minutes city council/public financing authority 4:00 pm ... · 1. community choice aggregator (cca)...

Minutes

City Council/Public Financing Authority City of Huntington Beach

Monday,August7, 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 - 4:00 PM

ROLL CALL

Present: Absent:

O'Connell, 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:

Study Session #1 : Email communication with brief bios of the presenters of the Community Choice Aggregation (CCA) Overview

PowerPoint communication entitled Community Choice Aggregation (CCA)

PowerPoint communication entitled CCAs and the Transformation of California's Energy System: Why Local Governments Need to Engage.

Study Session #2: PowerPoint communication entitled FY 201712018 Capital Improvement Program (GIP).

PUBLIC COMMENTS PERTAINING TO STUDY SESSION I CLOSED SESSION ITEMS (3 Minute Time Limit) - 9 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.

Carol Woodworth was called to speak and stated her opposition to Study Session Item No. 1, Community Choice Aggregator (CCA), and Administrative Item No. 21, execution of the Community Choice Aggregator (CCA) Non-Disclosure Agreement (NOA) with Southern California Edison (SCE). (00:02:07)

Council/PFA Regular Minutes August 7, 2017

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Ron Sterud was called to speak and stated his opposition to Study Session Item No. 1, Community Choice Aggregator (CCA) and Administrative Item No. 21, execution of the Community Choice Aggregator (CCA) Non-Disclosure Agreement (NOA) with Southern California Edison (SCE). (00:04:52)

Jim Ward was called to speak and stated his support for Study Session Item No. 1, Community Choice Aggregator (CCA) and Administrative Item No. 21, execution of the Community Choice Aggregator (CCA) Non-Disclosure Agreement (NOA) with Southern California Edison (SCE). (00:05:28)

Steve Shepherd was called to speak and stated his support for Study Session Item No. 1, Community Choice Aggregator (CCA) and Administrative Item No. 21, execution of the Community Choice Aggregator (CCA) Non-Disclosure Agreement (NOA) with Southern California Edison (SCE). (00:06:13)

Kirk Nason was called to speak and stated his support for Study Session Item No. 1, Community Choice Aggregator (CCA) and Administrative Item No. 21, execution of the Community Choice Aggregator (CCA) Non-Disclosure Agreement (NOA) with Southern California Edison (SCE). (00:09:19)

Roger Gloss was called to speak and stated his support for Study Session Item No. 1, Community Choice Aggregator (CCA) and Administrative Item No. 21, execution of the Community Choice Aggregator (CCA) Non-Disclosure Agreement (NOA) with Southern California Edison (SCE). (00:12:33)

Michael Rotcher was called to speak and stated his support for Study Session Item No. 1, Community Choice Aggregator (CCA) and Administrative Item No. 21, execution of the Community Choice Aggregator (CCA) Non-Disclosure Agreement (NOA) with Southern California Edison (SCE). (00:14:11)

Dan Kalmick, business owner, H.B. homeowner, and candidate for City Council in 2018, was called to speak and stated his support for Study Session Item No. 1, Community Choice Aggregator (CCA) and Administrative Item No. 21, execution of the Community Choice Aggregator (CCA) Non-Disclosure Agreement (NOA) with Southern California Edison (SCE). (00:16:34)

Dave Sullivan, H. B. resident, was called to speak and stated he has concerns about CCAs but he is keeping an open mind to learning more about Study Session Item No. 1, Community Choice Aggregator (CCA). He also spoke in favor of providing Sunday hours at Central Library. (00:19:09)

STUDY SESSION

1. Community Choice Aggregator (CCA) overview

City Manager Wilson introduced Howard Choy, Retired General Manager of Sustainability, Los Angeles County, Internal Services Department, an expert in the energy industry who presented a PowerPoint communication entitled CCAs and the Transformation of California's Energy System: Why Local Governments Need to Engage with slides entitled: How Local Energy Aggregation Works, Why Join a CCA ?, and Summary.

Councilmember Hardy and Mr. Choy discussed why Southern California Edison (SCE) does not see Community Choice Aggregators (CCA) as a threat to their business, but as the best grid designer, operator and manager.

Mayor Delgleize confirmed with Mr. Choy that CCAs are regulated by the California Public Utilities Commission (CPUC), that no re-wiring would be required to utilize a CCA, and that the selected structure would determine the need for additional City staff (if any).


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Councilmember O'Connell and Mr. Choy discussed that California currently is in an electric oversupply situation. Mr. Choy stated that in his experience the cost savings for cities using CCAs is approximately 5% for the overall bill. Also, from his perspective, the greatest weakness of a CCA is the "stranded" cost (difference between current utility contracts and market price) as the CCA must pay that cost difference to the utility. Discussion continued on study and start-up costs of possibly $2 - $4 Million, and operation costs that would be recouped through the rates charged. Mr. Choy stated that for a frame of reference the initial outlay would most likely be recouped within a year, but ultimately it would depend upon the gap between the CCA's rate and the utility's rate.

Councilmember Peterson and Mr. Choy discussed that to develop a smaller local project would be more expensive than the proportionate share of a large plant out of the area. It was stated that analysis of all of the numbers and options need to be considered, such as working with an existing CCA, and that there are multiple CCA models to consider.

City Manager Wilson introduced Mr. Jim Phelps, Consultant, who has an engineering and construction business and expertise in rate analysis and regulatory aspects related to CCAs. Mr. Phelps presented a PowerPoint communication entitled: Community Choice Aggregation (CCA) with slides entitled: Los Angeles Community Choice Energy Authority Joint Powers Agreement, Mary Nichols, Chairman -California Air Resources Board, City of Huntington Beach CCA Workshop, Monthly Electric Bill, CCA "Generation" Pricing, Exit fee effect on CCA "Generation" Pricing, SCE exit fees ... per month ... a shakedown?, MCE Proposed Rates for Fiscal Year 2017118 (2), Financial Statements, County of Los Angeles, Community Choice Energy Business Plan (2), Los Angeles Community Choice Energy Authority Joint Powers Agreement (2), Consumer Choice, Opt Out ("Choice'? Controlled by CCA, 11-07-2013 MCE board minutes, Opt Out ("Choice'? telephone lines (3), CCA Opt Out, GHGs the backbone of CCA deception, CCA "Generation" - Reducing GHGs?, Renewable Energy Certificates, MCE's Annual GHG Emission Rates - Advertised, MCE's Annual GHG Emission Rates -Actual, CCAs "clean" energy, MCe (Marin Clean Energy) "Clean" Energy Volumes, Lancaster Choice Energy (6 mos. data), Mary Nichols, Chairman - California Air Resources Board, Why RECs? Summary, Addendum, Memorandum (3), California RPS Requirements as a Percent of Total Power Supply, California RPS Mandate, Default RPS Product, County of Los Angeles Community Choice Energy Business Plan (4), Los Angeles Community Choice Energy Joint Powers Agreement Public Comments and Responses, Renewable Portfolio Standard, South Bay Clean Power (3), Huntington Beach CCA - 2 options - same destination, and Marin clean energy (2).

Councilmember Hardy asked why utilities appear to support CCA competition, and Mr. Phelps replied that from his information, utilities have been instructed by the California Public Utilities Commission to not discredit any CCAs.

Mayor Delgleize and Mr. Phelps discussed that there are different CCA purposes, such as using more green, or renewable energy, and/or reducing rates.

Councilmember Peterson and Mr. Phelps discussed the distribution of power from specific distant places such as Lancaster or Palm Springs to Huntington Beach. Both Mr. Choy and Mr. Phelps agreed that generally .the power received is a big mix. Mr. Choy clarified that the Los Angeles study does not include unbundled Renewable Energy Certificates (RECs).

Councilmember O'Connell and Mr. Phelps discussed the strengths of CCAs from his perspective, and that state regulators, not CCAs, are driving clean energy.


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Mayor Pro Tern Posey stated his appreciation to both speakers for sharing from their perspectives and he now feels more strongly that a study is necessary.

Councilmember Semeta asked for a summary of specific end-user benefits. Mr. Choy stated that the ability to control rates and to meet local policies and goals can be met through a CCA. Mr. Phelps stated that from his experience and perspective, CCA recitals include statements that the California Air Resources Board (GARB) is promulgating regulations for local governments to reduce carbon emissions, and a GARB member has confirmed to him that local government regulations would only apply to a local government that owned their power plant.

Mayor Pro Tern Posey stated that in his opinion this is not the time to discuss the pros and cons of CCAs but to determine whether the Council wants to proceed with a comprehensive study which would include the pros and cons.

Councilmember Brenden, Mr. Choy and Mr. Phelps further discussed potential rate savings and whether savings are on the total bill or on just the generation portion of the bill.

Councilmember Peterson, Mr. Phelps and Mr. Choy discussed how looking at the Non-Disclosure Agreement (NOA) provides the details necessary to project usage for long-term contracts.

2. The Public Works Department presented the proposed Capital Improvement Program for Fiscal Year 2017-2018.

City Manager Wilson introduced City Engineer Tom Herbel who presented a PowerPoint communication entitled: FY 201712018 Capital Improvement Program (GIP) with slides entitled: HB Public Works, Design, Build, Maintain, 16117 Highlights (3), Capital Improvement Program (GIP), FY 17118 GIP Budget, GIP Funding by Category (New Appropriations), GIP Funding Sources (new appropriations), Facilities $1.4M (2), Facilities and Fleet Infrastructure, Neighborhood $3.6M, Parks and Beaches $4.1M (2), Sewer Improvements $4. OM, Sewer Infrastructure, Streets and Transportation $5. 9M (3), Roadway Infrastructure, Transportation Infrastructure, Water Improvements $6.4M, Water Infrastructure (2), Unfunded/Deferred Project List, Budget/GIP Schedule, and Questions.

Councilmember Peterson and staff discussed wayfinding signs in the City's and VisitHB's budgets. Mr. Herbel also explained that greater details will be in the budget, and this presentation was a more general overview.

Councilmember Hardy asked for further details on the Council Chambers AV upgrade and Library wayfinding projects.

Councilmember Semeta asked for further details to determine if better signage at the Library could possibly reduce staff time required to direct people.

RECESSED TO CLOSED SESSION - 5:49 PM

A motion was made by O'Connell, second Hardy, to recess to Closed Session for Items 3 - 5.

With no objections, the motion carried.

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


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will be participating in today's Closed Session discussions regarding labor negotiations with: Huntington Beach Police Officers' Association (POA), Huntington Beach Firefighters' Association (HBFA), and Management Employees' Organization (MEO).

CLOSED SESSION

3. Pursuant to Government Code§ 54956.9{d)(1), the City Council recessed into Closed Session to confer with the City Attorney regarding the following lawsuit: George and Kathleen Pickett v. City of Huntington Beach/Steven Tilton, Orange County Superior Court Case No. 30-2014-00754342.

4. Pursuant to Government Code§ 54956.9{d){1), the City Council recessed into Closed Session to confer with the City Attorney regarding the following lawsuit: The Kennedy Commission, et al. v. City of Huntington Beach, Orange County Superior Court Case No. 30-2015-00801675, which concerns a challenge to the City Council action amending the Beach and Edinger Corridors Specific Plan.

5. 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 Police Officers' Association {POA), Huntington Beach Firefighters' Association {HBFA) and Management Employees' Organization {MEO).

6:00 PM - COUNCIL CHAMBERS

RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING - 6:37 PM

ROLL CALL

Present: Absent:


PLEDGE OF ALLEGIANCE - Led by Mayor Pro Tern Posey

INVOCATION - Marsha Rechsteiner of Sts. Simon & 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 presented a check to Stephanie Deagle for $1,613 from the Huntington Beach employees for the HB Relay for Life, American Cancer Society. Ms. Deagle expressed appreciation to the employees, and especially Julie Toledo, for a successful 1960's themed B-B-Q fundraiser. She also announced the Relay for Life fundraiser on August 12 and 13 and invited everyone to participate.

Mayor Delgleize acknowledged the 4th of July Board. Pat Stier and Stacey Hoffer, Parade Directors, acknowledged the support of the City, sponsors and volunteers who all work hard for a successful event, and introduced board members Linda D. Couey, Andi Kowal, Chris Young, and Jon Ross who were in


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attendance, plus Linda Vircks and Karen Pedersen who were not present. Ms. Hoffer also thanked Members-at-Large Lisa Bannister, Carolyn Walls, LeeAnn, Michael Couey, and Dave Sullivan for their year-round efforts to support a successful event.

Mayor Delgleize called on representatives from Orange County Mosquito and Vector Control District who presented an update on mosquito control. Mr. Rick Howard, District Manager, introduced Lori Young, Director of Communications, Bob Cummings, Director of Scientific Technical Services, Larry Shaw, Director of Operations, Michael Posey, Member of the Board of Trustees, and John Drake, the applicator who applies treatments in Huntington Beach. Mr. Howard and Ms. Young presented a PowerPoint communication entitled Partners in Protecting the Public Health of Orange County Residents since 1947, with slides entitled About the Orange County Mosquito and Vector Control

· District, West Nile Virus Spread - Aug. 1999 - Dec. 2004, California State West Nile Virus Surveillance System Risk Map, Mosquito Life Cycle Always Begins in Water, West Nile Virus Transmission Cycle in Orange County, Annual Patterns of Human WNV Infections in Orange County, Calif., 2004- 2016, Created WNV "Hot Spot" Map, WNV Nile Virus High Risk Areas (2014- 2016) Hotspot Analysis, High Risk Area 9 Cities, Mosquitoes descend on community, City of Huntington Beach Areas of Concern (2), Helicopter Larvicide Application, Huntington Beach Central Park Library and Shipley Nature Center Trap Locations, Food Channels, Parks, Gutters, Underground/Manholes, City of Huntington Beach: All "Known" Current Sources, Underground Storm Drains, Backpack, Truck-mounted, Aerial, Two Invasive Aedes Mosquitoes of Concern, Both have similar Life Cycles and Breeding Habitats, Mosquitoes Invasive Aedes, Location of Travel for Zika Cases, Materials for Distribution, Social Media, Print Messaging and Signs (2), In-Class Education, eAlerts, and Discovery Channel Documentary.

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:

Consent Calendar: Item No. 4 - Resignation dated July 18, 2017, from Mark Bixby of his position on the Citizens Infrastructure Advisory Board.

Item No. 4 - Email communications regarding proposed Ocean View School District (OVSD) representative to the Community Services Commission submitted by: Chuck Johnson, Jennifer Brannon, Cathy Haro, Derek Ugland, Thomas Ugland, Robert Gustafson, Coop Cooper, Paula Jean, Devin Ugland, Joe De Vore, Gina Clayton-Tarvin, Katheryn Clark (2), Hilarie Kelly (2), and Janice E. Ugland.

Item No. 5 - Email communication regarding proposed Personnel Commission appointments and reappointments submitted by Pat Quintana.

Public Hearing: Item No.15 - Notice of typographical error on page 3 of the Annual Action Plan for 2017-2018 CDBG and HOME Programs.

item No.16 - Memorandum submitted by Scott Hess, Director of Community Development dated August 3, 2017, describing a proposed change to Section 230.96(H) of the Huntington Beach Zoning and Subdivision Ordinance. The memo includes a revised copy of Ordinance No. 4136 w/legislative draft.

Item No.16 - PowerPoint communication submitted by Scott Hess, Director of Community Development dated August 7, 2017, and entitled Zoning Text Amendment No. 2017-003- Small Cell Sites.

Item No.16 - Revised PowerPoint communication submitted at the meeting.


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Item No. 16 - Email communication submitted by Jeff Morin entitled Wireless ZTA Conflicts.

Administrative Items: Item No. 17 - Email communications regarding the Three-Month Report on Organic Chemical Pilot Study at West Central Park: Mary Ann Celinder, Mary Nason, Carol Keane, Karen Coyne, Brendon Perkins, Tim Kowal, Pam Kamps (2), and Cynthia Romanowski.

Item No. 18 - PowerPoint communication entitled Adopt Resolution No. 2017-42, Downtown Alcohol and Live Entertainment, August 7, 2017.

Item No. 21 - Email communications regarding the Community Choice Aggregator Non-Disclosure Agreement with Southern California Edison submitted by: Kirk J. Nason, Karen Coyne, Richard Morris, Pam Kamps, Mary Ann Celinder, Beth Webb, Mary Nason, Carol Keane and Sophie Wolfram.

PUBLIC COMMENTS (3 Minute Time Limit) 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.

Ralph Bauer was called to speak and asked that the City support concerts in Central Park presented by the Huntington Beach Concert Band. He also requested that the City underwrite the $2,000 to $3,000 cost of erecting the band shell, and that this item be a future agenda item that the City Council votes on. (02:26:21)

HoiYin, representing the Sierra Club, Coastkeepers, Surfriders, Help Your Harbour and Zero Trash, was called to speak and shared support for the California Statewide Trash Policy which mandates zero trash in all waterways in ten years. She encouraged the City to continue to follow the Track 1 options and add the Track 2 options. She also offered assistance in monitoring trash that escapes, writing grant requests, and developing a plan to track trash sources. (02:28: 15)

Karen Coyne was called to speak and stated her support of Administrative Item No. 17 regarding the Organic Chemical Pilot Study at West Central Park; Track 1 of the California Statewide Trash Policy with plans to eliminate all trash in all waterways; and Administrative Item No. 21 regarding Community Choice Aggregator (CCA) Non-Disclosure Agreement (NDA) with Southern California Edison (SCE). (02:30:51)

Andi Kowal was called to speak and thanked the City Council for acknowledging the July 4th Board and their successful event. She continued speaking as a Founder of Non-Toxic HB, and shared some facts related to Administrative Item No. 17, the Organic Chemical Pilot Study at West Central Park. (02:33:53)

Karen Jackie, President, Huntington Beach Tomorrow, and Public Policy for the American Association of University Women (AAUW}, was called to speak and stated her support of Administrative Item No. 17 related to Organic Chemical Pilot Study at West Central Park, for a healthy environment. She also reviewed Proposition 65 signage requirements when toxic chemicals are used. (02:37:14)

Julie Bixby was called to speak and stated her support of Consent Calendar Item No. 4, regarding the appointment of her husband Mark as Ocean View School District Representative to the Community Services Commission. (02:40:24)

Council/PFA Regular Minutes

August 7, 2017 of 23

John Briscoe, Ocean View School District Trustee, was called to speak and thanked the Huntington Beach Police Department and First Responders for exemplary work when he was recently hit by a car while riding his bicycle. He also voiced concerns related to the General Plan Update and Environmental Impact Report currently in process, specifically plans for high density, low-income apartments and zone changes that will impact school districts. He concluded by stating his support for Consent Calendar Item No. 4 - appointment of Mark Bixby as Ocean View School District Representative to the Community Services Commission. (02:42:16)

Garry Brown, Founder and President, Orange County Coastkeepers (OCC), was called to speak and shared some facts related to the California Statewide Trash Policy which mandates zero trash in all waterways in ten years. He announced September 16 as Annual Ocean Clean-up Day and stated there will be six clean-up sites in Huntington Beach. He encouraged the City to apply for Measure M funds through the Orange County Transportation Authority (OCTA) Environmental Clean-up Allocation Committee for trash clean-up. (02:45:30)

Jim Ruziecki was called to speak and stated his support for Councilmember Items No. 22 regarding a Community Meeting on Airport Noise Issues. (02:49:06)

Bruce Allen was called to speak and stated his support for Councilmember Items No. 22 regarding a Community Meeting on Airport Noise Issues. (02:50:37)

Harley Rauda, 48th Congressional District Candidate, was called to speak and stated that he looks forward to working on local issues such as bringing in good, high-paying jobs, keeping housing affordable, addressing homelessness, and bringing more Federal dollars back to the 48th District. (02:52:58)

Mario Tabernig was called to speak and asked that the City Council write a letter of complaint to Mr. Dennis Roberts, Regional Administrator, Western Pacific Region, Federal Aviation Administration regarding the excessive Long Beach Airport noise issues. (02:54:07)

Amory Hanson, Huntington Beach City Council candidate in 2018, was called to speak and stated his concerns about a resolution related to election of a Mayor. In his opinion, a mayor pro tern should not be penalized by being forced to give up his term in the rotation if he is required to step into the position of Mayor mid-term. (02:56:48)

Joe DeVore was called to speak and voiced his opposition to Consent Calendar Item No. 4 regarding the appointment of the Ocean View School District Representative to the Community Services Commission (CSC). (02:59:07)

Dan Jamieson was called to speak and stated his support for Administrative Item No. 17 regarding the Organic Chemical Pilot Study at West Central Park. (03:01 :00)

Ken Mattocks was called to speak and stated his support for Council Member Item No. 22 regarding a Community Meeting on Long Beach Airport noise issues. (03:01 :43)

Chris Kawahara was called to speak and stated her support for Administrative Item No. 17 regarding the Organic Chemical Pilot Study at West Central Park; Administrative Item No. 21 regarding execution of the Community Choice Aggregator (CCA) Non-Disclosure Agreement (NOA) with Southern California Edison (SCE); and for Track 1 for the California Statewide Trash Policy which mandates zero trash in all waterways in ten years. (03:04:32)


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Steve Shepherd was called to speak and stated his support for Administrative Item No. 17 regarding the Organic Chemical Pilot Study at West Central Park, and for Administrative Item No. 21 regarding execution of the Community Choice Aggregator (CCA) Non-Disclosure Agreement (NDA) with Southern California Edison (SCE). (03:05:41)

Connie Betz was called to speak and stated her support for Council Member Item No. 22 regarding a Community Meeting on Long Beach Airport noise issues. (03:09:01)

Ellen Jacobs was called to speak and stated her support of Administrative Item No. 17 regarding the Organic Chemical Pilot Study at West Central Park, and for Administrative Item No. 21 regarding execution of the Community Choice Aggregator (CCA) Non-Disclosure Agreement (NDA) with Southern California Edison (SCE). (03: 10:27)

Dianne Thompson, HB Chamber, Government Affairs Committee, was called to speak and stated support for Administrative Item No. 21 regarding execution of the Community Choice Aggregator (CCA) Non-Disclosure Agreement (NDA) with Southern California Edison (SCE). (03: 10:51)

Linda Kraemer was called to speak and stated support for Administrative Item No. 17 reg<irding the Organic Chemical Pilot Study at West Central Park, and for Administrative Item No. 21 regarding execution of the Community Choice Aggregator (CCA) Non-Disclosure Agreement (NDA) with Southern California Edison (SCE). (03:11:54)

Tim Kowal, HB Tomorrow and Non-Toxic HB, was called to speak and stated support for Administrative Item No. 17 regarding the Organic Chemical Pilot Study at West Central Park. (03: 13:22)

Kirk Nason was called to speak and stated his support for Administrative Item No. 17 regarding the Organic Chemical Pilot Study at West Central Park, and for Administrative Item No. 21 regarding execution of the Community Choice Aggregator (CCA) Non-Disclosure Agreement (NDA) with Southern California Edison (SCE). (03:15:55)

Roger Gloss, resident of Rancho Santa Margarita, was called to speak and stated his support for Administrative Item No. 21 regarding execution of the Community Choice Aggregator (CCA) NonDisclosure Agreement (NDA) with Southern California Edison (SCE). (03: 18: 13)

Michael I. Rotcher, resident of Mission Viejo, was called to speak and stated his support for Administrative Item No. 21 regarding execution of the Community Choice Aggregator (CCA) NonDisclosure Agreement (NDA) with Southern California Edison (SCE). (03:20: 19)

Jim Ward, resident of Rancho Santa Margarita, was called to speak and stated his support for Administrative Item No. 21 regarding execution of the Community Choice Aggregator (CCA) NonDisclosure Agreement (NDA) with Southern California Edison (SCE). (03:22:03)

Richard Plummer, Downtown Huntington Beach resident, was called to speak and voiced opposition to Administrative Item No. 18 regarding Resolution No. 2017-42, which modifies the City's guidelines and standard list of conditions of approval applicable to eating and drinking establishments with alcoholic beverage sales and/or live entertainment located in Downtown Specific area, District 1. (03:24:30)

Victor Valladares, Oak View ComUNIDAD, was called to speak and stated his support for Consent Calendar Item No. 4 regarding the appointment of the Ocean View School District Representative to the Community Services Commission (CSC). (03:27:54)


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Spencer Hagaman, resident of Huntington Beach, was called to speak and shared of his plans to leave for Yale University before the next City Council meeting, and took this opportunity to thank the City Council for doing their job. (03:30:05)

Cari Swan was called to speak and stated her opposition to Administrative Item No. 21 regarding execution of the Community Choice Aggregator (CCA) Non-Disclosure Agreement (NOA) with Southern California Edison (SCE). (03:31 :52)

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

Councilmember Brenden reported attending the OC Forum luncheon, a Public Cable Television Authority Board meeting, a Downtown Business Improvement District (BID) meeting, the OC Tax luncheon, meeting with the Huntington Beach Police Officers' Association (HBPOA), conducted interviews to fill vacancies on the Children's Needs Task Force (CNTF), and attended a 4th of July Executive Board meeting. In addition, the Ad Hoc Committee on Homelessness met with Beach Cities Interfaith Services (BCIS) and a representative from CityNet, had a Committee meeting, toured a single-room occupancy facility in Huntington Beach, and attended the Association of California Cities - Orange County (ACC-OC) Continuum of Care tour.

Councilmember Semeta reported attending the OCTax luncheon.

Mayor Pro Tern Posey reported meeting with Huntington Beach Police Officers' Association (HBPOA) members as well as members of the Huntington Beach Firefighters' Association (HBFA).

Councilmember Hardy reported a telephone conversation with the Huntington Beach Firefighters' Association (HBFA), and receiving a letter of resignation from a member of the Citizen Participation Advisory Board (CPAB), stating that she has not yet decided on a new appointment.

Mayor Delgleize reported attending a Cybersecurity Task Force meeting, and shared that she will be participating in the 2017 Mayors' Challenge, an initiative to help U.S. city leaders develop inventive ideas that tackle today's toughest problems, and an opportunity to win $5 million.

Councilmember Peterson reported that the Historical Resources Board is still looking for applicants, and that he attended a meeting of the 4th of July Board.

Councilmember O'Connell reported attending a Housing and Community Development Board of Directors meeting, he also met with members of the Huntington Beach Firefighters' Association (HBFA) and members of the Huntington Beach Police Officers' Association (HBPOA).

1. Council Report/Appointment of a Voting Delegate and Alternate to the League of California Cities Annual Conference and Business Meeting

A motion was made by Hardy, second Brenden to appoint Mayor Pro Tern Posey to serve as the voting delegate and Councilmember Billy O'Connell as alternate, to represent the City of Huntington Beach at the 2017 League of California Cities Annual Conference and Annual Business Meeting, scheduled for September 13-15, 2017.

The motion carried by the following vote:


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AYES: NOES:


CITY MANAGER'S REPORT - None

CITY TREASURER'S REPORT

2. Received and Filed the City Treasurer's June 2017 Quarterly Investment Summary Report

City Treasurer Cutchen presented a PowerPoint communication entitled: Quarterly Treasurer's Report with slides entitled: Market Overview - At 6130117, Bond Basics, Portfolio Summary, Investments by Type, Monthly Earnings - July 2016 to June 2017, Portfolio Earnings -As of June 30, 2017, and Compliance.

A motion was made by O'Connell, second Semeta to receive and file the City Treasurer's Quarterly Investment Report for June 2017, pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach.


AYES: NOES:

CONSENT CALENDAR


Mayor Pro Tern Posey pulled Items 4, 6, and 7 for further discussion.

3. Approved and adopted minutes

A motion was made by Brenden, second O'Connell to review and adopt the City Council/Public Financing Authority regular meeting minutes dated July 17, 2017, as written and on file in the office of the City Clerk.


AYES: NOES:


4. Denied appointment of the Ocean View School District Representative to the Community Services Commission (CSC) with a term to expire June 30, 2018, as recommended by the local School District - continued from July 17, 2017 meeting

Mayor Pro Tern Posey stated that the City Ordinance states that college and public school districts may recommend representatives for City Council commissions, and his recommendation is to not approve Mr. Bixby.

·Council member Hardy stated that if Mr. Bixby is not approved for the Community Services Commission, she intends to ask him to continue to serve on the Citizen Participation Advisory Board.

A motion was made by Hardy, second O'Connell to appoint Mark Bixby, Ocean View School District Representative, to a term of July 1, 2017 to June 30, 2018.


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The motion failed by the following vote:

AYES: O'Connell, and Hardy NOES: Semeta, Posey, Delgleize, Brenden, and Peterson

5. Approved the reappointment of Marcie Edwards and Phillis Lane and the appointment of Katherine Elford to the Personnel Commission (PC) with terms to expire June 30, 2019, as recommended by City Council Liaisons Semeta and O'Connell

A motion was made by Brenden, second O'Connell to approve the reappointment of Marcie Edwards and Phillis Lane and the appointment of Katherine Elford to the Personnel Commission with terms effective July I, 2017, through June 30, 2019, as recommended by City Council Liaisons Semeta and O'Connell.


AYES: NOES:


6. Awarded and authorized execution of a construction contract with Environmental Construction, Inc. in the amount of $2, 194, 188 for the Well 9 GAC Filtration System Hydrogen Sulfide Reduction Project, CC-1392; and, approved an appropriation in the amount of $2,060,000

Mayor Pro Tern Posey pulled this item and asked Director of Public Works Travis Hopkins to give an overview of the project which will allow re-use of an existing water well and will help clean up the aquifer. Additionally, Orange County Water District (OCWD) has agreed to reimburse the City's costs over upcoming years.

A motion was made by Posey, second Brenden to appropriate $2,060,000 from the undesignated Water Master Plan Fund (507) balance to Business unit 50791029.82100; and, accept the lowest responsive and responsible base bid submitted by the Environmental Construction, Inc. in the amount of $2, 194, 188; and, authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney.


AYES: NOES:


7. Awarded and authorized execution of a construction contract with Harry H. Joh Construction, Inc. in the amount of $454,729.35 for the 1st Street and Atlanta Parking Lot, CC-1395; and, authorized an appropriation in the amount of $25,000 and approved up to 15% in construction change orders

Mayor Pro Tern Posey pulled this item to state that this project is an example of how in-lieu parking fees are used. City Manager Wilson elaborated on this project and stated that it will create additional Downtown parking spaces.

A motion was made by Posey, second Brenden to appropriate $25,000 from the In-Lieu Parking Downtown Fund undesignated fund balance to account 30888101.82800; and, accept lowest responsive and responsible bid submitted by Harry H. Joh Construction, Inc. in the amount of $454, 729.35; and, authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City


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attorney; and, authorize the Director of Public Works to approve up to fifteen percent (15%) in construction change orders.


AYES: NOES:


8. Awarded and authorized execution of a construction contract with California Building Evaluation & Construction Inc. in the amount of $1,693,535 for the Peck Reservoir Pump Station Electrical Upgrades Project, CC-1420

A motion was made by Brenden, second O'Connell to accept the lowest responsive and responsible base bid submitted by the California Building Evaluation & Construction Inc., in the amount of $1,693,535; and, authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney.


AYES: NOES:


9. Awarded and authorized execution of a construction contract with Sancon Engineering, Inc. in the amount of $331,478.20 for the FY 2016/17 Sewer Rehabilitation Project, CC-1544; and, approved an appropriation in the amount of $40,000

A motion was made by Brenden, second O'Connell to authorize the appropriation of $40,000 from the Sewer Fund undesignated fund balance to Sewer Fund Account No. 51189002.82600; and, accept the lowest responsive and responsible bid submitted by Sancen Engineering, Inc. in the amount of $331,478.20; and, authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney.


AYES: NOES:


10. Adopted Resolution No. 2017-25 establishing a policy for the naming of City Parks, Park Features, and Community Facilities and repealing conflicting resolutions

A motion was made by Brenden, second O'Connell to adopt Resolution No. 2017-25, "A Resolution of the City Council of the City of Huntington Beach Establishing a Policy for the Naming of City Parks, Park Features, and Community Facilities and Repealing Conflicting Resolutions."


AYES: NOES:


11. Adopted Resolution No. 2017-33 authorizing adoption of a Capital Improvement Program (CIP) for years 2017/18 through 2023/24 to comply with Measure M requirements for Orange County Transportation (OCTA) funding


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A motion was made by Brenden, second O'Connell to adopt Resolution No. 2017-33, "A Resolution of the City Council of the City of Huntington Beach Adopting a Capital Improvement Program for the Years 2017/2018 Through 2023/2024 for Compliance with Renewed Measure M Eligibility Requirements."


AYES: NOES:


12. Adopted Resolution No. 2017-35 confirming reports of cost for weed abatement on private property within the City- 2017 season; and, directed charges be certified to the Orange County Property Tax Roll

A motion was made by Brenden, second O'Connell to adopt Resolution No. 2017-35, "A Resolution of the City Council of the City of Huntington Beach Confirming the Report of the Public Works Director Regarding the Cost for Weed Abatement on Private Property within the City for the 2017 Season;" and, direct that all charges listed thereon be certified to the Orange County 2017/18 Property Tax Roll.


AYES: NOES:


13. Adopted Resolution No. 2017-37 amending the City's Classification Plan by approving the Modified Classification Titles of Information Systems Technician and Information Systems Analyst to Information Technology Technician and Information Technology Analyst and adding a new Classification of Senior Telecommunications Technician

A motion was made by Brenden, second O'Connell to adopt Resolution No. 2017- 37, "A Resolution of The City Council of The City of Huntington Beach Amending The City's Classification Plan by Amending The Titles of Information Systems Technician to Information Technology Technician; Information Systems Analyst to Information Technology Analyst and Adding a New Job Classification of Senior Telecommunications Technician."


AYES: NOES:


14. Approved and authorized execution and recordation of a Landscape License Agreement with Miramar GP, LP for the Marriott Springhill Suites Project at 7872 Edinger Avenue

A motion was made by Brenden, second O'Connell to approve and authorize the Mayor and City Clerk to execute and record the "License Agreement Between the City of Huntington Beach and Miramar GP, LP, to Provide Installation and Maintenance of Landscaping and Landscaping Improvements in the Public Right-of-Way" for the Marriott Springhill Suites Project.


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

NOES:

PUBLIC HEARING

None


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15. Approved the 2017-2018 Annual Action Plan for Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) Programs and authorized the City Manager to sign the Application for Federal Assistance Funds

City Manager Wilson introduced Economic Development Project Manager Simone Slifman who presented a PowerPoint communication entitled Public Hearing to Approve 2017-2018 Annual Action Plan for HUD Funding with slides entitled: 2017-18 CDBG A/locations, CDBG Allocation Process, 2017-18 CPAB Recommendations for Community Development Block Grant Funding, Public Services: 15% Cap (3), Public Improvements, Admin/Housing!Code Enf/108:, 2017118 HOME, and Next Steps. (03:55:40)

Mayor Delgleize opened the Public Hearing for this item.

City Clerk Robin Estanislau announced there were no speakers.

There being no public speakers, Mayor Delgleize closed the Public Hearing. (04:05:07)

A motion was made by O'Connell, second Hardy to approve the 2017-2018 Annual Action Plan for Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) Program funds; and, authorize the City Manager to sign any and all applications and necessary documents for federal assistance under the CDBG and HOME programs after review by the City Attorney, as amended to include a correction identified in Supplemental Communication.


AYES: NOES:

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

16. Approved for introduction Ordinance No. 4136 amending Chapter 230 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) relating to Wireless Communication Facilities (Small Cell Sites), Zoning Text Amendment (ZTA) No. 17-003

City Manager Wilson introduced Community Development Planning Aide Nicolle Bourgeois who presented a PowerPoint communication entitled Zoning Text Amendment No. 2017-003 Small Cell Sites with slides entitled: Zoning Text Amendment No. 2017-003 Request:, What is a Small Cell Site?, Current Review Process, Proposed Wireless Permit Review Process for Small Cell Sites, Proposed City Design Standard #1, Proposed City Design Standard #1 Example, Proposed City Design Standard #2, Proposed City Design Standard #2 Example, Proposed City Design Standard #3, Proposed City Design Standard #3 Example, Proposed City Design Example #4, ZTA No. 2017-003 Analysis, and Planning Commission and Staff Recommendation. (04:06:08)

Councilmember Peterson asked, and Ms. Bourgeois confirmed, that the equipment is an underground vault for Proposed Design Standard #1.

Mayor Delgleize and Ms. Bourgeois discussed that the Proposed Standards will be used to evaluate Small Cell Site requests before they are approved.


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Councilmember Peterson and staff discussed that this Ordinance would require an encroachment permit but not a license agreement or easement. (04:09:58)

Mayor Delgleize opened the Public Hearing.

City Clerk Robin Estanislau announced that there was one (1) public speaker.

Mr. Dan Kalmick, Planning Commissioner, was called to speak and stated his support for Item 16 regarding the introduction of Ordinance No. 4136 amending Chapter 230 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) relating to Wireless Communication Facilities (Small Cell Sites). He further stated that this is a hedge against SB649 to maintain local control for wireless attachments to public facilities and speed up the process. Mr. Kalmick also stated that the Planning Commission voted unanimously for this, and that the major wireless carriers had submitted extensive details only about 30 minutes before that meeting and their general comments were to encourage the City to implement SB649.

There being no other public speakers, Mayor Delgleize closed the Public Hearing. (04:11 :32)

A motion was made by O'Connell, second Peterson, to find the proposed project statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act; and, approve Zoning Text Amendment (ZTA) No. 17-003 with findings for approval and after the City Clerk reads by title, approve for introduction Ordinance No. 4136, "An Ordinance of the City of Huntington Beach Amending Chapter 230 of the Huntington Beach Zoning and Subdivision Ordinance Relating to Wireless Communication Facilities Zoning Text Amendment (ZTA) No. 17-003," as amended by Supplemental Communication.


AYES: NOES:


ADMINISTRATIVE ITEMS

17. Received and Filed Three-Month Status Report on Organic Chemical Pilot Study at West Central Park

City Manager Wilson introduced Denny Bacon, Maintenance Operations Manager, who presented a PowerPoint communication entitled Organic Pesticide 3 Month Status Report with slides entitled: Current Maintenance Responsibilities, Landscapes Practices, Council Direction, Option 1 - Application of Organic Chemicals in the ROW and City Parks, Option 2 - Application of Organic Chemicals in the ROW and Chemical Free in City Parks, Option 3 - Manual Weed Abatement & Chemical Free Application, and Next Steps.

Councilmember Peterson and staff discussed that the cost of $540,000 presented is the quote from the vendor, and that current labor and product costs would be subtracted from that amount for.the new actual cost.

Councilmember Hardy asked for clarification related to Proposition 65 requirements for posted notices when certain chemicals are being used. Councilmember Hardy stated that $500,000 is expensive, but she believes it will result in a benefit. She requested that the next three-month report include a


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presentation by a scientific expert, an answer on Prop 65 posted notice requirements, along with any updates from Maintenance.

Mayor Delgeize confirmed with Mr. Bacon that this pilot project is related to weed abatement and finding alternatives to glyphosate.

Councilmember Brenden asked Mr. Bacon if it would be possible to determine weed abatement cost by type of location, i.e., tot play areas, playing fields, and parks vs. street medians and sidewalks. Mr. Bacon said that the costs would probably go down to the $250,000 to $300,000 range to just use manual labor in the parks, but continue to use chemicals on right-of-ways, sidewalks and alleys. Councilmember Brenden stated that he sees this as a high priority item, and suggested that the City Council look for items in the budget that could be put aside for a year so funds could be available for reducing chemicals for weed abatement. Council member Brenden also asked that his questions be addressed in the next report, including what current protocol is when spraying Roundup, method(s) used to alert the public and if Roundup is used only for spot treatments, or for wide area broadcast; and, does application option change according to the area (lawn, tot area, playing field, etc.) being treated.

Mr. Bacon responded that the City follows the Integrated Pest Management plan, including registering every chemical used with the State Ag Commission, and apply chemicals accordingly. Some of the guidelines are early morning and no wind. He further explained that Roundup is not a chemical that is broadcast like watering a lawn, but is used for spot treatments for specific weeds.

Councilmember Hardy expressed her interest in seeing the questions that Councilmember Brenden asked being addressed in the next report, and also suggested that the median on Main Street be treated without toxic chemicals. She further asked if the City could get any "credits" for eliminating toxins in runoff which could end up in the ocean.

Mayor Delgleize and Mr. Bacon discussed that any chemical used, whether organic or not, needs to be dry before any animals or people are allowed in the area. Mr. Bacon further explained that going organic will take a cultural adjustment for residents as there will be more weeds visible, especially after any major rains.

Councilmember O'Connell voiced concerns about chemicals moving into the food chain and believes going organic is a priority item. He agrees with the issues and concerns raised by his fellow Councilmembers and also looks forward to hearing from the scientific experts.

Councilmember Semeta asked if it might be wise to not spend on "chemicals being used" signage until a final determination on where and when organic chemicals may be used. Councilmember Brenden asked that the cost for Prop 65 signage be provided in the next report.

A motion was made by Hardy, second O'Connell to include in the next 3-month status report informational items as discussed: that the report be written to allow an expansion of area for study; request scientist participation; information on City impacts of Proposition 65 including costs for signage; consider immediate use of organic chemicals in park areas accessed by children, but normal chemical practices in right-of-way areas; a Roundup action plan; posting temporary alerts (signage) during chemical application; identify any credit the City may receive for use of organic chemicals; information on spot spraying; and identify any unintended consequences of using organic versus regular pesticides.


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

NOES: None


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18. Adopted Resolution No. 2017-42, which modifies the City's guidelines and standard list of conditions of approval applicable to eating and drinking establishments with alcoholic beverage sales and/or live entertainment located in Downtown Specific Plan area, District 1

Councilmember O'Connell recused himself because of his business interest in Legends, located in the Downtown area, and left the dais.

City Manager Wilson introduced Planning Manager Jane James who presented a PowerPoint communication entitled: Adopt Resolution No. 2017-42 Downtown Alcohol and Live Entertainment with slides entitled: Background, Location, Recent Council Direction, Proposed Modifications (2), Recommendation and Questions.

Councilmember Brenden and Manager James discussed the decision making hierarchy and confirmed that the City Council can rescind any decision made by a Zoning Administrator or the Planning Commission if deemed necessary.

Councilmember Hardy expressed her opposition to the motion only because she believes that all deviations should come to City Council in order for proper transparency.

Mayor Delgleize and Police Chief Handy discussed that this Resolution does strengthen the process when a revocation of a CUP is necessary, and it also should assist the Downtown business improvements process. Chief Handy also confirmed that the crime rate is higher in the Downtown district just because of the business nature of the area and concentration of people, especially if compared to a mostly residential district.

Council member Brenden believes this Resolution will reduce some of the burden on business owners who want to make modifications and provides logical guidelines for changes that can be made without necessarily requiring a new Conditional Use Permit (CUP).

Mayor Pro Tern Posey shared that he believes this Resolution will allow for current business hours to remain in place and incentivize Downtown businesses to remodel their buildings. He sees this as also providing Police Chief Handy with the tools to revoke a CUP if necessary.

Councilmember Hardy stated her understanding that general building remodels would no longer be a deviation and therefore would not come before the Council.

Councilmember Semeta stated that in her opinion this Resolution provides business hour flexibility which is important in attracting and keeping businesses.

A motion was made by Brenden, second Posey to adopt Resolution No. 2017-42, "A Resolution of the City Council of the City of Huntington Beach Establishing Conditions of Approval for Eating and Drinking Establishments With Alcoholic Beverage Sales and Live Entertainment," which modifies the City's guidelines and standard list of conditions of approval applicable to eating and drinking establishments with alcoholic beverage sales and/or live entertainment located in Downtown Specific Plan area, District 1 (Exhibits A and B).


AYES: NOES:

Semeta, Posey, Delgleize, Brenden, and Peterson Hardy

RECUSE: O'Connell


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19. Adopted Resolution No. 2017-38 approving and implementing the Memorandum of Understanding (MOU) between the Surf City Lifeguard Employees' Association (SC LEA) and the City of Huntington Beach for October 1, 2015, through December 31, 2017

City Manager Wilson introduced Director of Human Resources Michele Warren who presented a PowerPoinl communication entitled: SCLEA Memorandum of Understanding, containing slides entitled: Bargaining Unit Information, SCLEA Wage and Market Data, and Tentative Agreement/MOU.

A motion was made by Hardy, second Brenden to adopt Resolution No. 2017-38, "A Resolution of the City Council of the City of Huntington Beach Approving and Implementing the Memorandum of Understanding between the City and the Surf City Lifeguard Employees' Association (SCLEA) for October 1, 2015, through December 31, 2017."


AYES: NOES:


20. Approved the Tentative Agreement and Adopted Resolution No. 2017-39 approving and implementing the Memorandum of Understanding (MOU) between the Huntington Beach Firefighters' Association (HBFA) and the City of Huntington Beach for July 1, 2017, through June 30, 2018

City Manager Wilson introduced Human Resources Manager Michele Warren who presented a PowerPoint communication entitled: HBFA - Tentative Agreement/MOU.

Councilmember Peterson expressed his opposition because of the staffing language that is included. In his opinion staffing levels should be determined by management, not by an MOU. ' Mayor Pro Tern Posey and Fire Chief Segura discussed that it would not be an effective model to try and upgrade Emergency Medical Technicians or non-sworn medics. Chief Segura further described the model response teams for engines and ambulances.

Councilmember Semeta staled her opposition to this MOU because in her opinion the Fire Chief should have the tools to manage the Department and mandatory staffing levels should not be included in a contract.

Councilmember O'Connell and Fire Chief Segura discussed the ideal staffing model to provide adequate safety for the public and firefighters.

Councilmember Hardy asked Fire Chief Segura if he prefers four-man teams or three-man teams. Fire Chief Segura responded that the 4/0 staffing model is the most efficient for Huntington Beach during peak load hours.

A motion was made by Hardy, second O'Connell to approve the Tentative Agreement between the City of Huntington Beach and the Huntington Beach Firefighters' Association; and, adopt Resolution No. 2017-39, "A Resolution of the City Council of the City of Huntington Beach Approving and Implementing the Memorandum of Understanding Between the Huntington Beach Firefighters' Association and the City of Huntington Beach for the period July 1, 2017 through June 30, 2018."


AYES: NOES:

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


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21. Approved and authorized execution of the Community Choice Aggregator (CCA) NonDisclosure Agreement (NOA) with Southern California Edison (SCE)

City Manager Wilson introduced this item for Council direction.

Mayor Pro Tern Posey stated that this item is only to approve the Non-Disclosure Agreement (NOA), not to debate the merits of a Community Choice Aggregator (CCA), and he supports proceeding with a study.

Councilmember Peterson shared his concerns that Huntington Beach is wrongly named as a CCA in the NOA. Additionally, a consultant has not even been selected so it is not clear who will be receiving, and responsible for, the data from Southern California Edison. Councilmember Peterson stated that the NOA states that the CCA (City of Huntington Beach) is liable for the data, and discussed with City Attorney Gates available options if a public records request was made to the City. Councilmember Peterson further stated that he currently doesn't believe providing utility choices should be a City Council responsibility.

Mayor Delgleize and City Attorney Gates further discussed the broad nature of the NOA, and the potential conflict of disclosing Southern California Edison data in staff reports that are considered public record.

Councilmember Hardy stated that in her opinion a proper feasibility study report would include Power Charge Indifference Adjustment (PCIA) costs unless that remains an unknown until the California Public Utilities Commission (CPUC) decides what the differential is between obligated costs and what a CCA would offer. She would also need a feasibility study report to address Renewable Energy Certificates (RECs) and potential changes from AB1110. Councilmember Hardy suggested that possibly the City's lobbyist could provide details on AB1110. She stated her support for a feasibility study but until she has answers to these types of questions she could not support a CCA vote.

Councilmember Semeta stated several concerns after hearing the speakers and at this time is opposed to proceeding with the NOA. Councilmember Semeta further stated that she is currently inclined to wait for some longer-term experiences of existing CCAs to see if cost savings continue to be realized over time. Also, she would like to better understand exactly what a feasibility report will provide, such as will it help determine whether Huntington Beach should consider joining a regional CCA.

Mayor Pro Tern Posey, Councilmember Semeta and Mayor Delglieze discussed at which point the study elements are decided.

Councilmember O'Connell and City Attorney Gates discussed possible legal risks, and the fact that the City and SCE have basically reached an impasse on the terminology in the NOA and SCE has provided a side letter to explain their position. Councilmember O'Connell stated his current support for the NOA and proceeding to a feasibility study, but if there is not a significant cost discount expected he would not support going any further in the process.

Councilmember Brenden and City Attorney Gates further discussed the SCE side letter which basically states that SCE will not be rigid in terms of interpretation and will support the City's efforts to move


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forward without running into legal quandaries. City Attorney Gates advised that a side letter is not an amendment to, nor an extension of, the NDA. The side letter would be brought in as evidence by the City if there was ever a court dispute on the NDA. Councilmember Brenden and City Attorney Gates discussed that other cities considering CCAs have had the same public records concerns that this Council has, but many have decided to move ahead as they apparently think the risk is minimal.

Councilmember Hardy shared that for the Study Session discussion, three (3) of the nine (9) speakers were not from Huntington Beach, and they were evenly split between support of or opposition/concerns about CCAs. In the reconvened meeting, the public speakers who addressed this issue but did not speak at the Study Session are known well enough as City residents and Councilmember Hardy believes that most speakers on this topic are from Huntington Beach.

A motion was made by Posey, second Brenden to approve and authorize the Mayor and City Clerk to execute the "Community Choice Aggregator Non-Disclosure Agreement" with Southern California Edison.


AYES: NOES:

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

COUNCILMEMBER ITEMS

22. ***ITEM PULLED FROM CONSIDERATION***Submitted by Mayor Delgleize anEI Counsilmember Brenden Community Meeting on Airport Noise Issues

Mayor Delgleize and Councilmember Brenden pulled this item to formulate a more precise action based on the recently acquired information and will bring it back in a couple of weeks.

Councilmember Brenden stated that it has just been discovered that the FAA is currently under a gag order because of existing lawsuits and therefore cannot attend a community workshop; however, Congressman Dana Rohrabacher's District Director Kathleen Staunton has offered to conduct a small group meeting on the topic. Ms. Staunton has worked on this issue since 2006 and the FAA is one of her specialties.

23. Approved as amended item submitted by Councilmember O'Connell - Direct staff to install permanent informational signs to pay tribute and honor members of law enforcement killed in the line-of-duty within the city boundaries

Councilmember O'Connell introduced this item as a way to pay tribute to law enforcement staff who have sacrificed their lives in the line of duty within the City's boundaries.

Councilmember Peterson suggested this item be amended to ask staff to provide details such as cost, sign ideas and input on location. He also stated that the Fire Department Union paid for the Fire Department monument and asked if the Police Union will be paying for these proposed tributes.

Councilmember Brenden stated that this is a good idea, but he would also like to see staff return with options and cost estimates for both individual sites and a central location like City Hall.

Councilmember Hardy expressed concerns about location because both Pacific Coast Highway and Beach Boulevard are under CalTrans which could make it challenging to place signs. She suggested that


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one central location, such as the existing City Hall memorial area, be considered. She also suggested providing an opportunity for the community to contribute to the costs.

An amended motion was made by O'Connell, second Hardy to form an Ad Hoc Committee of Council members O'Connell, Hardy and Brenden to work with City staff, the Huntington Beach Police Officers'

·Association and the Orange County Sheriff's Department to identify options to install permanent informational signs that pay tribute and honor members of law enforcement that have been killed in the line of duty within the City boundaries of Huntington Beach and present findings at the September 18 City Council meeting.


AYES: NOES:


COUNCILMEMBER COMMENTS (Not Agendized)

Mayor Pro TemPosey reported attending two days of the U.S. Open of Surfing. '·

Councilmember Brenden thanked City employees for their successful 60's themed fund raiser which produced a donation of over $1,600 for the American Cancer Society. He also stated his appreciation to the 4th of July Board for another very successful event. He congratulated the Council on Aging for the gala celebrating the First Anniversary of the Senior Center, and he thanked Randy Pesqueira and his entire staff for their support of seniors throughout the year. He reported attending the Wetlands Clean-Up Day at Bolsa Chica Conservancy (sponsored by County Supervisor Michelle Steel), the Women of Surfing Art & History preview and reception, the International Surf Museum fundraiser Art4Katie, Chamber of Commerce Golf Tournament, City Manager/City Council Annual OC Fair Dinner, Eagle Court of Honor for six (6) Eagle Scouts and three (3) Gold Award Girl Scouts, Marina High School Golf Program tournament, Surfing Walk of Fame Induction Ceremony, and the Huntington Beach Junior Lifeguards Pancake Breakfast. He reminded everyone to not miss the upcoming event on Saturday, August 19, sponsored by Boy Scout Troop No. 1, to celebrate 100 Years of Scouting in Huntington Beach at Lake Park. He thanked Huntington Beach Public Art Alliance co-founders Kim Kramer and Barbara Haynes for spearheading Dumpsters on Parade, a project showcasing the artwork of local artists on 30 dumpsters to be placed in Downtown Huntington Beach. He acknowledged Republic Services for providing refurbished and primered dumpsters for the local artists to decorate.

Council member Hardy congratulated all of the surfers recognized at the Walk of Fame and Hall of Fame. She reported attending the Senior Center Anniversary Gala, and the 2nd Annual Surf City Pickleball Tournament at Murdy Park.

Councilmember Semeta reported attending both the Surfing Walk of Fame and Hall of Fame.

Mayor Delgleize reported attending many of the same events that Council member Brenden attended. The Women of Surfing - Art & History Reception and meeting the "real" Gidget was especially memorable for her.

ADJOURNMENT - 10:31 PM to the next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority on Monday, August 21, 2017, at 4:00 PM in the Civic Center Council Chambers, 2000 Main Street, Huntington Beach, California.

ATTEST:


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City r 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

minutes city council/public financing authority 4:00 pm ... · 1. community choice aggregator (cca)...

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