City Council/Public Financing Authority

AGENDA City Council/Public Financing Authority Tuesday, October 18, 2022 4:00 PM Study Session / 5:00 PM Closed Session 6:00 PM Regular Business Meeting Council Chambers MAYOR AND CITY COUNCIL 2000 Main Street STAFF BARBARA DELGLEIZE, Mayor Huntington Beach, CA 92648 AL ZELINKA, City Manager MIKE POSEY, Mayor Pro Tem MICHAEL E. GATES, City Attorney --or-- RHONDA BOLTON, Councilmember ROBIN ESTANISLAU, City Clerk KIM CARR, Councilmember Virtual via Zoom Webinar ALISA BACKSTROM, City Treasurer DAN KALMICK, Councilmember NATALIE MOSER, Councilmember 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 October 18, 2022 Authority 4:00 PM - COUNCIL CHAMBERS CALL TO ORDER ROLL CALL Peterson, Bolton, Posey, Delgleize, Carr, Moser, Kalmick Councilmember Peterson has requested permission to be absent pursuant to Resolution No. 2001-54; and City Clerk Estanislau has requested permission to be absent pursuant to City Charter Section 310 (a) ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS PERTAINING TO STUDY SESSION / CLOSED SESSION ITEMS (3 Minute Time Limit) - At approximately 4:00 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. 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. 22-844 City’s Infrastructure Report Card RECESS TO CLOSED SESSION CLOSED SESSION ANNOUNCEMENT(S) 2. 22-873 Mayor Delgleize to Announce: Pursuant to Government Code § 54957.6., the City Council takes this opportunity to publicly introduce and identify labor negotiators: Al Zelinka, City Manager; also in attendance: Brittany Mello, Director of Administrative Services, and Bob Longmire, Public Sector Personnel Consultants, regarding the following: Huntington Beach Municipal Teamsters (HBMT), Management Employees’ Organization (MEO), Police Officers’ Association (POA), Police Management Association (PMA), Huntington Beach Firefighters’ Association (HBFA), Fire Page 1 of 7 City Council/Public Financing AGENDA October 18, 2022 Authority Management Association (FMA), Marine Safety Management Association (MSMA), Surf City Lifeguard Employees' Association (SCLEA), and Non-Represented (Non-Associated) Employees (NA) 3. 22-882 Mayor Delgleize to Announce: Pursuant to Government Code § 54957.6., the City Council takes this opportunity to publicly introduce and identify labor negotiators: Al Zelinka, City Manager, and Peter Brown, Chief Negotiator; also in attendance: Brittany Mello, Director of Administrative Services; Travis Hopkins, Assistant City Manager; Eric Parra, Chief of Police; and Dahle Bulosan, Chief Financial Officer. Employee Organization: Police Officers’ Association (POA) CLOSED SESSION 4. 22-871 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Al Zelinka, City Manager; also in attendance: Brittany Mello, Director of Administrative Services, and Bob Longmire, Public Sector Personnel Consultants. Employee Organization: Huntington Beach Municipal Teamsters (HBMT), Management Employees' Organization (MEO), Police Officers' Association (POA), Police Management Association (PMA), Huntington Beach Firefighters' Association (HBFA), Fire Management Association (FMA), Marine Safety Management Association (MSMA), Surf City Lifeguard Employees' Association (SCLEA), and Non-Represented (Non-Associated) Employees (NA). 5. 22-872 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Al Zelinka, City Manager, and Peter Brown, Chief Negotiator; also in attendance: Brittany Mello, Administrative Services Director; Travis Hopkins, Assistant City Manager; Eric Parra, Chief of Police; and Dahle Bulosan, Chief Financial Officer. Employee Organization: Police Officers’ Association (POA). 6. 22-875 CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION (Gov. Code section 54956.9(d)(2).): One (1) - Air Show. 6:00 PM – COUNCIL CHAMBERS Page 2 of 7 City Council/Public Financing AGENDA October 18, 2022 Authority RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING ROLL CALL Peterson, Bolton, Posey, Delgleize, Carr, Moser, Kalmick Councilmember Peterson has requested permission to be absent pursuant to Resolution No. 2001-54; and City Clerk Estanislau has requested permission to be absent pursuant to City Charter Section 310 (a) 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. 7. 22-752 Deacon Matt Calabrese of St. Simon & Jude Catholic Church and member of the Greater Huntington Beach Interfaith Council CLOSED SESSION REPORT BY CITY ATTORNEY AWARDS AND PRESENTATIONS 8. 22-808 Mayor Delgleize to proclaim October 23 to 31 “Red Ribbon Week” and present proclamation to members and volunteers of the Southeast County Young Marines 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 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. Page 3 of 7 City Council/Public Financing AGENDA October 18, 2022 Authority 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 9. 22-835 Edison Park Update CONSENT CALENDAR 10. 22-832 Approve and Adopt Minutes Recommended Action: Approve and adopt the City Council/Public Financing Authority regular meeting minutes of October 4, 2022. 11. 22-239 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 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.” 12. 22-829 Citywide Flag Policy and Authorization of Commemorative Flags Recommended Action: A) Approve Commemorative Flags section and adopt into Huntington Beach City Council manual; and, B) Receive and file Administrative Regulation 705: Citywide Flag Policy. 13. 22-847 Approve the purchase of two new ambulances from Braun Northwest Inc. in the amount of $630,915.12; and approve a one-time appropriation of $25,915.12 from the Equipment Replacement Fund Page 4 of 7 City Council/Public Financing AGENDA October 18, 2022 Authority balance to Fund 32440209 for this purchase Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute “Service Agreement Between the City of Huntington Beach and Braun Northwest, Inc. for the Purchase of Two (2) New North Start 167-1 Module Ambulances” in the amount of $630,915.12 based upon HGAC Contract AM10-20, in accordance to Municipal Code 3.02.080; and , B) Approve a one-time appropriation of $25,915.12 from the Equipment Replacement Fund balance to Fund 32440209 for the purchase of two new ambulances . 14. 22-834 Approve and authorize execution of Amendment No. 1 to the Professional Services Agreement with Carl Warren and Company for Subrogation/Property Recovery 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 Carl Warren and Company for Liability Claim Investigation and Processing,” as prepared by the City Attorney. ADMINISTRATIVE ITEMS 15. 22-737 Appropriate CalRecycle SB 1383 Local Assistance Grant Funds Recommended Action: Approve a budget appropriation of $278,482 in CalRecycle SB 1383 Local Assistance Grant Funds into the FY 2022-23 Budget to support the implementation of the City’s SB 1383 program. 16. 22-851 2022 Legislative Update Provided by Townsend Public Affairs Recommended Action: Receive and file the 2022 Legislative Update . 17. 22-852 Approve FY 2021/22 Year-End Budget Adjustment for the City’s Various Unfunded Liabilities Recommended Action: Approve the appropriation and transfer of $13,102,696 into the Workers’ Compensation, General Liability, Retiree Medical, Retirement Supplemental and Section 115 Trust Funds from the General Fund year-end balances. (See Attachment 1). ORDINANCES FOR INTRODUCTION 18. 22-838 Approve for Introduction Ordinance No. 4268 amending Huntington Beach Municipal Code Chapter 17.56 adopting California Fire Code Page 5 of 7 City Council/Public Financing AGENDA October 18, 2022 Authority and schedule a Public Hearing for November 15, 2022 Recommended Action: A) Approve for Introduction Ordinance No. 4268, “An Ordinance of the City of Huntington Beach Amending Chapter 17.56 of the Huntington Beach Municipal Code Adopting the California Fire Code and Repealing Ordinance No. 4189”; and, B) Direct that a Public Hearing be set for the adoption of Ordinance No. 4268 at the City Council’s November 15, 2022 meeting. This procedure is in accordance with California Government Code Title 5, Division 1, Part 1, as described in the Guide for Local Amendments of Building Standards 2022. 19. 22-839 Approve for Introduction Ordinance No. 4270 adopting the 2022 Model California Construction Codes and Schedule a Public Hearing for November 15, 2022 Recommended Action: A) Approve for Introduction Ordinance No. 4270, “An Ordinance of the City of Huntington Beach Amending Title 17 - Buildings and Construction of the Huntington Beach Municipal Code Adopting the California Building Standards Code and Repealing Ordinance No. 4190”; and, B) Direct that a Public Hearing be set for the adoption of Ordinance No. 4270 at the City Council’s November 15, 2022. COUNCILMEMBER ITEMS 20. 22-877 Submitted by Councilmember Kalmick - SB 6 and AB 2011 Local Control Implementation - Objective Standards Recommended Action: Direct the City Manager to task the Community Development Department to create objective standards for the local implementation of SB 6 and AB 2011 and, as an implementation target, have those standards brought through the Planning Commission and heard by the City Council by June 2023. 21. 22-881 Submitted by Councilmember Kalmick - Elected Official Conflict of Interest Reform Recommended Action: Direct the City Manager to create a process to maintain a list of ineligible persons or entities under SB 1439 rules. Have this in place by January 1, 2023. Additionally direct the City Manager to come back to a Study Session in Q1 of 2023 with suggested reforms to strengthen transparency and reporting of campaign contributions, conflict of interest and ethics rules and other best practices used throughout the County (or State as deemed appropriate). Page 6 of 7 City Council/Public Financing AGENDA October 18, 2022 Authority COUNCILMEMBER COMMENTS (Not Agendized) ADJOURNMENT The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Tuesday, November 1, 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