AGENDA
City Council/Public Financing Authority Regular Meeting
Tuesday, February 15, 2022
Study Session/Closed Session – 4:00 PM
Regular Meeting – 6:00 PM
MAYOR AND CITY COUNCIL
BARBARA DELGLEIZE, Mayor
MIKE POSEY, Mayor Pro Tem
RHONDA BOLTON, Councilmember
KIM CARR, Councilmember
DAN KALMICK, Councilmember
NATALIE MOSER, Councilmember
ERIK PETERSON, Councilmember
Council Chambers
2000 Main Street
Huntington Beach, CA 92648
-or-
Virtual via Zoom Webinar
STAFF
SEAN JOYCE, Interim City Manager
MICHAEL E. GATES, City Attorney
ROBIN ESTANISLAU, City Clerk
ALISA BACKSTROM, City Treasurer
IN-PERSON PUBLIC PARTICIPATION/ZOOM ACCESS: In keeping with the Governor’s mandate to limit in -person gatherings that can spread COVID -19, the Tuesday, February 15, 2022 meeting remains virtually accessible. In addition, the Council Chambers will be open for public attendance and masks are optional for those who are fully vaccinated (with booster).
Assembly Bill 361 (AB 361) authorizes public meetings to take place via teleconference (i.e., virtual using Zoom), or in person if in part, State and Local officials continue to recommend measures to promote social distancing. In addition to this hybrid format, alternate ways to view City Cou ncil meetings live or on -demand remain: livestreamed on HBTV Channel 3 (replayed on Wednesday’s at 10:00 a.m. and Thursday’s at 6:00 p.m.); live and archived meetings for on-demand viewing accessed from https://huntingtonbeach.legistar.com/calendar; or, from any Roku, Fire TV or Apple device by downloading the Cablecast Screenweave App and searching for the City of Huntington Beach channel.
PUBLIC COMMENTS: To ensure the public’s right to fully participate in providing meaningful public comments at the February 1 5, 2022 City Council meeting, th e Council Chambers will be open for public attendance to provide public comments on agendized or non -agendized items. Individuals may also provide a comment from a virtual location by entering Zoom Webinar ID 971 5413 0528 via computer device, or by phone at (669) 900-6833. The Zoom Webinar can be accessed here: https://huntingtonbeach.zoom.us/j/97154130528. Instructions for t hose utilizing computer or telephon e devices to request to speak are provided in each section of the agenda where public comments are accepted.
Members of the public unable to personally participate in the meeting but interested in communicating with the City Council on agenda -related items are encouraged to submit a written (supplemental) communication via email at [email protected], or [email protected]. Supplemental Communicat ions are public record, and if received by 2:00 PM on the day of the meeting, will be distributed to the City Council prior to consideration of agenda- related items, posted to the City website, and announced, but not read, at the meeting. Communications received following the 2:00 PM deadline will be incorporated into the administrative record.
MEETING ASSISTANCE NOTICE: In accordance with the Americans with Disabilities Act, services are available to members of our community who require special assistance to participate in public meetings. If you require special assistance, 48-hour prior notification will enable the City to make reasonable arrangements for an assisted listening device (ALD) for the hearing impaired, American Sign Language interpreters, a reader during the meeting and/or large print agendas. Please contact the City Clerk's Office at (714) 536-5227 for more information.
AGENDA February 15, 2022City Council/Public Financing
Authority
4:00 PM - COUNCIL CHAMBERS
CALL TO ORDER
ROLL CALL
Peterson, Bolton, Posey, Delgleize, Carr, Moser, Kalmick ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS PERTAINING TO STUDY SESSION / CLOSED SESSION ITEMS (3-Minute Time Limit) - At approximately 4:00 PM, individuals wishing to provide a comment on item(s) scheduled for Study Session or Closed Session may do so either in person by filling out a Request to Speak form delivered to the City Clerk, via computer through Zoom Webinar ID 971 5413 0528, or Zoom Webinar by phone by calling (669) 900-6833. Once the Mayor opens Public Comments, in-person participants will be called to speak first. Zoom Webinar participants wishing to speak will be provided a 15-minute window to select the “Raise Hand” feature in the Webinar Controls section. Attendees entering the Webinar and requesting to speak by phone can enter *9 to enable the “Raise Hand” feature, followed by the *6 prompt that unmutes their handheld device microphone. Individuals will be prompted to speak when the Clerk announces their name or the last three digits of their phone number. After a virtual speaker concludes their comment, their microphone will be muted but they may remain in Webinar attendance for the duration of the Study Session. All speakers are encouraged, but not required to identify themselves by name. Each speaker may have up to 3 minutes unless the volume of speakers warrants reducing the time allowance.
STUDY SESSION
22-1311. Discussion of the Policy Issues concerning the Cannabis-related Taxation and Regulation
RECESS TO CLOSED SESSION
CLOSED SESSION ANNOUNCEMENT(S)
22-1332. Mayor Delgleize to Announce: Pursuant to Government Code § 54957.6, the City Council takes this opportunity to publicly introduce and identify designated labor negotiator Sean Joyce, Interim City Manager, who will be participating in today's Closed Session discussions regarding labor negotiations with: Non-Represented (Non-Associated) Employees (NA)
AGENDA February 15, 2022City Council/Public Financing
Authority
22-1343. Mayor Delgleize to Announce: Pursuant to Government Code § 54957.6, the City Council takes this opportunity to publicly introduce and identify designated labor negotiators: Sean Joyce, Interim City Manager and Brittany Mello, Administrative Services Director, who will be participating in today's Closed Session discussions regarding labor negotiations for: City Manager
CLOSED SESSION
22-1294. CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Sean Joyce, Interim City Manager. Employee Organizations: Non-Represented (Non-Associated) Employees (NA)
22-1305. CONFERENCE WITH LABOR NEGOTIATORS (Unrepresented Employee) Government Code section 54957.6. Title: City Manager, City Designated Representatives: Sean Joyce, Interim City Manager and Brittany Mello, Administrative Services Director
22-1406. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case:
Hernandez (Angela) v. City of Huntington Beach, et al., OCSC Case No. 30-2020-01137506
6:00 PM – COUNCIL CHAMBERS
RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING
ROLL CALL
Peterson, Bolton, Posey, Delgleize, Carr, Moser, Kalmick
PLEDGE OF ALLEGIANCE
INVOCATION
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.
21-9647. Zarathushti Maneck Bhujwala of the Zoroastrian Community and
AGENDA February 15, 2022City Council/Public Financing
Authority
member of the Greater Huntington Beach Interfaith Council
CLOSED SESSION REPORT BY CITY ATTORNEY
AWARDS AND PRESENTATIONS
22-1258. Mayor Delgleize to present the Mayor’s HB Excellence Award for the month of February to Justin Torres, Landscape Maintenance Supervisor, Department of Public Works
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS (3-Minute Time Limit) - At approximately 6:00 PM, individuals wishing to provide a comment on agendized or non-agendized items may do so either in person by filling out a Request to Speak form delivered to the City Clerk, via computer through Zoom Webinar ID 971 5413 0528, or Zoom Webinar by phone by calling (669) 900-6833. Once the Mayor opens Public Comments, in-person participants will be called to speak first. Zoom Webinar participants wishing to speak will be provided a 15-minute window to select the “Raise Hand” feature in the Webinar Controls section. Attendees entering the Webinar and requesting to speak by phone can enter *9 to enable the “Raise Hand” feature, followed by the *6 prompt that unmutes their handheld device microphone. Individuals will be prompted to speak when the Clerk announces their name or the last three digits of their phone number. After a virtual speaker concludes their comment, their microphone will be muted but they may remain in Webinar attendance for the duration of the meeting. All speakers are encouraged, but not required to identify themselves by name. Each speaker may have up to 3 minutes unless the volume of speakers warrants reducing the time allowance.
While the City Council welcomes public involvement and free speech, it rejects comments from anyone that are discriminatory, defamatory or otherwise not protected speech. Those comments will not inform nor be considered by the City Council and may be cause for the Mayor to interrupt the public speaker. Such public comments will not be consented to or otherwise adopted by the City Council in its discussions and findings for any matter tonight.
COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS, AB 1234 REPORTING, AND
OPENNESS IN NEGOTIATIONS DISCLOSURES
CITY MANAGER'S REPORT
CITY CLERK'S REPORT
22-0829. Presentation on the Safe and Sane Fireworks Stand Application and Lottery Process for 2022
AGENDA February 15, 2022City Council/Public Financing
Authority
22-12610. City Archivist Kathie Schey to announce receipt of a third digitization grant award from California Revealed, an initiative of the California State Library
CONSENT CALENDAR
22-08611. Approve and Adopt Minutes
Approve and adopt the City Council/Public Financing Authority regular meeting minutes dated February 1, 2022, as written and on file in the office of the City Clerk.
Recommended Action:
21-101812. Reaffirm adoption of Resolution No. 2021-62 finding a proclaimed state of emergency continues to impact the ability to meet safely in person, and allows meetings of the City Council and all City boards, commissions and committees to be conducted remotely as needed in compliance with new Brown Act provisions identified in Assembly Bill 361
Reaffirm Resolution No. 2021-62, “A Resolution of the City Council of the City of Huntington Beach, California, finding that the proclaimed state of emergency continues to impact the ability to meet safely in person.”
Recommended Action:
22-04713. Award and authorize the execution of a construction contract with Orion Construction Corporation, in the amount of $3,486,243 for the McFadden Sewer Lift Station Replacement Project, CC-1610; approve appropriation of funds and declare Arnaz Engineering Contractors, Inc. as non-responsive
A) Appropriate $1,403,302 from the Sewer Service Fund (511) to Account 51189016.82600; and,
B) Declare the first apparent lowest bid from Arnaz Engineering Contractors, Inc. as non-responsive; and,
C) Accept the second lowest responsive and responsible bid submitted by Orion Construction Corporation, in the amount of $3,486,243; and, D) Authorize the Mayor and City Clerk to execute a construction contract in a form Recommended Action:
AGENDA February 15, 2022City Council/Public Financing
Authority
approved by the City Attorney.
22-05114. Accept the lowest responsive and responsible bid, approve appropriation of funds and authorize execution of a construction contract with RJ Noble Company in the amount of $2,658,630 for the Zone 5 Overlay Project, CC-1638
A) Accept the lowest responsive and responsible bid submitted by RJ Noble Company in the amount of $2,658,630; and,
B) Appropriate $1,154,500 from the undesignated Measure M fund balance to account 21390002.82300; and,
C) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney.
Recommended Action:
22-07815. Reject all bids for the Storm Water Pump Station Facility Improvements Project CC-1657; update specifications and rebid the project
Reject all bids for the Storm Water Pump Station Facility Improvements Project CC-1657, update project specifications and the rebid the project.
Recommended Action:
PUBLIC HEARING
Individuals wishing to provide a comment on an item scheduled for Public Hearing may do so either in person by filling out a Request to Speak form delivered to the City Clerk, via computer through Zoom Webinar ID 971 5413 0528, or Zoom Webinar by phone by calling (669) 900-6833.
Once the Mayor opens Public Comments, in-person participants will be called to speak first. Zoom Webinar participants wishing to speak will be provided a 15-minute window to select the “Raise Hand” feature in the Webinar Controls section. Attendees entering the Webinar and requesting to speak by phone can enter *9 to enable the “Raise Hand” feature, followed by the *6 prompt that unmutes their handheld device microphone. Individuals will be prompted to speak when the Clerk announces their name or the last three digits of their phone number. After a virtual speaker concludes their comment, their microphone will be muted but they may remain in Webinar attendance for the duration of the meeting. All speakers are encouraged, but not required to identify themselves by name. Each speaker may have up to 3 minutes unless the volume of speakers warrants reducing the time allowance.
22-08716. Approve for introduction Ordinance No. 4234 approving Zoning Text Amendment (ZTA) No. 21-006 establishing electric vehicle charging
AGENDA February 15, 2022City Council/Public Financing
Authority
station sign standards
PLANNING COMMISSION AND STAFF RECOMMENDATION:
A) Find that Zoning Text Amendment No. 21-006 is categorically exempt pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act (CEQA); and,
B) Approve Zoning Text Amendment No. 21-006 with findings (Attachment No. 1) by approving for introduction City Council Ordinance No. 4234, “An Ordinance of the City of Huntington Beach Amending Chapter 233 of the Huntington Beach Zoning and Subdivision Ordinance Establishing Electric Vehicle Charging Station Sign Standards (Zoning Text Amendment No. 21-006)” (Attachment No. 2).
Recommended Action:
ADMINISTRATIVE ITEMS
22-10717. Year-End Audit Results for the FY 2020/21 Annual Comprehensive Financial Report (ACFR) and FY 2021/22 Mid-Year Budget
Adjustments
A) Receive and File the FY 2020/21 Annual Comprehensive Financial Report and other auditor issued reports; and,
B) Approve mid-year budget adjustments to the FY 2021/22 Revised Budget in the funds and by the amounts contained in Attachment 3; and,
C) Authorize additional Professional Services authority in the Fiscal Year 2021/22 Revised Budget in the departments and by the amounts contained in Attachment 4; and, D) Approve and authorize the Mayor and City Clerk to execute “Amendment No. 2 to Agreement between the City of Huntington Beach and National Council for Community Development (NDC) for Technical Assistance Services” (Attachment 5); and, E) Approve and authorize the Mayor and City Clerk to execute “Amendment No. 1 to Agreement between the City of Huntington Beach and Mind OC for Pilot Mobile Crisis Response Program” (Attachment 6).
Recommended Action:
COUNCILMEMBER ITEMS
22-13218. Submitted by Councilmember Kalmick - Updating Bolsa Chica
AGENDA February 15, 2022City Council/Public Financing
Authority
Annexation Feasibility Study
Direct staff to undertake an update of the Bolsa Chica Annexation Feasibility Study and return to Council with a Study Session upon completion of that update, at which time the Council can discuss the merit of annexation.
Recommended Action:
22-13719. Submitted by Mayor Delgleize, Councilmember Carr and Councilmember Kalmick - Hosting a Senior Resource Fair in Huntington Beach
Direct staff to work with the Senior Center and community partners to plan and implement a one-day senior resource fair, targeting mobile home park residents and low-income seniors in the community.
Recommended Action:
COUNCILMEMBER COMMENTS (Not Agendized)
ADJOURNMENT
The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Tuesday, March 1, 2022, at 4:00 PM in the Civic Center Council Chambers, 2000 Main Street, Huntington Beach, California.
INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA AND
STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT http://www.huntingtonbeachca.gov