Huntington Beach City Council Meeting - May 7, 2024: Library Privatization, Sign Code, and Tourism District Modification

The Huntington Beach City Council met on Tuesday, May 7, 2024, starting with a closed session at 4:30 PM and reconvening at 6:00 PM in the Council Chambers. The meeting was presided over by Mayor Gracey Van Der Mark and included a large public turnout, with approximately 75 speakers signed up for public comments. Key agenda items included a proposed charter amendment and advisory vote on library privatization (Item 30), a sign code update (Item 29), a modification to the Tourism Business Improvement District (TBID), zoning text amendments, and tributes to former mayor Shirley Detloff who passed away in April 2024.

Consent Calendar

• Approved minutes of the April 16, 2024 meeting.
• Approved legislative positions recommended by the Intergovernmental Relations Committee (IRC) on April 17, 2024: OPPOSE AB 1886, SB 450, SB 1037, SB 1211; SUPPORT AB 2081, SB 1102, SB 1214.
• Approved termination of MOU with Friends of the HB Junior Guards and $129,000 budget appropriation.
• Approved agreement with Huntington Surf and Sport for Junior Lifeguard Program clothing.
• Approved Amendment No. 1 to MOU with Huntington Beach Fire Outreach Foundation.
• Approved three-year service agreement with City of Newport Beach for supplemental law enforcement services (not to exceed $120,000).
• Approved sewer services agreement for Tract 19245 in Fountain Valley.
• Approved construction contract with Klassic Engineering & Construction, Inc. for LeBard Park Improvements ($273,425.90, with change orders up to 15%).
• Approved AB 2766/MSRC Microtransit Service Grant Agreement with SCAQMD for downtown shuttle service.
• Approved Amendment No. 3 to on-call water and engineering services contract with HDR Engineering, Inc.
• Adopted Resolution No. 2024-21 authorizing OCTA Environmental Cleanup Grant application.
• Items 14, 15, 19, and 21 were pulled for separate discussion.

Public Comments & Testimony

• Approximately 75 speakers signed up; time was reduced to 90 seconds per speaker due to volume.
• The overwhelming majority of speakers supported agenda items 29 and 30, calling for a voter referendum on library privatization and for sign code reform. Many speakers invoked the legacy of former mayor Shirley Detloff, who was a vocal opponent of outsourcing the library.
• Several speakers expressed support for the TBID modification (Item 28), including business owners and representatives of Visit Huntington Beach, citing the need to remain competitive and attract tourism.
• A few speakers raised concerns about the LeBard Park contract (Item 21), alleging issues with the previous contractor and pending prevailing wage violations.
• One speaker spoke in support of the legislative item 15G (supporting SB 1214 for a U.S. Semiquincentennial Commission).

Discussion Items

• Item 15 (Legislative Positions): Councilmember Moser questioned a discrepancy between the IRC minutes and the staff recommendation regarding AB 1825 (Freedom to Read Act). Staff explained that the bill was withdrawn due to changes. The council voted on each bill individually, with some members abstaining or recusing (Councilmember Kalmick recused on SB 1102 due to a financial conflict). The votes resulted in approvals with varying margins: Item F (SB 1102) passed 4-2-1 (Kalmick recused), others passed 4-0-3 or 4-1-2.
• Item 19 (Newport Beach Law Enforcement Agreement): Councilmember Moser raised concerns about the air show not paying for staffing, but staff clarified that the agreement is for large events with permit holders covering costs. Approved 7-0.
• Item 21 (LeBard Park Contract): Director Chow explained the original contractor (Aguilar & Calderon) was terminated for convenience due to delays and compliance issues. The Department of Industrial Relations is involved. The new contractor, Klassic Engineering, has a clean record. Councilmember Kalmick noted a pending DIR investigation but no fines. The motion to approve passed 7-0.
• Item 25 (2024-2025 CDBG/HOME Action Plan): Housing Manager Charles Kovac presented the plan, noting a 4.3% reduction in CDBG and a 19% reduction in HOME funds. Total funding available is $2.3 million. No public comments. Approved 7-0.
• Item 26 (Zoning Text Amendment and Municipal Code Amendment): Staff presented changes to eight zoning chapters and the Beach & Edinger Corridors Specific Plan, as well as an ordinance requiring a vote of the people for future middle-income housing programs using JPA bonds. Councilmember Kalmick questioned the inclusion of the unrelated ordinance but supported the zoning text amendments. The zoning amendments passed 7-0; Ordinance 4322 passed 6-1 (Kalmick opposed).
• Item 27 (Weed Abatement): Public hearing held with no objections. Approved 7-0.
• Item 28 (TBID Modification): Public hearing to receive comments on increasing the assessment from 4% to 6%. Four speakers supported the modification. The item will return for a final vote on June 4, 2024. The council voted to receive and file the comments (7-0).
• Item 29 (Sign Code Update): Councilmember Kalmick moved to direct staff to remove non-commercial signs from public right-of-way and bring a zoning text amendment by July 16, 2024. Councilmember Burns offered a substitute motion to allow the same rules for private property as commercial property (i.e., allowing larger signs). After discussion, Burns withdrew his substitute motion, and Kalmick withdrew his original item. No action taken.
• Item 30 (Library Privatization Ballot Measure): Councilmembers Kalmick, Bolton, and Moser proposed a charter amendment requiring a vote of the people to privatize library management, and an advisory vote on whether to hire a third-party contractor. They argued that the library is a beloved institution and that the community should decide. Councilmembers Burns, Strickland, McKeon, and Van Der Mark opposed, stating that the RFP process is merely exploratory and that it is the council's fiduciary duty to consider cost savings. Councilmember McKeon called the measure hypocritical, noting the council had previously criticized placing charter amendments on the ballot. The motion failed 3-4 (Mosier, Bolton, Kalmick aye; Burns, Van Der Mark, Strickland, McKeon no).

Key Outcomes

• Consent calendar: Most items approved; Items 15, 19, 21, 25, 26, 27, 28 passed individually.
• Item 15 (Legislative positions): Individual votes recorded; all recommended positions adopted.
• Item 26: Zoning text amendments approved 7-0; Ordinance 4322 (Joint Powers Agreements) approved 6-1.
• Item 29: No action; item withdrawn.
• Item 30: Motion failed 3-4.
• Tribute to Shirley Detloff: Council members delivered heartfelt remarks, and a moment of silence was observed. The meeting adjourned shortly after 11:00 PM.
• Next meeting: Scheduled for May 21, 2024.