City Council/Public Financing Authority

AGENDA City Council/Public Financing Authority Tuesday, June 6, 2023 Council Chambers 2000 Main Street MAYOR AND CITY COUNCIL Huntington Beach, CA 92648 STAFF TONY STRICKLAND, Mayor --or-- AL ZELINKA, City Manager GRACEY VAN DER MARK, Mayor Pro Tem Virtual via Zoom Webinar MICHAEL E. GATES, City Attorney RHONDA BOLTON, Councilmember ROBIN ESTANISLAU, City Clerk PAT BURNS, Councilmember ALISA BACKSTROM, City Treasurer DAN KALMICK, Councilmember CASEY McKEON, Councilmember NATALIE MOSER, 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 June 6, 2023 Authority 2:00 PM - COUNCIL CHAMBERS CALL TO ORDER ROLL CALL Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, Burns CITY COUNCILMEMBER COMMENTS (3-Minute Time Limit) - The Mayor will facilitate a voluntary opportunity for members of the Huntington Beach City Council to individually make brief comments to the public. Please note that the Brown Act does not allow for lengthy comments, discussion, or action on topics that are not on the agenda. ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS (3-Minute Time Limit) At this time, the City Council will receive comments from members of the public regarding any topic, including items on the Study Session and/or Closed Session agendas. Individuals wishing to provide a comment on item(s) may do so in person by filling out a Request to Speak form delivered to the City Clerk. 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. Please note that the Brown Act does not allow discussion or action on topics that are not on the agenda. Members of the public who would like to speak directly with a Councilmember on an item not on the agenda may consider scheduling an appointment by contacting the City Council's Administrative Assistant at (714) 536-5553 or emailing the entire City Council at city.council@surfcity-hb.org. STUDY SESSION 1. 23-468 Parking Study RECESS TO CLOSED SESSION CLOSED SESSION 2. 23-472 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Pursuant to Government Code §54957 for performance evaluation of the City Manager. 3. 23-494 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Al Zelinka, City Manager, and Peter Brown, Chief Negotiator; also in attendance: Page 1 of 10 City Council/Public Financing AGENDA June 6, 2023 Authority Jose Rodriguez, Human Resources Manager; Theresa St Peter, Interim Director of Human Resources; Travis Hopkins, Assistant City Manager; Michael E. Gates, City Attorney; Eric Parra, Chief of Police; and Sunny Han, Acting Chief Financial Officer. Employee Organization: Police Management Association (PMA). 4. 23-473 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Tater/Staniskis v. City of Huntington Beach, et al.; USDC Case No. 8:20-cv-01772-MEMF (JDEx). 5. 23-474 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Tabares (Tiffany) v. City of Huntington Beach/Eric Esparza; OCSC Case No.: 30-2021-01200297. 6. 23-475 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Briscoe (John) v. Robin Estanislau, et al.; OCSC Case No. 30-2022-01273424. 7. 23-476 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Kennedy Commission, et al. v. City of Huntington Beach, et al.; OCSC Case No. 30-2015-00801675. 8. 23-486 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: People of the State of California/Bonta v. City of Huntington Beach/Zelinka; Case No. 30-2023-01312235. 6:00 PM – COUNCIL CHAMBERS RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING ROLL CALL Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, Burns PLEDGE OF ALLEGIANCE INVOCATION Page 2 of 10 City Council/Public Financing AGENDA June 6, 2023 Authority 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. 9. 23-464 Huntington Beach Police & Fire Chaplain Roger Wing CLOSED SESSION REPORT BY CITY ATTORNEY ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) MAYOR'S ANNOUNCEMENT 10. 23-477 Mayor Strickland to recognize May 23rd as “Sammy Hagar Day,” acknowledging the rock star and his investment in Huntington Beach via the new Cabo Wabo Beach Club at the Waterfront Beach Resort PUBLIC COMMENTS (3-Minute Time Limit) At this time, the City Council will receive comments from members of the public regarding any topic, including items on the open session agenda. Individuals wishing to provide a comment may do so in person by filling out a Request to Speak form delivered to the City Clerk. 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. Please note that the Brown Act does not allow discussion or action on topics that are not on the agenda. Members of the public who would like to speak directly with a Councilmember on an item not on the agenda may consider scheduling an appointment by contacting the City Council's Administrative Assistant at (714) 536-5553 or emailing the entire City Council at city.council@surfcity-hb.org. While the City Council welcomes public involvement and supports and defends free speech, the City Council rejects comments from anyone that are discriminatory, defamatory or otherwise not protected free 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 APPOINTMENT ANNOUNCEMENTS Councilmembers may make brief announcements on any appointments made to a board, committee, or commission. Councilmembers may not discuss or take any action on these announcements. Announcements are limited to 1 minute. AB 1234 REPORTING Per AB 1234 (Government Code Section 53232.3(d)) Councilmembers who attend a meeting, conference, or similar event at the expense of the City must provide a brief report of the meeting, Page 3 of 10 City Council/Public Financing AGENDA June 6, 2023 Authority conference, or similar event during the next regular City Council meeting. Reports are limited to 1 minute. OPENNESS IN NEGOTIATION DISCLOSURES Councilmembers must publicly disclose any meetings or communications with City employee associations, related to the negotiations of labor agreements. Disclosures are limited to 1 minute and must be made by the next regular City Council Meeting. CITY MANAGER'S REPORT 11. 23-466 May 2023 Vector Control Board AB 1234 Report 12. 23-493 Quality of Life Community Survey Results Presentation CITY ATTORNEY'S REPORT 13. 23-484 Update on the City of Huntington Beach v. State, Department of Finance lawsuit 14. 23-485 Update on the Pacific Airshow v. City of Huntington Beach lawsuit and settlement CITY CLERK'S REPORT 15. 23-458 May Update of Activities for Citizen Boards, Commissions, Committees (BCCs) and Regional Agencies Recommended Action: None. Monthly updates are for informational purposes only. CONSENT CALENDAR OFFICE OF THE CITY CLERK 16. 23-457 Approve and Adopt Minutes Recommended Action: A) Approve and adopt the City Council/Public Financing Authority regular meeting minutes of May 16, 2023; and, B) Approve and adopt the City Council/Public Financing Authority special meeting minutes of May 16, 2023. POLICE DEPARTMENT Page 4 of 10 City Council/Public Financing AGENDA June 6, 2023 Authority 17. 23-462 Annual Military Equipment Use Report (AB 481) Recommended Action: A) Find that each type of military equipment identified in that report attached hereto as Attachment 1 complies with the following standards for approval: 1. The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. 2. The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties. 3. Any future purchased equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. 4. Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance; and, B) Renew Ordinance No. 4255 authorizing the continued use of the listed military equipment by the Police Department (Annual Military Equipment Use Report (AB 481), Exhibit 3). PUBLIC WORKS DEPARTMENT 18. 23-434 Approve and authorize execution of a Professional Services Contract in the amount of $1,350,000 over 3 years with Enterprise Automation to provide On Call Engineering Services for Water and Wastewater SCADA Systems Recommended Action: Approve and authorize the Mayor and City Clerk to execute the “Professional Services Contract Between the City of Huntington Beach and Enterprise Automation for On-Call Engineering Services for Water and Wastewater SCADA Services. 19. 23-437 Accept bid and authorize execution of a construction contract with Crosstown Electrical & Data, Inc. in the amount of $445,480.00 for the construction of fiber optic communications along Garfield Avenue (CC-1682), and authorize change orders (as needed) not to exceed 15 percent Recommended Action: A) Accept the lowest responsive and responsible bid submitted by Crosstown Electrical & Data, Inc., in the amount of $445,480.00; and, B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney; and, C) Authorize the Director of Public Works to execute change orders not to exceed a total of 15 percent of the construction costs, or $66,822. Page 5 of 10 City Council/Public Financing AGENDA June 6, 2023 Authority 20. 23-447 Accept bid and authorize execution of a construction contract with International Line Builders, Inc. in the amount of $250,656.00 for the construction of Fiber Optic Communications to the Oak View Community Center and water well, CC-1636 and authorize change orders not to exceed 15 percent Recommended Action: A) Accept the lowest responsive and responsible bid submitted by International Line Builders, Inc. in the amount of $250,656.00; and, B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney; and C) Authorize the Director of Public Works to execute change orders not to exceed a total of 15 percent of the construction contract, or $37,598. 21. 23-460 Accept bid and authorize execution of a construction contract with Crosstown Electrical & Data, Inc., in the amount of $625,650 for the construction of fiber optic communications along Gothard Street (CC-1692), issuance of change orders not to exceed 15 percent (as needed), and the appropriation of $149,805 from the undesignated Traffic Impact Fee fund balance Recommended Action: A) Accept the lowest responsive and responsible bid submitted by Crosstown Electrical & Data, Inc., in the amount of $625,650.00; and, B) Appropriate $149,805 of undesignated Traffic Impact Fee balance to Traffic Impact Fee account 20685201.82700; and, C) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney; and, D) Authorize the Director of Public Works to execute change orders (as needed) not to exceed a total of 15 percent of the construction contract, or $93,848 . 22. 23-461 Approve the Infrastructure Fund Annual Report for FY 2021/22 Recommended Action: Approve the Infrastructure Fund Annual Report for FY 2021/22. 23. 23-463 Accept bid and authorize execution of a construction contract with Elecnor Belco Electric, Inc. in the amount of $145,763 for the construction of Fiber Optic Communications to the Central Library, Page 6 of 10 City Council/Public Financing AGENDA June 6, 2023 Authority CC-1722, and authorize change orders not to exceed 15 percent Recommended Action: A) Accept the lowest responsive and responsible bid submitted by Elecnor Belco Electric, Inc. in the amount of $145,763; and, B) Appropriate $90,815 of undesignated Public Education and Government Access (PEG) funds to PEG fund business unit 24385101.82800; and, C) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney; and, D) Authorize the Director of Public Works to execute change orders not to exceed a total of 15 percent of the construction contract, or $21,864. PUBLIC HEARING 24. 23-481 Consider Adopting Resolution No. 2023-24 to Adopt a Budget for the City for Fiscal Year 2023/2024 and Authorize the Corresponding Appropriation and Transfer of $4.9 Million of AES Reserves and $3.9 Million of Equipment Replacement Reserves and Return to a 12-year Paving Cycle; Resolution No. 2023-25 Establishing the Gann Appropriation Limit for Fiscal Year 2023/2024; Resolution No. 2023-23 Levying a Retirement Property Tax for Fiscal Year 2023/2024 to Pay for Pre-1978 Employee Retirement Benefits; Resolution No. 2023-27 Amending the City’s Classification Plan by Adding the Classifications of Graphic Designer, Multimedia Officer, and Municipal Records Manager; Resolution No. 2023-28 to Adopt a Revised General Fund Reserve Policy; Resolution No. 2023-26 Acknowledging Receipt of a Report Made by the Fire Chief of the Huntington Beach Fire Department Regarding the Inspection of Certain Occupancies Required to Perform Annual Inspections in such Occupancies Pursuant to Sections 13146.2 and 13146.3 of the California Health and Safety Code; Approve and Authorize the execution of Amendment No. 2 to the Agreement between the City of Huntington Beach and Mind OC for Pilot Mobile Crisis Response Program; and Approve and Authorize the Execution of Professional Services Contract between the City of Huntington Beach and National Council for Community Development (NDC) for Technical Assistance Services Recommended Action: A) Adopt Resolution No. 2023-24, “A Resolution of the City Council of the City of Page 7 of 10 City Council/Public Financing AGENDA June 6, 2023 Authority Huntington Beach Adopting a Budget for the City for Fiscal Year 2023/2024” (Attachment 2); and, B) Authorize the Professional Services included in the FY 2023/24 budget to be representative of the services projected to be utilized by departments in FY 2023/24 (Attachment 3); and, C) Authorize the appropriation and transfer of the full balance ($4.9 million) of the AES Reserve from the General Fund to the AES Mitigation Fund 1284; and, D) Authorize the appropriation and transfer of $3,903,803 from the General Fund Equipment Replacement Reserve to the Equipment Replacement Fund 324; and, E) Approve the return to a 12 year paving cycle; and, F) Adopt Resolution No. 2023-25, “A Resolution of the City Council of the City of Huntington Beach Establishing the Gann Appropriation Limit for Fiscal Year 2023/2024” of $1,171,687,773” (Attachment 4); and, G) Adopt Resolution No. 2023-23, “A Resolution of the City Council of the City of Huntington Beach Levying a Retirement Property Tax for Fiscal Year 2023/2024 to Pay for Pre-1978 Employee Retirement Benefits” (Attachment 5); and, H) Adopt Resolution No. 2023-27, “A Resolution of the City Council of the City of Huntington Beach Amending the City’s Classification Plan by Adding the Classifications of Graphic Designer, Multimedia Officer, and Municipal Records Manager” (Attachment 6); and, I) Adopt Resolution No. 2023-28, “A Resolution of the City Council of the City of Huntington Beach Adopting a Revised General Fund Reserve Policy” (Attachment 7) and authorize the City Manager or designee to execute all administrative and budgetary actions necessary to consolidate certain General Fund Assigned Fund Balances to the Economic Uncertainties Reserve in order to meet the City’s two-month Emergency Reserve requirement; and, J) Adopt Resolution No. 2023-26, “A Resolution of the City Council of the City of Huntington Beach, California Acknowledging Receipt of a Report Made by the Fire Chief of the Huntington Beach Fire Department Regarding the Inspection of Certain Occupancies Required to Perform Annual Inspections in such Occupancies Pursuant to Page 8 of 10 City Council/Public Financing AGENDA June 6, 2023 Authority Sections 13146.2 and 13146.3 of the California Health and Safety Code” (Attachment 8); and, K) Approve and authorize the Mayor and City Clerk to execute “Amendment No. 2 to Agreement between the City of Huntington Beach and Mind OC for Pilot Mobile Crisis Response Program” (Attachment 9); and, L) Approve and authorize the Mayor and City Clerk to execute “Professional Services Contract between the City of Huntington Beach and National Council for Community Development (NDC) for Technical Assistance Services” (Attachment 10) . ADMINISTRATIVE ITEMS 25. 23-488 Introduction of the Proposed Memorandum of Understanding Between the Huntington Beach Police Officers’ Association and the City of Huntington Beach for July 1, 2023 through June 30, 2025 Recommended Action: Approve introduction of the proposed Memorandum of Understanding Between the Huntington Beach Police Officers’ Association and the City of Huntington Beach for the period July 1, 2023 through June 30, 2025. COUNCILMEMBER ITEMS 26. 23-480 Submitted by Council Member Burns - Request to Form a Charter Review Ad Hoc Council Committee to Recommend Proposed Charter Amendments Recommended Action: A) Designate Mayor Tony Strickland to lead an ad hoc committee of himself and two other City Council Members of his choice to work with the City Attorney’s Office, if necessary, and to return to City Council at a regular City Council meeting in July of this year with recommendations for proposed Charter Amendments; and, B) It is also requested that the City Clerk, who is our local elections official, provide a timeline of events or deadlines the City is required to meet in order to get any proposed City Charter Amendments on the ballot for the March 5, 2024 election. 27. 23-497 Submitted by Council Member McKeon - Decertification of Beach Edinger Corridor Specific Plan Environmental Impact Report Recommended Action: Direct the City Attorney and City Manager to return to the City Council with a plan for decertification of the BECSP EIR and vacate all associated findings . Page 9 of 10 City Council/Public Financing AGENDA June 6, 2023 Authority ADJOURNMENT A special meeting of the Huntington Beach City Council will be held at 9:00 AM in Rooms C&D of the Huntington Central Library, 7111 Goldenwest Street, Huntington Beach, California on Thursday, June 8, 2023. The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Tuesday, June 20, 2023, 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 10 of 10