Huntington Beach — 2023-02-07

1. 23-107 Mayor Strickland to announce: Pursuant to Government Code §\n54957.6, the City Council takes this opportunity to publicly introduce\nand identify designated labor negotiators, Al Zelinka, City Manager\nand Peter Brown Chief Negotiator; also in attendance: Jose\nRodriguez, Human Resources Manager, Travis Hopkins, Assistant\nCity Manager; Michael E. Gates, City Attorney; Eric Parra, Chief of\nPolice; and Sunny Rief, Assistant Chief Financial Officer, who will be\nparticipating in today's Closed Session discussions regarding labor\nnegotiations with: Huntington Beach Police Officers’ Association\n(HBPOA).\nCLOSED SESSION

10. 23-108 City Archivist Kathie Schey to announce receipt of a digitization\ngrant award from California Revealed, an initiative of the California\nState Library\nCONSENT CALENDAR\nOffice of City Attorney

11. 23-076 Adopt Ordinance No. 4276 Amending Chapter 2.07 of the HBMC\nRelating to Campaign Reform - Approved for Introduction January\n17, 2023 - Vote: 4-3 (Kalmick, Moser, Bolton - No)\nRecommended Action:\nAdopt Ordinance No. 4276,”An Ordinance of the City of Huntington Beach Amending\nChapter 2.07 of the Huntington Beach Municipal Code Relating to Campaign Reform.”

12. 23-077 Adopt Ordinance No. 4277 Amending Chapter 1.18 of the Huntington\nBeach Municipal Code Relating to Anonymous Complaints -\nApproved for Introduction January 17, 2023 - Vote: 4-3 (Kalmick,\nMoser, Bolton - No)\nRecommended Action:\nAdopt Ordinance No. 4277, “An Ordinance of the City of Huntington Beach Amending\nChapter 1.18 of the Huntington Beach Municipal Code Relating to Anonymous\nComplaints.”\nOffice of City Clerk

14. 23-115 Adopt Resolution No. 2023- 07 appointing Theresa St. Peter as\nInterim Director of Human Resources and approving the\nEmployment Agreement\nRecommended Action:\nA) Adopt Resolution No. 2023-07 , “ A Resolution of the City Council of the City of\nHuntington Beach Appointing Theresa St . Peter as Interim Director of Human Resources”;\nand,\nB) Approve and authorize the City Manager to execute the “Employment Agreement\nbetween the City of Huntington Beach and Theresa St . Peter.”\nCommunity Development Department

15. 23-014 Bonanni Development Company IV, LLC Affordable Housing\nAgreement for the development of 35 ownership units at 19070 Holly\nLane\nRecommended Action:\nA) Approve the Affordable Housing Agreement by and between the City and Bonanni\nDevelopment Company, LLC for the development of 35 ownership units at 19070 Holly\nLane; and,\nB) Authorize the City Manager or their designee to implement and execute the\nAffordable Housing Agreement for the Project, including all necessary related\ndocuments; and,\nC) Authorize the City Manager to execute an amendment to the Affordable Housing\nAgreement, as prepared by the City Attorney, should the Developer upon completion of\nthe Project decide to rent instead of sell the townhomes due to market conditions; and,\nD) Authorize the Housing Authority Executive Director or their designee to execute all\nnecessary implementing agreements and related documents.\nPolice Department

16. 23-074 Approve and accept the California Office of Emergency Services\n(Cal OES) Violence Against Women Act Grant (LE22066860);\nauthorize the Chief of Police to execute documents; approve\nappropriations; amend the Professional Services Listing to include\nprovided domestic violence services; and contract Amendment No.\n2 with Waymakers, in the amount of $116,032, for continued\nmanagement of the Victim and Witness Assistance Services\nProgram\nRecommended Action:\nA) Accept the grant between the State of California, Governor’s Office of Emergency\nServices (Cal OES) and the City of Huntington Beach; and,\nB) Assign authority to the Chief of Police as the official to execute and sign for the award\nand to approve amendments and extensions; and,\nC) Approve the appropriation and expenditure of $203,143, which is fully reimbursed by\nthe grant from Cal OES. The remaining $67,715 will be funded from existing\nappropriations in the Police Department’s budget; and,\nD) Amend the Professional Services Listing to include provided domestic violence\nservices; and,\nE) Approve and authorize “Amendment No. 2” to Agreement Between the City of\nHuntington Beach and Waymakers for Victim and Witness Assistance Services .\nPublic Works Department

17. 22-925 Approve Sole Source Procurement Request with Hadronex Inc., dba\nSmartCover Systems, for Sanitary Sewer System Manhole\nSmartCovers\nRecommended Action:\nApprove Sole Source Procurement Request with Hadronex Inc., dba SmartCover\nSystems, for the servicing of SmartCovers.

18. 22-926 Approve Sole Source Procurement Request for Aclara for service\nand maintenance on Automated Meter Infrastructure (AMI)\nequipment.\nRecommended Action:\nApprove the Sole Source Procurement Request with Aclara for service and maintenance\non AMI equipment.

19. 22-1126 Approve and authorize execution of a three-year Professional\nServices Agreement with Sierra Analytical Labs Inc. for Water\nQuality Analysis and Sampling Services in the amount of $360,000\nRecommended Action:\nApprove and authorize the Mayor and City Clerk to execute the “Professional Services\nContract between the City of Huntington Beach and Sierra Analytical Labs, Inc. for Water\nQuality Analysis and Sampling Services.”

2. 23-089 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section\n54957.6.) Agency designated representatives: Al Zelinka, City\nManager, and Peter Brown, Chief Negotiator; also in attendance:\nJose Rodriguez, Human Resources Manager; Travis Hopkins,\nAssistant City Manager; Michael E. Gates, City Attorney; Eric Parra,\nChief of Police; and Sunny Rief, Assistant Chief Financial Officer.\nEmployee Organization: Police Officers’ Association (POA).

20. 23-048 Accept bid and authorize execution of a construction contract with\nMBC Enterprises, Inc. in the amount $482,897.59 for the Glen Mar\nFrontage Road Improvements Project, CC-1688\nRecommended Action:\nA) Accept the lowest responsive and responsible bid submitted by MBC Enterprises, Inc.\nin the amount of $438,997.81; and,\nB) Authorize the Mayor and City Clerk to execute a construction contract in the form\napproved by the City Attorney.

21. 23-061 Grant of Easement to Southern California Gas Company for new gas\nutility line extension at 6900 Brunswick Drive, a location known as\nNorth Greer Park Parcel\nRecommended Action:\nA) Approve and authorize the Mayor and City Clerk to execute the Grant of Easement\nbetween the City of Huntington Beach and Southern California Gas Company; and ,\nB) Authorize the City Clerk to record the Grant of Easement with the Orange County\nRecorder.

22. 23-088 Approve and authorize execution of four (4) Professional Services\nContracts for On-Call Construction Management and Engineering\nServices with Ardurra Group, Inc., Berg & Associates, Inc., Dudek,\nand Psomas\nRecommended Action:\nA) Approve and authorize the Mayor and City Clerk to execute a $1,400,000\n“Professional Services Contract Between the City of Huntington Beach and Ardurra Group,\nInc. for On-Call Construction Management and Engineering Services;” and,\nB) Approve and authorize the Mayor and City Clerk to execute a $1,400,000\n“Professional Services Contract Between the City of Huntington Beach and Berg &\nAssociates, Inc. for On-Call Construction Management and Engineering Services;” and,\nC) Approve and authorize the Mayor and City Clerk to execute a $1,400,000\n“Professional Services Contract Between the City of Huntington Beach and Dudek for\nOn-Call Construction Management and Engineering Services;” and,\nD) Approve and authorize the Mayor and City Clerk to execute a $1,400,000\n“Professional Services Contract Between the City of Huntington Beach and Psomas for\nOn-Call Construction Management and Engineering Services.”

23. 23-095 Approve and authorize execution of three (3) Professional Services\nContracts for On-Call Materials Testing and Engineering Services\nwith AESCO, Inc., Leighton Consulting, Inc., and Ninyo & Moore\nGeotechnical & Environmental Sciences Consultants\nRecommended Action:\nA) Approve and authorize the Mayor and City Clerk to execute a $600,000 “Professional\nServices Contract Between the City of Huntington Beach and AESCO, Inc. for On-Call\nMaterials Testing and Engineering Services;” and,\nB) Approve and authorize the Mayor and City Clerk to execute a $600,000 “Professional\nServices Contract Between the City of Huntington Beach and Leighton Consulting, Inc. for\nOn-Call Materials Testing and Engineering Services;” and,\nC) Approve and authorize the Mayor and City Clerk to execute a $600,000 “Professional\nServices Contract Between the City of Huntington Beach and Ninyo & Moore Geotechnical\n& Environmental Sciences Consultants for On-Call Materials Testing and Engineering\nServices.”\nPUBLIC HEARING\nFor the benefit of the public, prior to a public hearing item, each member of the City Council will\ndisclose any ex parte communications they may have had pertaining to the item. In simple terms,\npublic hearings are quasi-judicial proceedings and the information used by the City Council to\nmake its decisions should be limited to that which is obtained during the public hearing. Ex parte\ncommunications, then, means any information obtained outside of a public hearing. In such public\nhearing proceedings, the City Council must uphold constitutional and statutory due process\nrights of present and non-present parties by disclosing ex parte communications. Ex parte\ncommunications include oral and written information, as well as visual or auditory information\nobtained during a site visit.\nIndividuals wishing to provide a comment on an item scheduled for Public Hearing may do so in\nperson by filling out a Request to Speak form delivered to the City Clerk. All speakers are\nencouraged, but not required to identify themselves by name. Each speaker may have up to 3\nminutes unless the volume of speakers warrants reducing the time allowance.

24. 23-027 Adopt Resolution No. 2023-02 to approve Zoning Text Amendment\n(ZTA) No. 22-004 regarding Medical Services in the Beach and\nEdinger Corridors Specific Plan (BECSP)\nRecommended Action:\nPLANNING COMMISSION AND STAFF RECOMMENDATION:\nA) Find that Zoning Text Amendment No. 22-004 is within the scope of the BECSP\nProgram Environmental Impact Report No. 08-008 certified by the Planning Commission\non December 8, 2009. In accordance with CEQA Guidelines Sections 15162 and 15163,\nno subsequent or supplement to the EIR need be prepared for this ZTA and no further\nenvironmental review or documentation is required (Attachment No. 1); and,\nB) Approve Zoning Text Amendment No. 22-004 with findings (Attachment No. 1) and\nadopt Resolution No. 2023-02, “A Resolution of the City Council of the City of Huntington\nBeach Approving an Amendment to the Beach and Edinger Corridors Specific Plan\n(SP14) (Zoning Text Amendment No. 22-004)” (Attachment No. 2).\nADMINISTRATIVE ITEMS

25. 23-097 Approve and authorize Amendment No. 1 to the Professional\nServices Contract with RDG Planning & Design Art Studio for the\nDesign, Fabrication and Installation of the Public Art Work to include\na phased acceptance of liability, to increase the contract\ncompensation by $35,000, and to appropriate $35,000 from the Public\nArts in Parks Fund 236\nRecommended Action:\nA) Approve and authorize the Mayor and City Clerk to execute “Amendment No. 1 to\nAgreement Between the City of Huntington Beach and RDG Art Studio for the Design,\nFabrication and Installation of a Public Art Work for Central Park” to approve a phased\nacceptance of liability of the structures during the installation process and to increase the\ncontract compensation by a not-to-exceed amount of $35,000; and,\nB) Authorize the appropriation of $35,000 from the Public Art in Parks Fund 236 to\naccount 23645001.82900.

26. 23-050 Report on crime statistics involving Huntington Beach businesses\nand recommendations to enhance efforts to address and reduce\nbusiness-related crimes\nRecommended Action:\nA) Receive and file this report; and\nB) Approve the proposed enforcement plan for Fiscal Year 2022/23 for additional\novertime for proactive patrols and funding for five (5) public safety cameras, including\nappropriation from the General Fund to the Police Department’s FY 2022-2023 Personnel\nand Operating Budget.\nORDINANCES FOR INTRODUCTION

27. 23-066 Approve for Introduction Ordinance No. 4275 to Amend to\nHuntington Beach Municipal Code Chapter 13.08.070 Relating to\nDogs and Other Animals\nRecommended Action:\nApprove for introduction Ordinance No. 4275, “An Ordinance of the City of Huntington\nBeach Amending Chapter 13.08 of the Huntington Beach Municipal Code Relating to\nDogs and Other Animals.”

28. 23-071 Approve for Introduction Ordinance No. 4280 Amending Chapter\n2.109 of the Huntington Beach Municipal Code Regarding the\nFinance Commission\nRecommended Action:\nApprove for introduction Ordinance No. 4280, “An Ordinance of the City of Huntington\nBeach Amending Chapter 2.109 to the Huntington Beach Municipal Code Regarding\nFinance Commission.”

29. 23-072 Approve the Introduction of Ordinance Nos. 4279 and 4278\nAmending Chapter 2.64 and Chapter 2.111 of the Huntington Beach\nMunicipal Code Regarding the Community and Library Services\nCommission and the Citizen Infrastructure Advisory Board/Public\nWorks Commission, respectively\nRecommended Action:\nA) Approve for Introduction Ordinance No.4279, “An Ordinance of the City of Huntington\nBeach Amending Chapter 2.64.040 to the Huntington Beach Municipal Code Regarding\nCommunity and Library Services Commission”; and/or\nB) Approve for Introduction Ordinance No. 4278 , “An Ordinance of the City of Huntington\nBeach Amending Chapter 2.111 to the Huntington Beach Municipal Code Regarding\nCitizen Infrastructure Advisory Board/Public Works Commission.”\nCOUNCILMEMBER ITEMS

3. 23-090 CONFERENCE WITH LEGAL COUNSEL-LITIGATION (Gov. Code\nsection 54956.9(d)(4).): Number of matters: One (1) - Confer with\nCity Attorney regarding a request by the City of Costa Mesa to\nprovide Amicus support with regard to 9th Circuit Court of Appeals\nDecision re Sober Living Homes.

30. 23-109 Submitted by Councilmember Burns - Request to prepare an\nOrdinance that limits Flag Displays at City Facilities to only the\nAmerican, POW/MIA, State, City, and as needed, the County Flags\nRecommended Action:\nDirect the City Manager to work with the City Attorney to prepare an ordinance for\nintroduction at the February 21 Council Meeting that the City only fly or display on City\nproperty the American flag, the POW/MIA flag, the State of California flag, the Huntington\nBeach City flag, and, as needed, the County of Orange flag.\nIf the ordinance is adopted, direct the City Manager to update Administrative Regulation\n(AR) 705: Citywide Flag Policy, accordingly .

31. 23-118 Submitted by Councilmember Burns - SB 9 and SB 10 Impacts on\nHuntington Beach\nRecommended Action:\nRequest that staff compose, for City Council review, an analysis of SB 9 and SB 10, their\nimpacts in Huntington Beach, and process to exempt the City from SB 9, as the City has\nopted out of SB10.\nDirect the City Attorney to take any legal action necessary to challenge SB 9 and SB 10.

32. 23-119 Submitted by Councilmember Moser - Request to Reinstate Remote\nCitizen Participation at Public Meetings\nRecommended Action:\nI would like to request the City Council to reinstate the remote public participation option\nduring meetings of the City Council and all BCCs, in the spirit of increasing public access,\ncivic discourse, and transparency. If needed, the City Council could reassess the need for\nremote options periodically, moving forward.

33. 23-120 Submitted by Councilmember McKeon - Request to review Group\nHome Regulations in the City and recommend amendments and\nimprovements as needed\nRecommended Action:\nDirect the City Manager to work with the City Attorney to return to Council with any\nrecommendations regarding:\n1. Possible new ZTA to provide additional protections for disabled occupants requiring at\nleast 9 months’ notice prior to eviction (even after insurance coverage runs out). This kind\nof a protection for disabled occupants will help prevent their sudden turning out onto the\nstreet without a home or place to stay. These protections could also include requiring\noperators and landlords to relocate the patients/clients back to their original place of\norigin.\n2. Begin investigating complaints of insurance fraud. This may require the City Attorney\nwork with the District Attorney to identify prosecutorial paths for prosecution.\n3. Provide City Council a Quarterly basis to give status reports on: list of current\ncomplaints regarding illicit Group Home operations harming the disabled, including Group\nHome locations, nature of complaints, description of complaints, complaints regarding\npublic nuisance activities like loud noise or trash, whether issues are Code Enforcement\nor whether there is criminal activity; Group Home locations should identify State licensed\nfacilities, sober homes, non-licensed providers, etc. and what efforts have been done that\nquarter to address the complaints. A full status report.\n4. Recommendation on what resources, or assistance, does Code Enforcement need\nfrom City Council to step up enforcement, reduce response times, effectively identify\nproblem homes, effectively address the problems of the homes, etc.\n**34. 23-123 Submitted by Councilmember McKeon - Request to Commence a\nDevelopment Impact Fund (DIF) Study\nRecommended Action:\nDirect the City Manager to work with the Finance and Community Development\nDepartments to conduct a Request for Proposals/Qualifications process to hire a firm that\nwill commence a DIF study and Nexus Report or other appropriate calculations.

4. 23-101 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION.\n(Paragraph (1) of subdivision (d) of Section 54956.9). Name of case:\nPacific Airshow, LLC v. City of Huntington Beach and Kim Carr;\nOCSC Case No. 30-2022-01287749.

5. 23-105 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION.\n(Paragraph (1) of subdivision (d) of Section 54956.9). Name of case:\nVega (Ruben) v. City of Huntington Beach, et al.; OCSC Case No.:\n30-2021-01184181.\n6:00 PM – COUNCIL CHAMBERS

6. 22-1117 Mike Michaud of Dance4Joy Ministries and member of the Greater\nHuntington Beach Interfaith Council\nCLOSED SESSION REPORT BY CITY ATTORNEY\nANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda\nDistribution)

7. 22-696 Welcome to New OneHB Team Members\nCITY TREASURER'S REPORT

9. 23-111 Receive and File the City Treasurer’s December 2022 Quarterly\nInvestment Summary Report\nRecommended Action:\nReceive and File the City Treasurer’s Quarterly Investment Report for December 2022,\npursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach.\nCITY CLERK'S REPORT