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HomeMy WebLinkAbout2023-11-07 rmMinutes City Council/Public Financing Authority City of Huntington Beach Tuesday, November?,2023 4:00 PM -Council Chambers 6:00 PM -Council Chambers Civic Center, 2000 Main Street Huntington Beach, California 92648 A video recording of the 4:00 PM and 6:00 PM portions of this meeting is on file in the Office of the City Clerk, and archived at www.surfcity-hb.org/government/agendas/ 4:00 PM -COUNCIL CHAMBERS CALLED TO ORDER -4:01 PM ROLL CALL Present: Absent: Kalmick, Natalie Moser, Van Der Mark, Strickland, McKean, Bolton, and Burns None City Manager Al Zelinka was granted permission to be absent pursuant to City Charter Section 400. CITY COUNCILMEMBER COMMENTS (3-Minute Time Limit) Mayor Strickland and Councilmembers Burns and McKean honored the ISA World Para Surfing Event ; Councilmember Moser recognized the passing of beloved community member Diane Dwyer of the Assistance League, and Jan Tyler, former member of the Human Relations Task Force; Councilmember Bolton acknowledged November as Native American Heritage Month; and, Councilmember McKean recognized World Series winner Texas Rangers Relief Pitcher and Huntington Beach resident Ian Kennedy . ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS PERTAINING TO CLOSED SESSION ITEMS (Received After Agenda Distribution): Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced supplemental communications that were received by her office following distribution of the Council Agenda packet, which were all uploaded to the City's website and Councilmember iPads : Closed Session: Item #5 -One (1) e-mail communication. PUBLIC COMMENTS (3-Minute Time Limit) -3 Speakers The number [hh:mm :ss] following the speakers' comments indicates their approximate starting time in the archived video located at http://www.surfcity-hb .org/governmentlagendas. Shirley Dettloff was called to speak and stated her concern regarding Closed Session Items #4 Public Employee Appointment for City Manager, and #5 Public Employee Performance Evaluation of the City Council/PFA M inutes November 7, 2023 Page 2 of 14 Manager. She shared her support for City Manager Al Zelinka and noted the excellent service he has provided to the City. (00 :06:58) Pat Goodman was called to speak and stated her concern regarding Closed Session Items #4 Public Employee Appointment for City Manager, and #5 Public Employee Performance Evaluation of the City Manager. She shared her support for City Manager Al Zel inka and noted. the excellent service he has provided to the City. (00 :08 :47) Ken Inouye, a 50-year resident of Huntington Beach , was called to speak and stated his concern regarding Closed Session Items #4 Public Employee Appointment for City Manager, and #5 Public Employee Performance Eva l uation of the City Manager. He shared his support for City Manager Al Zelinka and noted the excellent service he has provided to the City. (00: 1 0: 14) A motion was made by Burns , second by Van Der Mark, to recess to Closed Session . RECESSED TO CLOSED SESSION -4:14 PM 1. 23-950 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Al Zelinka, City Manager and Melanie Chaney, Chief Negotiator; also in attendance: Jose Rodriguez, Human Resources Manager; Theresa St Peter, Interim Director of Human Resources; Travis Hopkins, Assistant City Manager; Michael E. Gates, City Attorney; Scott Haberle, Fire Chief and Sunny Han, Chief Financial Officer. Employee Organization : The Huntington Beach Firefighters' Association (HBFA). 2. 23 -951 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Al Zelinka, City Manager and Melanie Chaney, Chief Negotiator; also in attendance: Jose Rodriguez, Human Resources Manager; Theresa St Peter, Interim Director of Human Resources; Travis Hopkins, Assistant City Manager; Michael E. Gates, City Attorney; Scott Haberle, Fire Chief and Sunny Han, Chief Financial Officer. Employee Organization: Fire Management Association (FMA). 3. 23-964 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Whitaker (Brittany) v. City of Huntington Beach and Todd McClung; OCSC Case No.: 30-2021-01235807. 4. 23-967 PUBLIC EMPLOYEE APPOINTMENT (Gov. Code section 54957(b)(1 ).) Title: City Manager. 5. 23 -966 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Pursuant to Government Code §54957 for performance evaluation of the City Manager. 6. 23-965 CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION (Gov. Code section 54956.9(d)(2).): Number of matters: One (1). 6:00 PM -COUNCIL CHAMBERS RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING -6:00 PM ROLL CALL Council/PFA Minutes November 7, 2023 Page 3 of 14 Present: Absent: Kalmick, Natalie Moser, Van Der Mark, Strickland, McKean, Bolton, and Burns None City Manager Al Zelinka was granted permission to be absent pursuant to City Charter Section 400. PLEDGE OF ALLEGIANCE -Led by Councilmember McKean INVOCATION In permitting a nonsectarian invocation, the City does not intend to proselytize or advance any faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation . 7. 23-900 Rabbi Sruli Zavdi, Chabad, Huntington Beach Synagogue CLOSED SESSION REPORT BY CITY ATTORNEY -None ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced supplemental communications that were received by her office following distribution of the Council Agenda packet, which were all uploaded to the City's website and Councilmember iPads: Consent Calendar Items #8 (1 Staff memorandum), #9 (1 Staff memorandum), #11 (1 email communication), #13 (4 email communications, and #24 (1 email communication); Administrative Public Hearing #27 (1 staff email communication); and Ordinances for Introduction #28 (1 staff memorandum). Mayor Strickland announced that the developer for Public Hearing Item #26 (Bolsa Chica Senior Living Community) requested that the hearing be continued to a date uncertain. Council voted affirmatively to honor the developer's request 7 -0 (see Item #26). PUBLIC COMMENTS (3-Minute Time Limit) -37 Speakers The number [hh:mm :ss] following the speakers' comments indicates their approximate starting time in the archived video located at http://www.surfcity-hb .org/governmentlagendas. Andrew Einhorn, bus iness owner, was called to speak and stated his support for Consent Calendar Item #11 regarding application for CalOptima Health's Street Medicine Program to provide preventive health, urgent care and social services for homeless individuals at no direct cost to the City . He also shared his opinions related to effective leadership and urged a "No" vote on all proposed City Charter amendments . (00 :22 :37) Unnamed Guest was called to speak and stated his opposition to implementing a 21-member committee to ban books from City libraries. (00 :25 :50) Shammy Dingus, 30+-year Huntington Beach resident , was called to speak and shared her opinions on voter identification , voter suppression and election fraud in regard to the proposed City Charter amendment. (00 :28 :07) Council/PFA Minutes November 7, 2023 Page 4 of 14 Erik Peterson was called to speak and encouraged residents to remain actively involved in the on-going process related to the Bolsa Chica Senior Living Community, and noted the 248 th birthday of the Marine Corps, November 10, and Veterans Day, November 11. (00:30:49) Cari Swan was called to speak and stated her opposition to Public Hearing Item #26 regarding the proposed Bolsa Chica Senior Living Community . (00:31 :42) Unnamed Guest, a 37-year resident, was called to speak and stated opposition to Consent Calendar Item #13 regarding a Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Chamber of Commerce. (00:34:41) Carol Daus, Huntington Beach Library Volunteer, was called to speak and asked for details on how books will be relocated in the City's libraries and stated her support for more senior living facilities in Huntington Beach. (00:36:45) Luanne Nichols Shoup, a fourth generation Huntington Beach property owner and taxpayer, was called to speak and stated her opposition to Public Hearing Item #26 regarding the proposed Bolsa Chica Senior Living Community. (00:39:49) Ann Palmer, a 30+ year resident and Anti High-Density Development in Huntington Beach supporter, was called to speak and stated opposition to Public Hearing Item #26 regarding the proposed Bolsa Chica Senior Living Community. (00:41: 16) Butch Twining, 58-year resident and Planning Commissioner, was called to speak and stated his current opposition to Public Hearing Item #26 regarding the proposed Bolsa Chica Senior Living Community. (00:44:03) Pat Goodman was called to speak and stated support for Consent Calendar Item #11 regarding application for CalOptima Health's Street Medicine Program to provide preventive health, urgent care and social services for homeless individuals at no direct cost to the City; recommended further study for Item #13 regarding a Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Chamber of Commerce; and support for Public Hearing Item #26 regarding the proposed Bolsa Chica Senior Living Community. (00:47 :44) Neal was called to speak and stated support for Consent Calendar Item #11 regarding application for CalOptima Health's Street Medicine Program to provide preventive health, urgent care and social services for homeless individuals at no direct cost to the City, and support for Public Hearing Item #26 regarding the proposed Bolsa Chica Senior Living Community. (00:50: 10) Kathleen Mooney, a 45-year resident and homeowner, was called to speak and stated her opposition to Public Hearing Item #26 regarding the proposed Bolsa Chica Senior Living Community. (00:52:23) Christine Padesky, 40+ year homeowner, was called to speak and stated her opposition to Public Hearing Item #26 regarding the proposed Bolsa Chica Senior Living Community. (00:55:42) Unnamed Guest, a resident since 1985, was called to speak and stated her support for Consent Calendar Item #11 regarding application for CalOptima Health's Street Medicine Program to provide preventive health, urgent care and social services for homeless individuals at no direct cost to the City; concerns for Item #13 regarding execution of a Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Chamber of Commerce; and support for Public Hearing Item #26 regarding the proposed Bolsa Chica Senior Living Community. (00:58:57) Council/PFA Minutes November 7, 2023 Page 5 of 14 Russell Neal was called to speak and shared his opinions on how to govern issues related to property rights through consistently applied laws. (01 :01 :38) Rick Wood was called to speak and played a video of Chad Williams , Candidate for City Council in 2024, stating his opposition to Public Hearing Item #26 regarding the proposed Balsa Ch ica Senior Living Community. (01 :04:33) Unnamed Guest was called to speak and thanked City Manager Al Zelinka for his service to Huntington Beach. He stated his support for Consent Calendar Item #14 to approve FY 2022/23 Budget Adjustment for the City's Various Unfunded Liabilities and Year-End Audit Entries and suggested convening a Financial Analysis Team tasked with providing a quarterly comprehensive evaluation on the City's financial health. (01 :07: 16) Unnamed Guest was called to speak and thanked City Manager Al Zelinka for his service to Huntington Beach and shared her op i nions on the negative effects of recent decisions made by the current Council member majority. (01 :09:48) T im Geddes, homeowner and 40-year resident, was called to speak and shared his opinions regarding the lack of diversity being exhibited by the current Councilmember majority. (01: 13 :05) Jonathan Bonwit, a resident since 2009, was called to speak and stated his opposition to Public Hearing Item #26 regarding the proposed Balsa Chica Senior Living Community . (01: 15:56) David Rynerson, 25-year res ident, was called to speak and stated his opposition to Council action taken on October 23, 2023, authorizing the City Manager to withdraw from the Orange County Power Authority (OCPA). (01 :19:15) Unnamed Guest was called to speak and shared his personal frustrations related to his efforts to find the truth in his wife's 2016 death . (01 :22: 15) Wyn Dee Swartz, born and raised in Huntington Beach and 4th generation resident, was called to speak and provided an update on the City's progress to address the Glen Mar neighborhood perimeter wall safety and beautification project , and asked that the partially completed project not be forgotten . (01 :25 :14) Amory Hanson was called to speak and stated his support for Consent Calendar Item #15 regarding approving the updated Emergency Operations Plan (EOP) that includes the management, concepts and response procedures relative to large-scale disasters . (01 :27 :38) Robert Tummolo, a resident since 2010, was called to speak and stated opposition to Public Hearing Item #26 regarding the proposed Balsa Chica Senior Living Community . (01 :28:42) Jocyln Rabbit-S ire was called to speak and shared her opinions on the negative effects of recent decisions made by the current Councilmember majority . On behalf of her sister-in-law Laura Sire , she read a statement urging Councilmembers to spend more time considering Consent Calendar Item #13 regarding a Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Chamber of Commerce, and thanking City Manager Al Zelinka for his service to Huntington Beach. (01 :29:51) Council/PFA Minutes November 7, 2023 Page 6 of 14 Rebecca Laugenwalter, born and ra ised in Huntington Beach , was called to speak and stated her opposition to Public Hearing Item #26 regarding the proposed Balsa Ch ica Senior Living Community. (01 :32:49) . Nielan Barnes , a resident since 2008 , was called to speak and stated her opposition to Public Hearing Item #26 regarding the proposed Balsa Chica Senior Living Community. (01 :36:06) Joanna Weiss was called to speak and stated their opposition to proposed City Charter amendments . (01 :39 :09) Melvyn Sterling, Former Chair of Emergency Medicine at University of California Irvine, was called to speak and stated support for Consent Calendar Item #11 regarding application for CalOptima Health's Street Medicine Program to provide preventive health, urgent care and social services for homeless individuals at no direct cost to the City. (01 :40 :51) Tim Schultz , a resident of the Brightwater community, was called to speak and stated opposition to Public Hearing Item #26 regarding the proposed Balsa Chica Senior Living Community. (01 :42 :00) Lisa C., a Huntington Beach resident , was called to speak and stated her opposition to Public Hearing Item #26 regarding the proposed Bolsa'Chica Senior Living Community. (01 :45:02) Brian Thienes, a 36-year resident and Public Hearing Item #26 appellant, was called to speak and stated opposition to Public Hearing Item #26 regarding the proposed Balsa Chica Senior Living Community, and asked why his appeal was delayed just because the project developer asked for a Public Hearing delay. (01 :48:20) Alison Meyer, a 29-year resident, was called to speak and stated her opposition to Public Hearing Item #26 regarding the proposed Balsa Chica Senior Living Community . (01 :51 :34) John Villa, Chamber of Commerce Member, was called to speak and stated his support for Consent Calendar Item #13 regarding a Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Chamber of Commerce. (01 :53:46) Bree Anna Walker, not a resident of Huntington Beach, was called to speak and shared her personal experience of being falsely identified by a friend of Huntington Beach Councilmembers as attending the last meeting and clarified she did not attend that meeting, nor did she make the comments being falsely attributed to her. (01 :55 :19) COUNCIL COMMITTEE APPOINTMENT ANNOUNCEMENTS -None AB 1234 REPORTING -Councilmember Kalmick reported that he and Councilmembers Moser and Bolton attended a One-Stop Shop fac ility tour in Riverside on October 23, 2023. OPENNESS IN NEGOTIATION DISCLOSURES-Councilmember Kalmick reported meeting with the Police Officers ' Association (POA); Mayor Strickland , Mayor Pro Tern Van Der Mark and Councilmember McKean reported meeting with the Huntington Beach Fire Association (HBFA). CITY MANAGER'S REPORT -None Council/PFA Minutes November 7, 2023 Page 7 of 14 CONSENT CALENDAR Councilmember Kalm ick pulled Item #1 O; Council member Moser pulled Item #11 ; Councilmember Bolton pulled Item #13; Councilmember McKean pulled Item #14 , #17, and #20; and Councilmember Burns pulled Item #24 , all for further discussion . CITY CLERK 8. 23 -924 Approved and Adopted Minutes as Amended A motion was made by Strickland , second Van Der Mark to approve and adopt the City Council/Public Financing Authority regular meeting minutes of October 17, 2023, as amended by Supplemental Communication; and approve and adopt the City Council/Public Financing Authority special meet ing minutes of October 23, 2023. The motion as amended carried by the following roll call vote : AYES: NOES : Kalmick, Natalie Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns None 9. 23-956 Received and Filed October Update of Activities for Citizen Boards, Commissions, Committees (BCCs) and Regional Agencies A motion was made by Strickland, second Van Der Mark to receive and file. The motion carried by the following roll call vote : AYES: NOES : 10. 23-955 Kalmick, Natalie Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns None Received and filed the revised 2023 City Council Liaison List to Citizen Boards, Commissions and Committees (BCCs) updated November 2023 Councilmember Kalmick pulled this item to note for the record that he has not been appointed to serve on any board, commission or committee ; has been informed by various residents that some Councilmember liaisons show up to meetings late, or do not attend meetings ; and meetings are cancelled because there is no quorum. He congratulated Councilmember Moser for being elected to the Orange County Human Relations Commission. Councilmember Moser shared her opinion that residents would be better served if all Councilmembers were appointed to boards , commissions or committees. She requested the Liaison List be updated to reflect her appointment as the Orange County Human Relations Commission First District Representative by the City Selection Committee. A motion was made by Strickland, second Burns to receive and file the revised 2023 City Council Liaison List to Citizen Boards , Commissions and Committees updated November 2023 . The motion carried by the following roll call vot e : AYES: NOES: Kalmick, Natalie Moser, Van Der Mark, Strickland, McKean , Bolton , and Burns None Council/PFA Minutes November 7, 2023 Page 8 of 14 CITY MANAGER 11. 23-954 Approved submittal of a Letter of Interest and application for CalOptima Health's Street Medicine Program to provide preventive health, urgent care, and social services directly to homeless individuals at no direct cost to the City Council member Moser pulled this item to confirm with City Attorney Michael Gates that the date for the Letter of Interest would be changed to November 7, 2023, to reflect the date of Council's decision . She also reviewed some of the services CalOptima would provide through this program . A motion was made by Moser, second Strickland to approve the submission of the City's Letter of Interest and application to CalOptima Health 's Street Med icine Program; and authorize the City Manager to execute and submit all application documents on behalf of the City, as amended to update Letter of Interest date. The motion as amended carried by the following roll call vote : AYES: NOES: Kalmick , Natal ie Moser, Van Der Mark, Strickland , McKean, Bolton, and Burns None COMMUNITY DEVELOPMENT 12. 23-849 Approved Huntington Beach Tourism Business Improvement District (HBTBID) Annual Report for Fiscal Year (FY) 2023-24 A motion was made by Strickland , second Van Der Mark to approve the Huntington Beach Tourism Bus iness Improvement District (HBTBID) Annual Report for FY 2023-24. The motion carr ied by the following roll call vote : AYES: NOES: 13. 23-940 Kalmick, Natalie Moser, Van Der Mark, Strickland , McKean, Bolton, and Burns None CONTINUED TO A DATE UNCERTAIN request to authorize execution of a Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Chamber of Commerce to formally establish a partnership that defines the roles and responsibilities of both parties Councilmember Bolton pulled this item to recommend it be pulled for further consideration. She stated she does not oppose the Memorandum of Understanding (MOU) but rather would like time to address the public's concerns. Councilmember Bolton asked Economic Development Manager Kriss Casanova to describe the purpose of this MOU , which she stated updates rates pa id by the Chamber of Commerce for use of City facilities and services. Councilmember Burns stated his support for continuing this item to a date uncertain to allow time for more clarity. Council/PFA Minutes November 7 , 2023 Page 9 of 14 A motion was made by Bolton, second Burns to continue to a date uncertain request to approve and authorize the Mayor and City Clerk to execute a Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Chamber of Commerce. The motion as amended carried by the following roll call vote: AYES : NOES: FINANCE Kalmick, Natalie Moser, Van Der Mark, Strickland, McKean , Bolton, and Burns None 14. 23-957 Approved FY 2022123 Budget Adjustment for the City's Various Unfunded Liabilities and Year-End Audit Entries Councilmember McKean pulled this item to invite Chief Financial Officer Sunny Han to provide details for the benefit of the public and noted the actual $16M surplus to counter false information some members of the community are claiming. He stated Council approved budget numbers can be found on the City's website . Sunny Han , Chief Financial Officer, presented a PowerPoint communication titled FY 2022/23 Year-End Budget Adjustments for City's Unfunded Liabilities and Year-End Audit Entries, with slides entitled: Background; Strategic Plan Goals; Workers' Compensation; General Liability; Retiree Supplemental; Central Library Transformer Replacement; General Fund Adjustments Summary; Other Fund Adjustments (2); and Questions. A motion was made by Strickland, second Burns to increase appropriations for the FY 2022/23 Revised Budget by $119,243 in the funds and amounts contained in Attachment 1 to reconcile the budget with actual expenses incurred; and, approve the appropriation and transfers for the FY 2022/23 Revised Budget in the funds and by the amounts contained in Attachment 1; and, approve the appropriation and transfer of $12 ,620,000 into the Worke rs' Compensation, General Liability, Retirement Supplemental , and Infrastructure Funds from the General Fund year-end balances (see Attachment 1 ). The motion carried by the following roll call vote : AYES : NOES : FIRE Kalmick, Natalie Moser, Van Der Mark, Strickland , McKean , Bolton , and Burns None 15. 23-936 Adopted Resolution No. 2023 -54 to approve the updated Emergency Operations Plan (EOP) that includes the management, concepts, and response procedures relative to large-scale disasters A motion was made by Strickland, second Van Der Mark to adopt Resolution No . 2023-54, "A Resolution of the City Council of the City of Huntington Beach Approving the City's Emergency Operat ions Plan." The motion carried by the following roll call vote: AYES : NOES : Kalmick , Natalie Moser, Van Der Mark, Strickland, McKean, Bolton, and Burns None Council/PFA Minutes November 7, 2023 Page 10 of 14 16. 23-939 Approved and authorized execution of a contract between the City of Huntington Beach and Wittman Enterprises, LLC to provide billing services for emergency paramedic and ambulance services A motion was made by Strickland, second Van Der Mark to approve and authorize the Mayor and City Clerk to execute the "Professional Services Contract Between the City of Huntington Beach and Wittman Enterprises, LLC for Billing Services for Emergency Paramedic and Ambulance Service" in an amount not to exceed $1,400,000 over three years. The motion carried by the following roll call vote : AYES: NOES: 17. 23-949 Kalmick, Natalie Moser, Van Der Mark, Strickland, McKean, Bolton, and Burns None Approved and authorized execution of an agreement between the California Department of Health Care Services (DHCS) and City of Huntington Beach; authorized designated City staff to execute the agreement; and approved an appropriation of $2,282,450 for the agreement during FY 23/24? Councilmember McKean pulled this item to invite Fire Chief Haberle to provide details on the benefits of this program. Division Chief Lopez, the staff member responsible for bringing this opportunity forward, presented a PowerPoint communication titled Voluntary Rate Range /GT Program (VRRP /GT) with slides entitled: Recommendation; Background (2); Steps; Future; and Questions. A motion was made by Strickland, second Kalmick to approve and authorize execution of an agreement between the California Department of Health Care Services (DHCS) and City of Huntington Beach; and authorize the designation of the City Manager, Chief Financial Officer, and/or Fire Chief to execute the agreement; and approve an appropriation of $2,282,450 to business unit 10065403 as required by the agreement. The motion carried by the following roll call vote: AYES: NOES: Kalmick, Natalie Moser, Van Der Mark, Strickland, McKean, Bolton, and Burns None HUMAN RESOURCES 18. 23-962 Adopted Resolution No. 2023-57 authorizing the City Manager to submit disability applications for all members of the Public Employees Retirement System (PERS) and make determinations of disability for local safety members A motion was made by Strickland, second Van Der Mark to adopt Resolution No. 2023-57, "A Resolution of the City Council of the City of Huntington Beach authorizing the City Manager to submit disability applications for all members of the Public Employees Retirement System and make determinations of disability for local safety members", and repeal Resolution No. 2016-43. The motion carried by the following roll call vote: AYES: NOES: Kalmick, Natalie Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns None Council/PFA Minutes November 7, 2023 Page 11 of 14 PUBLIC WORKS 19. 23-909 Approved License Agreement with Huntington Gateway Industrial II, LLC to install and maintain all landscaping and landscaping improvements within the public rights-of-way for the Huntington Gateway Phase II Industrial Project A motion was made by Strickland, second Van Der Mark to approve and authorize the Mayor and City Clerk to execute and record the "License Agreement between the City of Huntington Beach and Huntington Gateway Industrial II, LLC to Provide Installation and Maintenance of Landscaping and Landscaping Improvements in the Public Right-of-Way" for the Huntington Gateway Phase II industrial project (Attachment 1 ). The motion carried by the following roll call vote: AYES: NOES: 20. 23-911 Kalmick, Natalie Moser, Van Der Mark, Strickland, McKean, Bolton, and Burns None Awarded and authorized the execution of a construction contract with Big Ben Engineering in the amount of $3,970,850 for the Edinger Avenue Sewer Replacement Project, CC-1662; and, authorized appropriation of funds Councilmember Kalmick pulled this item because approval will create extended traffic delays on Edinger Avenue, and invited Chau Vu, Director of Public Works, to present a PowerPoint communication titled Edinger Avenue Sewer Improvements with slides entitled Background; Edinger Avenue Sewer Improvements Location & Alignment; Funding and Schedule; Details; and Questions? A motion was made by Kalmick, second Stric;kland to approve a budget transfer of $1,337,325 from Account 51189021.82600 (PCH Restroom Sewer Lift Station Project) to Account 51189019 .82600 (Edinger Sewer Project) to fully fund the Edinger Sewer Project; and, accept the lowest responsive and responsible bid submitted by Big Ben Engineering, in the amount of $3,970,850; and, authorize the Mayor and City Clerk to execute a construction contract with Big Ben Engineering in a form approved by the City Attorney. The motion carried by the following roll call vote: AYES: Kalmick, Natalie Moser, Van Der Mark, Strickland, McKean, Bolton, and Burns NOES: None 21. 23-912 Accepted the lowest responsive and responsible bid and authorized execution of a construction contract with Sancon Technologies, Inc. in the amount of $1,432,642 for the Fiscal Year 22/23 Sewer Lining Project, CC-1728 A motion was made by Strickland, second Van Der Mark to accept the lowest responsive and responsible bid submitted by Sancen Technologies, Inc. in the amount of $1,432,642; and, authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. The motion carried by the following roll call vote: AYES: NOES: Kalmick, Natalie Moser, Van Der Mark, Strickland, McKean, Bolton, and Burns None Council/PFA Minutes November 7, 2023 Page 12 of 14 22. 23-913 Awarded and authorized execution of a construction contract with Vido Artukovich & Son lnc.Nidmar, Inc. A JV, in the amount of $4,193,450 for the Humboldt Sewer Lift Station Replacement Project, CC-1634; and authorized appropriation of funds A motion was made by Strickland , second Van Der Mark to accept the lowest responsive and responsible bid submitted by Vido Artukovich & Son lnc.Nidmar, Inc. A JV, in the amount of $4 ,193,450; and approve a budget transfer of $933,082 from Account 51189021 .82600 (PCH Restroom Sewer Lift Station Project) to Account 51189017 .82600 (Humboldt Sewer Lift Station Project) to fully fund the Humboldt Sewer Lift Station Replacement Project; and , authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney . The motion carried by the following roll call vote: AYES : Kalmick, Natalie Moser, Van Der Mark, Strickland , McKeon, Bolton, and Burns NOES: None 23. 23-926 Appropriated $210,000 from the Drainage Fund (211) to repair damage to the Hamilton Flood Control Station and Slater Flood Control Station A motion was made by Strickland, second Van Der Mark to appropriate $210,000 from the Drainage Fund (211) to repair damage to the Hamilton Flood Control Station and Slater Flood Control Station. The motion carried by the following roll call vote: AYES: Kalmick, Natalie Moser, Van Der Mark, Strickland, McKeon , Bolton, and Burns NOES : None 24. 23-942 Adopted Resolution No. 2023-58 authorizing the City's application for grant funds from the State Department of Parks and Recreation through the Habitat Conservation Fund Program to restore and realign portions of the existing trail at Shipley Nature Center Councilmember Burns pulled this item for clarification and justification for this major expense. Chau Vu, Director of Public Works, defined the project scope which involves nearly an acre of land area , and noted the project has not been designed nor has it gone out to bid. She confirmed that the state is looking closely at the City's grant application. She confirmed for Councilmember Burns that the area is very wet, and it is not possible to implement his suggestion of bringing in City-owned heavy equipment to grade the trail and then use City-generated wood chips to cover the trail. Council member Moser noted this area of the Shipley Nature Center remains closed and will only get worse if not addressed . She stated her support for applying for matching grant funds. She also confirmed with Director Vu that this action only commits to applying for grant funds and is not a commitment to proceed with the project. A motion was made by Moser, second Van Der Mark to adopt Resolution 2023-58 "A Resolution of the City Council of the City of Huntington Beach Approving the Application for Grant Funds from the Habitat Conservation Fund Program." The motion carried by the following roll call vote: AYES: Kalmick, Natalie Moser, Van Der Mark, Strickland, McKeon, Bolton , and Burns NOES: None Council/PFA Minutes November 7, 2023 Page 13 of 14 25. 23-941 Approved and authorized execution of a Cooperative Agreement with the Orange County Transportation Authority (OCTA) for the implementation of the Countywide Signal Synchronization Baseline Project A motion was made by Strickland, second Van Der Mark to approve and authorize the Mayor and City Clerk to execute "Cooperative Agreement No. C-3-2417 Between Orange County Transportation Authority and City of Huntington Beach for Countywide Signal Synchronization Baseline Project". The motion carried by the following roll call vote: AYES: NOES: Kalmick, Natalie Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns None PUBLIC HEARING 26. 23-841 PUBLIC HEARING NOT HELD --CONTINUED TO A DATE UNCERTAIN AT THE REQUEST OF THE DEVELOPER t1:'1e request to adopt Resolution No. 2023-51 approving General Plan Amendment No. 21-004; approve for introduction Ordinance No. 4305 approving Zoning Map Amendment No.· 21-003; adopt Resolution No. 2023-53 approving Zoning Text Amendment No. 22-005; adopt Resolution No. 2023-52 certifying Environmental Impact Report (EIR) No. 21-004; and, consider appeals by Council Member Burns and Brian Thienes of the Planning Commission's approval of Conditional Use Permit No. 21-024 (Bolsa Chica Senior Living Community) Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced supplemental communications that were received by her office following distribution of the Council Agenda packet, which were all uploaded to the City's website and Councilmember iPads: 2 letters and 134 email communications. A motion was made by Strickland, second Burns, to at the developer's request, continue the Bolsa Chica Senior Living Community unopened public hearing to a date uncertain . The motion carried by the following roll call vote: AYES: NOES: Kalmick, Natalie Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns None ADMINISTRATIVE PUBLIC HEARING 27. 23-751 CONTINUED TO NOVEMBER 21, 2023, AT APPELLANT'S REQUEST--Appeal of the Planning Commission's denial of Administrative Permit No. 22-015 (Legacy Living LLC Sober Living Reasonable Accommodation) A motion was made by Strickland, second Burns, to at the appellant's request, continue to November 21 the appeal of the Planning Commission's denial of Administrative Permit No. 22-015 with findings of denial (Attachment No. 1 ). The motion carried by the following roll call vote: AYES: Council/PFA Minutes November 7, 2023 Page 14 of 14 NOES: Kalmick , Natalie Moser, Van Der Mark, Strickland , McKean, Bolton , and Burns None ORDINANCES FOR INTRODUCTION 28. 23-910 ITEM WITHDRAWN Approve for introdustion Ordinanse No. 4303 and authorize requested shanges to Huntington Beash Munisipal Code Chapter 10.44.062 Relating to Parking Time Limits ADJOURNMENT -At 8:29 PM a motion was made by Strickland, and a second by McKean , to adjourn to the next regularly scheduled meeting of the Huntington Beach City Council/Publ ic Financing Authority on Tuesday , November 21, 2023 , in the Civic Center Council Chambers, 2000 Main Street, Huntington Beach , California . INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA AND STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT http://www.huntingtonbeachca.gov ATTEST: · City Clerk-Secretary C ity Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach and Secretary of the Public Financing Authority of the City of Huntington Beach, California Mayor-Chair