City Council/Public Financing Authority

AGENDA City Council/Public Financing Authority Tuesday, July 5, 2022 Council Chambers 2000 Main Street MAYOR AND CITY COUNCIL Huntington Beach, CA 92648 STAFF BARBARA DELGLEIZE, Mayor --or-- AL ZELINKA, City Manager MIKE POSEY, Mayor Pro Tem Virtual via Zoom Webinar MICHAEL E. GATES, City Attorney RHONDA BOLTON, Councilmember ROBIN ESTANISLAU, City Clerk KIM CARR, Councilmember ALISA BACKSTROM, City Treasurer DAN KALMICK, Councilmember NATALIE MOSER, Councilmember ERIK PETERSON, Councilmember 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 SupplementalComm@Surfcity-hb.org, or City.Council@surfcity-hb.org. 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. City Council/Public Financing AGENDA July 5, 2022 Authority 4:00 PM - COUNCIL CHAMBERS CALL TO ORDER ROLL CALL Peterson, Bolton, Posey, Delgleize, Carr, Moser, Kalmick ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS PERTAINING TO STUDY SESSION AND CLOSED SESSION ITEMS (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 item(s) scheduled for Closed Session may do so either in person by filling out a Request to Speak form delivered to the City Clerk, via computer through Zoom Webinar ID 971 5413 0528, or Zoom Webinar by phone by calling (669) 900-6833. Once the Mayor opens Public Comments, in-person participants will be called to speak first. Zoom Webinar participants wishing to speak will be provided a 15-minute window to select the “Raise Hand” feature in the Webinar Controls section. Attendees entering the Webinar and requesting to speak by phone can enter *9 to enable the “Raise Hand” feature, followed by the *6 prompt that unmutes their handheld device microphone. Individuals will be prompted to speak when the Clerk announces their name or the last three digits of their phone number. After a virtual speaker concludes their comment, their microphone will be muted. 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. STUDY SESSION 1. 22-579 Policy discussion concerning Cannabis Business Taxation and Regulation RECESS TO CLOSED SESSION CLOSED SESSION 2. 22-576 CONFERENCE WITH LEGAL COUNSEL - LITIGATION (Gov. Code section 54956.9(d)(4).): Number of Matters: One (1) - City of Long Beach et. al v. Monsanto Company et. al. Case No. 2:16-cv-03493-FMO-AS. 3. 22-588 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION. Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9: Number of cases, one (1). Page 1 of 8 City Council/Public Financing AGENDA July 5, 2022 Authority 4. 22-596 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: City of Huntington Beach v. State of California, et al.; Court of Appeal Case No.: G061184. 6:00 PM – COUNCIL CHAMBERS RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING ROLL CALL Peterson, Bolton, Posey, Delgleize, Carr, Moser, Kalmick 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. 22-512 Maha Ragab of the Muslim Community, HB and member of the Greater Huntington Beach Interfaith Council CLOSED SESSION REPORT BY CITY ATTORNEY AWARDS AND PRESENTATIONS 6. 22-563 Mayor Delgleize to present a commendation to Congresswoman Michelle Steel for championing support and funding to replenish and preserve our beautiful coastline with her Surfside-Sunset replenishment project 7. 22-585 Mayor Delgleize to call on Victoria Alberty for the Adoptable Pet of the Month 8. 22-578 Mayor Delgleize to call on Chief Parra to present a certificate of appreciation to Alexis Taylor, for her fundraising efforts which enabled her to provide engraved ‘thin blue line’ dog tags to all HBPD employees, in honor of Officer Nicholas Vella 9. 22-547 Mayor Delgleize to call on resident Matt Liffreing to recognize him for his 40-year videography career covering the City through videos Page 2 of 8 City Council/Public Financing AGENDA July 5, 2022 Authority and photographs. 10. 22-575 Mayor Delgleize to proclaim July as “Parks Make Life Better Month” and present proclamation to Community & Library Services Director Chris Slama. 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 do so either in person by filling out a Request to Speak form delivered to the City Clerk, via computer through Zoom Webinar ID 971 5413 0528, or Zoom Webinar by phone by calling (669) 900-6833. Once the Mayor opens Public Comments, in-person participants will be called to speak first. Zoom Webinar participants wishing to speak will be provided a 15-minute window to select the “Raise Hand” feature in the Webinar Controls section. Attendees entering the Webinar and requesting to speak by phone can enter *9 to enable the “Raise Hand” feature, followed by the *6 prompt that unmutes their handheld device microphone. Individuals will be prompted to speak when the Clerk announces their name or the last three digits of their phone number. After a virtual speaker concludes their comment, their microphone will be muted but they may remain in Webinar attendance for the duration of the meeting. 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. While the City Council welcomes public involvement and free speech, it rejects comments from anyone that are discriminatory, defamatory or otherwise not protected 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 - APPOINTMENTS - LIAISON REPORTS, AB 1234 REPORTING, AND OPENNESS IN NEGOTIATIONS DISCLOSURES CITY MANAGER'S REPORT 11. 22-506 Update of the Coyote Management Plan - 2022 CONSENT CALENDAR 12. 22-549 Approve and Adopt Minutes Recommended Action: A) Approve and adopt the City Council/Public Financing Authority special meeting minutes dated June 14, 2022; and, B) Approve and adopt the City Council/Public Financing Authority regular meeting Page 3 of 8 City Council/Public Financing AGENDA July 5, 2022 Authority minutes dated June 21, 2022 . 13. 22-577 Adopt Resolution No. 2022-38 Reciting the Fact of the Primary Municipal Election of June 7, 2022, and Declaring Result Recommended Action: Adopt Resolution No. 2022-38, “A Resolution of the City Council of the City of Huntington Beach, California, Reciting the Fact of the Primary Municipal Election held on June 7, 2022, Declaring the Result and Such Other Matters as Provided by Law.” 14. 22-552 Consider a sole source purchase in the amount of $1,200,006.95 for two Surf Pro Rescue Boards from Willard Marine Recommended Action: Approve sole source purchase of two Surf Pro Rescue Boats from Willard Marine . 15. 22-555 Authorize execution of a Multi-Year Contract with Yunex Traffic for Streetlight Maintenance Services Recommended Action: Authorize the execution of “Service Agreement Between the City of Huntington Beach and Yunex Traffic for Streetlight Maintenance Services,” a multi-year contract for streetlight maintenance services . 16. 22-562 Approve and authorize execution of amendments to Professional Services Contracts with Goal Productions, Marketworks Video, and Creator Up for On-Call Video Production Services for HBTV Channel 3 to extend the terms by one additional year Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute, “Amendment No. 4 to Professional Services Contract Between the City of Huntington Beach and Goal Productions, Inc. for On-Call Video Production Services”; and/or B) Approve and authorize the Mayor and City Clerk to execute, “Amendment No. 2 to Professional Services Contract Between the City of Huntington Beach and Marketworks Video for On-Call Video Production Services” for SurfCity Highlights programming; and/or C) Approve and authorize the Mayor and City Clerk to execute, “Amendment No. 3 to Professional Services Contract Between the City of Huntington Beach and Marketworks Video for On-Call Video Production Services”; and/or D) Approve and authorize the City Manager and City Clerk to execute “Amendment No. 2 to Professional Services Contract Between the City of Huntington Beach and Creator Up, Inc. for On-Call Video Production Services.” Page 4 of 8 City Council/Public Financing AGENDA July 5, 2022 Authority 17. 22-593 Accept the Legal Issues ad hoc subcommittee recommendation to waive Attorney-Client Privilege for limited privileged information in the confidential report prepared by Richards Watson Gershon pertaining to the City Council direction to conduct a review into the City’s overall handling of the case, Neal Moore and Scott Field v. Michael Gates v. the City of Huntington Beach, et al. Recommended Action: A) Receive and File this Request for City Council Action; and B) Waive Attorney-Client Privilege for limited privileged information in the RWG report and subsequently release it to the public. 18. 22-566 Adopt Ordinance No. 4259 approving Zoning Text Amendment (ZTA) No. 22-002 establishing regulations for SB 9 development projects Approved for Introduction June 21, 2022 (Vote: 6-0-1 Peterson-Absent) Recommended Action: Approve Zoning Text Amendment No. 22-002 with findings and adopt Ordinance No. 4259, “An Ordinance of the City Council of the City of Huntington Beach Establishing Objective Standards for Urban Lot Splits and Housing Units Built in Accordance with Senate Bill 9, and Making a Finding of Exemption Under CEQA.” (Attachment No.2) 19. 22-569 Adopt Ordinance No. 4256 approving Zoning Text Amendment (ZTA) No. 20-003 (Holly Triangle Townhomes - 19070 Holly Lane) Approved for Introduction June 21, 2022 (Vote: 6-0-1 Peterson-Absent) Recommended Action: Approve Zone Text Amendment No. 20-003 and adopt Ordinance No. 4256, “An Ordinance of the City of Huntington Beach Amending the Holly-Seacliff Specific Plan to Rezone the Real Property Located at 19070 Holly Lane from Commercial (C) to Residential Medium Density (RM) (Zoning Text Amendment No. 20-003)” (Attachment No. 4). 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 Page 5 of 8 City Council/Public Financing AGENDA July 5, 2022 Authority 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 either in person by filling out a Request to Speak form delivered to the City Clerk, via computer through Zoom Webinar ID 971 5413 0528, or Zoom Webinar by phone by calling (669) 900-6833. Once the Mayor opens Public Comments, in-person participants will be called to speak first. Zoom Webinar participants wishing to speak will be provided a 15-minute window to select the “Raise Hand” feature in the Webinar Controls section. Attendees entering the Webinar and requesting to speak by phone can enter *9 to enable the “Raise Hand” feature, followed by the *6 prompt that unmutes their handheld device microphone. Individuals will be prompted to speak when the Clerk announces their name or the last three digits of their phone number. After a virtual speaker concludes their comment, their microphone will be muted but they may remain in Webinar attendance for the duration of the meeting. 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. 20. 22-473 Continue Public Hearing Opened June 7, 2022 to Consider the Appeal of Planning Commission Denial of Entitlement Plan Amendment No. 22-003 (7-11 Gas Station and Convenience Store) Recommended Action: A) Find the proposed project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (General Rule) of the CEQA Guidelines; and B) Approve Entitlement Plan Amendment No. 22-003 with findings by modifying Condition of Approval No. 6(b) to require the payment of in-lieu fee instead of undergrounding existing overhead utilities (Attachment No. 1). ADMINISTRATIVE ITEMS 21. 22-565 Consider placing cannabis business taxation and regulation measures for voter approval on the November 8, 2022 General Municipal Election ballot; Request for City Council direction on regulatory framework and proposed ordinances on commercial cannabis activities Recommended Action: A) Direct staff to prepare and return to the City Council for adoption a resolution placing a City-sponsored measure on the November 8, 2022 General Election ballot, asking voters if the City should allow and regulate a limited number of cannabis retailers and non-retailers for medical and recreational to operate in areas zoned for cannabis commercial activity within Huntington Beach; and , Page 6 of 8 City Council/Public Financing AGENDA July 5, 2022 Authority B) Direct staff to prepare and return to the City Council regulatory and zoning ordinances regarding commercial business activities for City Council adoption and the City’s Commercial Cannabis Regulations to be adopted by City Council resolution; and , C) Direct staff to prepare and return to the City Council for adoption a resolution placing a City-sponsored cannabis general tax measure, at the same rates as presented to voters on June 7, 2022 on the November 8, 2022 General Election ballot as a General Tax. 22. 22-572 Consider the Submission of Four Charter Amendment Measures for Voter Approval at the November 8, 2022 General Municipal Election, and the adoption of Resolution Nos. 2022-39, 2022-40, 2022-41 and 2011-42. Recommended Action: A) Consider four proposed Charter amendment ballot measures, ballot language and exhibits for placement on the November 8, 2022 General Municipal Election ballot for voter approval; and B) Adopt Resolution No. 2022-39, “A Resolution of the City Council of the City of Huntington Beach, California, Requesting the Board of Supervisors of the County of Orange to Consolidate a General Municipal Election to be Held on November 8, 2022, with the Statewide General Election to be Held on the Date Pursuant to § 10403 of the Elections Code”; and C) Adopt Resolution No. 2022-40, “A Resolution of the City Council of the City of Huntington Beach, California, Calling for the Holding of a General Municipal Election to be Held on Tuesday, November 8, 2022 (1) for the Election of Certain Officers as Required by the Provisions of the Laws of the State of California Relating to Charter Cities and (2) for the Submission to the Voters Questions Relating to City Charter Amendments”; and D) Adopt Resolution No. 2022-41, “A Resolution of the City Council of the City of Huntington Beach, California, Setting Priorities for Filing Written Arguments Regarding City Measures and Impartial Analyses”; and E) Adopt Resolution No. 2022-42, “A Resolution of the City Council of the City of Huntington Beach, California, Providing for the Filing of Rebuttal Arguments for City Measures Submitted at Municipal Elections.” COUNCILMEMBER COMMENTS (Not Agendized) ADJOURNMENT The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Tuesday, July 19, 2022, 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 8 City Council/Public Financing AGENDA July 5, 2022 Authority Page 8 of 8