with over 1,400 Junior Lifeguards participating this
summer, this is the biggest group ever.
Mayor Pro Tern Posey thanked the Huntington Beach Chamber of Commerce for hosting the golf
tournament at the Huntington Club, and congratulated his wife Jeann ie for being the women's "closest to
the pin" winner.
Council member Peterson announced the new restaurant at the end of the Pier had their soft opening
today.
Councilmember Moser reported attending the Coffee With A Cop event with many Huntington Beach
Police Officers and Be Well HB staff; 1-Year Anniversary Celebration for Taste Cantina by Bonito; and
Marine Safety Division and Huntington Beach Junior Lifeguards BBQ . Councilmember Moser noted that
during Public Comments she writes down the speakers' names and their comments to help her learn
people's names and their concerns, and has done so for every City Council meeting she has attended .
Regarding concerns about Sunset Beach and some homeless issues , she noted some of the changes
taking place, and stated that SurfCityBreak.com/SunsetBeachlmprovementsContinue is the place to find
the details .
Councilmember Moser recognized Former Mayor Ralph Bauer who recently passed away. She
described him as someone truly dedicated to Huntington Beach, and noted the whole Bauer Family has
made a legacy difference for the community. Dr. Bauer and Former Mayor Shirley Dettloff were
instrumental in creating the City's Human Dignity policy . He was able to remove the extemporaneous
and focus on base issues, and mentored her, and many others , on how to become civically engaged in
productive ways . Councilmember Moser described him as a giant in the community .
Mayor Delgleize announced there is a new bakery, The Shugar Shack in Harbour Mall, operated by a
young woman, her mother and sister, and encouraged a visit for a special treat. She reported making a
visit to Pinnacle Petroleum with Community Development staff, and presenting the Kiwanis Bob Gibbons
Award to Alex Longrong , Valedictorian of Marina High School.
City Council/PFA Regular Meeting Minutes
July 19, 2022
Page 14 of 14
Mayor Delgleize thanked Councilmember Moser for sharing her response to the passing of Dr. Ralph
Bauer and noted this meeting would be adjourned in his memory. He served on the City Council for over
10 years, spent nearly 50 years involved in Surf City events , and was a true champion for many causes
in Huntington Beach. The Bauers were instrumental in building the Senior Center in Central Park, and
very involved in housing issues. Mayor Delgleize thanked the Bauer Family for their many, many
contributions to improvi ng Huntington Beach through the years .
ADJOURNMENT -8 :38 PM in memory of former Huntington Beach Mayor Ralph Bauer, to the ne xt
regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Tuesday ,
August 2 , 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 Cle~off~~ Council
of the City of Huntington Beach and Secretary of
the Public Financing Authority of the City of
Huntington Beac h, California