City Council/Public Financing Authority

AGENDA City Council/Public Financing Authority Tuesday, February 18, 2025 3:45 PM - Closed Session 6:00 PM - Regular Meeting Council Chambers MAYOR AND CITY COUNCIL 2000 Main Street STAFF PAT BURNS, Mayor Huntington Beach, CA 92648 TRAVIS HOPKINS, Acting City Manager CASEY MCKEON, Mayor Pro Tem MICHAEL E. GATES, City Attorney DON KENNEDY, Councilman LISA LANE BARNES, City Clerk TONY STRICKLAND, Councilman ALISA BACKSTROM, City Treasurer BUTCH TWINING, Councilman GRACEY VAN DER MARK, Council Woman CHAD WILLIAMS, Councilman 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 February 18, 2025 Authority 3:45 PM - COUNCIL CHAMBERS CALL TO ORDER ROLL CALL Twining, Kennedy, McKeon, Burns, Van Der Mark, Strickland, Williams 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 city.council@surfcity-hb.org. RECESS TO CLOSED SESSION CLOSED SESSION 1. 25-115 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Travis Hopkins, Acting City Manager; also in attendance: Marissa Sur, Director of Human Resources; Michael E. Gates, City Attorney and David Cain, Interim Chief Financial Officer. Employee Organization: Management Employees' Organization (MEO). 2. 25-116 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Travis Hopkins, Acting City Manager; also in attendance: Marissa Sur, Director of Human Resources; Michael E. Gates, City Attorney and David Cain, Interim Chief Financial Officer. Employee Organization: Huntington Beach Municipal Teamsters (HBMT). 3. 25-117 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Travis Hopkins, Page 1 of 10 City Council/Public Financing AGENDA February 18, 2025 Authority Acting City Manager; also in attendance: Marissa Sur, Director of Human Resources; Michael E. Gates, City Attorney and David Cain, Interim Chief Financial Officer. Employee Organization: Marine Safety Management Association (MSMA). 4. 25-118 CONFERENCE WITH REAL PROPERTY NEGOTIATORS - Property: 21091 Pacific Coast Highway, Huntington Beach, CA, 92648 (APN 024-281-16). Agency Negotiators: Travis Hopkins, Acting City Manager; Ashley Wysocki, Director of Community and Library Services; Chris Cole, Community and Library Services Manager; William Krill, Real Estate Project Manager. Negotiating Parties: (Not Present) Dave Clapp DBA Jack’s Beach Concessions. Under negotiation: Price and terms of lease. 5. 25-119 PUBLIC EMPLOYEE APPOINTMENT (Gov. Code section 54957(b)(1).) Title: City Manager. 6. 25-120 CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION (Gov. Code section 54956.9(d)(2).): One (1). 6:00 PM – COUNCIL CHAMBERS RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING ROLL CALL Twining, Kennedy, McKeon, Burns, Van Der Mark, Strickland, Williams 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. 7. 25-109 Huntington Beach Fire and Police Chaplain Roger Wing CLOSED SESSION REPORT BY CITY ATTORNEY CITY COUNCIL MEMBER COMMENTS (2-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. Page 2 of 10 City Council/Public Financing AGENDA February 18, 2025 Authority 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 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 8. 25-105 Update on E-Bikes CITY TREASURER'S REPORT Page 3 of 10 City Council/Public Financing AGENDA February 18, 2025 Authority 9. 25-078 Receive and File the City Treasurer’s Quarterly Investment Report for December 2024 Recommended Action: Receive and File the City Treasurer’s Quarterly Investment Report for December 2024, pursuant to Section 18.0 of the Investment Policy of the City of Huntington Beach. CITY CLERK'S REPORT 10. 25-084 Presentation on the Safe and Sane Fireworks Stand Application and Lottery Process for 2025 CONSENT CALENDAR (Items 11 - 18) City Clerk 11. 25-101 Approve and Adopt Minutes Recommended Action: Approve and adopt the City Council/Public Financing Authority regular meeting minutes of February 4, 2025. 12. 25-077 Receive and File the City Clerk’s quarterly listing of professional services contracts filed in the City Clerk’s Office between October 1, 2024 and December 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 October 1, 2024 and December 31, 2024.” Finance 13. 25-111 Fiscal Year 2024/25 Mid-Year Budget Adjustments Recommended Action: Approve mid-year budget adjustments to the FY 2024/25 Revised Budget in the funds and by the amounts contained in Attachment 1. Fire 14. 25-104 Approve the Appointment of Mel Williams to the Harbour Commission, as recommended by City Council Liaisons Mayor Pat Burns and Council Woman Gracey Van Der Mark Page 4 of 10 City Council/Public Financing AGENDA February 18, 2025 Authority Recommended Action: Approve the appointment of Mel Williams to the Harbour Commission through December 31, 2028. Public Works 15. 25-055 Approve and adopt Resolution No. 2025-02 establishing angled parking on Walnut Avenue between Main Street and 2nd Street and appropriation of funds Recommended Action: A) Approve and adopt Resolution No. 2025-02, “A Resolution of the City Council of the City of Huntington Beach Approving the Establishment of Angle Parking on Walnut Avenue Between Main Street and 2nd Street;” and, B) Appropriate $20,000 from the downtown In-Lieu Parking account to Business Unit 30880101 for construction and equipment to establish the recommended parking configuration. 16. 25-112 Approve and authorize execution of Amendment No. 6 to Professional Services Agreement with Biggs Cardosa Associates, Inc. (BCA) to Extend the Contract Term by Three Years Recommended Action: Approve and authorize the Mayor and City Clerk to execute “Amendment No. 6 to Agreement Between the City of Huntington Beach and Biggs Cardosa Associates, Inc. for Bridge Design Services.” 17. 25-063 Approve License Agreement and Project Specific Maintenance Agreement for the Pelican Harbor Senior Apartments Project at 18431 Beach Boulevard Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute the License Agreement between the City of Huntington Beach and Beach Housing Partners, L.P. (Jamboree Housing, the project developer), to provide maintenance of improvements within State Highway Right-of-Way on State Route 39 (Beach Boulevard) for the Pelican Harbor Senior Apartments project (Attachment 2), and instruct the City Clerk to record the agreement with the Orange County Recorder; and , B) Approve and authorize the Mayor and City Clerk to execute the Project Specific Maintenance Agreement between the City of Huntington Beach and State of California (Caltrans) for improvements within State Highway Right-of-Way on State Route 39 (Beach Boulevard) for the Pelican Harbor Senior Apartments project (Attachment 3). 18. 25-073 Adopt Resolution No. 2025-06 approving and adopting the 2023 Page 5 of 10 City Council/Public Financing AGENDA February 18, 2025 Authority Water Master Plan (WMP) Update; and, adopt Resolution No. 2025-07 identifying specific projects for Water Capital Facilities expenditures. Recommended Action: A) Adopt Resolution No. 2025-06, “A Resolution of The City Council of The City of Huntington Beach Approving and Adopting That Certain Report Entitled ‘City of Huntington Beach, 2023 Water Master Plan Update’” B) Adopt Resolution No. 2025-07, “A Resolution of The City Council of The City of Huntington Beach Identifying the Specific Water Projects from The Approved Water Master Plan on Which Capital Facilities Charge Monies and Capital Surcharge Monies Can Be Expended” 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. 19. 25-088 Continued from February 4, 2025 with Public Hearing open - Continue a Tax Equity and Financial Responsibility Act public hearing and adopt Resolution No. 2025-05 approving, authorizing, and directing execution of a Joint Exercise of Powers Agreement relating to the California Public Finance Authority and approving the Issuance by the California Public Finance Authority of Revenue Bonds in an amount not to exceed $325,000,000 for Marisol HB, LLC, with no City obligations, as well as a Payment in Lieu of Taxes Agreement Recommended Action: A) Continue a public hearing under the requirements of TEFRA and the Internal Revenue Code in consideration of the issuance of tax-exempt bonds by the California Public Finance Authority (CalPFA) for the benefit of Marisol HB, LLC for the acquisition, construction, expansion, remodeling, renovation, improvement, furnishing, and /or equipping of a rental senior living community facility located generally at 2120 Main St., Page 6 of 10 City Council/Public Financing AGENDA February 18, 2025 Authority Huntington Beach, CA, 92648, to be known as The Marisol; and B) Adopt Resolution No. 2025-05, “A Resolution of the City Council of the City of Huntington Beach Approving, Authorizing and Directing Execution of a Joint Exercise of Powers Agreement Relating to the California Public Finance Authority and Approving the Issuance by the California Public Finance Authority of Revenue Bonds in an Aggregate Principal Amount Not to Exceed $325,000,000 to Benefit Marisol HB, LLC and Certain Other Matters Relating Thereto.” ADMINISTRATIVE ITEMS 20. 25-102 Approve the Design of a Plaque Celebrating the Huntington Beach Public Library’s 50th Anniversary as Recommended by the Community & Library Services Commission Recommended Action: Approve the design of a plaque (Attachment 1) commemorating the Huntington Beach Public Library’s 50th Anniversary as recommended by the Community & Library Services Commission. 21. 25-110 Recommendation to Approve and Adopt Resolution No. 2025-08 Appointing Chief Assistant City Attorney Michael J. Vigliotta to the Position of City Attorney for the City of Huntington Beach Recommended Action: A) Appoint Chief Assistant City Attorney Michael J. Vigliotta to the position of City Attorney for the City of Huntington Beach; and, B) Approve and adopt Resolution No. 2025-08, “A Resolution of the City Council of the City of Huntington Beach Setting the Salary Rate and Assigning Certain Benefits for the Appointed City Attorney.” 22. 25-087 Receive and File this Report of Effect of Proposed Initiative for Citizen Initiative to Repeal Ordinance No. 4318 by Deleting Huntington Beach Municipal Code Chapter 2.66 - Community-Parent Guardian Review Board for Procurement of Children’s Library materials, and Adding Section 2.30.090 - Selection and Use of Library Materials; and Consider Options on How to Proceed Recommended Action: A) Receive and file this Report of Effect of Proposed Initiative for citizen initiative, “To Repeal Ordinance No. 4318 by Deleting Huntington Beach Municipal Code Chapter 2.66 - Community-Parent Guardian Review Board for Procurement of Children’s Library materials, and Adding Section 2.30.090 - Selection and Use of Library Materials;” and, Page 7 of 10 City Council/Public Financing AGENDA February 18, 2025 Authority B) Adopt Ordinance No. 4239, “An Ordinance of the City Council of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Deleting Chapter 2.66 Thereof and Adding New Section 2.30.090 Thereof;” OR C) Submit Citizen Initiative to the Voters at the next General Municipal Election on November 3, 2026 OR, D) Call for a special election to be held not less than 88 days, nor more than 103 days after the order of the election, and: 1. Adopt Resolution No. 2025-09, “A Resolution of the City Council of the City of Huntington Beach Calling for the Holding of a Special Election on a Date to be Determined by City Council for Submission to the Voters an Initiative Ordinance to Amend the Huntington Beach Municipal by Deleting Chapter 2.66 Thereof Entitled ‘Community Parent Guardian Review Board for Procurement of Children’s Library Materials’ and Adding Section 2.03.090 Thereto Entitled ‘Selection and Use of Library Materials’.”; and, 2. Adopt Resolution No. 2025-10, “A Resolution of the City Council of the City of Huntington Beach Requesting the Board of Supervisors of the County of Orange to Render Specified Services to the City Relating to the Conduct of a Special Election to be Held on a Date to be determined by the City Council.”; and, 3. Adopt Resolution No. 2025-11, “A Resolution of the City Council of the City of Huntington Beach Setting Priorities for Filing a Written Argument(s) Regarding a City Measure and Directing the City Attorney to Prepare an Impartial Analysis.”; and, 4. Adopt Resolution No. 2025-12, “A Resolution of the City Council of the City of Huntington Beach Providing for the Filing of Rebuttal Arguments for City Measures Submitted at Municipal Elections.” 23. 25-126 Receive and File this Report of Effect of Proposed Initiative for Citizen Initiative “An Ordinance to Amend the Huntington Beach Municipal Code by Adding New Section 2.30.100, Entitled ‘Public Operation of Library Services’;” and Consider Options on How to Proceed Recommended Action: A) Receive and file this Report of Effect of Proposed Initiative for citizen initiative, “An Ordinance to Amend the Huntington Beach Municipal Code by Adding New Section 2.30.100, Entitled ‘Public Operation of Library Services’;” and, B) Adopt Ordinance No. 4330, “An Ordinance of the City Council of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Adding New Page 8 of 10 City Council/Public Financing AGENDA February 18, 2025 Authority Section 2.30.100, Entitled ‘Public Operation of Library Services’;” OR, C) Submit Citizen Initiative to the Voters at the next General Municipal Election on November 3, 2026 OR, D) Call for a special election to be held not less than 88 days, nor more than 103 days after the order of the election, and: 1. Adopt Resolution No. 2025-13, “A Resolution of the City Council of the City of Huntington Beach Calling for the Holding of a Special Election on a Date to be Determined by City Council for Submission to Voters an Initiative Ordinance to Amend the Huntington Beach Municipal Code Adding New Section 2.03.100, Entitled ‘Public Operation of Library Services’;” and, 2. Adopt Resolution No. 2025-14, “A Resolution of the City Council of the City of Huntington Beach Requesting the Board of Supervisors of the County of Orange to Render Specified Services to the City Relating to the Conduct of a Special Election to be Held on a Date to be determined by the City Council.”; and, 3. Adopt Resolution No. 2025-15, “A Resolution of the City Council of the City of Huntington Beach Setting Priorities for Filing a Written Argument(s) Regarding a City Measure and Directing the City Attorney to Prepare an Impartial Analysis.”; and, 4. Adopt Resolution No. 2025-16, “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.” 24. 25-017 Approve and authorize the execution of a License Agreement between the City of Huntington Beach and Flowers of the Sky Entertainment, LLC, for the management and operation of the Symphony of Flowers at Huntington Central Park East located at 18381 Goldenwest Street. Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute a License Agreement Between the City of Huntington Beach and Flowers of the Sky Entertainment, LLC, for the management and operation of Symphony of Flowers at Huntington Central Park East; and, B) Approve Addendum to the Final Master Environmental Impact Report (FMEIR) for Master Plan of Recreation Uses for Central Park, City of Huntington Beach, California - Symphony of Flowers Project (Certified 1999 FMEIR 1999) (State Clearinghouse No. 97091007) as adequate and complete in accordance with the California Environmental Quality Act requirements. Page 9 of 10 City Council/Public Financing AGENDA February 18, 2025 Authority ADJOURNMENT The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Tuesday, March 4, 2025, 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 10 of 10