Huntington Beach — 2023-12-19

1. 23-1032 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section\n54957.6.) Agency designated representatives: Eric Parra, Interim\nCity Manager and Melanie Chaney, Chief Negotiator; also in\nattendance: Jose Rodriguez, Human Resources Manager; Theresa\nSt Peter, Interim Director of Human Resources; Travis Hopkins,\nAssistant City Manager; Michael E. Gates, City Attorney; Scott\nHaberle, Fire Chief and Sunny Han, Chief Financial Officer.\nEmployee Organization: The Huntington Beach Firefighters’\nAssociation (HBFA).

10. 23-1023 Adopt Resolution No. 2023-59 approving the 2024 Investment Policy\nRecommended Action:\nAdopt Resolution 2023-59, “A Resolution of the City Council of the City of Huntington\nBeach Approving the Statement of Investment Policy 2024.”\nCommunity and Library Services

11. 23-1051 Authorize the appropriation of $160,500 from the AES Fund 1284 fund\nbalance for the design and installation of a new backstop and\nfencing for the City’s north softball field at Edison Park\nRecommended Action:\nAuthorize the appropriation of $160,500 from the AES contingency fund balance 1284 to\nAccount 128485005.82800 to complete the necessary softball field backstop and fencing\nimprovements at Edison Park.\nCommunity Development

12. 23-1031 Approve Local Coastal Program Amendment (LCPA) No. 23-002 by\nadopting City Council Resolution No. 2023-61 and request its\ncertification by the California Coastal Commission\nRecommended Action:\nApprove Local Coastal Program Amendment No. 23-002 by adopting Resolution No.\n2023-61, “A Resolution of the City Council of the City of Huntington Beach Adopting Local\nCoastal Program Amendment No. 23-002 and Requesting Its Certification by the\nCalifornia Coastal Commission,” (Attachment No. 1) .\nFinance

13. 23-1044 Adopt Successor Agency Resolution Nos. 2023-04 and 2023-05\napproving the Recognized Obligation Payment Schedule (ROPS) and\nAdministrative Budget for the Huntington Beach Successor Agency\nfor the period of July 1, 2024, through June 30, 2025, in accordance\nwith Health and Safety Code Section 34177 and related actions\nRecommended Action:\nA) Adopt Resolution No. 2023-04, “A Resolution of the Successor Agency to the\nRedevelopment Agency of the City of Huntington Beach Approving the Successor Agency\nAdministrative Budget for the Period July 1, 2024, through June 30, 2025;” and,\nB) Adopt Resolution No. 2023-05, “A Resolution of the Successor Agency to the\nRedevelopment Agency of the City of Huntington Beach Approving the Recognized\nObligation Payment Schedule for the Period July 1, 2024 - June 30, 2025 (‘ROPS\n24-25’).”

14. 23-1058 Accept and approve the Development Impact Fee (DIF) Report for\nFiscal Year 2022-23 and to make findings as required by\nGovernment Code Sections 66006 and 66001\nRecommended Action:\nAdopt Resolution No. 2023-62, “A Resolution of the City Council of the City of Huntington\nBeach to Accept and Approve the Development Impact Fee Report for Fiscal Year Ending\nJune 30, 2023 and to make the Findings as required by Government Code Sections\n66006(b) and 66001(d).”\nFire

15. 23-1049 Adopt Resolution No. 2023-63 approving the application for Whale\nTail Grant Funds from the California Coastal Commission\nRecommended Action:\nAdopt Resolution No. 2023-63, “A Resolution of the City Council of the City of Huntington\nBeach Approving the Application(s) for Whale Tail Grant Funds from California Coastal\nCommission.”\nHuman Resources

16. 23-1045 Adopt Resolution No. 2023-65 Amending the Memorandum of\nUnderstanding Between the City of Huntington Beach and the\nHuntington Beach Police Management Association by Adopting a\nSide Letter of Agreement\nRecommended Action:\nAdopt Resolution No. 2023-65, “A Resolution of the City Council of the City of Huntington\nBeach Amending the Memorandum of Understanding between the City of Huntington\nBeach and the Huntington Beach Police Management Association by Adopting a Side\nLetter of Agreement.”

17. 23-1041 Adopt Resolution No. 2023-64 modifying the pay schedule for\npart-time, non-permanent and non-classified employees to comport\nwith the State minimum wage increase effective January 1, 2024\nRecommended Action:\nAdopt Resolution No. 2023-64, “A Resolution of the City Council of the City of Huntington\nBeach Approving the Pay Schedule for Part-Time Non-Permanent and Non-Classified\nEmployees Effective January 1, 2024,” and authorize the City Manager or designee to\ntake all administrative and budgetary actions necessary to implement the revised pay\nschedule.\nPublic Works

18. 23-1054 Accept bid and authorize execution of a construction contract with\nPALP Inc. DBA Excel Paving Company in the amount of\n$4,398,952.10 for the Oak View Streetscape Improvement Project,\nCC-1689; and authorize 15% in contingency funds\nRecommended Action:\nA) Accept the lowest responsive and responsible bid submitted by PALP Inc. DBA\nExcel Paving Company in the amount of $4,398 ,952.10 (Base Bid + Alternate Bid Items\n(Schedule B)); and\nB) Authorize the Director of Public Works to approve up to a 15% contingency in\npotential construction change orders; and\nC) Authorize the Mayor and City Clerk to execute a construction contract with PALP Inc.\nDBA Excel Paving Company in a form approved by the City Attorney.

19. 23-1060 Approve and accept the public improvements, release the securities\nfor, and accept a Guarantee and Warranty Bond for the Huntington\nGateway Phase II Industrial Project\nRecommended Action:\nA) Accept the improvements constructed and dedicated for public use with the\nHuntington Gateway Phase II Industrial Project, and instruct the City Clerk to record the\nNotice of Acceptance of Public Improvements (Attachment 2) with the Orange County\nRecorder; and,\nB) Accept Guarantee and Warranty Bond No. 800043002 (Attachment 3); the security\nfurnished for guarantee and warranty of public improvements; and instruct the City Clerk to\nfile the bond with the City Treasurer; and,\nC) Instruct the City Clerk to notify the developer, Huntington Gateway Industrial II, LLC, of\nthis action, and the City Treasurer to notify the Surety, Atlantic Specialty Insurance\nCompany, of this action.

2. 23-1033 CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION\n(Gov. Code section 54956.9(d)(2).): Number of matters: One (1).

20. 23-1059 Approve two-year service agreement for downtown shuttle service\nprovider Circuit Transit, Inc. for a not to exceed amount of $1,535,426\nRecommended Action:\nA) Approve the two-year service contract with Circuit Transit, Inc. with a not-to-exceed\namount of $1,535,426; and\nB) Approve a budget appropriation in the amount of $806,240 for the OCTA Project V\ngrant funds into account 126390001.69505; and\nC) Grant the City Manager the authority to execute the cooperative agreement between\nthe City of Huntington Beach and Orange County Transit Authority; and\nD) Approve a budget appropriation in the amount of $100,000 from the In -Lieu Parking\nfund to 30885101.69505

21. 23-994 Consider the Bolsa Chica Senior Living Community Project -\nAdoption of Resolution No. 2023-51 approving General Plan\nAmendment No. 21-004; introduction of Ordinance No. 4305\napproving Zoning Map Amendment No. 21-003; adoption of\nResolution No. 2023-53 approving Zoning Text Amendment No.\n22-005; adoption of Resolution No. 2023-52 certifying Environmental\nImpact Report (EIR) No. 21-004; and, consider appeals by Council\nMember Burns and Brian Thienes of the Planning Commission’s\napproval of Conditional Use Permit No. 21-024\nRecommended Action:\nThe City Council may take the following actions or alternative actions:\nApplicant’s Request (Proposed Project)\nA) Certify Final Environmental Impact Report No. 21-004 (Attachment No. 16) as\nadequate and complete in accordance with California Environmental Quality Act (CEQA)\nrequirements by approving City Council Resolution No. 2023-52, “A Resolution of the City\nCouncil the City of Huntington Beach Adopting Environmental Impact Report No. 21-004\nfor the Bolsa Chica Senior Living Community Project” (Attachment No. 2); and\nB) Approve General Plan Amendment No. 21-004 and City Council Resolution No. 2023-\n51, “A Resolution of the City Council of the City of Huntington Beach Approving General\nPlan Amendment No. 21-004” (Attachment No. 3); and\nC) Approve Zoning Map Amendment No. 21-003 and approve for introduction City\nCouncil Ordinance No. 4305, “An Ordinance of the City of Huntington Beach Amending the\nHuntington Beach Zoning and Subdivision Ordinance to Rezone the Real Property\nGenerally Located on the Southwest Corner of Warner Avenue at Bolsa Chica Street from\nCG (Commercial General) to SP-19 (Bolsa Chica Senior Living Community Specific\nPlan)” (Attachment No. 4); and\nD) Approve Zoning Text Amendment No. 22-005 and City Council Resolution No. 2023-\n53, “A Resolution of the City Council of the City of Huntington Beach Adopting Zoning Text\nAmendment No. 22-005 by Creating the Bolsa Chica Senior Living Community Specific\nPlan (SP-19) to Apply to Real Property at the Southwest Corner of Warner Avenue at\nBolsa Chica Street” (Attachment No. 5); and\nE) Deny two appeals and uphold the Planning Commission’s approval of Conditional Use\nPermit No. 21-024 with findings and conditions of approval (Attachment No. 1).\nADMINISTRATIVE ITEMS

22. 23-1047 Introduction of the Proposed Memorandum of Understanding\nBetween the Huntington Beach Firefighter’s Association (HBFA) and\nthe City of Huntington Beach for January 1, 2024 through December\n31, 2026\nRecommended Action:\nApprove introduction of the proposed Memorandum of Understanding Between the\nHuntington Beach Firefighter’s Association and the City of Huntington Beach for the period\nJanuary 1, 2024, and December 31, 2026.

23. 23-1048 Introduction of the Proposed Memorandum of Understanding\nBetween the Huntington Beach Fire Management Association (FMA)\nand the City of Huntington Beach for January 1, 2024 through\nDecember 31, 2026\nRecommended Action:\nApprove introduction of the proposed Memorandum of Understanding Between the\nHuntington Beach Fire Management Association and the City of Huntington Beach for the\nperiod January 1, 2024, and December 31, 2026.\nORDINANCES FOR INTRODUCTION

24. 23-999 Approve for introduction Ordinance No. 4303 and authorize\nrequested changes to Huntington Beach Municipal Code Chapter\n10.44.062 Relating to Parking - Time Limits\nRecommended Action:\nApprove the introduction of Ordinance No. 4303, “An Ordinance of the City Council of the\nCity of Huntington Beach Amending Chapter 10.44 of the Huntington Beach Municipal\nCode Relating to Parking - Time Limits” to address special permits regarding parking\ntime limits for recreational vehicles .\nCOUNCIL MEMBER ITEMS

25. 23-1063 Item Submitted by Mayor Van Der Mark, Mayor Pro Tem Burns, and\nCouncil Member McKeon - Consider Establishing a Monthly Program\nto Honor the Historic Heritage of the United States, State of\nCalifornia, and City of Huntington Beach\nRecommended Action:\nRequest the City Manager to direct staff to implement the 2024 monthly program listed\nabove. In addition, form a Brown Act committee of 7-9 residents appointed by two Council\nliaisons to continue developing twelve-month programs (starting with 2025) designed to\ncelebrate and honor the rich historic heritage of the United States, California, and Huntington\nBeach. Each month will be dedicated to a specific theme, highlighting significant events,\nlandmarks, and influential figures that have shaped the history of our Nation, State, and City .\nThrough a series of engaging activities utilizing our libraries and media resources, residents\nand visitors alike will have the opportunity to explore, appreciate, and preserve the legacy of\nthe history that led Huntington Beach to be a great American city. (This series would be\nintended to be free of any identity politics and political agendas.)\nThe Committee would meet on a limited basis (1-3 times per year) to develop the\ntwelve-month calendar with their Council Liaisons and Staff Liaison to ensure that the City\nhas the ability to present the content. The Committee will then present the calendar to City\nCouncil for approval before the start of the year; amendments may also be presented as\nneeded. The Committee should be able to enlist the assistance of the Historic Resource\nBoard and City staff within reason via Council liaison requests. All monthly themes hosted by\nthe City must be included in this approved twelve-month program and will therefore repeal\nand supersede all such monthly themes/celebrations previously approved by Council. This\neffort excludes proclamations requested by outside groups and presented by the Mayor per\nAdministrative Regulation 512.

3. 23-1062 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION.\n(Paragraph (1) of subdivision (d) of Section 54956.9). Page (John &\nShaya) v. City of Huntington Beach and Eric Scott Cunningham;\nOCSC Case No.: 30-2022-01280954.\n6:00 PM – COUNCIL CHAMBERS

4. 23-985 Huntington Beach Police and Fire Chaplain Roger Wing\nCLOSED SESSION REPORT BY CITY ATTORNEY\nANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda\nDistribution)

5. 23-1038 Approve Mayor Van Der Mark’s 2024 Council Liaison List\nRecommended Action:\nAs recommended by the City Council, Public Financing Authority, Housing Authority,\nParking Authority, and Successor Agency: approve the 2024 Council Liaison List that\nincludes appointments to citizen boards, commissions, committees, and task forces as\npresented by Mayor Van Der Mark.\nThe City Clerk certifies that FPPC Form 806 “Agency Report of Public Official\nAppointments” which is used to report additional compensation that officials receive\nwhen appointing themselves to positions on committees, boards or commissions of a\npublic agency, special district and joint powers agency or authority was posted to the\nCity’s website according to law prior to this vote.\nAB 1234 REPORTING\nPer AB 1234 (Government Code Section 53232.3(d)) Councilmembers who attend a meeting,\nconference, or similar event at the expense of the City must provide a brief report of the meeting,\nconference, or similar event during the next regular City Council meeting. Reports are limited to 1\nminute.\nOPENNESS IN NEGOTIATION DISCLOSURES\nCouncilmembers must publicly disclose any meetings or communications with City employee\nassociations, related to the negotiations of labor agreements. Disclosures are limited to 1 minute\nand must be made by the next regular City Council Meeting.\nCITY MANAGER'S REPORT\nCONSENT CALENDAR\nCity Clerk

6. 23-1037 Approve and Adopt Minutes\nRecommended Action:\nA) Approve and adopt the City Council/Public Financing Authority regular meeting\nminutes of November 21, 2023; and,\nB) Approve and adopt the City Council/Public Financing Authority regular meeting\nminutes of December 5, 2023.

7. 23-1036 November Update of Activities for Citizen Boards, Commissions,\nCommittees (BCCs) and Regional Agencies\nRecommended Action:\nReceive and File.

8. 23-1035 Receive and file the Maddy Act Local Appointments List - 2024\n(terms on City boards, commissions, and committees that expire in\n2024) informing the public of openings and vacancies based on 2024\nexpiration of current members’ terms\nRecommended Action:\nReceive and file the Maddy Act Local Appointments List - 2024 showing vacancies that\nwill occur on City boards, commissions, and committees in the year 2024, and direct the\nCity Clerk to post the list at official posting locations (Civic Center, Huntington Central\nLibrary, and Main Street Library). Copies of the Maddy Act Local Appointments List -\n2024 will also be posted at all branch libraries and on the City’s website.\nCity Manager

9. 23-717 Approve and accept the Fiscal Year (FY) 2023-24 State Earmark\nFunding of $1,100,000 via the California Department of Housing and\nCommunity Development; authorize the City Manager and Chief\nFinancial Officer to execute documents; and appropriate the funds\ninto the FY 2023/24 Operating Budget\nRecommended Action:\nA) Approve and accept the FY 2023-24 State Funding of $1,100,000 via the California\nDepartment of Housing and Community Development awarded to the City of Huntington\nBeach; and\nB) Authorize the City Manager and Chief Financial Officer as the officials to execute any\naward-related documents to receive the funding; and\nC) Appropriate the funds totaling $1,100,000 in the FY 2023/24 City Manager’s Office,\nHomeless and Behavioral Health Division operating budget (Business Unit\n128130103.69365) .\nCity Treasurer