city of huntington beach · communications that were received by her office following distribution...

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Minutes City Council/Public Financing Authority City of Huntington Beach Monday, April 3, 2017 4:00 PM - Council Chambers 6:00 PM - Council Chambers Civic Center, 2000 Main Street Huntington Beach, California 92648 A video recording of the 4:00 PM and 6:00 PM portion of this meeting is on file in the Office of the City Clerk, and archived at www.surfcity-hb.org/government/agendas/ 4:00 PM - COUNCIL CHAMBERS CALLED TO ORDER - 4:01 PM ROLL CALL Present: Absent: O'Connell (arrived at 5:23 PM), Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson 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: For Study Session Item No. 1 1) Memo submitted by the Finance Commission highlighting their review process and the resulting Findings and Recommendations; 2) PowerPoint communication entitled Downtown BID, Finance Commission Findings and Recommendations; 3) Email submitted by Finance Commissioner Ken Small, which he requested be read aloud on his behalf since he is unable to attend this meeting*; and 4) Communication submitted by Kim Kramer, Huntington Beach citizen. *From: To: Subject: Kenneth Small City Council April 3 City Council Study Session Unfortunately, I will not be able to attend the City Council/Finance Commission Study Session on April 3 due to a planned trip. As a member of the Finance Commission Sub-Committee that studied the Downtown BID issues and prepared the findings and recommendations that were adopted by the Finance Commission, I wanted to say I strongly support those recommendations. I, like the other sub- committee members, do not believe there was any information to indicate that the Downtown BID Board was in any way dishonest or that there was any attempt to hide funds. However, the complexity of the Downtown BID and events downtown has outgrown the current structure, and changes that should have

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Minutes

City Council/Public Financing Authority City of Huntington Beach

Monday, April 3, 2017 4:00 PM - Council Chambers 6:00 PM - Council Chambers Civic Center, 2000 Main Street Huntington Beach, California 92648

A video recording of the 4:00 PM and 6:00 PM portion of this meeting is on file in the Office of the City Clerk, and archived at

www.surfcity-hb.org/government/agendas/

4:00 PM - COUNCIL CHAMBERS

CALLED TO ORDER - 4:01 PM

ROLL CALL

Present: Absent:

O'Connell (arrived at 5:23 PM), Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson 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:

For Study Session Item No. 1 1) Memo submitted by the Finance Commission highlighting their review process and the resulting

Findings and Recommendations;

2) PowerPoint communication entitled Downtown BID, Finance Commission Findings and Recommendations;

3) Email submitted by Finance Commissioner Ken Small, which he requested be read aloud on his behalf since he is unable to attend this meeting*; and

4) Communication submitted by Kim Kramer, Huntington Beach citizen.

*From: To: Subject:

Kenneth Small City Council April 3 City Council Study Session

Unfortunately, I will not be able to attend the City Council/Finance Commission Study Session on April 3 due to a planned trip. As a member of the Finance Commission Sub-Committee that studied the Downtown BID issues and prepared the findings and recommendations that were adopted by the Finance Commission, I wanted to say I strongly support those recommendations. I, like the other sub­committee members, do not believe there was any information to indicate that the Downtown BID Board was in any way dishonest or that there was any attempt to hide funds. However, the complexity of the Downtown BID and events downtown has outgrown the current structure, and changes that should have

Council/PFA Regular Minutes April 3, 2017 Page 2of14

been incorporated during the growth phase have not been incorporated. The recommendations of the Finance Commission, if adopted by the City Council, should provide a solution for the current problems. I would also like to say that the credibility of the findings and recommendations was significantly enhanced based on the involvement of my two co-sub-committee members. Carol Woodworth, and Ron Sterud are both incredible talented people with a great deal of experience in financial management issues, and they both worked very hard on the findings and recommendations.

Lastly, I know there have been many complaints about the conduct and actions of the Downtown Bid Board. Some of the comments and complaints may be justified. However, for the most part the complaints come from a group of individuals who are quick to complain, but are slow to actually invest any of their time to work to make things better. To those individuals, I say volunteer to run for the board, attend a monthly board meeting, provide positive, proactive input rather than complain after the fact. To those, outside of the downtown business group, who have complained, I say just because mistakes have been made does not necessarily indicate the Downtown BID Board has in any way been dishonest. We found no evidence of any conspiracy or any intent to do anything improper.

For Study Session Item No. 2 1) PowerPoint communication entitled Suggested Changes to Resolution No. 2013-24 (Downtown

Alcohol and Live Entertainment) Conditions of Approval.

PUBLIC COMMENTS PERTAINING TO STUDY SESSION I CLOSED SESSION ITEMS (3 Minute Time Limit) - None

STUDY SESSION

1. The Finance Commission provided a presentation on the Subcommittee Findings and Recommendations for the Downtown BID

Mayor Delgleize introduced Finance Commissioner Chair Carol Woodworth who gave a PowerPoint presentation entitled: Downtown BID, Finance Commission Findings and Recommendations with slides entitled: Downtown BID (3), Additional Resources Contacted, Findings and Recommended Actions (2), Recommended Actions (6), and Questions. Commissioner Ron Sterud participated by describing the Commission's recommendations to enhance the Downtown BID's business practices, and financial reporting and controls.

Councilmember Peterson suggested contract labor be used to fill the recommended Director position rather than hiring an employee.

Mayor Pro Tern Posey and Commissioners Sterud and Woodworth discussed that no one outside of the BID was interviewed for this report, and that the Subcommittee used Bl D's CPA firm only due to budget constraints for this review. Mayor Pro Tern Posey expressed his opinion that an outside BID consultant should be used and City Manager Wilson stated this would cost approximately $15,000.

Councilmember Semeta thanked the Subcommittee for going above and beyond in reviewing the minutes and finances of the Downtown BID.

Councilmember Brenden expressed his appreciation for the time the Subcommittee spent on their review, discussed the baseline for reducing the reserve policy from one year to six months, and provided support for hiring an outside, industry-specific consultant. He also expressed support for periodic auditing of all three BIDs, and provided comments on standard operating procedures, bylaws, board elections and reporting levels to the BID board, City Council, and City staff.

Council/PFA Regular Minutes April 3, 2017 Page 3of14

Mayor Pro Tern Posey and Commissioner Woodworth discussed the recommendation for consolidated financial statements, and what the suggested reserve policy is for -- the umbrella organization and not each specific event.

Councilmember Peterson stated that in his opinion it is not appropriate for Council to try to micro-manage BIDS.

Mayor Delgleize voiced her support for using an outside consultant to suggest best practices.

2. Staff presented suggested changes to Resolution No. 2013-24 (Downtown Specific Plan District 1 Alcohol and Live Entertainment) Conditions of Approval.

City Manager Fred Wilson introduced Planning Manager Jane James who, along with Chief Assistant City Attorney Mike Vigliotta, and Police Chief Handy, gave a PowerPoint Presentation entitled: Suggested Changes to Resolution No. 2013-24 (Downtown Alcohol and Live Entertainment) Conditions of Approval with slides entitled: Background, Location, Background (3), Resolution 2013-24 Overview (2), Council Direction, Newport Beach Operator's License, Revocation of CUP, Live Entertainment Permits, Staff's Recommendations (2), and Upcoming Projects.

Councilmember Hardy and staff discussed options for determining whether an establishment falls under bar or restaurant rules, and confirmed that the City of Newport Beach Operator's License and the City of Huntington Beach permits do not run with the land. Councilmember Hardy supports the midnight deadline for serving alcohol and allowing later hours for food-only service for new establishments, and using the Planning Commission, rather than Zoning administrators, as the reviewing body.

Councilmember Peterson confirmed with staff that violating Conditional Use Permit (CUP) stipulations, municipal codes or entertainment permit regulations could be cause for revoking a CUP. Staff suggested that possibly specific contracts with unilateral termination conditions, in addition to the CUP, could allow for quicker action to remedy infractions.

Mayor Pro Tern Posey and staff discussed using an escalating fine structure to encourage compliance, and requested further study on the pros and cons of using specific contracts.

Councilmember Brenden and staff discussed the effect on operating hours for an existing business making improvements, and having CUPs tied to the land, rather than to an operator. Councilmember Brenden expressed his opinion that revoking a CUP is using the "nuclear" option, but utilizing a system of fines through an entertainment permit may provide better opportunities for the business to come into compliance. Police Chief Handy explained that it can take several years to enforce an establishment's Alcoholic Beverage Control (ABC) license if, for instance, they are found to be serving alcohol to minors. Chief Assistant City Attorney Mike Vigliotta confirmed that he is not aware of any other municipality using contracts, and enforcing contracts is a pretty straight forward process when conditions are clearly spelled out. Revoking permits can be a rather drawn out process, especially compared to a contract.

Councilmember Semeta stated her interest in seeing staff do a more detailed analysis of using contracts, and agrees with Councilmember Hardy that the Planning Commission should be the reviewing body.

Councilmember Peterson expressed interest in further exploring the use of contracts with clear-cut infractions and consequences.

RECESSED TO CLOSED SESSION - 5:21 PM

Council/PFA Regular Minutes April 3, 2017 Page 4of14

A motion was made by Brenden, second Semeta to recess to Closed Session for Items 3 and 4. With no objections, the motion passed.

Mayor Delgleize Announced: Pursuant to Government Code§ 54957.6, the City Council takes this opportunity to publicly introduce and identify designated labor negotiator, City Manager Fred Wilson, who will be participating in today's Closed Session discussions regarding labor negotiations with: Huntington Beach Firefighters' Association (HBFA), Huntington Beach Police Officers' Association (POA), and/or Surf City Lifeguard Employees' Association (SCLEA).

CLOSED SESSION

3. Pursuant to Government Code § 54957.6, the City Council recessed into Closed Session to meet with its designated labor negotiators and Fred Wilson, City Manager, regarding the following: Huntington Beach Firefighters' Association (HBFA), Huntington Beach Police Officers' Association (POA), and/or Surf City Lifeguard Employees' Association (SC LEA).

4. Pursuant to Government Code §54956.9(d)(2) the City Council recessed into Closed Session to confer with the City Attorney regarding potential litigation. Number of cases, one (1).

6:00 PM - COUNCIL CHAMBERS

RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING - 6:17 PM

ROLL CALL

Present: Absent:

O'Connell, Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson None

PLEDGE OF ALLEGIANCE - Led by Mayor Pro Tern Posey.

INVOCATION - Led by Father Christian Mondor of Sts. Simon and Jude Catholic Church, and member of the Greater Huntington Beach Interfaith Council.

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.

CLOSED SESSION REPORT BY CITY ATTORNEY- None

AWARDS AND PRESENTATIONS

Mayor Delgleize announced April as National Child Abuse Prevention Month and presented a Proclamation to the Child Abuse Prevention Center's Executive Director, Scott Trotter.

Mayor Delgleize presented the Fair Housing Month Proclamation to Senior Housing Counselor, Adrienne Ray of the Fair Housing Foundation.

Mayor Delgleize called on Diana Dehm, Executive Director, International Surfing Museum, who presented "Operation Rings," a plan to get the 2024/2028 Olympic Surfing Competition held in Huntington Beach.

Council/PFA Regular Minutes April 3, 2017 Page 5of14

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:

City Manager's Report, No. 1, a PowerPoint communication entitled Plan for Use of the Rodgers Seniors' Center Building.

Consent Calendar: 1) Item No. 2, a memo submitted by the City Clerk identifying proposed revisions to the March 20, 2017,

City Council regular meeting minutes. 2) Item No. 6, email communications received from Steve Engel, Aaron Soto, Cindy Barnes, Bill Hart,

John Bowden, Andrew Hamer and Sarah Hendrickson. 3) Item No. 7, email communications received from Mark Dixon, Hedda and Richard Schnur, Shawn

Haney, Brandy Young, Theresa Holst, Sandra Fazio and Maida Cheung.

Ordinances for Introduction: 1) Item No. 8, a PowerPoint communication submitted by Police Chief Robert Handy dated April 3,

2017, entitled Updating City Municipal Codes, and email communications received from Linda Duchein, Steve Engel and Larry French.

PUBLIC COMMENTS (3 Minute Time Limit) - 37 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.

Don McAllister, Board of Directors, International Surfing Museum, was called to speak and voiced his support for the effort to have the 2024/2028 Olympic surfing competition in Huntington Beach. (01 :45:37)

Brett Barnes, Huntington Beach High School and Dwyer Middle School Surf Team Coach, was called to speak and requested community support for the vision of local young surfers who will be qualifying for the 2024/2028 Olympic surfing competitions. (01 :47:15)

Don Ramsey was called to speak and voiced his support for the vision of seeing the 2024/2028 Olympic surfing competition in Huntington Beach. (01 :49:22)

Ralph Bauer, one of the authors of the Human Dignity Policy, was called to speak and voiced his support of Councilmember Items No. 10 to establish a City Council Ad Hoc Committee on Homelessness, and No. 11, reaffirming the City's Declaration of Policy about Human Dignity. (01 :52:01)

Rick Fignetti was called to speak and voiced his support for the vision of seeing the 2024/2028 Olympic surfing competition in Huntington Beach. (01 :54:53)

Duke Aipa was called to speak and voiced his support for the vision of seeing the 2024/2028 Olympic surfing competition in Huntington Beach, (01 :57:09)

Jericho Peppler, Former U. S. Champion, First World Tour Women's Champion, was called to speak and voiced her support for the vision of seeing the 2024/2028 Olympic surfing competition in Huntington Beach. (01 :58:57)

Council/PFA Regular Minutes April 3, 2017 Page 6of14

Don Bigelow was called to speak and voiced his support for the vision of seeing the 2024/2028 Olympic surfing competition in Huntington Beach, and his opposition to Ordinances for Introduction, Item No. 8, amending the Huntington Beach Municipal Code related to nuisance crimes and the homeless population. (02:00:50)

Shawn Thompson, Huntington Beach Environmental Board Member, was called to speak and voiced her support of Consent Calendar Item No. 6 regarding conceptual Master Plan Improvements for Irby Park, and offered some suggested changes. (02:04:11)

Craig Sheets, resident of Fullerton, was called to speak and shared his opinions on various issues. (02:05:50)

Dr. Bruce Gabrielson was called to speak and voiced his support for the vision of seeing the 2024/2028 Olympic surfing competition in Huntington Beach. (02:09:07)

Andy Roush, 35-year resident of Huntington Beach who has been homeless for the past seven years, was called to speak and encouraged the Council to provide more affordable housing in the City. (02:12:41)

Hek Valdez, former Chair of the Huntington Beach Homeless Task Force, was called to speak and voiced his support of Councilmember Items No. 10 to establish a City Council Ad Hoc Committee on Homelessness. (02: 13:45)

Kimo Gandall was called to speak and voiced his opposition to Councilmember Items No. 10 to establish a City Council Ad Hoc Committee on Homelessness, and suggested that Huntington Beach follow the actions taken by the City of Irvine on this issue, i.e., pass legislation to keep people out of the city who are dangerous and commit crimes. (02: 15:27)

Maureen was called to speak and voiced her concerns about the possibility of local terrorist attacks. (02:18:36)

Shirley Dettloff, one of the authors of the Human Dignity Policy, was called to speak and voiced her support of Councilmember Items No. 10 to establish a City Council Ad Hoc Committee on Homelessness, and No. 11, reaffirming the City's Declaration of Policy about Human Dignity. (02:20:57)

Jerry Patterson, resident of Operetta Drive, was called to speak and requested removal of old pine trees on his street that are damaging sidewalks and curbs and invading sewer lines. He also voiced concerns about crows found dead in his neighborhood testing positive for West Nile Virus. (02:24:31)

Steve Engel was called to speak and voiced his support of Consent Calendar Item No. 6, regarding conceptual Master Plan Improvements for Irby Park. He also thanked Public Works staff for their great work in maintaining Central Park. (02:27: 13)

Patricia Goodman was called to speak and voiced her support of Councilmember Items No. 10 to establish a City Council Ad Hoc Committee on Homelessness. (02:29:56)

Tony Sellas was called to speak and shared his opinions on the mixed-use project at 16741 Pacific Coast Highway, Sunset Beach, and described the inconsistencies which are in violation of City Zoning Code 215.18. (02:30:56)

Council/PFA Regular Minutes April 3, 2017 Page 7of14

David Ewell was called to speak and shared his concerns about the fire danger from the weeds on the right-of-way for the former railroad to the Naval Weapons storage yard, and stated he had also brought this to the attention of the Fire Department and Public Works. (02:34:05)

Leslie Bowman was called to speak and voiced her support of Consent Calendar Item No. 7, regarding Permit Parking District "U" along Polynesian Lane and Regatta Drive. (02:37:05)

Spencer Hagaman was called to speak and stated his support for Council member Items No. 10 to establish a City Ad Hoc Committee on Homelessness. (02:38:59)

Aaron Soto was called to speak and stated his support for Consent Calendar Item No. 6, regarding the Conceptual Master Plan of Improvements for Irby Park. (02:41 :06)

Helen Cameron, Jamboree Housing, was called to speak and stated her support for Councilmember Items No. 10 to establish a City Ad Hoc Committee on Homelessness. (02:43:51)

Jason Lambert was called to speak and stated his support for Consent Calendar Item No. 6, regarding the Conceptual Master Plan of Improvements for Irby Park. (02:46:13)

Tina Toulouse, Surfing Museum Docent, was called to speak and voiced her support for the vision of seeing the 2024/2028 Olympic surfing competition in Huntington Beach. (02:46:47)

Corwin Reno was called to speak and voiced his support for the vision of seeing the 2024/2028 Olympic surfing competition in Huntington Beach. He also spoke in support of Councilmember Items No. 10 to establish a City Ad Hoc Committee on Homelessness. (02:48: 11)

Louann Coerper was called to speak and stated her support for Consent Calendar Item No. 6, regarding the Conceptual Master Plan of Improvements for Irby Park. (02:50:44)

Victor Leipzig was called to speak and stated his support of Ordinances for Introduction, No. 8, amending the Municipal Code to enhance law enforcement efforts to provide public safety and quality of life; Councilmember Items No. 10, establishing a City Council Ad Hoc Committee on Homelessness; and No. 11 to reaffirm the City's Declaration of Policy about Human Dignity. (02:53:55)

Patricia Smith was called to speak and voiced her opinions about the recent public march and rally at Balsa Chica State Beach and her concerns about the display of anti-Semite flags and signs. She asked that the City Council publicly assure all Huntington Beach citizens that they do not support discrimination and hate speech. (02:57: 11)

Fran Varga was called to speak and voiced her concerns for City Manager's Report, Item No. 1, the Rodgers Seniors' Center Building, and recent observed activities on this site which appear to be in violation of public trust for an area which is zoned as Public Open Space, Parks and Recreation. (02:58: 18)

Jody Williams was called to speak and shared that from her experience and activities to assist the homeless, it is her opinion that a temporary shelter is necessary to get a clean and sober homeless person into a long-term help program. (03:01 :17)

Erick Blaha was called to speak and stated his support for Consent Calendar Item No. 6, regarding the Conceptual Master Plan of Improvements for Irby Park. He stated that he and his seven-year old son are the ones that currently try to keep the garbage picked up and weeds mowed. (03:04:54)

Council/PFA Regular Minutes April 3, 2017 Page 8of14

Kathy Tillotson, Executive Director of Build Futures, was called to speak and shared that this non-profit has helped over 1,200 18-24 year old homeless youth in the last seven years. In her opinion, providing housing is the most important part of addressing homelessness. (03:06: 17)

Bill Kettler was called to speak and stated his support for Consent Calendar Item No. 6, regarding the Conceptual Master Plan of Improvements for Irby Park. (03:09:32)

Adam Rodell was called to speak and stated his support for Consent Calendar Item No. 6, regarding the Conceptual Master Plan of Improvements for Irby Park. (03:11 :28)

COUNCIL COMMITTEE -APPOINTMENTS - LIAISON REPORTS, AB 1234 REPORTING, AND OPENNESS IN NEGOTIATIONS DISCLOSURES

Councilmember O'Connell announced his appointment of Ken Evans to the Citizen Participation Advisory Board (CPAB). He also reported attending an Orange County Commission to End Homelessness meeting.

Mayor Delgleize reported meeting with representatives of the Police Officer's Association (POA), and attending a Southern California Edison Executive Committee meeting.

Councilmember Brenden reported touring the USS San Diego while it was moored at the Naval Weapons Station, attended a Southern California Edison Executive Committee meeting, the Orange County Committee to End Homelessness meeting, a Huntington Beach Search and Rescue Post 563 fundraiser, and a Beautification, Landscaping and Trees Committee meeting. He also reported meeting with representatives from the Huntington Beach Firefighters' Association (HBFA).

Councilmember Peterson announced his appointment of Allen Ray (former Investment Advisory Board appointee) to the Planning Commission, and Mark Ellett to the Investment Advisory Board to replace Allen Ray.

CITY MANAGER'S REPORT

1. City Manager Fred Wilson updated the City Council on the uses for the current Rodgers Center building, located at 1706 Orange Avenue.

City Manager Wilson provided a PowerPoint presentation entitled Plan for Use of the Rodgers Seniors' Center Building with slides titled Planned Interim Uses, and Potential Future Uses/Costs. City Manager Wilson also announced an Open House on May 6th to allow the public to come and see the planned changes.

Councilmember Hardy and Mr. Wilson discussed that currently the gates on that property are now unlocked, and the fencing was put up to prevent vandalism.

CONSENT CALENDAR

Council member Hardy pulled Consent Calendar Item Nci. 6 for further discussion.

Councilmember Semeta pulled Consent Calendar Item No. 4 for further discussion.

2. Approved and adopted minutes

Council/PFA Regular Minutes April 3, 2017 Page 9of14

A motion was made by O'Connell, second Hardy to review and adopt the City Council/Public Financing Authority regular meeting minutes dated March 20, 2017, as written and on file in the office of the City Clerk, as amended by Supplemental Communication.

The motion carried by the following vote:

AYES: NOES:

O'Connell, Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson None

3. Approved Cal OES Violence Against Women Act Grant (LE16 09 6860) for the 2017 calendar year which includes accepting the grant between the State of California, Governor's Office of Emergency Services (Cal OES) and the City; Approved the appropriation and expenditure of $272, 183, of which $204, 137 is to be fully reimbursed by the grant from Cal OES; and, amend the Professional Services Listing to include provided domestic violence services.

A motion was made by O'Connell, second Hardy to accept the grant between the State of California, Governor's Office of Emergency Services (Cal OES) and the City of Huntington Beach; and, approve the appropriation and expenditure of $272, 183 of which $204, 137 is to be fully reimbursed by the grant from Cal OES. The remaining $68,046 will be funded from appropriations in the police department's budget; and, amend the Professional Services Listing to include provided domestic violence services.

The motion carried by the following vote:

AYES: NOES:

O'Connell, Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson None

4. Approved City Council Position on Legislation Pending before Congress and the State Legislature as Recommended by the City Council Intergovernmental Relations Committee (IRC)

Councilmember Semeta pulled this item to discuss Part A) a City position of support for the highest possible funding for FY 2018 for the Transportation, Housing and Urban Development (T-HUD) bill. Councilmember Semeta's recommendation is to put this in a "watch" position to see what the actual bill is before approving it.

Councilmembers Brenden and Peterson voiced their support for amending Part A) to a "watch" position.

Mayor Pro Tern Posey voiced his opinion to alert voters that Part H), SB 35, would remove or limit local control for the Affordable Housing process, and that he opposes SB 35.

A motion was made by Semeta, second Peterson to approve a WATCH POSITION for the highest possible funding for FY 2018 for the Transportation, Housing, and Urban Development (T-HUD) bill.

The motion carried by the following vote:

AYES: NOES:

Semeta, Posey, Brenden, and Peterson O'Connell, Delgleize, and Hardy

A motion was made by Semeta, second Peterson to approve a City position of Oppose on AB 199 (Chu) Public Works: Private Residential Projects; and, approve a City position of Support on AB 572 (Quirk­Silva) Alcoholism or Drug Treatment Facilities: Orange County pilot program; and, approve a City

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Page 10of14

position of Support on AB 346 (Daly) Redevelopment: Housing Successor Low Moderate Income Housing Asset Fund; and, approve a City position of Support on AB 285 (Melendez) Drug and Alcohol Free Residences; and, approve a City position of Oppose on SB 649 (Hueso) Wireless Telecommunication Facilities; and, approve a City position of Oppose on AB 252 (Ridley-Thomas) Local Government: Taxation Prohibition Video Streaming Services; and, approve a City position of Oppose on SB 35 (Wiener) Planning and Zoning Affordable Housing Streamlined Approval Process; and, approve a City position of Oppose of SB 57 (Stern) Natural Gas Storage Moratorium.

The motion carried by the following vote:

AYES: NOES:

O'Connell, Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson None

5. Approved 2015-16 Annual Compliance reports for Public Library Facilities, Parkland Acquisition and Park Facilities, Law Enforcement Facilities and Fire Suppression Facilities Development Impact Fees (DIF), Planned Local Drainage Facilities, Sanitary Sewer Facilities and Fair ShareTraffic Impact Mitigation

A motion was made by O'Connell, second Hardy to approve the Annual Compliance Report, "Public Library Facilities Development Impact Fees Annual Report Fiscal Year 2015-16;" and, approve the Annual Compliance Report, "Parkland Acquisition and Park Facilities Development Impact Fees Annual Report Fiscal Year 2015-16;" and, approve the Annual Compliance Report, "Law Enforcement Facilities Development Impact Fees Annual Report Fiscal Year 2015-16;" and, approve the Annual Compliance Report, "Fire Suppression Facilities Development Impact Fees Annual Report Fiscal Year 2015-16;" and, approve the "Planned Local Drainage Facilities Fund Annual Compliance Report for Fiscal Year 2015-16;" and, approve the "Sanitary Sewer Facilities Fund Annual Compliance Report for Fiscal Year 2015-16;" and, approve the "Fair Share Traffic Impact Mitigation Fee Program Annual Compliance Report for Fiscal Year 2015-16."

The motion carried by the following vote:

AYES: NOES:

O'Connell, Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson None

6. Approved Conceptual Master Plan of Improvements for Irby Park, update of the Irby Park Master Plan, and potential updates and/or changes to the existing park

Council member Hardy pulled this item to provide the history and involvement of the neighborhood residents in this project, and to thank everyone for participating.

A motion was made by Hardy, second Brenden to approve the Conceptual Master Plan for Improvements at Irby Park as presented; and, approve updating the Irby Park Master Plan, along with potential updates and/or changes to the existing park.

Th.e motion carried by the following vote:

AYES: NOES:

O'Connell, Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson None

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Page 11of14

7. Adopted Resolution No. 2017-12 establishing Permit Parking District "U" affecting residents along Polynesian Lane and Regatta Drive in Huntington Beach

A motion was made by O'Connell, second Hardy to adopt Resolution No. 2017-12, "A Resolution of the City Council of the City of Huntington Beach Establishing Permit Parking District "U" on Regatta Drive and Polynesian Lane within the City of Huntington Beach."

The motion carried by the following vote:

AYES: NOES:

O'Connell, Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson None

ORDINANCES FOR INTRODUCTION

8. Approved for introduction Ordinance Nos. 4117, 4118, 4119, 4124 and 4129, amending the Huntington Beach Municipal Code to enhance law enforcement efforts to provide public safety and quality of life in Huntington Beach related to sidewalks, beach regulations, camping on public property, park regulations and refuse management; and, adopted Resolution 2017-03 regarding camping on public property

Council member O'Connell recused himself from this item due to the fact that he has a business investment at Legends which is within 500 feet of an area impacted by these Ordinances, and left the dais.

City Manager Fred Wilson introduced Police Captain Kelly Rodriguez who gave a PowerPoint presentation entitled: Updating City Municipal Codes with slides entitled: Updating City Municipal Codes (3), Proposed New Municipal Code, Updating City Municipal Codes (2), Proposed New Municipal Code, Updating City Municipal Codes, and Comments/Questions?

Councilmember Brenden confirmed with Police Captain Rodriguez that the wording related to Camping on Public Property has previously been challenged but upheld.

A motion was made by Peterson, second Posey to, after City Clerk reads by title(s), approve for introduction Ordinance No. 4117, "An Ordinance of the City of Huntington Beach Amending Chapter 12.32 of the Huntington Beach Municipal Code Relating to Sidewalks;" and, approve for introduction Ordinance No. 4118, "An Ordinance of the City of Huntington Beach Amending Chapter 13.08 of the Huntington Beach Municipal Code Relating to Beach Regulations;" and, approve for introduction Ordinance No. 4119, "An Ordinance of the City of Huntington Beach Amending Chapter 13.10 of the Huntington Beach Municipal Code Relating to Camping on Public Property;" and, approve for introduction Ordinance No. 4124, "An Ordinance of the City of Huntington Beach Amending Chapter 13.48 of the Huntington Beach Municipal Code Relating to Park Regulations;" and, approve for introduction Ordinance No. 4129, "An Ordinance of the City of Huntington Beach Amending Chapter 8.21 of the Huntington Beach Municipal Code Relating to Refuse Management;" and, adopt Resolution No. 2017-13, "A Resolution of the City Council of the City of Huntington Beach Regarding the Administrative Procedure for the Removal of Unlawful Campsites, Bulky Items, and Personal Property."

The motion carried by the following vote:

AYES: NOES: RECUSED:

Semeta, Posey, Delgleize, Brenden, and Peterson None O'Connell

OUT OF ROOM: Hardy

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Page 12of14

Upon returning to the dais, Councilmember O'Connell went on the record to voice his concerns about how some of the law enforcement efforts to provide public safety and quality of life in Huntington Beach actually result in penalizing or criminalizing the homeless.

COUNCILMEMBER ITEMS

9. Submitted by Mayor Pro Tern Posey and Councilmember Peterson - Direct the City Manager to issue a Request for Proposal for Parking Management Services for the Main Promenade Parking Structure

Councilmember O'Connell recused himself from this item because of his financial interest in a business within 500 feet of the parking structure.

Mayor Pro Tern Posey and Councilmember Peterson discussed their recommendation for an RFP for parking management services at the Main Promenade Parking Structure to help determine if an outside contractor might deliver more customer service and increased revenues to the City. They also indicated that the RFP should consider demand-level parking for the structure.

Councilmember Hardy asked if a parking pass would continue to work in the structure, and confirmed with staff that there would be no obligation to accept any RFP if Council decided to stay with the status quo. She also confirmed that the RFP will include operating the parking service and maintaining the structure.

Council member Brenden suggested that the RFP include an option for City control of the parking cost.

A motion was made by Posey, second Peterson to direct the City Manager to issue a Request for Proposal for Parking Management Services for the Main Promenade Parking Structure within 60 days.

The motion carried by the following vote:

AYES: NOES: RECUSED:

Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson None O'Connell

10. Submitted by Councilmember O'Connell - Consider establishing a City Council Ad Hoc Committee on Homelessness

Councilmember O'Connell introduced this item by providing some statistics about costs related to homelessness in Orange County and stated his opinion that efforts to reach out and empower people in a homeless situation can result in success not only for the individuals but the community as a whole. He further shared that the City lacks a comprehensive strategy for addressing the homeless issue, and recommends an Ad Hoc Committee on Homelessness, consisting of himself, Mayor Delgleize and Councilmember Brenden, be established by the Mayor to work with the proper stakeholders to provide . the needed direction.

Mayor Delgleize and Council member Brenden voiced their support of this item. Council member Brenden further stated that he sees the Ad Hoc Committee as an umbrella to help coordinate county-wide existing homeless services.

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Councilmember Peterson voiced his opinion that the City's Public Safety and Public Works teams have implemented some of the Homelessness Task Force recommendations made a year ago, and that the City should not be "compassionate" by using tax monies for the benefit of another individual. It is up to each individual to show compassion and provide the funding for solutions. He believes an Ad Hoc Committee could help by coordinating and utilizing the many resources which already exist.

Councilmember Semeta commended the Homelessness Task Force, the Police Department and the Social Worker for the tremendous effort they have put into the homeless issue this past year. Councilmember Semeta also suggested a "regional" approach for the Ad Hoc Committee.

Mayor Pro Tern Posey shared that through the efforts of the Homelessness Task Force, Catherine Lukehart and Deputy Director of Economic Development K-ellee Fritzal's office, about 25 percent of the City's homeless have been housed; the remaining 75 percent are "service resistant." He is in support of the Ad Hoc Committee, and suggests that they consider the return on investment, i.e., service costs vs. the savings in social services and law enforcement. The costs and savings need to be quantified, and there needs to be ways to engage those who are service resistant.

A motion was made by O'Connell, second Brenden for the Mayor to establish a City Council Ad Hoc Committee comprised of Councilmember O'Connell, Mayor De/g/eize and Councilmember Brenden to work with key stakeholders to formulate a homelessness work plan based upon the recommendations of the Homelessness Task Force for Council's further review and action.

The motion carried by the following vote:

AYES: NOES:

O'Connell, Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson None

11. Submitted by Councilmember O'Connell - Reaffirm the City's Declaration of Policy about Human Dignity

Mayor Pro Tern Posey stated that he supports Councilmember O'Connell's efforts to reaffirm the City's Declaration of Policy about Human Dignity, but doesn't believe a resolution on this issue is necessary because a government mandate is not appropriate.

Councilmember Hardy stated that the City's Declaration of Policy about Human Dignity should be reaffirmed annually. City Clerk Robin Estanislau confirmed that in 1997 the Policy was approved as a declaration and was memorialized by being included in the minutes, but no resolution was passed.

Mayor Delgleize suggested that this Council should acknowledge the former Council Members for creating the Declaration and reaffirm support for this Policy.

A motion was made by O'Connell, second Posey that the City Council reaffirm the City's support for the "Declaration of Policy About Human Dignity."

The motion carried by the following vote:

AYES: NOES:

· .. Q'Connell,.Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson None · ··

COUNCILMEMBER COMMENTS (Not Agendized)

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Council member Semeta reminded everyone that April is Autism Awareness Month and she thanked the teachers and therapists who help people with autism.

Councilmember Hardy provided an update on the Huntington Beach Reads One Book program and shared that this year's author discussed his writing process when meeting with local high school students.

Councilmember Brenden reported attending an Eagle Court of Honor for Michael Pham and Dominick Laffoon, a dinner for the Pacifica District of the Boy Scouts, toured the Tank Farm project, attended the 19th Annual Lion's Club Crab Fest, the Huntington Beach Police and Community Foundation dinner, the Casino Night fundraiser for Huntington Beach Education Foundation, and joined 200 other volunteers to build a playground for the Boys and Girls Club.

Mayor Pro Tern Posey reported attending the Nowruz Festival (Persian New Year) in Irvine, Huntington Beach Police Department Community Foundation Fundraiser, and the McKenna Claire Foundation Golf Tournament.

Councilmember O'Connell gave a big shout out to Huntington Beach High School for recognizing Huntington Beach First Responders at a recent baseball game, and reported attending a Huntington Beach Surf Museum swim out, a Southern California Edison Executive Committee customer briefing meeting, the Huntington Beach Tomorrow Annual Meeting, the Huntington Beach Search and Rescue Explorer Program's First Annual Banquet in support of the 64 explorer members, the Huntington Beach Police Officers' Foundation dinner, and the Community Action Partnership of Orange County Recognition event.

Mayor Delgleize reported participating in the Huntington Beach Meals on Wheels delivery program, and the Huntington Beach Search and Rescue Explorer Program's First Annual Banquet. She also announced that June 2oth is International Surfing Day.

Councilmember Peterson reported that Jack's Surfboards is celebrating 60 years in Huntington Beach.

RECESSED to Closed Session Item #4- 9:17 PM

ADJOURNMENT -At 9:36 PM to the next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority on Monday, April 17, 2017, at 4:00 PM in the Civic Center Council Chambers, 2000 Main Street, Huntington Beach, California.

ATTEST:

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