City Council/Public Financing Authority

AGENDA - Final-revised CITY COUNCIL/PUBLIC FINANCING AUTHORITY Monday, November 5, 2018 Council Chambers 2000 Main Street Huntington Beach, CA 92648 Study Session - 4:00 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 - Final-revised November 5, 2018 This revised agenda reflects changes to the City Council Agenda previously published on October 31, 2018: Consent Calendar Item No. 26 (18-473) is now listed as Administrative Item No. 34, Administrative Item No. 34 (18-477) is now listed as Consent Calendar Item No. 26; City Treasurer's Report Item No. 17 (18-362) Att #1 and Att #2 replaced, Administrative Item No. 33 (18-475) Att #5 replaced. 4:00 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 STUDY SESSION / CLOSED SESSION ITEMS (3 Minute Time Limit) STUDY SESSION 1. 18-417 False Alarm Ordinance HBMC 5.56 RECESS TO CLOSED SESSION CLOSED SESSION ANNOUNCEMENT(S) 2. 18-495 Mayor Posey 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: Robert Handy, Chief of Police, Gilbert Garcia, Chief Financial Officer, and Michele Warren, Director of Human Resources regarding the following: Huntington Beach Police Officers’ Association (POA). 3. 18-496 Mayor Posey to Announce: Pursuant to Government Code § 54957.6, the City Council takes this opportunity to publicly introduce and identify designated labor negotiator: Peter Brown, regarding labor negotiations with: Assistant City Manager, Chief Assistant City Attorney, Chief Financial Officer, Chief Information Officer, City Manager, Community Development Director, Page 1 of 9 City Council/Public Financing Authority AGENDA - Final-revised November 5, 2018 Community Services Director, Deputy Director of Community Development, Fire Chief, Human Resources Director, Library Services Director, Deputy Community Prosecutor, Police Chief, Public Works Director, as well as the elected City Attorney, City Clerk and City Treasurer. CLOSED SESSION 4. 18-455 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. 5. 18-470 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. Ishihara, Cool Calm Collective; Orange County Superior Court Case No. 30-2017-00933769. 6. 18-471 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, two (2). 7. 18-491 Pursuant to Government Code § 54957.6, the City Council shall recess into Closed Session to meet with its designated labor negotiator, Peter Brown, regarding labor negotiations with: Assistant City Manager, Chief Assistant City Attorney, Chief Financial Officer, Chief Information Officer, City Manager, Community Development Director, Community Services Director, Deputy Director of Community Development, Fire Chief, Human Resources Director, Library Services Director, Deputy Community Prosecutor, Police Chief, Public Works Director, as well as the elected City Attorney, City Clerk and City Treasurer. 8. 18-492 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: Robert Handy, Chief of Police, Gilbert Garcia, Chief Financial Officer, Michele Warren, Director of Human Resources regarding the following: Huntington Beach Police Officers’ Association (POA). 9. 18-499 Pursuant to Government Code § 54956.9(d)(1), the City Council Page 2 of 9 City Council/Public Financing Authority AGENDA - Final-revised November 5, 2018 shall recess into Closed Session to confer with the City Attorney regarding the following lawsuit: Corwin Bales v. City of Huntington Beach Workers’ Compensation Appeals Board Case No. ADJ3817323, ADJ11334659; ADJ10170655; ADJ4076756; ADJ11334662; ADJ1262815. 6:00 PM – COUNCIL CHAMBERS 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. 10. 18-376 Pastor Amy Yoon of the Surf City Methodist Church and member of the Greater Huntington Beach Interfaith Council CLOSED SESSION REPORT BY CITY ATTORNEY AWARDS AND PRESENTATIONS 11. 18-439 Mayor Posey to call on nurse practitioners Jill Olmstead and Cher Hagman to proclaim November 11-17 as “National Nurse Practitioner Week” 12. 18-476 Mayor Posey to call on RJ Mayer and Paulette Fischer of the Waterfront Resort, a Hilton Hotel, to present them with a commendation for their continued investment in the community 13. 18-390 Mayor Posey to call on representatives from ExperTec Automotive and present commendation for their 25 years of service to Huntington Beach 14. 18-391 Mayor Posey to present Huntington Beach Sustainable Business Certifications to the following businesses: Visit Huntington Beach (VHB), Wellbee, and Vegware US 15. 18-394 Mayor Posey to present commendations to newly crowned Miss Huntington Beach Queen Lily Orlando and her court Page 3 of 9 City Council/Public Financing Authority AGENDA - Final-revised November 5, 2018 16. 18-465 Mayor Posey to call on representatives from Special Olympics who will thank Huntington Beach Police Department for their participation in the annual Tip-A-Cop fundraiser 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 CITY TREASURER'S REPORT 17. 18-362 Receive and File the City Treasurer's September 2018 Quarterly Investment Summary Report Recommended Action: Receive and File the City Treasurer’s Quarterly Investment Report for September 2018, pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach . CITY ATTORNEY'S REPORT 18. 18-494 The City Attorney’s office filed a Petition for Review with the United States Court of Appeals for the Ninth Circuit and with the Federal Communications Commission on August 24 and 25, 2017, respectively, entitled: CITY OF HUNTINGTON BEACH vs. FEDERAL COMMUNICATIONS COMMISSION, and UNITED STATES OF AMERICA; US Court of Appeals Case No.: 18-72893. CONSENT CALENDAR 19. 18-456 Approve and Adopt Minutes Recommended Action: Approve and adopt the City Council/Public Financing Authority regular meeting minutes dated October 15, 2018, as written and on file in the Office of the City Clerk. 20. 18-451 Approve and authorize execution of Professional Services Contracts for On-Call Construction Management and Engineering Services with Wallace and Associates Consulting, Inc., Dudek, and Vali Cooper and Associates, Inc., each in the amount of $1,500,000 Recommended Action: Page 4 of 9 City Council/Public Financing Authority AGENDA - Final-revised November 5, 2018 A) Approve and authorize the Mayor and City Clerk to execute $1,500,000 Professional Services Contract between the City of Huntington Beach and Wallace and Associates Consulting, Inc. for On Call Construction Management and Engineering Services; and , B) Approve and authorize the Mayor and City Clerk to execute $1,500,000 Professional Services Contract between the City of Huntington Beach and Dudek for On Call Construction Management and Engineering Services; and , C) Approve and authorize the Mayor and City Clerk to execute $1,500,000 Professional Services Contract between the City of Huntington Beach and Vali Cooper and Associates, Inc. for On Call Construction Management and Engineering Services. 21. 18-453 Approve and authorize execution of a contract with RSG, Inc. in the amount of $90,000 for Affordable Housing Compliance Monitoring of the HOME Investment Partnership Program, Redevelopment, and City Projects Recommended Action: Approve and authorize the City Manager to execute a three (3) year “Professional Services Contract Between the City of Huntington Beach and RSG, Inc. for Affordable Housing Compliance Monitoring” in an amount not-to-exceed $90,000. 22. 18-441 Approve and authorize execution of Amendment No. 1 with Hinderliter, de Llamas and Associates for Sales and Use Tax Auditing Services; and, increase appropriations and Professional Services Authority accordingly Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute “Amendment No. 1 to the Professional Services Contract between the City of Huntington Beach and Hinderliter, de Llamas and Associates for Sales and Use Tax Analysis;” and , B) Increase Appropriations and Professional Services Authority in the Finance Department Accordingly. 23. 18-445 Approve and authorize execution of Amendment No. 1 to the Limited Term Partial Basin Equity Assessment Exemption Agreement between Orange County Water District (OCWD) and City of Huntington Beach (Financial Aid for the Well No. 9 Treatment Project CC-1392) Recommended Action: Approve and authorize the Mayor and City Clerk to execute “Amendment No. 1 to Limited Term Partial Basin Equity Assessment Exemption Agreement Between Orange County Water District and City of Huntington Beach (Huntington Beach Well No. 9).” 24. 18-459 Approve the Franklin Park Conceptual Master Plan located at the Page 5 of 9 City Council/Public Financing Authority AGENDA - Final-revised November 5, 2018 former Franklin School site at 14422 Hammon Lane Recommended Action: Approve the Franklin Park Conceptual Master Plan as presented. 25. 18-467 Approve Fiscal Year 2017/18 Year End Budget Adjustments and Inter-fund Transfers; and increase appropriations by $272,000 in the CUPA Fund (Fund 501) Recommended Action: A) Approve the year-end inter-fund transfers for the Fiscal Year 2017/18 Revised Budget in the Funds and by the amounts contained in Attachment 1; and, B) Increase appropriations by $272,000 in the CUPA Fund (Fund 501) to reconcile the budget with actual expenses incurred. 26. 18-477 Adopt Resolution No. 2018-66 amending the City’s Classification Plan by adding the classification of Environmental Services Manager and establishing the Compensation Recommended Action: Adopt Resolution No. 2018-66, “A Resolution of the City Council of the City of Huntington Beach Amending the City’s Classification Plan by Adding the Job Classification of Environmental Services Manager and Establishing the Compensation.” 27. 18-478 Adopt Resolution No. 2018-67 amending the City’s Classification Plan by adding the classification of Senior Legal Assistant and establishing the Compensation Recommended Action: Adopt Resolution No. 2018-67, “A Resolution of the City Council of the City of Huntington Beach Amending the City’s Classification Plan by Adding the Job Classification of Senior Legal Assistant and Establishing the Compensation.” 28. 18-457 Adopt Ordinance No. 4161 approving Zoning Map Amendment No. 16-002 (Sea Dance Residential Development - 14422 Hammon Lane) (Approved for introduction October 15, 2018 - Vote: 7-0) Recommended Action: Adopt 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.” Page 6 of 9 City Council/Public Financing Authority AGENDA - Final-revised November 5, 2018 29. 18-458 Adopt Ordinance No. 4165 Adding Chapter 12.40 to the Huntington Beach Municipal Code Making Shared Mobility Devices or Businesses Unlawful (Approved for introduction October 15, 2018 - Vote: 7-0) Recommended Action: Adopt 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.” ADMINISTRATIVE ITEMS 30. 18-365 Adopt Resolution No. 2018-55 amending Resolution Nos. 2016-59, 2017-46, 2018-01, 2018-29 and 2018-48 which established a Consolidated Comprehensive Citywide Master Fee and Charges Schedule (Supplemental Fee Resolution No. 7); adopt Resolution No. 2018-56 to adopt an Amended Uniform Bail Schedule for Parking Violations; and, approve for introduction Ordinance No. 4148 Amending Chapter 10.60 of the Huntington Beach Municipal Code Relating to Meter Zones Recommended Action: A) Adopt Resolution No. 2018-55, “A Resolution of the City Council of the City of Huntington Beach Amending Resolution Nos. 2016-59, 2017-46, 2018-01, 2018-29 and 2018-48 Which Established A Consolidated Comprehensive Citywide Master Fee and Charges Schedule (Supplemental Fee Resolution No. 7)”; and , B) Adopt Resolution No. 2018-56, “A Resolution of the City Council of the City of Huntington Beach Adopting An Amended Uniform Bail Schedule for Parking Violations;” and, C) Approve for Introduction Ordinance No. 4148, “An Ordinance of the City of Huntington Beach Amending Chapter 10.60 of the Huntington Beach Municipal Code Relating to Meter Zones.” 31. 18-469 Adopt Resolution No. 2018-63 approving and implementing the 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: Adopt Resolution No. 2018-63, “A Resolution of the City of Huntington Beach Approving and Implementing the Memorandum of Understanding Between the Huntington Beach Municipal Employees’ Association and the City of Huntington Beach for the period Page 7 of 9 City Council/Public Financing Authority AGENDA - Final-revised November 5, 2018 October 1, 2017 through September 30, 2019.” 32. 18-474 Adopt Resolution No. 2018-64 approving and implementing the 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: Adopt Resolution No. 2018-64, “A Resolution of the City Council of the City of Huntington Beach Approving and Implementing the Memorandum of Understanding Between the Huntington Beach Management Employees’ Organization and the City of Huntington Beach for the period November 1, 2017 through October 31, 2019.” 33. 18-475 Adopt Resolution No. 2018-65 approving and implementing the 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: Adopt Resolution No. 2018-65, “A Resolution of the City of Huntington Beach Approving and Implementing the Memorandum of Understanding Between the Huntington Beach Firefighters’ Association (HBFA) and the City for July 1, 2018 through June 30, 2021.” 34. 18-473 Approve a proposal for investigation and prosecution of illicit, unlicensed, and/or nuisance in-home businesses by approving increase to the City’s Table of Organization and appropriation of funds Recommended Action: A) Approve an increase to the City’s Table of Organization by 1.0 Senior Deputy Attorney; and, B) Approve an appropriation increase of $222,800 in Personnel Services to fund the additional position at Step C; and , C) Approve an increase appropriation and professional services authority by $90,000 for a subject matter expert and an investigator. ORDINANCES FOR INTRODUCTION 35. 18-472 Approve for introduction Ordinance No. 4169 amending Sections 3.03.020 and 3.03.080 of Chapter 3.03 of the Huntington Beach Municipal Code (HBMC) relating to Professional Services Contracts Recommended Action: Approve for introduction Ordinance No. 4169, “An Ordinance of the City of Huntington Page 8 of 9 City Council/Public Financing Authority AGENDA - Final-revised November 5, 2018 Beach Amending Sections 3.03.020 and 3.03.080 of Chapter 3.03 of the Huntington Beach Municipal Code Relating to Professional Services Contracts” excluding legal service contracts from bidding requirements. 36. 18-479 Approve for introduction Ordinance No. 4167 amending Section 2.76.010 of the Huntington Beach Municipal Code (HBMC) related to exclusions from competitive service by adding the classification of Assistant Chief of Police Recommended Action: Approve for introduction Ordinance No. 4167, “An Ordinance of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Amending Section 2.76.010 Thereof Related to Exclusions From the Competitive Service” by adding the Classification of Assistant Chief of Police. 37. 18-487 Approve for introduction Ordinance No. 4168 amending the Huntington Beach Municipal Code (HBMC) by adding Chapter 2.104 entitled ‘Jet Noise Commission’ (JNC) Recommended Action: Approve for Introduction Ordinance No. 4168, “An Ordinance of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Adding Chapter 2.104 Entitled ‘Jet Noise Commission.’” COUNCILMEMBER ITEMS 38. 18-489 Submitted by Councilmembers Semeta and Brenden: Discussion of Potential Withdrawal from PCTA - Transition and Exit Plan Recommended Action: Direct the City Manager to return to City Council with a plan to withdraw from PCTA and transition to a municipal run cable channel. COUNCILMEMBER COMMENTS (Not Agendized) ADJOURNMENT The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Monday, November 19, 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 9 of 9