City Council/Public Financing Authority

AGENDA CITY COUNCIL/PUBLIC FINANCING AUTHORITY Tuesday, June 1, 2021 Council Chambers 2000 Main Street Huntington Beach, CA 92648 Special Meeting No Study Session / Closed Session - 5:00 PM Regular Meeting - 6:00 PM MAYOR AND CITY COUNCIL KIM CARR, Mayor TITO ORTIZ, Mayor Pro Tem BARBARA DELGLEIZE, Councilmember DAN KALMICK, Councilmember NATALIE MOSER, Councilmember ERIK PETERSON, 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 June 1, 2021 Authority 5:00 PM - COUNCIL CHAMBERS CALL TO ORDER ROLL CALL Peterson, Kalmick, Ortiz, Carr, Posey, Moser, Delgleize ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS (3-Minute Time Limit) – At approximately 5:00 PM, individuals wishing to provide a comment on item(s) scheduled for Closed Session may do so either in person by filling out a Request to Speak form, via computer through Zoom Webinar ID 971 5413 0528, or Zoom Webinar by phone by calling (669) 900-6833 (see agenda cover sheet for request to speak instructions). Zoom Webinar participants wishing to speak will be provided a 15-minute window to “raise their hands,” and prompted to speak when the Clerk announces their name or the last three digits of their phone number. All speakers are encouraged, but not required to identify themselves by name. Speakers providing comments in person will be called to speak first, and each speaker may have up to 3 minutes unless the volume of speakers warrants reducing the time allowance. RECESS TO CLOSED SESSION CLOSED SESSION ANNOUNCEMENT(S) 1. 21-431 Mayor Carr to Announce: Pursuant to Government Code § 54957.6, the City Council takes this opportunity to publicly introduce and identify designated labor negotiator, City Manager Oliver Chi; also in attendance: Assistant City Manager, Travis Hopkins , who will be participating in today's Closed Session discussion of the public employment of the Police Chief CLOSED SESSION 2. 21-423 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Gov. Code section 54956.9(d)(1).) Name of case: Brewster (Terri Lynn) v. City of Huntington Beach; OCSC Case No. 30-2020-01160094. 3. 21-430 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) The City Council shall recess into Closed Session to meet with its designated labor negotiator, Oliver Chi, City Manager; also in Page 1 of 9 City Council/Public Financing AGENDA June 1, 2021 Authority attendance: Travis Hopkins, Assistant City Manager to discuss the public employment of the Police Chief. *New 21-443 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION. Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9: Number of cases, one (1). 6:00 PM – COUNCIL CHAMBERS RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING ROLL CALL Peterson, Kalmick, Ortiz, Carr, Posey, Moser, Delgleize 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. CLOSED SESSION REPORT BY CITY ATTORNEY AWARDS AND PRESENTATIONS 4. 21-434 Mayor Carr to call on Victoria Alberty to present the “Adoptable Pet of the Month” 5. 21-421 Mayor Carr to present commendation to the Kiwanis of Huntington Beach President Shawn Wood for celebrating the organization’s 60th anniversary of service in Surf City 6. 21-422 Mayor Carr to present the “Making a Difference Award” to David Gins for his diligence in having the new, Mobi-Mat installed off the 6th Street parking lot to allow those with disabilities easy access to enjoy the ocean ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS (3-Minute Time Limit) – At approximately 6:00 PM, individuals wishing to provide a comment on agendized or non-agendized items may do so either in person by filling out Page 2 of 9 City Council/Public Financing AGENDA June 1, 2021 Authority a Request to Speak form, via computer through Zoom Webinar ID 971 5413 0528, or Zoom Webinar by phone by calling (669) 900-6833 (see agenda cover sheet for request to speak instructions). Zoom Webinar participants wishing to speak will be provided a 15-minute window to “raise their hands,” and prompted to speak when the Clerk announces their name or the last three digits of their phone number. All speakers are encouraged, but not required to identify themselves by name. Speakers providing comments in person will be called to speak first, and each speaker may have up to 3 minutes unless the volume of speakers warrants reducing the time allowance. COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS, AB 1234 REPORTING, AND OPENNESS IN NEGOTIATIONS DISCLOSURES CITY MANAGER'S REPORT 7. 21-427 Public Safety Update on Unlawful Assembly 8. 21-429 Smartmeter Technology Update CONSENT CALENDAR 9. 21-373 Approve and Adopt Minutes Recommended Action: A) Approve and adopt the City Council/Public Financing Authority regular meeting minutes dated May 3, 2021 , as written and on file in the office of the City Clerk; and, B) Approve and adopt the City Council/Public Financing Authority regular meeting minutes dated May 17, 2021, as written and on file in the office of the City Clerk . 10. 21-424 Approve appointments to the Mobile Home Advisory Board (MHAB) as recommended by City Council Liaisons Kim Carr and Mike Posey Recommended Action: Approve the following appointments to the MHAB effective immediately through August 5, 2025: A) Terrance Pham as an At-Large Member B) Vickie Talley as an Owner Member C) Chris Houser as an Owner Member 11. 21-425 Adopt Resolution No. 2021-39 Amending Section 3 of the City Council Manual Regarding the Day of Regular Council Meetings Page 3 of 9 City Council/Public Financing AGENDA June 1, 2021 Authority Recommended Action: Adopt Resolution No. 2021-39, “A Resolution of the City Council of the City of Huntington Beach Amending Section 3 of the City Council Manual Regarding the Day of Regular Council Meetings.” 12. 21-308 Approve and authorize execution of Professional Services Contracts for On-Call Development Review Engineering and Professional Consulting Services with Ardurra Group, Cannon Corporation, Derek J. McGregor, and HR Green Pacific Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute $500,000 Professional Services Contract between the City of Huntington Beach and Ardurra Group, Inc., for On-Call Development Review Engineering and Professional Consulting Services; and, B) Approve and authorize the Mayor and City Clerk to execute $500,000 Professional Services Contract between the City of Huntington Beach and Cannon Corporation for On-Call Development Review Engineering and Professional Consulting Services; and, C) Approve and authorize the Mayor and City Clerk to execute $500,000 Professional Services Contract between the City of Huntington Beach and Derek J. McGregor, Inc., for On-Call Development Review Engineering and Professional Consulting Services . 13. 21-392 Approve and authorize execution of Professional Services Contracts for On-Call Civil Engineering, Surveying, and Consulting Services with Ardurra Group, BKF Engineers, RAK Development dba Kreuzer Consulting Group, Psomas, and Stantec Consulting Services, Inc. Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute $1,000,000 “Professional Services Contract Between the City of Huntington Beach and Ardurra Group for On-Call Civil Engineering, Surveying, and Professional Consulting Services;” and, B) Approve and authorize the Mayor and City Clerk to execute $1,000,000 “Professional Services Contract Between the City of Huntington Beach and BKF Engineers for On-Call Civil Engineering, Surveying, and Professional Consulting Services;” and, C) Approve and authorize the Mayor and City Clerk to execute $1,000,000 “Professional Services Contract Between the City of Huntington Beach and Kreuzer Consulting Group for On-Call Civil Engineering, Surveying, and Professional Consulting Services;” and, D) Approve and authorize the Mayor and City Clerk to execute $1,000,000 “Professional Services Contract Between the City of Huntington Beach and Psomas for On-Call Civil Page 4 of 9 City Council/Public Financing AGENDA June 1, 2021 Authority Engineering, Surveying, and Professional Consulting Services;” and, E) Approve and authorize the Mayor and City Clerk to execute $1,000,000 “Professional Services Contract Between the City of Huntington Beach and Stantec Consulting Services, Inc. for On-Call Civil Engineering, Surveying, and Professional Consulting Services .” 14. 21-395 Approve and authorize execution of Professional Services Contracts for On-Call Civil Engineering, Surveying and Professional Consulting Services with Moffatt & Nichol, Anchor QEA, LLC and COWI North America Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute $650,000 “Professional Services Contract Between the City of Huntington Beach and Moffatt and Nichol for On-Call Civil Engineering, Surveying and Professional Consulting Services;” and, B) Approve and authorize the Mayor and City Clerk to execute $250,000 “Professional Services Contract Between the City of Huntington Beach and Anchor QEA, LLC for On-Call Civil Engineering, Surveying and Professional Consulting Services;” and, C) Approve and authorize the Mayor and City Clerk to execute $250,000 “Professional Services Contract Between the City of Huntington Beach and COWI for On-Call Civil Engineering, Surveying and Professional Consulting Services . 15. 21-428 Consider positions on legislation pending before the State and Federal Legislature, as recommended by the Intergovernmental Relations Committee (IRC) Recommended Action: Approve one or more City positions on the following State legislation: A) Watch Assembly Bill 1177 (Santiago) - California Public Banking Option Act B) Support Assembly Bill 1158 (Petrie-Norris) - Alcoholism or drug abuse recovery or treatment facilities 16. 21-418 Adopt Ordinance No. 4230 amending the Municipal Code and Zoning and Subdivision Code to eliminate the Environmental Assessment Committee and Subdivision Committee (Appeal of Planning Commission Denial of Zoning Text Amendment (ZTA) No. 21-002) Approved for introduction May 17, 2021 - Vote: 6-1 (Peterson - No) Recommended Action: Page 5 of 9 City Council/Public Financing AGENDA June 1, 2021 Authority Adopt Ordinance No. 4230, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapters 2.33, and 2.56 of the Huntington Beach Municipal Code; Chapters 240, 248, 250 and 251 of the Huntington Beach Zoning and Subdivision Code Removing All References to the Subdivision and Environmental Assessment Subcommittees (Zoning Text Amendment No. 21-002).” 17. 21-419 Adopt Ordinance No. 4231 adding Section 17.48.050 to the Huntington Beach Municipal Code Chapter to amend Subsection A of Section 690.13 of the California Electrical Code Approved for introduction May 17, 2021 - Vote: 7-0 Recommended Action: Adopt Ordinance No. 4231, “An Ordinance of the City Council of the City of Huntington Beach Adding Section 17.48.050 to the Huntington Beach Municipal Code Chapter to Amend Subsection A of Section 690.13 of the California Electrical Code.” PUBLIC HEARING When the Mayor opens an item scheduled for Public Hearing, individuals wishing to provide a comment may do so either in person by filling out a Request to Speak form, via computer through Zoom Webinar ID 971 5413 0528, or Zoom Webinar by phone by calling (669) 900-6833 (see agenda cover sheet for request to speak instructions). Zoom Webinar participants wishing to speak will be provided a 15-minute window to “raise their hands,” and prompted to speak when the Clerk announces their name or the last three digits of their phone number. All speakers are encouraged, but not required to identify themselves by name. Speakers providing comments in person will be called to speak first, and each speaker may have up to 3 minutes unless the volume of speakers warrants reducing the time allowance. 18. 21-396 Adopt Resolution No. 2021-34 adopting the 2020 Urban Water Management Plan (UWMP); Adopt Resolution No. 2021-35 adopting the 2020 Water Shortage Contingency Plan (WSCP); Approve for introduction Ordinance No. 4233 amending Chapter 14.18 of the Huntington Beach Municipal Code Water Management Program; and, Adopt Resolution No. 2021-33 adopting the Amendment to the Adopted 2015 UWMP Recommended Action: A) Adopt Resolution No. 2021-34, “A Resolution of the City Council of the City of Huntington Beach Adopting the 2020 Urban Water Management Plan Pursuant to AB797 and SB1011”; and, B) Adopt Resolution No. 2021-35, “A Resolution of the City Council of the City of Huntington Beach Adopting the 2020 Water Shortage Contingency Plan Pursuant to Page 6 of 9 City Council/Public Financing AGENDA June 1, 2021 Authority AB797 and SB1011”; and, C) Approve for introduction Ordinance No. 4233, “An Ordinance of the City of Huntington Beach Amending Chapter 14.18 of the Huntington Beach Municipal Code Water Management Program”; and , D) Adopt Resolution No. 2021-33, “A Resolution of the City Council of the City of Huntington Beach Adopting the Amendment to the Adopted 2015 Urban Water Management Plan Pursuant to AB797 and SB1011 .” 19. 21-426 Consider Adopting Resolution No. 2021-38 to Adopt a Budget for the City for Fiscal Year 2021/2022; Resolution No. 2021-41 establishing the Gann Appropriation Limit for Fiscal Year 2021/2022; Resolution No. 2021-40 Levying a Retirement Property Tax for Fiscal Year 2021/2022 to Pay for Pre-1978 Employee Retirement Benefits; Resolution No. 2021-37 Setting Advanced Life Support, Basic Life Support, and Emergency Ambulance Transportation Fees to be Charged by the Fire Department; Resolution No. 2021-36 Amending the Community & Library Services Department Charges for Entrance To or Use of City Property (Supplemental Fee Resolution 14); Approve for introduction Ordinance No. 4232 Amending Huntington Beach Municipal Code Chapters 10.04 and 10.60 Relating to On-Street Parking Meter Zones; Approve the purchase of certain capital equipment and authorize the City Manager to enter into all documents necessary to acquire and lease finance the purchase of the capital equipment at an interest rate not to exceed 2.25%; approve the refinancing of the City’s four outstanding capital leases at an interest rate not to exceed 1.50%, and authorize the City Manager or designee to take all administrative and budgetary actions necessary to complete the refinancing; and, Authorize the Mayor to establish a three-person City Council Ad-Hoc Subcommittee to review expenditure opportunities and make recommendations to the City Council on how to best utilize funds received through the American Rescue Plan Act (ARPA) Recommended Action: A) Adopt Resolution No. 2021-38 , “A Resolution of the City Council of the City of Page 7 of 9 City Council/Public Financing AGENDA June 1, 2021 Authority Huntington Beach Adopting a Budget for the City for Fiscal Year 2021/22;” and, B) Authorize the Professional Services included in the FY 2021/2022 budget to be representative of the services projected to be utilized by departments in FY 2021/2022; and, C) Approve budget adjustments to the FY 2021/2022 Proposed Budget in the Funds and by the amounts contained in Attachment 2, Exhibit A-1; and, D) Adopt Resolution No. 2021-41, “A Resolution of the City Council of the City of Huntington Beach Establishing the Gann Appropriation Limit for Fiscal Year 2021/2022” of $1,049,513,696;” and, E) Adopt Resolution No. 2021-40, “A Resolution of the City Council of the City of Huntington Beach Levying a Retirement Property Tax for Fiscal Year 2021/2022 to Pay for Pre-1978 Employee Retirement Benefits;” and, F) Approve the purchase and 10-year lease financing for the replacement of the City’s three helicopters, fire engine, and rescue boat at an amount not to exceed $8.75 million, with an annual interest rate not to exceed 2.25% , and authorize the City Manager or designee to enter into any and all documents to finance the purchase of the capital equipment and take all administrative and budgetary actions necessary to complete the purchase and financing; and, G) Approve the refinancing of the City’s four outstanding capital leases (Schedules 1000141779,1000142350,1000143109, and 1000146094) at an annual interest rate not to exceed 1.50%, and authorize the City Manager or designee to enter into any and all documents and take all administrative and budgetary actions necessary to complete the refinancing; and, H) Adopt Resolution No. 2021-37, “A Resolution of the City Council of the City of Huntington Beach Setting Advanced Life Support, Basic Life Support, and Emergency Ambulance Transportation Fees to be Charged by the Fire Department of the City of Huntington Beach;” and, I) Approve for Introduction Ordinance No. 4232, “An Ordinance of the City of Huntington Beach Amending Chapters 10.04 and 10.60 of the Huntington Beach Municipal Code On-Street Parking Meter Zones;” and, J) Adopt Resolution No. 2021-36, “A Resolution of the City Council of the City of Huntington Beach Amending the Community Services & Library Department Charges for Entrance To or Use of City Property by Amending Resolution 2016-59, as Amended by Resolution Nos. 2017-28, 2017-44, 2017-46, 2018-01, 2018-29, 2018-48, 2018-55, Page 8 of 9 City Council/Public Financing AGENDA June 1, 2021 Authority 2019-07, 2019-19, 2019-87, 2020-37, 2021-17, and 2021-18, which Established a Consolidated Comprehensive Citywide Master Fee and Charges Schedule (Supplemental Fee Resolution 14); and, K) Authorize the Mayor to establish a three-person City Council Ad-Hoc Subcommittee to review expenditure opportunities and make recommendations to the City Council on how to best utilize funds received through the American Rescue Plan Act. COUNCILMEMBER ITEMS 20. 21-439 Submitted by Mayor Carr - Establish a Recovery Fund to Support Businesses Impacted by the May 21-23 Incidents Recommended Action: I recommend that the City Council direct the City Manager to develop a $20,000 Recovery Fund Program to support local downtown businesses that were impacted by the events from the May 21-23 weekend. 21. 21-441 Submitted by Councilmembers Dan Kalmick and Mike Posey - Consider agendizing a review of the Settlement Agreement reached in the Moore / Field v. Huntington Beach & Michael Gates Recommended Action: We recommend that the City Council vote to direct the City Manager to agendize at our next City Council meeting an analysis of the Settlement Agreement reached in the case Moore / Field v. City of Huntington Beach & Michael Gates, to include a full accounting of all costs incurred in the case. COUNCILMEMBER COMMENTS (Not Agendized) ADJOURNMENT The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Tuesday, June 15, 2021, 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