Huntington Beach — 2023-02-21

1. 23-158 City’s Infrastructure Report Card\nRECESS TO CLOSED SESSION\nCLOSED SESSION

10. 23-154 City Council to consider positions by Intergovernmental Relations\nCommittee (IRC)\nRecommended Action:\nConsider one or more of the actions on the following issues proposed by the IRC:\n1. Submit a Letter of Support for SB 381 (Min) - Electric Bicycles Study; and ,\n2. Recommend that staff issue Request for Qualifications for State Legislative\nAdvocacy Services and Federal Legislative Advocacy Services separately.\nCommunity Development Department

11. 23-104 Approve and authorize execution of Amendment No. 1 to License\nAgreement between the City of Huntington Beach and PCH Beach\nResort, LLC, for the beach concession at 21529 Pacific Coast\nHighway\nRecommended Action:\nA) Approve “Amendment No. 1 to License Agreement Between the City of Huntington\nBeach and PCH Beach Resort, LLC” for the Concession Stand at 21529 Pacific Coast\nHighway; and,\nB) Authorize the Mayor, City Manager, and City Clerk to execute the Amendment and\nother related documents.

12. 23-147 Consider for approval Bonanni Development Company IV, LLC\nAffordable Housing Agreement for the development of 35 ownership\nunits at 19070 Holly Lane\nRecommended Action:\nA) Approve the “Affordable Housing Agreement for 19070 Holly Lane , Huntington Beach\nby and Between the City of Huntington Beach, a California Municipal Corporation and\nBonanni Development Company IV, LLC, a Limited Liability Corporation” for the\ndevelopment of 35 ownership units at 19070 Holly Lane; and,\nB) Authorize the City Manager or their designee to implement and execute the Affordable\nHousing Agreement for the Project, including all necessary related documents; 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 the\nProject decide to rent instead of sell the townhomes due to market conditions; and,\nD) Authorize the Housing Authority Executive Officer or their designee to execute all\nnecessary implementing agreements and related documents .\nFire Department

13. 22-807 Authorize execution of an agreement with Toyota for vehicles for\nMarine Safety, Beach Parking, and Beach Maintenance and approve\nappropriation of funds\nRecommended Action:\nAuthorize the Mayor and City Clerk to execute “Promotional Agreement Between the City\nof Huntington Beach and Southern California Toyota Dealers Advertising Association” to\nprovide 24 vehicles for Marine Safety, Beach Parking, and Beach Maintenance uses;\napprove the appropriation of $216,869 in Equipment Replacement Fund 324 and $22,150\nin the General Fund Fleet Maintenance business unit 10085705 to upfit and maintain the\nvehicles.

14. 23-099 Adopt Resolution No. 2023-04 authorizing certain City Officials to\nexecute Grant Applications and Documents\nRecommended Action:\nAdopt Resolution No. 2023-04, “A Resolution of the City Council of the City of Huntington\nBeach Authorizing Certain City Officials to Execute Grant Applications and Documents.”

15. 23-100 Adopt Resolution No. 2023-05 authorizing certain City Officials to\nexecute Applications and Documents to Obtain Disaster and\nEmergency Relief\nRecommended Action:\nAdopt Resolution No. 2023-05, “A Resolution of the City Council of the City of Huntington\nBeach Authorizing Certain City Officials to Execute Applications and Documents to Obtain\nDisaster and Emergency Relief.”

16. 23-139 Adopt Resolution No. 2023-06 to accept Grant Funds from the\nCalifornia Department of Fish and Wildlife, Office of Spill Prevention\nand Response for Oil Response Equipment\nRecommended Action:\nAdopt Resolution No. 2023-06, “A Resolution of the City Council of the City of Huntington\nBeach to Accept Grant Funds from the California Department of Fish and Wildlife, Office\nof Spill Prevention and Response for Oil Spill Response Equipment.”\nPolice Department

17. 23-144 Adopt Ordinance No. 4275 to Amend to Huntington Beach Municipal\nCode Chapter 13.08.070 Relating to Dogs and Other Animals -\nApproved for Introduction February 7, 2023 - Vote: 7-0\nRecommended Action:\nAdopt Ordinance No. 4275, “An Ordinance of the City of Huntington Beach Amending\nChapter 13.08 of the Huntington Beach Municipal Code Relating to Dogs and Other\nAnimals.”\nPublic Works Department

18. 23-054 Award and authorize the execution of a construction contract with\nMehta Mechanical Company, Incorporated, in the amount of\n$10,648,600 for the Heil Avenue Storm Water Pump Station\nReplacement Project, CC-1293\nRecommended Action:\nA) Accept the lowest responsive and responsible bid submitted by the Mehta Mechanical\nCompany, Incorporated, in the amount of $10,648,600; and,\nB) Authorize the Mayor and the City Clerk to execute a construction contract in a form\napproved by the City Attorney .

19. 23-122 Authorize the City Manager to Sign a Letter of Commitment for the\nLocal Groundwater Supply Improvement Project (“Local SiP”)\nApplication for Grant Funds from the U.S. Department of the\nInterior’s Bureau of Reclamation WaterSMART Program and\nAuthorize Grant Matching Funds in the Amount of $25,000\nRecommended Action:\nAuthorize the City Manager to sign and submit the Letter of Commitment (Attachment 1) to\nMesa Water District for the Local SiP application for grant funds from the U.S. Department\nof the Interior’s Bureau of Reclamation WaterSMART Program and authorize grant\nmatching funds in the amount of $25 ,000.\nADMINISTRATIVE ITEMS

2. 23-151 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION.\n(Paragraph (1) of subdivision (d) of Section 54956.9). Name of case:\nGapezzani (Gary) v. John Romero, City of Huntington Beach; OCSC\nCase No.: 30-2021-01225030.

20. 23-157 Year-End Audit Results for the FY 2021/22 Annual Comprehensive\nFinancial Report (ACFR), Fiscal Year 2022/23 Mid-Year Budget\nAdjustments, and Fiscal Year 2022/23 Budget Update and Fiscal\nHealth Report\nRecommended Action:\nA) Receive and File the FY 2021/22 Annual Comprehensive Financial Report and other\nauditor-issued reports; and\nB) Receive and file the FY 2022/23 Budget Update and Fiscal Health Report (Attachment\n8); and,\nB) Approve mid-year budget adjustments to the FY 2022/23 Revised Budget in the funds\nand by the amounts contained in Attachment 3; and,\nC) Authorize additional Professional Services authority in the Fiscal Year 2022/23\nRevised Budget in the departments and by the amounts contained in Attachment 4; and,\nD) Approve and authorize the Mayor and City Clerk to execute “Amendment No. 1 to\nAgreement between the City of Huntington Beach and CSG Consultants, Inc. for On -Call\nBuilding Division Plan Review Services” (Attachment 5); and,\nE) Approve and authorize the Mayor and City Clerk to execute “Amendment No. 1 to\nAgreement between the City of Huntington Beach and True North Compliance Services,\nInc. for On-Call Building Division Plan Review Services” (Attachment 6); and,\nF) Accept, approve and authorize the City Manager to execute the grant agreement with\nthe State of California Energy Commission in the amount of $80,000 (Attachment 7).\nORDINANCES FOR INTRODUCTION

21. 23-162 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.”

22. 23-163 Approve the Introduction of Ordinance Nos. 4278, 4279, and 4281\nAmending Chapters 2.111, 2.64 and 2.100 of the Huntington Beach\nMunicipal Code Regarding the Citizen Infrastructure Advisory\nBoard/Public Works Commission, the Community and Library\nServices Commission, and Operating Policy for Boards and\nCommissions respectively\nRecommended Action:\nA) 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”; and/or ,\nB) 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 ,\nC) Approve for Introduction Ordinance No. 4281, “An Ordinance of the City of Huntington\nBeach Amending Chapter 2.100 to the Huntington Beach Municipal Code Regarding\nOperating Policy for Boards and Commissions.”

23. 23-165 Approve for Introduction Ordinance No. 4283 Adding Chapter 13.07\nof the Huntington Beach Municipal Code Relating to Government\nFlags on City Property\nRecommended Action:\nApprove for introduction Ordinance No. 4283, “An Ordinance of the City of Huntington\nBeach Amending Title 13 Public Property of the Huntington Beach Municipal Code Adding\nChapter 13.07 Relating to Government Flags on City Property .”

24. 23-176 Approve for Introduction Ordinance No. 4284 Amending Municipal\nCode 13.52 Relating to Public Conduct within City-Owned Public\nParking Structures\nRecommended Action:\nStaff recommends City Council approve for introduction Ordinance No. 4284, “An\nOrdinance of the City of Huntington Beach Amending Huntington Beach Municipal Code\nChapter 13.52 Relating to Public Buildings” regarding public conduct within City-owned\npublic parking structures.

25. 23-177 Approve for Introduction Ordinance No. 4273 Amending Municipal\nCode 13.48 Relating to the Use of Tents and Other Uses Within City\nParks\nRecommended Action:\nStaff recommends City Council approve the introduction of Ordinance 4273, “An\nOrdinance of the City Council of the City of Huntington Beach Amending Title 13 of the\nHuntington Beach Municipal Code Relating to Parking Lot and Camping Regulations in\nPublic Parks, and Making a Finding of Exemption Under CEQA” relating to the use of\ntents and other uses within City parks .\nCOUNCILMEMBER ITEMS

26. 23-172 Submitted by Councilmember Burns - SB 9 and SB 10 Impacts to\nHuntington Beach\nRecommended Action:\nDirect the City Attorney to take any legal action necessary to challenge SB 9 and SB 10\nand the laws that permit ADU’s. Also, direct the City Manager to cease the processing of\nall applications/permits brought to the City by developers under SB 9, SB 10, or State law\nrelated ADU projects, until the courts have adjudicated the matter(s).

27. 23-184 Submitted by Mayor Strickland and Mayor Pro Tem Van Der Mark -\nRequest to prepare a Invocation Policy\nRecommended Action:\nDirect the City Manager to work with the City Attorney to return to the City Council with a\nResolution for a City Council policy for the constituting of a list of religious associates or\nleaders, maintaining that list, evaluation of religious associates or leaders, and rotation\nsystem for religious leaders at City Council meetings to offer an invocation. The City\nAttorney should ensure that whatever policy is returned to Council for a vote is compatible\nwith Constitutional principles of government involved/restricted speech and exercise of\nreligion. In doing so, modifications or adjustments to this proposal are welcome from the\nCity Attorney.

3. 23-161 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, Acting Chief Financial Officer.\nEmployee Organization: Police Officers’ Association (POA).

4. 23-170 CONFERENCE WITH LEGAL COUNSEL-LITIGATION (Gov. Code\nsection 54956.9(d)(4).): Number of Matters: One (1).\n6:00 PM – COUNCIL CHAMBERS

5. 22-1118 Chaplain Roger Wing with the Huntington Beach Fire Department\nCLOSED SESSION REPORT BY CITY ATTORNEY\nANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After\nAgenda Distribution)

6. 23-174 Main Street Redevelopment Project - Additional Outreach Update

7. 23-159 Update on the Review of the City’s Membership in the Orange\nCounty Power Authority (OCPA) Joint Power Authority\nCITY CLERK'S REPORT

8. 23-166 Presentation on the Safe and Sane Fireworks Stand Application and\nLottery Process for 2023\nCONSENT CALENDAR\nOffice of City Clerk