IN-PERSON PUBLIC PARTICIPATION: Members of the public are welcome to attend City Council meetings in person. Alternate ways to view meetings live or on -demand include: livestreamed on HBTV Channel 3 (replayed on Wednesday at 10:00 a.m. and Thursday at 6:00 p.m.); live and archived meetings for on-demand viewing accessed from https://huntingtonbeach.legistar.com/calendar , https://bit.ly/SurfCityTV, or the City's YouTube Channel at https://www.youtube.com/cityofhb, 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 in the City Council Chambers by completing a Request to Speak form delivered to the City Clerk.
SUPPLEMENTAL COMMUNICATION : 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 to the Council via email at [email protected]. Supplemental Communications are public record, and if received by 9:00 AM 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 after the 9:00 AM deadline will be incorporated into the administrative record. Members of the public are also welcome to communicate with the City Council (and staff supporting Council) at [email protected].
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, July 18, 2023
Special Meeting of the Housing Authority
Council Chambers
2000 Main Street
Huntington Beach, CA 92648MAYOR 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 July 18, 2023City Council/Public Financing
Authority
5:00 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 (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
23-6091. 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.
23-6322. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). City of Huntington Beach v. State of California; OCSC Case No.
30-2019-01044945.
6:00 PM – COUNCIL CHAMBERS
AGENDA July 18, 2023City Council/Public Financing
Authority
RECONVENE THE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING AND CALL TO
ORDER A SPECIAL MEETING OF THE HOUSING AUTHORITY
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.
23-5173. Huntington Beach Fire and Police 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 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.
AGENDA July 18, 2023City Council/Public Financing
Authority
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
23-6284. One Stop Shop Update
CONSENT CALENDAR
CITY CLERK
23-5165. Approve and Adopt Minutes
A) Approve and adopt the City Council/Public Financing Authority regular meeting minutes of June 20, 2023; and,
B) Approve and adopt the City Council/Public Financing Authority adjourned regular meeting minutes of June 26, 2023
Recommended Action:
CITY MANAGER
23-6266. Approval of Comments by the Jet Noise Commission to the Federal Aviation Administration
Approve the comment letter, and direct staff to submit the letter to the FAA.
Recommended Action:
23-5597. 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 (Ward) Change of Gender and Sex Identifier B) OPPOSE AB 957 (Ward) Family Law: Gender Identity
C) OPPOSE SB 58 (Wiener) Controlled Substances: Decriminalization of Certain Recommended Action:
AGENDA July 18, 2023City Council/Public Financing
Authority
Hallucinogenic Substances
D) OPPOSE SB 253 (Wiener) Climate Corporate Data Accountability Act E) OPPOSE SB 770 (Wiener/McGuire) Health Care: Unified Health Care Financing F) OPPOSE AB 1287 (Alvarez) Density Bonus Law
G) OPPOSE SB 7 (Blakespear) The Homeless Housing Obligation Act H) OPPOSE SB 555 (Wahab) Stable Affordable Housing Act of 2023 I) OPPOSE SB 584 (Limon/Caballero) Laborforce housing: Short-Term Rental Tax Law J) OPPOSE SB 50 (Bradford) Vehicles: Enforcement
K) OPPOSE SB 838 (Menjivar) Victim Compensation: Use of Force by a Law Enforcement Officer
L) OPPOSE Assembly Constitutional Amendment (ACA) 4- Eligibility to Vote 23-5878. Consideration of the Environmental Sustainability Board’s Recommendation to Participate in the Surfrider Foundation’s Ocean Friendly Communities Pilot Program
Approve participation in the Surfrider Foundation’s Ocean Friendly Communities Pilot Program.
Recommended Action:
COMMUNITY AND LIBRARY SERVICES
23-5049. Approve the design and installation of a chronological plaque depicting the restoration milestone efforts of community volunteers at Norma Brandel Gibbs Park as recommended by the Community & Library Service Commission.
Approve the recommendation by the Community & Library Services Commission for the design and installation of a plaque honoring volunteer efforts of the restoration and beautification of Norma Brandel Gibbs Park on a pylon at the western entrance of the park.
Recommended Action:
23-59710. Approve five-year License Agreement with Southern California Edison for Edison Community Park
Approve the License Agreement with Southern California Edison for the use of 8.06 acres of property known as Edison Community Park (Contract 9.2193), and authorize the Mayor and City Clerk to execute any and all documents necessary to complete this transaction.
Recommended Action:
HUMAN RESOURCES
23-60611. Appointment of Sunny Han as Chief Financial Officer and Approval of the Employment Agreement
Recommended Action:
AGENDA July 18, 2023City Council/Public Financing
Authority
Approve and authorize the City Manager to execute the “Employment Agreement between the City of Huntington Beach and Sunny Han” for the position of Chief Financial Officer.
PUBLIC WORKS
23-45612. Accept the lowest responsive and responsible bid, and authorize execution of a construction contract with R.J. Noble in the amount of $4,137,704.00 for the Banning Avenue Street Improvements, CC-1711.
A) Accept the lowest responsive and responsible bid submitted by RJ Noble in the amount of $4,137,704.00 (Base Bid + Additive Alternative D); and B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney.
Recommended Action:
23-49613. Approve and authorize the execution of Amendment No. 1 to the Professional Services Contract between City of Huntington Beach and HF&H Consultants, LLC for negotiation services for SB 1383 compliance to increase the contract amount by $40,000 for a total not to exceed $115,000
Approve and authorize the Mayor and City Clerk to execute “Amendment No. 1 to Professional Services Contract Between City of Huntington Beach and HF&H Consultants, LLC for Negotiation Services for SB 1383 Compliance.”
Recommended Action:
23-50614. Adopt Resolution No. 2023-30 authorizing the application for grant funds from the State Department of Parks and Recreation through the Habitat Conservation Fund Program
Adopt Resolution 2023-30, “A Resolution of the City Council of the City of Huntington Beach Approving the Application for Grant Funds from the Habitat Conservation Fund Program.”
Recommended Action:
23-57715. Accept the lowest responsive and responsible bid and authorize execution of a construction contract with Premo Construction in the amount of $364,095 for the Well 9 Roof Replacement Project, CC1687.
A) Accept the lowest responsive and responsible bid submitted by Premo Construction, Inc. in the amount of $364,095;
Recommended Action:
AGENDA July 18, 2023City Council/Public Financing
Authority
B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney; and
C) Appropriate $97,300 from the Water Fund to account 50691043.82100. 23-58216. Accept the lowest responsive and responsible bid and authorize execution of a construction contract with Fleming Environmental Inc. in the amount of $1,093,371.00 for the Civic Center Underground Storage Tank (UST) Replacement Project, CC-1651.
A) Accept the lowest responsive and responsible bid submitted by Fleming Environmental Inc. in the amount of $1,093,371.00.
B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney.
Recommended Action:
PUBLIC HEARING
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. 23-58517. Appeal of the Planning Commission’s action that upheld the Zoning Administrator’s approval of Conditional Use Permit No. 23-006 (Huntington Beach Community Church Wireless Communication Facility)
A) Find the proposed project exempt from the California Environmental Quality Act pursuant to Section 15303 of the CEQA Guidelines; and
B) Approve Conditional Use Permit No. 23-006 with findings and conditions of approval (Attachment No. 1)
Recommended Action:
AGENDA July 18, 2023City Council/Public Financing
Authority
ADMINISTRATIVE ITEMS
23-60718. Resolution No. 2023-34 approving a Side Letter between the City of Huntington Beach and the City of Huntington Beach Management Employees’ Organization (MEO)
Approve Resolution No. 2023-34, “A Resolution of the City Council of the City of Huntington Beach Amending the Memorandum of Understanding Between the City and the Huntington Beach Management Employees’ Organization (MEO) by Adopting the Side Letter of Agreement” and authorizing the Side Letter between the City of Huntington Beach and the Huntington Beach MEO retroactive to FY 2015-16.
Recommended Action:
23-58019. Future Development of 17642 Beach Blvd.
A) Receive and file this report; and
B) Provide direction to staff regarding future use of the Site.
Recommended Action:
23-58420. Middle-Income Housing Program Update
Receive and file.
Recommended Action:
COUNCILMEMBER ITEMS
23-62221. Submitted by Councilmember Bolton - Employee Recruitment and Retention Efforts
Request the City Manager and Human Resources Departments, with advice from the City Attorney’s Office, to present the following information at the October 3, 2023 Study Session (or) Council Briefings/Memos:
1. An analysis of fiscal, legal, and operational impacts (both costs and benefits) of employee recruitment/retention benefits and other sign-on incentives; and
2. Recommended approach and options (if any) to achieving the goal, including the operational steps and timeline, staffing and fiscal resources, and community engagement required.
Recommended Action:
23-63322. Submitted by Mayor Pro Tem Van Der Mark and Councilmember McKeon - Proposed Charter Amendment - City of Huntington Beach Real Property - Property Tax
AGENDA July 18, 2023City Council/Public Financing
Authority
1. Consider proposing an amendment to the City Charter that would restrict City Councils from engaging in real property transactions that would require the City of Huntington Beach to forgo regularly collected property taxes on investment property, unless those purchases are approved by the voters of the City of Huntington Beach. Exceptions to this rule would/may include real property transactions that are important for acquisition of private property for infrastructure. Request the Charter Review Ad Hoc Committee propose parameters, language, and timing of the Charter amendment measure for Council consideration.
2. Direct the City Manager to come back with a system for the City to have a Real Property Leasing, Purchasing, and Disposition Policy and a centralized Real Property function.
Recommended Action:
ADJOURNMENT
The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Tuesday, August 1, 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