City Council/Public Financing Authority

AGENDA City Council/Public Financing Authority Tuesday, May 21, 2024 4:00 PM Study Session 5:00 PM Closed Session 6:00 PM Regular Meeting MAYOR AND CITY COUNCIL Council Chambers STAFF GRACEY VAN DER MARK, Mayor ERIC G. PARRA, Interim City Manager 2000 Main Street PAT BURNS, Mayor Pro Tem MICHAEL E. GATES, City Attorney RHONDA BOLTON, Councilmember Huntington Beach, CA 92648 ROBIN ESTANISLAU, City Clerk DAN KALMICK, Councilmember ALISA BACKSTROM, City Treasurer CASEY McKEON, Councilmember NATALIE MOSER, Councilmember TONY STRICKLAND, Councilmember 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. PRESENTATION MATERIAL: Presentations/AV materials shall be submitted to staff no later than 9AM the day of the meeting to PublicPresentations@huntingtonbeachca.gov. Members of the audience and speakers shall not wear or display signs that obstruct the view of other audience members. Signs shall remain with the holder and shall not be placed in adjacent seats or in common areas. 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. Sign-ups to Request to Speak will begin in person 30 minutes prior to the start of Study Session, Closed Session, or Regular City Council Meeting, whichever comes first. Sign-ups will be accepted until the commencement of the public comment period. 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 SupplementalComm@Surfcity-hb.org. 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 City.Council@surfcity-hb.org. 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 May 21, 2024 Authority 4:00 PM - COUNCIL CHAMBERS CALL TO ORDER ROLL CALL Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, Kalmick CITY COUNCIL MEMBER 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 CLOSED SESSION/STUDY SESSION ITEMS (Received After Agenda Distribution) PUBLIC COMMENTS PERTAINING TO CLOSED SESSION/STUDY SESSION ITEMS (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 city.council@surfcity-hb.org. STUDY SESSION 1. 24-349 Proposed FY 2024/25 Budget Review RECESS TO CLOSED SESSION 2. 24-396 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Pacific Airshow, LLC v. City of Huntington Beach and Kim Carr; OCSC Case No. 30-2022-01287749. 3. 24-402 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). People of the Page 1 of 7 City Council/Public Financing AGENDA May 21, 2024 Authority State of California/Bonta v. City of Huntington Beach/Zelinka; Case No. 30-2023-01312235-CU-WM-CJC. 4. 24-394 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Eric Parra, Interim City Manager; also in attendance: Marissa Sur, Director of Human Resources; Travis Hopkins, Assistant City Manager; Michael E. Gates, City Attorney; and Sunny Han, Chief Financial Officer. Employee Organization: Non-Represented Employees (N/A). 5. 24-395 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Eric Parra, Interim City Manager; also in attendance: Marissa Sur, Director of Human Resources; Travis Hopkins, Assistant City Manager; Michael E. Gates, City Attorney; and Sunny Han, Chief Financial Officer. Employee Organization: Management Employees Organization (MEO). 6:00 PM – COUNCIL CHAMBERS RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING ROLL CALL Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, 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. 6. 24-376 Huntington Beach Police and Fire 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 Page 2 of 7 City Council/Public Financing AGENDA May 21, 2024 Authority 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 city.council@surfcity-hb.org. 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. 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 7. 24-378 Review of the 2023 City System of Care Annual Report and 2024 Point in Time Count CONSENT CALENDAR (Items 8-16) City Clerk 8. 24-375 Approve and Adopt Minutes Recommended Action: Approve and adopt the City Council/Public Financing Authority regular meeting minutes of Page 3 of 7 City Council/Public Financing AGENDA May 21, 2024 Authority May 7, 2024. 9. 24-366 Receive and file the City Clerk’s quarterly listing of professional services contracts filed in the City Clerk’s Office between January 1, 2024 and March 31, 2024 Recommended Action: Receive and file the “List of Professional Services Contracts Approved by Department Heads and Submitted to the Office of the City Clerk during the period of January 1, 2024 and March 31, 2024.” Community and Library Services 10. 24-379 Approve the design concept and placement of a re-dedication plaque celebrating the 50th Jubilee of Huntington Central Park as recommended by the Community & Library Services Commission Recommended Action: Approve the design concept and placement of a re-dedication plaque celebrating the 50th Jubilee of Huntington Central Park as recommended by the Community & Library Service Commission. Community Development 11. 24-377 Approve Zoning Text Amendment No. 23-002 (Zoning Update) by adopting Ordinance Nos. 4307, 4308, 4309, 4310, 4311, 4312, 4313, 4314; and, adopt Ordinance No. 4322 amending Title 3 of the Huntington Beach Municipal Code (HBMC) titled Revenue and Finance (Ordinance Nos. 4307, 4308, 4309, 4310, 4311, 4312, 4313, 4314 Approved for Introduction on May 7, 2024 by a Vote of 7-0; Ordinance No. 4322 Approved for Introduction on May 7, 2024 by a Vote of 4-3 (Moser, Bolton, Kalmick-No) Recommended Action: A) Approve Zoning Text Amendment No. 23-002 with findings (Attachment No. 1) by adopting: 1. Ordinance No. 4307, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 203 Definitions of the Huntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No. 23-002)”; (Attachment No.2) 2. Ordinance No. 4308, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 210 Residential Districts of the Huntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No. 23-002)”; (Attachment Page 4 of 7 City Council/Public Financing AGENDA May 21, 2024 Authority No. 3) 3. Ordinance No. 4309, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 211 C Commercial Districts of the Huntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No. 23-002)”; (Attachment No. 4) 4. Ordinance No. 4310, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 212 I Industrial Districts of the Huntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No. 23-002)”; (Attachment No. 5) 5. Ordinance No. 4311, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 218 M Mixed Use-Transit Center District of the Huntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No. 23-002)”; (Attachment No. 6) 6. Ordinance No. 4312, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 230 Site Standards of the Huntington Beach Zoning Code and Subdivision Ordinance (Zoning Text Amendment No. 23-002)”; (Attachment No. 7) 7. Ordinance No. 4313, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 231 Off-Street Parking and Loading Provisions of the Huntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No. 23-002)”; (Attachment No. 8) 8. Ordinance No. 4314, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 241 Conditional Use Permits and Variances - Temporary Use Permits-Waiver of Development Standards of the Huntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No. 23-002)”; (Attachment No. 9) B) Find the Municipal Code Amendment exempt from the California Environmental Quality Act by adopting Ordinance No. 4322, “An Ordinance of the City Council of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Adding New Chapter 3.60 Entitled “Joint Exercise of Power Agreements .” (Attachment No. 11) Finance 12. 24-368 Approve the escheatment of Unclaimed Funds Per Government Code Sections 50050-50057 Recommended Action: Review and approve the transfer of $7,006.01 of unclaimed funds from the City’s Page 5 of 7 City Council/Public Financing AGENDA May 21, 2024 Authority Unclaimed Funds Liability Account to the City’s Miscellaneous Revenue Account 10000100.48550 in compliance with Government Code Sections 50050-50057. Human Resources 13. 24-348 Approve and Authorize Execution of a Professional Services Contract with Carl Warren & Company for Liability Claim Investigation and Processing Recommended Action: Approve and authorize the Mayor and City Clerk to execute “Professional Services Contract between the City of Huntington Beach and Carl Warren & Company for Liability Claim Investigation and Processing” in the amount not to exceed $750,000 for a three (3) year period. Public Works 14. 24-298 Approve and Accept the Public Improvements, Release the Securities, and Accept a Guarantee and Warranty Bond for Gisler Park Recommended Action: A) Accept the public improvements constructed in Gisler Park, and instruct the City Clerk to record the Notice of Acceptance of Public Improvements (Attachment 2) with the Orange County Recorder; and B) Release the securities for Gisler Park - Faithful Performance Bond No. US00121914SU22A and Labor and Materials Bond No. US00121914SU22A; and C) Accept Guarantee and Warranty Bond No. US00121914SU22A-M (Attachment 3), the security furnished for guarantee and warranty of public improvements in Gisler Park, and instruct the City Clerk to file the bond with the City Treasurer; and D) Instruct the City Clerk to notify the developer, Lennar Homes of California, and the City Treasurer to notify the Surety, XL Specialty Insurance Company, of these actions; and E) Instruct the City Treasurer to notify the City Clerk when the securities mentioned above have been released and the guarantee and warranty bond mentioned above has been accepted. 15. 24-305 Approve the Fiscal Year 2022/23 Infrastructure Fund Annual Report Recommended Action: Approve the Infrastructure Fund Annual Report for Fiscal Year 2022/23. 16. 24-347 Accept bid and authorize execution of a construction contract with Page 6 of 7 City Council/Public Financing AGENDA May 21, 2024 Authority DBX, Inc. in the amount of $1,146,920.00, for the construction of traffic signal modifications at the intersection of Warner Avenue and Ash Lane (CC-1670) and at the intersection of Main Street and Delaware Street (CC-1671), appropriation of funds and execution of change orders Recommended Action: A) Accept the lowest responsive and responsible bid submitted by DBX, Inc., in the amount of $1,146,920.00; and, B) Appropriate $564,932 of undesignated Traffic Impact Fee fund balance to Traffic Impact Fee Account No. 20690016.82700; and, C) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney; and , D) Authorize the Director of Public Works to execute change orders not to exceed a total of 10 percent of the contract construction costs . COUNCIL MEMBER ITEMS 17. 24-391 Item Submitted by Mayor Van Der Mark, Mayor Pro Tem Burns, and Council Member Strickland - Renaming of Commerce Lane to Ed Laird Lane in Honor of Mr. Ed Laird’s Service to Huntington Beach- Request Action Recommended Action: Direct the City Manager to return with a resolution for City Council to commemorate Mr. Ed Laird’s service and rename Commerce Lane to Ed Laird Lane. ADJOURNMENT The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Tuesday, June 4, 2024, 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