Huntington Beach — 2024-05-07

1. 24-338 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION.\n(Paragraph (1) of subdivision (d) of Section 54956.9). Torres\n(Florence) v. City of Huntington Beach; OCSC Case No.:\n30-2023-01334230-CU-PO-CJC.

10. 24-359 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section\n54957.6.) Agency designated representatives: Eric Parra, Interim\nCity Manager; also in attendance: Marissa Sur, Director of Human\nResources; Travis Hopkins, Assistant City Manager; Michael E.\nGates, City Attorney; and Sunny Han, Chief Financial Officer.\nEmployee Organization: Non-Represented Employees (N/A).\n6:00 PM – COUNCIL CHAMBERS

11. 24-332 Huntington Beach Police Chaplain James Pike\nCLOSED SESSION REPORT BY CITY ATTORNEY\nANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda\nDistribution)

12. 24-317 Receive and File the City Treasurer’s Quarterly Investment Report\nfor March 2024\nRecommended Action:\nReceive and File the City Treasurer’s Quarterly Investment Report for March 2024,\npursuant to Section 18.0 of the Investment Policy of the City of Huntington Beach.\nCONSENT CALENDAR (Items 13-24)\nCity Clerk

13. 24-322 Approve and Adopt Minutes\nRecommended Action:\nApprove and adopt the City Council/Public Financing Authority regular meeting minutes of\nApril 16, 2024.

14. 24-323 Monthly Update of Activities for Citizen Boards, Commissions,\nCommittees (BCCs) and Regional Agencies - April 2024\nRecommended Action:\nReceive and File.\nCity Manager

15. 24-310 Consider positions on legislation pending before the State\nLegislature, as recommended by the Intergovernmental Relations\nCommittee (IRC)\nRecommended Action:\nApprove the legislative positions taken by IRC on April 17, 2024:\nA) OPPOSE AB 1886 (Alvarez). Housing Element law: substantial compliance: Housing\nAccountability Act.\nB) OPPOSE SB 450 (Atkins) Housing development: approvals\nC) OPPOSE SB 1037 (Wiener) Planning and zoning: housing element: enforcement\nD) OPPOSE SB 1211 (Skinner) Land use: accessory dwelling units: ministerial approval\nE) SUPPORT AB 2081 (Davies) Substance abuse: recovery and treatment programs.\nF) SUPPORT SB 1102 (Nguyen) Personal income tax law: corporation tax law: oil spill:\nexclusion\nG) SUPPORT SB 1214 California Commission on the Unites States Semiquincentennial\nFire

16. 24-321 Approve and authorize execution of the termination of City of\nHuntington Beach Memorandum of Understanding between the City\nof Huntington Beach and Friends of the HB Junior Guards\nRecommended Action:\nA) Approve and authorize the Interim City Manager to execute Termination of City of\nHuntington Beach Memorandum of Understanding with Friends of the HB Junior Guards\n(Att 1); and\nB) Appropriate $129,000 to business unit 10065205 for the purchase of Junior Lifeguard\nProgram clothing, uniforms and merchandise from the Friends of the HB City Junior\nGuards.

17. 24-325 Approve and authorize an agreement with Huntington Surf and Sport\nfor Junior Lifeguard Program clothing, uniforms and merchandise\nRecommended Action:\nApprove and authorize the Interim City Manager to execute the agreement with Huntington\nSurf and Sport for Junior Lifeguard Program clothing, uniforms and merchandise.

18. 24-311 Approve and authorize execution of Amendment No. 1 to the\nMemorandum of Understanding (MOU) between the City of\nHuntington Beach and Huntington Beach Fire Outreach Foundation\n(HBFOF)\nRecommended Action:\nApprove and authorize the Interim City Manager to execute Amendment No. 1 to the\nMemorandum of Understanding between the City of Huntington Beach and the Huntington\nBeach Fire Outreach Foundation.\nPolice

19. 24-281 Approve and authorize a three-year Service Agreement with the City\nof Newport Beach for supplemental law enforcement services\nRecommended Action:\nApprove and authorize the Mayor and City Clerk to execute the "Agreement for\nSupplemental Law Enforcement Services between the City of Huntington Beach and the\nCity of Newport Beach” in an amount not to exceed $120,000.\nPublic Works

2. 24-339 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION.\n(Paragraph (1) of subdivision (d) of Section 54956.9). Flanders\n(Emily) v. City of Huntington Beach; OCSC Case No:\n30-2023-01328127-CU-PA-WJC.

20. 24-072 Approve Agreement for Provision of Sewer Services for Tract 19245\nin the City of Fountain Valley\nRecommended Action:\nA) Approve and authorize the Mayor to execute the Agreement for Provision of Sewer\nServices (Attachment 2) between the City of Fountain Valley, the Developer, Bonanni\nDevelopment Company VI, LLC, and the City of Huntington Beach for Tract 19245 in the\nCity of Fountain Valley; and,\nB) Instruct the City Clerk to record the Agreement for Provision of Sewer Services with\nthe County of Orange Recorder’s office.

21. 24-232 Accept bid and authorize execution of a construction contract with\nKlassic Engineering & Construction, Inc. in the amount of\n$273,425.90 for the LeBard Park Improvements Project,\nCC-1668 and authorize change orders not to exceed 15 percent\nRecommended Action:\nA) Accept the next lowest responsive and responsible bid submitted by Klassic\nEngineering & Construction, Inc. in the amended amount of $273,425.90; and,\nB) Authorize the Mayor and City Clerk to execute a construction contract in the form\napproved by the City Attorney; and,\nC) Authorize the Director of Public Works to execute change orders not to exceed a total\nof 15 percent of the contract construction costs, or $41,013.89 .

22. 24-253 Approve AB 2766/MSRC Microtransit Service Grant Agreement with\nthe South Coast Air Quality Management District (“SCAQMD”) to\nprovide funding for the City’s downtown shuttle service agreement\nwith Circuit Transit, Inc. (“Circuit”)\nRecommended Action:\nA) Approve the AB 2766/MSRC Microtransit Service Grant Agreement with the South\nCoast Air Quality Management District for the downtown shuttle service agreement funding\nfor Circuit Transit, Inc.; and\nB) Grant permission to the Director of Public Works to execute the AB 2766/MSRC\nMicrotransit Service Grant Agreement with the South Coast Air Quality Management\nDistrict electronically; and\nC) Approve a budget appropriation of $279,186 for the AQMD/MSRC grant funds into\nbusiness unit 129185101.69505 .

23. 24-288 Approve Amendment No. 3 to the City’s Professional Services\nContract for On-Call Water and Engineering Services with HDR\nEngineering, Inc. to extend the contract term for an additional two\nyears\nRecommended Action:\nApprove Amendment No. 3 to Professional Services Contract for On-Call Water and\nEngineering Services with HDR Engineering, Inc .

24. 24-319 Adopt Resolution No. 2024-21 authorizing an application for funds for\nthe Environmental Cleanup, Tier 1 Grant Program under the Orange\nCounty Transportation Authority (OCTA) Environmental Cleanup\nProgram\nRecommended Action:\nAdopt Resolution No. 2024-21, “A Resolution of the City Council of the City of Huntington\nBeach Authorizing an Application for Grant Funds for the Environmental Cleanup Tier 1\nGrant Program Under the Orange County Transportation Authority Environmental Cleanup\nProgram.”

25. 24-247 Consideration of the 2024-2025 Annual Action Plan for Federal\nCommunity Development Block Grant (CDBG) and HOME\nInvestment Partnerships (HOME) Entitlement Grant Programs\nRecommended Action:\nStaff recommends that the City Council approve and authorize the following in compliance\nwith the Consolidated Plan Procedures of 24 CFR Part 91:\nA) Conduct a public hearing for the 2024-25 Action Plan; and,\nB) Adopt Resolution No. 2024-17, “A Resolution of the City Council of the City of\nHuntington Beach, California, Approving the 2024-2025 Annual Action Plan for Federal\nCommunity Development Block Grant and HOME Investment Partnerships Programs”;\nand,\nC) Authorize the City Manager to sign all necessary related documents.

26. 24-299 Approve Zoning Text Amendment No. 23-002 (Zoning Update) by\napproving for introduction Ordinance Nos. 4307, 4308, 4309, 4310,\n4311, 4312, 4313, 4314 and Resolution No. 2024-22; and, Approve for\nintroduction Ordinance No. 4322 amending Title 3 of the Huntington\nBeach Municipal Code (HBMC) titled Revenue and Finance\nRecommended Action:\nA) Find Zoning Text Amendment No. 23-002 exempt from the California Environmental\nQuality Act (CEQA) pursuant to City Council Resolution No. 4501, Class 20, which\nsupplements the California Environmental Quality Act because the request is a minor\namendment to the zoning ordinance that does not change the development standards\nintensity or density and in accordance with the BECSP Program Environmental Impact\nReport No. 08-008 certified by the Planning Commission on December 8, 2009. Pursuant\nto CEQA Guidelines Section 15162 and 15163, no subsequent EIR or supplement to the\nEIR need be prepared for this ZTA and no further environmental review or documentation\nis required;\nB) Approve Zoning Text Amendment No. 23-002 with findings (Attachment No. 1) and\napprove for introduction:\n1. Ordinance No. 4307, “An Ordinance of the City Council of the City of Huntington\nBeach Amending Chapter 203 Definitions of the Huntington Beach Zoning and\nSubdivision Ordinance (Zoning Text Amendment No. 23-002)”; (Attachment No.2)\n2. Ordinance No. 4308, “An Ordinance of the City Council of the City of Huntington\nBeach Amending Chapter 210 Residential Districts of the Huntington Beach Zoning\nand Subdivision Ordinance (Zoning Text Amendment No. 23-002)”; (Attachment\nNo. 3)\n3. Ordinance No. 4309, “An Ordinance of the City Council of the City of Huntington\nBeach Amending Chapter 211 C Commercial Districts of the Huntington Beach\nZoning and Subdivision Ordinance (Zoning Text Amendment No. 23-002)”;\n(Attachment No. 4)\n4. Ordinance No. 4310, “An Ordinance of the City Council of the City of Huntington\nBeach Amending Chapter 212 I Industrial Districts of the Huntington Beach Zoning\nand Subdivision Ordinance (Zoning Text Amendment No. 23-002)”; (Attachment\nNo. 5)\n5. Ordinance No. 4311, “An Ordinance of the City Council of the City of Huntington\nBeach Amending Chapter 218 M Mixed Use-Transit Center District of the\nHuntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No.\n23-002)”; (Attachment No. 6)\n6. Ordinance No. 4312, “An Ordinance of the City Council of the City of Huntington\nBeach Amending Chapter 230 Site Standards of the Huntington Beach Zoning\nCode and Subdivision Ordinance (Zoning Text Amendment No. 23-002)”;\n(Attachment No. 7)\n7. Ordinance No. 4313, “An Ordinance of the City Council of the City of Huntington\nBeach Amending Chapter 231 Off-Street Parking and Loading Provisions of the\nHuntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No.\n23-002)”; (Attachment No. 8)\n8. Ordinance No. 4314, “An Ordinance of the City Council of the City of Huntington\nBeach Amending Chapter 241 Conditional Use Permits and Variances -\nTemporary Use Permits-Waiver of Development Standards of the Huntington\nBeach Zoning and Subdivision Ordinance (Zoning Text Amendment No. 23-002)”;\n(Attachment No. 9)\n9. Resolution No. 2024-22, “A Resolution of the City Council of the City of Huntington\nBeach Approving an Amendment to the Beach and Edinger Corridors Specific\nPlan (SP 14) (Zoning Text Amendment No. 23-002)”; (Attachment No. 10) and\nC) Find the Municipal Code Amendment exempt from the California Environmental Quality\nAct Approve Municipal Code Amendment and approve for introduction: Ordinance No .\n4322, “An Ordinance of the City Council of the City of Huntington Beach Amending the\nHuntington Beach Municipal Code by Adding New Chapter 3.60 Entitled “Joint\nExercise of Power Agreements .” (Attachment No. 11)\nADMINISTRATIVE PUBLIC HEARING

27. 24-316 Conduct Administrative Public Hearing for the 2024 Annual Weed\nAbatement Program and authorize the Director of Public Works to\nproceed with abatement\nRecommended Action:\nA) Open a public hearing for any objections to the proposed removal of weeds and\nrubbish; and,\nB) Authorize the Director of Public Works to proceed with the abatement of the nuisance.

28. 24-313 Receive Public Comment Pursuant to CA Government Code - GOV §\n54954.6 Regarding the Modification of the Management District Plan\nfor the Huntington Beach Tourism Business Improvement District\nRecommended Action:\nReceive and file public comment related to the proposed modification of the Management\nDistrict Plan for the Huntington Beach Tourism Business Improvement District per adopted\nResolution No. 2024-13.\nCOUNCIL MEMBER ITEMS

29. 24-337 Item Submitted by Council Member Kalmick - Sign Code Update\n(HBZSO Section 233) - Request Action\nRecommended Action:\nA) Direct the City Manager to present a Zoning Text Amendment to strike Row 2 of\nHuntington Beach Zoning and Subdivision Ordinances Section 233.08 (O) - Temporary\nSigns, entitled “Non-Commercial signs in the public right-of-way”, by the July 16, 2024 City\nCouncil Meeting to ensure enough time to have the amended ordinance go into effect\nbefore the November 2024 election, as originally envisioned two years prior; and\nB) Direct the City Attorney’s Office to return to the City Council within 60 days with a legal\nmemo on the Sign Code as was proffered in February of 2024.

3. 24-340 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION.\n(Paragraph (1) of subdivision (d) of Section 54956.9). Clayton-Tarvin\n(Gina) v. City of Huntington Beach, Michael Gates, et al.; OCSC Case\nNo.: 30-2023-01329927.

30. 24-350 Item Submitted by Council Members Bolton, Kalmick, and Moser -\nHB Public Library: Vote of the People to Privatize/Outsource\n(Charter Amendment) and Postpone/Terminate RFP Process Until\nAfter Vote\nRecommended Action:\nDirect the City Manager, City Attorney and City Clerk to prepare resolutions, ordinances,\nand any other materials necessary to place two items for consideration on the November\n5, 2024 General Election ballot and agendize for a vote at our June 4, 2024 City Council\nMeeting:\n1) A Charter Amendment to require a majority vote of the City Council and a majority vote\nof the electors of Huntington Beach to approve any proposal that would change the\nwholesale management of the library, and/or any proposal to operate the library with a\nprivate contractor that would employ library staff to achieve cost savings; and,\n2) An advisory vote of the electors of Huntington Beach on whether to hire a third-party\ncontractor to operate the HBPL; a replacement of the current management structure, as\nproposed by the City Council at its March 19, 2024 meeting.\nAdditionally, direct the City Manager to cease any further work on the Request for\nProposals (RFP) as it relates to the action taken at the March 19, 2024 meeting.\nCOMMENTS AND MOMENT OF SILENCE TO HONOR THE PASSING OF FORMER MAYOR\nSHIRLEY DETTLOFF

4. 24-342 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION.\n(Paragraph (1) of subdivision (d) of Section 54956.9). Garcia\n(Guadalupe Leticia), et al. v. City of Huntington Beach, et al.; USDC\nCase No.: 8:23-cv-01771-FWS (ADSx).

5. 24-343 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION.\n(Paragraph (1) of subdivision (d) of Section 54956.9). Daniels (Enda)\nv. City of Huntington Beach; OCSC Case No.: 30-2023-01315163.

6. 24-344 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION.\n(Paragraph (1) of subdivision (d) of Section 54956.9). Pacific\nAirshow, LLC v. City of Huntington Beach and Kim Carr; OCSC Case\nNo. 30-2022-01287749.

7. 24-357 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION.\n(Paragraph (1) of subdivision (d) of Section 54956.9). Bixby (Mark) v.\nRobin Estanislau, et al.; OCSC Case No.:\n30-2023-01366664-CU-WM-CJC.

8. 24-360 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION.\n(Paragraph (1) of subdivision (d) of Section 54956.9). People of the\nState of California/Bonta v. City of Huntington Beach, et al.; Case No.\n30-2024-01393606-CU-WM-NJC.

9. 24-345 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section\n54957.6.) Agency designated representatives: Eric Parra, Interim\nCity Manager; also in attendance: Marissa Sur, Director of Human\nResources; Travis Hopkins, Assistant City Manager; Michael E.\nGates, City Attorney; and Sunny Han, Chief Financial Officer.\nEmployee Organization: Management Employees Organization\n(MEO).