AGENDA
City Council/Public Financing Authority Regular Meeting
Tuesday, March 1, 2022
No Study Session/Closed Session – 5:00 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, March 1, 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 Council 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 March 1, 2022 City Council meeting, the 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 those utilizing computer or telephone 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 City.Council@surfcity -hb.org. 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 March 1, 2022City Council/Public Financing
Authority
5:00 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 CLOSED SESSION ITEMS (3-Minute Time Limit) - At approximately 5:00 PM, individuals wishing to provide a comment on item(s) scheduled for 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. 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.
RECESS TO CLOSED SESSION
CLOSED SESSION ANNOUNCEMENT(S)
22-1721. 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: Surf City Lifeguard Employees' Association (SCLEA) and Police Officers’ Association (POA)
CLOSED SESSION
22-1672. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case:
Bottoms (Mark) v. City of Huntington Beach, et al.; OCSC Case No. 30-2021-01196342.
AGENDA March 1, 2022City Council/Public Financing
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22-1683. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case:
Handrinos (Mathias) v. City of Huntington Beach, et al.; USDC Case No.: 8:20-cv-1206 FLA (DFMx).
22-1734. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case:
California Renters Legal Advocacy and Education Fund/THDT Investment, Inc. v. City of Huntington Beach; OCSC Case No.:
30-2020-01140855; Appellate Case No. G060842.
22-1745. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case:
Californians for Homeownership, Inc. v. City of Huntington Beach; OCSC Case No. 30-2019-01107760; Court of Appeal No. G060835. 22-1776. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case:
Emmer (Cynthia) v. City of Huntington Beach; OCSC Case No. 30-2020-01145487.
22-1717. CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Sean Joyce, Interim City Manager; also in attendance: Brittany Mello, Director of Administrative Services, regarding the following: Surf City Lifeguard Employees' Association (SCLEA) and Police Officers’ Association (POA)
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
AGENDA March 1, 2022City Council/Public Financing
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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.
22-1758. Mike Michaud from Dance4Joy Ministries and member of the Greater Huntington Beach Interfaith Council
CLOSED SESSION REPORT BY CITY ATTORNEY
AWARDS AND PRESENTATIONS
22-1569. Mayor Delgleize to call on Victoria Alberty for the Adoptable Pet of the Month
22-13810. Mayor Delgleize to proclaim March as Women’s History Month 22-13911. Mayor Delgleize to call on members of the Huntington Beach Firefighters’ Association (HBFA) to present a check to the Huntington Beach High School Foundation for $40,000 from the HBFA Great Balls of Fire Charity Golf Tournament
22-15712. Mayor Delgleize to call on members of the Marina High School Girls Wrestling Team who recently won the 2022 CIF-Southern Section Central Division Championships
22-15813. Mayor Delgleize to call on Marina High School Cheerleaders who recently ranked as 2022 National Champions
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
AGENDA March 1, 2022City Council/Public Financing
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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
CONSENT CALENDAR
22-15014. Approve and Adopt Minutes
A) Approve and adopt the City Council/Public Financing Authority regular meeting minutes dated February 15, 2022.
Recommended Action:
22-01515. Receive and file the City Clerk’s quarterly listing of professional services contracts filed in the City Clerk’s Office between July 1, 2021 and December 31, 2021
A) Receive and file the “List of Professional Services Contracts Approved by Department Heads and Submitted to the Office of the City Clerk during the period of July 1, 2021 and September 30, 2021;” and,
B) Receive and file the “List of Professional Services Contracts Approved by Department Heads and Submitted to the Office of the City Clerk during the period of October 1, 2021 and December 31, 2021.”
Recommended Action:
22-15216. Adopt Resolution No. 2022-06 permitting the City Manager to execute all documents related to the Permanent Local Housing Allocation Program (PLHA)
Adopt Resolution No. 2022-06, “A Resolution of the City Council of the City of Huntington Beach Authorizing the Application and Adopting the PLHA Plan for Permanent Local Housing Allocation Program” authorizing the City Manager position or his/her designee to execute all documents Recommended Action:
AGENDA March 1, 2022City Council/Public Financing
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related to the PLHA program.
21-85317. Approve and execute a Site License Agreement between New Cingular Wireless (AT&T) and the City of Huntington Beach for a wireless communication facility located at Fire Station 6 - Edwards Approve and authorize the Mayor and City Clerk to execute the “Site License Agreement For Installation and Use of a Communications Antenna Facility and Supporting Equipment Between the City of Huntington Beach and New Cingular Wireless PCS, LLC” for the telecommunications facility at Fire Station 6 - Edwards based on the terms and conditions as presented herein.
Recommended Action:
22-11018. Accept the lowest responsive and responsible bid and authorize execution of a construction contract with Palp, Inc. dba Excel Paving Company (Excel Paving) in the amount of $291,600 for the Flow Line Half Round Inlet Drainage Structures Project, CC-1676
A) Accept the most responsive and responsible bid submitted by Excel Paving in the amount of $291,600; and,
B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney.
Recommended Action:
22-15119. Finance Commission Request to Discuss and Review the City’s Master Fee and Charges Schedule
Direct staff to review the Master Fees and Charges Schedule and review the results with Finance Commission for input and recommendations prior to City Council consideration.
Recommended Action:
22-14920. Approve and authorize execution of a Professional Services Contract with Townsend Public Affairs (TPA), Inc. for Legislative Advocacy and Grant Management Services
Approve and authorize the Mayor and City Clerk to execute a “Professional Services Contract Between the City of Huntington Beach and Townsend Public Affairs, Inc. for On-Call Legislative Advocacy and Grant Management Services.” Recommended Action:
22-15321. Adopt Ordinance No. 4234 approving Zoning Text Amendment (ZTA) No. 21-006 establishing electric vehicle charging station sign
AGENDA March 1, 2022City Council/Public Financing
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standards
Approved for introduction Feb. 15, 2022 - Vote: 7-0
Adopt 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).”
Recommended Action:
ADMINISTRATIVE ITEMS
22-12322. Consider Withdrawal of Previous City Council Approval of the Edison Park Reconfiguration Conceptual Plan
A) Withdraw the November 16, 2021 City Council approval of the final Edison Park Reconfiguration Conceptual Plan; and,
B) Direct staff to conduct further community outreach and additional review and analysis of the Conceptual Plan, and return to City Council.
Recommended Action:
22-14123. Approve and authorize a First Amendment to the Exclusive Negotiating Agreement (ENA) with Surf City Partners, LLC for 21 Main Street at the Huntington Beach Pier
Approve and authorize the Mayor and City Clerk to execute the “First Amendment Exclusive Negotiating Agreement Between City of Huntington Beach and Surf City Partners, LLC" to expand the property area to include the pier restroom building and surrounding area as part of the 21 Main Street property description.
Recommended Action:
22-16224. Proposed City Council Sponsored Initiative Regarding Cannabis Business Tax
If the City Council wishes to put a tax ballot measure before voters in June as a special tax, the following actions are recommended:
A) Adopt Resolution No. 2022-07, “A Resolution of the City Council of the City of Huntington Beach, California calling for a Special Election to place a special tax measure on the June 7, 2022 Statewide Primary election ballot for the submission to the qualified voters of proposed Ordinance No. 22-XX adding Chapter 3.25 to Title 3 of the Huntington Beach Municipal Code, establishing a tax on cannabis businesses within the City of Huntington Beach; requesting full election services from the County of Orange to Recommended Action:
AGENDA March 1, 2022City Council/Public Financing
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conduct said election; and setting rules and deadlines for arguments and rebuttals for and against the Ordinance including designating council to draft arguments; and, B) Direct staff to schedule a future meeting date at which the City Council can further consider the implications of various unresolved policy/regulatory matters associated with cannabis, after which time the City Attorney can prepare and return to the City Council for its consideration, a regulatory ordinance regarding cannabis regulations for City Council adoption or voter approval; and
C) Authorize a General Fund appropriation of up to $450,000 in Account 10010201.69505 for the OC Registrar of Voters to cover all associated election costs related to placing the measure on the June 7, 2022 ballot.
However, if the City Council wishes to put a tax measure before voters in November as a general tax, the following actions are recommended:
1) Direct staff to return to the City Council to adopt the draft resolution (Attachment 2); and,
2) Direct staff to schedule a future meeting date at which the City Council can further consider the implications of various unresolved policy/regulatory matters associated with cannabis, after which time the City Attorney can prepare and return to the City Council for its consideration, a regulatory ordinance regarding cannabis regulations for City Council adoption or voter approval.
If this option is selected, the cost of election will be budgeted in the FY2022-23 budget.
ORDINANCES FOR ADOPTION
22-09225. Adopt Interim Urgency Ordinance No. 4249 amending the Huntington Beach Zoning and Subdivision Ordinance to establish objective standards for urban lot splits and housing units constructed in accordance with Senate Bill 9
SIX AFFIRMATIVE VOTES ARE REQUIRED TO ADOPT THIS
ORDINANCE PER GOVERNMENT CODE SECTION 65858
Adopt Urgency Ordinance No. 4249, “An Interim Ordinance of the City Council of the City of Huntington Beach Adding Chapter 237 to Title 23 of the Huntington Beach Zoning and Subdivision Ordinance to Provide Objective Standards for Urban Lot Splits and Housing Units Built in Accordance with Senate Bill 9, Declaring the Urgency Thereof, and Making a Recommended Action:
AGENDA March 1, 2022City Council/Public Financing
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Finding of Exemption Under CEQA.”
COUNCILMEMBER ITEMS
22-16626. Submitted by Mayor Pro Tem Posey and Councilmember Carr - Establishing a Memorial for Officer Nicholas Vella
Ask staff to work collaboratively with the City of Newport Beach to determine all associated logistics with the development of a memorial for Officer Nicholas Vella at or near the crash site. Furthermore, staff will inform Officer Vella’s family regarding the proposed memorial and seek their input throughout the process to ensure that it is reflective of his life and his commitment to public safety.
Recommended Action:
COUNCILMEMBER COMMENTS (Not Agendized)
ADJOURNMENT
The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Tuesday, March 15, 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