HomeMy WebLinkAbout2023-03-07Minutes
City Council/Public Financing Authority
City of Huntington Beach
Tuesday, March 7, 2023
4:00 PM -Council Chambers
6:00 PM -Council Chambers
Civic Center, 2000 Main Street
Huntington Beach, California 92648
A video recording of the 4:00 PM and 6:00 PM portions of this meeting
is on file in the Office of the City Clerk, and archived at
www.surfcity-hb.org/government/agendas/
4:00 PM -COUNCIL CHAMBERS
CALLED TO ORDER -4:00 PM
ROLL CALL
Present:
Absent:
Kalmick, Moser, Van Der Mark, Strickland, McKean, Bolton, and Burns
None
CITY COUNCILMEMBER COMMENTS (3-Minute Time Limit)
Councilmember Bolton reported attending : the Soroptimist Scholarship Awards Ceremony to
acknowledge young mothers who completed their education in spite of challenging circumstances , and
she also attended a meeting of the Council on Aging (COA), and shared her thoughts about extending
charity to people in need, and how policy decisions matter.
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS PERTAINING TO STUDY AND
CLOSED SESSION ITEMS (Received After Agenda Distribution) -None
PUBLIC COMMENTS (3-Minute Time Limit) -2 Speakers
The number [hh :mm:ss] following the speakers' comments indicates their approx imate starting time in
the archived video located at http://www.surfcity-hb.org/governmentlagendas.
Shirley Dettloff, a Homeless United advocate , was called to speak and shared support for Study Session
Item #2 regarding a comprehensive review of homeless services in Huntington Beach. (00:03:50)
Michael Shepard, Housing Advocacy Program Manager, Orange County United Way, was called to
speak and shared opinions on the staff report from United Way's perspective . He also offered United
Way's assistance in support for Study Session Item #2 regarding a comprehensive rev iew of homeless
services in Huntington Beach . (00 :04 :54)
STUDY SESSION
City Council/PFA Regular Minutes
March 7, 2023
Page 2 of 19
1. 23-201 Joint Study Session of the Citizen Participation Advisory Board (CPAB) and City
Council held to review Community Development Block Grant (CDBG) and HOME
Investment Partnerships (HOME) Program recommendations
CPAB ROLL CALL:
Present:
Absent:
Vice Chair Hoskinson, Secretary Paris;
Board Members Hammel, Inouye, and Jackson
Chair Massie, and Board Member Lachman
Charles Kovac, Housing Manager, presented a PowerPoint communication titled Joint Study Session of
the City Council and Citizen Participation Advisory Board, with slides entitled: Background; Public
Participation; CDBG Objectives; CDBG Local Priority Objectives; CDBG Allocations; HOME Program
Objectives; HOME Local Priority Objectives; HOME Allocations; 2023-24 Funding Levels; Schedule;
CDBG Public Services; CDBG Administration; CDBG Capital & Housing Preservation Projects; HOME
Allocations; and Questions.
Citizen Participation Advisory Board (CPAB) Vice Chair Hoskinson thanked all of the charities for doing
good work, and noted the CPAB will focus on trying to secure additional sources of funding because
there are so many good organizations seeking funds.
Councilmember McKeon accepted Housing Manager Kovac's offer for a briefing to discuss projects and
funding options in more detail before the Public Hearing scheduled for April 18, 2023.
Councilmember Moser acknowledged South County Outreach for providing assistance for people with
food insecurity, and noted that three organizations support under-housed youth in the community.
2. 23-202 Presentation I Comprehensive Review of Homeless Services in Huntington Beach
Lt. Brian Smith of the Huntington Beach Police Department presented a PowerPoint communication titled
Comprehensive Review of Homeless Services in Huntington Beach with slides entitled: Timeline of
Significant Events Influencing the City's Approach to Engaging Homelessness; Individuals Experiencing
Homelessness Population Data (2); Orange County Central Service Planning Area; Impact on our
Community-Cost of Homelessness in OC; Available Services; Funding Sources for Huntington Beach
Programs; City's Homeless Ta s k Force; HB Homeless Taskforce Outreach Flow Chart; Police
Department -Homeless Response Data; Police Department -Homeless Task Force; Homelessness and
B ehavioral Health Services ; Homeless Task Force -City Employee Staffing; Be Well HB Mobile Crisis
Response Program (2); Huntington Beach Navigation Center; Huntington Beach Navigation Center
Operation By Numbers (2); County of Orange Initiative : HB Oasis Project Home Key Site; City's Total
Annual Cost to Address Homelessness & GF Cost Per Resident; What does success look like? (2); and
HB Homeless Solutions & Navigation Center/ Homeless Reso urces.
Councilmember McKeon clarified the Point in Time Count numbers between 2019 and 2022, and shared
his opinion that no one living in the Navigation Center should be categorized as no longer homeless.
Therefore, from his perspective, the reduction in homeless individuals is actually 5 % (five percent), not
35% (35 percent) as many are stating, adding that the focus should be on getting people out of the
Navigation Center and processed to County-provided services.
City Council/PFA Regular Minutes
March 7 , 2023
Page 3 of 19
Councilmember McKean and Lt. Smith discussed the contract with Mercy House and noted the intention
is to move individuals through the system, and out of the Navigation Center, within 90 days; however, the
clock can be restarted for an additional 90 days if progress is being made.
Councilmember Kalmick confirmed with Lt. Smith the number of sheltered individuals from 2019 and
2022 is a "net" number and fluctuates day-to-day as people fall into or out of homelessness. There is
no "name" data to be able to confirm if individuals counted in 2019 remain, or return to a state of
homelessness in 2022.
Councilmember McKean clarified with Lt. Smith the services provided by Huntington Beach that are
duplicated, or should be performed by the County. Lt. Smith noted any duplication is to improve quality
control and response time.
Councilmember Moser clarified that Be Well HB services may overlap County services, but there i s an
obvious need for both efforts. Lt. Smith noted that focused local care and long-term follow-up is
improved by utilizing Be Well HB.
Councilmember McKean asked that the funding sources for Huntingtin Beach programs be made
available on the City's website, including details regarding the expiring stimulus funds .
Council member Moser asked for a detail of funding resources that could be at risk without a certified
Housing Element. She also noted the need for better data management systems and analysis, as well
as access to County Homeless Management Information System (HMIS) data.
Councilmember McKean noted the recent resignation of Justin Austin, Director of Homelessness and
Behavioral Health Services and Navigation Center Manager Misty Ashby, and thanked Lt. Smith for
stepping up to the plate to ensure continuation of Homeless Services in Huntington Beach. Lt. Smith
stated he would be working with the City Manager's Office and City Council to determine future staffing
considerations.
Councilmember Moser stated her support for a high level of leadership and thanked Director Austin for
his outstanding service to Huntington Beach, and appreciation for his knowledge of County resources
and connections. She noted for the record that he left his position with Huntington Beach because of
another opportunity.
RECESSED TO CLOSED SESSION -5:30 PM
A motion was made by McKean, second by Van Der Mark, to recess to Closed Session.
CLOSED SESSION
3. 23-200 CONFERENCE WITH LEGAL COUNSEL-LITIGATION (Gov. Code section
54956.9(d)(4).): One (1) -SB9, SB10 and Accessory Dwelling Units.
4. 23 203 CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Go•,. Code section
64966.8.) Property: APN numbers 111 372 OG and 111 372 07. Agency negotiator:
Al Zelinka, City Manager; Ursula Luna Reynosa, Director of Community
De'lelopment; and Sean Crumby, Director of Public 'l'lorks. Negotiating parties:
Timothy A. Fissinger, Vice President of Real Estate for Republic Services. Under
negotiation : Price and terms of payment.
City Council/PFA Regular Minutes
March 7, 2023
Page 4 of 19
5. 23-199 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6 .) Agency
designated representatives: Al Zelinka, City Manager, and Peter Brown, Chief
Negotiator; also in attendance: Jose Rodriguez, Human Resources Manager; Travis
Hopkins, Assistant City Manager; Michael E. Gates, City Attorney; Eric Parra, Chief
of Police; Sunny Han, Acting Chief Financial Officer; and, Robin Estanislau, City
Clerk. Employee Organization: Police Officers' Association (POA).
6:00 PM -COUNCIL CHAMBERS
RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING -6:39 PM
ROLL CALL
Present:
Absent:
Kalmick, Moser, Van Der Mark, Strickland, McKean, Bolton, and Burns
None
PLEDGE OF ALLEGIANCE -Led by Councilmember Moser
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 .
6. 23-168 Chaplain Roger Wing with the Huntington Beach Police Department
CLOSED SESSION REPORT BY CITY ATTORNEY
City Attorney Michael Gates reported no action was taken on Closed Session Item No. 4 regarding
Conference with Real Property Negotiators; for Closed Session Item No. 3, a unanimous roll call vote of
Council directed not to challenge SB 10 (Accessory Dwelling Units) and AB 68 at this time; and, Council
provided unanimous consent for the City Attorney to research joining the City of Redondo Beach's State
challenge of SB9.
Mayor Strickland explained his recusal from participating in Consent Item No. 12 at the February 21 ,
2023, City Council meeting (Bonanni Development at 19070 Holly Lane), by stating he lives within 1,000
feet of the proposed development.
CITY ATTORNEY'S REPORT
7. 23-214 City Attorney Report Provided --Update on Lawsuit City of Huntington Beach v.
State of California, Department of Finance
City Attorney Michael Gates reported that last week the Superior Court issued a final ruling in favor of the
City of Huntington Beach for the City of Huntington Beach v . State of California , Department of Finance,
court case 34-2018-80002876 . The lawsuit against the State sought reimbursement of previous
redevelopment loans , namely, the Waterfront Loan in the amount of $22.4M , plus interest, for a total of
approximately $25M. This is in addition to the $5 .2M the City won last year in the very same case, for a
total of just over $31 M. The majority of this money will go into the General Fund. The next step is for the
City Council/PFA Regular Minutes
March 7, 2023
Page 5 of 19
City to submit for reimbursement in the next couple of months, and the funds from the State will come
from the Controller's Office to the City. The State may appeal the Superior Court decision, which would
delay the payment.
City Attorney Gates provided a brief history of the case, which was filed in 2018, and specifically thanked
Senior Deputy City Attorney Nadin Said , Acting Chief Financial Officer Sunny Han, the City Clerk's
Office, and City Council for their support during the process.
Councilmember McKean congratulated City Attorney Gates for being willing to fight on behalf of the
Huntington Beach taxpayers.
Councilmember Kalmick reiterated that the State is expected to appeal this decision, and shared his
opinion it is not appropriate to begin spending this money until it is actually received.
Mayor Strickland also congratulated City Attorney Gates and noted how fortunate Huntington Beach is to
have an elected City Attorney. He noted that most other California cities have to hire outside legal
counsel for any lawsuits, which can make any legal issue very expensive.
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution)
Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced supplemental
communications that were received by her office following distribution of the Council Agenda packet:
Consent Calendar
#10 (23-190) Memo received from Robin Estanislau, City Clerk regarding correct version of Ordinance
No . 4280.
#12 (23-192) Letter received from Kenady Osborne, chairperson of the Huntington Beach Youth Board
regarding the adoption of Ordinance No. 4283 relating to government flags on City
property.
Letter received from Tony Hoang, Executive Director of Equality California regarding the
adoption of Ordinance No. 4283 relating to government flags on City property.
Letter received from Stephanie Camacho-Van Dyke, Director of Advocacy and Education
at the LGBTQ Center OC regarding the adoption of Ordinance No. 4283 relating to
governmental flags on City property.
Two hundred seventy-eight (278) email communications received regarding the adoption
of Ordinance No . 4283 relating to government flags on City property.
#13 (23-193) Two (2) email communications received regarding adoption of Ordinance No . 4284
relating to public conduct within City-owned public parking structures.
#14 (23-194) Email communication received regarding adoption of Ordinance No. 4273 relating to the
use of tents and other uses within City parks.
Administrative Items
#17 (23-187) Ten (10) email communications regarding community feedback for Main Street
Redevelopment.
Councilmember Items
City Council/PFA Regular Minutes
March 7 , 2023
Page 6 of 19
#18 (23-227) Six (6) email communications received regarding continuation of processing SB9 and
ADU applications.
PUBLIC COMMENTS (3-Minute Time Limit) -59 Speakers
The number [hh :mm:ss] following the speakers' comme nts indicates their approx imate starting time in
the archived video located at http://www.surfcity-hb.org/governmentlagendas.
Shirley Dettloff, one of the original authors of the 1996 Huntington Beach Human Dignity Statement, was
called to speak and stated opposition to Consent Calendar Item #12 , regarding adoption of Ordinance
No. 4283 relating to government flags on City property; and opposition to Public Hearing Item #16,
regarding Builder's Remedy Ordinance No . 4285. (02:30:01)
Diane Bentley, a 22-year resident of Huntington Beach and Homeless United of Huntington Beach
Advocate , was called to speak and stated support for continuation of City programs to assist unhoused
residents. She also stated support for the need to qui ckly submit the City's Housing Element to the State
for certification. (02 :32:31)
Unnamed Guest, Homeless United Huntington Beach Advocate, was called to speak and stated her
support for continuation of City programs to assist unhoused residents. (02:35:38)
Gigi Jackson, a Huntington Beach homeowner and Homeless United Huntington Beach Advocate, was
called to speak and stated opposition to Consent Calendar Item #13 regarding Ordinance No. 4284
relating to public conduct within City-owned public parking structures, and Item #14 regarding Ordinance
No. 4273 relating to the use of tents and other uses w ithin City parks . (02:37:29)
David Drakeford, NAACP of Orange County President, was called to speak and shared first-hand
experiences of dealing with human dignity incidents for area African-American students and encouraged
everyone to act in accordance with the Huntington Beach Human Dign ity Statement. (02:40:32)
Kanan Durham was called to speak and stated opposition to Consent Calendar Item #1 2, regarding
adoption of Ordinance No . 4283 relating to government flags on City property. (02:44 :38)
Connie Boardman was called to speak and congratulated and thanked all staff who were instrumental in
the recent Supreme Court decision regarding return of funds related to the City of Huntington Beach
Redevelopment Agency . Ms . Boardman also stated opposition to Consent Calendar Item #12, regarding
adoption of Ordinance No . 4283 relating to government flag s on Ci ty property. (02:47:48)
Zell Vidal was called to speak and stated opposition to Consent Calendar Item #12, regarding adoption
of Ordinance No. 4283 relating to government flags on City property. (02:51 :02)
Dr. Kristy Scarlett, resident of Huntington Beach and local psychologist, was called to speak and stated
opposition to Consent Calendar Item #12, regarding adoption of Ordinance No. 4283 relating to
g overnment flags on City property. (02 :52:14)
Khloe Rios-Wyatt, Alianza Translatinx CEO , was called to speak and stated opposition to Consent
Calendar Item #12 , regarding adoption of Ordinance No. 4283 relating to government flags on City
property. (02 :55:38)
City Council/PFA Regular Minutes
March 7, 2023
Page 7 of 19
Pat Goodman was called to speak and stated support for submitting the City's Housing Element to the
State for certification. Ms. Goodman also stated opposition to Consent Calendar Item #12, regarding
adoption of Ordinance No. 4283 relating to government flags on City property. (02:59:20)
Patricia Pappas, a 43-year resident of Huntington Beach, was called to speak and thanked the newly
elected Councilmembers for making Huntington Beach safer and following through on their campaign
promises. She also expressed appreciation for the upcoming Town Hall meetings and opportunities for
dialogue regarding the issues that divide Huntington Beach residents. (03:02:03)
Delaine Bailey, a 9-year resident of Huntington Beach, was called to speak and stated support for
Consent Calendar Item #12, regarding adoption of Ordinance No. 4283 relating to government flags on
City property. (03:04: 15)
Jignesh Padhiar was called to speak and stated support for Consent Calendar Item #12, regarding
adoption of Ordinance No. 4283 relating to government flags on City property. (03:08:35)
Andrew Einhorn was called to speak and shared his opinions related to claims that certain
Councilmembers have made racist remarks and suggested that an external ethics committee be
appointed to investigate the allegations and determine the truth. (03: 10:42)
Deb Janus, a 44-year resident of Huntington Beach, was called to speak and thanked City Attorney
Michael Gates and his staff for working so hard for Huntington Beach residents. Ms. Janus also stated
support for Consent Calendar Item #12, regarding adoption of Ordinance No. 4283 relating to
government flags on City property. Ms. Janus asked Councilmember Moser to resign because her social
media statements do not represent all Huntington Beach residents. (03: 13:07)
Lisa Marquise was called to speak and stated opposition to Consent Calendar Item #12, regarding
adoption of Ordinance No. 4283 relating to government flags on City property. (03:15:38)
Unnamed Guest was called to speak and stated support for Consent Calendar Item #12, regarding
adoption of Ordinance No. 4283 relating to government flags on City property. (03:18:33)
Erin Arendse, Program Director for Equality California, was called to speak and stated opposition to
Consent Calendar Item #12, regarding adoption of Ordinance No. 4283 relating to government flags on
City property. (03:20:30)
Sylvia Calhoun, a 41-year resident of Huntington Beach, was called to speak and stated support for
Consent Calendar Item #12, regarding adoption of Ordinance No. 4283 relating to government flags on
City property. (03:24:15)
Gretchen Dawson, a resident of Huntington Beach, was called to speak and stated opposition to
Consent Calendar Item #12 , regarding adoption of Ordinance No. 4283 relating to government flags on
City property. (03:27:29)
Peg Corley, Executive Director, Orange County LGBTQ Center, was called to speak and stated
opposition to Consent Calendar Item #12, regarding adoption of Ordinance No . 4283 relating to
government flags on City property. Executive Director Corely asked that the Huntington Beach rainbow
flag be handed over to the Orange County LGBTQ Center for safe keeping until the day that this
ordinance is reversed. (03:29:06)
C ity Council/PFA Regular Minutes
March 7, 2023
Page 8 of 19
Sunitha Menon , Managing Director of Operations, Equality California, was called to speak and stated
opposition to Consent Calendar Item #12, regarding adoption of Ordinance No. 4283 relating to
government flags on City property. (03:33:06)
Hector Kalmickiel Diaz, a resident of Santa Ana, was called to speak and stated Councilmembers have
the opportunity to support or oppose Consent Calendar Item #12, regarding adoption of Ordinance No .
4283 relating to government flags on City property. Mr. Diaz asked that Councilmembers choose to help
the LGBTQ community thrive. (03:36:11)
Jeanne Farrens was called to speak and shared her opinion that Huntington Beach is one community
with many different segments that should not be treated differently nor discriminated against. Ms.
Farrens listed a number of progressive local civic groups she believes are being treated differently or
being discriminated against by the newly elected Councilmembers, and noted she will not stay silent
about her concerns. (03:37:35)
Bethany Webb, a 44-year resident of Huntington Beach, was called to speak and stated her admiration
for Councilmember Moser. Ms. Webb read parts of an editorial from the 0. C. Register to support her
opinions related to recent Councilmember actions regarding housing development, and potential for
soaring legal costs. (03:40:34)
Cathey Ryder, a resident of Huntington Beach since 1985, was called to speak and shared her concerns
regarding Consent Calendar Item #13 regarding Ordinance No. 4284 relating to public conduct within
City-owned public parking structures; Item #14 regarding Ordinance No. 4273 relating to the use of tents
and other uses within City parks; and stated support for Councilmember Items #18 recommendation to
continue processing SB9 and ADU applications to avoid conflict with State law. (03:43:44)
Amory Hanson was called to speak and stated his support for Administrative Items #17 (A) regarding
community feedback for the Main Street redevelopment project to receive and file the feedback received ,
and his support for a redevelopment plan that keeps Main Street open. (03:46:29)
Kathey Haas, nearly 50-year resident of Huntington Beach, was called to speak and stated support for
Consent Calendar Item #12 , regarding adoption of Ordinance No. 4283 relating to government flags on
City property. (03:47:56)
Angela Salinardi, a 42-year resident of Huntington Beach, was called to speak and stated support for
Consent Calendar Item #12, regarding adoption of Ordinance No. 4283 relating to government flags on
City property. (03:50 :33)
Megan Inman , a resident of Huntington Beach, was called to speak and stated opposition to Consent
Calendar Item #12, regarding adoption of Ordinance No. 4283 relating to government flags on City
property. (03:53:20)
Unnamed Guest was called to speak and stated support for Consent Calendar Item #12 , regarding
adoption of Ordinance No . 4283 relating to government flags on City property. (03 :56:30)
Unnamed Guest was called to speak and stated opposition to Consent Calendar Item #12, regarding
adoption of Ordinance No. 4283 relating to government flags on City property. Unnamed Guest also
stated support for Councilmember Items #18 recommendation to continue processing SB9 and ADU
applications to avoid conflict with State law. (03:58 :56)
City Council/PFA Regular Minutes
March 7, 2023
Page 9 of 19
Lisa, was called to speak and stated support for Consent Calendar Item #12, regarding adoption of
Ordinance No. 4283 relating to government flags on City property, and suggested City Council require
public speakers to provide proof of Huntington Beach residence or a business license to ensure
Councilmembers are prioritizing the comments of those who will be impacted by their decisions.
(04 :00:30)
Brooklyn Roberts was called to speak and stated opposition to Consent Calendar Item #12, regarding
adoption of Ordinance No . 4283 relating to government flags on City property. (04:02:33)
Harvey Liss, a resident of Irvine, was called to speak and stated opposition to Consent Calendar Item
#12, regarding adoption of Ordinance No. 4283 re lating to government flags on City p roperty. (04:05:49)
Meg Robinson, a resident of Huntington Beach , was called to speak and stated opposition to Consent
Calendar Item #12, regarding adoption of Ordinance No. 4283 relating to government flags on City
property. (04:09:40)
Robert Bolen was called to speak and stated his opinions related to Administrative Items #17 regarding
community feedback for the Main Street redevelopment project, and noted missing information in the
report as well as an inadequate feedback questionnaire . Mr. Bolen suggested everyone take a step
back to observe Main Street over the next couple of yea rs before mak ing any major changes. (04:12:31)
Steven Martin , former resident of Huntington Beach, and Stonewall Democratic Club Member, was called
to speak and stated opposition to Consent Calendar Item #12 , regarding adoption of Ordinance No. 4283
relating to government flags on City property. (04: 15:42)
Martha Morrow, a 31-year resident of Huntington Beach , was called to speak and st ated support for
Consent Calendar Item #12, regarding adoption of Ordinance No . 4283 relating to government f lags on
City property. (04: 19:04)
Russ Neal, a resident of Huntington Be ach, was called to speak and stated support for Consent
Calendar Item #12, regarding adoption of Ordinanc e No. 4283 relating to government flags on City
property. Mr. Neal also shared his opinions on the regular attacks of malice on Mayor Pro Tern Van Der
Mark from a Public Speaker, and stated this deplorable action should not be allowed to continue at City
Council meetings. (04:21 :45)
Cooper Corosco was called to speak and stated opposition to Con sent Calendar Item #12, regarding
adoption of Ordinance No. 4283 relating to government flags on City property. (04 :24: 15)
Valentina Bankhead , a resident of Huntington Beach, was called to speak and stated support for
Consent Calendar Item #12 , regarding adoption of Ordinance No. 4283 relating to government flags on
City property. Ms. Bankhead shared her opinions reg arding some of Councilm e mber Moser's comments
on social media that appear to target a Huntington Beach resident , demonstrate s disre spect and
Councilmember Moser's ignorance. (04 :26 :56)
Frank Rodriguez, Gays Against Groome rs , Executive Director of Operations, was called to speak and
stated support for Consent Calendar Ite m #12, regarding adoption of Ordinance No . 4283 relating to
government flags on City property. (04 :30:02)
T im Geddes , a 39-year resident of Huntington Beach , was called to speak and in recognition of Mayor
Strickland and Councilmember Burns rece ntly re ading a Dr. Seuss book to elementary sc hool children ,
City Council/PFA Regular Minutes
March 7 , 2023
Page 10 of 19
Mr. Geddes read his own "Dr. Seuss-style" comments to share his opposition to Consent Calendar Item
#12, regarding adoption of Ordinance No. 4283 relating to government flags on City property. (04 :34:15)
Doug Von Dollen was called to speak and stated support for Councilmember Items #18 recommendation
to continue processing SB9 and ADU applications to avoid conflict with State law. (04:37:05)
Ashley was called to speak and stated opposition to Consent Calendar Item #12, regarding adoption of
Ordinance No. 4283 relating to government flags on City property. (04:39:55)
Louis Galasso was called to speak and stated support for Consent Calendar Item #12, regarding
adoption of Ordinance No. 4283 relating to government flags on City property . (04:43 :05)
Carolyn Lewis, a 23-year resident of Huntington Beach, was called to speak and stated support for
Consent Calendar Item #12, regarding adoption of Ordinance No . 4283 relating to government flags on
City property. (04:45:24)
Michelle Kerns , Homeless United Advocate, was called to speak and shared her concerns about proper
housing for senior citizen residents , and stated her support for approving the Housing Element in order to
receive State certification. (04:48:34)
Gorge Washington was called to speak and shared his opinions on what he believes is far left destructive
ideology supported by the former City Council majority. (04 :51 :10)
Chris Waring , a 60-year resident of Huntington Beach currently living at Surf City Beach Cottages, was
called to speak and shared his personal experiences regarding increasing space rent costs and asked
Councilmembers to support a Rent Stabilization Ordinance for Senior citizens . (04:53 :47)
Unnamed Guest was called to speak and stated opposition to Consent Calendar Item #12, regarding
adoption of Ordinance No . 4283 relating to government flags on City property. (04 :57:38)
Katherine Peoples, a 21-year resident of Huntington Beach , and HPP Cares Executive Director, a HUD
Approved Housing Counseling Agency, was called to speak and offered HPP Cares services as an
education vehicle for addressing issues related to building Accessory Dwelling Units (ADUs), including
access to California Housing Finance Organization (CALFHA) grant funds , to create additional housing in
Huntington Beach . (05:00 :48)
Kimberly Litvak, a 33-year resident of Huntington Beach , was called to speak and stated support for
Consent Calendar Item #12, regarding adoption of Ordinance No. 4283 relating to government flags on
City property. Ms. Litvak also stated her support for the efforts of the Huntington Beach Police
Department, City Council and staff to address the issue of homelessness. (05:02 : 15)
Linh , an 11-year resident of Huntington Be ach, was called to speak and shared his ex perience in trying
to get his application for an ADU processed. Mr. Wyn asked that Huntington Beach policy either allow
for the processing of ADU applications , or put all ADU applications on hold until the lawsuit with the State
is settled , rather than denying new applications. (05 :05:2 7)
Roger Noor, was called to speak and shared his recent personal experience with the Huntington Beach
Polic e Department, and asked City Counc il to set up an independent Police Oversight Committee. Mr.
Noor stated he would be setting up individual appointments with each Councilmember. (05:07:09)
City Council/PFA Regular Minutes
March 7, 2023
Page 11 of 19
Bulmaro "Boomer" Vicente was called to speak and stated opposition to Consent Calendar Item #12 ,
regarding adoption of Ordinance No . 4283 relating to government flags on City property. (05:10:23)
Sean Drexler was called to speak and stated opposition to Consent Calendar Item #12, regarding
adoption of Ordinance No. 4283 relating to government flags on City property. (05:12:15)
COUNCIL COMMITTEE APPOINTMENT ANNOUNCEMENTS -None
AB 1234 REPORTING
Mayor Strickland and Mayor Pro Tern Van Der Mark reported attending the Association of California
Cities -Orange County (ACC-OC) Advocacy Trip to Sacramento on March 6 and 7.
OPENNESS IN NEGOTIATiON DISCLOSURES-None
CITY MANAGER'S REPORT
8. 22-697 Welcome to New OneHB Team Members
City Manager Zelinka announced that in the month of February 17 new employees joined the City's
OneHB team in four departments.
CONSENT CALENDAR
Councilmember Kalmick pulled Consent Calendar Items #10, #11 and #12 for further discussion .
Office of the City Clerk
9 . 23-156 Approved and Adopted Minutes
A motion was made by Kalmick, second Strickland to approve and adopt the City Council/Public
Financing Authority regular meeting and the Housing Authority special meeting minutes of February 21,
2023.
The motion carried by the following roll call vote:
AYES:
NOES:
Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton , and Burns
None
Office of the City Manager
10. 23-190 Adopted Ordinance No. 4280 Amending Chapter 2.109 of the Huntington Beach
Municipal Code Regarding the Finance Commission
Approved for Introduction 2/21/23, Vote: 4 -3 (Kalmick, Moser, Bolton -No)
Councilmember Kalmick pulled this item because of concerns about the language change made through
Supplemental Communication, and asked that it be tabled to the next City Council meeting .
City Council/PFA Regular Minutes
March 7, 2023
Page 12 of 19
A motion was made by Kalmick, second Bolton to table to March 21, 2023, adoption of Ordinance No .
4280, "An Ordinance of the City of Huntington Beach Amending Chapter 2.109 to the Huntington Beach
Municipal Code Regarding Finance Commission."
The motion failed by the following roll call vote:
AYES: Kalmick, Moser, and Bolton
NOES: Van Der Mark , Strickland, McKeon , and Burns
A motion was made by Strickland, second McKeon to adopt Ordinance No. 4280, "An Ordinance of the
City of Huntington Beach Amending Chapter 2.109 to the Huntington Beach Municipal Code Regarding
Finance Commission."
The motion carried by the following roll call vote:
AYES: Van Der Mark, Strickland, McKeon, and Burns
NOES: Kalmick, Moser, and Bolton
11. 23-191 Adopted Ordinance Nos. 4278, 4279, and 4281 Amending Chapters 2.111, 2.64 and
2 .100 of the Huntington Beach Municipal Code Regarding the Citizen Infrastructure
Advisory Board/Public Works Commission, the Community and Library Services
Commission, and Operating Policy for Boards and Commissions respectively
Approved for Introduction 2/21/2023 --Vote: 4--3 (Kalmick, Moser, Bolton -No)
Councilmember Kalmick pulled this item to call for a roll call vote.
A motion was made by Burns, second McKeon to adopt Ordinance No. 4278, "An Ordinance of the City
of Huntington Beach Amending Chapter 2 .111 to the Huntington Beach Municipal Code Regarding
Citizen Infrastructure Advisory Board/Public Works Commission"; and , adopt Ordinance No. 4279, "An
Ordinance of the City of Huntington Beach Amending Chapter 2.64 .040 to the Huntington Beach
Municipal Code Regarding Community and Library Services Commission"; and, adopt Ordinance No.
4281 , "An Ordinance of the City of Huntington Beach Amending Chapter 2.100 to the Huntington Beach
Municipal Code Regarding Operating Policy for Boards and Commissions."
The motion carried by the following roll call vote:
AYES: Van Der Mark, Strickland , McKeon, and Burns
NOES: Kalmick, Moser, and Bolton
12. 23-192 Adopted Ordinance No. 4283 Adding Chapter 13.07 of the Huntington Beach
Municipal Code Relating to Government Flags on City Property
Approved for Introduction 2/21/2023 --Vote: 4-3 (Kalmick, Moser, Bolton -No)
Councilmember Kalmick pulled this item to explain that he plans to ask, "How does this item increase
revenue for Huntington Beach?" for every item on agendas going forward. He noted that as he has read
email and social media comments it appears that approval of this item will most likely reduce revenue ,
and therefore he cannot support it.
Councilmember Moser stated her campaign platform was focused on creating a welcoming City for all ,
and Council decisions either show that Huntington Beach is a welcoming City, or not. Councilmember
City Council/PFA Regular Minutes
March 7 , 2023
Page 13 of 19
Moser shared hopes that democracy will get us to the space where everyone is truly welcomed , and that
she committed to keep fighting, and working together in unity, love, peace, and strength.
Councilmember Bolton noted that if Council had followed the existing Ordinance, it would have been
decided in one meeting, and shared her embarrassment by how this was been handled, and that she is
unable to support it.
Councilmember Burns stated that if two years ago the self-serving and Sacramento-serving Council
majority had done the right thing, this item would not have been necessary, and noted that any "special
interest" actions are divisive at any level of government. He also clarified that this Ordinance does not
ban any flags, anywhere, but restricts that government flags only be flown on Huntington Beach
government properties.
A motion was made by Burns, second McKean to adopt Ordinance No. 4283, "An Ordinance of the City
of Huntington Beach Amending Title 13 Public Property of the Huntington Beach Municipal Code Adding
Chapter 13.07 Relating to Government Flags on City Property."
The motion carried by the following roll call vote :
AYES :
NOES:
Van Der Mark, Strickland, McKean, and Burns
Kalmick, Moser, and Bolton
Police Department
13. 23-193 Adopted Ordinance No. 4284 Amending Municipal Code 13.52 Relating to Public
Conduct within City-Owned Public Parking Structures
Approved for Introduction as Amended 2/21/2023 --Vote: 7-0
A motion was made by Kalmick, second Strickland to adopt Ordinance No. 4284, "An Ordinance of the
City of Huntington Beach Amending Huntington Beach Municipal Code Chapter 13.52 Relating to Public
Buildings" regarding public conduct within City-owned public parking structures.
The motion carried by the following roll call vote:
AYES: Kalmick, Moser, Van Der Mark, Strickland, McKean, Bolton , and Burns
NOES: None
14. 23-194 Adopted Ordinance No. 4273 Amending Municipal Code 13.48 Relating to the Use of
Tents and Other Uses Within City Parks
Approved for Introduction as Amended 2/21/2023 --Vote: 7-0
A motion was made by Kalmick, second Strickland to adopt Ordinance 4273, "An Ordinance of the City
Council of the City of Huntington Beach Amending Title 13 of the Huntington Beach Municipal Code
Relating to Parking Lot and Camping Regulations in Public Parks, and Making a Finding of Exemption
Under CEQA" relating to the use of tents and other uses within City parks .
The motion carried by the following roll call vote:
AYES :
NOES:
Kalmick, Moser, Van Der Mark, Strickland , Mc Kean, Bolton , and Burns
None
Public Works Department
City Council/PFA Regu lar Minutes
March 7 , 2023
Page 14 of 19
15. 23-080 Approved and authorized the execution of Amendment No. 1 to Cooperative
Agreement No. C -7-1828 between Orange County Transportation Authority and
Cities of Anaheim, Fountain Valley, Fullerton, Garden Grove, Huntington Beach,
Stanton and Westminster for Magnolia Street Regional Traffic Signal
Synchronization Project
A motion was made by Kalmick, second Strickland to approve and authorize the Mayor and City Clerk to
execute "Amendment No. 1 to Cooperative Agreement No. C-7-1828 between Orange County
Transportation Authority and Cities of Anaheim , Fountain Valley, Fullerton Garden Grove, Huntington
Beach, Stanton and Westminster for Magnolia Street Regional Traffic Signal Synchronization Project."
The motion carried by the following roll call vote:
AYES:
NOES:
Kalmick, Moser, Van Der Mark, Strickland , McKean, Bolton , and Burns
None
PUBLIC HEARING
16. 23-226 Approved for Introduction Builder's Remedy Ordinance No. 4285
Mayor Strickland called for Council to disclose ex parte communications, and received none.
Mayor Strickland opened the Public Hearing .
City Clerk Estanislau announced there were no public speakers .
Pursuant to the Brown "Open Meetings" Act, City Clerk Estanislau announced supplemental
communications that were received for this item by her office following distribution of the Council Agenda
packet:
Public Hearing
#16 (23-226) Letter received from Cesar Covarrubias , Executive Director of the Kennedy Commission
regarding Builder's Remedy Ordinance No. 4285.
Letter received from David Zisser, Assistant Deputy Director, Land Use and Local
Government Relations Housing and Community Development.
Four (4) email communications received regarding Builder's Remedy Ordinance No. 4285.
Mayor Strickland closed the Public Hearing.
Councilmember McKeon reviewed recent actions and statements made by Governor Newsom and
Senator Dave Min related to this item . He noted that in 2017 Sen ate Bill 106 was passed as part of a
budget appropriation bill that carved out portions of the State to be exempt from the affordable hous ing
high-density mandates that are imposed on California cities. SB106 allowed a moratorium on affordable
housing requirements until 2028 for Marin County, where Gavin Newsom lives. With that knowledge, it
appears that affordable housing i s not really a statewide concern .
City Council/PFA Regular Minutes
March 7, 2023
Page 15 of 19
Mayor Strickland stated he finds it very ironic that the whole county where Governor Newsom lives is
currently exempt from affordable housing mandates. He also noted areas of the State where officials are
eager to push development projects but the State is saying no. He added it appears the State is being
very inconsistent regarding affordable housing mandates, and stated that Huntington Beach is ninety-five
percent (95%) built out, which only leaves the wetlands and environmentally sensitive areas, and building
up.
Mayor Strickland shared his opinion that Sacramento wants to urbanize all of California, but during his
campaign, many residents expressed the importance of maintaining the coastal community and
suburban atmosphere that exists . He added that there is a checks and balances system that provides
the courts as an avenue for those who believe the State is overstepping their boundaries against local
control. Mayor Strickland closed his comments by noting that he will do everything in his power to
prevent Governor Newsom from doing to Huntington Beach what he did as mayor to San Francisco.
Councilmember Kalmick stated he understands that the Council majority wants to sue the State, but no
one has addressed the issue of being sued by the State. He shared his opinion that approval of this item
will expose Huntington Beach to Federal housing discrimination issues as well , and requested this item
be Tabled until after the Council meeting of March 21 when the Housing Element is on the agenda . He
noted that this item becomes a moot issue once the Housing Element is approved and certified.
Councilmember Moser stated support for Councilmember Kalmick's comments and shared her opinion
that if Council is serious about passing the Housing Element, it would not proceed with a violation of
State housing law in the middle of that process.
Councilmember Bolton requested clarification for language stating "no processing or approval of any
builders remedy applications." Councilmember Bolton also questioned under what authority the
ordinance is being adopted. City Attorney Gates reviewed the Ordinance language, and stated this is an
effort to prevent a developer from sidestepping a Charter City's decades of home-rule zoning law and
building wherever the developer wants.
Councilmember Bolton stated that she cannot support this item because it is in conflict with State law,
and shared her opinion that State law must be followed until a court decision is made.
Mayor Strickland noted there are checks and balances for when higher government over-steps their
boundaries, and asked City Attorney Gates if Council is within its bounds to pass this ordinance. City
Attorney Gates explained that Charter City authority vs State authority on control of local housing
decisions is still largely unresolved , and noted this ordinance just succinctly describes the City's existing
zoning code.
Councilmember Moser and City Attorney Gates discussed that the State's Housing Accountability Act
has been in place for decades, and noted the provision allowing non-housing elements to trigger
enforcement by California Department of Housing and Community Development (HCD) is more recent.
City Attorney Gates noted currently that there are approximately 280 non-compliant cities, which
represents approximately 60 percent (60%) of the cities in California.
A motion was made by McKeon, second Burns to find that Zoning Text Amendment (ZTA) No. 23-001 is
exempt from the California Environmental Quality Act, pursuant to Section 15061 (b), the general rule that
CEQA only applies to projects which have the potential for a significant effect on the environment; and ,
approve Zoning Text Amendment No . 23-001 with findings by after the City Clerk reads by title, approve
for introduction Ordinance No. 4285, "An Ordinance of the City Council of the City of Huntington Beach
City Council/PFA Regular Minutes
March 7, 2023
Page 16 of 19
Zoning and Subdivision Ordinance Prohibiting Builders Remedy Applications (Zoning Text Amendment
No . 23-001)."
The motion carried by the following roll call vote:
AYES:
NOES :
ADMINISTRATIVE ITEMS
Van Der Mark, Strickland , McKean, and Burns
Kalmick, Moser, and Bolton
17. 23-187 Report Provided on Additional Community Feedback for the Main Street
Redevelopment Project
Kriss Casanova, Economic Development Manager, presented a PowerPoint communication titled
Additional Community Feedback for the Main Street Redevelopment Project, with slides entitled :
Background; Prior Outreach (2022); Additional Outreach (2023); Survey Respondents; Should Main
Street be Re-Envisioned?; Preferred Design; Main Street Closure; Additional Comments; Previously
Suggested Improvements & Design Ide as; Ow ner Conse nsus; Recommendation; and Questions.
A motion was made by Burns, seconded by McKean to receive and file additional stakeholder feedback
received for the Main Street Redevelopment Project.
Mayor Strickland suggested that due to t he late hour, discussion on next steps including which design
option, if any, to pursue, should be brought back at a future Council meeting.
Councilmember Moser suggested the discussion continue now, and ex pressed her concerns about
continued delays.
A substitute motion was made by McKean , seconded by Strick land, to direct staff to do further research
with the affected businesses, and provide details on such th ings as removing the planters and fountain to
prevent vagrancy, protection devices for the palm trees, more frequent tree trimming , power washing ,
lighting and signage upgrades, connectivity path to Pacific City, actual numbers regarding parking meter
loss/income, opti ons to allow room for outdoor dining while keeping Main Street ope n to vehicular traffic,
and the impacts of the new Alcohol and Beverage Control (ABC) and California Coastal Commission
(CCC) requirements which those agencies will be implementing later this year.
Councilmember Kalmick stated his interest in moving forward rather than backtracking , and added the
price per square footage for outdoor dining would offset parking revenue. He shared his opinion that the
upcoming ABC and CCC regulation changes are currently moot issu es, and confirmed with Director
Luna-Reynosa that regulation changes will be addressed through a Downtown Specific Plan amendment
when the time comes .
Councilmember Mc Kean noted using the architectural survey that was completed should provide
information needed to ascertain the physical dimensions of Main Street to determine if the sidewalk can
be flipped to the outside to allow room for outdoor patios adjacent to the re staurants wh ile keeping the
streets open to vehicles.
Coun c ilmember Kalm ick added the need to address issues for Downtown business vs resident interests
would be very important, as well as review of recurring maintenance costs for any recommended plan ,
City Council/PFA Regular Minutes
March 7, 2023
Page 17 of 19
considerations for relinquishing right-of-way, and connectivity to Pacific City. He also suggested
planning for a resident advisory item on the March 2024 ballot to determine if the voters want First
through Third Blocks of Main Street, or just Second Block, seasonally closed to vehicular traffic.
Councilmember Kalmick also suggested that high school students be involved in an unofficial survey for
input as well.
An alternative motion was made by Kalmick, second Moser to continue moving forward by returning the
item to the Main Street Ad Hoc Committee for further consideration, and planning for a resident advisory
item on the next consolidated election in March 2024 Ballot.
The alternative motion failed by the following roll call vote:
AYES: Kalmick, Moser, and Bolton
NOES: Van Der Mark, Strickland, McKean, and Burns
The substitute motion made by McKean, seconded by Strickland to receive and file additional
stakeholder feedback received for the Main Street Redevelopment Project; and, provide direction on next
steps including which design option, if any, to pursue (details documented above).
The substitute motion carried by the following roll call vote:
AYES:
NOES:
Kalmick, Moser, Van Der Mark, Strickland, McKean, and Burns
Bolton
COUNCILMEMBER ITEMS
18. 23-227 Denied Item Submitted by Councilmember Kalmick-Continue Processing SB9
and ADU Applications to Avoid Conflict with State Law
Councilmember Kalmick stated he brought this item forward in response to the letter received from the
California Department of Housing and Community Development (HCD) threatening a lawsuit in addition
to communication received from residents who are half-way through processing their ADU applications .
He added that based on the fact that earlier in this meeting Council decided to not move forward with
lawsuits on SB10 or ADU's, this item asks staff to continue processing SB9 (of which currently there are
none) and ADU applications.
A motion was made by Kalmick, seconded by Moser, to direct the City Manager to process SB9 type lot
subdivision applications and ADU applications while litigation proceeds to come back into compliance
with State law.
A substitute motion was made by McKean, seconded by Burns, to continue discussion at the March 21,
2023, Council meeting when the proposed Housing Element will be addressed. Discussion ensued .
Councilmember Kalmick stated he could not support an item that delays a process that affects
homeowners who may be paying debt fees related to their ADU applications, especially since ADU
regulations have been on the books for years.
Councilmember Bolton stated any effort to stop the ADU application process does not make any sense
to her.
City Council/PFA Regular Minutes
March 7, 2023
Page 18 of 19
Councilmember Burns stated his understanding that ADU applications in process are not being stopped,
but new applications are not being accepted. He added this is part of resisting State overreach requiring
overbuilding in single-family neighborhoods, and stated he cannot support Sacramento interfering with
local zoning law.
Mayor Strickland and Director of Community Development Ursula Luna-Reynosa discussed the ADU
application process and noted that currently there are 100 applications in the Plan Check stage. Director
Luna-Reynosa noted that new applications are being submitted daily, but are not being accepted, in spite
of the fact that these individuals have spent time and money to secure professional building plans that
must accompany the application.
Mayor Strickland confirmed staff is proceeding with all ADU applications that are in process, and waiting
to accept any new applications until further direction after review of the Housing Element.
Councilmember Moser stated that the moratorium on new ADUs affects residents who have probably
spent money but now those applications are not being accepted. She stated this is essentially a
customer service issue, and a delay of just two weeks for the continued acceptance of new applications
could potentially result in litigation or liability . Councilmember Moser shared her perspective that City
Council is overreaching by placing a moratorium on resident ADU applications.
Mayor Strickland and City Attorney Gates noted it is hard to anticipate how much of a legal risk exists
because of a two-week delay in a decision. City Attorney Gates clarified that Council provided direction
at their February 21 , 2023 meeting to not process new ADU applications. Director Luna-Reynosa noted
that most likely none of the 100 applications being processed would comply with the current Huntington
Beach Zoning Code. City Attorney Gates confirmed with Director Luna-Reynosa that a new ADU
application that does comply with the current Huntington Beach Zoning Code ordinance would be
accepted for processing.
Councilmember Bolton asked how anyone could understand the difference between applying for an ADU
under Local vs State law. Director Luna-Reynosa noted that State law supersedes any local ordinance,
and design officials are not looking at local ordinances but are designing ADUs following State law.
City Attorney Gates clarified he is only trying to present a level of precision, to show there was not a
moratorium, and he is not debating the merits of the policy direction . He added that a litigation exposure
may or may not come from someone who has an application in process if that process was stopped , and
noted that applications in the system have not been stopped, but are moving forward .
Councilmember Kalmick stated from his perspective there is a process to change local zoning code that
requires a public hearing, and noted a public hearing was not held to stop accepting new ADU
applications. Councilmember Kalmick reiterated that his item requesting Council approval to continue
processing SB9 and ADU applications would remedy the issue before them.
Discussion ensued about Councilmember McKeon's substitute motion recommending postponement of
the item.
Mayor Strickland called for a vote on Councilmember Kalmick's original motion , seconded by Moser,
directing the City Manager to process SB9 type lot subdivision applications and ADU applications while
litigation proceeds to come back into compliance with State Law. The motion failed by the following roll
call vote:
AYES:
NOES:
Kalmick, Moser, and Bolton
Van Der Mark, Strickland, McKeon, and Burns
City Council/PFA Regular Minutes
March 7, 2023
Page 19 of 19
ADJOURNMENT-at 10:59 PM a motion made by Strickland, second by Van Der Mark, to adjourn to
the next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority on
Tuesday, March 21, 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 Clfff!::off::t.: Council
of the City of Huntington Beach and Secretary of
the Public Financing Authority of the City of
Huntington Beach , California
~ i?f::J
Mayor-Chair