City Council/Public Financing Authority

AGENDA CITY COUNCIL/PUBLIC FINANCING AUTHORITY Monday, February 1, 2021 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 February 1, 2021 Authority 5:00 PM - COUNCIL CHAMBERS CALL TO ORDER ROLL CALL Peterson, Kalmick, Ortiz, Carr, Posey, Moser, Delgleize ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS ON CLOSED SESSION ITEMS (Received After Agenda Distribution) PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS (3 Minute Time Limit) - Anyone wishing to provide a comment on a Closed Session item may join Zoom Webinar ID 971 5413 0528 via computer device, or by calling (669) 900-6833 (see agenda cover sheet for request to speak instructions). Individuals will be prompted to speak when the Clerk announces their name or the last three digits of their phone number. Speakers are encouraged, but not required to identify themselves by name. Each speaker may have up to 3 minutes to speak; however, the time allowance may be reduced if warranted by the volume of speakers. RECESS TO CLOSED SESSION CLOSED SESSION ANNOUNCEMENT(S) 1. 21-104 Mayor Carr to announce: Pursuant to Government Code § 54957.6, the City Council takes this opportunity to publicly introduce and identify designated representatives: Oliver Chi, City Manager, and Travis Hopkins, Assistant City Manager, who will be participating in today's Closed Session discussions regarding labor negotiations with: Huntington Beach Municipal Teamsters (HBMT) and Management Employees’ Organization (MEO). CLOSED SESSION 2. 21-086 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION. Initiation of Litigation Pursuant to Paragraph (4) of Subdivision (d) of Section 54956.9: Number of cases, one (1) - Appeal of Southern California Association of Governments (SCAG) Final Regional Housing Needs Assessment (RHNA) Methodology for the Sixth Housing Element Cycle. 3. 21-087 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. Page 1 of 7 City Council/Public Financing AGENDA February 1, 2021 Authority (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Brewster (Terri Lynn) v. City of Huntington Beach; OCSC Case No. 30-2020-01160094. 4. 21-088 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Oliver Chi, City Manager and Travis Hopkins, Assistant City Manager. Employee Organizations: Huntington Beach Municipal Teamsters (HBMT) and Management Employees' Organization (MEO). 6:00 PM – COUNCIL CHAMBERS RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING 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. 21-103 Janet Ewell, Member of the Greater Huntington Beach Interfaith Council CLOSED SESSION REPORT BY CITY ATTORNEY AWARDS AND PRESENTATIONS 6. 21-090 Mayor Carr to recognize Black History Month throughout the month of February 2021 7. 21-091 Mayor Carr to present information about the City’s various Town Hall Series on topics including COVID-19, Community Choice Energy, and Homelessness ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS (3 Minute Time Limit) - At approximately 6:00 PM, individuals wishing to Page 2 of 7 City Council/Public Financing AGENDA February 1, 2021 Authority provide a comment on agendized or non-agendized items may join Zoom Webinar ID 971 5413 0528 via computer device, or by calling (669) 900-6833 (see agenda cover sheet for request to speak instructions). Individuals will be prompted to speak when the Clerk announces their name or the last three digits of their phone number. Public comments will only be heard during this portion of the agenda. Speakers are encouraged, but not required to identity themselves by name. Each speaker may have up to 3 minutes to speak; however, the time allowance may be reduced if warranted by the volume of speakers. To accommodate the amount of business provided on tonight’s agenda, speakers will be provided a 15-minute window to raise their hands. COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS, AB 1234 REPORTING, AND OPENNESS IN NEGOTIATIONS DISCLOSURES 8. 21-083 Approve Amendment to the 2021 Council Liaison List Recommended Action: Approve amendment to the 2021 Council Liaison List as presented by Mayor Carr. CITY MANAGER'S REPORT 9. 21-094 Update of the City COVID-19 Response Plan and Vaccination Update 10. 21-098 Downtown Outdoor Dinning Program Update CITY TREASURER'S REPORT 11. 21-051 Receive and File the City Treasurer's December 2020 Quarterly Investment Summary Report Recommended Action: Motion to receive and file the City Treasurer’s Quarterly Investment Report for December 2020, pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach . CONSENT CALENDAR 12. 21-042 Approve and Adopt Minutes Recommended Action: Approve and adopt the City Council/Public Financing Authority regular meeting minutes dated January 19, 2021 , as written and on file in the office of the City Clerk. 13. 21-063 Adopt Resolution No. 2021-08 approving the 2021 Investment Policy Recommended Action: Page 3 of 7 City Council/Public Financing AGENDA February 1, 2021 Authority Adopt Resolution No. 2021-08, “A Resolution of the City Council of the City of Huntington Beach Approving the Statement of Investment Policy 2021 .” 14. 21-101 Consider positions on Local, State and Federal Issues, as recommended by the City Council Intergovernmental Relations Committee (IRC) Recommended Action: A) Adopt Resolution No. 2021-11, “A Resolution Expressing Support for Actions that will Further Strengthen Local Governance and Authority Over Housing-Related Issues in Huntington Beach”; and/or B) Approve a letter of support for the Federal Communications Commission’s Emergency Broadband Benefit Program; and/or C) Approve a letter in opposition to oil and gas drilling off Southern California coast through the Bureau of Ocean Energy Management’s National Outer Continental Shelf Oil and Gas Leasing Program. 15. 21-099 Consider adoption of the 2021 City Council Work Plan Recommended Action: Adopt the 2021 City Council Work Plan. 16. 21-089 Approve the COVID-19 Small Business Micro Grant Program Recommended Action: Approve the COVID-19 Small Business Micro Grant Program. 17. 21-056 Approve Agreement for Professional Engineering and Environmental Consulting Services between the City of Huntington Beach and Moffatt & Nichol for the Davenport Bridge Project in Huntington Harbour Recommended Action: Approve and authorize the Mayor and City Clerk to execute the Agreement for Professional Engineering and Environmental Consulting Services between the City of Huntington Beach and Moffatt & Nichol in the amount of $487,314.70. 18. 21-061 Approve 3-Year Professional Services Contracts for As-Needed Environmental Engineering Services with Geosyntec Consultants, Inc., Environmental Engineering Contracting, Inc. (EEC Environmental), Huitt-Zollars, Inc., and CWE Page 4 of 7 City Council/Public Financing AGENDA February 1, 2021 Authority Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute a 3-year (with optional 1 year extension), not-to-exceed $600,000 Professional Services Contract between the City of Huntington Beach and Geosyntec Consultants, Inc. for As-Needed Environmental Engineering Services; and , B) Approve and authorize the Mayor and City Clerk to execute a 3-year (with optional 1 year extension), not-to-exceed $600,000 Professional Services Contract between the City of Huntington Beach and Environmental Engineering Contracting, Inc. for As-Needed Environmental Engineering Services; and, C) Approve and authorize the Mayor and City Clerk to execute a 3-year (with optional 1 year extension), not-to-exceed $600,000 Professional Services Contract between the City of Huntington Beach and Huitt-Zollars, Inc. for As-Needed Environmental Engineering Services; and, D) Approve and authorize the Mayor and City Clerk to execute a 3-year (with optional 1 year extension), not-to-exceed $600,000 Professional Services Contract between the City of Huntington Beach and CWE for As-Needed Environmental Engineering Services. 19. 21-073 Approve Final Tract Map No. 18068 and Subdivision Agreement for the Shorehouse Residential Subdivision by C3 DLG 414 Main Street, LLC at 414 - 424 Main Street Recommended Action: A) Approve Final Tract Map No. 18068 and accept the offer of easements pursuant to findings and requirements (Attachment No. 1); and , B) Approve and authorize the Mayor and City Clerk to execute the Subdivision Agreement by and between the City of Huntington Beach and C3 DLG 414 Main Street, LLC, Inc. (Attachment No. 6); and, C) Accept Faithful Performance Bond No. PB02497501239, Labor and Material Bond No. PB02497501239 and Monument Bond No. PB02497501240 as sureties for the installation of the subdivision’s required public improvements and survey monumentation (Attachment No. 7); and, D) Instruct the City Clerk to file the respective bonds with the City Treasurer and notify the Surety, Philadelphia Indemnity Insurance Company of this action. 20. 21-076 Adopt Ordinance No. 4225 (Zoning Map Amendment No. 17-001), and Page 5 of 7 City Council/Public Financing AGENDA February 1, 2021 Authority Ordinance No. 4226 (Development Agreement No. 19-001) - Magnolia Tank Farm Approved for introduction 1/19/2021 - Vote: 5-2 (Peterson, Carr - No) Recommended Action: A) Adopt Ordinance No. 4225, “An Ordinance of the City of Huntington Beach Amending the Huntington Beach Zoning and Subdivision Ordinance to Rezone the Real Property Generally Located on the Westside of Magnolia Street at Banning Avenue from PS-O-CZ (Public-Semipublic - Oil Production Overlay - Coastal Zone Overlay) to SP-18-CZ (Specific Plan - Coastal Zone Overlay)(Zoning Map Amendment No. 17-001);” and, B) Adopt Ordinance No. 4226, “An Ordinance of the City of Huntington Beach Adopting a Development Agreement By and Between the City of Huntington Beach and SLF-HB Magnolia, LLC (Developer)(Development Agreement No. 19-001) .” ADMINISTRATIVE ITEMS 21. 21-085 Consider Maintaining Membership with the Orange County Power Authority (OCPA), a Community Choice Energy (CCE) Joint Power Authority (JPA) Recommended Action: The City Council has the following options: A) Maintain membership in the Orange County Power Authority Community Choice Energy Joint Power Authority, OR B) Withdraw from the Orange County Power Authority, and direct staff to complete all requisite documents necessary to terminate our participation in the CCE JPA. COUNCILMEMBER ITEMS 22. 21-096 Submitted by Councilmember Moser - Consider directing staff to prepare a temporary ordinance that limits the fees paid by restaurants to third party delivery services during the COVID-19 pandemic Recommended Action: I recommend that the City Council direct staff to prepare a temporary ordinance that places a 15% cap on fees paid by restaurants and a 5% cap on non-delivery fees paid by customers until current COVID-19 restrictions on both indoor and outdoor dining are lifted. Page 6 of 7 City Council/Public Financing AGENDA February 1, 2021 Authority 23. 21-102 Submitted by Mayor Carr, Councilmember Posey, and Councilmember Kalmick - Consideration of a No Confidence Vote in Mayor Pro Tem Tito Ortiz, and Removing him from the Mayor Pro Tem Leadership Role Recommended Action: We recommend that the City Council vote to do the following: 1. Conduct a City Council vote of no confidence in Mr. Ortiz. 2. Remove Mr. Ortiz from his current leadership role as Mayor Pro Tem. 3. Identify an alternate member of the City Council to serve as Mayor Pro Tem for the remainder of this year. COUNCILMEMBER COMMENTS (Not Agendized) ADJOURNMENT The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Tuesday, February 16, 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