City Council/Public Financing Authority

AGENDA City Council/Public Financing Authority Tuesday, March 15, 2022 4:30 PM Study Session / 5:00 PM Closed Session Regular Meeting - 6:00 PM MAYOR AND CITY COUNCIL STAFF BARBARA DELGLEIZE, Mayor Council Chambers SEAN JOYCE, Interim City Manager MIKE POSEY, Mayor Pro Tem MICHAEL E. GATES, City Attorney 2000 Main Street RHONDA BOLTON, Councilmember ROBIN ESTANISLAU, City Clerk KIM CARR, Councilmember Huntington Beach, CA 92648 ALISA BACKSTROM, City Treasurer DAN KALMICK, Councilmember --or-- NATALIE MOSER, Councilmember Virtual via Zoom Webinar ERIK PETERSON, Councilmember IN-PERSON PUBLIC PARTICIPATION/ZOOM ACCESS: Members wishing to attend the meeting in person are encouraged to wear a face covering. Assembly Bill 361 (AB 361) authorizes public meetings to take place via teleconference (i.e., virtual using Zoom), or in person if in part, State and Local officials continue to recommend measures to promote social distancing. In addition to this hybrid format, alternate ways to view City Council meetings live or on-demand remain: livestreamed on HBTV Channel 3 (replayed on Wednesday’s at 10:00 a.m. and Thursday’s at 6:00 p.m.); live and archived meetings for on-demand viewing accessed from https://huntingtonbeach.legistar.com/calendar; or, from any Roku, Fire TV or Apple device by downloading the Cablecast Screenweave App and searching for the City of Huntington Beach channel. PUBLIC COMMENTS: Individuals wishing to provide a comment on agendized or non -agendized items, including Study Session, Closed Session, and Public Hearing, may do so in person by completing a Request to Speak form delivered to the City Clerk, or from a virtual location by entering Zoom Webinar ID 971 5413 0528 via computer device, or by phone at (669) 900-6833. The Zoom Webinar can be accessed here: https://huntingtonbeach.zoom.us/j/97154130528. Instructions for those utilizing computer devices to request to speak are provided in each section of the agenda where public comments are accepted. Members of the public unable to personally participate in the meeting but interested in communicating with the City Council on agenda-related items are encouraged to submit a written (supplemental) communication via email at SupplementalComm@Surfcity-hb.org, or City.Council@surfcity-hb.org. Supplemental Communications are public record, and if received by 2:00 PM on the day of the meeting, will be distributed to the City Council prior to consideration of agenda -related items, posted to the City website, and announced, but not read, at the meeting. Communications received following the 2:00 PM deadline will be incorporated into the administrative record. 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. City Council/Public Financing AGENDA March 15, 2022 Authority 4:30 PM - COUNCIL CHAMBERS CALL TO ORDER ROLL CALL Peterson, Bolton, Posey, Delgleize, Carr, Moser, Kalmick ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS PERTAINING TO STUDY SESSION / CLOSED SESSION ITEMS - At approximately 4:30 PM, individuals wishing to provide a comment on item(s) scheduled for Study Session or Closed Session may do so either in person by filling out a Request to Speak form delivered to the City Clerk, via computer through Zoom Webinar ID 971 5413 0528, or Zoom Webinar by phone by calling (669) 900-6833. Once the Mayor opens Public Comments, in-person participants will be called to speak first. Zoom Webinar participants wishing to speak will be provided a 15-minute window to select the “Raise Hand” feature in the Webinar Controls section. Attendees entering the Webinar and requesting to speak by phone can enter *9 to enable the “Raise Hand” feature, followed by the *6 prompt that unmutes their handheld device microphone. Individuals will be prompted to speak when the Clerk announces their name or the last three digits of their phone number. After a virtual speaker concludes their comment, their microphone will be muted but they may remain in Webinar attendance for the duration of the Study Session. All speakers are encouraged, but not required to identify themselves by name. Each speaker may have up to 3 minutes unless the volume of speakers warrants reducing the time allowance. STUDY SESSION 1. 22-142 Mid-Year Joint Meeting of the Citizen Participation Advisory Board (CPAB) and City Council to review Community Development Block Grant (CDBG) Recommendations 2022-23 Roll Call of the Citizen Participation Advisory Board: Mike Massie, Peter Andres, Gigi Jackson, Parna Ghosh, Macey Lachman RECESS TO CLOSED SESSION CLOSED SESSION 2. 22-225 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Bottoms (Mark) v. City of Huntington Beach, et al.; OCSC Case No. 30-2021-01196342. 3. 22-226 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION. Page 1 of 7 City Council/Public Financing AGENDA March 15, 2022 Authority Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9: Number of Cases: One (1) - Code Four. 6:00 PM – COUNCIL CHAMBERS RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING ROLL CALL Peterson, Bolton, Posey, Delgleize, Carr, 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. 4. 22-178 Jenny Braithwaite with Shepard of the Hills’ Self Help Interfaith Program and member of the Greater Huntington Beach Interfaith Council CLOSED SESSION REPORT BY CITY ATTORNEY AWARDS AND PRESENTATIONS 5. 22-157 Mayor Delgleize to call on members of the Marina High School Girls Wrestling Team who recently won the 2022 CIF-Southern Section Central Division Championships 6. 22-224 Mayor Delgleize to call on Edison High School Senior Brayden Boggs who was accepted to the US Merchant Marine Academy in Kings Point, NY 7. 22-208 Mayor Delgleize to present the Mayor’s HB Excellence Award for the month March to Denise Grushon, Office Assistant II, Department of Public Works ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS - 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 delivered to the City Clerk, via computer through Zoom Webinar ID 971 5413 0528, or Zoom Page 2 of 7 City Council/Public Financing AGENDA March 15, 2022 Authority Webinar by phone by calling (669) 900-6833. Once the Mayor opens Public Comments, in-person participants will be called to speak first. Zoom Webinar participants wishing to speak will be provided a 15-minute window to select the “Raise Hand” feature in the Webinar Controls section. Attendees entering the Webinar and requesting to speak by phone can enter *9 to enable the “Raise Hand” feature, followed by the *6 prompt that unmutes their handheld device microphone. Individuals will be prompted to speak when the Clerk announces their name or the last three digits of their phone number. After a virtual speaker concludes their comment, their microphone will be muted but they may remain in Webinar attendance for the duration of the meeting. All speakers are encouraged, but not required to identify themselves by name. 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 CONSENT CALENDAR 8. 22-187 Approve and Adopt Minutes Recommended Action: A) Approve and adopt the City Council/Public Financing Authority special meeting minutes dated February 4, 2022; and, B) Approve and adopt the City Council/Public Financing Authority regular meeting minutes dated March 1, 2022 9. 22-169 Approve the West Orange County Water Board (WOCWB) proposed budget for Fiscal Year 2022/23 with the City of Huntington Beach amount of $1,036,594 Recommended Action: Approve the WOCWB proposed budget for FY 2022/23 with the City of Huntington Beach share being $1,036,594. 10. 22-002 Reaffirm adoption of Resolution No. 2021-62 finding a proclaimed state of emergency continues to impact the ability to meet safely in person, and allows meetings of the City Council and all City boards, commissions and committees to be conducted remotely as needed Page 3 of 7 City Council/Public Financing AGENDA March 15, 2022 Authority in compliance with new Brown Act provisions identified in Assembly Bill 361 Recommended Action: Reaffirm Resolution No. 2021-62, “A Resolution of the City Council of the City of Huntington Beach, California, finding that the proclaimed state of emergency continues to impact the ability to meet safely in person.” 11. 22-023 Adopt Resolution 2022-01 ordering the Summary Vacation of a Storm Drain Easement at 18431 Beach Boulevard and 18455 Beach Boulevard; and, authorize recordation Recommended Action: A) Adopt Resolution 2022-01, “A Resolution of the City Council of the City of Huntington Beach Ordering the Summary Vacation of a Storm Drain Easement on Property Located at 18431 Beach Boulevard and 18455 Beach Boulevard;” and, B) Authorize the Director of Public Works to determine a specific date to instruct the City Clerk to record the said Resolution and attached exhibits with the Orange County Recorder. 12. 21-666 Adopt Resolution No. 2022-05 approving the City of Huntington Beach Sewer System Management Plan (SSMP) Update Recommended Action: Adopt Resolution No. 2022-05, “A Resolution of the City Council of the City of Huntington Beach Updating the Sewer System Management Plan.” 13. 22-128 Accept the lowest responsive and responsible bid, approve appropriation and authorize execution of a construction contract with California Waters Development, Inc., in the amount of $2,665,504.99 for the Central Library Fountain Restoration Project, CC-1630 Recommended Action: A) Accept the lowest responsive and responsible bid submitted by California Waters Development., Inc., in the amount of $2,665,504.99; and, B) Appropriate $2,110,430 from the Infrastructure Fund to account 31440005.828 00; and, C) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. 14. 22-146 Adopt Resolution No. 2022-04 establishing a pierhead line adjacent to Lots 6 & 7 of Tract 5829 (16850 and 16854 Bayview Drive) Recommended Action: Page 4 of 7 City Council/Public Financing AGENDA March 15, 2022 Authority Adopt Resolution No. 2022-04 , “A Resolution of the City Council of the City of Huntington Beach Establishing a Pierhead Line Adjacent to Tract 5829” which provide a wharfage width of 25 feet adjacent to the subject lots (Attachment 1) . 15. 22-176 Accept additive alternative bid item #1 for the Fiber Optic Communications project from City Hall to Pier Plaza and authorize execution of a change order contract with project contractor, Elecnor Belco Electric, Inc. (EBE) to accommodate the additive alternative bid item; and, approve appropriation of funds, CC-1621 Recommended Action: A) Accept the additive alternative bid item #1 to the lowest responsive and responsible bid submitted by Elecnor Belco Electric, Inc., in the amount of $85,000; and, B) Authorize the Mayor and City Clerk to execute a construction change order contract with Elecnor Belco Electric, Inc. in a form approved by the City Attorney; and, C) Appropriate $110,500 from the Energy Efficiency Fund to account 80787002.82800 to fund this bid item, which includes the lowest responsive and responsive bid amount of $85,000 plus contingency and other administrative expenses. 16. 22-184 Approve and authorize execution of contract Amendment No. 1 with Advanced Avant-Garde Corporation for On-Call Grant Writing and Administrative Consulting Services Recommended Action: Approve and authorize the Mayor and City Clerk to execute “Amendment No. 1 to Agreement Between the City of Huntington Beach and Advanced Avant-Garde Corporation for On-Call Grant Writing and Administrative Consulting Services” increasing the not-to-exceed amount to $500,000 and extending the contract term one additional year. 17. 22-216 Approve and authorize execution of a Service Agreement between the City of Huntington Beach and the Huntington Beach Downtown Business Improvement District (HBDBID) for Management and Operation of an Artisan Fair at Huntington Beach Pier Plaza Recommended Action: Approve and authorize the Mayor and City Clerk to execute “Service Agreement Between the City of Huntington Beach and the Huntington Beach Downtown Business Improvement District for Management and Operation of the Pier Plaza Artisan Fair.” 18. 22-212 Consider adoption of the 2022 City Council Strategic Planning Work Plan Page 5 of 7 City Council/Public Financing AGENDA March 15, 2022 Authority Recommended Action: Adopt the 2022 City Council Work Plan. PUBLIC HEARING Individuals wishing to provide a comment on an item scheduled for Public Hearing may do so either in person by filling out a Request to Speak form delivered to the City Clerk, via computer through Zoom Webinar ID 971 5413 0528, or Zoom Webinar by phone by calling (669) 900-6833. Once the Mayor opens Public Comments, in-person participants will be called to speak first. Zoom Webinar participants wishing to speak will be provided a 15-minute window to select the “Raise Hand” feature in the Webinar Controls section. Attendees entering the Webinar and requesting to speak by phone can enter *9 to enable the “Raise Hand” feature, followed by the *6 prompt that unmutes their handheld device microphone. Individuals will be prompted to speak when the Clerk announces their name or the last three digits of their phone number. After a virtual speaker concludes their comment, their microphone will be muted but they may remain in Webinar attendance for the duration of the meeting. All speakers are encouraged, but not required to identify themselves by name. Each speaker may have up to 3 minutes unless the volume of speakers warrants reducing the time allowance. 19. 22-183 Approve and authorize execution of a Memorandum of Understanding (MOU) between the City and the Huntington Beach Auto Dealers Association extending the Auto Incentive Beach Parking Program for an additional five (5) years Recommended Action: A) Open the public hearing and receive written and oral testimony; and, B) Approve and authorize the Mayor and City Clerk to execute a new “Memorandum of Understanding Between the City of Huntington Beach and the Huntington Beach Auto Dealers Association.” ADMINISTRATIVE ITEMS 20. 22-191 Adopt Resolution No. 2022-09 modifying the salary and benefits for non-represented employees and approve for introduction Ordinance No. 4250 to amend Section 2.76.010 of the Huntington Beach Municipal Code related to exclusions from competitive service; and, authorize appropriation of funds Recommended Action: A) Adopt Resolution No. 2022-09, “A Resolution of the City Council and the City of Huntington Beach Modifying Salary and Benefits for Non-Represented Employees;” and, B) Approve for Introduction Ordinance No. 4250, “An Ordinance of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Amending Section 2.76.010 Page 6 of 7 City Council/Public Financing AGENDA March 15, 2022 Authority Thereof Related to Exclusions from the Competitive Service;” and, C) Authorize appropriations for all costs related to implementation of Resolution No. 2022-09. COUNCILMEMBER ITEMS 21. 22-186 Submitted by Mayor Delgleize - Request for City Council approval of direction to staff to identify methods for improving ongoing maintenance of public restrooms at the 6th Street beach lot Recommended Action: Direct staff to identify methods for improving ongoing maintenance of public restrooms at various locations along the beach path and return to the City Council with a program for doing so. COUNCILMEMBER COMMENTS (Not Agendized) ADJOURNMENT IN MEMORY OF JEREMY AND JOSHUA PAGE The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Tuesday, April 5, 2022, 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 7 of 7