HomeMy WebLinkAbout2024-09-03Minutes
City Council/Public Financing Authority
City of Huntington Beach
Tuesday, September 3, 2024
4:30 PM -Council Chambers
6:00 PM -Council Chambers
Civic Center, 2000 Main Street
Huntington Beach, California 92648
A video recording of the 4:30 PM and 6:00 PM portions of this meeting
is on file in the Office of the City Clerk, and archived at
www.surfcity-hb.org/government/agendas/
4:30 PM -COUNCIL CHAMBERS
CALLED TO ORDER
ROLL CALL
Present:
Absent:
Moser, Bolton, Pat Burns, Van Der Mark, Strickland, McKeon, and Kalmick
None
Pursuant to Charter Section 31 O (a), City Clerk Robin Estanislau requested and, with no objections, was
granted permission to be absent from this meeting. Assistant City Clerk Juan Esquivel attended this
meeting in her place.
Pursuant to Charter Section 309 (d), City Attorney Michael Gates requested and, with no objections, was
granted permission to be absent from this meeting. Senior Deputy City Attorney Connor Hyland attended
this meeting in his place.
CITY COUNCIL MEMBER COMMENTS (3-Minute Time Limit)
Councilmember Bolton announced that September is Library Card Sign-Up Month; Councilmember
Moser announced that September is Childhood Cancer Awareness Month; and Mayor Pro Tern Burns
announced that September is Prostate Cancer Awareness Month.
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS PERTAINING TO STUDY/CLOSED
SESSION ITEMS (Received After Agenda Distribution) -None
PUBLIC COMMENTS PERTAINING TO STUDY SESSION/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/governmentlagerydas.
Dustin Clapp and David Clapp, Doing Business As (OBA) Jack's l3each Concessions, were called to
speak and stated their interest in continuing to serve the community through their generational family
business. (00:07:06)
Council/PFA Regular Meeting
September 3, 2024
Page 2 of 20
Mayor Van Der Mark announced Closed Session Titles for Item Nos. 2 -4 related to Real Property
Negotiations.
A motion was made by Strickland with a second by Burns to recess to Closed Session.
RECESSED TO CLOSED SESSION
CLOSED SESSION
1. 24-607 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of
subdivision (d) of Section 54956.9). Clayton-Tarvin (Gina) v. City of Huntington
Beach, et al.; OCSC Case No.: 30-2023-01329927.
2. 24-608 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: 60 Main Street,
Huntington Beach, CA 92648. City Negotiators: Eric Parra, Interim City Manager;
Travis Hopkins, Assistant City Manager; Kriss Casanova, Economic Development
Manager; Steve Holtz, Deputy Director of Community Development; Jennifer
Villasenor, Director of Community Development; William Krill, Real Estate Project
Manager. Negotiating parties: Persons to be negotiated with: (Not Present) Tina
Viray and Nelson Wescott OBA The Surf City Store Under negotiation: Price and
terms of lease
3. 24-609 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: 61 Main Street,
Huntington Beach, CA 92648. City Negotiators: Eric Parra, Acting City Manager;
Travis Hopkins, Assistant City Manager; Kriss Casanova, Economic Development
Manager; Steve Holtz, Deputy Director of Community Development; Jennifer
Villasenor, Director of Community Development; William Krill, Real Estate Project
Manager. Negotiating parties: Persons to be negotiated with: (Not Present) Dave
Shenkman OBA Kite Connection International Incorporated Under negotiation:
Price and terms of lease
4. 24-610 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: 21091 Pacific
Coast Highway, Huntington Beach, CA, 92648. (APN 024-281-16). Agency
Negotiators: Eric Parra, Interim City Manager; Travis Hopkins, Assistant City
Manager; Ashley Wysocki, Director of Community and Library Services; Chris Cole,
Community and Library Services Manager; William Krill, Real Estate Project
Manager Negotiating Parties: (Not Present) Dave Clapp OBA Jack's Beach
Concessions Under negotiation: Price and terms of lease
5. 24-626 CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION. (Paragraph (1) of
subdivisioR (d) of SeGtioR 64966.9). DaRiels (ERda) v. City of HuRtiRgtoR BeaGh;
OCSC Case No.: 30 2023 01316163.
6:00 PM -COUNCIL CHAMBERS
RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING -6:00 PM
ROLL CALL
Present: Moser, Bolton, Pat Burns, Van Der Mark, Strickland, McKeon, and Kalmick
Council/PFA Regular Meeting
September 3, 2024
Page 3 of 20
Absent: None
Pursuant to Charter Section 310 (a), City Clerk Robin Estanislau requested and, with no objections, was
granted permission to be absent from this meeting. Assistant City Clerk Juan Esquivel attended this
meeting in her place.
Pursuant to Charter Section 309 (d), City Attorney Michael Gates requested and, with no objections, was
granted permission to be absent from this meeting. Senior Deputy City Attorney Connor Hyland attended
this meeting in his place.
PLEDGE OF ALLEGIANCE -Led by Huntington Beach Fire Chief Haberle.
INVOCATION
In permitting a nonsectarian invocation, the City does not intend to proselytize or advance any faith or
belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation.
6. 24-554 Huntington Beach Police Chaplain Bob Ewing
CLOSED SESSION REPORT BY CITY ATTORNEY -None
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution)
Pursuant to the Brown "Open Meetings" Act, Assistant City Clerk Juan Esquivel announced supplemental
communications that were received by his office following distribution of the Council Agenda packet
which were all uploaded to the City's website and Councilmember iPads: Consent Calendar Items. #10
(1 email communication); #11 (6 email communications); #16 (1 email communication); Ordinances for
Introduction. Item #20 (51 email communications); Councilmember Items #21 (9 email communications);
#22 (4 email communications); #23 (13 email communications).
AWARDS AND PRESENTATIONS
Mayor Van Der Mark announced that September is National Service Club Month and recognized the
following Service Clubs: American Legion, Elks Lodge, Kiwanis, Lions Club, Robyne's Nest and Rotary
Club. Mayor Van Der Mark noted that each Club will be individually recognized at the next Mayor's
Spotlight Award event, and called Club representatives forward for a picture with Councilmembers.
PUBLIC COMMENTS (2-Minute Time Limit due to number of speakers) -50 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.
Wendy Rincon, 50-year Huntington Beach resident, was called to speak and stated opposition to
Ordinances for Introduction Item #20, Ordinance No. 4326 regarding adding Chapter 1.23 to the
Huntington Beach Municipal Code relating to Parents' Right to Know City. (00:22:57)
Dom McGee was called to speak and stated his support for former Navy Seal Council Candidate Chad
Williams in November 2024. (00:25:06)
Andrew Einhorn was called to speak and stated his support for Council Candidates Bolton, Kalmick and
Moser in November 2024. (00:27:24)
Council/PFA Regular Meeting
September 3, 2024
Page 4 of 20
Unnamed Speaker was called to speak and stated support for Council Candidates Bolton, Kalmick and
Moser in November 2024. (00:29:33)
Bethany Webb, 40+-year Huntington Beach resident, was called to speak and stated opposition to
Ordinances for Introduction for Ordinance No. 4326 regarding adding Chapter 1.23 to the Huntington
Beach Municipal Code relating to Parents' Right to Know City. (00:32:03)
Unnamed Speaker was called to speak and stated support for Councilmember Items #23 submitted by
Councilmembers Bolton, Kalmick and Moser demanding the resignation of Supervisor Andrew Do, and
opposition to Ordinances for Introduction Item #20, Ordinance No. 4326 regarding adding Chapter 1.23
to the Huntington Beach Municipal Code relating to Parents' Right to Know City. (00:34:19)
Ms. Lingan, a 24-year Huntington Beach resident, was called to speak and stated opposition to
Ordinances for Introduction Item #20, Ordinance No. 4326 regarding adding Chapter 1.23 to the
Huntington Beach Municipal Code relating to Parents' Right to Know City. (00:36: 17)
Unnamed Speaker, a 45-year Huntington Beach resident, stated support for Ordinances for Introduction
Item #20, Ordinance No. 4326 regarding adding Chapter 1.23 to the Huntington Beach Municipal Code
relating to Parents' Right to Know City, and support for Council Candidates Don Kennedy, former Navy
Seal Chad Williams and Butch Twining in November 2024. (00:37:35)
Janet Jacobs, 40-year Huntington Beach resident, was called to speak and stated support for Council
Candidates Don Kennedy, former Navy Seal Chad Williams and Butch Twining in November 2024.
(00:39:39)
Amory Hanson was called to speak and shared his support for Measure U on the November 2024 ballot,
and commended City Attorney Michael Gates for his August 6, 2024, reports. (00:41 :53)
Dixie Terry, Huntington Beach homeowner, was called to speak and shared details related to what she
considers shoddy repairs to her home from a company hired by her Home Owner Association which she
believes do not meet Huntington Beach building codes. Ms. Terry asked for City Council's assistance to
determine why proper permits were not required. Mayor Van Der Mark asked Ms. Terry to complete a
blue card for staff follow-up. (00:43: 15)
Stacey Grosvenor, 24-year Huntington Beach resident homeowner, was called to speak and stated
opposition to Ordinances for Introduction Item #20, Ordinance No. 4326 regarding adding Chapter 1.23
to the Huntington Beach Municipal Code relating to Parents' Right to Know City. (00:45:45)
Pat Goodman was called to speak and stated her opposition to Measure U on the November 2024 ballot
as she believes more needs to be done to provide affordable housing in Huntington Beach. (00:47:58)
Charles Jackson, 23-year Huntington Beach resident, was called to speak and suggested the City would
save money if it re-joined the Orange County Power Authority (OCPA) to offer energy options for
residents. (00:50:14)
Joey Macesies, Gays Against Groomers, California Chapter Outreach and Events Coordinator, was
called to speak and stated support for Ordinances for Introduction Item #20, Ordinance No. 4326
regarding adding Chapter 1.23 to the Huntington Beach Municipal Code relating to Parents' Right to
Know City. (00:52:06)
Council/PFA Regular Meeting
September 3, 2024
Page 5 of 20
Linda Diaz was called to speak and thanked Councilmembers for LeBard Park renovations, ensuring
pornographic material is properly located in Huntington Beach Public Libraries, and stated support for
former Navy Seal Chad Williams Council Candidate in November 2024. (00:53:50)
Luanne Nichols Shoup, fourth generation Huntington Beach property owner, was called to speak and
stated support for Consent Calendar Item #12 to approve the Huntington Beach Downtown Business
Improvement District's (District Annual Report and Budget for Fiscal Year (FY) 2024-2025. Ms. Shoup
noted the great improvement to the Downtown District area shortly after Councilmembers Burns,
McKeon, Strickland and Van Der Mark were elected to office and suggested even more can be done.
(00:56:05)
Ann Palmer was called to speak and noted the successful Civil War Days event. She asked for cleaning
of the Downtown District area after special events, suggested not allowing for exceptions to future zoning
changes, and stated support for encouraging parent/guardian and teacher communication. Ms. Palmer
also shared her concerns regarding the Magnolia Tank Farm Development. (00:58:11)
Kanan Durham was called to speak and stated opposition to Ordinances for Introduction Item #20,
Ordinance No. 4326 regarding adding Chapter 1.23 to the Huntington Beach Municipal Code relating to
Parents' Right to Know City. (01 :00:22)
Samuel Carsillas, Gays Against Groomers California Chapter Leader, was called to speak and stated
support for Ordinances for Introduction Item #20, Ordinance No. 4326 regarding adding Chapter 1.23 to
the Huntington Beach Municipal Code relating to Parents' Right to Know City. (01 :03:14)
Urson Russell was called to speak and shared his opinions regarding common sense vs ideological
blindness and asked that government leave the kids alone. (01 :04:55)
Unnamed Speaker was called to speak and shared his support for military heroes like former Navy Seal
Chad Williams Council Candidate in November 2024 and the many military heroes who have and
continue to defend the United States. (01 :07:09)
Unnamed Speaker was called to speak and as an Army Nurse Corps veteran noted she no longer carries
her former 1st Lieutenant title. She stated opposition to local election laws, Ordinances for Introduction
Item #20, Ordinance No. 4326 regarding adding Chapter 1.23 to the Huntington Beach Municipal Code
relating to Parents' Right to Know City, as well as interfering with librarians running the libraries.
(01 :09:36)
Joyce Rilley was called to speak and commended City Attorney Michael Gates for his outstanding
achievements, including prevailing in a lawsuit last year which returned $30M to Huntington Beach from
the State and for championing law and order within Huntington Beach through his criminal prosecution
program which has reduced crime by 11% since 2017. (01:11:23)
Jasemine Stoelting was called to speak and expressed her appreciation for City Attorney Michael Gates
not only for his service as an elected official, but also for all of the ways he is involved through his
personal commitment to benefit Surf City children and families, and stated support for former Navy Seal
Chad Williams Council Candidate in November 2024. (01 :12:49)
Butch Twining, 59-year Huntington Beach resident and Air Force veteran, was called to speak and
shared his opinions on the recent lawsuit against Chad Williams, and encouraged voters to support
Council/PFA Regular Meeting
September 3, 2024
Page 6 of 20
former Navy Seal Chad Williams, Butch Twining and Don Kennedy as Council Candidates in November
2024. (01:14:57)
Jeanne Goodin was called to speak and expressed her appreciation for City Attorney Michael Gates who
is focused on providing quality legal representation for the benefit of Huntington Beach and keeping the
City free and safe from the tentacles of the State. (01:16:30)
Deon, a long-time Huntington Beach resident, was called to speak and expressed her appreciation to the
four most recently elected Councilmembers and City Attorney Michael Gates for standing up to the State
of California. (01: 18:42)
Unnamed Speaker was called to speak and thanked all Council members for doing their best to serve
Huntington Beach. He asked why a traffic light is being installed on each end of Admiralty Drive bridge
and stated he sees this project as a waste of resources. (01 :20: 11)
Dr. Frances Marquez, City of Cypress Councilmember and Orange County Board of Supervisors District
One Candidate in November 2024, was called to speak and stated her support for Councilmember Items
#23 submitted by Councilmembers Bolton, Kalmick and Moser demanding the resignation of Supervisor
Andrew Do. (01 :22:57)
Tim Geddes was called to speak and stated his reasons for opposing the three Council Candidates in the
November 2024 election which are supported by the current Council majority. Mr. Geddes stated support
for Councilmember Items #23 submitted by Councilmembers Bolton, Kalmick and Moser demanding the
resignation of Supervisor Andrew Do. (01 :25: 11)
Mary Jo Baretich, 41-year Huntington Beach resident, was called to speak and stated support for Public
Hearing Item #19 regarding adoption of Ordinance No. 4321, specifically changing the zoning from
"industrial" to "residential medium density" for the land along Newland Street most recently used for
parking for people working on the latest AES facility construction. She recommended also updating
zoning discrepancies between the zoning map and the General Plan map for specific parcels located at
Beach Boulevard and Pacific Coast Highway, as well as specific parcels at the corner of Newland Street
and Pacific Coast Highway. (01 :27: 14)
Harry F. Mclachlan, a resident of Huntington Beach, was called to speak and expressed his opposition
to Council Candidates Don Kennedy, Butch Twining and Chad Williams. (01 :29:25)
Larry Slonim, a 40+-year Huntington Beach resident, was called to speak and stated opposition to
Ordinances for Introduction Item #20, Ordinance No. 4326 regarding adding Chapter 1.23 to the
Huntington Beach Municipal Code relating to Parents' Right to Know City, as it is currently written, and
suggested either tabling the item for further review, or bringing it back as a ballot item for voter
consideration. (01 :30:51)
Larry Schiel, 34-year Huntington Beach homeowner, was called to speak and stated support for the
existing City Charter and opposition to the efforts to change it by increasing Councilmember pay,
removing Councilmember oversight over the Public Library system, and removing the election process
for the City Clerk, City Treasurer and City Attorney. Councilmember Moser asked Mr. Schiel to complete
a blue card for follow-up. (01 :33:03)
Council/PFA Regular Meeting
September 3, 2024
Page 7 of 20
Russ Neal, resident of Huntington Beach, was called to speak and stated support for Ordinances for
Introduction Item #20, Ordinance No. 4326 regarding adding Chapter 1.23 to the Huntington Beach
Municipal Code relating to Parents' Right to Know City. (01:35:17)
Ken Inouye, a 50-year Huntington Beach resident, was called to speak and shared his concern that the
City Manager position has not been filled. He also addressed the budget deficit, which he believes would
increase by $35M per year if the budget included funding for needed infrastructure and repair costs, and
encouraged Councilmembers to focus on issues directly related to the well-being of Huntington Beach.
(01 :37: 11)
Steve Engel was called to speak and stated support for Consent Calendar Item #11 regarding the
renaming of a portion of Huntington Central Park to "Huntington Central Park Nature Plateau" as
recommended by the Community & Library Services Commission. (01 :39:22)
Unnamed Speaker was called to speak and stated support for Mr. lnouye's comments regarding the
budget deficit. Unnamed Speaker also stated support for more affordable and moderate-income housing
which will increase development and property tax revenues. (01:41:10)
Unnamed Speaker invited residents to sign petitions to keep Councilmembers from deciding what
Huntington Beach residents can read and stop the efforts to sell out the library system. (01 :43:39)
Joe Shapiro was called to speak and stated he was using his speaking time to share a video but a video
was not available. (01 :46:03)
Jeff Beal, a 3-year Huntington Beach resident, was called to speak and stated his opposition to getting
Huntington Beach employees involved in the intimate lives of children. (01 :47:25)
Christopher Rini, 43-year-old Huntington Beach native, was called to speak and stated opposition to
Ordinances for Introduction Item #20, Ordinance No. 4326 regarding adding Chapter 1.23 to the
Huntington Beach Municipal Code relating to Parents' Right to Know City. (01 :48: 13)
Perry Clitheroe was called to speak and stated opposition to Ordinances for Introduction Item #20,
Ordinance No. 4326 regarding adding Chapter 1.23 to the Huntington Beach Municipal Code relating to
Parents' Right to Know City. (01 :50: 17)
Unnamed Speaker was called to speak and stated support for Ordinances for Introduction Item #20,
Ordinance No. 4326 regarding adding Chapter 1.23 to the Huntington Beach Municipal Code relating to
Parents' Right to Know City. (01 :51 :46)
Kathy Carrick was called to speak and stated support for former Navy Seal Council Candidate Chad
Williams as well as Don Kennedy and Butch Twining in November 2024. (01 :53:59)
Kim Sorgente, was called to speak and read a message on behalf of Tony Roman, owner of Basilico's
Restaurant, stating support for Councilmember Items #21 submitted by Mayor Pro Tern Burns to
establish a flagpole at Baca Park in honor of Vietnam Veteran Medal of Honor recipient John P. Baca.
(01 :56:07)
Unnamed Speaker was called to speak and stated opposition to the government push to encourage
children to lie to or keep secrets from their parents. (01 :58:21)
Council/PFA Regular Meeting
September 3, 2024
Page 8 of 20
David Rynerson, 27-year Huntington Beach resident, was called to speak and stated opposition to
Ordinances for Introduction Item #20, Ordinance No. 4326 regarding adding Chapter 1.23 to the
Huntington Beach Municipal Code relating to Parents' Right to Know City and support for Council
Candidates Bolton, Kalmick, Moser and City Clerk Candidate Blankenhorn in November 2024. (02:00:39)
Gina Clayton-Tarvin, Ocean View School District Board of Trustees Clerk and former President, and 29-
year elementary teacher, was called to speak and stated opposition to Ordinances for Introduction Item
#20, Ordinance No. 4326 regarding adding Chapter 1.23 to the Huntington Beach Municipal Code
relating to Parents' Right to Know City. (02:02:24)
COUNCIL COMMITTEE APPOINTMENT ANNOUNCEMENTS -None
AB 1234 REPORTING-None
OPENNESS IN NEGOTIATION DISCLOSURES -None
CITY MANAGER'S REPORT -None
CONSENT CALENDAR (Items 7 -18)
Councilmember Bolton pulled Items #9 and #16 and Councilmember McKean pulled Items #12 and #15
for further discussion.
City Clerk
7. 24-553 Approved and Adopted Minutes
A motion was made by Strickland, second Van Der Mark to approve and adopt the City Council/Public
Financing Authority regular meeting minutes of August 6, 2024.
The motion carried by the following roll call vote:
AYES:
NOES:
Moser, Bolton, Pat Burns, Van Der Mark, Strickland, McKean, and Kalmick
None
8. 24-555 Approved Monthly Update of Activities for Citizen Boards, Commissions,
Committees (BCCs) and Regional Agencies -August 2024
A motion was made by Strickland, second Van Der Mark to Receive and File.
The motion carried by the following roll call vote:
AYES:
NOES:
City Manager
Moser, Bolton, Pat Burns, Van Der Mark, Strickland, McKean, and Kalmick
None
9. 24-572 Adopted Resolution No. 2024-45 appointing David Cain as Interim Chief Financial
Officer and approved the Employment Agreement
Council/PFA Regular Meeting
September 3, 2024
Page 9 of 20
Councilmember Bolton pulled this item to confirm with staff the recruiting plan for permanently filling the
Chief Financial Officer position, and asked if any current employee had applied. Staff responded that
open recruiting is currently taking place, applications are being reviewed to schedule interviews, and no
current employees have yet applied.
A motion was made by Bolton, second Moser to adopt Resolution No. 2024-45, "A Resolution of the City
Council of the City of Huntington Beach Appointing David Cain as Interim Chief Financial Officer;" and
approve and authorize the City Manager to execute the "Employment Agreement between the City of
Huntington Beach and David Cain."
The motion carried by the following roll call vote:
AYES:
NOES:
Moser, Bolton, Pat Burns, Van Der Mark, Strickland, McKeon, and Kalmick
None
Community and Libraty Services
10. 24-597 Approved and authorized execution of a Lease Agreement between the City of
Huntington Beach and HBSC Partners, LLC, for operation of two food concessions
at the Huntington Beach Sports Complex located at 19260 Goldenwest Street and
7300 Talbert Avenue
A motion was made by Strickland, second Van Der Mark to approve and authorize the Mayor and City
Clerk to execute the "Lease Agreement Between the City of Huntington Beach and HBSC Partners, LLC,
for Operation of Food Concessions at the Huntington Beach Sports Complex."
The motion carried by the following roll call vote:
AYES:
NOES:
11. 24-593
Moser, Bolton, Pat Burns, Van Der Mark, Strickland, McKean, and Kalmick
None
Approved the naming of the area located on the upper east side of Huntington
Central Park commonly referred to as "The Nature Plateau," to "Huntington Central
Park Nature Plateau" as recommended by the Community & Library Services
Commission
A motion was made by Strickland, second Van Der Mark to approve the naming of the area of Huntington
Central Park referred to as "The Nature Plateau," to "Huntington Central Park Nature Plateau" as
recommended by the Community & Library Services Commission.
The motion carried by the following roll call vote:
AYES:
NOES:
Moser, Bolton, Pat Burns, Van Der Mark, Strickland, McKean, and Kalmick
None
Community Development
12. 24-592 Approved the Huntington Beach Downtown Business Improvement District's
(District) Annual Report and Budget for Fiscal Year (FY) 2024-2025 and Adopt
Council/PFA Regular Meeting
September 3, 2024
Page 10 of 20
Resolution No. 2024-41 to continue levying an Annual Assessment on businesses
within the District, with a public hearing scheduled for October 1, 2024
Councilmember McKean pulled this item to ask staff if it is possible to ensure enhanced street and
sidewalk cleaning early in the morning after big events. Kriss Casanova, Economic Development
Manager, responded that currently there is an effort to establish peak and off-peak hours for services and
any proposed changes will be brought back [for Council approval].
Councilmember Moser noted for the benefit of the public record that permits include trash and clean-up
fees, and suggested it is important to regularly review if any policy changes are needed.
Councilmember McKean confirmed with Manager Casanova that replacement bollards for the front of
Starbucks have been ordered.
A motion was made by McKean, second Strickland to approve the Huntington Beach Downtown
Business Improvement District Annual Report and Budget for FY 2024-2025; and, adopt Resolution No.
2024-41, "A Resolution of the City Council of the City of Huntington Beach Declaring the City's Intention
to Levy an Annual Assessment for FY 2024-2025 within the Huntington Beach Downtown Business
Improvement District," and schedule a public hearing on October 1, 2024, to consider the continuation of
the Huntington Beach Downtown Improvement District.
The motion carried by the following roll call vote:
AYES:
NOES:
Fire
Moser, Bolton, Pat Burns, Van Der Mark, Strickland, McKean, and Kalmick
None
13. 24-534 Approved and authorized execution of a Professional Services Contract with Hoag
Clinic for medical/wellness blood cancer and ultrasound screening
A motion was made by Strickland, second Van Der Mark to approve and authorize the Mayor and City
Clerk to execute a Professional Services Contract between the City of Huntington Beach and Hoag Clinic
for medical/wellness blood cancer and ultrasound screening for an amount not to exceed $158,720.
The motion carried by the following roll call vote:
AYES: Moser, Bolton, Pat Burns, Van Der Mark, Strickland, McKean, and Kalmick
NOES: None
14. 24-600 Approved and authorized execution of Amendment No. 1 to the American Integrated
Services, Inc. agreement for the Miley Keck Tank Farm Lease Closure and approved
an appropriation of $241,039
A motion was made by Strickland, second Van Der Mark to approve and authorize Mayor and City Clerk
to execute Amendment No. 1 to the American Integrated Services, Inc. agreement for the Miley Keck
Tank Farm Lease Closure, in the amount of $149,599 plus a 15% contingency; and, approve an
appropriation of $241,039 from HB Recovery Funds to the Oil Well Abandonment business unit
31465001.82800.
Council/PFA Regular Meeting
September 3, 2024
Page 11 of 20
The motion carried by the following roll call vote:
AYES:
NOES:
15. 24-599
Moser, Bolton, Pat Burns, Van Der Mark, Strickland, McKeon, and Kalmick
None
Approved and authorized execution of an agreement between the California
Department of Health Care Services (DHCS) and City of Huntington Beach;
Approved and authorized execution of a Health Plan-Provider Agreement -
Intergovernmental Transfer Rate Range Program Agreement between CalOptima
Health and the City of Huntington Beach; Authorized designated City staff to
execute the agreements; and, Approved an appropriation of $468,843 for the
agreements during FY 2024/25
Councilmember McKeon pulled this item to invite Fire Department staff review of this important
agreement for benefit of the public.
Jeff Lopez, Fire Division Chief, explained this item is a funding opportunity to participate in CalOptima's
variable rate range program which includes return of State and Federal monies. This program provides a
Return on Investment (ROI) of about 142%, or $3.9M if this agreement is approved.
A motion was made by McKeon, second Strickland to approve and authorize execution of an agreement
between the California Department of Health Care Services (DHCS) and City of Huntington Beach;
B) Approve and authorize Mayor and City Clerk to execute the Health Plan-Provider Agreement -
Intergovernmental Transfer Rate Range Program Agreement between CalOptima Health and City of
Huntington Beach; authorize the designation of the City Manager, Chief Financial Officer, and/or Fire
Chief to execute the agreements; and approve an appropriation of $468,843 to business unit 10065403
for the agreements during FY 24/25.
The motion carried by the following roll call vote:
AYES:
NOES:
Moser, Bolton, Pat Burns, Van Der Mark, Strickland, McKeon, and Kalmick
None
Human Resources
16. 24-590 Adopted Resolution No. 2024-44 Amending the Memorandum of Understanding
Between the City and Huntington Beach Management Employees' Organization by
Adopting a Side Letter of Agreement
Councilmember Bolton pulled this item, which involves increased pay for the attorneys in the City
Attorney's Office and asked staff for clarification on the letter received from the Teamsters Union (HBMT).
Assistant City Manager Travis Hopkins clarified that the HBMT inquiry was asking for information, and
added that HBMT is not part of the bargaining unit (HBMEO) for this item.
A motion was made by Bolton, second Strickland to adopt Resolution No. 2024-44, "A Resolution of the
City Council of the City of Huntington Beach Amending the Memorandum of Understanding Between the
City and the Huntington Beach Management Employees' Organization (MEO) by Adopting a Side Letter
of Agreement."
Council/PFA Regular Meeting
September 3, 2024
Page 12 of 20
The motion carried by the following roll call vote:
AYES:
NOES:
Public Works
Moser, Bolton, Pat Burns, Van Der Mark, Strickland, McKeon, and Kalmick
None
17. 24-567 Approved and authorized the execution of the Cooperative Agreement for Disaster-
Related Debris Management Services with DRC Pacific, Inc.
A motion was made by Strickland, second Van Der Mark to approve and authorize the Mayor and City
Clerk to execute the Cooperative Agreement for Disaster-Related Debris Management Services with
DRC Pacific, Inc.
The motion carried by the following roll call vote:
AYES:
NOES:
18. 24-577
Moser, Bolton, Pat Burns, Van Der Mark, Strickland, McKeon, and Kalmick
None
Accepted the lowest responsive and responsible bid and authorized execution of a
construction contract with TTS Engineering Inc in the amount of $174,624 for the
Retaining Wall Rehabilitation Project, CC-1770
A motion was made by Strickland, second Van Der Mark to accept the lowest responsive and responsible
bid submitted by TTS Engineering in the amount of $174,624; 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 contract construction
costs, or $26, 194.
The motion carried by the following roll call vote:
AYES:
NOES:
Moser, Bolton, Pat Burns, Van Der Mark, Strickland, McKeon, and Kalmick
None
PUBLIC HEARING
19. 24-551 Continued to the October 1, 2024, City Council meeting with the Public Hearing
open, to Approve Introduce Zoning Map Amendment No. 23-001 by adopting
Ordinance No. 4306; Approve Introduce Zoning Map Amendment No. 23-002 by
adopting Ordinance No. 4316; Appro•,e Introduce Zoning Map Amendment No. 24-
001 by adopting Ordinance No. 4321; Approve Introduce Zoning Map Amendment
No. 24-003 by adopting Ordinance No. 4323; Approve Introduce Zoning Map
Amendment No. 24-004 by adopting Ordinance No. 4324; Approve Introduce Zoning
Map Amendment No. 24-005 by adopting Ordinance No. 4325; Approve Introduce
Local Coastal Program Amendment No. 24-001 by adopting Resolution No. 2024-14
Pursuant to the Brown "Open Meetings" Act, Assistant City Clerk Juan Esquivel announced supplemental
communications that were received by his office following distribution of the Council Agenda packet
which were all uploaded to the City's website and Councilmember iPads: 1 Staff memo and 12 email
communications.
Council/PFA Regular Meeting
September 3, 2024
Page 13 of 20
Ricky Ramos, Planning Manager, presented a PowerPoint communication titled Zoning Map
Amendment, with slides entitled Request; Background; Analysis; Existing Zoning; Amended Zoning;
Example 1: Bartlett Park (2); Example 1: Existing; Example 1: Proposed; Example 2: Temporary Parking
Lot (2); Example 2: Existing; Example 2: Proposed; Example 3: SCE Sites along Santa Ana River
Channel (2); Example 3: Existing; Example 3: Proposed; Example 4: Single Family Residential (2);
Example 4: Existing; Example 4: Proposed; Planning Commission; Recommendation and Questions?
Mayor Van Der Mark opened the Public Hearing.
Assistant City Clerk Juan Esquivel announced there were no public speakers.
Mayor Pro Tern Burns stated that after several hours of personal investigation and a couple of meetings
with staff, he still has a lot of questions related to this item and made a motion to continue this Public
Hearing to October 1, 2024. Mayor Pro Tern Burns explained he would like some time to learn more
about the General Plan so he can make a more educated vote on this item.
Councilmember Kalmick stated most of this is just General Plan clean-up and noted the concerns of
Public Speaker Mary Jo Baretich relate to future considerations. Councilmember Kalmick stated he has
no problem with someone needing more time for more information, and confirmed with staff that a re-
notice for the Public Hearing is not required when the meeting is continued to a date specific.
Councilmember Moser noted that a number of mobile home owners are deeply concerned about this
item, and staff confirmed that nothing changes through this item for any mobile home parks, nor are any
changes to mobile home parks anticipated for the future.
A motion was made by Pat Burns, second Van Der Mark to continue this open Public Hearing to
October 1, 2024. Find the proposed project exempt from the California Environmental Quality Act
(CEQA) pursuant to Section 15183, Projects Consistent with a Community Plan or Zoning. Approve the
following:
1. Zoning Map Amendment No. 23-001 with findings (Attachment No. 1) and introduce Ordinance No.
4306, "An Ordinance of the City Council of the City of Huntington Beach Amending the Huntington Beach
Zoning and Subdivision Ordinance to Rezone 17 Parcels Consisting of City Parks and City Owned
Property into Conformance with their General Plan Designations (Zoning Map Amendment No. 23-001 )";
(Attachment No. 7); 2. Zoning Map Amendment No. 23-002 with findings (Attachment No. 2) and
introduce Ordinance No. 4316, "An Ordinance of the City Council of the City of Huntington Beach
Amending the Huntington Beach Zoning and Subdivision Ordinance to Rezone 18 Parcels Consisting of
Churches and Schools into Conformance with their General Plan Designations (Zoning Map Amendment
No. 23-002)"; (Attachment No. 8); 3. Zoning Map Amendment No. 24-001 with findings (Attachment No.
3) and introduce Ordinance No. 4321, "An Ordinance of the City Council of the City of Huntington Beach
Amending the Huntington Beach Zoning and Subdivision Ordinance to Rezone 23 Parcels within the
Coastal Zone to be in Conformance with their General Plan Designations (Zoning Map Amendment No.
24-001)"; (Attachment No. 9); 4. Zoning Map Amendment No. 24-003 with findings (Attachment No. 4)
and introduce Ordinance No. 4323, "An Ordinance of the City Council of the City of Huntington Beach
Amending the Huntington Beach Zoning and Subdivision Ordinance to Rezone 42 Parcels Consisting of
Utility Type Uses into Conformance with their General Plan Designations (Zoning Map Amendment No.
24-003)"; (Attachment No. 10); 5. Zoning Map Amendment No. 24-004 with findings (Attachment No. 5)
and introduce Ordinance No. 4324, "An Ordinance of the City Council of the City of Huntington Beach
Amending the Huntington Beach Zoning and Subdivision Ordinance to Rezone 5 Parcels Consisting of
Commercial Uses into Conformance with their General Plan Designations (Zoning Map Amendment No.
Council/PFA Regular Meeting
September 3, 2024
Page 14 of 20
24-004)"; (Attachment No. 11); 6. Zoning Map Amendment No. 24-005 with findings (Attachment No. 6)
and introduce Ordinance No. 4325, "An Ordinance of the City Council of the City of Huntington Beach
Amending the Huntington Beach Zoning and Subdivision Ordinance to Rezone 28 Inconsistently Zoned
Parcels into Conformance with their Residential General Plan Designations (Zoning Map Amendment
No. 24-005)"; (Attachment No. 12); 7. Local Coastal Program Amendment (LCPA) No. 24-001 with
findings (Attachment No. 3) by introducing City Council Resolution No. 2024-14, "A Resolution of the City
Council of the City of Huntington Beach Adopting Local Coastal Program Amendment No. 24-001 and
Requesting Certification by the California Coastal Commission"; (Attachment No. 9).
The motion carried by the following roll call vote:
AYES:
NOES:
Moser, Bolton, Pat Burns, Van Der Mark, Strickland, McKean, and Kalmick
None
ORDINANCES FOR INTRODUCTION
20. 24-622 Approved for Introduction Ordinance No. 4326 Adding Chapter 1.23 of the
Huntington Beach Municipal Code Relating to Parents' Right to Know City
Assistant City Manager Travis Hopkins introduced this item and provided a brief verbal history.
Councilmember Bolton stated the City does not have any jurisdiction over the matter of education policy
and practice. She added it would be a fiduciary breach of the public's money to approve this.
Councilmember Bolton stated she is concerned about giving the City Attorney the power to represent any
individual plaintiff, as opposed to representing the City, as she does not see any part of the City Charter
that allows this.
Senior Deputy City Attorney Connor Hyland responded that it is unusual to allow the City Attorney's
Office to represent individuals, and noted in the past City Council has authorized this or spending City
funds to hire outside counsel to represent individuals when it was determined that action would benefit
the City. He acknowledged he did not have any specific examples at the moment, and agreed to try to
get that information before the next Council meeting.
Councilmember Kalmick stated he understands the politics of this ordinance, but doesn't understand
what it will actually accomplish. He believes this effort should be a resolution rather than an ordinance.
He asked Senior Deputy City Attorney Hyland if any violation of the municipal code is an infraction or a
misdemeanor. Senior Deputy City Attorney Hyland replied a violation would result in an Administrative
Citation unless the code describes it as a misdemeanor.
Councilmember Kalmick stated that currently only building codes provide for legal findings, and asked
why the City would try to step into the middle of private and highly personal situations. Councilmember
Kalmick listed the typical services that a municipality provides and added there is nothing that relates to
what this ordinance proposes. He added that Items Kand M do not apply to Huntington Beach, and
there is no definition of terms like "educator" or "who work in".
Councilmember Kalmick stated he is not aware of a single Huntington Beach parent who has
communicated this is a problem that needs to be solved by the City. He added that in Section 1.23.030
Item B that the City Council already has the right to "upon a majority vote of the City Council, the City
Attorney may initiate a legal action on behalf of the City of Huntington Beach" and asked why AB 1955 is
not defined anywhere. He also noted that Resolution No. 2015-61 listed in Item D makes no reference to
Council/PFA Regular Meeting
September 3, 2024
Page 15 of 20
"The City Attorney may immediately engage in defense of the City in any legal challenge brought by the
State or other agency for the City's adoption of this Ordinance," rather it does allow the City Attorney to
initiate or prosecute on behalf of a City complaint, cross-complaint, or counter-claims related to, or claims
related to subrogation, debt collection, bankruptcy or claims indemnification insurance coverage policy
interruptions. Councilmember Kalmick stated this appears to him as a dishonest way to expand the City
Attorney's power.
Senior Deputy City Attorney Hyland responded that if this Ordinance is passed, Councilmembers would
be enabling the City Attorney to engage in defense of any illegal actions. He explained that Paragraph D
was included after meetings with City staff, the City Manager's office and multiple Department Heads to
determine what the H Item intended, and Council can amend this item any way they would like.
Councilmember Kalmick reiterated that Council should be focused on the budget, and recruitment of
executive staff rather than on issues that don't exist or pertain to the City's corporate body, and he will
not be supporting this item.
Councilmember Bolton thanked Senior Deputy City Attorney Hyland for the offer to amend this item, but
she does not see any way to save it as in her opinion it is indefensible.
Councilmember Strickland confirmed with Senior Deputy City Attorney Hyland that he personally does
not have examples of City Council authorizing the City Attorney's office to represent or spend City funds
to hire outside counsel to represent individuals when it was determined that action would benefit the City,
but he has been told that has happened and will ask City Attorney Michael Gates to provide Council with
examples before the next Council meeting. Senior Deputy City Attorney Hyland confirmed that Council
is looking for examples related to a non-City employee, non-elected official, or non-appointed individual.
Councilmember Moser stated she strongly opposes this Ordinance despite the effort to narrow it down
from the original to apply only to "educators" within City facilities. She sees this as a significant
overreach of Council jurisdiction, misuse of public funds and a politically motivated attempt to insert
government into the private lives of residents. She noted the Ordinance references public schools, which
the City does not directly manage or control, and asked Senior Deputy City Attorney Highland to explain.
He responded the understanding, after discussions with City staff, was that Council intended to cover all
educators within the territorial bounds of Huntington Beach.
Councilmember Moser stated she believes this Ordinance actually puts transgender and gender
nonconforming students at greater risk of suicidal thoughts and attempts. She stated her agreement
that the matters being addressed are "private" and highly "personal" and asked why the City is proposing
to intrude upon them. These issues should be shielded from government influence, not exposing the
children to it, and this Ordinance overreaches the authority granted as a Charter City. This ordinance
does nothing to address local economic challenges, and in fact, may exacerbate them by creating a
hostile environment for businesses.
Councilmember Moser continued by noting that this Ordinance does not define City educators leaving it
open to broad and potentially harmful interpretations. She asked what happens to educators who
appear to not follow this Ordinance, and what the specific triggers are that require providing information
to a parent or guardian.
Councilmember Strickland stated his opinion that government overreach is actually coming from
Sacramento. No one has more at stake in the future of a child than the parent, and children are not
property of the state. Councilmember Strickland acknowledged that some of the opposing statements
Council/PFA Regular Meeting
September 3, 2024
Page 16 of 20
are valid, but he will fall on the side of parents right to know about what is best for their child. Regarding
the comments that this Ordinance is being used as a distraction from the Air Show settlement,
Councilmember Strickland noted that any long-term contract for the Air Show will have to come back to
City Council for approval.
Council member Bolton confirmed with Human Resources staff that there has not yet been a meet and
confer with HBMT as they have requested. In response, Senior Deputy City Attorney Hyland stated he
believes that normally ordinances can be introduced before a meet and confer has taken place and
clarified that he is not an expert in employment law and does not have an accurate reply at the top of his
head.
A motion was made by Van Der Mark, second Strickland to after the Assistant City Clerk reads by title,
approve for introduction Ordinance No. 4326, "An Ordinance of the City Council of the City of Huntington
Beach Adding Chapter 1.23 of the Huntington Beach Municipal Code Relating to Parents' Right to Know
City."
The motion carried by the following roll call vote:
AYES:
NOES:
Pat Burns, Van Der Mark, Strickland, and McKeon
Moser, Bolton, and Kalmick
COUNCIL MEMBER ITEMS
21. 24-617 Approved Amended Item Submitted by Mayor Pro Tem Burns -Establishing a
Flagpole at Baca Park in Honor of Vietnam Veteran Medal of Honor Recipient John
P. Baca
Mayor Pro Tern Burns introduced this item by stating it is an effort to show respect and honor for
Huntington Beach resident John Baca who received the highest honor for his military service, the
Vietnam Veteran Medal of Honor. Mayor Pro Tern Burns explained there are very specific rules
regarding flying the Medal of Honor Flag including that the honoree must be present when it is flown, and
amended this item to include that fact.
Councilmember Kalmick stated his appreciation for this item, confirmed the park land is owned by the
City and asked if any Home Owner Association (HOA) approval is needed to proceed. He asked if the
HOA CC&Rs might prohibit the digging required to install a 34-45 foot flagpole, and if the local area
homeowners support having a flag flying in that park. Councilmember Kalmick noted there will be on-
going costs for lighting and maintenance and asked what will be cut from next year's deficit budget to
cover this expense. He also asked if Mr. Baca approves of this action and the costs, or would he rather
spend the $18,000 for addressing the needs of homeless veterans. He also asked if there were any
conversations with any local non-profit organizations, or an Eagle Scout, who might be interested in
supporting this project.
Mayor Pro Tern Burns replied that Councilmember Kalmick is looking to increase Councilmember
stipends to equal fifty percent of County Judge pay, plus a staff person for each Councilmember, which
would probably cost about $1.5M per year, and finds it interesting Councilmember Kalmick is the one
questioning the expense to recognize a Medal of Honor veteran.
Mayor Pro Tern Burns noted that Tony Roma has had personal conversations with John Baca regarding
this item and received his approval. Mayor Pro Tern Burns stated there were "possible" other funding
Council/PFA Regular Meeting
September 3, 2024
Page 17 of 20
options, but he decided this is important enough to move ahead. Councilmember Kalmick stated he
sees no rush for this project in a park that already shows the need for existing equipment maintenance,
and if another funding source can be found, he would support the City waving permit fees.
Assistant City Manager Travis Hopkins advised this item be divided for two separate votes since Part B)
must be a unanimous vote.
A motion was made by Pat Burns, second McKeon to direct the City Manager and Public Works Director
to provide and install an approximate 35-45 foot flagpole for an American Flag to be displayed at John
Baca Park;
The motion carried by the following roll call vote:
AYES:
NOES:
Moser, Bolton, Pat Burns, Van Der Mark, Strickland, McKeon, and Kalmick
None
An amended motion was made by Pat Burns, second McKeon to consider displaying the Medal of Honor
flag, for ceremonial purposes only, for John Baca on a separate mobile or temporary pole at a dedication
ceremony, as amended to include if John Baca is present. Per City Charter Section 806, "the City may
display any other flag in addition to those already enumerated, but only if authorized by a unanimous
vote of all members of the City Council."
The amended motion carried by the following roll call vote:
AYES: Moser, Bolton, Pat Burns, Van Der Mark, Strickland, McKeon, and Kalmick
NOES: None
22. 24-624 Approved Amended Item Submitted by Council Member McKeon -Establish
Tobacco Retailer Regulations
Councilmember McKeon introduced this item and explained a number of residents reached out to him
concerned about the recent proliferation of tobacco clusters near youth populated areas. He noted that
tobacco use is the most preventable cause of disease, disability and death in the U. S. and California
recently passed policies to further regulate the sale of tobacco in the retail environment.
Councilmember McKeon stated that currently the Huntington Beach Zoning and Subdivision Ordinance
(HBZSO) does not explicitly identify tobacco retailers, including smoke or tobacco shops, in the Land
Use tables, therefore these uses may be permitted as General Retail uses which are allowed by right. In
light of the statistics just cited, Councilmember McKeon believes the City should adopt an ordinance to
regulate the use by A) defining the uses to be regulated such as "tobacco retailers", "tobacco product or
paraphernalia", and "youth-populated areas", and B) establishing minimum zoning standards for the land
uses such as prohibiting new tobacco retailers at any location exclusively zoned for residential use,
prohibiting new tobacco retailers within a certain distance of youth-populated areas, including schools,
and establishing minimum distance requirements between tobacco retailers. Councilmember McKeon
noted these regulation changes would not apply to existing locations.
Councilmember Bolton clarified she agrees that tobacco products are hazardous, but she does have
some process and implementation concerns and asked how many businesses this could potentially
impact. Councilmember McKeon responded that would be determined by staff if Council chooses to
proceed with this item. The process will include staff review of what other cities are doing. He reiterated
Council/PFA Regular Meeting
September 3, 2024
Page 18 of 20
that existing businesses will not be impacted and he expects the staff report will include the
circumstances that could trigger inclusion, and stated support for Councilmember Bolton's
recommendation that business and school outreach is included as part of the process of moving forward.
Councilmember Bolton suggested this process proceed as a Study Session item and Councilmember
McKeon said he could support that. He also noted there are cities who have implemented successful
policies that staff will review, and clarified no rush is intended.
Council member Strickland confirmed with Community Development Director Jennifer Villasenor that
there are a lot of existing policies to review, including San Clemente and Westminster who just recently
implemented tobacco regulations. Director Villasenor confirmed there are a number of State laws
addressing tobacco retailer locations near schools and that cities and counties usually add to the State
laws.
Councilmember Moser supports the concern about tobacco use by youth and also wants to ensure the
process reviews potential unintended consequences. She referred to some studies that show nearly
80% of youth tobacco users actually acquire product from social sources such as friends, or someone
who bought product on their behalf, and noted that simply restricting retail sales is not enough. Curtailing
of youth tobacco use also should focus on deterring or penalizing legal-age purchasers who provide
products to minors. She also noted the 20% of youth tobacco users who purchase their own products
generally do so at gas stations and convenience stores, not tobacco retailers.
Council member Moser asked that the following questions be considered while moving forward on this
issue: How does the Police Department currently enforce laws related to the sale of tobacco and vaping
products to minors? What are the challenges faced while enforcing these laws? Are there any existing
strategies or penalties in place that address the legal-age purchaser of tobacco for minors?
Councilmember Moser stated the importance of being able to accurately measure the effectiveness of
any plan being considered.
Councilmember McKeon clarified with Director Villasenor that the process for this item would include
going before the Planning Commission for a Public Hearing, and the Planning Commission presenting
their findings to City Council for another Public Hearing.
Councilmember Kalmick, as a former Planning Commissioner, noted the Planning Commission is
focused on implementing and validating City Council policies, not making policy. He stated support for a
Study Session to define terms, buffers and acquire public input in response to the staff report. He would
like to see a map of existing smoke shops and their locations. He added the plan would proceed to the
Planning Commission for a deep dive after the Study Session, and then their report would come back to
Council.
Councilmember Strickland stated he will support whatever process that Councilmember McKeon, as
author of the item, chooses to use for moving forward.
Councilmember McKeon responded that he appreciates hearing fellow Councilmember concerns and
reiterated that successful policies exist in other cities and he does not believe this is a complicated issue.
Mayor Pro Tern Burns stated many good concerns have been expressed, but he believes the item under
consideration is focused on zoning changes which can be the starting point.
Council/PFA Regular Meeting
September 3, 2024
Page 19 of 20
Council member Strickland noted that moving this item forward will direct staff to provide the information
that Councilmembers have requested during this discussion.
A substitute motion was made by Bolton, second Moser to bring this back as a Study Session item
before directing the City Manager to work with the City Attorney to prepare an Ordinance for introduction
at a future City Council Meeting to amend the Huntington Beach Zoning and Subdivision Ordinance to
establish regulations for tobacco retailers Citywide.
The substitute motion failed by the following roll call vote:
AYES: Moser, Bolton, and Kalmick
NOES: Pat Burns, Van Der Mark, Strickland, and McKeon
An amended motion was made by McKeon, second Pat Burns to direct the City Manager to work with the
City Attorney to prepare an Ordinance for introduction at a future City Council Meeting to amend the
Huntington Beach Zoning and Subdivision Ordinance to establish regulations for tobacco retailers
Citywide, as amended to include Department of Alcoholic Beverage Control (ABC) process for
existing tobacco retail shops.
The amended motion carried by the following roll call vote:
AYES:
NOES:
23. 24-628
Moser, Bolton, Pat Burns, Van Der Mark, Strickland, McKeon, and Kalmick
None
Approved Item Submitted by Council Members Bolton, Kalmick, and Moser -
Demand Resignation of Supervisor Andrew Do
Councilmember Bolton introduced the item and stated it is time for the residents of Board of Supervisors
District 1 to have representation and this item is to show support for that position.
Councilmember Moser stated that taking a public stand against public corruption sends a clear message
that Huntington Beach will not tolerate breaches of public trust. She added that if elected officials remain
silent in the face of public corruption allegations, it sends the message that accountability is optional.
Taking a stand reinforces the principle that no one is above the law and public officials must be held to
the highest standards of integrity.
Councilmember Strickland asked if any of the funds were used for their intended purpose and
Councilmember Bolton replied that at the present time the funds are unaccounted for.
Councilmember Strickland stated that based on what he has read about the situation he agrees
Supervisor Do should resign. He also noted that all of the facts have not been discovered and at this
point there are only allegations of impropriety. Councilmember Strickland asked if Supervisor De's
colleagues had taken any action related to these allegations, and Councilmember Bolton responded that
his colleagues are considering removing Representative Do from all committees and two of his
colleagues are requesting that he resign. She stated she believes just the appearance of impropriety
supports this action.
Councilmember Strickland stated that in America a person is considered innocent until proven guilty, and
asked what would happen if this item is approved and then information comes out that may negate the
allegations.
Council/PFA Regular Meeting
September 3, 2024
Page 20 of 20
Mayor Pro Tern Burns stated he agrees that erosion of public trust cannot be tolerated, our democracy is
founded on transparency and accountability and when these principles are compromised the integrity of
the office is lost, and the misappropriation of funds without any accountability is a grave breach of the
public trust. He added that unfortunately there are too many examples of lack of fund accountability and
the appearance of misappropriation of funds at all levels of government. Based on his 30 years of law
enforcement experience, he stated that evidence is crucial and justice needs to be served when people
are found guilty.
Mayor Van Der Mark stated she also believes a person is innocent until proven guilty, that the residents
of District 1 should have Supervisor representation, and the allegations have negatively impacted
Supervisor De's ability to do his job.
Councilmember Kalmick summarized that this has been a good debate that has shown there are two
separate issues: crimes and representation with the appearance of impropriety. Councilmember
Kalmick stated that Supervisor De's inability to represent our District for the next four months has eroded
public trust, and this is a political, not a criminal, decision.
A motion was made by Moser, second Kalmick to demand that Supervisor Andrew Do resign his seat
immediately.
The motion carried by the following roll call vote:
AYES:
NOES:
Moser, Bolton, Van Der Mark, Strickland, McKeon, and Kalmick
Pat Burns
ADJOURNMENT -at 9:45 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, September 17, 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: ,,,.~
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City Clerk-Secretary
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
~~~