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 16, 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 16, 2023City Council/Public Financing
Authority
3:00 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 PERTAINING TO STUDY AND/OR CLOSED SESSION ITEMS (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 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].
RECESS TO CLOSED SESSION
CLOSED SESSION
23-4231. 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; Theresa St. Peter, Interim Director of Human Resources; 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).
23-4302. CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Al Zelinka, City
AGENDA May 16, 2023City Council/Public Financing
Authority
Manager, and Peter Brown, Chief Negotiator; also in attendance:
Jose Rodriguez, Human Resources Manager; Theresa St Peter, Interim Director of Human Resources; 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).
23-4203. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Pursuant to Government Code §54957 for performance evaluation of the City Manager
23-4274. CONFERENCE WITH LEGAL COUNSEL-LITIGATION (Gov. Code section 54956.9(d)(4).): Number of matters: One (1).
23-4215. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case:
Nemelka (Anthony L.) v. City of Huntington Beach; OCSC Case No.:
30-2023-01313377.
23-4226. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case:
Stanley (Jean) v. City of Huntington Beach; OCSC Case No.:
30-2021-01215676.
23-4287. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case:
Tater/Staniskis v. City of Huntington Beach, et al.; USDC Case No. 8:20-cv-01772-MEMF (JDEx).
RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING
STUDY SESSION
23-4198. Proposed FY 2023/24 Budget Review
6:00 PM – COUNCIL CHAMBERS
RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING
ROLL CALL
Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, Burns
AGENDA May 16, 2023City Council/Public Financing
Authority
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.
23-4149. Huntington Beach Police Chaplain Bob Ewing
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 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.
AGENDA May 16, 2023City Council/Public Financing
Authority
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
23-41810. E-Bike Safety Presentation
23-42911. Food Allergy Awareness Week
CITY TREASURER'S REPORT
23-40912. Receive and File the City Treasurer’s March 2023 Quarterly Investment Summary Report
Receive and file the City Treasurer’s Quarterly Investment Report for March 2023, pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach.
Recommended Action:
CONSENT CALENDAR
CITY MANAGER'S OFFICE
23-40613. Oak View Pilot Parking Program Update and Recommendation to Conclude the Year-Long Program When It Sunsets on June 30, 2023 A) Receive and file the Oak View Pilot Parking Program Update; and B) Conclude the Program when the pilot year sunsets on June 30, 2023.
Recommended Action:
COMMUNITY DEVELOPMENT DEPARTMENT
23-37714. Adopt Resolution No. 2023-20 authorizing submittal of an application for a California Coastal Commission Local Coastal Program Planning Grant; and, approve and authorize execution of an amendment to a Professional Services Contract between the City and Michael Baker International, Inc. for a Comprehensive Local Coastal Program update
A) Adopt Resolution No. 2023-20, “A Resolution of the City Council of the City of Huntington Beach Authorizing Submittal of an Application for a California Coastal Commission LCP Planning Grant” (Attachment No. 1); and, Recommended Action:
AGENDA May 16, 2023City Council/Public Financing
Authority
B) Approve and authorize the Mayor and City Clerk to execute “Amendment No. 1 to Agreement between the City of Huntington Beach and Michael Baker International, Inc. for a Comprehensive Local Coastal Program Update” as prepared by the City Attorney (Attachment No. 2).
COMMUNITY AND LIBRARY SERVICES
23-40415. Approve the conceptual design for the Michael E. Rodgers memorial wall at the Senior Center in Central Park as recommended by the Community & Library Services Commission
Approve the recommendation by the Community & Library Services Commission to approve the conceptual design for the Michael E. Rodgers memorial wall located in the central hallway at the Senior Center in Central Park.
Recommended Action:
FINANCE DEPARTMENT
23-41316. Adopt Ordinance No. 4292 amending Huntington Beach Municipal Code Chapter 10.60 relating to On-Street Parking Meter Zones Approved for Introduction 5/02/2023 - Vote 5-2 (Strickland, Bolton-No) Adopt 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:
OFFICE OF THE CITY CLERK
23-41217. Approve and Adopt Minutes
Approve and adopt the City Council/Public Financing Authority regular meeting minutes of May 2, 2023.
Recommended Action:
PUBLIC WORKS DEPARTMENT
23-39418. Approve appropriation of funds for electrical system repairs at the Central Library
Authorize the appropriation of $585,805 in HB Recovery Funds to Infrastructure Fund Account 31440006.82800.
Recommended Action:
23-39519. Reject bids for the Traffic Signal Improvements at the intersection of
AGENDA May 16, 2023City Council/Public Financing
Authority
Warner Avenue and Ash Lane (CC-1670) and at the intersection of Main Street and Delaware Street (CC-1671)
Reject all bids for the Traffic Signal Improvements at the intersection of Warner Avenue and Ash Lane (CC-1670) and at the intersection of Main Street and Delaware Street (CC-1671).
Recommended Action:
POLICE DEPARTMENT
23-40720. Approve sole source purchases of three Shotover Augmented Reality Mapping Systems from Hangar One Avionics for the Huntington Beach Police Department Air Support Unit recently purchased helicopters
A) Approve Sole Source purchase of the Shotover Augmented Reality Mapping System from Hangar One Avionics; and,
B) Appropriate $433,000 in the Supplemental Law Enforcement Service Fund.
Recommended Action:
ORDINANCES FOR INTRODUCTION
23-40321. Approve for introduction Ordinance No. 4282 Amending Huntington Beach Municipal Code Chapter 9.20 relating to Public Nudity Approve for introduction Ordinance No.4282, “An Ordinance of the City of Huntington Beach amending Chapter 9.20 of the Huntington Beach Municipal Code relating to Public Nudity”.
Recommended Action:
COUNCILMEMBER ITEMS
23-43122. Submitted by Councilmember Burns - Board, Commission, Committee Status and Organizational Review
1. Request the City Council form an Ad Hoc Committee to review the purpose and structure of Citizen and Council Boards, Commissions, and Committees.
2. Recommend that the Mayor select three Council Members and the City Manager select two staff members to the Ad Hoc Council Committee to review the need and pertinence of standing boards, commissions, and committees.
3. Recommend that the Ad Hoc Committee return to Council in 90 days with a report on the status and recommendation to the City Council.
Recommended Action:
AGENDA May 16, 2023City Council/Public Financing
Authority
23-43223. Submitted by Councilmember McKeon - Fiscal and Operations Update on the City’s Middle Income Housing Program
Direct the City Manager and the Community Development Department to coordinate with Catalyst and CMFA to present a comprehensive report at a City Council Meeting in July or sooner of the Financial Impact section mentioned in the July 2021 City Council Action. The report should include, but not be limited to, the following important details:
· How many of the 649 housing units are occupied?
· How many have been remodeled as planned and at what cost? · How many of the units are leased to persons earning 80%-120% of the Area Median Income, as required?
· What are the average monthly rents?
· To fund the Middle Income Housing Program, the City has to forgo future property tax revenues for up to a 30 year period. How much in property tax did the City forego in 2022 and what is the estimated amount for 2023 and over the next 30 years? · What are the property management fees paid every year and to whom are they paid? · What are the annual maintenance and repair fees?
· How many of the retail shops on the first level of Elan are leased? Recommended Action:
23-43324. Submitted by Councilmember Moser - Invocation Policy Update Request the City Manager and City Attorney to present the following information at a City Council Meeting in June 2023:
1. An update on the Invocation Policy.
2. Considerations for amending Council’s direction on February 21 with a draft Resolution outlining a policy of providing a moment of silence (in lieu of an invocation).
Recommended Action:
ADJOURNMENT
The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Tuesday, June 6, 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