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City Council/Public Financing Authority

Regular Meeting

Huntington Beach, CA · March 18, 2019

Agenda

Agenda

AGENDA CITY COUNCIL/PUBLIC FINANCING AUTHORITY Monday, March 18, 2019 Council Chambers 2000 Main Street Huntington Beach, CA 92648 No Study Session / 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 AGENDA March 18, 2019 Authority Based on the lack of a Study Session and time needed to cover the Closed Session items, the meeting will be called to order at 5:00 PM 5:00 PM - COUNCIL CHAMBERS CALL TO ORDER Councilmembers Brenden and Delgleize have requested permission to be absent pursuant to Resolution No. 2001-54 ROLL CALL Brenden, Carr, Semeta, Peterson, Posey, Delgleize, Hardy ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS PERTAINING TO CLOSED SESSION ITEMS (Received After Agenda Distribution) PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS (3 Minute Time Limit) RECESS TO CLOSED SESSION Mayor Peterson to Announce: Pursuant to Government Code § 54957.6, the City Council takes this opportunity to publicly introduce and identify designated labor negotiators Fred Wilson, City Manager and Peter Brown, outside counsel; also in attendance are Gilbert Garcia, Chief Financial Officer and Michele Warren, Director of Human Resources who will be participating in today's Closed Session discussions regarding the following: Interim City Manager. CLOSED SESSION 1. 19-314 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. The Stephouse Recovery, Inc.; et al.; OCSC Case No. 30-2018-01025168. 2. 19-315 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. Nevaeh Re 1, LLC; OCSC Case No. 30-2018-01025173. 3. 19-316 Pursuant to Government Code § 54956.9(d)(1), the City Page 1 of 6 City Council/Public Financing AGENDA March 18, 2019 Authority Council shall recess into Closed Session to confer with the City Attorney regarding the following lawsuit: City of Huntington Beach v. David Lacy, et al.; OCSC Case No. 30-2018-01025153. 4. 19-317 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. Coastline Recovery LLC; et al.; OCSC Case No. 30-2018-01025162. 5. 19-318 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. Anthony Roxstrom; OCSC Case No. 30-2018-010285104. 6. 19-356 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: Cody Rogers, et al. v. City of Huntington Beach, et al.; USDC Case No. 8:19-cv-00031 DOC (ADSx). 7. 19-358 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: In re: Ruby’s Diner, Inc., a California Corporation, US Bankruptcy Court Case No. 8:18-bk-13311-CB. 8. 19-359 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, et al.; OCSC Case No. 30-2015-00801675. 9. 19-360 Pursuant to Government Code § 54954.5(e), the City Council shall recess into Closed Session to discuss the public employment of Interim City Manager. 10. 19-363 Pursuant to Government Code § 54957.6, the City Council shall recess into Closed Session to meet with its Page 2 of 6 City Council/Public Financing AGENDA March 18, 2019 Authority designated labor negotiators: Fred A. Wilson, City Manager, Peter Brown, outside counsel and Chief Negotiator; also in attendance: Gilbert Garcia, Chief Financial Officer, Michele Warren, Director of Human Resources regarding the following: Interim City Manager. 11. 19-367 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, three (3). 6:00 PM – COUNCIL CHAMBERS RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING Councilmembers Brenden and Delgleize have requested permission to be absent pursuant to Resolution No. 2001-54 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. 12. 19-375 Reverend James Pike, Pastor of Resurrection Lutheran Church in Huntington Beach CLOSED SESSION REPORT BY CITY ATTORNEY AWARDS AND PRESENTATIONS 13. 19-275 Mayor Peterson to call on Victoria Alberty to present the Adoptable Pet of the Month 14. 19-276 Mayor Peterson to call on City Attorney Michael Gates who will present the Mayor’s Award to Senior Trial Counsel, Brian Williams ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Page 3 of 6 City Council/Public Financing AGENDA March 18, 2019 Authority 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 ATTORNEY'S REPORT 15. 19-365 Update on Lawsuits against Illegal Residential Sober Living Businesses CONSENT CALENDAR 16. 19-313 Approve and Adopt Minutes Recommended Action: Approve and adopt the City Council/Public Financing Authority regular meeting minutes dated March 4, 2019, as written and on file in the Office of the City Clerk. 17. 19-297 Approve the West Orange County Water Board (WOCWB) proposed budget for Fiscal Year 2019-20, including the City of Huntington Beach’s share of $487,937 Recommended Action: Approve the WOCWB FY 2019-20 proposed operating and debt budget amount of $649,000. 18. 19-239 Amend the previously approved Park Playground and Equipment Replacement Priority List and appropriate funds from the Park Development Impact Fund for installation of new playground equipment at Tarbox Park in the amount of $91,000 Recommended Action: A) Approve the amendment of the previously approved Park Playground and Equipment Replacement Priority List; and, B) Authorize an appropriation increase of $91,000 into Park Development Impact account 22845001.82900 for the installation of new playground equipment at Tarbox Park . 19. 19-304 Approve Cal OES Violence Against Women Act Grant (LE 18026860) for the 2019 calendar year Page 4 of 6 City Council/Public Financing AGENDA March 18, 2019 Authority Recommended Action: A) Accept the grant between the State of California, Governor’s Office of Emergency Services (Cal OES) and the City of Huntington Beach; and, B) Approve an appropriation of $203,143, which is to be fully reimbursed by the grant from Cal OES; and, C) Increase the Professional Services authority list to include domestic violence services. 20. 19-126 Adopt Resolution No. 2019-09 adopting a revised Council Manual digitally compiled to incorporate policy information previously adopted by resolution, enhance formatting, and include links to local government resource material Recommended Action: Adopt Resolution No. 2019-09, “A Resolution of the City Council of Huntington Beach adopting a revised Council Manual” that incorporates adopted policy and relevant government resource material into one living document, superseding all previous versions . 21. 19-159 Approve and authorize execution of a Professional Services Contract with Erickson-Hall Construction Co. for the Police Department Modernization Project Recommended Action: Approve and authorize the Mayor and City Clerk execute the “Professional Services Contract Between the City of Huntington Beach and Erickson Hall Construction Company for Program Management Services for Modernization of the Police Department Facility.” ADMINISTRATIVE ITEMS 22. 19-354 Approve City Council position on Legislation pending before the State Legislature as recommended by the City Council Intergovernmental Relations Committee (IRC) Recommended Action: A) Approve a City position of Support on Assembly Bill 136 (Quirk-Silva) -Alcohol and Drug Programs; and, B) Approve a City position of Support on Assembly Bill 510 (Cooley) - Local Government Records; and, C) Approve a City position of Support on Assembly Bill 1190 (Irwin) - Unmanned Aircraft: State and Local Regulations; and, D) Approve a City position of Oppose unless Amended on Assembly Bill 377 (Garcia) - Microenterprise Home Kitchen Operations; and, Page 5 of 6 City Council/Public Financing AGENDA March 18, 2019 Authority E) Authorize the Mayor to send a letter of support to the California Public Utilities Commission in support of Southern California Gas Company’s request to allow customers to purchase renewable natural gas for their homes. ORDINANCES FOR INTRODUCTION 23. 19-312 Adopt Resolution No. 2019-13 adopting revised Orange County Taxi Administration Program (OCTAP) regulations and approving for introduction Ordinance No. 4178 amending Huntington Beach Municipal Code Chapter 5.48 relating to Taxi Cabs Recommended Action: A) Adopt Resolution No. 2019-13, “A Resolution of the City Council of the City of Huntington Beach Adopting Revised Orange County Taxi Administration Program Regulations;” and, B) Approve for introduction Ordinance No. 4178, “An Ordinance of the City of Huntington Beach Amending Huntington Beach Municipal Code Chapter 5.48 Taxi Cabs.” COUNCILMEMBER COMMENTS (Not Agendized) ADJOURNMENT The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Monday, April 1, 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 6 of 6

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