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HomeMy WebLinkAbout2025-11-04Minutes Reg ular Meeting City Council/Public Financing Authority City of Huntington Beach Tuesday, November 4, 2025 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 https://huntingtonbeach.leqistar.com/Calendar.aspx 5:00 PM -COUNCIL CHAMBERS CALLED TO ORDER -5:00 PM ROLL CALL Present: Absent: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams None ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS PERTAINING TO CLOSED SESSION (Received After Agenda Distribution) -None City Attorney Michael Vigliotta announced there were two items under consideration for Closed Session. On November 3, 2025, after posting the agenda, the City received notice that the Court of Appeals issued a decision in the case of People and Bixby vs City of Huntington Beach, Case Nos. 8065589, 8065461, and 8065499. Per Government Code Section 5495.2(b), Council can take action on items of business not appearing on the posted agenda following public identification of the item, and upon determination by two-thirds vote of the members of City Council present, that there is need to take action and the need to take action came up after the posting of the agenda. A motion was made by Burns, with a second by Gruel, based on the information and facts just presented by City Attorney Vigliotta, regarding circumstances related to Government Code Section 54954.2(b), the City Council determines that there is a need to take immediate action, in that the need for action came to the attention of City Council subsequent to the agenda posting, and pursuant to Government Code Section 54956.9, this City Council shall recess to Closed Session to confer with regard to appellant opinion in the matter of The People vs City of Huntington Beach, Court of Appeal No. 8065589, and Bixby vs City of Huntington Beach, Case Nos. G065461 and 8065499. The motion passed by the following roll call vote: AYES: NOES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams None PUBLIC COMMENTS PERTAINING TO CLOSED SESSION (3-Minute Time Limit) -None. Council/PFA Regular Meeting Minutes November 4, 2025 Page 2 of 9 A motion was made by Burns, with a second by McKean, to recess to Closed Session. RECESSED TO CLOSED SESSION -5:04 PM CLOSED SESSION 1. 25-865 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). People of the State of California/Banta v. City of Huntington Beach, et al.; Case No. 30-2023-01312235-CU-WM-CJC. NEW 25-873 CONFERENCE WITH LEGAL COUNSEL-LITIGATION (Gov. Code section 54956.9(d)(4).): One (1). 6:00 PM -COUNCIL CHAMBERS RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING -6:00 PM ROLL CALL Present: Absent: INVOCATION Twining, Kennedy, McKean, Burns, Van Der Mark, Gruel, and Williams None 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 endorse any particular religious belief or form of invocation. 2. 25-862 Huntington Beach Police Chaplain James Pike PLEDGE OF ALLEGIANCE -Led by Councilmember Williams CLOSED SESSION REPORT BY CITY ATTORNEY -None CITY COUNCIL MEMBER COMMENTS (2-Minute Time Limit) Councilmembers noted November 11, 2025, Veterans Day and expressed their appreciation and paid homage to everyone who has served, or is currently serving, in the U. S. military. Councilwoman Van Der Mark and Councilman Twining thanked everyone involved in the very successful Downtown Halloween celebration. Councilmembers also announced the following Veterans Day observations and encouraged public attendance: Monday, November 10, Save the Brave, dedicated to offshore fishing trips for veterans, will celebrate the 250th Birthday of the U. S. Marine Corps, Sea Legs at the Beach, Huntington Beach; and Tuesday, November 11, Pier Plaza, 11 AM, Veterans Day Ceremony hosted by City of Huntington Beach and American Legion Post 133. ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) Pursuant to the Brown "Open Meetings" Act, City Clerk Lisa Lane Barnes announced supplemental communications received by her office following distribution of the Council Agenda packet which were all uploaded to the City's website and Councilmember iPads: Consent Calendar Items #5 (2 email Council/PFA Regular Meeting Minutes November 4, 2025 Page 3 of 9 communications), #8 (1 email communication); Ordinances for Introduction Items #10 (staff communication), #11 (1 email communication); and Councilmember Items #12 (1 email communication). City Manager Travis Hopkins announced that Consent Calendar Item #5 (25-818) regarding use of space at Huntington Beach Central Library was pulled by staff and will be brought back to City Council at a future date. PUBLIC COMMENTS (2-Minute Time Limit due to the number of speakers) -13 Speakers The number [hh:mm:ss] following the speakers' comments indicates their approximate starling time in the archived video located at https:l/huntingtonbeach.legistar.com/Calendar.aspx. Ron Duplantis commented on the current political climate at both federal and local levels. Mayor Pro Tern McKean asked him to complete a blue card so they could have a follow-up meeting. (00: 19:28) Jason Sarafin commented on the possibility of Councilmembers considering hydration stations along the beach bike/walk trail. (00:21 :52) Charles Jackson commented on his experience of attending some of the recent Constitutional classes. (00:24:02) Heather Jennings commented on the Light the World Giving Machines at the HB Pier over the holiday season. (00:25:07) Victor Cahua commented on the Light the World Giving Machines at the HB Pier over the holiday season, announced Giving Day, December 2, 2025, at the HB Pier starting at 10:00AM, and the next Community Service Day, April 25, 2026. (00:27:14) Nadia Saker commented on the need for permanent housing for a homeless individual and asked for Council's assistance. Councilwoman Van Der Mark asked her to complete a blue card for follow-up. (00:29:45) Shawn Roseling commented on the recent Tax and Equity Fiscal Responsibility Act (TEFRA) public hearing. Councilmember Williams asked him to complete a blue card for follow-up. (00:32:00) Amory Hanson commented on Council Member Items #12 (25-857) regarding pedestrian and bike safety. (00:33:47) Russ Neal commented on statewide politics and Council efforts to respond. (00:34:14) Unnamed Speaker commented on multiple international and national statistics and the current political climate at the national level. (00:35:20) Eddie Osborne commented on the 2021 Huntington Beach oil spill, litigation and concerns regarding the funds that Huntington Beach received in the settlement. (00:37:28) Unnamed Speaker commented on available local food sources for Huntington Beach residents who may need food assistance. (00:39: 18) Council/PFA Regular Meeting Minutes November 4, 2025 Page 4 of 9 Unnamed Speaker commented on Oktoberfest and noted individual rights and freedoms available under our republic form of government and the ever-changing amount of time that public speakers are allowed at City Council meetings. (00:41 :04) COUNCIL COMMITTEE APPOINTMENT ANNOUNCEMENTS -None AB 1234 REPORTING-None OPENNESS IN NEGOTIATION DISCLOSURES -None STUDY SESSION 3. 25-869 Archer Aviation Inc. Presentation -Opportunity with the Federal Aviation Administration for the Electric Vertical Takeoff and Landing and Advanced Air Mobility Aircraft Integration Pilot Program City Manager Travis Hopkins announced this is a Study Session item that requires no action, but is for informational purposes only and open for Councilmember questions. City Manager Hopkins introduced George Kivork and Melissa McCaffrey representing Archer Aviation. They presented a PowerPoint communication titled ARCHER/HUNTINGTON BEACH, with slides entitled: ARCHER OVERVIEW, ELECTRIC VTOL TECHNOLOGY ENABLES GLOBAL URBAN AIR MOBILITY, ARCHER MIDNIGHT, HUNTINGTON BEACH FOOTPRINT, MIDNIGHT BEGINS PILOTED FLIGHT-TESTING PHASE, SOUTHERN CALIFORNIA NETWORK, elPP OVERVIEW, WHITE HOUSE EXECUTIVE ORDER CHARTS CLEAR PATHWAY FOR U.S. LAUNCH, PROGRAM DETAILS, FEDERAL PROJECT TIMELINE + CRITERION, FEDERAL PROPOSAL, and THANK YOU. Mayor Pro Tern McKean, Councilmembers Williams, Twining, Kennedy, Gruel, and Council Woman Van Der Mark asked for more details regarding: the potential economic and business partnership benefits for Huntington Beach; are the aircraft approved by the FAA at this point; will the pilots be FAA Part 135 certified; redundancy and safety systems; can the aircraft glide like a fixed-wing; the number of passengers, plus pilot, and cargo it will hold; pilots certified for instrument meteorological conditions (IMC); how long it takes to charge the craft; coordinating with ground transportation companies; responsibilities for providing aircraft charging systems and the costs; runway requirements to operate this aircraft; anticipation of an app for scheduling use; process and tight deadline to submit an application for operation during the upcoming 2028 Olympic games; if interested, the City would be the lead applicant; responsibilities of a lead applicant; support facilities needed such as heliport and hangars; broadly explore potential opportunity and locations within the City; connecting with existing networks; Archer Aviation's interest in expanding their footprint in Huntington Beach beyond manufacturing and just being prepared for the 2028 Olympic games; initial program costs falling on Archer Aviation, not Huntington Beach; employment opportunities in Huntington Beach for specialists and high-paying positions; issues of noise, safety and emissions are mitigated with this aircraft; Archer Aviation's interest in an exclusive relationship initially; becoming a model for future development and policies; broad spectrum of service considerations for the emerging technology and business opportunities; and flight path considerations. CITY MANAGER'S REPORT City Manager Travis Hopkins introduced City Treasurer Jason Schmitt who provided an update on the upcoming Financial Literacy classes. CONSENT CALENDAR (Items 4 -9) Council/PFA Regular Meeting Minutes November 4, 2025 Page 5 of 9 Councilman Kennedy pulled Consent Calendar Item #7 for further discussion. Citv Clerk 4. 25-863 Approved and Adopted Minutes A motion was made by Twining, second Van Der Mark to approve and adopt the City Council/Public Financing Authority regular meeting and the Housing Authority special meeting minutes of October 21, 2025. The motion carried by the following roll call vote: AYES: NOES: Twining, Kennedy, McKean, Burns, Van Der Mark, Gruel, and Williams None Communitv and Libra,y Services 5. 25 818 Approve and alltl1orize eKeslltion of a Memorandllm of Understanding (MOU) between tile City of Hllntington Beast! and tl1e Art beaglle of Hllntington Beasll far Ilse of spase at tl1e Hllntington Beast! Central bil:Jrary 6. 25-849 Approved and authorized execution of Cooperative Agreement No. C-5-4010 for the Orange County Enhanced Mobility for Seniors and Disabled (EMSD) Grant Program between the Orange County Transportation Authority (OCTA) and City of Huntington Beach A motion was made by Burns, second Van Der Mark to approve and authorize the City Manager to execute "Cooperative Agreement No. C-5-401 O between the Orange County Transportation Authority and City of Huntington Beach" for a term of March 3, 2025 to March 1, 2027; and, accept the grant award and approve the expenditure of funds as referenced in Cooperative Agreement No C-5-401 O; and, authorize the appropriation of $51,685 to Grant Account 130445001.63230 to be reimbursed through Cooperative Agreement No. C-5-4010. The motion carried by the following roll call vote: AYES: NOES: Twining, Kennedy, McKean, Burns, Van Der Mark, Gruel, and Williams None 7. 25-838 Authorized designated City staff to execute the Intergovernmental Agreement Regarding Transfer of Public Funds between the California Department of Health Care Services (DHCS) and the City of Huntington Beach and the Health Plan­ Provider Agreement -Intergovernmental Transfer Rate Range Program Agreement between CalOptima Health and the City of Huntington Beach; and approve a payment of $722,804 to DHCS for FY 2025/26 Council/PFA Regular Meeting Minutes November 4, 2025 Page 6 of 9 Councilman Kennedy pulled this item to invite Fire Chief Eric McCoy to explain the importance of the agreement and benefits for Huntington Beach. A motion was made by Kennedy, second Van Der Mark to authorize the designation of the City Manager, Chief Financial Officer, and/or Fire Chief to execute the agreement between the California Department of Health Care Servies (DHCS) and the Health Plan-Provider Agreement -Intergovernmental Transfer Rate Range Program Agreement between CalOptima Health and the City of Huntington Beach; and approve a payment of $722,804 to the California Department of Health Care Services for the agreement during FY 2025/26. The motion carried by the following roll call vote: AYES: NOES: Twining, Kennedy, McKean, Burns, Van Der Mark, Gruel, and Williams None 8. 25-854 Adopted Ordinance No. 4342 Prohibiting the Sale and Distribution of Nitrous Oxide -Approved for introduction October 21, 2025, by a vote of 7 -0 A motion was made by Burns, second Van Der Mark to adopt Ordinance No. 4342, "An Ordinance of the City Council of the City of Huntington Beach, adding a New Chapter 9.94 Entitled "Prohibition on Sale or Distribution of Nitrous Oxide" to Title 9 of the Huntington Beach Municipal Code to Establish Regulations Prohibiting the Unlawful Sale or Distribution of Nitrous Oxide in the City." The motion carried by the following roll call vote: AYES: NOES: Public Works Twining, Kennedy, McKean, Burns, Van Der Mark, Gruel, and Williams None 9. 25-819 Approved and accepted the Public Improvements, Release the Sureties, and Accepted a Guarantee and Warranty Bond for the Shorehouse Residential Subdivision (Tract 18068) A motion was made by Burns, second Van Der Mark to accept the improvements constructed and dedicated for public use with Tract 18068, and instruct the City Clerk to record the Notice of Acceptance of Public Improvements (Attachment 2) with the Orange County Recorder; and, accept Guarantee and Warranty Bond No. PB02497501239-M (Attachment 3); the surety furnished for guarantee and warranty of public improvements; and instruct the City Clerk to file the bond with the City Treasurer; and, instruct the City Treasurer to release the Faithful Performance Bond No. PB02497501239, Labor and Material Bond No. PB02497501239, and Monument Bond No. PB02497501240; and, instruct the City Clerk to notify the developer, C3 DLG 414 Main Street, LLC, of this action, and the City Treasurer to notify the surety company, Philadelphia Indemnity Insurance Company, of this action. The motion carried by the following roll call vote: AYES: NOES: Twining, Kennedy, McKean, Burns, Van Der Mark, Gruel, and Williams None CouncillPFA Regular Meeting Minutes November 4, 2025 Page 7 of 9 ORDINANCES FOR INTRODUCTION 10. 25-836 Approved for Introduction Ordinance No. 4343 Adopting the 2025 Model California Construction Codes and Scheduled a Public Hearing for December 16, 2025 Jennifer Villasenor, Community Development Director, noted this is a joint project with the Fire Department and stated that any action needs to reflect that Ordinances 4268 and 4270 are being repealed at the same time Ordinance No. 4343 is considered. Director Villasenor introduced Jasmine Daley, Building Official and Fire Marshall Janice Van Mullem who presented a PowerPoint communication titled Local Adoption of the 2025 California Building Standards Code (Title 24) with slides entitled: Table of Contents, Code Adoption Process, Code Adoption Process, Huntington Beach Municipal Code (Title 17), HB Amendments, HB Amendments, Implementation Plan, Implementation Plan, Recommendation, Recommendation, and Questions? Councilman Gruel confirmed with Director Villasenor that staff has incorporated these state mandates into the local regulations. He shared his difficulty with Title 24, having opened restaurants in 17 different states, and added that California is the most difficult to work within not because of local regulations but rather because of state mandates. A motion was made by Burns, second Van Der Mark to, after City Clerk reads by title, approve for Introduction Ordinance No. 4343, "An Ordinance of the City Council of the City of Huntington Beach Amending the Huntington Beach Municipal Code, Title 17 -Buildings and Construction by Reference and Repeal of Ordinance Nos. 4268 and 4270" (Attachment No. 1) and, direct that a Public Hearing be set for the adoption of Ordinance No. 4343 on December 16, 2025. The motion carried by the following roll call vote: AYES: NOES: 11. 25-858 Twining, Kennedy, McKeon, Burns, Van Der fvlark, Gruel, and Williams None Approved for Introduction Ordinance No. 4344 Amending Huntington Beach Municipal Code Section 10.84 • Bicycle Regulations City Manager Travis Hopkins introduced Lt. Thoby Archer who provided a verbal staff report for this item. Lt. Archer noted that the information placed at Section 10.84.160 (D) of Ordinance No. 4344 should actually be listed as 10.84.160 (A) 4. Councilman Williams confirmed with Lt. Archer this clarifies for everyone when riding upon a sidewalk is not allowed, which includes adjacent to a school or business when there is heavy pedestrian traffic. Bike riders must be within a bike lane when riding or walking their bike when not in a bike lane. Councilman Gruel and Lt. Archer discussed ways children a;e educated in the rules, including brochures included the new school year packets, hands-on training opportunities, as well as social media blasts. A motion was made by Burns, second McKeon to, after City Clerk reads by title, approve for introduction Ordinance No. 4344, "An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 10.84 of the Huntington Beach Municipal Code Relating to Bicycle Regulations." Council/PFA Regular Meeting Minutes November 4, 2025 Page 8 of 9 The motion carried by the following roll call vote: AYES: NOES: Twining, Kennedy, McKean, Burns, Van Der Mark, Gruel, and Williams None COUNCIL MEMBER ITEMS 12. 25-857 Approved Councilmember Item Submitted by Councilmen Twining, Gruel, and Williams -Pedestrian and Bike Safety Councilman Twining introduced this item by reading the issue statement and noted the recent bicyclist fatality on Pacific Coast Highway (PCH) in Huntington Beach. He added that the vehicle speed limit on PCH is set by the state for this state highway and the only action Huntington Beach can take is to lobby CalTrans for changes. Councilman Twining added there are a number of streets within Huntington Beach that also need bike safety enhancements. Councilman Williams stated his support for any action that will improve safety for bicyclists. A motion was made by Twining, second Gruel to direct the City Manager to continue to explore pedestrian and bike safety projects and funding, and to work with CalTrans and local legislators to support, identify funding, and prioritize pedestrian and bike safety projects. The motion carried by the following roll call vote: AYES: NOES: Twining, Kennedy, McKean, Burns, Van Der Mark, Gruel, and Williams None NEW 25-876 Councilmember Item Submitted by Mayor Burns and Councilmen Kennedy and Williams -City Real Estate Holdings Spreadsheet Update Councilmember Kennedy introduced this item by stating every sitting Councilmember supports improving efficiencies and providing transparency. He described the process to date for a spreadsheet which consolidates information for managing City assets. He noted the goal is having systems in place to capture the details for easy availability of current information. City Manager Travis Hopkins acknowledged the support of Community Development Director Jennifer Villasenor and her Economic Development Division team composed of Steve Holtz, Bill Krill and Morgan Forster. He added this is an attempt to consolidate information. Councilmember Kennedy noted this effort will provide everyone with the tools to enhance operations and protect valuable assets. Councilmembers Williams and Twining expressed appreciation for Councilman Kennedy's expertise on this effort and stated their support for this item. Mayor Burns and Mayor Pro Tern McKean stated their support for incorporating good business practices which are used in the private sector. A motion was made by Kennedy, second Burns to direct the City Manager to present to Council the updated spreadsheet and be prepared to discuss the state of the City's real estate holdings. Council/PFA Regular Meeting Minutes November 4, 2025 Page 9 of 9 The motion carried by the following roll call vote: AYES: NOES: Twining, Kennedy, McKean, Burns, Van Der Mark, Gruel, and Williams None CITY COUNCIL MEMBER REQUESTS -None ADJOURNMENT -At 7:57 PM, a motion was made by McKean, with a second by Van Der Mark, to adjourn to the next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority on Tuesday, November 18, 2025, 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 City Clerk-Secretary City rk and ex-officio Cl k of the City Council of the City of Huntington Beach and Secretary of the Public Financing Authority of the City of Huntington Beach, California ~ Mayor-Chair