Huntington Beach — 2024-10-01

1.\nCONFERENCE 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 David Cain, Interim Chief Financial Officer. \nEmployee Organization: Huntington Beach Municipal Teamsters \n(HBMT).\n24-698

10.\nState v. City of Huntington Beach re Housing Element\nCONSENT CALENDAR (Items 11-24)\nCity Clerk\n24-688

11.\nApprove and Adopt Minutes\nApprove and adopt the City Council/Public Financing Authority regular meeting minutes of \nSeptember 17, 2024.\nRecommended Action:\n24-689

12.\nMonthly Update of Activities for Citizen Boards, Commissions, \nCommittees (BCCs) and Regional Agencies - September 2024\nReceive and File.\nRecommended Action:\nCity Manager\n24-678

13.\nConsider adoption of Resolution No. 2024-50 in Opposition to the \nStatewide Ballot Proposition 33, the Local Government Rent Control \nExpansion Act, as Recommended by the Intergovernmental \nRelations Committee (IRC)\nA) Adopt Resolution No. 2024-50, “A Resolution of the City Council of the City of \nHuntington Beach in Opposition to Proposition 33, the Local Government Rent Control \nExpansion Act,” which will set aside Resolution Nos. 4344 and 2024-23.\nRecommended Action:\nCommunity Development\n24-648

14.\nApprove and authorize execution of Amendment No. 2 to Schedule \nAGENDA\nOctober 1, 2024\nNo. 2, and the Associated Lease Memorandum for Leased Property \nat Bushard Fire Station Between the City of Huntington Beach and \nT-Mobile West Tower LLC, for a Wireless Communications Facility\nA) Approve and authorize the Mayor and City Clerk to execute “Amenment No. 2 to \nSchedule No. 2 of Leased Property” between the City of Huntington Beach and T-Mobile \nWest Tower LLC; and\nB) Approve and authorize the Mayor and City Clerk to execute the “Memorandum of \nAmendment No. 2 to Schedule No. 2 of Leased Property” between the City of Huntington \nBeach and T-Mobile West Tower LLC\nRecommended Action:\n24-656

15.\nApprove and authorize execution and recordation of a Lease \nAgreement with Surf City Partners, LLC for 21 and 22 Main Street at \nthe Huntington Beach Pier and Approve Building Fee Waivers\nA) Approve and authorize the Mayor and City Clerk to execute the “Lease Between the \nCity of Huntington Beach and Surf City Partners, LLC;” and,\nB) Direct the City Clerk to record lease agreement with the Orange County Clerk \nRecorder; and\nC) Approve the waiver of up to $50,000 in City permit fees related to plan check and \nbuilding division inspection fees.\nRecommended Action:\n24-687

16.\nApproval of Huntington Beach Tourism Business Improvement \nDistrict (HBTBID) Annual Report for Fiscal Year (FY) 2024-25\nApprove the HBTBID Annual Report for Fiscal Year 2024-25.\nRecommended Action:\nCommunity and Library Services\n24-691

17.\nApprove the appointment of Alan Ray to the Huntington Beach \nHistoric Resources Board as recommended by City Council Liaisons \nMayor Gracey Van Der Mark and Mayor Pro Tem Pat Burns\nApprove the appointment of Alan Ray to the Huntington Beach Historic Resources Board \nfor a term set to expire June 30, 2025, as recommended by City Council Liaisons Mayor \nGracey Van Der Mark and Mayor Pro Tem Pat Burns.\nRecommended Action:\nFire\nAGENDA\nOctober 1, 2024\n24-695

18.\nApprove and authorize execution of Amendment No. 1 with \nExcalibur Well Services, Corp; approve additional funding and \nappropriation of funds for the Civic Center Oil Well Abandonment \nProject\nA) Approve and authorize the Mayor and City Clerk to execute “Amendment No. 1 to \nService Agreement between the City of Huntington Beach and Excalibur Well Services, \nCorp. for Civic Center Well Abandonment;” and,\nB) Approve an appropriation of $1,150,000 from HB Recovery Funds to the Oil Well \nAbandonment business unit 31465001.82800.\nRecommended Action:\nHuman Resources\n24-677

19.\nApprove and authorize execution of Three-Year Professional \nServices Contracts for Workers’ Compensation Managed Care \nServices with Lien On Me, Inc. for Bill Review, and Arissa Cost \nStrategies, LLC for Utilization Review\nA) Approve and authorize the Mayor and City Clerk to execute “Professional Services \nContract Between the City of Huntington Beach and Lien On Me, Inc. for medical Bill \nReview services of the City’s Workers’ Compensation claims” in an amount not to exceed \n$525,000 for the three-year period, and\nB) Approve and authorize the Mayor and City Clerk to execute “Professional Services \nContract Between the City of Huntington Beach and Arissa Cost Strategies, LLC, for \nUtilization Review services of the City’s Workers’ Compensation claims” in an amount not \nto exceed $300,000 for the three-year period.\nRecommended Action:\nPolice\n24-676

2.\nCONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section \n54957.6.) Agency designated representatives: Eric Parra, Interim \nAGENDA\nOctober 1, 2024\nCity Manager; also in attendance: Marissa Sur, Director of Human \nResources; Travis Hopkins, Assistant City Manager; Michael E. \nGates, City Attorney and David Cain, Interim Chief Financial Officer. \nMarine Safety Management Association (MSMA).\n24-699

20.\nApprove and authorize execution of a one-year grant agreement \nwith the California Highway Patrol to provide overtime funding to \ncombat impaired driving, adopt Resolution No. 2024-48 accepting \ngrant funds and appropriation of funds.\nA) Approve and authorize the City Council to execute the grant agreement for “FY24/25 \nCTFGP Law Enforcement - Huntington Beach Police Department”\nB) Adopt Resolution No. 2024-48, “A Resolution of the City Council of the City of \nHuntington Beach Authorizing the Chief of Police to Accept Grant Funds from the State of \nRecommended Action:\nAGENDA\nOctober 1, 2024\nCalifornia Department of California Highway Patrol for DUI Saturation Patrols and \nStandardized Field Sobriety Test (SFST) Training”\nC) Appropriate grant funds in the amount of $84,480 to a new grant account for separate \ntracking.\n24-692

21.\nApprove and authorize execution of a Memorandum of \nUnderstanding (MOU) with the Huntington Beach Police Officers’ \nFoundation (HBPOF)\nApprove and authorize the Mayor and City Clerk to execute the "Memorandum of \nUnderstanding between the Huntington Beach Police Officers’ Foundation and the City of \nHuntington Beach.”\nRecommended Action:\nPublic Works\n24-640

22.\nApprove and authorize the execution of a Cooperative Agreement \nwith the Mesa Water District in the amount of $75,000 for a Feasibility \nStudy for an Interagency Water Transfer\nApprove and authorize the Mayor and City Clerk to execute the Cooperative Agreement \nwith the Mesa Water District in the amount of $75,000 for a Feasibility Study for an \nInteragency Water Transfer.\nRecommended Action:\n24-655

23.\nApprove and authorize the execution and recordation of a Storm \nWater Detention and Landscape Maintenance Agreement with the \nRoman Catholic Bishop of Orange for the Good Shepherd Cemetery \nLocated at 8301 Talbert Avenue\nA) Approve and authorize the Mayor and City Clerk to execute the “Storm Water \nDetention and Landscape Maintenance Agreement, between the City of Huntington Beach \nand Roman Catholic Bishop of Orange;” and,\nB) Instruct the City Clerk to record said Storm Water Detention and Landscape \nMaintenance Agreement (and attachments) with the Orange County Clerk Recorder.\nRecommended Action:\n24-660

24.\nApprove and authorize execution of an Agreement for sharing \nconsultant costs for completion of Joint Hazard Mitigation Plans and \nthe America’s Water Infrastructure Act of 2018 Update Projects with \nthe Municipal Water District of Orange County (MWDOC)\nRecommended Action:\nAGENDA\nOctober 1, 2024\nApprove and authorize the Interim City Manager to execute an Agreement for sharing \nconsultant costs for completion of Joint Hazard Mitigation Plans and the America’s Water \nInfrastructure Act of 2018 Update Projects with the Municipal Water District of Orange \nCounty.

25.\nPublic Hearing to Adopt Resolution No. 2024-42 for Annual \nAssessment Approval in the Huntington Beach Downtown Business \nImprovement District for Fiscal Year (FY) 2024-2025\nA) Conduct the Public Hearing; and, \nB) If written protests of at least 50% or more of the total assessments are not received, \nadopt Resolution No. 2024-42, “A Resolution of the City Council of the City of Huntington \nBeach Approving an Annual Assessment within the Huntington Beach Downtown Business \nImprovement District for FY 2024-2025.”\nRecommended Action:\n24-650

26.\nApprove Zoning Map Amendment No. 23-001 by introducing \nOrdinance No. 4306; Approve Zoning Map Amendment No. 23-002 by \nintroducing Ordinance No. 4316; Approve Zoning Map Amendment \nNo. 24-001 by introducing Ordinance No. 4321; Approve Zoning Map \nAmendment No. 24-003 by introducing Ordinance No. 4323; Approve \nZoning Map Amendment No. 24-004 by introducing Ordinance No. \n4324; Approve Zoning Map Amendment No. 24-005 by introducing \nOrdinance No. 4325; Approve Local Coastal Program Amendment \nNo. 24-001 by adopting Resolution No. 2024-14 (Continued from \nSeptember 3, 2024)\nA) Find the proposed project exempt from the California Environmental Quality Act \nRecommended Action:\nAGENDA\nOctober 1, 2024\n(CEQA) pursuant to Section 15183, Projects Consistent with a Community Plan or Zoning. \nB) Approve the following: \n1. Zoning Map Amendment No. 23-001 with findings (Attachment No. 1) and \nintroduce Ordinance No. 4306, “An Ordinance of the City Council of the City of \nHuntington Beach Amending the Huntington Beach Zoning and Subdivision \nOrdinance to Rezone 17 Parcels Consisting of City Parks and City Owned \nProperty into Conformance with their General Plan Designations (Zoning Map \nAmendment No. 23-001)”; (Attachment No. 7)\n2. Zoning Map Amendment No. 23-002 with findings (Attachment No. 2) and \nintroduce Ordinance No. 4316, “An Ordinance of the City Council of the City of \nHuntington Beach Amending the Huntington Beach Zoning and Subdivision \nOrdinance to Rezone 18 Parcels Consisting of Churches and Schools into \nConformance with their General Plan Designations (Zoning Map Amendment No. \n23-002)”; (Attachment No. 8)\n3. Zoning Map Amendment No. 24-001 with findings (Attachment No. 3) and \nintroduce Ordinance No. 4321, “An Ordinance of the City Council of the City of \nHuntington Beach Amending the Huntington Beach Zoning and Subdivision \nOrdinance to Rezone 23 Parcels within the Coastal Zone to be in Conformance \nwith their General Plan Designations (Zoning Map Amendment No. 24-001)”; \n(Attachment No. 9)\n4. Zoning Map Amendment No. 24-003 with findings (Attachment No. 4) and \nintroduce Ordinance No. 4323, “An Ordinance of the City Council of the City of \nHuntington Beach Amending the Huntington Beach Zoning and Subdivision \nOrdinance to Rezone 42 Parcels Consisting of Utility Type Uses into \nConformance with their General Plan Designations (Zoning Map Amendment No. \n24-003)”; (Attachment No. 10)\n5. Zoning Map Amendment No. 24-004 with findings (Attachment No. 5) and \nintroduce Ordinance No. 4324, “An Ordinance of the City Council of the City of \nHuntington Beach Amending the Huntington Beach Zoning and Subdivision \nOrdinance to Rezone 5 Parcels Consisting of Commercial Uses into \nConformance with their General Plan Designations (Zoning Map Amendment No. \n24-004)”; (Attachment No. 11)\n6. Zoning Map Amendment No. 24-005 with findings (Attachment No. 6) and \nintroduce Ordinance No. 4325, “An Ordinance of the City Council of the City of \nHuntington Beach Amending the Huntington Beach Zoning and Subdivision \nOrdinance to Rezone 28 Inconsistently Zoned Parcels into Conformance with their \nResidential General Plan Designations (Zoning Map Amendment No. 24-005)”; \nAGENDA\nOctober 1, 2024\n(Attachment No. 12)\n7. Local Coastal Program Amendment (LCPA) No. 24-001 with findings (Attachment \nNo. 3) by adopting City Council Resolution No. 2024-14, “A Resolution of the City \nCouncil of the City of Huntington Beach Adopting Local Coastal Program \nAmendment No. 24-001 and Requesting Certification by the California Coastal \nCommission”; (Attachment No. 9).\n24-680

27.\nApprove Zoning Text Amendment No. 23-002 (Zoning Update) by \nApproving for Introduction Ordinance No. 4310\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; \nB) Approve Zoning Text Amendment No. 23-002 with findings (Attachment No. 1) and \napprove for introduction Ordinance No. 4310, “An Ordinance of the City Council of the City \nof Huntington Beach Amending Chapter 212 I Industrial Districts of the Huntington Beach \nZoning and Subdivision Ordinance (Zoning Text Amendment No. 23-002)”; (Attachment \nNo. 2)\nRecommended Action:\nADMINISTRATIVE ITEMS\n24-621

28.\nReceive and file response to August 6, 2024, Council Member Item: \nTaxpayer Transparency - Evaluation of City Tax-Sharing\nReceive and file response to August 6, 2024, Councilmember Item: Taxpayer \nTransparency - Evaluation of City Tax-Sharing\nRecommended Action:\nCOUNCIL MEMBER ITEMS\n24-706

29.\nItem Submitted by Council Member McKeon, Mayor Van Der Mark, \nand Council Member Strickland - Support for AVX Network’s Federal \nFunding Account Grant Application: Digital Equity for Avalon, \nCatalina Island, and Surrounding Waterways\nCity Council support the AVX Network’s Last Mile Federal Funding Account application: \nDigital Equity for Avalon, Catalina Island, and Surrounding Waterways, and authorize the \nMayor to send a letter of support on behalf of the City of Huntington Beach. \nRecommended Action:

3.\nCONFERENCE 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 David Cain, Interim Chief Financial Officer. \nEmployee Organization: Management Employees' Organization \n(MEO).\n24-700

4.\nCONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. \n(Paragraph (1) of subdivision (d) of Section 54956.9). Mirabal \n(Jonathan Andrew) v. City of Huntington Beach, et al.; OCSC Case \nNo.: 30-2024-01398616-CU-PA-CJC.\n24-701

5.\nCONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. \n(Paragraph (1) of subdivision (d) of Section 54956.9). 117 Walnut LLC \nv. PowerDriveOil & Gas Company, LLC, City of Huntington Beach, et \nal.; OCSC Case No.: 30-2024-01395732-CU-NP-CJC\n24-702

6.\nCONFERENCE WITH REAL PROPERTY NEGOTIATORS - Property: \n21091 Pacific Coast Highway, Huntington Beach, CA, 92648 (APN \n024-281-16). Agency Negotiators: Eric Parra, Acting City Manager; \nTravis Hopkins, Assistant City Manager; Ashley Wysocki, Director of \nCommunity and Library Services; Chris Cole, Community and \nLibrary Services Manager; William Krill, Real Estate Project \nManager. Negotiating Parties: (Not Present) Dave Clapp DBA Jack’s \nBeach Concessions. Under negotiation: Price and terms of lease\n24-708

7.\nPUBLIC EMPLOYEE APPOINTMENT (Gov. Code section 54957(b)(1).) \nTitle: Acting City Manager.\n6:00 PM – COUNCIL CHAMBERS

8.\nHuntington Beach Police and Fire Chaplain Roger Wing\nCLOSED SESSION REPORT BY CITY ATTORNEY\nANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda\nDistribution)

9.\nUpdate on Police Department Staffing\nCITY ATTORNEY'S REPORT\n24-694