City Council/Public Financing Authority

AGENDA CITY COUNCIL/PUBLIC FINANCING AUTHORITY Monday, December 17, 2018 Council Chambers 2000 Main Street Huntington Beach, CA 92648 Study Session - 3:30 PM / Closed Session - 5:00 PM Regular Meeting - 6:00 PM MAYOR AND CITY COUNCIL ERIK PETERSON, Mayor LYN SEMETA, Mayor Pro Tem PATRICK BRENDEN, Councilmember KIM CARR, Councilmember BARBARA DELGLEIZE, Councilmember JILL HARDY, Councilmember MIKE POSEY, Councilmember STAFF FRED A. WILSON, City Manager MICHAEL E. GATES, City Attorney ROBIN ESTANISLAU, City Clerk ALISA BACKSTROM, 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 December 17, 2018 3:30 PM - COUNCIL CHAMBERS CALL TO ORDER ROLL CALL Brenden, Carr, Semeta, Peterson, Posey, Delgleize, Hardy ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS PERTAINING TO STUDY SESSION / CLOSED SESSION ITEMS (3 Minute Time Limit) STUDY SESSION 1. 18-573 PCTA Transition and Exit Plan 2. 18-258 Fee Update RECESS TO CLOSED SESSION CLOSED SESSION ANNOUNCEMENT(S) 3. 18-606 Mayor Peterson to Announce: Pursuant to Government Code § 54957.6, the City Council takes this opportunity to publicly introduce and identify designated labor negotiator: Peter Brown, outside counsel, 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; and, 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) and Marine Safety Management Association (MSMA). Page 1 of 10 City Council/Public Financing Authority AGENDA December 17, 2018 CLOSED SESSION 4. 18-579 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, five (5). 5. 18-580 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: Kennedy Commission, et al. v. City of Huntington Beach; OCSC Case No. 30-2015-00801675; Court of Appeal Case No. E070935 (4th Dist., Div. 2). 6. 18-599 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. 7. 18-600 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) and Marine Safety Management Association (MSMA). 8. 18-604 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: Harrison-Swaim (Jaime) v. City of Huntington Beach, et al.; OCSC Case No.: 30-2018-01014886. 9. 18-605 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: Decock (Eugene and Sandra) v. City of Huntington Beach; OCSC Case No. 30-2017-00956312. 6:00 PM – COUNCIL CHAMBERS Page 2 of 10 City Council/Public Financing Authority AGENDA December 17, 2018 RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING, AND CALL TO ORDER SPECIAL MEETINGS OF THE HOUSING AUTHORITY, PARKING AUTHORITY AND SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF HUNTINGTON BEACH ROLL CALL Brenden, Carr, Semeta, Peterson, Posey, Delgleize, Hardy 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. 18-424 Deacon Tom Concitis of Saint Mary’s by the Sea Roman Catholic Church and member of the Greater Huntington Beach Interfaith Council CLOSED SESSION REPORT BY CITY ATTORNEY AWARDS AND PRESENTATIONS 11. 18-601 Mayor Peterson to call on to call on Victoria Alberty to present the Adoptable Pet of the Month 12. 18-608 Mayor Peterson to call on Zac Wright, Secretary of the Huntington Beach Fire Authority (HBFA) and Great Balls of Fire Charity Golf Tournament Chairman, to present check from their charity golf tournament to Waymakers Huntington Beach Youth Shelter 13. 18-612 Mayor Peterson to call on Chief Rob Handy to recognize eight Huntington Beach Police Department (HBPD) officers for their participation in the Employer Support of the Guard and Reserve (ESGR) Patriotic Employer program 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 Page 3 of 10 City Council/Public Financing Authority AGENDA December 17, 2018 14. 18-613 Approve Mayor Peterson’s 2019 Council Liaison List Recommended Action: As recommended by the City Council, Public Financing Authority, Housing Authority, Parking Authority, and Successor Agency: Approve the 2019 Council Liaison List that includes appointments to citizen boards, commissions, committees, and task forces as presented by Mayor Peterson. (The City Clerk certifies that FPPC Form 806 “Agency Report of Public Official Appointments” which is used to report additional compensation that officials receive when appointing themselves to positions on committees, boards or commissions of a public agency, special district and joint powers agency or authority was posted to the City’s website according to law prior to this vote.) CITY MANAGER'S REPORT 15. 18-598 Police Department Update on Coyote Management Plan CONSENT CALENDAR 16. 18-556 Approve and Adopt Minutes Recommended Action: Approve and adopt the City Council/Public Financing Authority regular meeting minutes dated November 19, 2018 , and December 3, 2018, as written and on file in the Office of the City Clerk. 17. 18-563 Receive and file City Clerk's quarterly listing of professional services contracts filed in the City Clerk's office between July 1, 2018, and September 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 July 1, 2018, through September 30, 2018." 18. 18-493 Receive and file the Maddy Act Local Appointments List - 2019 (terms on City boards, commissions, and committees which expire in 2019) informing the public of openings and vacancies based on 2019 expiration of current members’ terms Recommended Action: Receive and file the Maddy Act Local Appointments List - 2019 showing vacancies which will occur on City boards, commissions, and committees in the year 2019, and direct the City Clerk to post the list at official posting locations (Civic Center, Huntington Central Library, and Main Street Library). Copies of the Maddy Act Local Appointments List - 2019 will also be posted at all branch libraries and on the City’s website. 19. 18-616 Approve the appointment of Kelly Rodriguez to the position of Assistant Chief of Police and authorize the City Manager to Page 4 of 10 City Council/Public Financing Authority AGENDA December 17, 2018 execute the Employment Agreement Recommended Action: Approve the appointment and authorize the City Manager to execute the “Employment Agreement Between the City of Huntington Beach and Kelly Rodriguez” for the position of Assistant Chief of Police. 20. 18-482 Approve and authorize execution of a Professional Services Contract for Workers’ Compensation Third-Party Claims Administration with AIMS (Acclamation Insurance Management Services) in the amount of $1,340,073 as contained in the Workers’ Compensation Internal Services Fund (55131001-69410) Recommended Action: Approve and authorize the Mayor and City Clerk to execute “Professional Services Contract Between the City of Huntington Beach and Acclamation Insurance Management Services (AIMS) for Workers’ Compensation Third Party Administration” for a period of three (3) contract years; and , authorize the City Manager to execute the Contract and Related Documents. 21. 18-483 Approve and authorize execution of a Professional Services Contract for Workers’ Compensation Program Medical Bill Review Services with Lien On Me in the amount of $525,000, as contained in Workers’ Compensation Internal Services Fund (55131001-69410) Recommended Action: Approve and authorize the Mayor and City Clerk to execute “Professional Services Contract Between the City of Huntington Beach and Lien On Me for Workers’ Compensation Medical Bill Review Services” for a period of three (3) contract years; and, authorize the City Manager to execute the contract and related documents. 22. 18-484 Approve and authorize execution of a Professional Services Contract for Workers’ Compensation Program Utilization Review Services with ARISSA Cost Strategies in the amount of $459,000, as contained in the Workers’ Compensation Internal Services Fund (55131001-69410) Recommended Action: Approve and authorize the Mayor and City Clerk to execute “Professional Services Contract Between the City of Huntington Beach and ARISSA Cost Strategies for Utilization Review Services” for a period of three (3) contract years and authorize the City Manager to execute the contract and related documents. 23. 18-542 Approve and authorize execution of a three-year Professional Services Contract with Sierra Analytic Laboratories, Inc., for Water Quality Sampling and Analyses in the amount of $360,000 Page 5 of 10 City Council/Public Financing Authority AGENDA December 17, 2018 Recommended Action: Approve and authorize the Mayor and City Clerk to execute the “Professional Services Contract Between the City of Huntington Beach and Sierra Analytic Laboratories, Inc. for Water Quality Sampling and Analyses” not to exceed a total of $360,000 for up to three years. If it is mutually agreeable, the contract may be extended for up to one (1) additional year. 24. 18-575 Approve and authorize execution of Cooperative Agreement (No. C-8-2015) with the Orange County Transportation Authority (OCTA) and the Cities within Orange County for the Orange County Taxi Administration Program (OCTAP) Recommended Action: Authorize the City Clerk and City Manager to execute “Cooperative Agreement No. C-8-2015 Between Orange County Transportation Authority and the Cities of Aliso Viejo, Anaheim, Brea, Buena Park, Costa Mesa, Cypress, Dana Point, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, Laguna Beach, Laguna Hills, Laguna Niguel, Laguna Woods, La Habra, Lake Forest, Mission Viejo, La Palma, Los Alamitos, Newport Beach, Orange, Placentia, Rancho Santa Margarita, San Clemente, San Juan Capistrano, Santa Ana, Seal Beach, Stanton, Tustin, Villa Park, Westminster, Yorba Linda, and the County of Orange” for the administration of the Orange County Taxi Administration Program, effective January 1, 2019 , through December 31, 202 0. 25. 18-577 Approve Fiscal Year 2017-18 Annual Compliance Reports for Public Works (Planned Local Drainage, Sanitary Sewer Facilities, and Fair Share Traffic Impact Mitigation Fee Program), Parkland Acquisition and Park, Police Facilities, and Fire Facilities and Library Development Impact Fees (DIF) Recommended Action: Approve the Annual Compliance Report, Development Impact Fee Report for Fiscal Year Ended June 30, 2018 for Public Works (Planned Local Drainage, Sanitary Sewer Facilities, and Fair Share Traffic Impact Mitigation Fee Program), Parkland Acquisition and Park, Police Facilities, and Fire Facilities and Library Development Impact Fees. 26. 18-501 Approve the November 2018 City of Huntington Beach Strategic Plan Update Recommended Action: Approve the November 2018 Strategic Objectives Update as contained in Attachment 1. 27. 18-602 Authorization to appropriate, transfer and deposit one-time FY 2017/18 year-end revenue and budgetary savings of $1.0 million into the Internal Revenue Code Section 115 Trust administered by the Public Agency Retirement Systems (PARS) to Pre-Fund Pension Liabilities Recommended Action: Page 6 of 10 City Council/Public Financing Authority AGENDA December 17, 2018 Approve the appropriation, transfer and deposit of $1.0 million into the Section 115 Trust from one-time FY 2017/18 year-end savings and revenue to reduce the City’s unfunded pension liabilities . 28. 18-589 Adopt Resolution No. 2018-86 amending the Memorandum of Understanding (MOU) between the City and the Municipal Employees’ Association (MEA), by adopting the Side Letter of Agreement related to 2018 Holiday Closure Recommended Action: A) Adopt Resolution No. 2018-86, “A Resolution of the City Council of the City of Huntington Beach, Amending the Memorandum of Understanding Between the City and the Municipal Employees’ Association (MEA), by Adopting the Side Letter Agreement Related to 2018 Holiday Closure;” and, B) Authorize the City Manager to execute the Side Letter Agreement . 29. 18-593 Adopt Resolution No. 2018-87 amending the Memorandum of Understanding (MOU) between the City and the Management Employees’ Organization (MEO), by adopting the Side Letter of Agreement related to 2018 Holiday Closure Recommended Action: A) Adopt Resolution No. 2018-87, “A Resolution of the City Council of the City of Huntington Beach, Amending the Memorandum of Understanding Between the City and the Management Employees’ Organization (MEO), by Adopting the Side Letter Agreement Related to 2018 Holiday Closure” and, B) Authorize the City Manager to execute the Side Letter Agreement . 30. 18-594 Adopt Resolution Nos. 2018-71, 2018-72, 2018-73, 2018-74, 2018-75, 2018-77 and 2018-78 requesting authorization by the City of Huntington Beach; and, approval from the California Department of Transportation for the temporary closure of streets for certain special events in 2019 Recommended Action: A) Adopt Resolution No. 2018-71, “A Resolution of the City Council of the City of Huntington Beach Authorizing Street Closure for the Fourth of July;” and, B) Adopt Resolution No. 2018-72, “A Resolution of the City Council of the City of Huntington Beach Requesting Caltrans Approve the Closing of Pacific Coast Highway for the Huntington Beach Fourth of July Parade and Fireworks;” and, C) Adopt Resolution No. 2018-73, “A Resolution of the City Council of the City of Page 7 of 10 City Council/Public Financing Authority AGENDA December 17, 2018 Huntington Beach Requesting Caltrans Approve the Closing of Pacific Coast Highway and Certain Ingress and Egress Within the City of Huntington Beach for the Annual Surf City 10 Run;” and, D) Adopt Resolution No. 2018-74, “A Resolution of the City Council of the City of Huntington Beach Approving the Temporary Closure of Portions of Goldenwest Street, Garfield Avenue, Huntington Street, Twin Dolphin Drive, Edwards Street, Ellis Avenue, Talbert Avenue, Seapoint Street, Inlet Drive, Overlook Drive, Summit Drive, Varsity Drive, Main Street, Walnut Avenue, and Central Park Drive for the Surf City USA Marathon Run;” and, E) Adopt Resolution No. 2018-75, “A Resolution of the City Council of the City of Huntington Beach Requesting Caltrans Approve the Closing of Pacific Coast Highway and Certain Ingress and Egress for the Surf City USA Marathon Run;” and, F) Adopt Resolution No. 2018-77, “A Resolution of the City Council of the City of Huntington Beach Approving the Temporary Closure of 12th Street in Sunset Beach for the Annual Sunset Beach Art Festival and Halloween Party;” and, G) Adopt Resolution No. 2018-78, “A Resolution of the City Council of the City of Huntington Beach Authorizing the Closing of Main Street and 5th Street to Vehicular Traffic for Certain Special Events.” 31. 18-576 Adopt Ordinance No. 4170 amending the Huntington Beach Municipal Code (HBMC) by adding Chapter 2.65 creating the Harbor Commission Approved for introduction as amended 11-19-2018 - Vote: 7-0 Recommended Action: Adopt Ordinance No. 4170, “An Ordinance of the City of Huntington Beach Amending the Huntington Beach Municipal Code By Adding New Chapter 2.65 Harbor Commission.” PUBLIC HEARING 32. 18-591 Public Hearing to consider adoption of Resolution No. 2018-84 declaring results of majority protest proceedings and renewing the Huntington Beach Tourism Business Improvement District (HBTBID); and, authorize appropriation of funds Recommended Action: A) Public Hearing and adoption of Resolution No. 2018-84 , “A Resolution of the City Council of the City of Huntington Beach Declaring Results of Majority Protest Proceedings Page 8 of 10 City Council/Public Financing Authority AGENDA December 17, 2018 and Renewing the Huntington Beach Tourism Business Improvement District (HBTBID);” and, B) Approve a Budget Appropriation of $500,000 in FY 2018/19 for the increased 1% pass-through in Fund 709. 33. 18-609 Adopt Resolution No. 2018-85 amending the existing Development Impact Fee schedule to include Accessory Dwelling Units and removing references to Development Impact Fees from the Master Fee Schedule Recommended Action: Conduct a public hearing regarding the ADU Development Impact Fees; and, adopt Resolution No. 2018-85, “A Resolution of the City Council of the City of Huntington Beach Amending the Existing Development Impact Fee Schedule to Include Accessory Dwelling Units and Removing References to Development Impact Fees from the Master Fee Schedule.” ADMINISTRATIVE ITEMS 34. 18-595 Adopt Resolution No. 2018-55 amending the Fees and Charges for entrance to or use of City Property, Fee and Charges collected by the Community Services, Finance, Fire, Information Services, and Public Works Departments, and the Fees for Environmental Review, all as established pursuant to 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, adopt Resolution No. 2018-83, an amended Uniform Bail Schedule for Parking Violations; and, approve for introduction Ordinance No. 4148 adding Chapter 10.50 to the Code, both relating to On-Street Parking Meter Zones and Off-Street City Parking Lots Recommended Action: A) Adopt Resolution No. 2018-55, “A Resolution of the City Council of the City of Huntington Beach Amending the Fees and Charges for Entrance to or Use of City Property, Fees and Charges Collected by the Community Services, Finance, Fire, Information Services, and Public Works Departments, and the Fees for Environmental Review, All as Established Pursuant to 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. 2018-83, “A Resolution of the City Council of the City of Huntington Beach Adopting An Amended Uniform Bail Schedule for Parking Violations;” and, Page 9 of 10 City Council/Public Financing Authority AGENDA December 17, 2018 C) Approve for Introduction Ordinance No. 4148, “An Ordinance of the City of Huntington Beach Amending Huntington Beach Municipal Code Chapters 10.04, 10.52, 10.56, 10.60 and 10.68, and Adding Chapter 10.50 to the Code, Both Relating to On-Street Parking Meter Zones and Off-Street City Parking Lots.” ORDINANCES FOR INTRODUCTION 35. 18-617 Approve for Introduction Ordinance No. 4169 Amending Huntington Beach Municipal Code Chapter 3.03 Relating to Professional Services Contracts Recommended Action: Approve for introduction Ordinance No. 4169, “An Ordinance of the City of Huntington Beach Amending Sections 3.03.020, 3.03.060, and 3.03.080 of Chapter 3.03 of the Huntington Beach Municipal Code Relating to Professional Services Contracts.” COUNCILMEMBER COMMENTS (Not Agendized) ADJOURNMENT The Huntington Beach City Council/Public Financing Authority regular meeting of January 7, 2019, has been cancelled. The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Tuesday, January 22, 2019, 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 10 of 10