City Council/Public Financing Authority

AGENDA CITY COUNCIL/PUBLIC FINANCING AUTHORITY Monday, December 21, 2020 Council Chambers 2000 Main Street Huntington Beach, CA 92648 Regular Meeting - 6:00 PM MAYOR AND CITY COUNCIL KIM CARR, Mayor TITO ORTIZ, Mayor Pro Tem BARBARA DELGLEIZE, Councilmember DAN KALMICK, Councilmember NATALIE MOSER, Councilmember ERIK PETERSON, Councilmember MIKE POSEY, Councilmember STAFF OLIVER CHI, City Manager MICHAEL E. GATES, City Attorney ROBIN ESTANISLAU, City Clerk ALISA BACKSTROM, City Treasurer 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, or request assistance from the staff or Sergeant-at-Arms at the meeting. PUBLIC COMMENTS: To address the legislative body on items of interest not scheduled for public hearing, Request to Speak forms will be made available at the meeting and are collected by the staff or Sergeant at Arms. Some legislative bodies may provide different Request to Speak forms for public hearing items. AUDIO/VIDEO ACCESS TO BROADCASTED MEETINGS: City Council and Planning Commission meetings are televised live on HBTV-3 Channel 3, and can be viewed via live or archived website at https://huntingtonbeach.legistar.com. City Council/Public Financing AGENDA December 21, 2020 Authority 4:00 PM - COUNCIL CHAMBERS CALL TO ORDER ROLL CALL Peterson, Kalmick, Ortiz, Carr, Posey, Moser, Delgleize ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS PERTAINING TO STUDY SESSION / CLOSED SESSION ITEMS (3 Minute Time Limit) - At approximately 4:00 PM, individuals wishing to provide a comment on Study Session and Closed Session items may join the Zoom Webinar by entering Webinar ID 971 5413 0528, or join by phone by calling (669) 900-6833. Individuals that enter the meeting will be placed in a holding queue and prompted to speak when the Clerk announces your name or the last three digits of your phone number. The holding queue will remain open for approximately 15 minutes, and speakers are encouraged, but not required to identify themselves by name. Each speaker may have up to 3 minutes to speak, but the Mayor, at her discretion, may reduce the time allowance if warranted by the volume of speakers. STUDY SESSION 1. 20-2104 Short Term Rental Study Session RECESS TO CLOSED SESSION CLOSED SESSION 2. 20-2097 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Moore (Neal), et al. v. City of Huntington Beach, et al.; OCSC Case No. 30-2019-01071686. 3. 20-2103 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Jeffrey (Terrence) v. City of Huntington Beach, et al.; OCSC Case No.: 30-2020-01165156. 4. 20-2105 CONFERENCE WITH LEGAL COUNSEL-LITIGATION (Gov. Code section 54956.9(d)(4).): Confer with the City Attorney regarding a request by Orange County Sheriff Don Barnes to provide amicus Page 1 of 7 City Council/Public Financing AGENDA December 21, 2020 Authority support to the Sheriff's Appeal of State Court Order ordering early release of prisoners. 6:00 PM – COUNCIL CHAMBERS RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING, AND CALL TO ORDER SPECIAL MEETINGS OF THE HOUSING AUTHORITY, PARKING AUTHORITY AND SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF HUNTINGTON BEACH ROLL CALL Peterson, Kalmick, Ortiz, Carr, Posey, Moser, Delgleize 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. 5. 20-1917 Scott Wilson of St. Mary’s by the Sea and member of the Greater Huntington Beach Interfaith Community CLOSED SESSION REPORT BY CITY ATTORNEY AWARDS AND PRESENTATIONS 6. 20-2051 Mayor Carr to present commendations to Miss Huntington Beach 2021 Mara James and her court 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 join the Zoom Webinar by entering Webinar ID 971 5413 0528, or join by phone by calling (669) 900-6833. Individuals that enter the meeting will be placed in a holding queue and prompted to speak when the Clerk announces your name or the last three digits of your phone number. The holding queue will remain open for approximately 15 minutes, and speakers are encouraged, but not required to identify themselves by name. Each speaker may have up to 3 minutes to speak, but the Mayor, at her discretion, may reduce the time allowance if warranted by the volume of speakers. COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS, AB 1234 REPORTING, AND OPENNESS IN NEGOTIATIONS DISCLOSURES Page 2 of 7 City Council/Public Financing AGENDA December 21, 2020 Authority 7. 20-2087 Approve Mayor Carr’s 2021 Council Liaison List Recommended Action: As recommended by the City Council, Public Financing Authority, Housing Authority, Parking Authority, and Successor Agency: Approve the 2021 Council Liaison List that includes appointments to citizen boards, commissions, committees, and task forces as presented by Mayor Carr. (The City Clerk certifies that FPPC Form 806 “Agency Report of Public Official Appointments” which is used to report additional compensation that officials receive when appointing themselves to positions on committees, boards or commissions of a public agency, special district and joint powers agency or authority was posted to the City’s website according to law prior to this vote.) CITY MANAGER'S REPORT 8. 20-2100 Ascon Landfill Site Update 9. 20-2101 Update of the City COVID-19 Response Plan and Actions for Review and Discussion CONSENT CALENDAR 10. 20-2074 Approve and Adopt Minutes Recommended Action: A) Approve and adopt the City Council/Public Financing Authority regular meeting minutes dated December 7, 2020 , as written and on file in the office of the City Clerk; and, B) Approve and adopt the City Council/Public Financing Authority special meeting minutes dated December 10, 2020 , as written and on file in the office of the City Clerk . 11. 20-1957 Receive and file the Maddy Act Local Appointments List - 2021 (terms on City boards, commissions, and committees that expire in 2021) informing the public of openings and vacancies based on 2021 expiration of current members’ terms Recommended Action: Receive and file the Maddy Act Local Appointments List - 2021 showing vacancies that will occur on City boards, commissions, and committees in the year 2021, and direct the City Clerk to post the list at official posting locations (Civic Center, Huntington Central Library, and Main Street Library). Copies of the Maddy Act Local Appointments List - 2021 will also be posted at all branch libraries and on the City’s website. Page 3 of 7 City Council/Public Financing AGENDA December 21, 2020 Authority 12. 20-2020 Adopt Resolution No. 2020-65 approving submittal of a grant funding application for a traffic signal and signal coordination improvement project on Bolsa Avenue to the Orange County Transportation Authority (OCTA) under the competitive Measure M2 Regional Traffic Signal Synchronization Program (RTSSP) Recommended Action: Adopt Resolution No. 2020-65 , “A Resolution of the City Council of the City of Huntington Beach Approving the Submittal of an Improvement Project to the Orange County Transportation Authority for Funding Under the Competitive Measure M2 Regional Traffic Signal Synchronization Program.” 13. 20-1983 Adopt Resolution No. 2020-84 authorizing cancellation of the City Council/Public Financing Authority regular meeting of January 4, 2021; and, direct the City Clerk to provide notice of such cancellation Recommended Action: Adopt Resolution No. 2020-84, “A Resolution of the City Council of the City of Huntington Beach Declaring the Cancellation of the City Council and Public Financing Authority Regular Meeting of January 4, 2021; and Directing the City Clerk to Provide Notice of Such Cancellation.” 14. 20-2078 Adopt Resolution No. 2020-85 to accept and approve the Development Impact Fee (DIF) Report for Fiscal Year 2019-20 and to make findings as required by Government Code Sections 66006 and 66001 Recommended Action: Accept and approve the Development Impact Fee Report for Fiscal Year Ending June 30, 2020, and Adopt Resolution No. 2020-85 , ”A Resolution of the City Council of the City of Huntington Beach to Accept and Approve the Development Impact Fee Report for Fiscal Year Ending June 30, 2020 and to Make Findings as Required by Government Code Sections 66006(b) and 66001(d).” 15. 20-2102 Adopt Resolution No. 2020-88 delegating authority to a hearing officer to determine all questions raised on appeals filed by any person aggrieved by any decision of the Finance Director regarding revocation or suspension of a business license Recommended Action: Adopt Resolution No. 2020-88, “A Resolution of the City Council of the City of Huntington Beach Delegating Authority to a Hearing Officer to Determine Appeals of the Finance Page 4 of 7 City Council/Public Financing AGENDA December 21, 2020 Authority Director Regarding Revocation or Suspension of a Business License.” 16. 20-2099 Adopt Resolution No. 2020-89 modifying the pay schedule for part-time, non-permanent and non-classified employees to comport with the State minimum wage increase effective January 1, 2021 Recommended Action: Adopt Resolution No. 2020-89, "A Resolution of the City Council of the City of Huntington Beach Approving the Pay Schedule for Part-Time Non-Permanent and Non-Classified Employees Effective January 1, 2021 ," including Exhibit A, updated Pay Schedule. 17. 20-2106 Adopt Resolution No. 2020-90 appointing the Design Review Board to also serve as the Huntington Beach Building Appeals Board to hear and decide appeals of orders, decisions, and determinations made by the Building Official relative to the application and interpretation of Title 17 of the Huntington Beach Municipal Code Recommended Action: Adopt Resolution No. 2020-90, “A Resolution of the City Council of the City of Huntington Beach Appointing the Design Review Board to Also Serve as the Huntington Beach Building Appeals Board to Hear and Decide Appeals of Orders, Decisions, and Determinations Made by the Building Official Relative to the Application and Interpretation of Title 17 of the Huntington Beach Municipal Code.” 18. 20-2076 Approve and authorize the execution of an agreement with the Municipal Water District of Orange County (MWDOC) for sharing consultant costs for the preparation of the 2020 Urban Water Management Plan (UWMP) Recommended Action: Approve and authorize the Mayor and City Clerk to execute “Agreement for Sharing Consultant Costs For 2020 Urban Water Management Plans” with the Municipal Water District of Orange County. 19. 20-2095 Adopt Ordinance No. 4227 regarding consideration of joining the Orange County Power Authority (OCPA), a Community Choice Energy (CCE) Joint Powers Authority (JPA) Approved for introduction December 10, 2020 - Vote 5-0-2 (Peterson, Ortiz absent) Recommended Action: Adopt Ordinance No. 4227, “An Ordinance of the City Council of the City of Huntington Beach Authorizing the Implementation of a Community Choice Aggregation Program.” Page 5 of 7 City Council/Public Financing AGENDA December 21, 2020 Authority ADMINISTRATIVE ITEMS 20. 20-2090 Consider an extension of the Temporary Closure of the Second and Third Blocks of Main Street to Vehicular Traffic through next Labor Day (September 6, 2021) Recommended Action: Authorize the City Manager to continue the temporary closure of the second and third blocks of Main Street to vehicular traffic to accommodate outdoor dining and retail in the public right-of-way until September 6, 2021. ORDINANCES FOR INTRODUCTION 21. 20-2054 Continued from November 16, 2020 to Approve for Introduction Ordinance No. 4224 amending the Huntington Beach Municipal Code by adding Chapter 5.120 (Short-Term Rentals) Recommended Action: Approve for introduction Ordinance No. 4224, “An Ordinance of the City Council of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Adding Chapter 5.120, Regulating Short-Term Rentals” (Attachment 1). COUNCILMEMBER ITEMS 22. 20-2110 Submitted by Councilmember Posey - Consider approval of a Resolution stipulating the City Council’s support of Local Governance and Authority related to Housing Issues Recommended Action: I recommend that the City Council approve the attached draft resolution. 23. 20-2109 Submitted by Councilmember Posey - Consider Supporting the Orange County Sheriff’s Department in the Pending Appeal of Campbell Et. All v. Barnes Recommended Action: I recommend that the City Council affirm the City’s support of the appeal being filed by the Sheriff’s Department in the Campbell case, and direct that the City Attorney file an amicus brief in support of the position taken by the Sheriff’s Department. 24. 20-2107 Submitted by Councilmember Kalmick - Beach Edinger Corridor Specific Plan (BECSP) - Conditional Use Permit (CUP) Review Page 6 of 7 City Council/Public Financing AGENDA December 21, 2020 Authority Process for Alcohol Permits Recommended Action: I recommend that the City Council direct staff to draft the necessary amendments to adjust Section 2.2.1 (1)(d) of the BECSP to lower the level of review from the Planning Commission to the Zoning Administrator for all CUPs for alcohol service, and that staff concurrently clarify the entitlement process for retail markets as it relates to alcohol sales CUPs. 25. 20-2108 Submitted by Councilmember Kalmick - Beach Edinger Corridor and Bella Terra Specific Plans - Review of prohibition on “Late Night Happy Hours” Recommended Action: I recommend that the City Council direct staff to do the following: A) Conduct a full review of the prohibition on “late-night happy hours” in the BECSP and Bella Terra Specific Plan areas. B) If that review finds no concerns, staff should move forward with facilitating the removal of the prohibition on “late-night happy hours” for interested and impacted restaurants within the BECSP and Bella Terra Specific Plan areas. COUNCILMEMBER COMMENTS (Not Agendized) ADJOURNMENT A Strategic Planning Session has been scheduled for 9:00 AM, Tuesday, January 5, 2021 at Huntington Beach Central Library, Talbert Room, 7111 Talbert Avenue, Huntington Beach, California The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Monday, January 19, 2021, 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 Page 7 of 7