IN-PERSON PUBLIC PARTICIPATION /ZOOM ACCESS: Members wishing to attend the meeting in person are encouraged to wear a face covering.
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: Individuals wishing to provide a comment on agendized or non -agendized items, including Study Session, Closed Session, and Public Hearing, may do so in person by completing a Request to Speak form delivered to the City Clerk, or 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 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 Communications 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
City Council/Public Financing Authority
Tuesday, April 19, 2022
No Study Session / Closed Session - 5:00 PM
Regular Meeting - 6:00 PM
****AGENDA REVISED 4/14/22****
Consent Calendar Item #22 (22-358) added
Council Chambers
2000 Main Street
Huntington Beach, CA 92648
--or--
Virtual via Zoom Webinar
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
STAFF
SEAN JOYCE, Interim City Manager
MICHAEL E. GATES, City Attorney
ROBIN ESTANISLAU, City Clerk
ALISA BACKSTROM, City Treasurer
AGENDA April 19, 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 PERTAINING TO CLOSED SESSION ITEMS (Received After Agenda Distribution)
PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS - 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
22-3411. 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.
22-3422. 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.
22-3433. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case:
Zago (Daphna) v. City of Huntington Beach; Case No.:
30-2020-01174319.
AGENDA April 19, 2022City Council/Public Financing
Authority
22-3484. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case:
James Schoales v. City of Huntington Beach; Worker’s
Compensation No. COHB-21-0110.
22-3495. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case:
Dale Shields v. City of Huntington Beach; Worker’s Compensation No. COHB-16-0273.
22-3506. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case:
Brandon Reed v. City of Huntington Beach; Worker’s Compensation No. COHB-17-0240.
22-3467. PUBLIC EMPLOYEE APPOINTMENT (Gov. Code section 54957(b)(1).) Title: City Manager.
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.
22-1808. Rev. George Hooper of Community United Methodist Church and member of the Greater Huntington Beach Interfaith Council
CLOSED SESSION REPORT BY CITY ATTORNEY
AWARDS AND PRESENTATIONS
22-3399. Mayor Delgleize to call on Miss Huntington Beach Princess Jenny Thach to assist with conducting the 4th of July fireworks stand
AGENDA April 19, 2022City Council/Public Financing
Authority
lottery drawing
22-20910. Mayor Delgleize to call on members of the Huntington Beach Interfaith Council to call for volunteers for the annual ‘Day of Service’ set for Saturday, April 23
22-32611. Mayor Delgleize to present the Mayor’s HB Excellence Award for the Month of April, 2022 to Fleet Operations Supervisor Cody Jahn in the City’s Public Works Department
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS - 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 ATTORNEY'S REPORT
22-29212. Community Prosecutor Program Update
CONSENT CALENDAR
22-25213. Approve and Adopt Minutes
AGENDA April 19, 2022City Council/Public Financing
Authority
A) Approve and adopt the City Council/Public Financing Authority regular meeting minutes dated March 15, 2022; and,
B) Approve and adopt the City Council/Public Financing Authority special meeting minutes dated March 25, 2022; and,
C) Approve and adopt the City Council/Public Financing Authority regular meeting minutes dated April 5, 2022; and,
D) Approve and adopt the City Council/Public Financing Authority special meeting minutes dated April 6, 2022; and
E) Approve and adopt the City Council/Public Financing Authority special meeting minutes dated April 8, 2022.
Recommended Action:
22-33814. Approve one or more appointments to the Mobile Home Advisory Board (MHAB) as recommended by City Council Liaisons Kim Carr and Dan Kalmick
A) Approve the appointment of Scott Miller as At-Large Member of the MHAB through August 4, 2024, the end of term for the current vacancy; and/or B) Approve the appointment of Caroline Chase as Resident Member of the MHAB through August 4, 2024, the end of term for the current vacancy; and/or C) Approve the appointment of Valerie Avila as Owner Member of the MHAB through August 4, 2024, the end of term for the current vacancy.
Recommended Action:
22-00315. 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:
22-30216. Adopt Resolution No. 2022-10 establishing Permit Parking District “AA” affecting residents on Lakeview Drive and Cliffview Lane
AGENDA April 19, 2022City Council/Public Financing
Authority
Adopt Resolution No. 2022-10, “A Resolution of the City Council of the City of Huntington Beach Establishing Permit Parking District “AA” Within the City of Huntington Beach.” Recommended Action:
22-27817. Adopt Resolution No. 2022-13 authorizing the application for grant funds from the State Department of Parks and Recreation through the Recreational Trails Program
Adopt Resolution No. 2022-13, “A Resolution of the City Council of the City of Huntington Beach Approving the Application for Grant Funds from the Recreational Trails Program” from the State Department of Parks and Recreation.
Recommended Action:
22-31718. Approve the escheatment of Unclaimed Funds per Government Code Sections 50050-50057
Review and approve the transfer of $29,086.88 of unclaimed funds from the City’s Unclaimed Funds Liability Account to the City’s Miscellaneous Revenue Account 10000100.48550 in compliance with Government Code Sections 50050-50057.
Recommended Action:
22-28619. Authorize the City Manager to purchase a vactor truck for the Wastewater Division of Public Works for $629,047.84
Authorize the City Manager to purchase a vactor truck in the amount of $629,047.84.
Recommended Action:
22-29020. Approve and authorize appropriations and execution of a Reimbursement Agreement with 4972 Warner Avenue Owner LP for $243,920 to fund an Environmental Impact Report (EIR) to be prepared by LSA Associates, Inc. through On Call Environmental (CEQA) Services contract dated April 5, 2022 for the Huntington Beach Senior Living Project
A) Approve and authorize the Mayor and the City Clerk to execute a “Reimbursement - Planning - Agreement Between the City of Huntington Beach and 4972 Warner Avenue Owner LP for Costs Incurred for Preparation of Environmental Impact Report for Huntington Beach Senior Living Project” in the amount of $243,920 as prepared by the City Attorney (Attachment No. 1); and,
B) Approve an increase in the Community Development Department’s professional services listing authority by $243,920 for the preparation of the Huntington Beach Senior Living Environmental Impact Report to ensure compliance with Administrative Regulation Number 228, Section 7.1; and,
Recommended Action:
AGENDA April 19, 2022City Council/Public Financing
Authority
C) Appropriate funds as revenues are received in the amount of $243,920 from the General Fund to the Community Development Department Professional Services Account 10060201.69365 for the On Call Environmental (CEQA) Professional Services Contract Task Order between the City and LSA Associates, Inc., which is funded by a reimbursement agreement.
22-30121. Approve and authorize execution of Professional Services Contracts for On-Call Transportation Engineering Consulting Services with Advantec Consulting Engineers, Inc., AGA Engineers, Inc., FPL and Associates, Inc., KOA Corporation, Linscott, Law & Greenspan Engineers dba LG2WB Engineers, Inc. and Michael Baker
International Inc.
A) Approve and authorize the Mayor and City Clerk to execute a $500,000 “Professional Services Contract Between the City of Huntington Beach and Advantec Consulting Engineers, Inc. for On-Call Transportation Engineering Services;” and, B) Approve and authorize the Mayor and City Clerk to execute a $500,000 “Professional Services Contract Between the City of Huntington Beach and AGA Engineers, Inc. for On-Call Transportation Engineering Services;” and,
C) Approve and authorize the Mayor and City Clerk to execute a $500,000 “Professional Services Contract Between the City of Huntington Beach and FPL and Associates, Inc. for On-Call Transportation Engineering Services;” and,
D) Approve and authorize the Mayor and City Clerk to execute a $500,000 “Professional Services Contract Between the City of Huntington Beach and KOA Corporation for On-Call Transportation Engineering Services;” and,
E) Approve and authorize the Mayor and City Clerk to execute a $500,000 “Professional Services Contract Between the City of Huntington Beach and Linscott, Law & Greenspan dba LG2WB for On-Call Transportation Engineering Services;” and, F) Approve and authorize the Mayor and City Clerk to execute a $500,000 “Professional Services Contract Between the City of Huntington Beach and Michael Baker International, Inc. for On-Call Transportation Engineering Services.”
Recommended Action:
22-358*22. Approve and authorize execution of a Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach City School District (HBCSD) - (Gisler Residential Project)
Recommended Action:
AGENDA April 19, 2022City Council/Public Financing
Authority
A) Approve and authorize the Mayor and City Clerk to execute a “Memorandum of Understanding Between the City of Huntington Beach and the Huntington Beach City School District - HBCSD;” and,
B) Establish a fund/account to deposit the $500,000 paid by the developer to be used to fund a sports field lighting project on HBCSD property and appropriate the funds to reimburse HBCSD for eligible project costs.
22-31123. Adopt Ordinance No. 4251 adding Chapter 10.53 to Title 10 (Vehicles and Traffic) of the Huntington Beach Municipal Code, prohibiting the unlawful possession of catalytic converters in the City - Approved for introduction April 5, 2022, Vote: 7-0
Adopt Ordinance No. 4251, “An Ordinance of the City Council of the City of Huntington Beach Adding a New Chapter 10.53 to Title 10 of the Huntington Beach Municipal Code, Prohibiting the Unlawful Possession of Catalytic Converters in the City, and Making a Finding of Exemption Under CEQA.”
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.
22-26924. 2022-2023 Annual Action Plan for Federal Community Development Block Grant (CDBG) and Home Investment Partnerships (HOME) Entitlement Grant Programs, and Amendment No. 1 (Substantial) to the 2021-2022 Annual Action Plan - adopt Resolution Nos. 2022-15 and 2022-16
Staff recommends that the City Council approve and authorize the following in compliance with the Consolidated Plan Procedures of 24 CFR Part 91:
Recommended Action:
AGENDA April 19, 2022City Council/Public Financing
Authority
A) Conduct a public hearing for the 2022-2023 Annual Action Plan and Amendment No. 1 (Substantial) to the 2021-2022 Annual Action Plan; and, B) Adopt Resolution No. 2022-15, “A Resolution of the City Council of the City of Huntington Beach Approving Amendment No. One (Substantial) to the 2021-2022 Annual Action Plan,” and,
C) Adopt Resolution No. 2022-16, “A Resolution of the City Council of the City of Huntington Beach, California, Approving the 2022-2023 Action Plan for Federal Community Development Block Grant and HOME Investment Partnerships Programs;” and,
D) Authorize the City Manager to sign all necessary related documents. 22-27025. 2021-2022 Annual Action Plan Substantial Amendment to receive $2.2 million HOME Investment Partnerships - American Rescue Plan (HOME-ARP) funds to address housing and homelessness - adopt Resolution No. 2022-18
A) Conduct a public hearing; and,
B) Adopt Resolution No. 2022-18, “A Resolution of the City Council of the City of Huntington Beach Approving a 2021-2022 Annual Action Plan Substantial Amendment to Integrate the HOME-ARP Allocation Plan”; and,
C) Authorize the submittal of the Allocation Plan to HUD for review and approval; and, D) Authorize the City Manager or their designee to execute all necessary related documents.
Recommended Action:
COUNCILMEMBER COMMENTS (Not Agendized)
ADJOURNMENT
The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Tuesday, May 3, 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