City Council/Public Financing Authority

AGENDA CITY COUNCIL/PUBLIC FINANCING AUTHORITY Monday, October 21, 2019 Council Chambers 2000 Main Street Huntington Beach, CA 92648 Study Session - 4:00 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 OLIVER CHI, 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 October 21, 2019 Authority 4:00 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. 19-853 Capital Improvement Project (CIP) Unfunded Capital Projects List 2. 19-1053 Review of Options to Address our CalPERS Unfunded Accrued Liability RECESS TO CLOSED SESSION CLOSED SESSION ANNOUNCEMENT(S) 3. 19-1075 Mayor Peterson to announce: Pursuant to Government Code § 54956.8, the City Council takes this opportunity to publicly introduce and identify designated property negotiator; City Manager, Oliver Chi, who will be participating today’s in Closed Session discussion regarding negotiations with: The City of Costa Mesa concerning price and terms of payment for the disposition of real property located on a portion of 3175 Airway Avenue, Costa Mesa, California, Five Point Plaza LLC & JHC Acquisitions LLC concerning price and terms of payment for the disposition of real property located on a portion of 18431 Beach Boulevard, Huntington Beach, California, Dave Shenkman concerning price and terms of payment for the disposition of real property located on a portion of 61 Main Street, Huntington Beach, California, Page 1 of 9 City Council/Public Financing AGENDA October 21, 2019 Authority Marian Johnson concerning price and terms of payment for the disposition of real property located on a portion of 21 Main Street, Huntington Beach, California, and Tina Viray and Nelson Wescott GP DBA as The Surf City Store concerning price and terms of payment for the disposition of real property located on a portion of 60 Main Street, Huntington Beach, California. CLOSED SESSION 8. 19-1047 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). 9. 19-1048 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: Tabares (Tiffany) v. City of Huntington Beach and Eric Esparza; USDC Case No.: 8:18-cv-00821 JLS (JDEx). 10. 19-1049 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: Turman (Kathy M.) v. City of Huntington Beach; OCSC Case No.: 30-2018-01008686. 11. 19-1052 Pursuant to Government Code § 54956.8, the City Council shall recess to Closed Session to give instructions to the City's Negotiator, Oliver Chi, City Manager, regarding negotiations with the City of Costa Mesa concerning price and terms of payment for the disposition of real property located on a portion of 3175 Airway Avenue, Costa Mesa, California. 12. 19-1069 Pursuant to Government Code § 54956.8, the City Council shall recess to Closed Session to give instructions to the City's Negotiator, Oliver Chi, City Manager, regarding negotiations with Five Point Plaza LLC & JHC Acquisitions LLC concerning price and terms of payment for the disposition of real property located on a portion of 18431 Beach Boulevard, Huntington Beach, California. Page 2 of 9 City Council/Public Financing AGENDA October 21, 2019 Authority 13. 19-1070 Pursuant to Government Code § 54956.8, the City Council shall recess to Closed Session to give instructions to the City's Negotiator, Oliver Chi, City Manager, regarding negotiations with Dave Shenkman concerning price and terms of payment for the disposition of real property located on a portion of 61 Main Street, Huntington Beach, California. 14. 19-1071 Pursuant to Government Code § 54956.8, the City Council shall recess to Closed Session to give instructions to the City's Negotiator, Oliver Chi, City Manager, regarding negotiations with Marian Johnson concerning price and terms of payment for the disposition of real property located on a portion of 21 Main Street, Huntington Beach, California. 15. 19-1072 Pursuant to Government Code § 54956.8, the City Council shall recess to Closed Session to give instructions to the City's Negotiator, Oliver Chi, City Manager, regarding negotiations with Tina Viray and Nelson Wescott GP DBA as The Surf City Store concerning price and terms of payment for the disposition of real property located on a portion of 60 Main Street, Huntington Beach, California. 16. 19-1073 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: Benzen Properties, LLC, et al. v. City of Huntington Beach, et al.; OCSC Case No.: 30-2019-01070544. 6:00 PM – COUNCIL CHAMBERS RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING 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. Page 3 of 9 City Council/Public Financing AGENDA October 21, 2019 Authority 17. 19-977 Deacon Tom Concitis, St. Mary’s by the Sea Catholic Church and member of the Greater Huntington Beach Interfaith Council CLOSED SESSION REPORT BY CITY ATTORNEY AWARDS AND PRESENTATIONS 18. 19-980 Mayor Peterson to call on Victoria Alberty to present the “Adoptable Pet of the Month” 19. 19-979 Mayor Peterson to call on Police Chief Rob Handy to present the Mayor’s award to Lieutenant Oscar Garcia 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 CONSENT CALENDAR 20. 19-1025 Approve and Adopt Minutes Recommended Action: Approve and adopt the City Council/Public Financing Authority regular meeting minutes dated October 7, 2019, as written and on file in the office of the City Clerk. 21. 19-992 Receive and file City Clerk’s quarterly listing of professional services contracts filed in the City Clerk’s office between April 1, 2019 and June 30, 2019 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, 2019 and June 30, 2019.” 22. 19-972 Approve the appointments of Bud Benneman, Kevin Fockler, Kathleen McGowan, Joan Siegal, Corvi Urling to the Environmental Board and the reappointment of Tony Soriano to the Environmental Board as recommended by City Council Liaisons, Councilmembers Page 4 of 9 City Council/Public Financing AGENDA October 21, 2019 Authority Barbara Delgleize and Jill Hardy Recommended Action: A) Approve the appointments of Bud Bennemen, Kevin Fockler, Kathleen McGowan, Joan Siegal, and Corvi Urling to the Environmental Board as approved by City Council Liaisons, Councilmembers Barbara Delgleize and Jill Hardy, their terms to expire June 30, 2023; and, B) Re-appoint Tony Soriano, his term to expire June 30, 2023. 23. 19-964 Adopt Resolution No. 2019-64 certifying that the City has the resources to implement the projects to be included in the Federal Transportation Improvement Program (FTIP) as required by the Orange County Transportation Authority (OCTA) Recommended Action: Adopt Resolution No. 2019-64, “A Resolution of the City Council of the City of Huntington Beach Certifying that the City has the Resources to Fund the Projects in the FY 2020/21 - 2025/26 Transportation Improvement Program and Affirms its Commitment to Implement All Projects in the Program.” 24. 19-1018 Adopt Resolution No. 2019-72 authorizing the execution and delivery of a Second Supplemental Indenture in connection with a change in the authorized use of proceeds of the Huntington Beach Public Financing Authority (Orange County, California) Lease Revenue Bonds, 2014 Series A, and authorizing the execution of necessary documents and certificates and related actions in connection therewith Recommended Action: A) Adopt Resolution No. 2019-72, “Resolution of the City Council of the City of Hunting Beach Authorizing the Execution and Delivery of a Second Supplemental Indenture in Connection with a Change in the Authorized Use of Proceeds of the Huntington Beach Public Financing Authority (Orange County, California) Lease Revenue Bonds, 2014 Series A, and Authorizing the Execution of Necessary Documents and Certificates and Related Actions in Connection Therewith;” and, B) Approve authorization to execute any necessary actions to comply with Resolution 2019-72 including: 1) the inter-fund transfer of $514,651 from the Bond Project Fund (319) to the Infrastructure Fund (314); and 2) an appropriation increase of $320,349 to the Bond Project Fund to utilize the remaining bond proceeds on capital projects as authorized in Page 5 of 9 City Council/Public Financing AGENDA October 21, 2019 Authority the Bond Indenture and Supplemental Amendments. 25. 19-1019 Adopt Public Financing Authority Resolution No. 24 authorizing the execution and delivery of a Second Supplemental Indenture in connection with a change in the authorized use of proceeds of the Huntington Beach Public Financing Authority Lease Revenue Bonds 2014 Series A, and authorizing the execution of necessary documents and certificates and related actions in connection therewith Recommended Action: A) Adopt Resolution No. 24, “Resolution of the Board of Directors of the Huntington Beach Public Financing Authority Authorizing the Execution and Delivery of a Second Supplemental Indenture in Connection with a Change in the Authorized Use of Proceeds of the Huntington Beach Public Financing Authority Lease Revenue Bonds 2014 Series A, and Authorizing the Execution of Necessary Documents and Certificates and Related Actions in Connection Therewith;” and , B) Approve authorization to execute any necessary actions to comply with Resolution 24. 26. 19-1000 Approve and authorize execution of an Agreement for sharing consultant costs for the 2019 America’s Water Infrastructure Act’s Compliance Risk and Resiliency Assessments and Emergency Response Plans (Phases II and III) with the Municipal Water District of Orange County (MWDOC) Recommended Action: Approve and authorize the City Manager to execute the “Agreement for Sharing Consultant Costs for 2019 AWIA Compliance Risk and Resiliency Assessments and Emergency Response Plans for Participating Agencies (Phases II and III)” with the Municipal Water District of Orange County (MWDOC). 27. 19-1008 Approve and authorize execution of a three-year Professional Services Contract between the City of Huntington Beach and Wittman Enterprises, LLC in the amount of $1,080,000 to provide billing services for emergency paramedic and ambulance services; and, increase the Fire Department’s Professional Services authority accordingly Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute a “Professional Services Page 6 of 9 City Council/Public Financing AGENDA October 21, 2019 Authority Contract Between the City of Huntington Beach and Wittman Enterprises, LLC for Billing Services for Emergency Paramedic and Ambulance Service” in an amount not to exceed $1,080,000 over a three-year period; and, B) Increase the Fire Department’s professional services authority accordingly by the commensurate amount to ensure compliance with Administrative Regulation No. 228. ADMINISTRATIVE ITEMS 28. 19-1037 Receive and file the monthly status update on the 6th cycle Regional Housing Needs Assessment (RHNA) process Recommended Action: Receive and file the monthly Regional Housing Needs Assessment (RHNA) process status update. 29. 19-1042 Authorize the Sale of City-Owned Real Property Located at 15311 Pipeline Lane for $2,744,000 Recommended Action: A) Authorize the sale of the Pipeline Property to Steve Chalabian and Jackie Jernigan for $2,744,000; and B) Authorize and allocate funds for the payment of escrow fees associated with the transaction for an amount not to exceed $19,000; and C) Authorize and allocate funds for the payment of associated commission fees in an amount not to exceed 2.5% of the property sale price ($68,600) payable to Lee Associates, to be paid from the proceeds of the sale or Residual Receipts Fund 233; and D) Authorize the City Manager to request a 45-day period to allow for current tenants to vacate the site prior to the close of escrow; and E) Authorize the City Manager, with the approval as to form by the City Attorney Office, to execute any and all necessary documents to consummate the real estate transaction. ORDINANCES FOR INTRODUCTION 30. 19-971 Approve for introduction Ordinance No. 4190 adopting the 2019 Model California Construction Codes; and schedule a Public Hearing for November 18, 2019 Recommended Action: Page 7 of 9 City Council/Public Financing AGENDA October 21, 2019 Authority A) Approve Introduction of Ordinance No. 4190, “An Ordinance of the City of Huntington Beach Amending the Huntington Beach Municipal Code, Title 17 - Building and Construction Chapters 17.04, 17.07, 17.40, 17.44, and 17.48 to Adopt by Reference the Current California Code of Regulations Title 24 Parts 1-12 with Regard to the 2019 Edition of the California Building Code, 2019 Edition of the California Residential Code, 2019 Edition of the California Mechanical Code, 2019 Edition of the California Plumbing Code, and 2019 Edition of the California Electrical Code; to Adopt the 2019 Edition of the California Administration Code, 2019 Edition of the California Energy Code, 2019 Edition of the California Historical Building Code, 2019 Edition of the Reference Standards Code, and the 2019 Edition of the Green Building Standards Code; Chapter 17.46 Amending to Reference the 2018 Uniform Swimming Pool, Spa and Hottub Code; Chapter 17.60 Amending to Reference the 2018 Uniform Solar, Energy and Hydronic and Geothermal Code;” (Attachment No. 1) and , B) Direct that a Public Hearing be set for the adoption of Ordinance No. 4190 on November 18, 2019. 31. 19-1022 Approve for introduction Ordinance No. 4189 amending Municipal Code Chapter 17.56 adopting the California Fire Code, 2019 Editions; and schedule a Public Hearing for November 18, 2019 Recommended Action: A) Approve for introduction Ordinance No. 4189, “An Ordinance of the City of Huntington Beach Amending Chapter 17.56 of the Huntington Beach Municipal Code Adopting the California Fire Code,” 2019 edition; and , B) Schedule a Public Hearing for November 18, 2019. COUNCILMEMBER ITEMS 32. 19-1074 Submitted by Councilmember Posey - Updating the Historic Standard Market Plaque at 126 Main Street Recommended Action: Given the information that I’ve received, and based on a review that has already been conducted by both the City Historic Resources Board and the Huntington Beach Preserve Our Past group, I am recommending that the City Council vote to direct staff to update the plaque located on the historic Standard Market building with correct historical information, as outlined in the attached information packet. COUNCILMEMBER COMMENTS (Not Agendized) ADJOURNMENT Page 8 of 9 City Council/Public Financing AGENDA October 21, 2019 Authority The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Monday, November 4, 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 9 of 9