City Council/Public Financing Authority

AGENDA CITY COUNCIL/PUBLIC FINANCING AUTHORITY Monday, October 15, 2018 Council Chambers 2000 Main Street Huntington Beach, CA 92648 Study Session - None / Closed Session - 4:30 PM 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 October 15, 2018 4:30 PM - COUNCIL CHAMBERS CALL TO ORDER ROLL CALL O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, Brenden ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS (3 Minute Time Limit) RECESS TO CLOSED SESSION CLOSED SESSION 1. 18-427 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: Shay v. City of Huntington Beach, et al.; USDC Case No.: 8:17-CV-00744-AG (JCGx). 2. 18-433 Pursuant to Government Code §54956.9(d)(2) the City Council shall recess into Closed Session to confer with the City Attorney regarding potential litigation. Number of cases, one (1). 3. 18-437 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), Municipal Employees’ Association (MEA), Management Employees’ Organization (MEO), Police Officers’ Association (POA), and Police Management Association (PMA). 4. 18-438 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: Gary Finney v. City of Huntington Beach Workers’ Compensation Case Claim No. COHB-18-0011. 6:00 PM – COUNCIL CHAMBERS Page 1 of 8 City Council/Public Financing Authority AGENDA October 15, 2018 RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING 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. 5. 18-305 Mark Currie of Bahá'í of Huntington Beach and member of the Greater Huntington Beach Interfaith Council CLOSED SESSION REPORT BY CITY ATTORNEY AWARDS AND PRESENTATIONS 6. 18-395 Mayor Posey to call on Victoria Alberty to present the Adoptable Pet of the Month. 7. 18-382 Mayor Posey to call on Julia Lynch, Executive Officer of Southeast County Young Marines to proclaim Red Ribbon Week as October 23-31. 8. 18-405 Mayor Posey to proclaim October as Arts and Humanities Month, and present proclamation to Mary Lou Shattuck and Mike Adams, Co-chairs of the Huntington Beach Art Center Foundation. 9. 18-434 Mayor Posey to call on members of the Huntington Beach Police Officers’ Foundation who will present a check from the Constable Classic Charity Golf Tournament to representatives from Talk About Curing Autism (TACA). 10. 18-396 Mayor Posey to call on Director of Community Development Ursula Luna-Reynosa who will present the Mayor’s Award to Code Enforcement Officer II, Jimmy Hoang ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) Page 2 of 8 City Council/Public Financing Authority AGENDA October 15, 2018 PUBLIC COMMENTS (3 Minute Time Limit) COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS, AB 1234 REPORTING, AND OPENNESS IN NEGOTIATIONS DISCLOSURES CITY MANAGER'S REPORT CITY ATTORNEY'S REPORT 11. 18-435 Court ruling on the City’s lawsuit against the State regarding SB 54, the Sanctuary State law 12. 18-436 Filing of new lawsuits in the City’s battle to combat illegal businesses, including illegal residential rehabilitation treatment facilities CONSENT CALENDAR 13. 18-414 Approve and Adopt Minutes Recommended Action: Approve and adopt the City Council/Public Financing Authority regular meeting minutes dated October 1, 2018, as written and on file in the Office of the City Clerk. 14. 18-328 Approve and authorize execution of Second Amendment to Site License Agreement between the City of Huntington Beach and ATC Outdoor DAS, LLC; and, authorize the City Manager to substitute and/or increase pole locations as needed Recommended Action: A) Approve and authorize the City Manager to execute “Second Amendment to Site License Agreement” with ATC Outdoor DAS, LLC; and , B) Authorize the City Manager to substitute pole locations as needed and increase pole locations by 10%, if needed . 15. 18-361 Approve and authorize execution of a three-year contract with InfoSend, Inc. to provide Utility Bill Statement Design, Print, Mail and Electronic Delivery Service Recommended Action: Approve and authorize the Mayor and City Clerk to execute “Service Agreement Between the City of Huntington Beach and InfoSend, Inc. for Bill Statement Printing, Processing and Delivery Services” in an amount not to exceed $978,000 over a three-year term; and authorize the City Manager to execute the attached contract . 16. 18-364 Approve and authorize execution of Orange County Transportation Authority's (OCTA) Utility Agreement No. Page 3 of 8 City Council/Public Financing Authority AGENDA October 15, 2018 UK048088 for the relocation of the City of Huntington Beach Sugar Drive Water Pipeline, CC-1585, for the 405 Widening Project Recommended Action: Authorize the Mayor and City Clerk to execute “Orange County Transportation Authority Utility Agreement UK048088” and to return all signed original agreements to OCTA for their final approval. 17. 18-412 Approve and authorize execution of a Joint Use Agreement between the City of Huntington Beach and the Westminster School District (WSD) for Clegg/Stacey Park, 6161 Larchwood Drive, Huntington Beach Recommended Action: Approve and authorize the Mayor and City Clerk to execute a “Joint Use Agreement Between the City of Huntington Beach and the Westminster School District.” 18. 18-413 Approve and authorize execution of a Small Cell License Agreement between the City and Mobilitie, LLC; and, approve the First Amendment to the Small Cell License Agreement between the City and new Cingular Wireless PCS, LLC, dba AT&T Mobility on City-owned street lights Recommended Action: A) Approve the “Small Cell License Agreement” between the City of Huntington Beach and Mobilitie LLC; and , B) Approve the First Amendment to Small Cell License Agreement between the City of Huntington Beach and new Cingular Wireless PCS, LLC, doing business as AT&T Mobility, approved as to form by the City Attorney; and , C) Authorize the City Manager , with review by the City Attorney, to increase up to 10% and substitute pole locations on an as needed basis, for both agreements. 19. 18-401 Approve City Council position on legislation pending before the State Legislature and Congress as recommended by the City Council Intergovernmental Relations Committee (IRC); and, authorize City staff and the City’s State Advocate to work with State legislators and County of Orange staff on crafting potential legislative language to examine the State’s property tax apportionment system Recommended Action: A) Approve a City position of support on H.R. 5724 (Rohrabacher) Restoring Community Oversight of Sober Living Homes Act of 2018; and, Page 4 of 8 City Council/Public Financing Authority AGENDA October 15, 2018 B) Approve a City position of Oppose on recently introduced proposed Bureau of Cannabis Control Regulations; and , C) Authorize City staff and the City’s State Advocate to work with State legislators and County of Orange staff on crafting potential legislative language to examine the State’s property tax apportionment system. 20. 18-370 Approve FY 2017/18 Year End Adjustment for the Workers’ Compensation Internal Service Fund Recommended Action: Approve the appropriation of $1,245,432 in the Fiscal Year 2017/18 Revised Budget in the General Fund (100) and transfer to the Self Insurance Workers’ Compensation Internal Service Fund (551). 21. 18-410 Approve FY 2017/18 Year-End Budget Adjustment for the General Liability Internal Service Fund Recommended Action: Approve the appropriation of $405,060 in the Fiscal Year 2017/18 Revised Budget in the General Fund (100) and transfer to the Self Insured General Liability Internal Service Fund (552). 22. 18-411 Approve the Franklin Park Conceptual Master Plan located at the former Franklin School site at 14422 Hammon Lane Recommended Action: Approve the Franklin Park Conceptual Master Plan as presented. 23. 18-397 Approve the September 2018 City of Huntington Beach Strategic Plan Update Recommended Action: Approve the September 2018 Strategic Objectives Update as contained within Attachment 1. 24. 18-399 Adopt Resolution No. 2018-58 Amending the Conflict of Interest Code Recommended Action: Adopt Resolution No. 2018-58, “A Resolution of the City Council of the City of Huntington Beach Amending its Conflict of Interest Code .” 25. 18-409 Adopt Resolution No. 2018-59 declaring the City Council’s intention to renew the Huntington Beach Tourism Business Improvement District (HBTBID); fix the time and place of a public meeting; and, call a public hearing Recommended Action: Adopt Resolution No. 2018-59 “A Resolution of the City Council of the City of Huntington Page 5 of 8 City Council/Public Financing Authority AGENDA October 15, 2018 Beach declaring its intention to renew the Huntington Beach Tourism Business Improvement District (HBTBID) and fixing the time and place of a public meeting and a public hearing thereon and giving notice thereof.” 26. 18-415 Adopt Ordinance 4155 amending Chapter 10.44 of the Huntington Beach Municipal Code (HBMC) relating to oversized vehicles (Approved for introduction as amended by Supplemental Communication on October 1, 2018 - Vote: 7-0) Recommended Action: Adopt Ordinance No. 4155, “An Ordinance of the City of Huntington Beach Amending Chapter 10.44 of the Huntington Beach Municipal Code Relating to Parking - Time Limits.” PUBLIC HEARING 27. 18-359 Approve Mitigated Negative Declaration No. 16-002, Resolution No. 2018-27 approving General Plan Amendment No. 16-001, and Ordinance No. 4161 approving Zoning Map Amendment No. 16-002 (Sea Dance Residential Development - 14422 Hammon Lane) Recommended Action: PLANNING COMMISSION AND STAFF RECOMMENDATION: A) Approve Mitigated Negative Declaration No. 16-002 with findings for approval (Attachment No.1); and, B) Approve General Plan Amendment No. 16-001 by adopting City Council Resolution No. 2018-27, “A Resolution of the City Council of the City of Huntington Beach Approving General Plan Amendment No. 2016-001 (Attachment No. 2);” and , C) Approve Zoning Map Amendment No. 16-002 with findings for approval and approve for introduction Ordinance No. 4161, “An Ordinance of the City of Huntington Beach Amending District Map 9 (Sectional Map 9-5-11) of the Huntington Beach Zoning and Subdivision Ordinance to Rezone the Real Property Located at 14422 Hammon Lane From Public - Semipublic (PS) to Residential Low Density (RL) and Open Space - Park and Recreation (OS - PR) Zoning Map Amendment No. 2016-002 (Attachment No. 3) . ADMINISTRATIVE ITEMS 28. 18-420 Approve for Introduction Ordinance No. 4165 Adding Chapter 12.40 to the Huntington Beach Municipal Code Making Shared Mobility Devices or Businesses Unlawful Recommended Action: Page 6 of 8 City Council/Public Financing Authority AGENDA October 15, 2018 Approve for Introduction Ordinance No.4165, “An Ordinance of the City Council of the City of Huntington Beach Adding Chapter 12.40 to the Huntington Beach Municipal Code Making Shared Mobility Devices or Businesses Unlawful.” 29. 18-428 Approve Tentative Agreement and introduction of proposed Memorandum of Understanding (MOU) between the Huntington Beach Municipal Employees’ Association (MEA) and the City of Huntington Beach for October 1, 2017, through September 30, 2019 Recommended Action: Approve the Tentative Agreement and the introduction of the proposed Memorandum of Understanding Between the Huntington Beach Municipal Employees’ Association and the City of Huntington Beach for the period October 1, 2017 , through September 30, 2019. 30. 18-431 Approve Tentative Agreement and introduction of proposed Memorandum of Understanding (MOU) between the Huntington Beach Firefighters’ Association (HBFA) and the City of Huntington Beach for July 1, 2018 through June 30, 2021 Recommended Action: Approve the Tentative Agreement and the introduction of the proposed Memorandum of Understanding Between the Huntington Beach Firefighters’ Association and the City of Huntington Beach for the period July 1, 2018 through June 30, 2021. 31. 18-432 Approve Tentative Agreement and introduction of proposed Memorandum of Understanding (MOU) between the Huntington Beach Management Employees’ Organization (MEO) and the City of Huntington Beach for November 1, 2017 through October 31, 2019 Recommended Action: Approve the Tentative Agreement and the introduction of the proposed Memorandum of Understanding Between the Huntington Beach Management Employees’ Organization (MEO) and the City of Huntington Beach for the period November 1, 2017 through October 31, 2019. COUNCILMEMBER ITEMS 32. 18-429 Item Submitted by Mayor Posey for the October 15, 2018, City Council Meeting - Exploration of Legal Remedies to hold CalPERS Accountable to their Fiduciary Responsibilities Recommended Action: Direct the City Attorney to explore any and all legal remedies to hold CalPERS accountable to their fiduciary responsibilities of providing a sustainable retirement system for those that serve California. Return to City Council within 90 days with a proposed strategy. Page 7 of 8 City Council/Public Financing Authority AGENDA October 15, 2018 33. 18-430 Item Submitted by Mayor Posey for the October 15, 2018, City Council Meeting - Filing of Claim with the Commission on State Mandates Related to the Passage of Assembly 109 Recommended Action: Direct the City Manager and the Police Chief to conduct an analysis of the existence of financial distress placed upon the City due to the implementation of Assembly Bill 109 and report back to the City Council within 90 days. If such financial distress exists, the City should investigate whether this would qualify as a Test Claim with the Commission on State Mandates. COUNCILMEMBER COMMENTS (Not Agendized) ADJOURNMENT The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Monday, November 5, 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 http://www.huntingtonbeachca.gov Page 8 of 8