HomeMy WebLinkAbout2023-06-06Minutes
City Council/Public Financing Authority
City of Huntington Beach
Tuesday, June 6, 2023
2:00 PM – Council Chambers
6:00 PM – Council Chambers
Civic Center, 2000 Main Street
Huntington Beach, California 92648
A video recording of the 2:00 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/
2:00 PM — COUNCIL CHAMBERS
CALLED TO ORDER — 2:02 PM
ROLL CALL
Present: Kalmick, Moser, Van Der Mark, Strickland (arrived at 2:15 PM), McKeon, Bolton, and
Burns
Absent: None
CITY COUNCILMEMBER COMMENTS (3-Minute Time Limit)
Councilmember McKeon read aloud a letter he received from a resident that thanked him for witnessed
improvements to vagrancy and loud vehicle issues that present a threat to public health, shared support
for volunteerism with organizations designed to help the homeless, and expressed their love for a
multiracial and multicultural living environment.
Councilmember Moser shared information about the HB Community Café event held at the
Central Library on May 31 where the discussion topic was, “A Neighborly Conversation about
Homelessness.” She stated that the event was well-attended, recognized participation by
HBPD Lieutenant Brian Smith, and enjoyed good food provided by Say Yum Thai Street Food.
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS PERTAINING TO STUDY SESSION
AND/OR CLOSED SESSION ITEMS (Received After Agenda Distribution) — None
PUBLIC COMMENTS PERTAINING TO STUDY AND/OR CLOSED SESSION ITEMS — None
STUDY SESSION
1. 23-468 Parking Study
Community Development Director Ursula Luna-Reynosa introduced this item by providing a brief
background of parking standards city wide, and introduced Walker Consultants.
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June 6, 2023
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Community Development Director Ursula Luna-Reynosa, and City Consultant Steffen Turoff, Director of
Planning, Policy and Financial Studies with Walker Consultants, presented a PowerPoint communication
titled City of Huntington Beach, Parking Requirements Review and Update Downtown, Industrial
Districts, and Citywide with slides entitled: Presentation Agenda; 01|Study Purpose and Focus Areas;
Study Purpose; Data Collection; 02|Citywide; Determining Appropriate Parking Requirements; Citywide -
Observations; Citywide - Minimum Parking Requirement Recommendations; 03|Industrial; Industrial
District Parking Requirement Issues; Industrial - Recommendations; 04|Downtown; Downtown Existing
Parking Supply (Spaces); Weekday Parking Occupancy; Weekend Parking Occupancy; Demand Over
Time - Weekday; Demand Over Time - Weekend; Downtown - Recommendations; and Next Steps.
Councilmember McKeon stated interest in requiring parking studies for each development project.
Councilmember Kalmick called attention to consistent data reported since 2008 that addresses the 30
worst parking days of the year in the Downtown, noting that he will probably not support additional
parking requirements for that specific issue. He provided support for review of parking requirements for
allowing restaurants in industrial areas, and suggested establishing development project thresholds
rather than requiring a parking study for every project. He also cautioned about policies that may just
shunt parking into residential areas.
Councilmember Moser asked that the data from this study be included in any future parking fee increase
considerations, especially the time-of-day data.
Councilmember Bolton stated her support for Downtown parking fees based on demand, and confirmed
with Director Luna-Reynosa those details are not currently available.
Director Luna-Reynosa suggested that Council might want to ensure that parking is prioritized during the
upcoming Strategic Planning Session so that staff clearly understands how much more time and
resources they should focus on this issue in the near future.
Councilmember McKeon asked that staff provide data on projects in the last year that had parking
challenges for the Strategic Planning Session.
A motion was made by Bolton, second Burns, to recess to Closed Session for Items 2 – 8.
Mayor Strickland publicly announced Closed Session Item No. 3 — Labor Negotiations: Police
Management Association (PMA).
RECESSED TO CLOSED SESSION – At 2:38 PM, motion by Bolton, second by Burns.
CLOSED SESSION
2. 23-472 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Pursuant to Government Code
§54957 for performance evaluation of the City Manager.
3. 23-494 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;
Theresa St Peter, Interim Director of Human Resources; Travis Hopkins, Assistant
City Manager; Michael E. Gates, City Attorney; Eric Parra, Chief of Police; and
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June 6, 2023
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Sunny Han, Acting Chief Financial Officer. Employee Organization: Police
Management Association (PMA).
4. 23-473 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of
subdivision (d) of Section 54956.9). Name of case: Tater/Staniskis v. City of
Huntington Beach, et al.; USDC Case No. 8:20-cv-01772-MEMF (JDEx).
5. 23-474 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of
subdivision (d) of Section 54956.9). Name of case: Tabares (Tiffany) v. City of
Huntington Beach/Eric Esparza; OCSC Case No.: 30-2021-01200297.
6. 23-475 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of
subdivision (d) of Section 54956.9). Name of case: Briscoe (John) v. Robin
Estanislau, et al.; OCSC Case No. 30-2022-01273424.
7. 23-476 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of
subdivision (d) of Section 54956.9). Name of case: Kennedy Commission, et al. v.
City of Huntington Beach, et al.; OCSC Case No. 30-2015-00801675.
8. 23-486 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of
subdivision (d) of Section 54956.9). Name of case: People of the State of
California/Bonta v. City of Huntington Beach/Zelinka; Case No. 30-2023-01312235.
6:00 PM — COUNCIL CHAMBERS
RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING — 6:01 PM
ROLL CALL
Present: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns
Absent: None
PLEDGE OF ALLEGIANCE — Led by Councilmember Bolton
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.
9. 23-464 Huntington Beach Police & Fire Chaplain Roger Wing
CLOSED SESSION REPORT BY CITY ATTORNEY — By a vote of 7 – 0, the City Council authorized
the City Attorney to file an appeal with the Supreme Court in the case of Kennedy Commission, et al. v.
City of Huntington Beach, et al.; OCSC Case No. 30-2015-00801675.
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, and
uploaded to the City's website and Councilmember iPads:
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June 6, 2023
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City Manager's Report Item #12 (1 PowerPoint presentation, 1 email); Consent Calendar Item #16 (1
Staff memo); Item #17 (1 email); #22 (1 PowerPoint presentation); Administrative Items #25 (1 email);
Councilmember Items #26 (2 emails); and #27 (4 emails).
MAYOR’S ANNOUNCEMENT
10. 23-477 Mayor Strickland recognized May 23rd as "Sammy Hagar Day," acknowledging the
rock star and his investment in Huntington Beach via the new Cabo Wabo Beach
Club at the Waterfront Beach Resort
Mayor Strickland thanked rock star Sammy Hagar for his heavy investment in Huntington Beach, and
noted that profits from Cabo Wabo Beach Club at the Waterfront Beach Resort will be donated to charity.
PUBLIC COMMENTS (3-Minute Time Limit) — 14 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/government/agendas.
Mike Ali, a Vietnam Veteran, was called to speak and introduced Anne Dunsmore after handing each
Councilmember a "challenge" coin to remind them to help stop "sui-silence" i.e., silence on veteran
suicides. (00:42:00)
Anne Dunsmore, Angel Force USA Founder, was called to speak and shared details related to
entertaining, engaging and educating the public on the issue of veteran suicides. Ms. Dunsmore
announced details for the Angel Force USA event from 11 am to 5 PM at Zack's on Sunday, June 11,
and encouraged everyone to attend the Vietnam Veterans Pinning Ceremony at 11 am, and enjoy the
live band performance afterwards. (00:42:26)
Amory Hanson was called to speak and stated his support for Councilmember Items #27 regarding
decertification of Beach/Edinger Corridor Specific Plan Environmental Impact Report (EIR). (00:46:01)
Andrew Einhorn, a resident of Huntington Beach, was called to speak and dedicated his discussion to
those who have experienced hate. Mr. Einhorn requested, for the fifth time, that an external board be
commissioned to conduct a thorough, ethical and non-partisan investigation of the Councilmember who
has been accused of making racist statements on social media. (00:47:40)
Russell Neal, a resident of Huntington Beach, was called to speak and shared his opinions related to
Pride month, specifically his opposition to the City of Huntington Beach Public Library's "Rainbow Book
Month" children’s program and Pride activity kits for kids. He asked City Council to put a stop to these
efforts. (00:50:47)
Tim Geddes, a Huntington Beach voter since 1984, was called to speak and asked that if Council
approves Councilmember Items #27 regarding the request to form a Charter Review Ad Hoc Committee
to recommend proposed Charter amendments, it also insists on diversity for the Ad Hoc Committee so
that not just the Council majority are represented. (00:53:19)
Unnamed Guest was called to speak and read her prayer of invocation and moment of silent reflection.
(00:56:30)
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June 6, 2023
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Brenda Glim, a long-time Huntington Beach homeowner, was called to speak and shared historical
information on the original Pledge, as well as repeating a modified statement of invocation written by
Angela Parra that Angela had presented to her Council in Florida. (00:59:36)
Pat Goodman was called to speak and shared information related to the October 2, 2021, local ocean oil
spill off our coast that prevented continuation of the Pacific Airshow on its last day. She shared her
opinion that the City of Huntington Beach has no liability for that situation, and should not be obliged to
spend taxpayer monies to any impacted business. (01:02:44)
Ken Inouye, a 50-year resident of Huntington Beach, was called to speak and shared his support for the
Pacific Air Show and the value it provides to the community. He thanked City Attorney Michael Gates for
meeting with him personally to discuss the promoter's lawsuit and outcome. Mr. Inouye expressed his
expectation that at some point in time full disclosure is needed to explain why the City taxpayers are
paying over $7M to settle this matter. (01:05:09)
Connie Boardman, former Huntington Beach Mayor and Councilmember, was called to speak and
shared her opinions related to the hate being spread regarding Pride month and LGBTQ+ books in the
Huntington Beach Public Library. Ms. Boardman thanked the librarians for featuring books about the
LGBTQ+ community during Pride month. (01:07:58)
Melvyn Sterling, Navy veteran, and former Director of UCI's Emergency Department and Orange
County's Level 1 Trauma Center, was called to speak. Mr. Sterling stated his support for the comments
made by previous speaker Andrew Einhorn, and asked that Councilmembers all help to keep Huntington
Beach safe for everybody. (01:10:38)
Adam Wood, Building Industry Association – OC Representative, was called to speak and stated
opposition to Councilmember Items #27 regarding decertification of the Beach/Edinger Corridor Specific
Plan EIR. (01:13:04)
Unnamed Guest was called to speak and stated his support for the Pacific Air Show that he believes
brings in approximately $120M to the City each year. He further stated he does not understand the
outcry over a settlement of $7M over seven years. (01:15:10)
COUNCIL COMMITTEE APPOINTMENT ANNOUNCEMENTS — None
AB 1234 REPORTING — None
OPENNESS IN NEGOTIATION DISCLOSURES
Councilmember Kalmick reported speaking with representatives of the Huntington Beach Police Officers'
Association (POA).
CITY MANAGER’S REPORT
11. 23-466 May 2023 Vector Control Board AB 1234 Report
City Manager Al Zelinka shared that Vector Control Trustee Mike Posey's Report was provided through
Supplemental Communication and previously made available to the public and Councilmembers.
12. 23-493 Quality of Life Community Survey Results Presentation
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June 6, 2023
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City Manager Al Zelinka introduced City Consultant, Dr. Richard Bernard, FM3 Research, who presented
a PowerPoint communication titled Huntington Beach Quality of Life Survey Summary of Key Results
with slides entitled: Survey Specifics and Methodology; General Community Attitudes; Nearly 8-in-10
respondents rate Huntington beach as either an "excellent" or "good" place to live with almost none
calling it "poor"; Consistent with findings from other communities in the current environment, views on the
direction of the City are mixed; Issues in Huntington Beach; Homelessness is highest priority issue for
Huntington Beach residents (2); Satisfaction with City Services; Two-thirds are satisfied with the job the
City government is doing in providing services to residents and businesses; Huntington Beach residents
are also largely satisfied with many services provided by the City (2); Priorities for Future Investment -
Beaches; Specifically at beaches, there is a strong sense of need to improve the safety, cleanliness and
maintenance of bathrooms; Sources of Information; and Respondents rely on a variety of information
sources including City mailers, City service guides, and unofficial Facebook groups (3).
Councilmember Burns and Dr. Bernard discussed how the 533 residents were found that participated in
the study, and Dr. Bernard reiterated the Survey Specifics and Methodology slide of his presentation.
Councilmember Kalmick shared that "too much growth" and "cost of housing" were inverse to what he
expected, and noted that most people are getting information from friends and family. He said in his
mind the next question should be "Where are your friends and family getting their information?" Dr.
Bernard noted that Huntington Beach is not unique and most people are getting information from friends
and family.
Councilmember Moser expressed her appreciation for statistically relevant data to be used for moving
forward, and confirmed with Dr. Bernard the final report will include more details, including the question
asked by Councilmember Kalmick: "Where are your friends and family getting their information?"
CITY ATTORNEY’S REPORT
13. 23-484 Update on the City of Huntington Beach v. State, Department of Finance lawsuit
City Attorney Michael Gates reported the State Finance Department sent a letter to the City last week
indicating their confirmation of approval of payment on the $22.4M that is being returned to Huntington
Beach by the State of California. City Attorney Gates noted this is significant as it appears there will not
be an appeal of the lower court's ruling in this case. He stated that with interest the final amount will be
closer to $25M, in addition to the $6.8M the court already awarded in a previous decision.
14. 23-485 Update on the Pacific Airshow v. City of Huntington Beach lawsuit and settlement
City Attorney Michael Gates reported that Pacific Airshow communicated that it was not planning to
return to the City if it could not reach a compromise through the lawsuit. Without revealing any
confidential communication or details of Closed Session discussions with City Council, City Attorney
Gates reiterated that a settlement was reached between Pacific Airshow and City of Huntington Beach
on May 9, 2023, and was announced the same day. He noted a recent Voice of OC article, which
contains a number of errors and misrepresentations raising concerns about ethics and transparency of
the settlement.
City Attorney Gates stated the handling of this case occurred just like every other case. He added, with
regard to process, settlement negotiations in all cases are presented to the entire City Council in writing
and discussed in Closed Session; all negotiation terms are voted on by the entire City Council; and, there
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June 6, 2023
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is no negotiated term in a final settlement that the City Council has not seen in writing, discussed, and
authorized by a vote. He also stated that publicly published Closed Session Agendas show that he met
with City Council, in Closed Session, regarding this Pacific Airshow case, a number of times between
December 2022 and the May settlement.
City Attorney Gates noted that no Councilmember ever sent him an email, or a letter, or directly told him
they had any ethical or transparency concerns during the approximately five months of settlement
negotiations. After the Pacific Airshow lawsuit was settled, a summary of negotiated terms that meet
State law was released to the public on a number of occasions. He specifically noted State law
§54957.1, Subsection A 3(b), as providing for a disclosure of "the substance of the agreement."
City Attorney Gates noted a few reasons the settlement was announced this way: 1) the government
code does not expressly require disclosure of the entire final settlement agreement; and 2) the City
Council authorized in December 2022 pursuit of legal action against Oil Spill defendants in a new City
lawsuit. Because of that potential pending litigation, the law creates an exception for disclosure of
documents under Government Code §7927.200 and §7927.205 to not require disclosure of documents
or records which may affect any litigation.
City Attorney Gates stated the City has always followed the law, and the Pacific Airshow settlement was
handled in the exact same way that all other settlements have occurred in the past. He closed his report
by stating that any criticism by anyone regarding this case is completely without merit, and continuing to
make such statements only serves to harm the City.
Councilmember Moser noted she believes that full settlement agreements in the past have been
recorded in Laserfiche and City Attorney Gates responded he would be happy to review anything she
provides him.
Councilmember McKeon confirmed that there is no negotiated term in this settlement that the City
Council had not seen in writing, discussed, and authorized by a vote.
Mayor Pro Tem Van Der Mark suggested that if Councilmembers Bolton, Kalmick, and Moser feel that
the other Councilmembers have been unethical or non-transparent in this settlement, they should
address their concerns to their fellow Councilmembers rather than making those comments to the public.
She added that the actions taken to date by the three mentioned Councilmembers do not help to create
a cohesive City Council, and actually do harm to the City.
Councilmember Bolton stated that ultimately it would be up to a judge to decide what is appropriate to
release in a settlement agreement to the public.
City Attorney Michael Gates stated for the record he is not aware of a lawsuit, pending lawsuit, or threat
of a lawsuit regarding this situation, and asked any Councilmember who has different information to
reach out to him off-line.
CITY CLERK’S REPORT
15. 23-458 May Update of Activities for Citizen Boards, Commissions, Committees (BCCs) and
Regional Agencies
City Clerk Robin Estanislau introduced a new monthly high-level report by Staff Liaisons to keep the City
Council, staff and citizens advised of the activities of the City's boards, commissions and committees
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June 6, 2023
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(BCCs). She described a new website portal that allows Staff Liaisons to enter details on their respective
board activities, and noted the portal includes agendas and minutes for easy one-stop public access.
City Clerk Estanislau noted this portal provides an additional tool for Council Liaisons to report out to the
community Regional Agency action.
Mayor Strickland stated he would not be participating in this effort because meeting notices, agendas
and minutes for these boards, commissions and committees are already publicly available, and he sees
this as adding to Councilmember burdens.
Councilmember Moser asked if it is possible to include whether Council Liaisons are present for each
meeting. Mayor Strickland noted that currently member attendance is documented and available publicly
via minutes.
Councilmember Bolton shared her understanding that this is a convenient way to report out to the
community and make it easier for residents to access information without necessarily having to know the
exact names for boards, committees, commissions or regional agencies. She thanked staff for
implementing this process.
CONSENT CALENDAR
OFFICE OF THE CITY CLERK
16. 23-457 Approved and Adopted Minutes
A motion was made by Burns, second Van Der Mark to approve and adopt the City Council/Public
Financing Authority regular meeting minutes of May 16, 2023, as amended by Supplemental
Communication; and, approve and adopt the City Council/Public Financing Authority special meeting
minutes of May 16, 2023.
The motion as amended carried by the following roll call vote:
AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns
NOES: None
POLICE DEPARTMENT
17. 23-462 Annual Military Equipment Use Report (AB 481)
A motion was made by Burns, second Van Der Mark to find that each type of military equipment
identified in that report attached hereto as Attachment 1 complies with the following standards for
approval: 1. The military equipment is necessary because there is no reasonable alternative that can
achieve the same objective of officer and civilian safety. 2. The proposed military equipment use policy
will safeguard the public's welfare, safety, civil rights, and civil liberties. 3. Any future purchased
equipment is reasonably cost effective compared to available alternatives that can achieve the same
objective of officer and civilian safety. 4. Prior military equipment use complied with the military
equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying
military equipment use policy, corrective action has been taken to remedy nonconforming uses and
ensure future compliance; and, renew Ordinance No. 4255 authorizing the continued use of the listed
military equipment by the Police Department (Annual Military Equipment Use Report (AB 481), Exhibit 3).
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June 6, 2023
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The motion carried by the following roll call vote:
AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns
NOES: None
PUBLIC WORKS DEPARTMENT
18. 23-434 Approved and authorized execution of a Professional Services Contract in the
amount of $1,350,000 over 3 years with Enterprise Automation to provide On Call
Engineering Services for Water and Wastewater SCADA Systems
A motion was made by Burns, second Van Der Mark to approve and authorize the Mayor and City Clerk
to execute the "Professional Services Contract between the City of Huntington Beach and Enterprise
Automation for On-Call Engineering Services for Water and Wastewater SCADA Services.
The motion carried by the following roll call vote:
AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns
NOES: None
19. 23-437 Accepted bid and authorized execution of a construction contract with Crosstown
Electrical & Data, Inc. in the amount of $445,480.00 for the construction of fiber
optic communications along Garfield Avenue (CC-1682), and authorized change
orders (as needed) not to exceed 15 percent
A motion was made by Burns, second Van Der Mark to accept the lowest responsive and responsible bid
submitted by Crosstown Electrical & Data, Inc., in the amount of $445,480.00; and, authorize the Mayor
and City Clerk to execute a construction contract in a form approved by the City Attorney; and, authorize
the Director of Public Works to execute change orders not to exceed a total of 15 percent of the
construction costs, or $66,822.
The motion carried by the following roll call vote:
AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns
NOES: None
20. 23-447 Accepted bid and authorized execution of a construction contract with International
Line Builders, Inc. in the amount of $250,656.00 for the construction of Fiber Optic
Communications to the Oak View Community Center and water well, CC-1636 and
authorized change orders not to exceed 15 percent
A motion was made by Burns, second Van Der Mark to accept the lowest responsive and responsible bid
submitted by International Line Builders, Inc. in the amount of $250,656.00; and, authorize the Mayor
and City Clerk to execute a construction contract in a form approved by the City Attorney; and authorize
the Director of Public Works to execute change orders not to exceed a total of 15 percent of the
construction contract, or $37,598.
The motion carried by the following roll call vote:
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June 6, 2023
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AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns
NOES: None
21. 23-460 Accepted bid and authorized execution of a construction contract with Crosstown
Electrical & Data, Inc., in the amount of $625,650 for the construction of fiber optic
communications along Gothard Street (CC-1692), issuance of change orders not to
exceed 15 percent (as needed), and the appropriation of $149,805 from the
undesignated Traffic Impact Fee fund balance
A motion was made by Burns, second Van Der Mark to accept the lowest responsive and responsible bid
submitted by Crosstown Electrical & Data, Inc., in the amount of $625,650.00; and, appropriate $149,805
of undesignated Traffic Impact Fee balance to Traffic Impact Fee account 20685201.82700; and,
authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City
Attorney; and, authorize the Director of Public Works to execute change orders (as needed) not to
exceed a total of 15 percent of the construction contract, or $93,848.
The motion carried by the following roll call vote:
AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns
NOES: None
22. 23-461 Approved the Infrastructure Fund Annual Report for FY 2021/22
A motion was made by Burns, second Van Der Mark to approve the Infrastructure Fund Annual Report
for FY 2021/22.
The motion carried by the following roll call vote:
AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns
NOES: None
23. 23-463 Accepted bid and authorized execution of a construction contract with Elecnor
Belco Electric, Inc. in the amount of $145,763 for the construction of Fiber Optic
Communications to the Central Library, CC-1722, and authorized change orders not
to exceed 15 percent
A motion was made by Burns, second Van Der Mark to accept the lowest responsive and responsible bid
submitted by Elecnor Belco Electric, Inc. in the amount of $145,763; and, appropriate $90,815 of
undesignated Public Education and Government Access (PEG) funds to PEG fund business unit
24385101.82800; and, authorize the Mayor and City Clerk to execute a construction contract in a form
approved by the City Attorney; and, authorize the Director of Public Works to execute change orders not
to exceed a total of 15 percent of the construction contract, or $21,864.
The motion carried by the following roll call vote:
AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns
NOES: None
PUBLIC HEARING
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June 6, 2023
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24. 23-481 CONTINUED TO JUNE 20 WITH PUBLIC HEARING OPEN request to consider
adoption of Resolution No. 2023-24 to Adopt a Budget for the City for Fiscal Year
2023/2024 and Authorize the Corresponding Appropriation and Transfer of $4.9
Million of AES Reserves and $3.9 Million of Equipment Replacement Reserves and
Return to a 12-year Paving Cycle; Resolution No. 2023-25 Establishing the Gann
Appropriation Limit for Fiscal Year 2023/2024; Resolution No. 2023-23 Levying a
Retirement Property Tax for Fiscal Year 2023/2024 to Pay for Pre-1978 Employee
Retirement Benefits; Resolution No. 2023-27 Amending the City’s Classification
Plan by Adding the Classifications of Graphic Designer, Multimedia Officer, and
Municipal Records Manager; Resolution No. 2023-28 to Adopt a Revised General
Fund Reserve Policy; Resolution No. 2023-26 Acknowledging Receipt of a Report
Made by the Fire Chief of the Huntington Beach Fire Department Regarding the
Inspection of Certain Occupancies Required to Perform Annual Inspections in such
Occupancies Pursuant to Sections 13146.2 and 13146.3 of the California Health and
Safety Code; Approve and Authorize the execution of Amendment No. 2 to the
Agreement between the City of Huntington Beach and Mind OC for Pilot Mobile
Crisis Response Program; and Approve and Authorize the Execution of
Professional Services Contract between the City of Huntington Beach and National
Council for Community Development (NDC) for Technical Assistance Services
Sunny Han, Acting Chief Financial Officer, and Tom Herbel, City Engineer, presented a PowerPoint
communication titled City of Huntington Beach FY 2023/24 Budget Adoption with slides entitled:
Presentation Overview; FY 2022/23 General Fund Budget Update; Economic Overview & Local
Budgetary Impacts; Proposed FY 2023/24 General Fund Budget Review; FY 2023/24 General Fund
Proposed Budget Review; FY 2023/24 General Fund Proposed Revenues - $280.4M (2); FY 2023/24
General Fund Proposed Expenditures - $285.6M (3); Recommend FY 2023/24 Authorized Positions (3);
FY 2023/24 Full Time Equivalent - General Fund; General Fund Long-Term Financial Plan; Pension
Update; CalPERS UAL Payment Projection; General Fund Reserve Policy (2); FY 2023/24 Capital
Improvement Program (CIP); FY 2023/24 CIP Budget; FY 2023/24 Key Budget Components and
Approval Requested; and City Council Approval Requested (2).
Mayor Strickland stated his understanding, after discussions with City Manager Zelinka, that a budget
deficit is expected if current POA negotiation numbers are included, and the presented numbers do not
include the other collective bargaining unit negotiations. He also noted he has asked the City Manager
to return this budget, plus two years, to all Department Heads, excluding Public Safety, for modest
reductions. He added that since the final budget numbers are not available today, he is not prepared to
vote today, but believes with a bit more time it will be possible to provide a positive budget.
Mayor Strickland opened the Public Hearing.
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,
which were all uploaded to the City's website and Councilmember iPads: 2 emails
Public Speakers — 1
Amory Hanson was called to speak and stated his support for Public Hearing Item #23 (H), the addition
of three new positions for the Communications Department. (02:13:56)
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June 6, 2023
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There being no more speakers, Mayor Strickland requested that the Public Hearing be continued open to
allow staff the opportunity to submit a balanced budget that includes data from Administrative Items No.
25 (23-488) (if approved by Council) regarding the proposed Memorandum of Understanding between
the Huntington Beach Police Officers’ Association and the City of Huntington Beach for July 1, 2023
through June 30, 2025.
Councilmember Moser suggested that Department Heads be asked to evaluate not only potential budget
reductions but also potential increased revenues. City Manager Al Zelinka confirmed that both sides of
the budget will be addressed.
Councilmember Kalmick confirmed with Acting Chief Financial Officer Han that the next review of the
adjusted budget will include Police Officer Association (POA) numbers, if approved by Council; and
confirmed with Mayor Strickland and City Manager Zelinka best efforts will be for the FY 2023/24, plus
one year.
A motion was made by McKeon, second Strickland to continue this item, with public hearing open, to
June 20, 2023. The motion carried by the following roll call vote:
AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns
NOES: None
ADMINISTRATIVE ITEMS
25. 23-488 Approved introduction of the Proposed Memorandum of Understanding Between
the Huntington Beach Police Officers’ Association and the City of Huntington
Beach for July 1, 2023 through June 30, 2025
Travis Hopkins, Assistant City Manager, presented a PowerPoint communication titled Introduction of
Proposed Memoranda of Understanding with Police Officers' Association with slides entitled: Meyers-
Milias Brown Act; Proposed Memoranda of Understanding (2); Fiscal Impact; and City Council Options.
Mayor Strickland thanked everyone involved in getting to this point in negotiations, and noted Chief
Parra's remarkable leadership. Mayor Strickland said his goal is to provide the tools that Chief Parra
needs for a competitive Police Department that can continue to keep the City safe for everyone.
Councilmember Bolton noted for the public record that police departments nation-wide are finding it
increasingly difficult to find qualified officers and staff.
Councilmember Kalmick confirmed with Chief Parra there are currently approximately 27 open positions
in the Police Department. Councilmember Kalmick noted this Memoranda of Understanding (MOU) is
expected to improve recruitment, retention of institutional knowledge, as well as incentivize Academy
participation. He added his interest in working to find additional sources of revenue to help offset some
of the costs.
Mayor Strickland stated for the record that he would not support any proposed sales tax increase as an
effort to increase revenue. City Attorney Michael Gates advised Council to be careful of commenting on
items that are not agendized.
Council/PFA Regular Meeting
June 6, 2023
Page 13 of 16
A motion was made by Strickland, second Kalmick to approve introduction of the proposed Memorandum
of Understanding between the Huntington Beach Police Officers' Association and the City of Huntington
Beach for the period July 1, 2023 through June 30, 2025.
The motion carried by the following roll call vote:
AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns
NOES: None
COUNCILMEMBER ITEMS
26. 23-480 Approved item submitted by Council Member Burns — Request to Form a Charter
Review Ad Hoc Council Committee to Recommend Proposed Charter Amendments
Councilmember Burns noted that a majority of the Charter Amendments proposed for the November
2022 ballot failed, and added he believes there are some areas of the Charter that could use meaningful
updates. He noted his intention is to have any proposed City Charter Amendments on the ballot for the
March 5, 2024 election.
Councilmember Bolton stated she would need to know the costs for a Charter review before she can
support this item.
Councilmember Kalmick stated he cannot support an item that utilizes an Ad Hoc Committee, which
means meetings are held behind closed doors vs. the recent Charter Review Commission effort which
held public meetings. He suggested any Charter review should be an open and rigorous process that
includes public meeting notices and opportunity for public comments.
Councilmember Moser stated support for Councilmember Kalmick's comments, and appreciation for the
efforts of the previous Charter Review Commission which she believes provided an example of
transparency and good governance. She noted that all Councilmembers were able to select a member
for the previous Charter Review Commission, and stated she cannot support using an Ad Hoc
Committee for the purpose of making proposed City Charter amendments.
Mayor Strickland stated that any recommendations of an Ad Hoc Committee would come before the City
Council, and the public would have opportunity to share their comments as they do for any other Council
item, and anything approved by City Council would then be presented to the community for a ballot vote.
A motion was made by Burns, second Strickland to designate Mayor Strickland to lead an ad hoc
committee of himself and two other Council Members of his choice to work with the City Attorney's
Office, if necessary, and to return to City Council at a regular City Council meeting in July of this year
with recommendations for proposed Charter Amendments; and, it is also requested that the City Clerk,
who is our local elections official, provide a timeline of events or deadlines the City is required to meet in
order to get any proposed City Charter Amendments on the ballot for the March 5, 2024 election.
The motion carried by the following roll call vote:
AYES: Van Der Mark, Strickland, McKeon, and Burns
NOES: Kalmick, Moser, and Bolton
Council/PFA Regular Meeting
June 6, 2023
Page 14 of 16
27. 23-497 Approved item submitted by Council Member McKeon — Decertification of
Beach/Edinger Corridor Specific Plan Environmental Impact Report
Councilmember McKeon reviewed many reasons for submitting this item, including his opinion that the
Beach/Edinger Corridor Specific Plan (BECSP) Environmental Impact Report (EIR) is outdated and
obsolete. He does not want to include a date specific, and asked that if this item is approved, the City
Manager and City Attorney provide regular updates during the process.
Councilmember Bolton expressed her frustration with trying to understand why a long-standing EIR that
has been used for many projects, and may even currently have projects that are being contemplated
under it, should suddenly be deemed obsolete.
Councilmember McKeon stated this EIR in his opinion is outdated, does not reflect issues related to
more recent State housing laws, and does not take into consideration increased public safety needs, or
current infrastructure needs, or available resources, or updated landscape considerations.
Councilmember Kalmick asked Councilmember McKeon what he was trying to solve by presenting this
item. Councilmember Kalmick noted that this EIR is for a specific project, and each project under the
Beach/Edinger Corridor Specific Plan must go through an environmental checklist. He also stated that to
the best of his knowledge there is currently no mechanism established to decertify an EIR.
Councilmember Kalmick shared his opinion that trying to decertify this EIR is actually anti-business
because a majority of the projects approved under the BECSP EIR are businesses, not residential,
projects.
Councilmember Kalmick continued by sharing his opinion that if the goal is to make it more difficult to
build more housing on Beach Boulevard, the appropriate action would be to re-zone Beach Boulevard
back to commercial use. He added that if the BECSP EIR were decertified, then each new business
project in that Specific Corridor would have to actually spend more money for an EIR. Councilmember
Kalmick stated he believes government should focus on actions that help make businesses more
successful and having programmatic EIRs does that. Councilmember Kalmick asked which Specific
Plan EIRs will be decertified next, and stated he believes this is not a serious policy goal.
Councilmember McKeon stated he has full faith in the staff, City Manager and City Attorney to come
back with a workable plan. He added his opinion that the BECSP EIR has been problematic for a long
time, and noted that in his construction business projects throughout the country, he does not have to do
an EIR, but does have to evaluate negative impacts to the environment through a CEQA checklist.
Councilmember Moser asked for clarification on the intent of this item, which specifically asks for
"decertification" of the BECSP EIR, and noted decertification has never been done before except by a
judge prior to the completion of a project. She added that if the intent is to stop or reduce housing
development along the Beach/Edinger Corridor, that that is another thing for which staff could return with
possible solutions to change policy.
Councilmember Moser invited Community Development Director Luna-Reynosa to weigh in on potential
ramifications if it is possible to decertify the BECSP EIR. Director Luna-Reynosa clarified that an EIR is
not a policy document, but rather a disclosure document to identify potential environmental impacts due
to a project. She added that an EIR has a threshold of significance, and it analyzes and discloses the
environmental impacts of development up until a particular threshold. She noted that in reality only 1,900
units, of the 6,500 originally analyzed, have either been constructed or permitted for the BECSP. She
deferred to the City Attorney regarding any possible legal ramifications.
Council/PFA Regular Meeting
June 6, 2023
Page 15 of 16
Director Luna-Reynosa named the projects approved within the BECSP EIR during her tenure that
included only one residential project and many businesses. She noted that if the BECSP EIR didn't
exist, then each project would require staff to go through a CEQA checklist to determine potential
environmental impacts and further determine if the impacts are significant or could be mitigated which
would determine the type of environmental decision, whether exempt, negative, or mitigated, or require
an EIR.
Councilmember McKeon reiterated based on his experience this is the process every state commercial
project must go through, and he does not understand why some Councilmembers feel this item could
stifle business growth, as every commercial and retail developer knows they have to go through the
CEQA checklist.
Councilmember Moser explained that AB 2011 could potentially affect what can be built on current
commercial properties with regards to housing, and asked Director Luna-Reynosa if there is no
programmatic certified EIR, could the City potentially lose mitigation measures. Director Luna-Reynosa
responded that if the mitigation monitoring program was approved and pulled into the BECSP review
process, so that projects are required to comply with those mitigation measures, and a project was
exempt, it means no CEQA is required, or there is no way to extract those mitigation measures. The
cumulative impact through the EIR that considered development throughout the entire corridor resulted in
a number of intersections identified as needing improvements, and any individual project that is analyzed
only on its own, wouldn't reach the significance threshold to require those intersections to be improved.
Therefore, some of those types of mitigations could be lost, and maybe others as well. Councilmember
Moser clarified, essentially mitigating community concerns such as potential challenges of noise, or
shadow studies, etc.
Councilmember Bolton confirmed with Director Luna-Reynosa that having to do a complete study, if
there is no programmatic EIR available, would add time and costs for each project. Councilmember
Bolton referenced the letter received from the Auto Dealers, which gives her the impression this issue
has not been discussed with them, and they are concerned about potential ramifications. She stated she
cannot support something that may just increase time and costs for development projects.
Mayor Pro Tem Van Der Mark clarified this item request is only to ask staff to return with a plan, and not
actually decertify anything.
Councilmember Bolton suggested a wording change to make that clearer. Councilmember McKeon
stated he likes the way the item now reads.
City Manager Zelinka confirmed that if he or the City Attorney have questions during the process to come
up with a plan, they will return to Council with those questions for clarification.
Mayor Strickland noted he has concerns, as expressed by the Auto Dealers today, and he personally
sees this item as a step forward with opportunity to delve into all concerns and for additional discussions.
He stated at the moment he will support this item and will review what comes back from staff.
A motion was made by McKeon, second Burns to direct the City Attorney and City Manager to return to
the City Council with a plan for decertification of the BECSP EIR and vacate all associated findings.
The motion carried by the following roll call vote: