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HomeMy WebLinkAbout2023-09-19Minutes City Council/Public Financing Authority City of Huntington Beach Tuesday, September 19, 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 Pursuant to Resolution No. 2001-54, Councilmember Burns requested and received permission to be absent. Present: Kalmick, Moser, Van Der Mark, Strickland, McKeon, and Bolton Absent: Burns CITY COUNCILMEMBER COMMENTS (3-Minute Time Limit) Councilmember Bolton recognized National Spanish Heritage Month on Friday, September 15 through Sunday, October 15; Councilmember Moser reported attending the Active Living Expo at the Huntington Senior Center at Central Park on September 16, Blessing of the Waves on September 17, and A Great Day in the Stoke held on September 16; Mayor Strickland reported attending Old World's Oktoberfest event that continues through November 5. ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS PERTAINING TO STUDY SESSION OR CLOSED SESSION ITEMS (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, which were all uploaded to the City's website and Councilmember iPads: Study Session Item #1 (3 email communications); Closed Session Item #3 (1 Interdepartmental Memo) PUBLIC COMMENTS PERTAINING TO STUDY SESSION OR CLOSED SESSION ITEMS (3-Minute Time Limit) — 2 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. Council/PFA Minutes September 19, 2023 Page 2 of 11 Steve Shepherd was called to speak and noted he had sent an email communication to Councilmembers and shared his opinion that there is a clear and present danger on the streets of Huntington Beach right now due to speeding vehicles. (00:08:25) Randall Costello was called to speak and shared his opinions on various issues and topics. (00:10:58) STUDY SESSION 1. 23-763 Mobility Implementation Plan — HB in Motion Survey Results Chau Vu, Director of Public Works and City Consultant Joe Yacabucci, Project Manager, presented a PowerPoint communication titled Huntington Beach Mobility Implementation Plan (MIP) – HB in Motion Council Briefing with slides entitled: Agenda; Project Goals and Guiding Principles; Project Timeline; Review Existing Conditions and Public Feedback; Phase I Survey Results; Technical Analysis; What We Heard | Phase II Survey (2); What We Heard (2); What We Are Experiencing; Bicycle Pedestrian, and Beach Path Recommendations; Bicycle Recommendations; Toolkit (2); Bicycle Network; Pedestrian Recommendations; Pedestrian Focus Area Identification Factors; Pedestrian Focus Corridors; Beach Path Recommendations; Beach Path Network Developments; Beach Path Example Treatments; E-Bike Education + Enforcement Policy Recommendations (2); and Next Steps. Mayor Pro Tem Van Der Mark and Director Vu discussed that future mobility plan meetings will be virtual as more people usually attend. Councilmember Bolton stated the importance of collecting e-bike statistics, and holding stakeholder meetings related to education and enforcement. Councilmember McKeon confirmed with Director Vu that Huntington Beach and Laguna Niguel both have implemented regulatory enforcement at the school level. Councilmember McKeon requested that staff include costs for the different mobility plans. Councilmember Kalmick stated his support for considering options that include eligibility for grants; noted the need for "safe" bicycle facilities especially for children; safe and more frequent options for crossing both Pacific Coast Highway (PCH) and Beach Boulevard; and the need to develop viable options to using automobiles. Councilmember Moser stated her priorities are to keep people safe and comfortable in traversing the city without their automobiles. She encouraged staff to remain aware of how neighboring cities are handling mobility issues, to include a regional view; consider options to support and encourage the schools to implement their "safe route" plans; encouraged the participation of local citizens through a new "Transportation Committee"; and stated her support for including sustainability in the plans. Assistant City Manager Travis Hopkins announced that Closed Session Items #4 (23-761) and #5 (23- 762) had been removed from the agenda and would not be considered at this meeting. A motion was made by Kalmick, second by Van Der Mark, to recess to Closed Session. RECESSED TO CLOSED SESSION — 4:48 PM CLOSED SESSION Council/PFA Minutes September 19, 2023 Page 3 of 11 2. 23-760 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Segal-Kaloski (Pamela) v. City of Huntington Beach, et al.; OCSC Case No.: 30-2021-01222791. 3. 23-767 LIABILITY CLAIM. (Section 54954.5(d).) Claimant: Elizabeth Lovat; Claim No. COHB-23-0152. Agency claimed against: City of Huntington Beach. 4. 23-761 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Al Zelinka, City Manager and Melanie Chaney, 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; Scott Haberle, Fire Chief and Sunny Han, Chief Financial Officer. Employee Organization: The Huntington Beach Firefighters’ Association (HBFA). 5. 23-762 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Al Zelinka, City Manager and Melanie Chaney, 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; Scott Haberle, Fire Chief and Sunny Han, Chief Financial Officer. Employee Organization: Fire Management Association (FMA). 6. 23-773 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Al Zelinka, City Manager; Travis Hopkins, Assistant City Manager; Melanie Chaney, Chief Negotiator; Theresa St. Peter, Interim Human Resources Director; Sunny Han, Chief Financial Officer; Eric Parra, Police Chief; and Jose Rodriguez, Human Resources Manager. Employee Organization: Huntington Beach Police Officers’ Association (HBPOA). 6:00 PM — COUNCIL CHAMBERS RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING — 6:00 PM ROLL CALL Pursuant to Resolution No. 2001-54, Councilmember Burns requested and received permission to be absent. Present: Kalmick, Moser, Van Der Mark, Strickland, McKeon, and Bolton Absent: Burns PLEDGE OF ALLEGIANCE — Led by Councilmember Bolton INVOCATION 7. 23-747 Huntington Beach Police and Fire Chaplain Roger Wing 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. Council/PFA Minutes September 19, 2023 Page 4 of 11 CLOSED SESSION REPORT BY CITY ATTORNEY — None 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, which were all uploaded to the City's website and Councilmember iPads: Consent Calendar Items #9 (1 Interdepartmental Memo, and 1 email communication); #10 (2 email communications, and 1 Interdepartmental Memo); #12 (1 memo, and 1 email communication); and Ordinances for Introduction #17 (1 Interdepartmental Memo, and 1 email communication). PUBLIC COMMENTS (3-Minute Time Limit) — 19 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. Shammy Dee was called to speak and shared her opinions related to the many ways the current City Council is deviating from their core responsibilities of finances, protecting the City Charter, making the City safer, listening to the public, and are ignoring the residents they purport to represent. (00:57:52) Pat Goodman was called to speak and stated her appreciation for Agenda Item #8, the City Manager's Quarterly Homeless Report, and asked that City Council adopt a Housing Element to maintain control of zoning, security for residents, and economic development within Huntington Beach. (01:00:55) Suzanne White, a 15-year resident, was called to speak and shared her opinions regarding the unsuitability of Mayor Pro Tem Van Der Mark as a Councilmember based on past associations and a letter from the Anti-Defamation League (ADL). (01:03:09) Andrew Einhorn was called to speak and shared his opinions regarding the context of the hand gesture for "OK" used by white supremacists. Mr. Einhorn asked that the City conduct an external and independent investigation of Mayor Pro Tem Van Der Mark. (01:04:51) Nora Pedersen a 35-year resident, was called to speak and shared her opinion that the current Council majority appears to be focused on destroying the City. (01:07:53) Dina Chavez was called to speak and shared her opinions related to the extreme costs to implement book banning. (01:10:07) Tim Geddes, a 40-year resident, was called to speak and shared his opinions regarding proposed Charter amendments and the disappointing special meeting held on September 14 supposedly to discuss the proposed amendments. (01:13:14) Unnamed Guest was called to speak and shared his experience to support his opposition to the recent "no mask, no vaccine" policy recently approved by the Council majority. (01:15:56) Amory Hanson was called to speak and stated his support for Ordinances for Introduction Item #17 relating to bicycle regulations. (01:18:51) Unnamed Guest was called to speak and shared his opinions related to past and current Councilmember decisions, and support for the actions and decisions of the current Council majority, their leadership and taking a stand for what is right. (01:19:51) Council/PFA Minutes September 19, 2023 Page 5 of 11 Synde Manion, a resident, was called to speak and shared her observations and possible changes to consider regarding Ordinances for Introduction Agenda Item #17 relating to bicycle regulations. (01:23:16) Russell Neal, a resident, was called to speak and shared his opinions related to human dignity. (01:26:27) Perry Clitheroe, a life-time resident, was called to speak and stated his support for Study Session Item #1 regarding the mobility motion survey results presentation, and Ordinances for Introduction Item #17 relating to bicycle regulations. (01:29:25) Neal Kuster was called to speak and thanked Mr. Neal for his comments on human dignity. Mr. Kuster shared his opinion that there is a clear lack of compelling justification for a number of the proposed Charter amendments, and stated his concerns regarding the lack of compliance with the State's housing regulations. (01:30:58) Ken Inouye, a 50-year resident, was called to speak and shared his observations of the September 14 Special Meeting regarding the proposed Charter amendments, and thanked City Council for creating opportunities for continued dialogue on this topic. (01:34:04) Unnamed Guest was called to speak and stated his concern about the multitude of slanders directed to the Council majority, and shared from his perspective examples of good decisions made by the Council majority. (01:35:25) Unnamed Guest was called to speak and shared his opinions and concerns related to the Huntington Beach Police Department. (01:38:32) Gina Clayton-Tarvin, 30-year resident and Ocean View School District Board of Trustees Vice President, was called to speak and stated her opposition to the proposed Charter amendments, requested complete Air Show settlement documents, and shared her opinions related to how Mayor Strickland leads public meetings. (01:41:50) Patricia Pappas, a 43-year resident, was called to speak and shared her experiences and opinions on varied issues that Council is facing. (01:44:59) COUNCIL COMMITTEE APPOINTMENT ANNOUNCEMENTS — None AB 1234 REPORTING — None OPENNESS IN NEGOTIATION DISCLOSURES Mayor Strickland and Councilmember McKeon reported meeting with representatives from the Huntington Beach Firefighters' Association (HBFA). CITY MANAGER’S REPORT 8. 23-764 Quarterly Homeless Report City Manager Al Zelinka introduced Brian Smith, Police Lieutenant, and Jessica Kelly, Social Services Supervisor, who presented a PowerPoint communication titled Homeless Response Update 2nd Quarter Council/PFA Minutes September 19, 2023 Page 6 of 11 2023 with slides entitled: Improve Communications with our Community; Improve Communications (2); Increased Focused Outreach Efforts; Audit Our Programs; Advocacy/Funding; 2nd Quarter of 2023; Homeless and Behavioral Health Services Staff – 2nd Quarter of 2023; Be Well Mobile Crisis Respond Team 2nd Quarter of 2023*; Huntington Beach Navigation Center; Barriers; Success Stories; and Questions? Mayor Pro Tem Van Der Mark thanked staff for their efforts to assist the homeless and connect people with available services, noting that community members are beginning to see an improvement. She asked what created the drop of 11% between the 1st Quarter and 2nd Quarter in calls involving homeless individuals, and Lt. Smith responded he believes it was the pro-active efforts of the public safety and social service teams during the 1st Quarter. They also discussed ongoing discussions regarding additional program options and grant sources. Councilmember McKeon noted this is a very complicated issue and stated for the benefit of the public that resources are being used every day to address homeless situations. Councilmember McKeon and Lt. Smith discussed keeping data and metrics up to date and available on the City's website for easy public access; developing standardized definitions; quarterly meetings with staff and community resource providers; community prosecutor relationship; the Homeless Services Manager recruitment process; vision for expanding the program to address additional vulnerable populations; role of volunteers; Outreach Grid Case Management System; standardized data for accurate analysis; Be Well currently provides coverage 7 days per week with 21 hours each day with their services; services provided through the Navigation Center; process for determining an individual's ties to Huntington Beach; Navigation Center intake starts at the Police Department to identify the appropriate service provider; increased MYHB complaints shows the need for continued community education; fluctuation in calls for service from month to month; detox procedures; Be Well provided services; Navigation Center provided services; Jamboree process for long-term services; rental assistance services; and ways to maximize services without bloating the department. Councilmember Bolton and Lt. Smith discussed what happens to the 543 contacts by Homeless Task Force Officers which were not serviced by the Navigation Center, other shelters or transported to Crisis Stabilization units, and noted that some contacts may qualify for being counted in more than one tracking category. Councilmember Kalmick and Lt. Smith discussed the challenges related to finding appropriate housing for Navigation Center residents; process for permanent use plan for the Navigation Center property; Care Court availability; Homeless Court; and Community Prosecutor services. Councilmember Kalmick noted he wants to be very careful about limiting staff for a service that is solving the homeless problem. Councilmember Moser stated appreciation for the Community Prosecutor; quarterly meetings of the faith- based and other community organizations which coordinate efforts and services; and shared statistics on the number of homeless students in the local schools. Lt. Smith noted meetings with local school districts to inform them of services available for their staff and students, and he provided information on the Street Medicine preventative program being used in Garden Grove to assist people getting their medications, and getting to medical appointments. Councilmember Moser and Lt. Smith discussed the importance of protecting the City's data, which is available to the City's Social Workers, Outreach Officers, Mercy House and Navigation Center. CONSENT CALENDAR Council/PFA Minutes September 19, 2023 Page 7 of 11 Councilmember Moser pulled #10, Councilmember Kalmick pulled #11, and Councilmember Bolton pulled #12 for further discussion. CITY CLERK 9. 23-692 Approved reappointments of Jerry Person as City Historian, and Kathie Schey as City Archivist, each to serve a four-year term commencing on September 23, 2023, and ending on September 23, 2027 A motion was made by Kalmick, second Bolton to approve the reappointment of Jerry Person as City Historian, to serve a four-year term commencing on September 23, 2023, and ending on September 23, 2027; and approve the reappointment of Kathie Schey as City Archivist, to serve a four-year term commencing on September 23, 2023, and ending on September 23, 2027. The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, and Bolton NOES: None ABSENT: Burns COMMUNITY DEVELOPMENT 10. 23-736 Adopted Annual Community Development Block Grant and HOME Investment Partnerships Grant End-of-Year Progress Report to the U.S. Department of Housing and Urban Development Councilmember Moser pulled this item to state the need to proceed with certifying, and drop the litigation, related to the Housing Element. Councilmember Moser and Steve Holtz, Deputy Director of Community Development, discussed the drop-in clients served through the Rental Assistance Program, and noted the remaining funds from this year will roll over into next year. A motion was made by Moser, second Kalmick to adopt the FY 2022-23 Consolidated Annual Performance and Evaluation Report for Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) federal entitlement grant funds; and, authorize the City Manager to transmit the CAPER to HUD by September 28, 2023. The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, and Bolton NOES: None ABSENT: Burns FIRE DEPARTMENT 11. 23-740 Approved an amended Harbour Commission recommendation regarding proposed changes to Code of Federal Regulations affecting public navigation through Anaheim Bay Councilmember Kalmick pulled this item to invite Scott Haberle, Fire Chief, to present a PowerPoint communication titled Vessel & Watercraft Ad Hoc Committee Report with slides entitled: Issue Statement; Recommendation; Data Analysis Subject Matter Expert Opinion; and Questions? Council/PFA Minutes September 19, 2023 Page 8 of 11 Councilmember Kalmick stated the two changes being contemplated for the Mayor's letter is to change the reference from "jet skis" to "personal watercraft", and remove "California" which could be too restrictive if watercraft is registered in another state. A motion was made by Kalmick, second Strickland to as recommended by the Harbour Commission, provide input to Naval Weapons Seal Beach regarding proposed changes to CFR Section 334.930, indicating that the City concurs with the proposed changes, with an amendment specifying that only vessels with California Boat/Vessel Registration be allowed to transit through the Anaheim Bay public navigation channel; and, authorize the Mayor to submit a letter to the Commanding Officer of Naval Weapons Station Seal Beach specifying that the City concurs with the proposed CFR changes with the recommended amendment to remove reference to California, and use "personal watercraft" in place of "jet skis". The motion as amended carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, and Bolton NOES: None ABSENT: Burns POLICE DEPARTMENT 12. 23-780 TABLED Request to Approve Responses to the 2022-2023 Orange County Grand Jury Reports Related to Animal Welfare Councilmember Bolton pulled this item to discuss Finding #12, and noted from her perspective it would be more accurate to note that Huntington Beach has also received emails from the community expressing concerns about the need for spay and neuter services at the Orange County Animal Shelter. Police Chief Parra stated he has not personally seen community concerns about this, and to the best of his knowledge the City has not reviewed specific operations of the Orange County Animal Shelter. He stated he would be happy to review any communications Councilmember Bolton has related to this issue. Connor Hyland, Senior Deputy City Attorney, verified that a request for an extension to reply was granted and the deadline is now out about 60 more days. PUBLIC WORKS 13. 23-696 Authorized the Mayor and City Attorney to execute Cooperative Agreement No. C-3- 2654 between the Orange County Transportation Authority and the City of Huntington Beach for the I-405 Improvement Project A motion was made by Kalmick, second Bolton to authorize the Mayor and City Attorney to execute Cooperative Agreement No. C-3-2654 between the Orange County Transportation Authority and the City of Huntington Beach for the I-405 Improvement Project. The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, and Bolton NOES: None ABSENT: Burns Council/PFA Minutes September 19, 2023 Page 9 of 11 14. 23-725 Approved and authorized execution of the Second Amendment to Site License Agreement between the City of Huntington Beach and T-Mobile West LLC, for a Wireless Communications Facility at Fire Station 6-Edwards A motion was made by Kalmick, second Bolton to approve and authorize the Mayor and City Clerk to execute the "Second Amendment to the Site License Agreement between T-Mobile West LLC and the City of Huntington Beach for the wireless communications facility at Fire Station 6 - Edwards," based on the terms and conditions as presented herein. The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, and Bolton NOES: None ABSENT: Burns 15. 23-735 Accepted the lowest responsive and responsible bid and authorize the execution of a construction contract with Oppenheimer National for $134,387.26 for the Police Canine Facility, CC1744 and approve an appropriation from the Police Facilities Development Impact Fund A motion was made by Kalmick, second Bolton to accept the lowest responsive and responsible bid submitted by Oppenheimer National in the amount of $134,387.26; and, approve a budget appropriation in the amount of $147,826 from Police Facility Development Impact Funds to account 22770106.82800; and, authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, and Bolton NOES: None ABSENT: Burns 16. 23-745 Accepted bid and authorized execution of a construction contract with Applied Restoration, Inc. in the amount of $754,451.80 for the construction of Goldenwest St. and Graham St. Bridge Maintenance Project, CC-1713 A motion was made by Kalmick, second Bolton to accept the lowest responsive and responsible bid submitted by Applied Restoration, Inc. in the amount of $754,451.80; and, authorized the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, and Bolton NOES: None ABSENT: Burns ORDINANCES FOR INTRODUCTION 17. 23-750 Approved for introduction Amended Ordinance No. 4302 amending Huntington Beach Municipal Code (HBMC) Chapter 10.84 relating to bicycle regulations Council/PFA Minutes September 19, 2023 Page 10 of 11 Thoby Archer, Huntington Beach Police Lieutenant, presented a PowerPoint communication titled Huntington Beach Police Department Recommendation for updated Municipal Code with slides entitled: Why is this update necessary? (3); What does it Change? (3); and Questions? Mayor Strickland and Lt. Archer discussed what constitutes "criminal" vs "civil" citations, and the fee schedule which increases the fine amount for repeat violations. Councilmember Kalmick stated his intent is to protect the residents and kids from reckless actions by people on bicycles, and ability to confiscate cycles which are not street legal. Lt. Archer agreed the intent is to provide options to address community safety concerns, and close some loop holes. Councilmember Kalmick confirmed there is an appeals process for civil citations. Lt. Archer noted that Officers generally cite individuals who create unsafe situations, and listing of specific conditions such as speeding or traveling the wrong direction within the Ordinance are only examples and do not imply that every case of speeding or wrong-way travel will be cited. Lt. Archer noted an error that 10.84.140 (b) g. "Riding the conveyance in the manner other than it was designed" is to be removed as it duplicates "e". Councilmember Bolton confirmed with Chief Parra that accident data is collected regarding the involvement of bicycles and e-bikes. Councilmember Bolton asked if there is the option to pass this as an emergency ordinance so it can be enforced immediately, rather than enforcing 30 days from the second reading. City Attorney Michael Gates responded that possibly the findings to support an emergency ordinance could be included with the second reading. Chief Parra stated his support for making this an emergency ordinance because of the number of community communications regarding related safety issues. Councilmember Bolton and Chief Parra discussed e-bike regulations in surrounding communities, and plans in process for a summit with other communities along the coast to review policies. Councilmember Kalmick stated he just attended a Bike and Ped Subcommittee meeting at Orange County Transit Authority and noted the information from other communities has already been aggregated, including which municipalities address e-bikes and bikes separately. Councilmember Moser and Lt. Archer discussed how the law is being interpreted when encountering cycles that are not classified as e-bike or motorcycle, but are considered "pocket" bikes currently illegal for street use, and would result in a criminal citation. Councilmember Moser confirmed with Lt. Archer that the Police Department will educate the schools about this ordinance once it is approved through digital and printed materials. Councilmember Moser confirmed with Lt. Archer bicycles on sidewalks, going with the flow of traffic, is allowed in some areas, but not in others. Lt. Archer noted this ordinance provides another enforcement tool for Officers. Councilmember Moser asked that quarterly or six-month reports be provided to document whether or not this ordinance is effective. Mayor Strickland confirmed with Lt. Archer that the Surron bike is not street legal.