Huntington Beach City Council/Public Financing Authority Regular Meeting – October 1, 2024

The Huntington Beach City Council and Public Financing Authority convened on Tuesday, October 1, 2024, starting with closed session at 4:30 PM and reconvening for the regular session at 6:00 PM. The meeting covered a police staffing update, a report on the state housing element lawsuit, a resolution opposing Proposition 33, approval of additional oil well abandonment funds, a debate on a police officers’ foundation MOU, public hearings on zoning map amendments and a business improvement district assessment, a detailed presentation on city tax-sharing agreements, and a letter of support for a broadband grant benefiting Catalina Island and Huntington Beach. Several public comments addressed library policies, the Pacific Air Show settlement, Measure U, parental notification ordinance, and other topics. Votes were taken on all agenda items.

Consent Calendar

• Items 11, 12, 14, 15, 16, 17, 19, 20, 22, 23, 24 (routine approvals, minutes, reports, agreements, appointments) were approved unanimously (7-0).
• Items 13, 18, and 21 were pulled for separate discussion (see Discussion Items).

Public Comments & Testimony

• Dixie Terry – Homeowner complained about HOA contractor entering her property without permission and alleged code violations. Requested city assistance.
• Carol Dawes (Friend of the HB Public Library) – Criticized the council majority for alleged culture war against the library; defended citizen-led petitions as democratic, stating over 15,000 signatures gathered.
• Wendy Rincon – Criticized council for voting against security upgrades for the public chamber while having a panic room; also questioned the parental notification ordinance and the Pacific Air Show settlement.
• Bethany Webb – Criticized the parental notification ordinance as dangerous for queer and all children; urged a public vote. Also opposed sister city proposal with Ramat Gan, Israel, citing support for Palestinian rights.
• Unnamed speaker – Condemned council majority for mean-spiritedness; praised minority members Dan Kalmick, Natalie Moser, and Rhonda Bolton.
• Unnamed speaker – Called Measure U a “lie” and “stupid” for claiming to save libraries; argued it would create red tape and hurt business.
• Amory Hanson – Expressed support for Item 29 (broadband for Catalina) and Item 27 (zoning text amendment).
• Kathy Carrick – Opposed moving age-inappropriate books to children’s section; expressed desire for grandchildren to freely choose books.
• Lisa Lane Barnes – Announced nonprofit golf tournament lottery; promoted her candidacy for City Clerk.
• Clayton Heard (on behalf of Assemblymember Josh Lowenthal) – Thanked council for considering Item 29; noted broadband benefits for Catalina and HB.
• Roder Iorio (17-year-old resident) – Expressed concern over California’s Freedom to Walk Act, saying it leads to dangerous jaywalking and insurance fraud.
• Alara – Shared prayer for leadership; expressed support for traditional values.
• Unnamed speaker – Criticized council for focusing on non-city issues (e.g., Second Amendment resolution, border resolution, parental notification) rather than city services; asked them to uphold oaths and stop lawsuits against the state.
• Perry Clitheroe – Criticized council for passing parental notification ordinance without clear definitions; opposed Proposition 33 (rent control), citing studies showing it worsens housing shortages.
• Catherine Goddard – Described fragility of democracy observed in HB; criticized raising campaign donation limits, lack of enforcement on sign rules, and closing of commissions.
• David Reinderson – Noted statute of limitations approaching on Amplify Energy oil spill; argued Pacific Air Show settlement was a giveaway to supporters and lacked transparency.
• Justine Makoff (Free Rain Foundation) – Promoted nonprofit equestrian therapy; announced upcoming walk on October 12.

Discussion Items

• City Manager’s Report – Police Staffing Update (Item 24-7079): Captain Garcia reported net hiring improvements: current fiscal year net +14 sworn personnel (15 hires, 1 separation). Lateral hires are coming from Texas, Seattle, Las Vegas, Marin County, Santa Cruz. Applications at ~200 per quarter. Vacancy reduced from ~30 to 15 officers. Councilmembers praised the progress and credited the new police contract and community support.
• City Attorney’s Report – Housing Element Litigation (Item 24-694): City Attorney Gates reported that the trial court stayed the state’s lawsuit against the city until March 2025, pending appeals. No current fines or deadlines. Councilmember Strickland asked about new state legislation increasing penalties; Gates said its applicability is uncertain and will be litigated.
• Consent Item 13 – Resolution in Opposition to Proposition 33 (Item 24-678): Staff recommended adopting Resolution No. 2024-50 opposing the statewide rent control expansion. Debate ensued on a motion by Councilmember Kalmick to permanently strike the rule against council taking positions on statewide ballot measures (from the council manual). That motion failed 3-4 (Moser, Bolton, Kalmick opposed; Burns, Van Der Mark, Strickland, McKeon in favor). Then the main resolution passed 4-3 (Burns, Van Der Mark, Strickland, McKeon in favor; Moser, Bolton, Kalmick abstained).
• Consent Item 18 – Oil Well Abandonment Funding (Item 24-695): Staff requested $1,150,000 from HB Recovery Funds for additional work due to an unrecorded liner from a 2000 project. Councilmember Kalmick asked about potential legal recourse for previous contractor error; City Attorney said statute of limitations and contract issues would need review. Motion to approve passed 7-0.
• Consent Item 21 – MOU with HB Police Officers’ Foundation (Item 24-692): Councilmember Burns moved to table until January 2025, citing concerns about duplication and timing (foundation endorsed certain candidates). No second; Councilmember McKeon moved to approve, stating the MOU standardizes fundraising for officer families. Motion passed 5-2 (Moser, Bolton, Strickland, McKeon, Kalmick in favor; Burns, Van Der Mark opposed).
• Public Hearing Item 25 – Downtown Business Improvement District Assessment (Item 24-663): Staff reported no protests received from 270 businesses; total assessments ~$117,000 for FY 2024-25. Council approved resolution 7-0. Councilmember Strickland requested enhanced power-washing schedule.
• Public Hearing Item 26 – Zoning Map Amendments (Item 24-650): Continued from September 3, 2024. Staff noted no additional public comments. Council approved all seven zoning map amendments and the Local Coastal Program Amendment 7-0. Councilmember Kalmick spoke in support, explaining the cleanup improves legal defensibility.
• Public Hearing Item 27 – Zoning Text Amendment (Item 24-680): Staff corrected a clerical error from a May 2024 ordinance regarding industrial zone notification. One public speaker (Amory Hanson) supported. Council approved Ordinance No. 4310 7-0.
• Administrative Item 28 – Taxpayer Transparency: Evaluation of City Tax-Sharing (Item 24-621): Staff presented a comprehensive report on sales tax sharing agreements, COVID rent abatement (~$1.8 million), car dealership subsidies, Breakwater/Elan properties foregone property tax (~$22.2 million over 35 years), and event fee waivers (e.g., air show). Councilmember Strickland criticized the 2021 Breakwater/Elan deal, noting $150 million in surplus conveyance proceeds to other agencies not required. Councilmember Kalmick defended the deal as a long-term asset gain. Councilmember Moser requested more detail on indirect costs of event subsidies, especially for the air show. Motion to receive and file passed 7-0.
• Council Member Item 29 – Support for AVX Network’s Broadband Grant (Item 24-706): Councilmember McKeon introduced a letter of support for a California Public Utilities Commission grant to bring fiber broadband to Catalina Island via Huntington Beach. The project would also improve internet for HB beach communities. Councilmember Kalmick noted potential for data centers and utility tax revenue. Council approved sending the letter 7-0.

Key Outcomes

• Police Staffing Report: Received and filed; positive trend noted.
• City Attorney’s Report: Received; litigation stayed until March 2025.
• Resolution Opposing Prop 33 (Item 13): Adopted 4-3 (Burns, Van Der Mark, Strickland, McKeon yes; Moser, Bolton, Kalmick abstain). A motion to permanently remove the rule against council taking positions on statewide measures failed 3-4.
• Oil Well Abandonment Funding (Item 18): Approved 7-0.
• MOU with HB Police Officers’ Foundation (Item 21): Approved 5-2 (Burns, Van Der Mark no).
• Downtown BID Assessment (Item 25): Approved 7-0.
• Zoning Map Amendments (Item 26): Approved 7-0; six ordinances introduced, one resolution adopted for Local Coastal Program Amendment.
• Zoning Text Amendment (Item 27): Approved 7-0; Ordinance No. 4310 introduced.
• Tax-Sharing Report (Item 28): Received and filed 7-0.
• Broadband Grant Support Letter (Item 29): Approved 7-0.