City Council/Public Financing Authority

AGENDA CITY COUNCIL/PUBLIC FINANCING AUTHORITY Monday, August 20, 2018 Council Chambers 2000 Main Street Huntington Beach, CA 92648 Study Session - 3:30 PM / 5:00 PM Closed Session Regular Meeting - 6:00 PM MAYOR AND CITY COUNCIL MIKE POSEY, Mayor ERIK PETERSON, Mayor Pro Tem PATRICK BRENDEN, Councilmember BARBARA DELGLEIZE, Councilmember JILL HARDY, Councilmember WILLIAM O’CONNELL, Councilmember LYN SEMETA, Councilmember STAFF FRED A. WILSON, City Manager MICHAEL E. GATES, City Attorney ROBIN ESTANISLAU, City Clerk ALISA CUTCHEN, City Treasurer MEETING ASSISTANCE NOTICE: In accordance with the Americans with Disabilities Act, services are available to members of our community who require special assistance to participate in public meetings. If you require special assistance, 48-hour prior notification will enable the City to make reasonable arrangements for an assisted listening device (ALD) for the hearing impaired, American Sign Language interpreters, a reader during the meeting and/or large print agendas. Please contact the City Clerk’s Office at (714) 536-5227 for more information, or request assistance from the staff or Sergeant-at-Arms at the meeting. PUBLIC COMMENTS: To address the legislative body on items of interest not scheduled for public hearing, Request to Speak forms will be made available at the meeting and are collected by the staff or Sergeant at Arms. Some legislative bodies may provide different Request to Speak forms for public hearing items. AUDIO/VIDEO ACCESS TO BROADCASTED MEETINGS: City Council and Planning Commission meetings are televised live on HBTV-3 Channel 3, and can be viewed via live or archived website at https://huntingtonbeach.legistar.com. City Council/Public Financing Authority AGENDA August 20, 2018 24 Based on the amount of time needed to cover items in Study Session and Closed Session, the meeting will be called to order at 3:30 PM 3:30 PM - COUNCIL CHAMBERS CALL TO ORDER Mayor Posey has requested permission to be absent pursuant to Resolution No. 2001-54 ROLL CALL O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, Brenden ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS PERTAINING TO STUDY SESSION / CLOSED SESSION ITEMS (3 Minute Time Limit) STUDY SESSION 1. 18-250 Public Art Master Plan Proposal 2. 18-171 Consideration of Concerts on the Beach RECESS TO CLOSED SESSION CLOSED SESSION ANNOUNCEMENT(S) 3. 18-278 Mayor Pro Tem Peterson to Announce: Pursuant to Government Code § 54957.6, the City Council takes this opportunity to publicly introduce and identify designated labor negotiators: Fred A. Wilson, City Manager, Peter Brown, outside counsel and Chief Negotiator, Lori Ann Farrell-Harrison, Assistant City Manager; also in attendance: David Segura, Fire Chief, Robert Handy, Chief of Police, Gilbert Garcia, Chief Financial Officer, Michele Warren, Director of Human Resources regarding the following: Huntington Beach Firefighters' Association (HBFA), Management Employees' Organization (MEO), Municipal Employees’ Association (MEA), and Huntington Beach Police Officers’ Association (POA). CLOSED SESSION 4. 18-198 Pursuant to Government Code § 54956.9(d)(2) the City Council Page 1 of 7 City Council/Public Financing Authority AGENDA August 20, 2018 shall recess into Closed Session to confer with the City Attorney regarding potential litigation. Number of cases, one (1). 5. 18-233 Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed Session to confer with the City Attorney regarding the following lawsuit: Anthony Duran v. City of Huntington Beach, United States District Court Case No. 8:18-cv-00659 JVS (DFMx). 6. 18-234 Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed Session to confer with the City Attorney regarding the following lawsuit: Tiffany Tabares v. City of Huntington Beach and Eric Esparza, United States District Court Case No. 8:18-cv-00821 JLS (JDEx). 7. 18-271 Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed Session to confer with the City Attorney regarding the following lawsuit: Stephan Shay and Nathan Shay v. City of Huntington Beach; Rockett; Subia, United States District Court Case No. 8:17-CV-00744-AG (JCGx) 8. 18-273 Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed Session to confer with the City Attorney regarding the following lawsuit: City of Huntington Beach v. Randy Wooten, et al., Orange County Superior Court Case No. 30-2016-00848029 9. 18-274 Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed Session to confer with the City Attorney regarding the following lawsuit: City of Huntington Beach v. James Ishihara, et al., Orange County Superior Court Case No. 30-2017-00933769 10. 18-277 Pursuant to Government Code § 54957.6, the City Council shall recess into Closed Session to meet with its designated labor negotiators: Fred A. Wilson, City Manager, Peter Brown, outside counsel and Chief Negotiator, Lori Ann Farrell-Harrison, Assistant City Manager; also in attendance: David Segura, Fire Chief, Robert Handy, Chief of Police, Gilbert Garcia, Chief Financial Officer, Michele Warren, Director of Human Resources regarding the following: Huntington Beach Firefighters’ Association (HBFA), Management Employees’ Organization, Municipal Employees’ Association (MEA), and Huntington Beach Page 2 of 7 City Council/Public Financing Authority AGENDA August 20, 2018 Police Officers’ Association (POA). 11. 18-283 Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed Session to confer with the City Attorney regarding the following lawsuit: City of Huntington Beach vs. Surf City Beach Cottages, LP, Orange County Superior Court Case No. 30-2016-00874885 12. 18-287 Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed Session to confer with the City Attorney regarding the following lawsuit: Huntington Beach Police Officers' Association (HBPOA) v. City of Huntington Beach, Orange County Superior Court Case No. 30-2016-00884624 6:00 PM – COUNCIL CHAMBERS RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING Mayor Posey has requested permission to be absent pursuant to Resolution No. 2001-54 ROLL CALL O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, Brenden PLEDGE OF ALLEGIANCE 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. 13. 18-260 Led by Jody Osuna of the Alzheimer's Family Center and member of the Greater Huntington Beach Interfaith Council CLOSED SESSION REPORT BY CITY ATTORNEY AWARDS AND PRESENTATIONS 14. 18-262 Mayor Pro Tem Peterson to call on Victoria Alberty to present the Adoptable Pet of the Month. 15. 18-197 Mayor Pro Tem Peterson to present commendation to the Huntington Beach Chamber of Commerce’s Jeny Carpenter for her recent award from the Orange County Business Council recognizing her volunteer efforts with the Cystic Fibrosis Page 3 of 7 City Council/Public Financing Authority AGENDA August 20, 2018 Foundation. 16. 18-264 Mayor Pro Tem Peterson to call on students who participated in the Anjo, Japan Sister City Exchange Program who will provide overview of their experiences overseas. 17. 18-263 Mayor Pro Tem Peterson to call on Fire Chief David Segura who will present the Mayor’s Award to Fire Battalion Chief Mark Daggett. ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS (3 Minute Time Limit) COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS, AB 1234 REPORTING, AND OPENNESS IN NEGOTIATIONS DISCLOSURES CITY MANAGER'S REPORT 18. 18-175 MyHB App Phase II CONSENT CALENDAR 19. 18-211 Receive and file City Clerk's Quarterly listing of Professional Services Contracts filed in the City Clerk's office between April 1, 2018, and June 30, 2018 Recommended Action: Receive and file the "List of Professional Services Contracts Approved by Department Heads and Submitted to the Office of the City Clerk During the Period of April 1, 2018, through June 30, 2018." 20. 18-181 Approve and authorize execution of Professional Services Contract with Davis Farr, LLP, in an amount not to exceed $121,500 for Transient Occupancy Tax, Utility User Tax, and Lease Concession Audit Services Recommended Action: Approve and authorize the Mayor and City Clerk to execute the “Professional Services Contract Between the City of Huntington Beach and Davis Farr LLP , for Transient Occupancy Tax, Utility User Tax, and Lease Concession Audit Services” in an amount not to exceed $121,500. 21. 18-199 Approve and award the service contract for the fabrication and implementation of Central Library Wayfinding system to AHR Inc., dba Ampersand Contract Sign Group in the amount of $180,503; accept and approve the donation of $100,000 from the Page 4 of 7 City Council/Public Financing Authority AGENDA August 20, 2018 Friends of the Huntington Beach Public Library; and, allocate the funds to account number 10350101.64280 Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute “Services Agreement Between the City of Huntington Beach and AHR Signs Inc. dba Ampersand Contract Signing Group for the Fabrication and Installation of Central Library Wayfinding System,” located in Los Angeles, CA, in the amount of $180,503.30; and, B) Accept and approve the donation of $100,000.00 from the Friends of the Huntington Beach Public Library, in support of the fabrication and installation of the new directional wayfinding system, and allocate the funds to donation account 10350101.64280. 22. 18-267 City Council Position on Legislation pending before the State Legislature and Congress as recommended by the City Council Intergovernmental Relations Committee (IRC) Recommended Action: A) Approve a City position of Oppose on S. 3157 - Streamlining the Rapid Evolution and Modernization of Leading-edge Infrastructure Necessary to Enhance (STREAMLINE) Small Cell Deployment Act; and, B) Approve a City position of Oppose on Senate Bill 828 (Weiner) - Land Use Housing Element. ADMINISTRATIVE ITEMS 23. 18-099 Approve Annual Report and Fiscal Year 2018-19 Huntington Beach Downtown Business Improvement District (DTBID) Budget; and adopt Resolution No. 2018-43 Repealing Resolution No. 2018-33 and declaring the City’s intention to levy an annual assessment for Fiscal Year 2018-19 within the Huntington Beach Downtown Business Improvement District (DTBID); and, schedule a Public Hearing for September 17, 2018 Recommended Action: A) OPTION 1: a. Adopt Resolution No. 2018-43, “A Resolution of the City Council of the City of Huntington Beach Repealing Resolution No. 2018-33 and Declaring the City's Intention to Levy an Annual Assessment for Fiscal Year 2018-2019 Within the Huntington Beach Downtown Business Improvement District," including Exhibit A - Huntington Beach Downtown Business Improvement District 2017-2018 Annual Report, Exhibit B - Assessment Schedule, Boundary Map and List of Businesses to be Assessed, and Exhibit C - Types of Improvements and Activities to be funded by the levy of Page 5 of 7 City Council/Public Financing Authority AGENDA August 20, 2018 assessments on businesses within the Business Improvement Area; and b. Direct the City Clerk to schedule a public hearing to be held on September 17, 2018, and send copies of the Resolution of Intention, including the BID Boundary Map and assessment formula to each business to be assessed, and publish same in a newspaper of general circulation B) OPTION 2: a. Modify Exhibit B and change the boundary of the Downtown BID, ending the BID southern boundaries at 1st Street, removing Pacific City and the Waterfront Properties from the BID boundaries and Adopt Resolution No. 2018-43, “A Resolution of the City Council of the City of Huntington Beach Repealing Resolution No. 2018-33 and Declaring the City's Intention to Levy an Annual Assessment for Fiscal Year 2018-2019 Within the Huntington Beach Downtown Business Improvement District," including Exhibit A - Huntington Beach Downtown Business Improvement District 2017-2018 Annual Report, Exhibit B - Assessment Schedule, Boundary Map and List of Businesses to be Assessed, and Exhibit C - Types of Improvements and Activities to be funded by the levy of assessments on businesses within the Business Improvement Area; and b. Direct the City Clerk to schedule a public hearing to be held on September 17, 2018, and send copies of the Resolution of Intention, including the revised BID Boundary Map and assessment formula to each business to be assessed, and publish same in a newspaper of general circulation. COUNCILMEMBER ITEMS 24. 18-276 City Council Member Item for the August 20, 2018 City Council Meeting, Submitted by Councilmember Barbara Delgleize - Potential Expansion of Pickleball Opportunities Recommended Action: Direct the Community Services Commission to review and provide recommendations to the City Council on the feasibility of expanding pickleball opportunities within the community. COUNCILMEMBER COMMENTS (Not Agendized) ADJOURNMENT The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Tuesday, September 4, 2018, at 4:00 PM 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 Page 6 of 7 City Council/Public Financing Authority AGENDA August 20, 2018 http://www.huntingtonbeachca.gov Page 7 of 7