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, May 2, 2023
Council Chambers
2000 Main Street
Huntington Beach, CA 92648
--or--
Virtual via Zoom Webinar
MAYOR AND CITY COUNCIL
TONY STRICKLAND, Mayor
GRACEY VAN DER MARK, Mayor Pro Tem
RHONDA BOLTON, Councilmember
PAT BURNS, Councilmember
DAN KALMICK, Councilmember
CASEY McKEON, Councilmember
NATALIE MOSER, Councilmember
STAFF
AL ZELINKA, City Manager
MICHAEL E. GATES, City Attorney
ROBIN ESTANISLAU, City Clerk
ALISA BACKSTROM, City Treasurer
AGENDA May 2, 2023City Council/Public Financing
Authority
2:00 PM - COUNCIL CHAMBERS
CALL TO ORDER
ROLL CALL
Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, Burns CITY COUNCILMEMBER COMMENTS (3-Minute Time Limit) - The Mayor will facilitate a voluntary opportunity for members of the Huntington Beach City Council to individually make brief comments to the public. Please note that the Brown Act does not allow for lengthy comments, discussion, or action on topics that are not on the agenda.
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS FOR STUDY AND CLOSED SESSION ITEMS (Received After Agenda Distribution)
PUBLIC COMMENTS REGARDING STUDY AND CLOSED SESSION ITEMS (3-Minute Time Limit)
At this time, the City Council will receive comments from members of the public regarding any topic, including items on the Study Session and /or Closed Session agendas. Individuals wishing to provide a comment on item (s) may do so in person by filling out a Request to Speak form delivered to the City Clerk. 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.
Please note that the Brown Act does not allow discussion or action on topics that are not on the agenda. Members of the public who would like to speak directly with a Councilmember on an item not on the agenda may consider scheduling an appointment by contacting the City Council's Administrative Assistant at (714) 536-5553 or emailing the entire City Council at [email protected].
STUDY SESSION
23-3281. OneHB Customer Service Excellence Training for the City Council and City Leadership Team
22-8452. Oak View Library and Community Center Master Plan
RECESS TO CLOSED SESSION
CLOSED SESSION
23-3643. CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Al Zelinka, City Manager, and Peter Brown, Chief Negotiator; also in attendance:
AGENDA May 2, 2023City Council/Public Financing
Authority
Jose Rodriguez, Human Resources Manager; Travis Hopkins, Assistant City Manager; Michael E. Gates, City Attorney; Eric Parra, Chief of Police; and Sunny Han, Acting Chief Financial Officer.
Employee Organization: Police Officers’ Association (POA) 23-4024. CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Al Zelinka, City Manager, and Peter Brown, Chief Negotiator; also in attendance:
Jose Rodriguez, Human Resources Manager; Travis Hopkins, Assistant City Manager; Michael E. Gates, City Attorney; Eric Parra, Chief of Police; and Sunny Han, Acting Chief Financial Officer.
Employee Organization: Police Management Association (PMA) 23-3895. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Pursuant to Government Code §54957 for performance evaluation of the City Manager
23-3436. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case:
People of the State of California/Bonta v. City of Huntington Beach/Zelinka; Case No. 30-2023-01312235.
23-3447. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case:
City of Huntington Beach, et al. v. Gavin Newsom, et al.; Case No. 8:23-CV-00421
23-3458. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case:
Whitaker (Brittany) v. City of Huntington Beach and Todd McClung; OCSC Case No.: 30-2021-01235807
23-3469. 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
23-34710. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case:
AGENDA May 2, 2023City Council/Public Financing
Authority
Gapezzani (Gary) v. John Romero, City of Huntington Beach; OCSC Case No.: 30-2021-01225030
23-36311. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case:
Thomas Shaw v. City of Huntington Beach, Workers’ Comp. Case No.
COHB-20-0339
23-39812. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case:
Pacific Airshow, LLC v. City of Huntington Beach and Kim Carr; OCSC Case No. 30-2022-01287749
6:00 PM – COUNCIL CHAMBERS
RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING
ROLL CALL
Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, Burns
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.
23-36013. Huntington Beach Police and Fire Department Chaplain Roger Wing
CLOSED SESSION REPORT BY CITY ATTORNEY
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS
(Received After Agenda Distribution)
PUBLIC COMMENTS (3-Minute Time Limit)
At this time, the City Council will receive comments from members of the public regarding any topic, including items on the open session agenda. Individuals wishing to provide a comment may do so in person by filling out a Request to Speak form delivered to the City Clerk. 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.
Please note that the Brown Act does not allow discussion or action on topics that are not on the agenda. Members of the public who would like to speak directly with a Councilmember on an
AGENDA May 2, 2023City Council/Public Financing
Authority
item not on the agenda may consider scheduling an appointment by contacting the City Council's Administrative Assistant at (714) 536-5553 or emailing the entire City Council at [email protected].
While the City Council welcomes public involvement and supports and defends free speech, the City Council rejects comments from anyone that are discriminatory, defamatory or otherwise not protected free 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 APPOINTMENT ANNOUNCEMENTS
Councilmembers may make brief announcements on any appointments made to a board, committee, or commission. Councilmembers may not discuss or take any action on these announcements. Announcements are limited to 1 minute.
AB 1234 REPORTING
Per AB 1234 (Government Code Section 53232.3(d)) Councilmembers who attend a meeting, conference, or similar event at the expense of the City must provide a brief report of the meeting, conference, or similar event during the next regular City Council meeting. Reports are limited to 1 minute.
** OPENNESS IN NEGOTIATION DISCLOSURES
Councilmembers must publicly disclose any meetings or communications with City employee associations, related to the negotiations of labor agreements. Disclosures are limited to 1 minute and must be made by the next regular City Council Meeting.
CITY MANAGER'S REPORT
23-40514. April update from Orange County Mosquito and Vector Control (OCMVC)
CITY CLERK'S REPORT
23-16715. Mayor Strickland to call on Miss Huntington Beach Princess Roslyn Brown-Bilyeu and Princess Coral Gangitano to assist with conducting the 4th of July fireworks stand lottery drawing
CONSENT CALENDAR
OFFICE OF THE CITY CLERK
23-31616. Approve and Adopt Minutes
Recommended Action:
AGENDA May 2, 2023City Council/Public Financing
Authority
Approve and adopt the City Council/Public Financing Authority regular meeting minutes of April 4, 2023.
23-39717. Request to receive and file a revision to the 2023 City Council Liaison List - Citizen Boards, Commissions, Committees and Task Forces
Receive and file the revised 2023 City Council Liaison List that assigns Councilmember McKeon as Alternate to the West Orange County Water Board.
Recommended Action:
CITY MANAGER'S OFFICE
23-38818. Consider positions on legislation pending before the State Legislature, as recommended by the Intergovernmental Relations Committee (IRC)
Approve one or more of the following positions on State legislation:
A) Oppose AB 480 (Ting/Umberg)
B) Support SB 747 (Caballero)
C) Oppose AB 1035 (Muratsuchi)
D) Oppose SB 4 (Wiener)
E) Oppose AB 1485 (Haney/Wiener)
F) Oppose AB 68 (Ward)
G) Oppose SB 423 (Wiener)
H) Watch SB 222 (Nguyen)
I) Watch SB 1175 (Quirk-Silva)
J) Oppose SB 252 (Gonzalez)
Recommended Action:
COMMUNITY AND LIBRARY SERVICES DEPARTMENT
23-21219. Approve and authorize License Agreement between the City of Huntington Beach and Subhash and Sushil Patel, Individuals, dba One Fine Blend for operation of food and beverage kiosk located at
AGENDA May 2, 2023City Council/Public Financing
Authority
the Huntington Beach Central Library
Approve and authorize the Mayor and City Clerk to execute the “License Agreement between the City of the City of Huntington Beach and Subhash and Sushil Patel, dba One Fine Blend” for a food and beverage kiosk located at the Huntington Beach Central Library.
Recommended Action:
COMMUNITY DEVELOPMENT DEPARTMENT
23-35720. Approve and Authorize Execution of a License Agreement between the City of Huntington Beach and the Huntington Beach Credit Union for ATM Services at City Hall
Approve and authorize the Mayor and City Clerk to execute the “Non-Exclusive License Agreement between the City of Huntington Beach and the Huntington Beach Credit Union for ATM Services at City Hall.”
Recommended Action:
FINANCE DEPARTMENT
23-32521. Approve the escheatment of Unclaimed Funds pursuant to Government Code Sections 50050-50057
Review and approve the transfer of $9,575.48 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:
23-40022. Authorize the City Manager or designee to purchase 112 3M Scott Self-Contained Breathing Apparatus (SCBA) Replacement Units in the amount of $1,088,199 through a sole source procurement, two (2) Triple Combination Pumper Engines in the amount of $1,212,623 each, one (1) 100-foot Aerial Quint Truck in the amount of $2,151,085; and authorize the City Manager or designee to enter into all documents necessary to acquire and finance the purchase of these items and other vehicles and capital equipment for a total not to exceed $7,742,143 at an interest rate not to exceed 3.837% Authorize the City Manager or designee to purchase 112 3M Scott Self-Contained Breathing Apparatus (SCBA) Replacement Units in the amount of $1,088,199 through a sole source procurement from AllStar Fire Equipment; approve the purchase of two (2) Triple Combination Pumper Engines in the amount of $1,212,623 each, one (1) 100-foot Aerial Quint Truck in the amount of $2,151,085 from Rosenbauer America; and authorize the City Manager or designee to enter into all documents necessary to acquire and finance Recommended Action:
AGENDA May 2, 2023City Council/Public Financing
Authority
the purchase of these items and other vehicles and capital equipment for a total not to exceed $7,742,143 at an interest rate not to exceed 3.837%.
POLICE DEPARTMENT
23-30323. Approve and authorize execution of contract agreements with Best Towing, LLC and Mandic Motors, Inc. for Police Directed Vehicle Towing and Storage Services, and adopt Resolution 2023-11, revising the fees for towing services and garage impounds A) Approve and authorize execution by the Mayor and City Clerk of the "Agreement Between the City of Huntington Beach and Best Towing, LLC, services for Police Directed Towing and Storage Services," including the “Tow Rate Schedule for Best Towing, LLC, services for Police Directed Towing and Storage Services;”
B) Approve and authorize execution by the Mayor and City Clerk of the "Agreement Between the City of Huntington Beach and Mandic Motors, Inc., services for Police Directed Towing and Storage Services," including the “Tow Rate Schedule for Mandic Motors, Inc., services for Police Directed Towing and Storage Services;” and, C) Adopt Resolution 2023-11, “A Resolution of the City Council of the City of Huntington Beach Revising the Fees for Towing Services and Garage Impounds.” Recommended Action:
PUBLIC WORKS DEPARTMENT
23-34224. Adopt Ordinance No. 4286 amending Huntington Beach Municipal Code Chapter 10.12 relating to speed limits
Approved for Introduction on 4/4/2023 - Vote: 7-0
Adopt Ordinance No. 4286 “An Ordinance of the City of Huntington Beach Amending Chapter 10.12.080 of the Huntington Beach Municipal Code Relating to Speed Limits.” Recommended Action:
23-31225. Approve the Execution of a Subdivision Agreement with Huntington Gateway Industrial III, LLC and Accept Securities for the Huntington Gateway Phase III Industrial Project.
A) Approve and authorize the Mayor and City Clerk to execute and record the Subdivision Agreement by and between the City of Huntington Beach and Huntington Gateway Industrial III, LLC to construct public improvements for the Huntington Gateway Phase III industrial project (Attachment 1); and,
B) Accept the Faithful Performance Bond No. 1001047762 (Attachment 2), Labor and Recommended Action:
AGENDA May 2, 2023City Council/Public Financing
Authority
Material Bond No. 1001047762 (Attachment 3) and Monument Bond No. 1001047763 (Attachment 4), the securities furnished for installation of the required public improvements; and,
C) Instruct the City Clerk to file the bonds with the City Treasurer. 23-31726. Adopt Resolution 2023-17 identifying a list of projects that will be funded with SB 1: The Road Repair and Accountability Act of 2017 in Fiscal Year 2023/24
Adopt Resolution 2023-17, “A Resolution of the City Council of the City of Huntington Beach Adopting a List of Projects for Fiscal Year 2023/24 Funded by SB 1: The Road Repair and Accountability Act.”
Recommended Action:
23-31827. Adopt Resolution No. 2023-18 authorizing an Application for Funds for the Environmental Cleanup, Tier 1 Grant Program under the Orange County Transportation Authority Environmental Cleanup Program
Adopt Resolution No. 2023-18, “A Resolution of the City Council of the City of Huntington Beach Authorizing an Application for Funds for the Environmental Cleanup, Tier 1 Grant Program Under Orange County Transportation Ordinance No. 3 for the Huntington Beach Trash Removal Project, Phase 3.”
Recommended Action:
23-14928. Approve Sole Source Procurement Request with Murcal Incorporated (Murcal) for Flood Control Station Controllers and Related Equipment
Approve the sole source procurement request with Murcal for programmable logic controllers (PLCs) and other flood control station equipment.
Recommended Action:
23-37229. Approve and authorize the execution of Amendment No. 1 to the Agreement between the City of Huntington Beach and GHD Inc., for On-Call Water Engineering, Wastewater Engineering, Stormwater Engineering, and Engineering Consulting Services
Approve and authorize the Mayor and City Clerk to execute Amendment No. 1 to the Agreement Between the City of Huntington Beach and GHD Inc., for On-Call Water Engineering, Wastewater Engineering, Stormwater Engineering, and Consulting Services Recommended Action:
PUBLIC HEARING
AGENDA May 2, 2023City Council/Public Financing
Authority
For the benefit of the public, prior to a public hearing item, each member of the City Council will disclose any ex parte communications they may have had pertaining to the item. In simple terms, public hearings are quasi -judicial proceedings and the information used by the City Council to make its decisions should be limited to that which is obtained during the public hearing. Ex parte communications, then, means any information obtained outside of a public hearing. In such public hearing proceedings, the City Council must uphold constitutional and statutory due process rights of present and non -present parties by disclosing ex parte communications. Ex parte communications include oral and written information, as well as visual or auditory information obtained during a site visit.
Individuals wishing to provide a comment on an item scheduled for Public Hearing may do so in person by filling out a Request to Speak form delivered to the City Clerk. 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. 23-28830. 2023-2024 Annual Action Plan for Federal Community Development Block Grant (CDBG) and Home Investment Partnerships (HOME) Entitlement Grant Programs and an Amendment (Substantial) to the 2020/21-2024/25 Citizen Participation Plan
Staff recommends that the City Council approve and authorize the following in compliance with the Consolidated Plan Procedures of 24 CFR Part 91:
A) Conduct a public hearing for the 2023-2024 Action Plan and an Amendment (Substantial) to the 2020/21-2024/25 Citizen Participation Plan; and, B) Adopt Resolution No. 2023-19, “A Resolution of the City Council of the City of Huntington Beach, California, Approving the 2023-2024 Action Plan for Federal Community Development Block Grant and Home Investment Partnerships Programs, and Approving the Amendment (Substantial) to the 2020/21-2024/25 Citizen Participation Plan”; and,
C) Authorize the City Manager to sign all necessary related documents.
Recommended Action:
23-39931. Consider adopting Resolution No. 2023-21, adopting an updated Master Fee And Charges Schedule by amending Resolution 2016-59, as amended by Resolution Nos. 2017-28, 2017-44, 2017-46, 2018-01, 2018-29, 2018-48, 2018-55, 2019-07, 2019-19, 2019-87, 2020-37, 2021-17, 2021-18, 2021-36, 2021-78 and 2022-35, which established a Consolidated Comprehensive Citywide Master Fee And Charges Schedule (Supplemental Fee Resolution No. 17); and, approve for introduction Ordinance No. 4292 amending Huntington Beach Municipal Code Chapter 10.60 relating to On-Street Parking Meter
AGENDA May 2, 2023City Council/Public Financing
Authority
Zones
A) Adopt Resolution No. 2023-21, “A Resolution of the City Council of the City of Huntington Beach Adopting An Updated Master Fee And Charges Schedule By Amending Resolution No. 2016-59, As Amended By Resolution Nos. 2017-28, 2017-44, 2017-46, 2018-01, 2018-29, 2018-48, 2018-55, 2019-07, 2019-19, 2019-87, 2020-37, 2021-17, 2021-18, 2021-36, 2021-78 and 2022-35, Which Established A Consolidated Comprehensive Citywide Master Fee And Charges Schedule (Supplemental Fee Resolution No. 17);” and,
B) Approve for introduction Ordinance No. 4292, “An Ordinance of the City of Huntington Beach Amending Chapter 10.60 of the Huntington Beach Municipal Code Relating To On-Street Parking Meter Zones”
Recommended Action:
ADMINISTRATIVE PUBLIC HEARING
23-31332. Conduct Administrative Public Hearing for the 2023 Annual Weed Abatement Program and authorize the Director of Public Works to proceed with abatement
A) Open a public hearing for any objections to the proposed removal of weeds and rubbish; and,
B) Authorize the Director of Public Works to proceed with the abatement of the nuisance.
Recommended Action:
ADJOURNMENT
The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Tuesday, May 16, 2023, 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