HomeMy WebLinkAbout2022-12-20Minutes
City Council/Public Financing Authority Regular Meeting
and Special Meeting of the Housing Authority, Parking Authority,
and Successor Agency to the former Redevelopment Agency
City of Huntington Beach
Tuesday, December 20, 2022
4 :30 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 4:30 PM and 6:00 PM portions of this meeting
is on file in the Office of the City Clerk, and archived at
www.surfcity-hb.org/government/agendas/
4:30 PM -COUNCIL CHAMBERS
CALLED TO ORDER -4:30PM
ROLL CALL
Present:
Absent:
Kalmick, Moser, Van Der Mark , Strickland , McKeon, Bolton, and Burns
None
City Clerk Robin Estanislau was granted permission to be absent pursuant to City Charter Section 310 (a).
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS PERTAINING TO CLOSED SESSION
ITEMS (Received After Agenda Distribution) -None
PUBLIC COMMENTS (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. org/governmentlagendas.
Galen Pickett was called to speak and noted his interest in Councilmember Item #29 regarding a report
on Homelessness , Anti-Camping and Anti-Loitering Laws , and specifically seeing former Police Chief
Handy's 90-day plan on how HBPD will enforce the City and State's anti -camping and anti-loitering laws .
(00 :01 :08)
CLOSED SESSION ANNOUNCEMENT(S)
1. 22-1101 Mayor Strickland announced: Pursuant to Government Code§ 54957.6, the City
Council takes this opportunity to publicly introduce and identify designated labor
negotiators, Al Zelinka, City Manager and Peter Brown Chief Negotiator; also in
attendance: Brittany Mello, Administrative Services Director, Travis Hopkins,
Assistant City Manager; Eric Parra, Chief of Police; and Dahle Bulosan, Chief
Financial Officer, who will be participating in today's Closed Session discussions
Council/PFA Regular Minutes
Housing/Parking Authorities and Successor Agency Special Minutes
December 20, 2022, Page 2 of 26
regarding labor negotiations with: Huntington Beach Police Officers' Association
(HBPOA).
A motion was made by Kalmick, second Van Der Mark, to recess to Closed Session .
RECESSED TO CLOSED SESSION -4 :35PM
CLOSED SESSION
2. 22-1097 CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION. (Paragraph (1) of
subdivision (d) of Section 54956.9). Name of case: Chodzko (Tara) v. City of
Huntington Beach; OCSC Case No.: 30-2021 -01237196.
3. 22-1098 CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION. (Paragraph (1) of
subdivision (d) of Section 54956.9). Name of case: Babaie (Masoud) and Hervin-
Babaie (Negin) v. City of Huntington Beach; Case No. 30-2020-01159653.
4. 22-1099 CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION. (Paragraph (1) of
subdivision (d) of Section 54956.9). Name of case: Whitaker (Brittany) v. City of
Huntington Beach, et al.; OCSC Case No.: 30-2021 -01235807.
5. 22-1100 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency
designated representatives: Al Zelinka, City Manager, Travis Hopkins, Assistant
City Manager, and Peter Brown, Chief Negotiator; also in attendance: Brittany
Mello, Administrative Services Director; Travis Hopkins, Assistant City Manager;
Eric Parra, Chief of Police; and Dahle Bulosan, Chief Financial Officer. Employee
Organization: Police Officers' Association (POA).
6. 22-1102 CONFERENCE WITH LEGAL COUNSEL -LITIGATION (Gov. Code section
54956.9(d)(4).): Number of Cases, one (1)-Oil Spill.
7. 22-1103 CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION. (Paragraph (1) of
subdivision (d) of Section 54956.9). Name of case: Pacific Airshow, LLC v. City of
Huntington Beach and Kim Carr; OCSC Case No. 30-2022-01287749.
6:00 PM -COUNCIL CHAMBERS
RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING, AND CALLED TO
ORDER SPECIAL MEETING OF THE HOUSING AUTHORITY, PARKING AUTHORITY AND
SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF HUNTINGTON BEACH
-6:02PM
ROLL CALL
Present:
Absent:
Kalmick , Moser, Van Der Mark, Strickland, McKeon , Bolton , and Burns
None
City Clerk Robin Estanislau was granted permission to be absent pursuant to City Charter Section 31 O (a).
Council/PFA Regular Minutes
Housing/Parking Authorities and Successor Agency Special Minutes
December 20 , 2022, Page 3 of 26
PLEDGE OF ALLEGIANCE -Led by Councilmember McKeon
INVOCATION
In permitting a nonsectarian invocation, the City does not intend to proselytize or advance any faith or
belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation .
8. 22-1115 Charles Niederman of Temple Beth David in Westminster and member of the
Greater Huntington Beach Interfaith Council
Due to technical issues at the December 6, 2022 meeting, the musical tribute Proud to be an American
by Lee Greenwood was replayed .
CLOSED SESSION REPORT BY CITY ATTORNEY-None
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:
Council Committee Appointment Announcements
#9 (22-1041) Three (3) email communications received regarding Mayor Strickland's 2023 Council
Liaison List.
Consent Calendar
#11 (22-1113) Two (2) email communications received regarding modifying the City Attorney Salary
Schedule .
Administrative Items
#25 (22-1090) Inter-Departmental Communication submitted by Brittany Mello, Administrative Services
Director, providing clarification on the fiscal impact of adding one new director-level
position in the City .
Revised PowerPoint Presentation titled Administrative Services Department
Reorganiz ation submitted by Brittany Mello, Administrative Services Director.
Councilmember Items
#26 (22-1092) Letter from the American C ivil Liberties Union Foundation I First Amendment Coalition
regarding the anonymous reporting of code enforcement complaints .
Letter received from Orange County Employees Association (OCEA) and Huntington
Beach Municipal Employees Organization regarding the anonymous reporting of code
enforcement complaints .
Eight (8) email communications received regarding the anonymous reporting of code
enforcement complaints .
#27 (22-1093) Four (4) email communications received regarding proposed raising of campaign
contribution limits .
Council/PFA Regular Minutes
Housing/Parking Authorities and Successor Agency Special Minutes
December 20, 2022, Page 4 of 26
#28 (22-1105) Two (2) email communications received regarding the request to perform a CEQA review
for the Great Pacific Air Show.
#29 (22-1094) Three (3) email communications received regarding report on Homelessness, Anti-
Camping and Anti-Loitering Laws.
#30 (22-1108) Draft Greenhouse Gas Reduction Program (GGRP) submitted by Councilmember
Kalmick.
Thirteen (13) email commun ications received regarding withdrawal from the OCPA.
#31 (22-1110) Email communication received regarding the request to pause the Main Street
Redevelopment Project.
#32 (22-1095) Email communication received regarding request for HBPD Crime Statistics and
Enhanced Public Safety Enforcement Activities.
#33 (22-1096) State Auditor RHNA Fact Sheet submitted by Councilmember Kalmick .
State Auditor RHNA March 2022 Report submitted by Councilmember Kalmick .
Letter received from YIMBY Law regarding opposing RHNA Mandate and adopting an
Ordinance to Ban Builder's Remedy Developments.
Three (3) email commun ications received regarding opposing RHNA Mandate and
adopting an Ordinance to Ban Builder's Remedy Developments .
#34 (22-1109) Memo, including legal documents, submitted by Council member Kalf11ick regarding his
relationship to Craig Steele.
Two (2) email communications received regarding the request for information and actions
related to the RWG report.
PUBLIC COMMENTS (3 Minute Time Limit) -36 In-Person and 5 Call-In Speakers
The number [hh :mm:ss] following the speakers ' comments indicates their approximate starting time in
the archived video located at http://www.surfcity-hb .org/governmentlagendas.
Connie Boardman, Former Mayor and Councilmember, was called to speak and shared her concerns
and opposition to Councilmember Items #27 regarding Mayor Strickland's request to amend the
Huntington Beach Municipal Code to raise Campaign Contribution Limits, and #28 regarding Mayor
Strickland's request to perform a CEQA review for the Great Pacific Air Show. (00 :31 :32)
Art Estrada, a member of the Huntington Beach Mobile Home Residents Coalition, was called to speak
and shared his concerns regarding Mayor Strickland's City Council Liaison appointments to the Mobile
Home Advisory Board. Mr. Estrada asked that new liaisons be appointed who are not conflicted and
could provide fairness. (00 :34:45)
Council/PFA Regular Minutes
Housing/Parking Authorities and Successor Agency Special Minutes
December 20, 2022, Page 5 of 26
Linda Rose, a 45-year homeowner, was called to speak and stated her interest in learning more about
the newest members of the Homeless Task Force . She commended the Be Well OC staff, as well as the
Police Department staff who support the Point in Time count. (00:36:58)
Nabila Yousef was called to speak and congratulated the newly elected Councilmembers . She stated
her support for Councilmember Items #26 regarding Mayor Strickland's Proposed Ordinance to Establish
a Code Enforcement Complaint Process regarding Alleged Business Violations and Prohibits the
Submission of Anonymous Complaints . She stated her opposition to Councilmember Items #27
regarding Mayor Strickland's request to amend the Huntington Beach Municipal Code to raise Campaign
Contribution Limits. (00:38:33)
Mary Jo Baretich , Cabrillo Beachfront Village Mobile Home Park HOA President, member of the
Huntington Beach Mobile Home Residents Coalition , and member of the Mobile Home Advisory Board,
was called to speak and stated her concerns about Councilmember Items #27 regarding Mayor
Strickland's request to amend the Huntington Beach Municipal Code to raise Campaign Contribution
Limits . (00:41 :46)
Amory Hanson was called to speak and stated his support for Councilmember Items #33 (1 .) regarding
Councilmember McKeon's request to challenge the State's RHNA mandate for Huntington Beach,
including its validity and any laws in support of such a mandate over the City as a Charter City, by taking
whatever legal action is required . He further stated his support for creating a Section 8 Housing Voucher
Program to create affordable housing using the existing homes and apartments in Huntington Beach,
without having to build new housing units . (00 :44:02)
Danielle Parks , speaking on behalf of Carol Rohr, President of the Huntington Beach Mobile Home
Residents Coalition, was called to speak and noted that the two newly appointed Mobile Home Advisory
Board Council Liaisons raise major conflict of interest issues . She noted the Executive Director and
Political Action Committee Principal of a major industry group already sit on the Huntington Beach Mobile
Home Advisory Board . Ms. Parks asked that new liaisons be appointed who could provide fair and
unbiased representation for the mobile home community and the local government. (00 :45:42)
Russell Neal, a resident of Huntington Beach, was called to speak and stated his support for
Councilmember Items #27 regarding Mayor Strickland's request to amend the Huntington Beach
Municipal Code to raise Campaign Contribution Limits . He also stated his support for any efforts to
recover the right to local control over local matters . (00 :47:58)
KC Fockler, Surfrider Foundation Member, was called to speak and welcomed the newly elected
Councilmembers, and invited everyone to participate in the January 1, 2023, 23rd Annual Surf City
Splash. (00:50:09)
Laura Sire , a 60-year resident of Huntington Beach , and member of Homeless United Huntington Beach ,
was called to speak and stated her opposition to Item #9 to approve Mayor Strickland's 2023 Council
Liaison List with a majority of appointments going to newly elected Councilmembers . She asked that at
least one experienced Councilmember be appointed as Liaison to the Homeless Task Force . (00 :52 :39)
Jaclyn Rabbitt-Sire, a 23-year resident of Huntington Beach, was called to speak and stated her
opposition to Councilmember Items #30 submitted by Mayor Pro Tern Van Der Mark and Councilmember
McKean requesting to switch the City's OCPA Energy Rate to Basic Choice and recommendation to
withdraw as a Founding Member of OCPA. (00:56 :50)
Council/PFA Regular Minutes
Housing/Parking Authorities and Successor Agency Special Minutes
December 20, 2022 , Page 6 of 26
Christopher Waring, whose family has owned property in Surf City Beach Cottages Home Park for 57
years, was called to speak and shared his experience with increasing space rental costs as a senior
citizen living on a fixed income . (01 :00 :08)
Wendy Rincon, a life-long resident of Huntington Beach , was called to speak and shared her concerns
regarding Item #9 to approve Mayor Strickland's 2023 Council Liaison List and her support for the
comments of Ms . Sire that the appointments are not evenly balanced between experienced and newly
elected Councilmembers. Ms. Rincon also stated her opposition to Councilmember Items #26 submitted
by Mayor Strickland to prohibit the submission of Anonymous Complaints, and #27 submitted by Mayor
Strickland to amend the Huntington Beach Mun icipal Code to raise Campaign Contribution Limits .
(01:02:21)
Bethany Webb, a 40-year resident of Huntington Beach, was called to speak and shared her opposition
to Item #9 to approve Mayor Strickland's 2023 Council Liaison List which would remove experienced
Council members by inexperienced , newly elected Councilmembers. She also stated her opposition to
Consent Calendar Item #11 to adopt Resolution No . 2022-82, modifying non-associated salary schedu le
for City Attorney to adjust for recent inflation. (01 :05:17)
Cari Swan was called to speak and stated her support for Councilmember Items #26 submitted by Mayor
Strickland proposing an Ordinance to Establish a Code Enforcement Complaint Process Regarding
Alleged Business Violations and Prohibit the Submission of Anonymous Complaints; #27 submitted by
Mayor Strickland requesting to amend the Huntington Beach Municipal Code to raise Campaign
Contribution Limits; #28 submitted by Mayor Strickland requesting a CEQA review of the Great Pacific
Air Show; #29 submitted by Mayor Pro Tern Van Der Mark for a report on Homelessness, Anti-Camping
and Anti-Loitering Laws; #30 submitted by Mayor Pro Tern Van Der Mark and Councilmember McKeon
to switch the City's OCPA Energy Rate to Basic Choice and recommendation to Withdraw as a Founding
Member of OCPA; #31 submitted by Mayor Pro Tern Van Der Mark and Councilmember McKeon to
Pause the Main Street Redevelopment Project and Solicit Additional Community Feedback Prior to
Reconsidering the Project; #32 submitted by Council member Burns requesting HBPD Crime Statistics
and Enhanced Public Safety Enforcement Activities report ; #33 submitted by Councilmember McKeon
opposing RHNA Mandate and return with an Ordinance to Ban Builder's Remedy Development; and,
#34 submitted by Councilmember M cKeo n requesting Information and Actions Related to the RWG
Report. Ms . Swan also shared her observations and opinions regarding the City Council's Officer
Election Process during the December 6, 2022, City Council meeting . (01 :09 :16)
Pat Goodman, a long -time Huntington Beach homeowner and Self Help Interfaith Program volunteer,
was called to speak and stated her support for Councilmember Items #29 submitted by Mayor Pro Tern
Van Der Mark requesting a report on Homelessness, Anti -Camping and Anti -Loitering Laws. Ms .
Goodman provided a historical review of the City's efforts since 2014 to address the issue of
homelessness includi ng development of the Homeless Task Force. (01 : 12:30)
Kathy Carrick, a 47 -year resident , was called to speak and shared her support for efforts to move away
from high density development, more homelessness and more crime. She commended newly elected
Councilmembers for jumping in with both feet to move boldly forward in reaching toward the goals they
set to help return HB to the city so many residents love . (01 : 15:50)
Lisa Swanson, a 13-year homeowner in southeast Huntington Beach, was ca lled to speak and stated her
opposition to Councilmember Items #30 submitted by Mayor Pro Tern Van Der Mark and Councilmember
McKeon requesting to switch the City's OCPA Energy Rate to Basic Choice, and recommendation to
Withdraw as a Founding Member of OCPA. (01 :18:39)
Council/PFA Regular Minutes
Housing/Parking Authorities and Successor Agency Special Minutes
December 20, 2022, Page 7 of 26
Unnamed Guest, a homeowner in Huntington Beach since 1985, was called to speak and stated her
opposition to Councilmember Items #26 submitted by Mayor Strickland proposing an Ordinance to
Establish a Code Enforcement Complaint Process Regarding Alleged Business Violations and Prohibit
the Submission of Anonymous Complaints . She read portions of a letter from the ACLU of Southern
California and First Amendment Coalition addressing the serious constitutional concerns regarding an
individual's right to petition and for anonymous speech. (01 : 19:51)
Natalie Rokos was called to speak and stated her opposition to Councilmember Items #26 submitted by
Mayor Strickland proposing an Ordinance to Establish a Code Enforcement Complaint Process
Regarding Alleged Business Violations and Prohibit the Submission of Anonymous Complaints by
reading additional portions of the letter from the ACLU of Southern California and First Amendment
Coalition. (01 :22:16)
Dave Sull ivan, a resident of Huntington Beach for over 55 years, Former Councilmember and Mayor,
was called to speak and stated his support for always allowing 3 minutes for public speakers to make
their comments . He congratulated Mayor Pro Tern Van Der Mark on becoming the first female Hispanic
Huntington Beach Councilmember. (01 :25:22)
Bill Hennerty was called to speak and congratulated the newly elected Councilmembers and City
Attorney Michael Gates on his reelection . He stated his support for Councilmember Items #26 submitted
by Mayor Strickland proposing an Ordinance to Establish a Code Enforcement Complaint Process
Regarding Alleged Business Violations and prohibiting the Submission of Anonymous Complaints, and
described his personal family experience of being the recipient of anonymous complaints . He stated his
opposition to Councilmember Items #27 submitted by Mayor Strickland requesting to amend the
Huntington Beach Municipal Code to raise Campaign Contribution Limits; and his support for
Councilmember Items #30 submitted by Mayor Pro Tern Van Der Mark and Councilmember McKeon to
Recommend Withdrawing as a Founding Member of the OCPA. (01 :29:00)
Courtney Gillett, a life-long resident of Huntington Beach and Special Olympics Liaison for the
Huntington Beach Union High School District and Ocean View High School , was called to speak and
shared details on the Unified Sports program sponsored by Special Olympics. Ms . G illett invited the
community and Councilmembers to participate in the Special Olympics Golf Tournament on February 27,
2023, at the Huntington Club . They are also looking for hole and raffle item sponsors. (01 :31 :53)
Mark Dixon , a resident of Huntington for over 50 years , was called to speak and stated his opposition to
Consent Calendar Item #11 regarding Resolution No. 2022-82 modifying the Non-Associated Salary
Schedule for City Attorney to Adjust for Recent Inflation, Make Compensation More Competitive. Mr.
Dixon also stated his opposition to Councilmember Items #26 submitted by Mayor Strickland proposing
an Ordinance to Establish a Code Enforcement Complaint Process regarding Alleged Business
Violations and Prohibiting the Submission of Anonymous Complaints . (01 :34 :17)
Roger Noor was called to speak and congratulated the newly elected Councilmembers, and asked that
they not approve any budgets until they have been closely analyzed, specifically the $99M Police
Department budget and increasing utility bills for the residents . (01 :36:20)
Paul Arms was called to speak and congratulated the newly elected Councilmembers . He stated his
support for renewable energy and opposition to Councilmember Items #30 submitted by Mayor Pro Tern
Van Der Mark and Councilmember McKeon requesting to switch the City's (Organization) OCPA Energy
Rate to Basic Choice and recommendation to Withdraw as a Founding Member of the OCPA. (01 :39 :39)
Council/PFA Regular Minutes
Housing/Parking Authorities and Successor Agency Special Minutes
December 20, 2022, Page 8 of 26
Caller Lisa Martice was invited to speak and thanked Councilmembers Kalmick, Moser and Bolton , as
well as Former Councilmember Carr and Former Mayor Delgleize for their positive leadership. Ms.
Martice stated her opposition to Agenda Item #9 to approve Mayor Strickland's 2023 Council Liaison List
which in her opinion appears to have replaced too many experienced Councilmembers with newly
elected Councilmembers; opposition to Councilmember Items #26 submitted by Mayor Strickland
proposing an Ordinance to Establish a Code Enforcement Complaint Process regarding Alleged
Business Violations and Prohibits the Submission of Anonymous Complaints; and opposition to
Councilmember Items #27 submitted by Mayor Strickland requesting to amend the Huntington Beach
Municipal Code to raise Campaign Contribution Limits. (01 :42:59)
Caller Jeanne Farrens was invited to speak and stated her opposition to Councilmember Items #27
submitted by Mayor Strickland requesting to amend the Huntington Beach Municipal Code to raise
Campaign Contribution Limits . (01 :46:20)
Caller Scott Miller, a resident of Huntington Beach for over 50 years and practicing attorney , was called
to speak and stated his opposition to Consent Calendar Item #11 to adopt Resolution No . 2022-82
Modifying Non-Associated Salary Schedule for City Attorney to Adjust for Recent Inflation, and make
Compensation More Competitive. (01 :49:16)
Caller Cooper was invited to speak and stated support for the comments already made by members of
the Huntington Beach Mobile Home Residents Coalition regarding the conflict of interest when newly
elected Councilmembers are being appointed as Liaisons to the Mobile Home Advisory Board . Cooper
stated his opposition for Councilmember Items #26 submitted by Mayor Strickland proposing an
Ordinance to Establish a Code Enforcement Compliant Process regarding Alleged Business Violations
and Prohibits the submission of Anonymous Complaints ; and opposition to Councilmember Items #27
submitted by Mayor Strickland requesting to amend the Huntington Beach Municipal Code to raise
Campaign Contribution Limits. Cooper encouraged everyone to take a look at the Huntington Beach
Monarch Nature Trail and take advantage of the volunteer opportunity provided on the first Saturday of
every month at 9 AM to help maintain the trail. (01 :52 :27)
Caller Keith Diggs, an attorney with YIMBY Law, was invited to speak and made reference to the letter
provided in opposition to Councilmember Items #33 submitted by Councilmember McKeon opposing
RHNA Mandate and requesting an Ordinance to Ban Builder's Remedy Developments. Attorney Diggs
shared his opinion that a ban on builder's remedy development will open up the City to losing lawsuits.
(01 :54:32)
COUNCIL COMMITTEE APPOINTMENT ANNOUNCEMENTS
Councilmember Burns announced the following appointments: Peter Rivas, Public Works Commission ;
Jeanne Paris, Citizen Participation Advisory Board ; Lolly McHardy, Community & Library Services
Commission ; Bill Hamilton, Finance Commission; Doug Misterly, Investment Advisory Board; and Donn
Strock, Planning Commission .
Councilmember McKeon announced the following appointments : Daren MacDonald , Public Works
Commission; Don Kennedy, Citizen Participation Advisory Board; Ceason Baker, Community & Library
Services Commission; Frank Lo Grasso, Finance Commission ; Martha Morrow, Investment Advisory
Board ; and Tracy Pellman, Planning Commission.
Council/PFA Regular Minutes
Housing/Parking Authorities and Successor Agency Special Minutes
December 20, 2022, Page 9 of 26
Mayor Pro Tern Van Der Mark announced the following appointments: Mark Ellett, Investment Advisory
Board; Austin Edsell , Community and Library Services Commission; Kelly Gates, Finance Commission;
Edward 'Butch ' Twining, Planning Comm is sion; Michael Hoskinson, Citizen Participation Advisory Board ;
and James Michalski, Public Works Commission .
Mayor Strickland announced the following appointments : Rick Wood, Planning Commission; David
Cicerone, Finance Commission ; Michelle Schuetz, Community and Library Services Commission; Pano
Frousiakis, CIAB/Public Works Commission ; and Mike Massie , Citizen Participation Advisory Board.
9. 22 -1041 Approved Mayor Strickland's 2023 Council Liaison List
Councilmember Bolton noted that serving Boards and Commissions is a huge time commitment, and
stated that what is presented will mean that Councilmembers will miss a lot of meetings, and she doesn't
think that would be providing good service.
Councilmember Kalmick stated his support for Councilmember Bolton's comments, and requested that
reports from Boards and Commissions be added back to the Agenda so that the community remains
informed.
Mayor Strickland responded that the Councilmember reports for the public citizen boards , commissions
and task force meetings will be presented in written form and included in the Minutes to keep the Council
meetings moving along.
Councilmember Kalmick noted that Former Councilmember Posey needs to be removed from the list as
Liaison for Orange County Vector Control since he is no longer a Councilmember, and the Orange
County Power Authority (OCPA) Liaison position needs to be corrected from a four (4) to two (2) year
term .
Councilmember Moser stated her support for Councilmember Bolton's comments, and noted that being
involved at the board, commissions and task force level is a great opportunity to connect with the great
volunteers also serving the community . She added that there will be a lot of institutional knowledge lost
by approving the proposed Council Liaison List, and stated her disappointment in Mayor Strickland's
decision on this matter. Councilmember Moser further noted that the Personnel Commission Liaison is a
two-year term , and asked if she could serve the remainder of her term . City Attorney Michael Gates
confirmed that City Council has the authority to change terms through a vote .
A substitute motion was made by Kalmick, second Moser to add back in to the Agenda a limited amount
of time for Liaison reports.
The motion failed by the following vote :
AYES : Kalmick, Moser, and Bolton
NOES: Van Der Mark, Strickland, McKean , and Burns
A motion was made by Burns, second McKean to , as recommended by the City Council, Public
Financing Authority, Housing Authority, Parking Authority , and Successor Agency: Approve the 2023
Council Liaison List that includes appointments to citizen boards, commissions , committees, and task
forces as presented by Mayor Strickland . (The City Clerk certifies that FPPC Form 806 "Agency Report
of Public Official Appointments" which is used to report additional compensation that officials receive
when appointing themselves to positions on committees, boards or commissions of a public agency,
Council/PFA Regular Minutes
Housing/Parking Authorities and Successor Agency Special Minutes
December 20, 2022 , Page 1 O of 26
specia l district and joint powers agency or authority was posted to the City's website according to law
prior to this vote .)
The motion carried by the following vote :
AYES:
NOES:
Van Der Mark , Strickland, McKeon, and Burns
Kalmick , Moser, and Bolton
AB 1234 REPORTING -None
OPENNESS IN NEGOTIATION DISCLOSURES -None
CITY MANAGER'S REPORT
10. 22-694 Welcome to New OneHB Team Members
Assistant City Manager Travis Hopkins announced the Executive Team welcomed 16 new employees in
the past week who will be providing service in the following Departments : Community & Library Services ,
Finance , Police, Public Works, and the City Manager's Office .
Assistant City Manager Hopkins also announced that Administrative Services Director Brittany Mello and
Chief Financial Officer Dahle Bulosan are departing the City for other job opportunities.
CONSENT CALENDAR
Councilmember Bolton pulled Item #11 ; Councilmember Burns pulled Items #13, #19, #20 , and #22 , for
further dis cussion.
Office of City Attorney
11. 22-1113 Adopted Resolution No. 2022-82 Modifying Non-Associated Salary Schedule for
City Attorney to Adjust for Recent Inflation, Make Compensation More Competitive
City Attorney Michael Gates read the Staff Report which was prepared by Chief Assistant City Attorney
Mike Vigliotta in order to inform the public regarding this item .
Councilmember Bolton pulled this item to state she cannot support this item in the absence of a
compensation study.
Counci l member Ka lmick and Chief Financial Officer Bulosan discussed details of the fully encumbered
cost , and Councilmember Kalmick stated he does not have enough information to support this item .
Mayor Strickland stated he did a review of the compensation for other California elected city attorneys
and acknowledging that City Attorney Michael Gates has not had any increase since 2019 where all
other City staff have received compensation increases, he supports this item .
A motion was made by Strickland, second Van Der Mark to Adopt Resolution No . 2022-82, "A Resolutio n
of the City Council of the City of Huntington Beach Mod ifying Salary and Certain Benefits of the Elected
City Attorney."
Council/PFA Regular Minutes
Housing/Parking Authorit ies and Successor Agency Special Minutes
December 20, 2022 , Page 11 of 26
The motion carried by the following vote :
AYES :
NOES:
Van Der Mark, Strickland , McKeon , and Burns
Kalmick, Moser, and Bolton
Office of City Clerk
12. 22-989 Approved and Adopted Minutes
A motion was made by Strickland , second Kalmick to approve and adopt the City Council/Public
Financing Authority regular meeting minutes of November 15 , 2022 and the special meeting minutes of
November 29, 2022 .
The motion carried by the following vote :
A YES : Kalmick, Moser, Van Der Mark, Strickland , McKeon, Bolton , and Burns
NOES: None
13. 22-241 Amended to NOT reaffirm 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
Councilmember Burns pulled this item to state his opinion that COVID-19 is not a state of emergency.
Councilmember Kalmick noted that this item allows the City's board s and commissions to safely conduct
meetings remotely , and added that currently the State plans to end the state of emergency at the end of
February.
Councilmember Moser shared that if there was not a proclaimed state of emergency, it would not be
possible for her to attend this meeting via Zoom.
A motion was made by Moser, second Kalmi c k 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 failed by the following vote:
AYES : Kalmick, Moser, and Bolton
NOES: Van Der Mark, Strickland , McKeon , and Burns
An amended motion was made by Burns, second Van Der Mark to NOT 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 Safe ly in Person ."
The amended motion carried by the following vote:
AYES :
NOES:
Van Der Mark, Strickland, McKeon , and Burns
Kalmick, Moser, and Bolton
Council/PFA Regular Minutes
Housing/Parking Authorities and Successor Agency Special Minutes
December 20, 2022 , Page 12 of 26
14. 22-1040 Received and filed the Maddy Act Local Appointments List -2023 (terms on City
boards, commissions, and committees that expire in 2023) informing the public of
openings and vacancies based on 2023 expiration of current members' terms
A motion was made by Strickland, second Kalmick to receive and file the Maddy Act Local Appointments
List -2023 showing vacancies that will occur on City boards, commissions, and committees in the year
2023, and direct the City Clerk to post the list at official posting locations (Civic Center, Huntington
Central Library, and Main Street Library). Copies of the Maddy Act Local Appointments List -2023 will
also be posted at all branch libraries and on the City's website.
The motion carried by the following vote:
AYES :
NOES:
Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns
None
Administrative Services Department
15. 22-1017 Adopted Resolution No. 2022-81 modifying the pay schedule for part-time, non-
permanent, and non-classified employees to comport with the State minimum wage
increase effective January 1, 2023
A motion was made by Strickland, second Kalmick to adopt Resolution No . 2022-81, "A Resolution of the
City Council of the City of Huntington Beach Approving the Pay Schedule for Part-Time Non-Permanent
and Non-Classified Employees Effective January 1, 2023," and authorize the City Manager to take all
administrative and budgetary actions necessary to implement the revised pay schedule.
The motion carried by the following vote :
AYES :
NOES:
Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton , and Burns
None
Community Development Department
16. 22-755 Approved Final Tract Map No. 19136, accepted bonds, and authorized execution of
a Subdivision Agreement for the Gisler Residential subdivision by Lennar Homes of
California, LLC at 21141 Strathmoor Lane
A motion was made by Strickland, second Kalmick to approve Final Tract Map No. 19136 and accept the
offer of dedications pursuant to findings and requirements (Attachment No . 1 ); and, approve and
authorize the Mayor and City Clerk to execute the Subdivision Agreement by and between the City of
Huntington Beach and Lennar Homes of California, LLC (Attachment No. 6); and, accept Faithful
Performance Bond Nos . US00121914SU22A and US00121915SU22A, Labor and Material Bond Nos.
US00121914SU22A and US00121915SU22A, and Monument Bond No. US00121913SU22A as sureties
(Attachment No. 7) for the installation of the subdivision's required public improvements and survey
monumentation and Gisler Park improvements; and , instruct the City Clerk to file the respective bonds
with the C ity Treasurer and notify the Surety, XL Specialty Insurance Company, of this action .
The motion carried by the following vote :
AYES :
NOES:
Council/PFA Regular Minutes
Housing/Parking Authorities and Successor Agency Special Minutes
December 20, 2022, Page 13 of 26
Kalmick, Moser, Van Der Mark, Strickland , McKeon, Bolton, and Burns
None
17. 22-1031 Approved Final Tract Map No. 18079, accepted Bonds, and authorized execution of
a Subdivision Agreement for the Georgia Townhomes Subdivision by Hilltop
Townhomes LLC at 910 Georgia Street
A motion was made by Strickland, second Kalmick to approve Final Tract Map No. 18079 and accept the
offer of easement pursuant to findings and requirements (Attachment No . 1); and, approve and authorize
the Mayor and City Clerk to exe cute the Subdivision Agreement by and between the City of Huntington
Beach and Hilltop Townhomes LLC (Attachment No . 6); and , accept Faithful Performance Bond No .
4459427 , Labor and Material Bond No. 4459427, and Monument Bond No. 4459428 as sureties
(Attachment No . 7) for the installation of the subd ivision's required public improvements and survey
monumentation ; and , instruct the City Clerk to file the respective bonds with the City Treasurer and notify
the Markel Insurance Company of this action.
The motion carried by the following vote:
AYES :
NOES :
Kalmick, Moser, Van Der Mark, Strickland , Mc Keon, Bolton , and Burns
None
18. 22-1037 Approved Final Tract Map No. 19157, accepted bonds, and authorized execution of
a Subdivision Agreement for the Olson Town homes subdivision by Olson Urban V-
Huntington Beach 4, LLC at 8371 to 8461 Talbert Avenue
A motion was made by Strickland , second Kalmick to approve Final Tract Map No . 19157 and accept the
offer of easement pursuant to findings and requirements (Attachment No. 1); and , approve and authorize
the Mayor and City Clerk to execute the Subdivision Agreement by and between the City of Huntington
Beach and Olson Urban V-Huntington Beach 4 , LLC (Attachment No. 6); and, accept Faithful
Performance Bond No. PB03010409024, Labor and Material Bond No . PB03010409024, and Monument
Bond No. PB03010409039 as sureties (Attachment No . 7) for the installation of the subdivision's required
public improvements and survey monumentation ; and , instruct the City Clerk to file the respective bonds
with the City Treasurer and notify the Surety, Philadelphia Indemnity Insurance Company, of this action .
The motion ca rried by the following vote:
AYES : Kalmick, Moser, Van Der Mark, Strickland, McKeon , Bolton, and Burns
NOES: None
19. 22-1119 TABLED to a date uncertain item authorizing the Executive Director to Sign a Letter
of Support for a Jamboree Housing Corporation application for grant funds from
the California Departments of Health Care Services and Social Services through the
Behavior Health Continuum Infrastructure and the Community Care Expansion
Programs
Councilmember Moser explained her understanding this is a time sensitive item requiring completed
paperwork by the end of December or early January.
Assistant City Manager Hopkins confirmed that the application letter is due by January 17th, 2023 , and
grant funds are limited and availa ble only as long as funds are available.
Council/PFA Regular Minutes
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December 20, 2022, Page 14 of 26
Councilmember Burns shared his opinion that if the deadline is before the end of the day on January
17th, it should have been addressed much earlier by the previous Council , and he still wants to Table
this item to a lign with his campaign promises .
Counci lm ember Moser stated her understanding that the four newly elected Councilmembers
campaigned on addressing homelessness, and she believes this item definitely will support their
campaign promises. She further noted that the City's financial contribution to improving homelessness is
limited by the contract regarding the Emergency Navigation Center that exists today, and that additional
funding resources will come from regional and State funding , and this item is asking for those resources .
Councilmember Moser added that in the future the Council would have the option to approve changes.
She stated her belief that a ll Councilmembers are interested in decisions that will make important
impacts on homelessness and not just make "band-aide" decisions , and shared her opinion that money
may be left on the table if this item is not approved tonight.
Council member McKeon stated this is a critical issue for residents, and shared his opinion that if this item
is approved , there will no longer be a Navigation Center, the ability to enforce anti-camping laws will be
eliminated, and he supports tabling this item for more time to completely understand the issue.
Councilmember Kalmick stated this is a non-binding letter, but rather it is a letter of support for
Jamboree. The Council will have the option down the road to refuse Jamboree's proposal. He a lso
explained that the Navigation Center was purchased and built with special funding and must be turned
into permanent housing at some point. It a lready has a finite life. The Healing Center will actually solve
a lot of the homeless issues .
Councilmember Moser stated for clarification that if a permanent shelter is built , it wi ll not close down the
Navigation Center nor remove the ability to enforce anti-camping laws .
Councilmember McKeon responded by describing a conversation at a recent Healing Center meeting to
document the source of his previous comment, and stated he needs more time for a fair analysis .
Mayor Pro Tern Vander Mark stated she also attended the recent Healing Center meeting and noted
there are a lot of unanswered questions . She added in her opinion it would be irresponsible to approve
this item without those questions answered .
Councilmember Moser reiterated that there is nothing binding in this item , and approving this item only
supports Jamboree's efforts to acquire government funding . She also stated that there are many
questions yet to be answered for this complicated subject , and shared her opinion that it would be
irresponsible to not support Jamboree Housing 's time -sensitive application for grant funds and take the
risk of leaving funding on the table .
Councilmember Burns shared his opinion there is never free money without strings attached , and if th is
item is so t ime sensitive it should have already been addressed by the previous Council.
A motion was made by Moser, second Kalmick to authorize and direct the Executive Director to sign
letters of support (Attachments 1 and 2) to support the grant application the California Departments of
Health Care Services and Social Services through the Behavior Health Continuum Infrastructure and the
Community Care Ex pansion Programs .
The motion failed by the following vote :
AYES :
NOES :
Council/PFA Regular Minutes
Housing/Parking Authorities and Successor Agency Special Minutes
December 20, 2022, Page 15 of 26
Kalmick , Moser, and Bolton
Van Der Mark, Strickland, McKeon, and Burns
An amended motion was made by Burns, second McKeon to TABLE to a date uncertain authorizing
and directing the Executive Director to sign letters of support (Attachments 1 and 2) to support the grant
application the California Departments of Health Care Services and Social Services through the Behavior
Health Continuum Infrastructure and the Community Care Expansion Programs.
The amended motion carried by the following vote:
AYES :
NOES:
Kalmick , Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns
None
Finance Department
20 . 22-1063 Adopted Resolution No. 2022-80 accepting and approving the Development Impact
Fee (DIF) Report for Fiscal Year 2021-22 and to make findings as required by
Government Code Sections 66006 and 66001
Councilmember Burns pulled this item noting the report was over 400 pages and the 4 or 5 days of time
was not enough to really understand the implications without due diligence, and he asked Chief Financial
Officer Dahle Bulosan to explain the report.
Chief Financial Officer Dahle Bulosan presented a PowerPoint communication titled Development Impact
Fees, with slides entitled Financial Summary Report, and DIF Expenditures.
Assistant City Manager Hopkins clarified for the Councilmembers that this report is just a summary of
Development Impact Fees collected and spent during the last year. He confirmed that approving this
item is not obligating any funds, and any future expenditures will be presented for Council approval.
Councilmember Burns asked if there is any action that can be taken if this item is approved by Council.
Chief Financial Officer Bulosan confirmed this is strictly a report for the 2021/2022 fiscal year, and noted
it takes operational time to close the books and complete the audit necessary for this report.
Councilmember Burns stated if approval only affirms the report was completed, and does not have any
empowering functions, he can support this item .
A motion was made by Burns , second Van Der Mark to accept and approve the Development Impact
Fee Report for Fiscal Year Ending June 30, 2022 and Adopt Resolution No . 2022-80 , "A Resolution of
the City Council of the City of Huntington Beach to Accept and Approve the Development Impact Fee
Report for Fiscal Year Ending June 30, 2022 and to Make the Findings as Required by Government
Code Sections 66006(b) and 66001 (d)."
The motion carried by the following vote:
AYES :
NOES:
Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns
None
Fire Department
Council/PFA Regular Minutes
Housing/Parking Authorities and Successor Agency Special Minutes
December 20 , 2022, Page 16 of 26
21. 22-930 Adopted Resolution No. 2022-79 approving the Local Hazard Mitigation Plan
enabling the City to be eligible for pre-or post-disaster hazard mitigation funds
from the Federal Emergency Management Agency (FEMA)
A motion was made by Strickland , second Kalmick to adopt Resolution No. 2022-79 , "A Resolution of the
City Council of the City of Huntington Beach Approving the Updated Huntington Beach Local Hazard
Mitigation Plan ."
The motion carried by the following vote :
AYES :
NOES:
Kalmick , Moser, Van Der Mark, Strickland , McKean , Bolton, and Burns
None
22. 22-1027 Approved an appropriation of $867 ,000 for the California Department of Health Care
Services (DHCS) Public Provider Ground Emergency Medical Transport
Intergovernmental Transfer Program (PP-GEMT IGT) for FY 2022/23
Councilmember Burns pulled this item to request clarification and explanation .
Fire Chief Haberle explained the City manages its own ambulance company and processes appropriate
bills through Medicare and MediCal providers . The previous billing program was Ground Emergency
Transport (GEMT) which allowed for an additional $220 per Medicare/MediCal transport . The GEMT
sunsets at the end of the year, and new billing program will provide an additional $946 per
Medicare/MediCal transport which has the potential for a net revenue increase of $700 ,000 to $800,000
per year. Chief Haberle explained this is an inter-agency transfer of funds process whereby the
Department gets reimbursed by going first through the State, which sends it on to the Feds, and then the
reimbursement funds come to Huntington Beach.
Mayor Strickland added this process is required by State and Federal regulations and nothing can be
done about it at the mun icipal level.
A motion was made by Burns, second McKean to approve an appropriation of $867,000 for the PP-
GEMT IGT Program for FY 2022/23.
The motion carried by the following vote :
AYES:
NOES :
Kalmick, Moser, Van Der Mark, Strickland, McKean, Bolton , and Burns
None
Public Works Department
23. 22-1044 Accepted the lowest responsive and responsible bid and authorized execution of a
construction contract with Stance Construction Company in the amount of
$585,014.50 for the Residential Curb Ramp Project, CC-1700
A motion was made by Strickland, second Kalmick to accept the lowest responsive and responsible bid
submitted by Stance Construction Company in the amount of $585 ,014.50; and authorize the Mayor and
City Clerk to execute a construction contract in a form approved by the City Attorney .
The motion carried by the following vote:
AYES :
NOES :
24. 22-1048
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December 20 , 2022, Page 17 of 26
Kalmick, Moser, Van Der Mark, Strickland , McKeon, Bolton , and Burns
None
Accepted the lowest responsive and responsible bid, authorized execution of a
construction contract with Modern General Contractor Inc. in the amount of
$397,000.00 for the Police Department Traffic and Homeless Task Force Office
Renovation, CC-1678, and authorized change orders
A motion was made by Strick land , second Kalmick to accept the lowest responsive and responsible bid
submitted Modern General Contractor Inc. in the amount of $397,000.00, and authorize the Director of
Public Works to execute change orders not to exceed 20% of the contract costs, or $79,000.00.
The motion carried by the following vote :
AYES :
NOES:
Kalmick, Moser, Van Der Mark, Strickland , McKeon , Bolton , and Burns
None
ADMINISTRATIVE ITEMS
25. 22-1090 Approved the Reorganization of the Administrative Services Department into the
Human Resources Department and Information Services Department, and Adopted
Resolution No. 2022-83 Amending the City's Classification Plan to Delete the
Director of Administrative Services and Add the Positions of Director of Human
Resources and the Chief Information Officer, as amended to defund other positions
to ensure a zero net budget
Director of Administrative Services Brittany Mello presented a PowerPoint communication titled
Administrative Service s Departme nt Reorganization ; with slides entitled Background (2); Proposed
Reorga nization; Sta ff Recommendation (2); and Ques tions.
Councilmember Burns confirmed there were no other added director positions during this time .
Councilmember McKeon confirmed there are other positions that could be defunded to provide funds for
this addition to ensure a zero sum .
Kalmick confirmed that Library and Community Services departments were also combined two years ago
resulting in eliminating a total of two department head positions . He stated that having a Chief
Inform ation Officer is crucial considering all City Departments are served by the Information Services
Department, including Fire and Police .
A motion was made by McKeon, second Strickland to approve the reorganization of the Administrative
Services Department into separate Human Resources and Information Services Departments, authorize
one additional full -time equivalent position and appropriate $138 , 140 in the Fiscal Year 22/23 budget, and
authorize the City Manager to take all administrative and budgetary actions necessary to implement the
reorganization, adopt Resolution No. 2022-83 , "A Resolution of the City Council of the City of Huntington
Beach Amending the City's Classification Plan by Deleting the Director of Administrative Services and
Adding the Job Classifications of Director of Human Resources and Chief Information Officer and
Establishing Compensation ." as amended to defund other positions to ensure a zero net budget.
Council/PFA Regular Minutes
Housing/Parking Authorities and Successor Agency Special Minutes
December 20, 2022 , Pag e 18 of 26
The amended motion carried by the following vote :
AYES :
NOES :
Kalmick, Moser, Van Der Mark, Strickland , McKeon, Bolton , and Burns
None
COUNCILMEMBER ITEMS
26. 22-1092 Approved item submitted by Mayor Strickland -Proposed Ordinance to Establish
a Code Enforcement Complaint Process Regarding Alleged Business Violations
and Prohibits the Submission of Anonymous Complaints
Mayor Strickland introduced this item to address an issue brought to his attention by business owners
across the City . He further stated that people should stand up to their accusation of egregious violations
and move away from small business harassment.
Councilmember McKeon clarified that this proposed action relates to code enforcement complaints for
businesses in commercial zones only , and does not apply to businesses in residential neighborhoods .
He also stated staff will be directed to come up with a lternate option(s) to present complaints in person at
City Hall.
Mayor Pro Tern Van Der Mark shared her opinion that Code Enforcement staff have been weaponized
by anonymous complaints against businesses and this must be stopped .
Councilmember Bolton shared if there is a need to address issues of bogus business complaints , it
needs to be resolved in a legally and constitutionally defensible manner.
Mayor Strickland responded that he worked closely with City Attorney Michael Gates to ensure this item
is legal and constitutional.
City Attorney Gates noted that he had read the letter which was received against this item , and stated
there were no statutes or cases that stood for the claim that Huntington Beach could not do this .
Councilmember Moser noted that it is not appropriate that business owners feel weaponized against, and
she feels this item may discourage people from calling out hazardous or unsafe conditions which does
not benefit the greater community. In support of her recommendation , she read part of the letter
received from the ACLU which described the "appropriate response is to instruct Code Officers to
evaluate whether complaints have sufficient indicia of liability to justify initiating an investigation" and to
ensure there is no intent to invade the constitutional rights of anyone making an anonymous complaint.
A motion was made by Strickland, second McKeon to request the City Attorney to return to City Council
with a proposed ordinance that bans anonymous complaints by individuals to Code Enforcement about
alleged business violations . The Ordinance should provide that Code Enforcement is welcome to
continue to take in complaints from the public about businesses , but that in order to do so , strict new
reporting requ irements must be adhered to . Any and all complaints by individuals must occur in person
at City Hall , which will include a new and updated intake form be completed with all identifying
information of the complain ing party. The intake of the complaint shall include a copy of the individual's
driver's license or other form of ID with a full name , address, and photo of the individual. If a City worker,
including a member of Code Enforcement is lodging the complaint, then he/she identifies him/herself
likewise.
Council/PFA Regular Minutes
Housing/Parking Authorities and Successor Agency Special Minutes
December 20, 2022, Page 19 of 26
The motion carried by the following vote :
AYES:
NOES :
Van Der Mark , Strickland , McKeon, and Burns
Kalmick, Moser, and Bolton
27. 22-1093 Approved item submitted by Mayor Strickland -Request to amend the Huntington
Beach Municipal Code to raise Campaign Contribution Limits
Mayor Strickland introduced this item by explaining the current limits make it really hard to finance a
campaign , and stated his intention is to empower candidates with the donations going directly to them .
He also noted that State law precludes a successful candidate from voting on an item for which they
received more than a $250 donation, and he believes this item will provide more candidate
accountability.
Councilmember Bolton clarified with Mayor Strickland that the item raises campaign contribution limits ,
but does not eliminate contributions from independent (outside) sources. Mayor Strickland shared his
opinion that this item will result in less negative campaigning .
Councilmember Kalmick reminded his fellow Councilmembers that on October 18, 2022 , Council asked
staff to return in Q1 prepared to discuss campaign reform , including campaign financing limits . He stated
he does not disagree that limits are low, but would like to see more details presented in context before
voting on the issue, especially since any future candidates will probably not immediately start fundraising
efforts .
Mayor Strickland clarified this item would track State Senate/Assembly limits, including COLA
adjustments every couple of years .
Mayor Pro Tern Van Der Mark stated the intent of this item is to give the candidate financing control and
not put them in a position of having to rely upon independent expenditures .
Councilmember Moser stated her support for Councilmember Kalmick's comments. She added that she
believes increasing campaign contribution limits will not empower the average resident and help them to
feel they are an integral part of the political process.
Councilmember McKeon clarified his perspective that increasing campaign contribution limits will allow
for greater candidate free speech and self-control , and would remove the power of special interests .
A motion was made by Strickland , second McKeon to direct the City Attorney to return at the next City
Council Meeting with an amendment to the City's municipal code to raise the contribution limit to match
or track that of the limits for California's Senate/Assembly candidates .
The motion carried by the following vote :
AYES :
NOES:
Van Der Mark, Strickland , McKeon , and Burns
Kalmick, Moser, and Bolton
28. 22-1105 Approved item submitted by Mayor Strickland -Request to perform a CEQA
review for the Great Pacific Air Show
Council/PFA Regular Minutes
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December 20, 2022 , Page 20 of 26
Mayor Strickland introduced this item and stated he hopes to make the Great Pacific Air Show a long -
time Huntington Beach event.
Councilmember McKean shared his perspective that this is part of the City's investment for a long -time
event as Environmental Impact Reports (EIRs) are usually good for 20 years .
Councilmember Kalmick confirmed with staff that at the moment the City has not received an application
for the 2023 Air Show. He shared his concerns about approving an item with no indication of the cost, as
well as possibly violating Charter Section 307 by also directing Chief Assistant City Attorney Mike
Vigliotta, rather than just the City Manager. Councilmember Kalmick also stated his opinion that
approving this item could set a dangerous precedent for any other special event vendor who may request
the City provide their Environmental Impact Report (EIR).
City Attorney Michael Gates responded that it is not unreasonable for Council to direct a staff member
who has required expertise.
Mayor Strickland stated he would do this for any other event that brings in $105M to the local economy.
A motion was made by Strickland, second Van Der Mark to request the City Manager to return to City
Council at the f irst regular City Council Meeting in January 2023 with a specific and actionable
recommendation for undertaking an adequate CEQA review of the Air Show. Chief Assistant City
Attorney, Mike Vigliotta's experience in environmental legal review will provide the leadership to retain
the consultant necessary to complete the environmental review.
The motion carried by the following vote :
AYES :
NOES:
Van Der Mark, Strickland , McKeon , and Burns
Kalmick, Moser, and Bolton
29. 22-1094 Approved item submitted by Mayor Pro Tern Van Der Mark-Request Report on
Homelessness, Anti -Camping and Anti -Loitering Laws
Mayor Pro Tern Van Der Mark introduced this item by describing some of the results to resident quality of
life and public safety issues as the homeless population has increased since 2019 . She noted that after
the 2020 election, the new City Council altered the plan of action to address these issues and as a result
Former Police Chief Handy's 90 -day plan to address how the HBPD would enforce the City's and State's
anti-camping and anti-loitering laws was never implemented. Mayor Pro Tern Van Der Mark also noted
the Navigation Center for the most part is unused , and the City's public and business spaces are still
occupied by homeless encampment and loitering . She described explicit and specific unacceptable
situations that are continuing to occur as a result.
Councilmember Moser stated her support for regular reporting and transparency, and shared her opinion
that the City is doing a much better job of addressing these issues than it used to . She recommended
there also be efforts to consider reporting on ways to prevent homelessness , and to include the new
State Care and Homeless Courts . Councilmember Moser noted that Former police Chief Handy's 90-
day plan was not attached to this agenda item and asked how that plan can be reviewed so that an
informed decision can be made by Councilmembers .
Police Chief Parra confirmed that Former Chief Handy had some email notes with bullet points he had
organized for Former City Manager Oliver Chi to consider how the homeless could be educated
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December 20 , 2022, Page 21 of 26
regarding the rul es regarding no-camping laws and use of the Navigation Center when it became
available . Chief Parra confirmed he has never seen any specific detailed 90-day plan addressing this
issue , and confirmed that since he has been on staff the Police Department has been enforcing the laws.
A substitute motion was made by Moser, second Kalmick to direct the City Manager and the Police Chief
to return on January 17, 2023 to present the following : 1. A full report and accounting identifying all of the
City's resources, including recently hired/appointed City personnel , County programs present in the City,
and facilities like the Navigation Center, that have been employed or deployed to combat homelessness;
and 2 . A full report and accounting of the Navigation Center's use since it opened in December 2020,
including the number of beds occupied over time (utilizing monthly data), where the clients/patrons are
from (have they been Huntington Beach homeless or have they been brought in by the County or other
cit ies), and average length of how long individuals stay and where they go once released (e.g ., back on
the streets, County facilities, or back home); and TABLE to a date unknown 3. A proposal that
incorporates former Police Chief Handy's 90-day plan on how HBPD will enforce the City's and
State's anti-camping and anti-loitering laws to get the City's public spaces free from the
mentioned encampments, loitering, and their related health and safety concerns; and 4. A request
for the Police Chief to give quarterly updates at City Council on enforcement of anti-camping and anti-
loitering.
The substitute motion failed by the following vote :
AYES: Kalmick, Moser, and Bolton
NOES : Van Der Mark, Strickland, McKeon , and Burns
A motion was made by Van Der Mark, second McKeon to direct the City Manager and the Police Chief to
return on January 17 , 2023 to present the following : 1. A full report and accounting identifying all of the
City's resources, including recently hired/appointed City personnel, County programs present in the City,
and facilities like the Navigation Center, that have been employed or deployed to combat homelessness;
and, 2. A full report and accounting of the Navigation Center's use since it opened in December 2020,
including the number of beds occupied over time (utilizing monthly data), where the clients/patrons are
from (have they been Huntington Beach homeless or have they been brought in by the County or other
cities), and average length of how long individuals stay and where they go once released (e .g ., back on
the streets, County facilities, or back home); and, 3. A proposal that incorporates former Police Chief
Handy's 90 -day plan on how HBPD will enforce the City's and State's anti-camping and anti -loitering
laws to get the City's public spaces free from the mentioned encampments, loitering, and their re lated
health and safety concerns ; and, 4. A request for the Police Chief to give quarterly updates at City
Council on enforcement of anti-camping and anti-loitering.
The motion carried by the following vote:
AYES : Kalmick, Van Der Mark, Strickland, McKeon, and Burns
NOES: Moser, and Bolton
30. 22-1108 Approved Item submitted by Mayor Pro Tern Van Der Mark and Councilmember
McKeon -Request to Switch the City of Huntington Beach's (The Organization)
OCPA Energy Rate to Basic Choice and provide Recommendations to Withdraw as
a Founding Member of the OCPA
Councilmember McKeon introduced this item by stating his opinion that private sector, not the
government, should be involved in competition , and described the roles of a municipality as public safety,
Council/PFA Regular Minutes
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December 20 , 2022 , Page 2 2 of 26
in frast ructure , zon ing and being a good steward of finances . He noted it is not possible to deliver 100%
green energy , and choosing to automatic ally enroll residents at that level has the potential to impose a
substantial financial burden . He further explained that currently Southern California Edison (SC E)
provides the option for users to participate in the green energy subsidy program by purchasing 50% or
100% green energy if they want to.
Mayor Pro Tern Van Der Mark provided a brief history of previous Councilmember actions to become a
Founding Member of the Orange County Power Authority (OCPA) and selecting the 100% green energy
as the default option for the residents and the City. She shared her opinion that it is irresponsible for the
City to default to the highest cost energy service , and noted that in all other City contracts the lowest
responsive and respons ible bid is approved . Mayor Pro Tern Van Der Mark also stated that it is the City
Council's responsibility to protect the City from possible corruption and irresponsible policy .
Councilmember Kalm ick, speaking as the OCPA Liaison , noted that beginning in January the OCPA
basic rate will be at a 2 % d iscoun t, the middle rate will be $0.01/kW higher, and the top t ier rate will be
1.5% higher than SC E's rates. He further noted that SCE has stopped their 100% green energy option
probably until 2024, and pulling out of the OCPA will elim inate choices . Councilmember Kalmick asked
that the requested staff report include how the C ity wi ll meet the General Plan po licies for meeting
greenhouse gas reduction goals by 2040 , and meeting other State mandates.
Council member Kalmick confirmed with Mayor Strickland that the intent of this item is to make the Basic
Choice the default option for the City as well as for City businesses and residents , and they can choose
the higher rate option if they chose to.
Mayor Strickland noted that he had served on the Energy Committee at both the State Assembly and
Senate level and he supports renewable energy, however, 100% is not currently feasible and should not
be considered a goal in his opinion .
A motion was made by McKeon , second Van Der Mark to request the City Manage r present options at
the next City Council meeting on the City's pursuit to immediately switch the City of Huntington Beach
facil ities to OCPA's Basic Cho ice Option . We a lso request for staff to return at a study session before the
end of February 2023 to provide options, costs and paths forward to remove/withdraw the City entirely
from the Orange County Power Authority .
The motion carried by the following vote :
AYES :
NOES :
Kalmick, Moser, Van Der Mark , Strickland , McKeon, Bolton, and Burns
None
31 . 22 -1110 Approved item submitted by Mayor Pro Tern Van Der Mark and Councilmember
McKeon -Request to Pause the Main Street Redevelopment Project and Solicit
Additional Community Feedback Prior to Reconsidering the Project
Mayor Pro Tern Van Der Mark introduced this item by stating that much effort has taken place on the
Ma in Street Redevelopment plan , she believes it is important to take a pause to resume community
engagement to ensure any proposal reflects a consensus for Downtown businesses and all residents .
She furth e r expla ined that a financial feasibility study has not yet been completed for this plan .
Council/PFA Regular Minutes
Housing/Parking Authorities and Successor Agency Special Minutes
December 20 , 2022 , Page 23 of 26
Councilmember McKeon stated this is a time-sensitive plan, and the newly elected Councilmembers see
this action item as one step in fulfilling their campaign promise to take the time to speak with everybody,
and understand each position , with the goal of finding consensus for a plan that works for everyone .
Councilmember Moser acknowledged staff for their efforts to date on this project, and stated her support
for more feedback. She shared her opinion that most likely there will not be consensus , and stated her
understanding that a financial impact study has been impossible up to this point because there were still
too many moving parts, but that study will be completed at the appropriate time in the process.
A motion was made by Van Der Mark, second McKeon to request the City Manager to pause the work of
Studio One Eleven architects and re-engage the community . Return to the City Council in February
2023 to share the feedback received from the community and engage in another discussion on whether
to pursue the Main Street redesign. If direction is given to proceed , Council and staff will discuss various
options for the redesign of the first, second, and third blocks of Main Street.
The motion carried by the following vote :
AYES :
NOES:
Kalmick, Moser, Van Der Mark, Strickland, McKeon , Bolton, and Burns
None
32 . 22-1095 Approved item submitted by Councilmember Burns -Request for HBPD Crime
Statistics and Enhanced Public Safety Enforcement Activities
Councilmember Burns described the uptick in shoplifting and noted there are ways to escalate the
response to crimes whether from petty theft , burglary, resistance, or robbery.
Councilmember Moser suggested that regional comparisons be included in the reporting to provide
context as to how surrounding communities are being impacted . She shared her opinion that Huntington
Beach Police Officers are doing all they can, and noted some of the challenges are State-level laws.
Councilmember Burns stated that the main reason for this item is to show the residents what is being
done to address crime in Huntington Beach .
Councilmember McKeon stated his interest is in clarifying the current level of service and then being able
to measure and help to improve results .
A motion was made by Burns, second Kalmick to 1. Direct the City Manager to work with the Police Chief
and return on January 17 . 2023 with a report on crime statistics over the past year, particularly regarding
theft from or damage to our local businesses and home invasion burglaries throughout the City; and, 2 .
Return on January 17, 2023 with a report on what measures (without reporting/revealing tactics that
should be kept confidential) that the HBPD will take in 2023 to increase public safety and law
enforcement; and, 3 . Return quarterly with crime statistics and include explanations of the HBPD's
increased efforts to fight crime ; and, 4. Direct the City Attorney to return on January 17, 2023 with any
recommendations to increase prosecutorial support of the HBPD, if any.
The motion carried by the following vote:
AYES:
NOES :
Kalmick , Moser, Van Der Mark, Strickland , McKeon, Bolton, and Burns
None
Council/PFA Regular Minutes
Housing/Parking Authorities and Successor Agency Special Minut es
December 20, 20 22, Page 24 of 26
33. 22-1096 Approved item submitted by Councilmember McKeon -Oppose RHNA Mandate
and Adopt an Ordinance to Ban Builder's Remedy Developments
Councilmember McKeon introduced this item stating his opinion t hat the effort to challenge the State 's
Regional Housing Needs Assessment (RHNA) should have been exercised from the beg inning because
the mandates violate local control by a Charter city . He added that if there is in fact a housing crisis, it
needs to be proven and adjudicated by the California Department of Housing and Community
Development (HCD) and Southern California Association of Government (SCAG).
Mayor Strickland confirmed the res idents want to fight to protect and preserve this suburban coastal
community , and Councilmember Burns stated that the State overreach cannot be tolerated .
Councilmembe r Kalmick asked for clarification and more detail for this vague recommended acti on . City
Attorney Michael Gates replied he would return to Council in Closed Session with a specific proposa l
based on recent research which points to a more compell ing and robust case .
Councilmember Kalm ick as ked how Councilmembers can pass an ord inance tha t is in direct opposition
to State law, and suggested that a resolution may be a more appropriate action . City Attorney Michael
Gates e x plained that the way the City's z oning code is written, builder's remedy is already illegal , and
noted a new ordinan ce will just make it very clear that the City will not tolerate this. Councilmember
Kalmic k asked for reference to the specific zoning code and City Attorney Michael Gates said he did not
have that information available, but to ex pect it in the follow-up action .
Council member Moser asked staff what the c urrent vacancy rate is for Huntington Beach , and
Community Deve lopment Director Luna-Reynosa stated she will find out and report back later.
Mayor Strickland asked that D irector Luna-Reynosa also include how many jobs have left the State , as
well as Census numbers.
A motion was made by McKeon , second Strickland to authorize the City Attorney to : 1. Challenge the
State's RHNA mandate for Hunti ngton Beach , including its valid ity and any laws in support of such a
mandate over the Ci t y as a Charter City, by taking whatever legal action is required ; and 2. Return to City
Council at the City Attorney's earliest conven ience with an ordinance banning "Bui lder's Remedy"
developments from taking place in Huntington Beach . Development without proper approvals is already
not legal in the City , but this Ordinance is essential to make it clear to the entire community that
Huntington Beach will fight any developer that seeks to develop pursuant to "Builder's Remedy" laws.
The motion carried by the following vote:
AYES :
NOES :
Van Der Mark, Strickland , McKeon , and Burns
Kalmick, Moser, and Bolton
34. 22 -1109 Approved item submitted by Councilmember McKeon -Request for Information
and Actions Related to the RWG Report
Councilmember McKeon introduced th is item by noting t hat the November ballot City Charter items were
a result of the RWG Report, and were defeated by a landsl ide. The City Charter clearly states that the
City A ttorney is designated by the people . The Council can hire outside attorneys , but they must be
under the purview of the City Attorney's Office. He provided a brief background of previous Council
Council/PFA Regular Minutes
Housing/Parking Authorities and Successor Agency Special Minutes
December 20, 2022 , Page 25 of 26
actions related to this matter, and clarified that the City Clerk, rather than the City Manager, is being
asked to remove the RWG Report from the City's website.
Councilmember Bolton clarified this item relates to the waiver of attorney-client confidentiality privileges
by the present Council pertaining to items that were considered by a previous Council, and absent any
advice from a competent and independent lawyer regarding an investigation that involves the City
Attorney or City Attorney's Office, she cannot support this item .
An amended motion was made by McKeon, second Burns to 1. City Council vote tonight to waive the
attorney-client and Closed Session confidentiality privileges for the 10 Closed Session Meetings on the
Moore v . City, Gates lawsuit for the sole purposes of allowing Mr. Gates to give his side of the story -to
return to City Council with a public presentation on what was discussed and decided (by Councilmember
votes) in those 10 Closed Sessions, and 2 . City Council to vote tonight to waive the claimed attorney-
client and any other confidentiality privilege on any and all communications between Councilmembers
and Craig Steele and his attorneys regarding this "investigation," and 3. Direct the City Manager to work
with IS to preserve all emails/texts/commun ications between City Council Members and Craig Steele and
Richards Watson Gershon (RWG) and between former City Manager Oliver Chi and RWG, and 4. City
Council to vote tonight to waive the claimed attorney-client and any other confidentiality privilege on any
and all RWG invoices for the work they have done on this "investigation" (going back to 2020) and to
have those invoices, all of them, sent by the Finance Director and City Manager to Mr. Gates for review
to make determinations as to the propriety of the work by RWG and to see if a new investigation should
be undertaken to analyze the propriety of RWG's investigation of Mr. Gates in the first place , and the
propriety of the taxpayer dollars spent on the Steel "investigation," and 5. Direct the City MaAa~ Clerk
to remove the RWG report from the City's website -so that there are no links and no availability on the
City's website whatsoever. If any member of the public wants a copy , they can send a request to the
City Attorney's office to produce public records under the CPRA, and 6. Direct Mr. Gates, after review of
the aforementioned communications and invoices , to return to City Council with recommendations if any
further action could be taken to correct the actions of RWG and the City Council retainer of RWG and the
spending of taxpayer moneys on such an "investigation" behind closed doors and away from the public
visibility and accountability.
The amended motion carried by the following vote:
AYES:
NOES :
Van Der Mark, Strickland, McKeon , and Burns
Kalmick, Moser, and Bolton
A motion was made by Burns, second McKeon to ADJOURN at 9:37 PM to the next regularly scheduled
meeting of the Huntington Beach City Council/Public Financing Authority on Tuesday, January 3, 2023,
in the Civic Center Council Chambers, 2000 Main Street, Huntington Beach , California.
INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA AND
STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT
http://www.huntingtonbeachca.gov
ATTEST:
City Clerk-Secretary
Council/PFA Regular Minutes
Housing/Parking Authorities and Successor Agency Special Minutes
6f(~c~~e26of26
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
Mayor-Chair