Huntington Beach — 2023-03-21

1. 23-265 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION.\n(Paragraph (1) of subdivision (d) of Section 54956.9). Name of case:\nTabares (Tiffany) v. City of Huntington Beach/Eric Esparza; OCSC\nCase No.: 30-2021-01200297.

11. 23-204 Receive and file the City Clerk’s quarterly listing of professional\nservices contracts filed in the City Clerk’s Office between July 1,\n2022 and December 21, 2022\nRecommended Action:\nA) Receive and file the “List of Professional Services Contracts Approved by Department\nHeads and Submitted to the Office of the City Clerk during the period of July 1, 2022 and\nSeptember 30, 2022;” and,\nB) Receive and file the “List of Professional Services Contracts Approved by Department\nHeads and Submitted to the Office of the City Clerk during the period of October 1, 2022\nand December 31, 2022.”\nCITY MANAGER'S OFFICE

12. 23-218 Approve the appointment of Kathy Carrick to the Mobile Home\nAdvisory Board (MHAB) as recommended by City Council Liaisons\nVan Der Mark and McKeon\nRecommended Action:\nApprove the appointment of Kathy Carrick as an At-Large Member of the MHAB through\nAugust 4, 2024, the end of term for the current vacancy.

13. 23-249 Approve and accept $1.5M from the State of California’s Budget Act\nof 2022 for Be Well OC in Huntington Beach Mobile Crisis Response\nProgram (“Be Well”) operations; authorize the City Manager and/or\nActing Chief Financial Officer to execute all funding documents; and\napprove the appropriation of funds received to Fund 1281\nRecommended Action:\nA) Approve and accept $1.5M from the State of California’s Budget Act of 2022 to\nsupport the operations of the Be Well OC in Huntington Beach Mobile Crisis Response\nProgram; and,\nB) Authorize the City Manager or Acting Chief Financial Officer to execute all documents\nto receive and manage the aforementioned state funds; and\nC) Approve appropriations to Fund No. 1281 for use towards Be Well.\nCOMMUNITY DEVELOPMENT DEPARTMENT

14. 23-183 Consider and direct staff to forward the 2022 Housing Element\nAnnual Progress Report to the California Department of Housing and\nCommunity Development and the Governor’s Office of Planning and\nResearch\nRecommended Action:\nApprove the 2022 Housing Element Annual Progress Report and direct staff to submit the\n2022 Housing Element APR to the California Department of Housing and Community\nDevelopment and Governor’s Office of Planning and Research.\nCOMMUNITY AND LIBRARY SERVICES DEPARTMENT

15. 23-211 Approve Amendment No. 1 to the Lease Agreement between the\nCity of Huntington Beach and Michael Ali, dba Zack’s Too Beach\nConcession\nRecommended Action:\nApprove and authorize the Mayor and City Clerk to execute ”Amendment No. 1 to Lease\nAgreement between the City of Huntington Beach and Michael Ali, dba Zack’s Too” for the\ncontinued operation of Zack’s Too Beach Concession.

16. 23-210 Approve and authorize execution of Amendment to Lease\nAmendment between the City of Huntington Beach and Michael and\nChristie Bartusick for Park Bench Café, for the operation of a\nrestaurant/food concession in Huntington Central Park\nRecommended Action:\nApprove and authorize the Mayor and City Clerk to execute the “Amendment to Lease\nAmendment between the City of Huntington Beach and Michael and Christie Bartusick,\ndba Park Bench Café” for a restaurant/food concession in Huntington Central Park.

17. 23-229 Approve five-year License Agreement with Southern California\nEdison for Langenbeck Park to expire March 31, 2028\nRecommended Action:\nApprove the License Agreement with Southern California Edison for the use of 8.19 acres\nof property known as Langenbeck Park (Contract No.9.5163), and authorize the Mayor\nand City Clerk to execute any and all documents necessary to conclude this transaction.\nPOLICE DEPARTMENT

18. 23-233 Utilization of State Asset Forfeiture Funds to fund travel to State and\nNational Peace Officers’ Memorials\nRecommended Action:\nStaff recommends City Council authorize the use of $60,000.00 in State Asset Forfeiture\nfunds to fund the outlined expenses.\nPUBLIC WORKS DEPARTMENT

19. 22-824 Approve and authorize execution of a Cooperative Agreement with\nthe Cities of Garden Grove and Westminster for a traffic signal\nsynchronization project along Bolsa Chica Street / Valley View\nStreet; place project on City of Huntington Beach Fiscal Year\n2022/2023 Capital Improvement Program; and authorize budget\nappropriation of local funds from the Air Quality Management District\nFund\nRecommended Action:\nA) Approve and authorize the Mayor and City Clerk to execute “Cooperative Agreement\nby and between the Cities of Huntington Beach, Garden Grove and Westminster for the\nValley View Street / Bolsa Chica Street Corridor Traffic Signal Synchronization Project”;\nB) Amend the City of Huntington Beach 2022/2023 Capital Improvement Program (CIP)\nto include the Traffic Signal Synchronization project along Valley View Street/Bolsa Chica\nStreet with a total project budget of $2,343,900;\nC) Allocate grant funds from the Orange County Transportation Authority of $1,735,949,\nproject matching funds from the City of Garden Grove in the amount of $135,608 and\nproject matching funds from the City of Westminster in the amount of $142,846 to a\ndesignated grant account approved by the Finance Department; and,\nD) Allocate City of Huntington Beach funds in the amount of $329,496 from the Air Quality\nManagement District (AQMD) fund to account no. 20190014.82700 .

2. 23-273 CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Gov. Code\nsection 54956.8.) Property: APN numbers 111-372-06 and 111-372-07.\nAgency negotiator: Al Zelinka, City Manager; Ursula Luna-Reynosa,\nDirector of Community Development; and Sean Crumby, Director of\nPublic Works. Negotiating parties: Timothy A. Fissinger, Vice\nPresident of Real Estate for Republic Services. Under negotiation:\nPrice and terms of payment.

20. 23-075 Accept the lowest responsive and responsible bid and authorize\nexecution of a construction contract with All American Asphalt in the\namount of $4,385,950 for the Residential Zone 2 Overlay Project,\nCC-1701\nRecommended Action:\nA) Accept the lowest responsive and responsible bid submitted by All American Asphalt\nconstruction company in the amount of $4,385,950; and,\nB) Appropriate $2,000,000 in HB Recovery Funds to Infrastructure Fund Account\n31490022.82300, and,\nC) Authorize the Mayor and City Clerk to execute a construction contract in a form\napproved by the City Attorney.

21. 23-171 Approve the West Orange County Water Board (WOCWB) proposed\nbudget for Fiscal Year 2023/24, with the City of Huntington Beach\ncontributing a cost share of $1,025,374\nRecommended Action:\nApprove the WOCWB proposed budget for Fiscal Year 2023/24, which includes the City’s\ncost share of $1,025,374.

22. 23-180 Approve execution of an Agreement between the City of Huntington\nBeach and the State of California Department of Parks and\nRecreation, Division of Boating and Waterways (DBW) for Stage 13\nPeriodic Nourishment of the Orange County Beach Erosion Control\nProject\nRecommended Action:\nApprove and authorize the Mayor and City Clerk to execute “Agreement Between the City\nof Huntington Beach and the State of California Department of Parks and Recreation,\nDivision of Boating and Waterways (DBW) for Stage 13 Periodic Nourishment of the\nOrange County Beach Erosion Control Project .”

23. 23-197 Approve and authorize execution of the First Amendment to the\nLicense Agreement between the City of Huntington Beach and\nOC405 Partners JV for the continued use of a City-owned parcel for\nthe I-405 Improvement Project\nRecommended Action:\nA) Approve the First Amendment to the License Agreement entitled “First Amendment to\nLicense Agreement by and between the City of Huntington Beach and OC405 Partners JV\nfor Temporary Use of City Property” (See Attachment); and\nB) Authorize the Mayor and City Manager to execute the License Agreement\nAmendment on behalf of the City .

24. 23-223 Accept bid and authorize execution of a construction contract with\nAguilar & Calderon Corporation in the amount of $887,541.50 for the\nLe Bard Park Improvements Project, CC-1668\nRecommended Action:\nA) Accept the lowest responsive and responsible bid submitted by Aguilar & Calderon\nCorporation in the amount of $887,541.50; and,\nB) Authorize the Mayor and City Clerk to execute a construction contract in a form\napproved by the City Attorney.\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 rights\nof 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.

25. 23-224 Adopt Resolution No. 2023-14 approving General Plan Amendment\nNo. 2021-003 (Housing Element Update), adopt Resolution No.\n2023-16 approving General Plan Amendment No. 2022-001 (General\nPlan Land Use Element Affordable Housing Overlay), approve for\nintroduction Ordinance No. 4289 approving Zoning Map Amendment\nNo. 2022-002 (Zoning Map Affordable Housing Overlay), approve for\nintroduction Ordinance No. 4291 approving Zoning Text Amendment\nNo. 2022-008 (HBZSO Chapter 229 Affordable Housing Overlay),\nadopt Resolution No. 2023-13 approving Zoning Text Amendment\nNo. 2022-009 (Beach and Edinger Corridor Specific Plan Affordable\nHousing Overlay), approve for introduction Ordinance No. 4290\napproving Zoning Text Amendment No. 2022-007 (Holly Seacliff\nSpecific Plan Affordable Housing Overlay), adopt Resolution No.\n2023-15 approving Subsequent Environmental Impact Report No.\n2022-002 with findings of fact and statement of overriding\nconsiderations (Housing Element Update and Associated Program\nImplementation Actions), and direct the City Manager to accept\napplications for permits related to accessory dwelling units (ADUs)\nand SB 9 development projects.\nRecommended Action:\nAction Recommended to Achieve an HCD Certified Housing Element\nA) Direct the City Manager to accept applications and process permits for accessory\ndwelling units (ADUs) and SB 9 development projects .\nCEQA Action\nB) Approve Subsequent EIR No. 22-002 with findings of fact and statement of overriding\nconsiderations by adopting City Council Resolution No. 2023 -15, “A Resolution of the City\nCouncil of the City of Huntington Beach certifying Final Subsequent Environmental Impact\nReport No. 22-002 for the City of Huntington Beach 6th Cycle Housing Element Update\n(2021-2029), adopting findings pursuant to the California Environmental Quality Act,\nadopting a statement of overriding considerations, and adopting a mitigation monitoring\nand reporting program” (Attachment No. 1);\nHousing Element Update Action\nC) Approve General Plan Amendment No. 21-003 (Housing Element Update) and adopt\nCity Council Resolution No. 2023 -14, “A Resolution of the City Council of the City of\nHuntington Beach approving General Plan Amendment No. 21-003 (2021-2029 Housing\nElement Update” (Attachment No. 2);\nImplementation Actions (Legislative Amendments)\nD) Approve General Plan Amendment No. 22-001 (General Plan Land Use Element\nAffordable Housing Overlay) and adopt City Council Resolution No. 2023-16, “A\nResolution of the City Council of the City of Huntington Beach approving General Plan\nAmendment No. 22-001 (Land Use Element and Land Use Map Updates” (Attachment\nNos. 3, 4 and 5);\nE) Approve Zoning Map Amendment No. 22-002 (Zoning Map Affordable Housing\nOverlay) with findings (Attachment No. 6) by approving for introduction Ordinance No.\n4289, “An Ordinance of the City of Huntington Beach amending District Maps 2 (Sectional\nMap 2-6-11), 27 (Sectional Map 24-5-11), 31 (Sectional Map 26-5-11), and 32 (Sectional\nMap 27-5-11) of the Huntington Beach Zoning and Subdivision Ordinance to add the\nAffordable Housing Overlay to real property within the City of Huntington Beach”\n(Attachment No. 7);\nF) Approve Zoning Text Amendment No. 22-008 (HBZSO Chapter 229 Affordable\nHousing Overlay) with findings (Attachment No. 6) by approving for introduction Ordinance\nNo. 4291, “An Ordinance of the City Council of the City of Huntington Beach amending the\nZoning and Subdivision Code of the City of Huntington Beach to add a new Chapter 229\n(Affordable Housing Overlay)” (Attachment No. 8);\nG) Approve Zoning Text Amendment No. 22-009 (Beach and Edinger Corridor Specific\nPlan Affordable Housing Overlay) with findings (Attachment No. 9) by adopting City\nCouncil Resolution No. 2023 -13, “A Resolution of the City Council of the City of Huntington\nBeach approving an amendment to the Beach and Edinger Corridors Specific Plan (SP\n14)” (Attachment No. 10); and\nH) Approve Zoning Text Amendment No. 22-007 (Holly Seacliff Specific Plan Affordable\nHousing Overlay) with findings (Attachment No. 11) by approving for introduction\nOrdinance No. 4290, “An Ordinance of the City Council of the City of Huntington Beach\namending the Holly-Seacliff Specific Plan (SP 9) to establish an Affordable Housing\nOverlay” (Attachment No. 12).\nADMINISTRATIVE ITEMS

26. 23-175 Approve modifications to the City Treasurer’s Department by\nadopting Resolution Nos. 2023-08, 2023-09 and 2023-10; approve for\nintroduction Ordinance No. 4287 Repealing Ordinance No. 3907\nrelating to the duties of the Finance Director; and, approve for\nintroduction Ordinance No. 4288 to reinstitute the City Treasurer’s\nPowers and Duties, as authorized in the City Charter\nRecommended Action:\nA) Approve the modification to the City Treasurer’s Department by: authorizing two\nadditional full-time equivalent positions (1 Deputy City Treasurer, 1 Accounting Technician)\nand increase the City Treasurer position from twenty to thirty hours per week; restore the\nreporting relationship of the current cashiering and collections area from the Finance\nDepartment to the City Treasurer’s Department; and, delete the current position of the\nFinance Manager and replace the position with that of Treasury Manager (no additional\nFTE or personnel cost). (See proposed City Treasurer’s Department Organizational Chart\nAttachment 5);\nB) Adopt Resolution 2023 -08, “A Resolution of the City Council of the City of Huntington\nBeach Amending the City’s Classification Plan by Adding the Job Classification of\nTreasury Manager and Establishing Compensation” including Exhibit B - Modified\nManagement Employees’ Organization Salary Schedule Effective April 1, 2023;\nC) Adopt Resolution 2023-09 , “A Resolution of the City Council of the City of Huntington\nBeach Amending the City’s Classification Plan by Adding the Job Classification of Deputy\nCity Treasurer and Establishing Compensation” including Exhibit 1 - Amended\nNon-Associated Appointed Executive Management Salary Schedule Effective April 1,\n2023;\nD) Adopt Resolution 2023 -10 “A Resolution if the City Council of the City of Huntington\nBeach Modifying Salary and Certain Benefits of the Elected City Treasurer” including\nExhibit 1B - Non-Associated Elected Executive Management Salary Schedule Effective\nApril 1, 2023;\nE) Authorize the City Manager to take all administrative actions necessary to implement\nthe reorganization;\nF) Approve General Fund appropriations of $75,000 to business unit 10025101 for FY\n2022/23;\nG) Approve for introduction Ordinance 4287, “An Ordinance of the City Council of the City\nof Huntington Beach Repealing Ordinance No. 3907 relating to the duties of the Finance\nDirector;” and,\nH) Approve for introduction Ordinance No. 4288, “An Ordinance of the City Council of\nHuntington Beach amending Chapter 2.15 relating to the duties of the Finance Department\nand re-adding Chapter 2.16 as amended relating to the duties of the Treasurer .”

27. 23-235 Campaign Contributions and Compliance with the Political Reform\nAct per Senate Bill 1439\nRecommended Action:\nReceive and file this report.

28. 23-271 Proposed 90-Day Plan to Address Homelessness in Huntington\nBeach\nRecommended Action:\nA) Receive and file this report; and\nB) Approve the proposed 90-Day Plan.

3. 23-276 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.

4. 23-266 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; Sunny Han, Acting Chief Financial Officer; and Alisa\nBackstrom, City Treasurer. Employee Organization: Police Officers’\nAssociation (POA)\n4:30 PM - COUNCIL CHAMBERS

5. 23-213 Economic Feasibility of Oil Wells Owned and Operated by the City of\nHuntington Beach

6. 23-250 Overview of Applied Ethics, Code of Conduct and Conflicts of\nInterest Best Practices\n6:00 PM – COUNCIL CHAMBERS

7. 23-281 Chaplain Roger Wing with the Huntington Beach Police Department\nCLOSED SESSION REPORT BY CITY ATTORNEY\nANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS\n(Received After Agenda Distribution)

8. 23-282 City Treasurer to provide a report on City of Huntington Beach\nexposure to current bank issues\nCITY MANAGER'S REPORT

9. 23-275 Recognizing Community & Library Services Director, Chris Slama\nfor his leadership and management while serving the City\nCONSENT CALENDAR\nCITY CLERK'S DEPARTMENT