HomeMy WebLinkAbout2024-07-02Minutes
City Council/Public Financing Authority
City of Huntington Beach
Tuesday, July 2, 2024
5 :00 PM -Council Chambers
6:00 PM -Council Chambers
Civic Center, 2000 Main Street
Huntington Beach , California 92648
A video recording of the 5:00 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/
5:00 PM -COUNCIL CHAMBERS
CALLED TO ORDER -5:00 PM
ROLL CALL
Present:
Absent:
Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, and Kalmick
None
CITY COUNCIL MEMBER COMMENTS (3-Minute Time Limit)
Councilmember Bolton acknowledged the upcoming Independence Day celebrations and encouraged
everyone to have a voice and exercise their right to vote; Mayor Pro Tern Burns announced the July 4 th
block party weekend; Councilmember McKeon announced the 120th Anniversary of the Huntington
Beach Independence Day Parade; and Mayor Van Der Mark recognized the Fourth of July Locals
Bicycle Cruise attended by over 15,000 citizens on Saturday , June 29 .
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS FOR CLOSED SESSION ITEMS
(Received After Agenda Distribution) -None
PUBLIC COMMENTS FOR CLOSED SESSION ITEMS (3-Minute Time Limit) -None
Mayor Van Der Mark announced that from this meeting forward, anyone interested in making a public
comment will be required to complete their own Request to Speak form in person to ensure speakers are
called in the order the forms are received.
RECESSED TO CLOSED SESSION -5:03 PM
A motion was made by St rickland , second by Burns to recess to Closed Session Item Nos . 1 and 2 .
CLOSED SESSION
City Council/PFA Regular Meeting Minutes
July 2, 2024
Page 2 of 16
1. 2023-37 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of
subdivision (d) of Section 54956.9). Daniels (Enda) v. City of Huntington Beach;
OCSC Case No.: 30-2023-01315163.
2. 24-477 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of
subdivision (d) of Section 54956.9). Daimler1 SA LLC v. Darryl L. Hann, et al.; OCSC
Case No.: 30-2020-01166907.
6:00 PM -COUNCIL CHAMBERS
RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING
ROLL CALL
Present:
Absent:
Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, and Kalmick
None
PLEDGE OF ALLEGIANCE -Led by Huntington Beach Police Captain Ryan Riley
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.
3. 24-472 Huntington Beach Police and Fire Chaplain Roger Wing
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 Item #7 (1
staff communication), Item #10 (1 email communication), Item #11 (2 email communications);
Councilmember Items #13 (1 report, 18 email communications, 1 letter).
Mayor Van Der Mark announced that from this meeting forward anyone interested in making a public
comment will be required to complete their own Request to Speak form in person to ensure speakers are
called in the order the forms are received.
PUBLIC COMMENTS (2-Minute Time Limit due to volume of speakers) -42 Speakers
The number [hh:mm:ss] following the speakers' comments indicates their approximate starting time in
the archived video located at http://www.surfcity-hb.org/governmentlagendas.
Sophia Beckett, Huntington Beach High School, Color Guard Team Junior Captain, was called to speak
and thanked Mayor Van Der Mark for acknowledging their Gold Medal Award in competing against 60
Southern California teams in May, which provides the opportunity to compete in the World
Championships in April 2025. Ms. Beckett asked for the community's support for their various upcoming
fundraising activities. (00:09:43)
City Council/PFA Regular Meeting Minutes
July 2, 2024
Page 3 of 16
Butch Twining, 58-year Huntington Beach resident, was called to speak and stated support for
Councilmember Items #13 submitted by Mayor Van Der Mark, Mayor Pro Tern Burns and
Councilmember McKeon regarding Proposed Charter Amendment -Environmental Protections for
General Plan Amendments. (00: 12:06)
Pat Goodman was called to speak and stated opposition to Councilmember Items #13 submitted by
Mayor Van Der Mark, Mayor Pro Tern Burns and Councilmember McKeon regarding Proposed Charter
Amendment -Environmental Protections for General Plan Amendments, and asked that
Councilmembers develop a plan to address Huntington Beach housing needs. (00:14:10)
Wendy Rincon, 50-year Huntington Beach resident, was called to speak and asked if Councilmember
Items #13 submitted by Mayor Van Der Mark, Mayor Pro Tern Burns and Councilmember McKeon
regarding Proposed Charter Amendment -Environmental Protections for General Plan Amendments
will include at least one Study Session, and encouraged Councilmembers and community members to
sign the petitions to prevent privatizing of the Huntington Beach Public Library system. (00: 16:01)
Carla Fuchs was called to speak and stated support for Consent Calendar Item #11 to approve renaming
the Shipley Nature Center Interpretive Center as the Shirley Dettloff Interpretive Center. (00:18:06)
Jeanne Paris, long-time Huntington Beach resident, was called to speak and stated support for
Councilmember Items #13 submitted by Mayor Van Der Mark, Mayor Pro Tern Burns and
Councilmember McKeon regarding Proposed Charter Amendment -Environmental Protections for
General Plan Amendments. (00: 19:24)
Amory Hanson was called to speak and stated support for Councilmember Items #13 submitted by
Mayor Van Der Mark, Mayor Pro Tern Burns and Councilmember McKeon regarding Proposed Charter
Amendment-Environmental Protections for General Plan Amendments. (00:20:08)
Ann Palmer, 30+-year Huntington Beach resident, was called to speak and stated support for Consent
Calendar Item #10 regarding positions on Legislation pending before the State and Federal Legislature,
as recommended by the Intergovernmental Relations Committee (IRC). She also stated support for
Councilmember Items #13 submitted by Mayor Van Der Mark, Mayor Pro Tern Burns and
Councilmember McKeon regarding Proposed Charter Amendment-Environmental Protections for
General Plan Amendments. (00:21: 11)
Unnamed Speaker was called to speak and shared her opinions regarding the Pacific Airshow, LLC v.
City of Huntington Beach and Kim Carr lawsuit, and thanked City Attorney Michael Gates for preventing
a more costly settlement. (00:23: 19)
George G. was called to speak and shared his opinions on various topics, including the Preamble to the
United States Constitution. (00:25:31)
Tim Geddes was called to speak and stated opposition to Councilmember Items #13 submitted by Mayor
Van Der Mark, Mayor Pro Tern Burns and Councilmember McKeon regarding Proposed Charter
Amendment -Environmental Protections for General Plan Amendments. (00:28:38)
David Rynerson was called to speak and shared his thoughts comparing how Redondo Beach and
Huntington Beach address voter issues, and encouraged Huntington Beach Councilmembers to govern
in a responsible and cooperative manner. (00:30:49)
City Council/PFA Regular Meeting Minutes
July 2, 2024
Page 4 of 16
Unnamed Speaker was called to speak and thanked the veterans who have sacrificed their lives so that
he has the freedom to publicly share his opinions regarding the voting process. (00:31 :58)
Ryan Messick was called to speak and stated his opposition to the Tank Farm development, a non-
agendized item. (00:34:22)
Charles Jackson, 23-year Huntington Beach resident, was called to speak and shared his concerns
related to the Builder's Remedy Act, which he believes only the City Council can stop. (00:36:31)
Christopher Rini, Huntington Beach native, was called to speak and stated opposition to Councilmember
Items #13 submitted by Mayor Van Der Mark, Mayor Pro Tern Burns and Councilmember McKean
regarding Proposed Charter Amendment -Environmental Protections for General Plan Amendments.
(00:36:53)
Russ Neal was called to speak and read his poem addressing current societal issues which closed with
asking God to Bless America. (00:38:55)
Mary Ann, a resident of Cerritos, was called to speak and thanked Mayor Van Der Mark, Mayor Pro Tern
Burns and Councilmembers Strickland and McKean for being examples on how to maintain and regain
local control from county and state legislators, specifically referencing election reform. (00:40:46)
Jo Ito, 20-year Huntington Beach resident, representing Concerned Women for America, was called to
speak and thanked Council members for continuing to fight for election integrity in Huntington Beach.
(00:41:53)
Unnamed Speaker was called to speak and shared his opposition to the State's Regional Housing Needs
Assessment (RHNA) numbers for Huntington Beach and the Builder's Remedy Act. He stated support
for November 2024 Council Candidates Chad Williams, Don Kennedy and Butch Twining. (00:42:40)
John Scandura, Friends of Shipley Nature Center President, was called to speak and stated support for
Consent Calendar Item #11 to rename the Shipley Nature Center Interpretive Center as the Shirley
Dettloff Interpretive Center. (00:45: 15)
Ken Smith, 8-year Huntington Beach resident, was called to speak and thanked the Public Works
Department for excellent service, especially related to water and wastewater treatment as noted by a
recent Orange County Grand Jury report. Mr. Smith also stated his support for local rather than state
control in relation to election reform. (00:4 7: 18)
Mary, an Orange County resident for over 50 years, United Sovereign Americans volunteer, was called
to speak and shared information related to the state's voter base. (00:49:29)
George A was called to speak and shared his opinions related to state voter data for 2022 elections and
asked that Councilmembers ensure voter concerns are taken seriously. Mayor Van Der Mark asked him
to complete a blue card for follow-up. (00:50:29)
Unnamed Speaker was called to speak and asked for Councilmember support by reading a portion of the
United Sovereign Americans resolution for a legally valid 2024 general election. (00:52:10)
Nancy was called to speak and asked for Council member support by reading a portion of the United
Sovereign Americans resolution for a legally valid 2024 general election. (00:53:08)
City Council/PFA Regular Meeting Minutes
July 2, 2024
Page 5 of 16
Unnamed Speaker was called to speak and asked for Councilmember support by reading a portion of the
United Sovereign Americans resolution for a legally valid 2024 general election. (00:54:38)
Unnamed Speaker was called to speak and asked for Councilmember support by reading a portion of the
United Sovereign Americans resolution for a legally valid 2024 general election. (00:55:51)
Unnamed Speaker was called to speak and asked for Councilmember support by reading a portion of the
United Sovereign Americans resolution for a legally valid 2024 general election. (00:57:12)
Unnamed Speaker was called to speak and asked for Councilmember support by reading a portion of the
United Sovereign Americans resolution for a legally valid 2024 general election. (00:58:20)
Unnamed Speaker was called to speak and asked for Councilmember support by reading a portion of the
United Sovereign Americans resolution for a legally valid 2024 general election. (00:59:44)
Unnamed Speaker was called to speak and asked for Councilmember support by reading a portion of the
United Sovereign Americans resolution for a legally valid 2024 general election. (01 :01: 15)
Unnamed Speaker was called to speak and asked for Councilmember support by reading a portion of the
United Sovereign Americans resolution for a legally valid 2024 general election. (01 :02:27)
Lynne, a resident of Orange County for more than 70 years, was called to speak and asked for
Councilmember support by reading a portion of the United Sovereign Americans resolution for a legally
valid 2024 general election. (01 :03:52)
Unnamed Speaker was called to speak and asked for Councilmember support for the United Sovereign
Americans resolution for a legally valid 2024 general election. (01 :04:52)
Adam Wood, 40+-year Huntington Beach resident, and Building Industry Association -Orange County
representative, was called to speak and asked that at there be a Study Session regarding
Councilmember Items #13 submitted by Mayor Van Der Mark, Mayor Pro Tern Burns and
Councilmember McKeon regarding Proposed Charter Amendment -Environmental Protections for
General Plan Amendments. (01 :06: 17)
Perry Clitheroe was called to speak and stated opposition to Councilmember Items #13 submitted by
Mayor Van Der Mark, Mayor Pro Tern Burns and Councilmember McKeon regarding Proposed Charter
Amendment -Environmental Protections for General Plan Amendments. (01 :07:56)
Unnamed Speaker was called to speak and stated her support for an approved Housing Element which
she believes will also increase revenue for Huntington Beach. (01: 10:05)
Brian Vea, Huntington Beach resident, was called to speak and thanked Councilmembers for fighting
against government overreach. (01: 12: 19)
Unnamed Speaker was called to speak and shared his opinions on various issues. (01: 13:53)
Pablo Aspas, Huntington Beach resident, was called to speak and stated opposition to Councilmember
Items #13 submitted by Mayor Van Der Mark, Mayor Pro Tern Burns and Councilmember McKeon
City Council/PFA Regular Meeting Minutes
July 2, 2024
Page 6 of 16
regarding Proposed Charter Amendment -Environmental Protections for General Plan Amendments.
(01 :16:09)
Chris Waring, Huntington Beach resident of nearly 71 years living in Surf City Beach Cottages, was
called to speak and stated he just received an outrageous rent increase notice of 10. 7% or $257 per
month. (01:18:49)
COUNCIL COMMITTEE APPOINTMENT ANNOUNCEMENTS -None
AB 1234 REPORTING -None
OPENNESS IN NEGOTIATION DISCLOSURES -None
CITY MANAGER'S REPORT
4. 24-480 Huntington Beach Fire Department, in Collaboration with the Police Department and
Public Works Department, Announces Class 1 Reaccreditation
Fire Deputy Chief Eric McCoy presented a PowerPoint communication titled Huntington Beach Fire
Department 2024 ISO Class 1 Rating, with slide entitled ISO Class 1 Rating (2), and Questions.
5. 24-482 Huntington Beach Fire Department Provides Fireworks Safety Information for the
Upcoming Independence Day Holiday
Police Deputy Chief Martin Ortiz presented a PowerPoint communication titled Fireworks Safety, with
slides entitled: Firework Booths, Firework Safety Tips, Prohibited Areas, Proper Disposal, Illegal
Fireworks, and Questions.
CONSENT CALENDAR (Items 6-12)
Council member Kalmick pulled Items #9 and #10 for further discussion.
City Clerk
6. 24-463 Approved and Adopted Minutes
A motion was made by Strickland, second Kalmick to approve and adopt the City Council/Public
Financing Authority regular meeting minutes of June 18, 2024.
The motion carried by the following roll call vote:
AYES:
NOES:
Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, and Kalmick
None
7. 24-464 Received and Filed Monthly Update of Activities for Citizen Boards, Commissions,
Committees (BCCs) and Regional Agencies -June 2024
A motion was made by Strickland, second Kalmick to receive and file the monthly update of activities for
Citizen Boards, Commissions, Committees (BCCs) and Regional Agencies -June 2024.
City Council/PFA Regular Meeting Minutes
July 2, 2024
Page 7 of 16
The motion carried by the following roll call vote:
AYES:
NOES:
Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, and Kalmick
None
8. 24-457 Adopted Resolution Nos. 2024-34 and 2024-35 that call for and consolidate with the
County of Orange to conduct the General Municipal Election for City Officers (three
members of the City Council, a City Clerk, and a City Treasurer) to be held on
Tuesday, November 5, 2024
A motion was made by Strickland, second Kalmick to adopt Resolution No. 2024-34, "A Resolution of the
City Council of the City of Huntington Beach, California, calling for the holding of a General Municipal
Election to be held on Tuesday, November 5, 2024, for the election of certain officers as required by the
provisions of the Laws of the State of California Relating to Charter Cities;" and, adopt Resolution No.
2024-35, "A Resolution of the City Council of the City of Huntington Beach, California, requesting the
Board of Supervisors of the County of Orange, California, to consolidate a General Municipal Election to
be held on Tuesday, November 5, 2024, with the Statewide General Election to be held on the date
pursuant to§ 10403 of the Elections Code."
The motion carried by the following roll call vote:
AYES:
NOES:
City Manager
Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, and Kalmick
None
9. 24-473 Approved the appointment of Jeanne Paris to the City Celebration Committee as
recommended by City Council Liaisons McKeon and Strickland
Councilmember Kalmick pulled this item to abstain from the vote for reasons noted at the last meeting.
A motion was made by Strickland, second Burns to approve the appointment of Jeanne Paris to the City
Celebration Committee as recommended by City Council Liaisons McKeon and Strickland.
The motion carried by the following roll call vote:
AYES:
NOES:
ABSTAIN:
10. 24-443
Burns, Van Der Mark, Strickland, and McKeon
None
Moser, Bolton, and Kalmick
Took Positions on Legislation Pending Before the State and Federal Legislature, as
Recommended by the Intergovernmental Relations Committee (IRC)
Councilmember Kalmick pulled this item to request that each recommended action item be considered
separately.
Councilmember Strickland invited Shannon Levin, Council Policy Analyst, to briefly describe each item
before voting.
A) Assembly Concurrent Resolution 182 (Dixon), the Great Pacific Garbage Patch
City Council/PFA Regular Meeting Minutes
July 2, 2024
Page 8 of 16
A motion was made by Strickland, second Kalmick to support Assembly Concurrent Resolution 182
(Dixon) The Great Pacific Garbage Patch .
.The motion carried by the following roll call vote:
AYES:
NOES:
Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, and Kalmick
None
B) Senate 3830 (Padilla) to Authorize the Low-Income Household Water Assistance Program
A motion was made by Strickland, second Kalmick to support Senate 3830 (Padilla) to authorize the
Low-Income Household Water Assistance Program.
The motion carried by the following roll call vote:
AYES:
NOES:
Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, and Kalmick
None
C) AB 2485 (Carillo) Regional housing need determination
Councilmember Kalmick noted that since this bill was introduced in May there has been no
organizational opposition. He sees this as an opportunity to acquire more information on the housing
process and to provide transparency at all levels.
Councilmember Bolton asked if there has been any amendment to address panel composition concerns.
Analyst Levin replied there had been amendments to this item, but to the best of her knowledge none of
them addressed panel composition.
A motion was made by Strickland, second Van Der Mark to oppose AB 2485 (Carillo) Regional housing
need: determination.
The motion carried by the following roll call vote:
AYES:
NOES:
ABSTAIN:
Burns, Van Der Mark, Strickland, and McKeon
Moser, and Kalmick
Bolton
D) AB2553 (Friedman) Housing development, major transit stops, vehicular impact fees
A motion was made by Van Der Mark, second Strickland to oppose AB 2553 (Friedman) Housing
development: major transit stops: vehicular impact fees.
The motion carried by the following roll call vote:
AYES:
NOES:
ABSTAIN:
Burns, Van Der Mark, Strickland, and McKeon
None
Moser, Bolton, and Kalmick
E) AB2597 (Ward) Planning and zoning revision of housing element, regional housing need
allocation appeals, Southern California Association of Governments
City Council/PFA Regular Meeting Minutes
July 2, 2024
Page 9 of 16
A motion was made by Strickland, second McKean to oppose AB 2597 (Ward) Planning and zoning:
revision of housing element: regional housing need allocation appeals: Southern California Association
of Governments.
The motion carried by the following roll call vote:
AYES:
NOES:
Burns, Van Der Mark, Strickland, and McKean
None
ABSTAIN: Moser, Bolton, and Kalmick
F) AB3093 (Ward) Land use housing element, streamlined multifamily housing
A motion was made by Strickland, second McKean oppose AB 3093 (Ward) Land use: housing element:
streamlined multifamily housing.
The motion carried by the following roll call vote:
AYES:
NOES:
Burns, Van Der Mark, Strickland, and McKean
None
ABSTAIN: Moser, Bolton, and Kalmick
G) SB 7 (Blakespear) Regional housing need determination
Mayor Van Der Mark, with support from Councilmember Strickland, asked that this item be
withdrawn from consideration and referred back to the Intergovernmental Relations Committee
(IRC) since the item was recently amended. There were no objections.
H) AB 2574 (Valencia) Alcoholism or drug abuse recovery or treatment programs and
facilities disclosures
A motion was made by Strickland, second Bolton to support AB 257 4 (Valencia) Alcoholism or drug
abuse recovery or treatment programs and facilities: disclosures.
The motion carried by the following roll call vote:
AYES:
NOES:
Moser, Bolton, Burns, Van Der Mark, Strickland, McKean, and Kalmick
None
Community and Library Services
11. 24-468 Approved the naming of the Shipley Nature Center Interpretive Center located at
17851 Goldenwest Street as the "Shirley Dettloff Interpretive Center," as
recommended by the Community & Library Services Commission
A motion was made by Strickland, second Kalmick to approve the naming of the Shipley Nature Center
Interpretive Center located at 17851 Goldenwest Street, "Shirley Dettloff Interpretive Center," in honor of
Shirley Dettloff, as recommended by the Community & Library Services Commission.
The motion carried by the following roll call vote:
AYES:
NOES:
Public Works
City Council/PFA Regular Meeting Minutes
July 2, 2024
Page 10 of 16
Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, and Kalmick
None
12. 24-440 Approved and authorized execution of the Agreement for Acquisition and Escrow
Instructions for the purchase of two Encyclopedia Lots (APNs 110-152-23 and 110-
182-11 ), and appropriation of funds
A motion was made by Strickland, second Kalmick to approve the Agreement for Acquisition and Escrow
Instructions; and authorize the Mayor and City Clerk to execute the agreement and other related
documents; and authorize the City Manager to execute any other related escrow documents; and
authorize the appropriation of up to $72,000 from the Preliminary Park Development Impact-Non-
Residential Fund Account 23545001.81100.
The motion carried by the following roll call vote:
AYES:
NOES:
Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, and Kalmick
None
COUNCIL MEMBER ITEMS
13. 24-479 Approved Item Submitted by Mayor Van Der Mark, Mayor Pro Tern Burns and
Council Member McKeon -Proposed Charter Amendment -Environmental
Protections for General Plan Amendments
Councilmember McKeon introduced this item by describing the nearly year-long process which started
with Councilmember discussion on the 13,368 state-mandated Regional Housing Needs Assessment
(RHNA) which required Councilmembers to sign a Statement of Overriding Consideration confirming that
the 13,368 housing units were more important than the significant and unavoidable, and in some cases
permanent, negative impacts to the environment. He added that twenty percent (20%) of any
development would have to be designated as affordable housing. Negative impacts could include air
quality, noise, infrastructure, traffic, circulation, utilities, finite amount of water, and public safety
resources. The decision to impact the environment permanently and negatively is too important to be left
up to a majority of four Councilmembers, and the voters should make that decision.
Councilmember McKeon stated that many California cities have adopted a voter approval process for
planning and zoning General Plan changes, and noted that the state always uses the rationale that the
environment is a matter of statewide concern. He added that this proposed amendment will remove any
grey area and ambiguity from Measure C.
Council member McKeon described the three high levels of threshold that must be met before an item
would be submitted to the voters: 1) A city-initiated General Plan update or zoning change. This item will
not affect any private-sector project that pursues a zone change or General Plan update; 2) There must
be an accompanying Environmental Impact Report (EIR); and, 3) The EIR has to conclude that the
proposed General Plan update or zoning change presents significant and unavoidable negative impacts
to the environment. He explained that if all three of these thresholds are met, then any city-initiated
General Plan update or zoning change would go to a vote of the people. He noted that while he did
campaign against the previously proposed Charter amendments, this proposed amendment is needed
City Council/PFA Regular Meeting Minutes
July 2, 2024
Page 11 of 16
now in order to deal with the recent State SB 9 ruling which allows sub-dividing a single-family lot into
four units, and that SB 9 is unconstitutional as it pertains to charter cities like Huntington Beach.
Councilmember Kalmick stated that this item would appear to be about housing, but in his opinion, it is
Council absconding its policy-making authority to the voters. He continued that he could not find a
single city council that has placed such an overly broad charter amendment on their ballot, or voter
initiative for any non-charter city. He added this is politics at its worst and compared it to the proposed
library privatization effort which doesn't try to change procedures and policies. He stated that the current
Council majority is trying to get something unpopular on the ballot to negatively impact the efforts of
Councilmembers Bolton, Kalmick and Moser as they run for re-election in November.
Councilmember Kalmick stated this effort is not environmental stewardship and noted the Environmental
Board no longer exists, the Sustainability Master Plan has not been completed, a Climate Action Plan
has not been passed, there is no Mobility Master Plan, and discussions on bike lanes and walking paths
are just dismissed by the current Council majority. He added that the narrative associated with this item
is a rehash of the lawsuit recently lost in San Diego.
Councilmember Kalmick and Community Development Director Villasenor discussed the Housing
Element capacity of around 19,000 to 20,000 units, and noted the EIR evaluated a lesser number
because it also considered the General Plan buildout. Councilmember Kalmick noted that the California
Environmental Quality Act (CEQA) rubric has changed dramatically in the last five years, and added
there doesn't appear to be any sort of savings clause in the proposed amendment which in his opinion is
just set up for disaster as there is no provision provided for CEQA changes.
Councilmember Kalmick stated that councilmembers are elected to perform highly technical work, with
planning and executive staff, to make the best decisions possible, which includes reading the EIR
General Plan amendments. He asked how many voters would read the volumes of information required
in order to make an informed decision. He noted that the current council has not certified a single
Housing Element, and asked how they could ask the voters to do something they are obviously unwilling
to do themselves.
Councilmember Kalmick confirmed with Director Villasenor that Huntington Beach has not received any
SB 9 applications. He referenced SB 1333, passed in 2017/2018, which included language to ensure
location, development, approval and access to housing for all income levels in California is a statewide
concern, and not exclusively a municipal affair. He further referred to specific language used in the
referenced Redondo Beach action.
Councilmember Kalmick stated he believes this proposed action will remove the ability to be nimble and
meet the needs of the community without spending more money and time and burdening the voters with
a job that Councilmembers should be doing. He referenced two current state legislative bills addressing
Huntington Beach issues specifically: AB 1825 California Freedom to Read Act, and SB 117 4 Elections
and Voter Identification, as examples of how the state will probably respond if this item is approved.
Councilmember Kalmick noted that the current Council majority voted to repeal the EIR for the Beach-
Edinger Corridor Specific Plan and described the process required to proceed, noting that thankfully the
process was eventually abandoned. He noted the concern of the Auto Dealers Association, and stated
this is not a business-friendly amendment but rather would create a costly process that creates red tape.
He added that in addition to the environment and conservation element, each project must also be
evaluated for circulation, natural and environmental hazards, noise, public services, infrastructure,
historic and cultural resources and coastal elements. It just doesn't make any sense to ask the voters to
City Council/PFA Regular Meeting Minutes
July 2, 2024
Page 12 of 16
review a 10,000-page document for each proposed development project. Economic benefits need to be
weighed against environmental impacts according to CEQA criteria. CEQA criteria has expanded well
beyond oiled birds and pollution from smokestacks and now includes view shed corridors, tribal
consultations, bisecting distant communities, short-term noise, air quality issues and greenhouse gas
emissions. It is the responsibility of councilmembers to study all the documents, ask the hard questions
and in consultation with staff, to reach a conclusion.
Councilmember Kalmick stated on the surface this item appears to assert local control over the General
Plan and zoning, however it does just the opposite. Councilmembers need to pass a Housing Element.
He played a video of Yorba Linda's City Council discussion on the process, time and cost required to
implement their voter approval process and which also described the state's resources to ensure a city's
compliance with state development regulations. Councilmember Kalmick noted that not passing a
Housing Element will open Huntington Beach to state fines and the Builder's Remedy Act where a
developer is allowed to ignore the local building code and build what they want. He added this proposed
process is being rushed, will not allow time for proper public input, and in the end if California can just
exempt themselves from having to go through the CEQA process, it would just moot this proposed
charter amendment. The unintended consequences could break the rest of the things Huntington Beach
needs to do and hurt Huntington Beach businesses.
Councilmember Bolton questioned the validity of a statement made in supporting documents indicating
that city planning and zoning is a local municipal affair beyond the reach of state control. She noted the
courts have upheld the state's actions to regulate housing, such as requiring Housing Elements, time and
time again by ruling that state housing law pre-empts conflicting charter city ordinances despite the home
rule doctrine.
Councilmember Bolton stated she believes the reference to the state constitution in supporting
documentation is also misleading for the same reasons she already referenced. She added that Yorba
Linda and Costa Mesa's "Ballot Box Zoning" efforts have failed, and as shown in the previous video clip
shared by Councilmember Kalmick, Yorba Linda City Council is now desperately begging the residents
to do the opposite, i.e., pass a Housing Element, in order to maintain local control. She added that Costa
Mesa rolled back their "Ballot Box Zoning" measure shortly after it was passed because it stifled
residential and commercial development. Councilmember Bolton asked why Huntington Beach would go
down the same path when there is evidence of where it leads. She asked how this proposed
amendment differs from the ones implemented by Yorba Linda and Costa Mesa.
City Attorney Michael Gates responded that he had not seen either Yorba Linda or Costa Mesa's
amendments. He added that everything that Yorba Linda Councilmember Huang stated in the video clip
is accurate for a General Law City, which is a political subdivision of the state. He continued by
explaining a Charter City is different and clearly does have home rule authority. He also referenced the
last part of the SB 9 ruling which Councilmember Kalmick read parts of during his comments earlier:
"Accordingly, the court finds that SB 9 is neither reasonably related to ensuring access to affordable
housing nor narrowly tailored to avoid unnecessary interference into local governance. SB 9 is therefore
unconstitutional as violative of the home rule doctrine."
City Attorney Gates added that if there is a conflict between a home rule authority, which the Redondo
Beach court cited for a Charter City, that for a pre-emption to occur over a Charter City's home authority,
the state law has to be narrowly tailored in the least intrusive means in order to accomplish the goal. He
explained that is why SB 9 will stand upon appeal, and Huntington Beach has historically been able to
invoke its home rule authority even when it is contrary to state law. He continued by stating that if you
look at the federal case, the RHNA laws will or should fail because they've been on the books for
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July 2, 2024
Page 13 of 16
decades for General Law cities, and are not narrowly tailored to accomplish the state's goal of advancing
affordable housing.
City Attorney Gates added that the perfect example is the twenty percent (20%) inclusionary rate
mentioned earlier. With a RHNA number of 13,368 units, the first problem is that only about 8,100 of
those are for affordable housing. The next issue is that now developers have to honor the state law of
20% inclusionary rate which means they cannot come in and build 100% affordable housing because the
state wants to ensure a developer can afford to build. He added that the 8,100 divided by 20%
determines that nearly 41,000 high-density housing units must be built. This is a very intrusive, not least
intrusive, means and shows that the RHNA laws will fail against Charter cities when tested in court.
City Attorney Gates explained that the Huntington Beach federal case is ongoing, and the state case is
of a different nature. City Attorney Gates and Councilmember Bolton discussed several cases and he
noted that to date no case has been lost because the appeal court only issued an alternative writ, not
binding law. It was an advisory to the lower court and Huntington Beach is still in the middle of the case.
Councilmember Bolton continued by asking staff if the issue of the Housing Element goes away after the
voters reject it. Staff responded it is not likely that a failed vote would eliminate the Housing Element
issue. Councilmember Bolton stated that in her opinion this item really appears to be an illusion, and in
the end will result in state fines and the state taking over the Huntington Beach Building Department as
described by Yorba Linda Councilmember Huang. Councilmember Bolton stated this item is not being
honest and forthright with the residents, and it will not sidestep RHNA requirements.
Councilmember Strickland and Director Villasenor discussed the definition of "significant and
unavoidable environmental impact" thresholds which CEQA often changes through the years, and
confirmed the Housing Element is the only city-initiated significant environmental impact project in
Huntington Beach in the last few years.
Councilmember Strickland and City Attorney Gates discussed whether the proposed amendment is
"tightly" defined as stated by Councilmember McKean or is "broadly" defined as stated by
Councilmember Kalmick. City Attorney Gates noted that city charter language is generally basic to
invoke certain powers and authorities, and noted this specific amendment proposes giving the decision
authority to the voters if a city-initiated development plan results in significant and unavoidable
environmental impacts or needs a statement of overriding considerations. There was also discussion on
the difference between private and city-initiated development projects. City Attorney Gates noted this
proposed amendment is only directed at city-initiated, not private developer-initiated, projects.
Councilmember McKean agreed with City Attorney Gates that this proposed amendment would never
apply to any private industry, such as auto dealers, development plan seeking a zoning change.
Mayor Van Der Mark thanked Councilmember Kalmick for bringing forth the Yorba Linda Council meeting
video, and noted that Yorba Linda, as a General Law City, is also trying to fight the state's housing
mandates.
Councilmember McKean shared his opinion that comparing Council's review of the Library Department
budget with the concern for significant and unavoidable environmental impacts is not analogous. A
development project determined to have significant and unavoidable environmental impacts should have
voter approval to proceed, rather than just the support of a Council majority.
Councilmember McKean noted that very seldom will the high threshold in this proposed amendment be
triggered. He added that generally speaking mitigation options are often available and utilized and noted
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July 2, 2024
Page 14 of 16
that just because no SB 9 applications have been received to date does not mean there will not be such
applications in the future. He reviewed SB 9 as allowing for a single-family lot to be divided for building
two duplex units with no requirement for additional parking allowance. This proposed amendment will
not prevent the private sector from meeting free market demands, nor will it result in "rot" within the
community as Councilmember Kalmick stated.
In response to Councilmember Kalmick using the Pacific Airshow as a comparable situation for
environmental impact, Councilmember McKeon noted the Airshow is a temporary 3-day situation,
whereas the proposed charter amendment is intended to address permanent environmental impact
situations.
Councilmember McKeon stated this effort is not about the Housing Element, or just housing, but rather
about any city-initiated General Plan update or zoning change where the EIR finds significant and
unavoidable environmental impacts.
Councilmember Moser stated she believes this is a politically motivated effort that undermines Council
responsibility as elected officials to make informed decisions for the benefit of Huntington Beach. She
sees this as a tactic to delay and obstruct any development to serve a political agenda. The economic
impact of this proposal cannot be overstated, and the cost for potential legal battles and state penalties
will only exacerbate the issue. She added that Huntington Beach cannot survive a "forever" war with the
state of California.
Councilmember Moser stated that Council should work collaboratively with the community to develop
solutions that meet state requirements while also reflecting local priorities, focus on public outreach and
education to ensure residents understand the importance of a compliant Housing Element. She sees
this proposed charter amendment as a bad tactic and futile ploy that creates more chaos, and doesn't
address homelessness, housing affordability, aging infrastructure, climate resiliency, or create jobs for a
thriving community. She urged her colleagues to vote "No" on this item.
Mayor Pro Tern Burns stated he believes this proposed amendment will strengthen the City's Charter
with the intention to keep Huntington Beach a better place to live and protect Huntington Beach from
outside overreach which could lower the quality of life. He stated if there is no fight, there is no win, and
in his opinion, Huntington Beach is worth fighting for and he therefore supports this item.
Mayor Van Der Mark stated she is not against "development" and is interested in preventing Huntington
Beach from turning into Los Angeles.
Councilmember Kalmick stated that environmental thresholds are set by statutes which change all the
time, and he sees this effort as a "rock in the river" that CEQA will just maneuver around by establishing
very high thresholds so that any move will result in significant and unavoidable environmental impact.
He believes that approving this proposed amendment will burden private developers with the cost for
mitigating significant and unavoidable environmental impacts. He stated agreement with Yorba Linda
Councilmember Huang that this is not a building target, but a housing target. He added that if CEQA did
not exist, or the state exempts housing elements and zoning amendments associated with housing, then
this proposed amendment would become moot, and will just impact the City's ability to plan updates by
increasing costs to fund a special election or delay action to wait for a General Election.
Councilmember Kalmick stated this proposed amendment does not change any law and does not protect
Huntington Beach from Sacramento. He stated there is just not enough time to proceed responsibly to
get this on the November ballot. He also has concerns that the state can change thresholds and
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July 2, 2024
Page 15 of 16
anything Huntington Beach wants to do will create significant thresholds and will have to go out to the
voters.
Councilmember McKean stated he sees the next effort from the state will require the private sector to
produce housing, or cities will be penalized. The state's one-size for every city solution to housing is not
acceptable and it won't stop if cities do not fight against the mandates. He added if a beneficial
development project comes forth in the future, it will be incumbent upon Councilmembers to educate the
voters on its merits.
Councilmember Moser stated this is a very rushed process which will not allow for appropriate
discussion. She added that grant options for SB 2 funding for the homeless shelter are being passed up,
and currently Huntington Beach is ineligible for Orange County Housing Financing Trust developer "gap"
funding [because there is no certified Housing Element].
Councilmember McKean stated that one of the biggest fallacies of the 20% affordable housing
inclusionary rate is that it actually has an inverse effect because the other 80% is subsidizing the 20%. A
95% built out community does not have enough land to build single family homes, so in all like.lihood only
high-density apartments can be built. The 80% market rate units will drive up the market rate for the
entire city, thereby making the entire city more unaffordable as all rents are comp based.
A motion was made by McKean, second Van Der Mark to place on the November 2024 Ballot a
proposed Charter Amendment stating that "No City initiated general plan amendment or zoning change
may be approved by the City where the related environmental review (EIR) finds the same proposed
general plan update or zoning change presents "significant and unavoidable" negative impacts to the
environment, without first receiving approval by a vote of the people." The proposed Charter
Amendment should include language to the effect of "City Planning and Zoning is a local, "municipal
affair," beyond the reach of State control or interference; and City Planning and Zoning is a local activity
reserved for the City and its people, and not the State," and direct staff to bring back a proposed
November 2024 ballot initiative within thirty (30) days for City Council approval.
The motion carried by the following roll call vote:
AYES:
NOES:
ABSTAIN:
Burns, Van Der Mark, Strickland, and McKean
None
Moser, Bolton, and Kalmick
ADJOURNMENT-8:55 PM a motion was made by Strickland with a second by Burns to adjourn to the
next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority on
Tuesday, July 16, 2024, in the Civic Center Council Chambers, 2000 Main Street, Huntington Beach,
California.
INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA AND
STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT
http://www.huntingtonbeachca.gov
ATTEST:
City Clerk-Clerk
City Council/PFA Regular Meeting Minutes
July 2, 2024 6f/, Page 16of 16 ~~I~
City Clerk and ex-officio Clerk of the City Council
of the City of Huntington Beach and Secretary of
the Public Financing Authority of the City of
Huntington Beach, California