City Council/Public Financing Authority

AGENDA CITY COUNCIL/PUBLIC FINANCING AUTHORITY Tuesday, November 2, 2021 Council Chambers 2000 Main Street Huntington Beach, CA 92648 No Study Session / Closed Session 4:00 PM Regular Meeting - 6:00 PM MAYOR AND CITY COUNCIL KIM CARR, Mayor BARBARA DELGLEIZE, Mayor Pro Tem RHONDA BOLTON, 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 November 2, 2021 Authority 4:00 PM - COUNCIL CHAMBERS CALL TO ORDER ROLL CALL Peterson, Bolton, Delgleize, Carr, Posey, Moser, Kalmick ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS (3 Minute Time Limit) - At approximately 4:00 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 should “raise their hands,” and will be 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. 21-815 Mayor Carr to Announce: Pursuant to Government Code § 54957.6, the City Council takes this opportunity to publicly introduce and identify designated labor negotiators: Oliver Chi, City Manager and Travis Hopkins, Assistant City Manager, who will be participating in today's Closed Session discussions regarding labor negotiations with: Huntington Beach Firefighters' Association (HBFA), Fire Management Association (FMA), Police Management Association (PMA), Marine Safety Management Association (MSMA), Management Employees' Organization (MEO) and Huntington Beach Municipal Teamster (HBMT) 2. 21-825 Mayor Pro Tem Barbara Delgleize to Announce: Pursuant to Government Code § 54957.6, the City Council takes this opportunity to designate Mayor Kim Carr, as labor negotiator regarding Unrepresented Employee, Oliver Chi, City Manager Page 1 of 9 City Council/Public Financing AGENDA November 2, 2021 Authority CLOSED SESSION 3. 21-811 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Californians for Homeownership, Inc. v. City of Huntington Beach; OCSC Case No. 30-2019-01107760. 4. 21-812 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: California Renters Legal Advocacy and Education Fund/THDT Investment, Inc. v. City of Huntington Beach; OCSC Case No.: 30-2020-01140855. 5. 21-813 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: City of Huntington Beach v. State of California (SB35, et al.); OCSC Case No. 30-2019-01044945. 6. 21-814 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Oliver Chi, City Manager and Travis Hopkins, Assistant City Manager. Employee Organizations: Huntington Beach Firefighters’ Association (HBFA), Fire Management Association (FMA), Police Management Association (PMA), Marine Safety Management Association (MSMA), Management Employees' Organization (MEO) and Huntington Beach Municipal Teamsters (HBMT). 7. 21-818 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Sheibe (Donna Mae) v. City of Huntington Beach, et al.; OCSC Case No.: 30-2020-01143653. 8. 21-819 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Jauregui (Roberto) v. City of Huntington Beach; OCSC Case No. 30-2020-01130558. Page 2 of 9 City Council/Public Financing AGENDA November 2, 2021 Authority 9. 21-820 PUBLIC EMPLOYMENT OF CITY MANAGER/EMPLOYEE PERFORMANCE EVALUATION. (Paragraph (1) of subdivision (b) of Section 54957.) Name/Title: Oliver Chi, City Manager. 10. 21-821 CONFERENCE WITH LABOR NEGOTIATORS (Unrepresented Employee) Government Code section 54957.6. Name/Title: Oliver Chi, City Manager, City Designated Representative: Kim Carr, Mayor *New 21-830 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, Bolton, Delgleize, Carr, Posey, Moser, Kalmick 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. 11. 21-789 Mr. Charles Niederman of Temple Beth David, Westminster and member of the Greater Huntington Beach Interfaith Council CLOSED SESSION REPORT BY CITY ATTORNEY AWARDS AND PRESENTATIONS 12. 21-605 Mayor Carr to present certificates to the City of Huntington Beach Citizens Academy participants who completed the City’s 4th Annual Academy 13. 21-808 Mayor Carr to proclaim November as National American Indian Heritage Month Page 3 of 9 City Council/Public Financing AGENDA November 2, 2021 Authority 14. 21-809 Mayor Carr to proclaim November 7 to 13 as National Nurse Practitioner Week and present proclamation to representatives from Huntington Beach Hospital 15. 21-828 Mayor Carr to accept a donation, on behalf of the City, from Warriors with Hope to install a second Mobi Mat that improves beach access for individuals with disabilities 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 a Request to Speak form, via computer through Zoom Webinar ID 971 5413 0528, or Zoom Webinar by phone by calling (669) 900-6833). 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. While the City Council welcomes public involvement and free speech, it rejects comments from anyone that are discriminatory, defamatory or otherwise not protected speech. Those comments will not inform nor be considered by the City Council and may be cause for the Mayor to interrupt the public speaker. Such public comments will not be consented to or otherwise adopted by the City Council in its discussions and findings for any matter tonight. COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS, AB 1234 REPORTING, AND OPENNESS IN NEGOTIATIONS DISCLOSURES CITY MANAGER'S REPORT *New 21-829 Huntington Beach Corner Market Code Enforcement Update CITY TREASURER'S REPORT 16. 21-781 Receive and File the City Treasurer's September 2021 Quarterly Investment Summary Report Recommended Action: Receive and file the City Treasurer’s Quarterly Investment Report for September 2021, pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach . Page 4 of 9 City Council/Public Financing AGENDA November 2, 2021 Authority CONSENT CALENDAR 17. 21-759 Approve and Adopt Minutes Recommended Action: Approve and adopt the City Council/Public Financing Authority special meeting minutes dated October 4, 2021, the regular meeting minutes dated October 5, 2021 and October 19, 2021, and the special meeting minutes of October 25, 2021, as written and on file in the office of the City Clerk . 18. 21-743 Receive and file the City Clerk’s quarterly listing of professional services contracts filed in the City Clerk’s Office between January 1, 2021 and June 30, 2021 Recommended Action: A) 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 January 1, 2021 and March 31, 2021;” and , B) 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, 2021 and June 30, 2021.” 19. 21-801 Comply with new Brown Act provisions identified in Assembly Bill 361 and adopt Resolution No. 2021-62 finding that the proclaimed state of emergency continues to impact the ability to meet safely in person Recommended Action: Adopt Resolution 2021-62, “A Resolution of the City Council of the City of Huntington Beach Finding That the Proclaimed State of Emergency Continues to Impact the Ability to Meet Safely in Person.” 20. 21-738 Approve and authorize the Police Department Technology Modernization Project to include the execution of a five-year contract with Intergraph Corporation (dba Hexagon) to upgrade the City’s Computer Aided Dispatch / Records Management System (CAD/RMS); and appropriate funds for the purchase of laptops, closed-circuit television cameras, mobile printers, public engagement software applications, and conference room upgrades Recommended Action: Page 5 of 9 City Council/Public Financing AGENDA November 2, 2021 Authority Approve and authorize the Mayor and City Clerk to take the following actions: A) Execute an agreement between the City of Huntington Beach and Intergraph Corporation for the Integrated Policing System for Police Computer Aided Dispatch / Records Management System; and, B) Appropriate American Rescue Plan Act funding for related Police Department Technology Modernization Project components described herein; and, C) Authorize the City Manager to appropriate any project expenses determined to be ineligible under the American Rescue Plan Act guidelines to the Technology Fund in an amount not to exceed $2 million. 21. 21-797 Approve the Sole Source Justification with Dooley Enterprises for the ongoing purchase of ammunition for the Huntington Beach Police Department (HBPD) Recommended Action: Approve the Sole Source Justification with Dooley Enterprises for the ongoing purchase of training and duty ammunition for HBPD personnel. 22. 21-773 Approve and authorize execution of a Reinstatement and Second Amendment to Site Access Agreement between the City and Chevron Environmental Management Company (EMC) to conduct environmental work for City-owned property located at 18477 Beach Boulevard Recommended Action: Approve and authorize the Mayor and City Clerk to execute the “Reinstatement and Second Amendment to Site Access Agreement” between the City of Huntington Beach and Chevron Environmental Management Company (EMC). 23. 21-786 Approve and authorize execution of Professional Services Contracts for On-Call Construction Management and Engineering Services with Arcadis, U.S., Inc., Ardurra, Inc., Berg & Associates, Inc., Dudek, Psomas, RMA Group, Inc., Totum Corp, and Wallace & Associates, Inc. Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute a $2,000,000 “Professional Services Contract Between the City of Huntington Beach and Arcadis, U.S., Inc., for On-Call Construction Management and Engineering Services;” and, Page 6 of 9 City Council/Public Financing AGENDA November 2, 2021 Authority B) Approve and authorize the Mayor and City Clerk to execute a $2,000,000 “Professional Services Contract Between the City of Huntington Beach and Ardurra, Group, Inc., for On-Call Construction Management and Engineering Services;” and, C) Approve and authorize the Mayor and City Clerk to execute a $2,000,000 “Professional Services Contract Between the City of Huntington Beach and Berg & Associates, Inc., for On-Call Construction Management and Engineering Services;” and, D) Approve and authorize the Mayor and City Clerk to execute a $2,000,000 “Professional Services Contract Between the City of Huntington Beach and Dudek, for On-Call Construction Management and Engineering Services;” and, E) Approve and authorize the Mayor and City Clerk to execute a $2,000,000 “Professional Services Contract Between the City of Huntington Beach and Psomas, for On-Call Construction Management and Engineering Services;” and, F) Approve and authorize the Mayor and City Clerk to execute a $2,000,000 “Professional Services Contract Between the City of Huntington Beach and RMA Group, Inc., for On-Call Construction Management and Engineering Services;” and, G) Approve and authorize the Mayor and City Clerk to execute a $2,000,000 “Professional Services Contract Between the City of Huntington Beach and Totum Corporation, for On-Call Construction Management and Engineering Services;” and, H) Approve and authorize the Mayor and City Clerk to execute a $2,000,000 “Professional Services Contract Between the City of Huntington Beach and Wallace & Associates Consulting, Inc., for On-Call Construction Management and Engineering Services.” 24. 21-787 Approve and authorize execution of an Exclusive Negotiating Agreement (ENA) with Surf City Partners, LLC for 21 Main Street at the Huntington Beach Pier Recommended Action: Approve and authorize the Mayor and City Clerk to execute the “Exclusive Negotiating Agreement Between City of Huntington Beach and Surf City Partners, LLC” to negotiate the terms of a lease agreement for 21 Main Street. 25. 21-793 Authorize execution of documents for permanent highway and temporary construction easements to Caltrans for Transportation Improvement Project State Route 1 - PCH and Main Street Recommended Action: Authorize the Mayor to execute “Easement Deed Highway” “Certificate of Occupancy and Receipt of Relocation Information” “Right of Way Contract” and “Right of Entry Form” for the transfer of property rights for the subject project easements. Page 7 of 9 City Council/Public Financing AGENDA November 2, 2021 Authority 26. 21-804 Adopt Ordinance No. 4236 approving Zoning Map Amendment No. 20-002 (Gisler Residential - 21141 Strathmoor Lane) - Approved for introduction 10/19/2021, Vote: 6-0-1 (Peterson-Absent) Recommended Action: Adopt Ordinance No. 4236, “An Ordinance of the City of Huntington Beach Amending the Huntington Beach Zoning and Subdivision Ordinance to Rezone the Real Property Located at 21141 Strathmoor Lane from Public-Semipublic (PS) to Residential Low Density (RL) (Zoning Map Amendment No. 20-002.)” (Attachment No. 3) 27. 21-805 Adopt Ordinance No. 4237 amending Huntington Beach Municipal Code Chapter 10.12 relating to speed limits on Atlanta Avenue between Huntington Street and Beach Boulevard - Approved for introduction 10/19/2021, Vote: 6-0-1 (Peterson-Absent) Recommended Action: Adopt Ordinance No. 4237, “An Ordinance of the City of Huntington Beach Amending Chapter 10.12.080 of the Huntington Beach Municipal Code Relating to Speed Limits.” 28. 21-806 Adopt Ordinance No. 4238 amending Chapter 5.120 of the Huntington Beach Municipal Code regulating Short-Term Rentals (STR) - Approved for introduction 10/19/2021, Vote: 6-0-1 (Peterson-Absent) Recommended Action: Adopt Ordinance No. 4238, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 5.120 of the Huntington Beach Municipal Code Regulating Short-Term Rentals.” (Attachment No. 1) ADMINISTRATIVE ITEMS 29. 21-803 Fiscal Year 2020/21 Year End Budget Adjustments, Inter-Fund Transfers, and Assignment Recommended Action: A) Approve the year-end inter-fund transfers for the Fiscal Year 2020/21 Revised Budget in the Funds and by the amounts contained in Attachment 1; and, B) Increase appropriations for the FY 2020/21 Revised Budget by $13,225,591 in the Funds and amounts contained in Attachment 1 and associated carryovers to reconcile the budget with actual expenses incurred . C) Approve the assignment of $3 ,650,000 in the General Fund for Litigation Reserves. Page 8 of 9 City Council/Public Financing AGENDA November 2, 2021 Authority COUNCILMEMBER ITEMS 30. 21-826 Submitted by Councilmember Kalmick - Develop A Plan and Cost Analysis to Move the City of Huntington Beach Municipal Corporation’s Power Consumption to 100% Renewable Energy Recommended Action: It is recommended that the City Manager direct the Public Works Department to prepare the analysis for City Council consideration. 31. 21-827 Submitted by Councilmember Kalmick and Councilmember Moser - Divest Corporate Bond Holdings of Fossil Fuel Corporations Recommended Action: Direct the City Manager and City Treasurer to develop a plan to divest our holdings in Chevron Corporate Bonds and reinvest the funds in an alternate fund in a manner that will not negatively affect the City’s return on investment. COUNCILMEMBER COMMENTS (Not Agendized) ADJOURNMENT The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Tuesday, November 16, 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