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HomeMy WebLinkAbout2017-06-05Minutes City Council/Public Financing Authority City of Huntington Beach Monday, June 5, 2017 4:00 PM - Council Chambers 6:00 PM - Council Chambers Civic Center, 2000 Main Street Huntington Beach, California 92648 A video recording of the 4:00 PM and 6:00 PM portion of this meeting is on file in the Office of the City Cleric, and archived at www.surfcity-hb-orgigovernment/aciendasI Present: O'Connell, Semeta, Posey, Barbara Delgleize, Hardy, Brenden, and Peterson Absent: None CALL TO ORDER — 4:00 PM ROLL CALL Present: O'Connell, Semeta, Posey, Barbara Delgleize, Hardy, Brenden, and Peterson Absent: None ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced supplemental communications that were received by her office following distribution of the Council Agenda packet: For Study Session Item No. 1, a PowerPoint communication entitled CPAB 2017-18 Recommendations. For Study Session Item No. 2, a PowerPoint communication entitled Wireless Plan Update. PUBLIC COMMENTS PERTAINING TO STUDY SESSION I CLOSED SESSION ITEMS (3 Minute Time Limit) — 2 Speakers The number fhh:mm:ss] following the speakers` comments indicates their approximate starting time in the archived video located at http://www. surfcity-hb. org/government/agendas. Mythili Arunachalam, Senior Manager, Verizon Wireless, was called to speak and spoke in support of Study Session Item No. 2, Wireless Master Plan Update. She discussed how wireless services are requested by residents, businesses and visitors, and attaching antennas to existing poles is a non - intrusive way to meet increasing demand. She also stated that Verizon is interested in working with the City to develop leasing and permitting infrastructure. (00:01:32) Dan Kalmick was called to speak and spoke in support of Study Session Item No. 2, Wireless Master Plan Update and Dig Once Policy. He stated his opinion that while these projects will not be completed in one day, having conduit available will be both a revenue source and potential infrastructure use for the City. (00:02:34) Council/PFA Regular Minutes June 5, 2017 Page 2 of 19 STUDY SESSION 1. Joint Meeting with Citizen Participation Advisory Board (CPAB) on Community Development Block Grant (CDBG) Funding Recommendations CPAB ROLL CALL Present: Andres, Byrne, Evans, Massie (arrived at 4:20 pm), Morrow, Traversi Absent: Grace -Bowers City Manager Wilson introduced Economic Development Project Manager Simone Slifman who, along with members of the CPAB, made a PowerPoint presentation entitled: CPAB 2017-18 Recommendations, Study Session Item #1 with slides entitled: 2017-18 HUD Allocations, CDBG Allocation Process, 2017-18 CDBG Allocations, 2017-17 CPAB Recommendations for Community Development Block Grant Funding, Public Services: 15% Cap (3), Public Improvements, Admin, Housing & Code Enf., 2017118 HOME, Questions for CPAB Members, HUD Uncertainty (2), and Staff Funded Suggestions (2). Councilmember Peterson and members of the CPAB discussed Code Enforcement staff vs. funding through the Police Department for homeless services and the hope that over time these services can be provided by private sector agencies rather than City employees. Councilmember O'Connell, Deputy Director of Economic Development Kellee Fritzal, and CPAB members discussed caps related to the $5,000 allocation for Senior Meals at the Senior Center, and 10% Admin costs. The Director of Community Services, Janeen Laudenback, clarified different Senior meal programs. Councilmember Semeta and CPAB members discussed the request of the Police Department for funding for two additional officers for homeless outreach. 2. Wireless Master Plan Update -- Staff along with Magellan Advisors provided an update on the status of the City's Wireless Master Plan, Zoning Text Amendment, and Dig Once Policy for telecommunications carriers. City Manager Wilson introduced Assistant to City Manager Antonia Graham who introduced Jory Wolf from Magellan Advisors. Mr. Wolf made a PowerPoint Presentation entitled Wireless Plan Update with slides entitled: Overview, Wireless Plan, Why Focus on Telecommunications? Small Cells on Streetlights, City assets, etc., Wireless Master Plan - GIS Mapping Tool, Deliverables for Managing Small Cell Sites, Committee Focused on Three Key Issues, Design Guidelines Don'ts, Design Guidelines - Do's, Zoning Code Proposed Changes, Proposed Dig Once Policy - Minimizing Excavation through Coordination, Street Maintenance Challenge - Need for Dig Once, Site Licensing & Revenue Opportunities, Legislative Update, Outreach, Next Steps, and Questions. Leslie Edwards, GIS Analyst II from the City's IS Department, who worked with Public Works and Community Development staff to create the GIS Mapping Tool, was introduced to explain some details for using the GIS Mapping Tool. Councilmember O'Connell and Assistant to City Manager Graham discussed which companies the City has been in discussions with. Councilmember O'Connell expressed his interest in seeing preference given to local businesses and products made in the USA in project specifications. Council/PFA Regular Minutes June 5, 2017 Page 3 of 19 Mayor Pro Tern Posey and Assistant to City Manager Graham discussed that if the City didn't own the utility poles the potential revenue would have gone to Edison rather than the City, and projections on potential earnings and number of poles which can be leased out. There was also discussion on Senate Bill 649 (Hueso) -Wireless telecommunications facilities, the many amendments being made, and the fact that providers may have to break or renegotiate their current contracts if SB 649 passes. Councilmember Brenden and Assistant to City Manager Graham discussed the cap on revenue as stipulated by tax requirements and some of the stipulations that could be imposed by SB 649. Staff will come back to Council with more details on projected revenues in the future. Mayor Delgleize and Mr. Wolf discussed funding options for the long term projects, the time -frame of approximately ten years (based on projects in other cities), and potential ramifications of SB 649. Councilmember Semeta and Planning Department staff discussed that the proposed update to the zoning ordinance will require a wireless permit application and staff review, rather than public hearings. RECESS TO CLOSED SESSION - 5:09 PM A motion was made by Semeta, second Hardy to recess to Closed Session for Item Nos. 2 - 6. With no objections, the motion passed. Mayor Delgleize Announced: Pursuant to Government Code § 54957.6, the City Council takes this opportunity to publicly introduce and identify designated labor negotiator, City Manager Fred Wilson, who will be participating in today's Closed Session discussions regarding labor negotiations with: Huntington Beach Firefighters' Association (HBFA), Huntington Beach Police Officers' Association (POA), and/or Surf City Lifeguard Employees' Association (SCLEA). CLOSED SESSION 3. Pursuant to Government Code § 54967.6, the City Council recessed into Closed Session to meet with its designated labor negotiators and Fred Wilson, City Manager regarding the following: Huntington Beach Firefighters' Association (HBFA), Huntington Beach Police Officers' Association (POA), and/or Surf City Lifeguard Employees' Association (SCLEA). Session to eonfeF with t-he G ifty AUGFney Fegarding the fellewing lawsuit! The Kennedy Commiission, et all. v. City Gf Huntingten Beac-hj Of!ange Gounty Superior CGUO Case Al ses-sie n to eenfer with the City AUGFAey Fegarding the following lawsuit; George and Kathleen PmGkett v. City of Huntington BeaGh!Steven Tilton, OFange County SuperiGF G v v�vv... av vv...a.. ...a.. auv v.aJ .-..rv...v) ..+ay... .....� �,....w.re... ..u`y..... v... sa.e.r.., ... ..........., tw" (2)w. Council/PFA Regular Minutes June 5, 2017 Page 4 of 19 6:00 PM — COUNCIL CHAMBERS RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING — 6:30 PM ROLL CALL Present: O'Connell, Semeta, Posey, Barbara Delgleize, Hardy, Brenden, and Peterson Absent: None PLEDGE OF ALLEGIANCE -- Led by Councilmember Hardy INVOCATION — Pat Goodman, parishioner of Holy Spirit Catholic Church in Fountain Valley, parish representative of the Self -Help Interfaith Program (SHIP) and member of the Greater Huntington Beach Interfaith Council. CLOSED SESSION REPORT BY CITY ATTORNEY -- None F_A'Tl .T11-Tt ►l�lIX; Uzi 4_�Z,l�If11IIs] Z K Mayor Delgleize called on Community Services Director Janeen Laudenback who introduced members of the City's Children's Needs Task Force to recognize the 2017 American Youth Character Awards, Wall of Fame Honorees. Dr. Phyllis Lembke, Chair of the City's Children's Needs Task Force, provided an overview of the program which honors and recognizes Huntington Beach youth in grades 3 to 12 who are peer role models and future leaders of the City. Youth Character Awards are presented to the youth who have demonstrated good character in their everyday lives. Honorees are: Martha Adame Timmy Benson Bella Brannon Ruby Brown Paige Choisnet Jeremy Duclos Evan Fooladivanda Ava Guard Riya Gupta Kaidin Milius Jake Pham Denisa Tudorache Julen Ucar Madison Woolbert Payton Woolbert Mayor Delgleize called on Mr. Jeff Snow from Rainbow, a Republic Services Co., who presented a commendation to Professional Commercial Driver, Javier Verduzco, for receiving the company- wide "Best of the Best 2017 Driver of the Year" award. This award acknowledges Javier as the top driver in the National Waste and Recycling industry for the whole United States. Javier has been driving for Rainbow since March 3, 1980, and his three priorities in life are faith, family and profession. Mayor Delgleize called on members of the Greater Huntington Beach Interfaith Council who highlighted the recent Annual Day of Service. Penelope Nichols, Chair of this year's 8th Annual Day of Service event, introduced committee members and briefly described the sixteen service projects utilizing over 1,000 local volunteers. Approximately 700 Huntington Beach volunteers donated about $40,000 worth of free labor. Mayor Delgleize called on Chair Jessica Budica and Vice Chair Debbie Killey of the City's Environmental Board who presented commendations to seven winners who participated in the recent art contest to promote clean beaches and anti liter. Their artwork will be on display at the International Surfing Museum in mid -July. The winners are: Holly Reynolds, Linda Tran, Olivia Almeida, Kari Lane; Audrey Booze, Aurora Harmor, Winston Lee, and one anonymous submission. ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced supplemental communications that were received by her office following distribution of the Council Agenda packet: Council/PFA Regular Minutes June 5, 2017 Page 5 of 19 For Consent Calendar Item No. 2, an email communication was received from Steve Engel. For Consent Calendar Item No. 17, five (5) email communications received from: Jennifer A. Thomas, President Bolsa Chica Land Trust, Mark Bixby, Belinda Shepherd, Patricia Goodman, and James O'Callaghan, Chamber of Commerce President, CEO. For Councilmember Item No. 21, five (5) email communications were received from Armory Hanson, Kathie Schey, Chris Varga, Fran Varga and Karen Jackie. PUBLIC COMMENTS (3 Minute Time Limit) — 33 Speakers The number [hh:mm: ss] following the speakers' comments indicates their approximate starting time in the archived video located at http://www.surfcity-hb.org/government/agendas. Stephanie Deagle, Chair, American Cancer Society Relay for Life, was called to speak and shared details for this year's 24-hour event in Central Park West, on August 12 at 10 a.m. to August 13 at 10 a.m., with activities for all ages. Details for this event and other fundraisers can be found at relayforlifehb.com. (01:51:29) Dan Kalmick, Treasurer, Bolsa Chica Land Trust, and Huntington Beach small business owner, was called to speak and voiced support for Consent Calendar Item No. 17, the "Community Choice Aggregator Non -Disclosure Agreement" with Southern California Edison. (01:53:55) Kathie Schey, Chair, Historic Resources Board, was called to speak and voiced opposition to Councilmember Item No. 21, park naming for the parcel parkland at 17th Street and Orange Avenue. She voiced concerns about how the proposed time frame would not allow for all of the required meetings to be held without calling a special meeting, and also felt that some of the historical facts submitted are not accurate. (01:56:56) Natalie Moser, a concerned citizen and business owner, was called to speak and asked that Mayor Delgleize and City Council join the growing group of U. S. Climate Mayors who are committed to adopting and upholding the Paris Climate Agreement goals. (01:58:68) David Humphreys, President, Huntington Beach Police Officers' Association, was called to speak and voiced concerns about the critical needs in the Police Department and the freezing of several positions related to Consent Calendar Item No. 2, the Fiscal Year 2016/17 Mid -Year Budget Adjustments. He also thanked Police Chief Handy and senior staff for the front desk project which will improve safety for officers and employees. (02:01:26) Yasha Nikitin, Vice President, Huntington Beach Police Officers' Association, was called to speak and thanked the City Council and Chief Handy for continuing to collaborate to make HBPD improvements and increasing safety equipment for police officers. Mr. Nikitin expressed a desire to see frozen funds as presented in Consent Calendar Item No. 2, the Fiscal Year 2016/17 Mid -Year Budget Adjustments, be released for critical needs of the department. (02:04:45) Norma Vander. Molen, Residents for Responsible Desalination, was called to speak and asked if the City Council is aware of proposed changes and actual costs for the Poseidon project. Ms. Vander Molen listed what in her opinion are many unresolved issues from previous Poseidon agreements with the City that the residents are still waiting to be informed of. (02:07:49) Steve Wicke, Sierra Club Angeles Chapter, was called to speak and voiced support for Consent Calendar Item No. 17, execution of a Southern California Edison (SCE) Non -Disclosure Agreement, or in Council/PFA Regular Minutes June 5, 2017 Page 6 of 19 his opinion allowing the residents of Huntington Beach a choice in who provides their electricity. (02:11:08) Brian Burley, Candidate for City Council in 2018, spoke to Council to share his support for term limits, and his opposition to voting districts which in his opinion, is not a solution for improving representation. (02:13:35) John Ehlenfeldt, Visit Huntington Beach (VHB), was called to speak and voiced support for Consent Calendar Item No. 11, execution of a two-year Local Shuttle Service Contract for seasonal shuttle service between various city destinations. He explained that Surf City Shuttles costs are paid by the visitors who stay in the City's hotels, announced that the Ambassador Program has been increased to four -man teams, three nights per week, making the Downtown area safer, and concluded comments by stating that details on the PCH Clean -Up project can be found at SurFCityUSA.com. (02:16:44) Tim Kowal, HB Tomorrow, was called to speak and voiced support for Councilmember Item No. 21, park naming for the parcel parkland at 17th Street and Orange Avenue. (02:19:17) Barbara Robinson was called to speak and voiced support for Councilmember Item No. 21, park naming for the parcel parkland at 17th Street and Orange Avenue. (02:20:24) Patty Mouton, Vice President, Alzheimer's Orange County, was called to speak and invited participation in the October 28, 2017, Walk for Alzheimer's event at the Pier. (02:22:02) Beverly Harrison, Alzheimer's Orange County Volunteer, was called to speak and shared her personal experience with support provided by Alzheimer's Orange County. (02:23:28) Amory Hanson, Candidate for City Council in 2018, was called to speak and voiced strong opposition for Councilmember Item No. 21, park naming for the parcel parkland at 17th Street and Orange Avenue because Mr. Rogers name should not be erased in this way from the City's history. (02:24:24) Michael Grant, Chamber of Commerce Member, was called to speak and voiced his support of Consent Calendar Item No. 17, execution of a Southern California Edison (SCE) Non -Disclosure Agreement. (02:27:06) Clay Sandidge, MuniFed Energy, was called to speak and voiced his support of Consent Calendar Item No. 17, execution of a Southern California Edison (SCE) Non -Disclosure Agreement. (02:28:59) Vitaly Lee, Vice Chair, Sustain OC, was called to speak and voiced his support of Consent Calendar Item No. 17, execution of a Southern California Edison (SCE) Non -Disclosure Agreement. (02:29:50) Steve Shepherd, local business owner, was called to speak and voiced his support of Consent Calendar Item No. 17, execution of a Southern California Edison (SCE) Non -Disclosure Agreement. (02:30:54) Shawn Thompson, Environmental Board Member, was called to speak and voiced her support of Consent Calendar Item No. 17, execution of a Southern California Edison (SCE) Non -Disclosure Agreement. (02:33:50) Suzanne Dehritz was called to speak and voiced her support of Consent Calendar Item No. 17, execution of a Southern California Edison (SCE) Non -Disclosure Agreement. (02:36:56) Karen Coyne was called to speak and voiced her support of Consent Calendar Item No. 17, execution of a Southern California Edison (SCE) Non -Disclosure Agreement. (02:37:17) Council/PFA Regular Minutes June 5, 2017 Page 7 of 19 Roger Gloss, Orange County for Climate Action, was called to speak and voiced his support of Consent Calendar Item No. 17, execution of a Southern California Edison (SCE) Non -Disclosure Agreement. (02:38:36) Michael Rotcher, Orange County for Climate Action, was called to speak and voiced his support of Consent Calendar Item No. 17, execution of a Southern California Edison (SCE) Non -Disclosure Agreement. (02:39,58) Joe Sullivan, International Brotherhood of Electrical Workers (IBEW) Local 11 and the National Electrical Association, Los Angeles, was called to speak and voiced support of Consent Calendar Item No. 17, execution of a Southern California Edison (SCE) Non -Disclosure Agreement. (02:41:21) Joe Galliani, Pro Bono Chair, South Bay Clean Power, was called to speak and voiced support of Consent Calendar Item No. 17, execution of a Southern California Edison (SCE) Non -Disclosure Agreement. (02:42:54) Jennifer Kropke, IBEW, was called to speak and voiced support of Consent Calendar Item No. 17, execution of a Southern California Edison (SCE) Non -Disclosure Agreement. (02:45:51) Angelina Galiteva was called to speak and voiced her support of Consent Calendar Item No. 17, execution of a Southern California Edison (SCE) Non -Disclosure Agreement. (02:46:30) Joseph D. Santiago was called to speak and voiced his support of Consent Calendar Item No. 17, execution of a Southern California Edison (SCE) Non -Disclosure Agreement. He also recommended thorough vetting and due diligence for Councilmember Item No. 21 by including the Historical Resources Board in the process of park naming for the parcel parkland at 17th Street and Orange Avenue. (02:48:55) Mark Sheldon was called to speak and voiced his support of Consent Calendar Item No. 17, execution of a Southern California Edison (SCE) Non -Disclosure Agreement. (02:50:05) Victor Valladares, Oak View ComUNIDAD, was called to speak and voiced concerns about Consent Calendar Item No. 13, a Non -Exclusive License Agreement with Children's Bureau of Southern California for the operation of the Oak View Center. He stated the interest of ComUNIDAD in becoming a part of the collaborative that represents the Oak View community. Mr. Valladares also expressed concerns about Study Session No. 1., Community Development Block Grant (CDBG) Funding Recommendations, especially related to funding for the Code Enforcement Officer assigned to Oak View. (02:52:20) Catherine Johnson was called to speak and voiced support of Councilmember Item No. 21, park naming for the parcel parkland at 17th Street and Orange Avenue. (02:55:31) Gloria Alvarez, Huntington Beach Preserve Our Past, Former Chair, Historic Resources Board, was called to speak and voiced support of Councilmember Item No. 21, park naming for the parcel parkland at 17th -Street and Orange Avenue. (02:56:48) Barbara Haynes, Huntington Beach Preserve Our Past, Former Chair, Historic Resources Board, was called to speak and voiced support of Councilmember Item, No 21, park naming for the parcel parkland at 17th Street and Orange Avenue. (03:00:00) Council/PFA Regular Minutes June 5, 2017 Page 8 of 19 COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS, AB 1234 REPORTING, AND OPENNESS IN NEGOTIATIONS DISCLOSURES Mayor Pro Tern Posey reported attending an Orange County Vector Control meeting. Councilmember O'Connell reported meeting with members of the HB Police Officers' Association (HBPOA), and participated in a conference call with the Association of California Cities - Orange County (ACC-OC). Councilmember Peterson reported attending the International Council of Shopping Centers (ICSC) RECON Las Vegas Conference with Economic Development staff. Councilmember Hardy reported meeting with HB Firefighters' Association members. Mayor Delgleize reported attending the International Council of Shopping Centers (ICSC) RECON Las Vegas Conference, an Orange County Transportation Authority (OCTA) Board meeting, and a meeting at the Orange County Sanitation District (OCSD). CITY MANAGER'S REPORT City Manager Fred Wilson announced a Federal Emergency Management Agency (FEMA) informational meeting regarding proposed flood map changes for Seal Beach and Huntington Beach on Wednesday, June 14, 6:30 PM, B-8. The proposed changes may affect property flood insurance rates. CONSENT CALENDAR Mayor Pro Tern Posey pulled Consent Calendar Item No. 10 for further discussion. Councilmember Brenden pulled Consent Calendar Item No. 11 for further discussion. Councilmember Peterson pulled Consent Calendar Item No. 17 for further discussion. Councilmember O'Connell pulled Consent Calendar Item Nos. 8, 13 and 19 for further discussion. 1. Approved and adopted minutes A motion was made by Posey, second O'Connell to review and adopt the City Council/Public Financing Authority regular meeting minutes dated May 15, 2017, as written and on file in the office of the City Clerk. The motion carried by the following vote: AYES: O'Connell, Semeta, Posey, Barbara Delgleize, Hardy, Brenden, and Peterson NOES: None 2. Approved Fiscal Year'2016/17 Mid Year Budget Adjustments; Authorized additional Professional Services authority in FY 2016117; Increased FY 2016117 Table of Organization A motion was made by Posey, second O'Connell to approve mid -year budget adjustments to the FY 2016/17 Revised Budget in the Funds and by the amounts contained in Attachment 1; and, authorize additional Professional Services authority in the Fiscal Year 2016/17 Revised Budget in the departments Council/PFA Regular Minutes June 5, 2017 Page 9 of 19 and by the amounts contained in Attachment 2; and, increase the FY 2016117 Table of Organization by 0.5 FTE in both the City Treasurer and Finance Departments. The motion carried by the following vote: AYES: O'Connell, Semeta, Posey, Barbara Delgleize, Hardy, Brenden, and Peterson NOES: None 3. Accepted the lowest responsive and responsible bid and authorized execution of a construction contract with AMPCO Contracting, Inc. in the amount of $576,240 for the Beach Boulevard Water Main Extension Projects, CC-1399 and CC-1406 A motion was made by Posey, second O'Connell to accept the lowest responsive and responsible base bid submitted by AMPCO Contracting, Inc. in the amount of $575,240; and, authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. The motion carried by the following vote: AYES: O'Connell, Semeta, Posey, Barbara Delgleize, Hardy, Brenden, and Peterson NOES: None 4. Accepted the lowest responsive and responsible bid and authorized execution of a construction contract with Hardy & Harper, Inc. in the amount of $1,388,000.00 for the Adams Avenue Rehabilitation and Atlanta Avenue Rehabilitation Project, CC-1502 A motion was made by Posey, second O'Connell to accept the lowest responsive and responsible base bid submitted by Hardy & Harper, Inc. in the amount of $1,388,000.00; and, authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. The motion carried by the following vote: AYES: O'Connell, Semeta, Posey, Barbara Delgleize, Hardy, Brenden, and Peterson NOES: None 5. Accepted the lowest responsive and responsible bid and authorized execution of a construction contract with All American Asphalt in the amount of $1,508,067 for the Residential Overlay of Maintenance Zone 10, CC-1542; and, authorized 16% in construction change orders A motion was made by Posey, second O'Connell to accept lowest responsive and responsible bid submitted by All American Asphalt in the amount of $1,508,067; and, authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney; and, authorize the Director of Public Works to approve up to fifteen percent (15%) in construction change orders. The motion carried by the following vote: AYES: O'Connell, Semeta, Posey, Barbara Delgleize, Hardy, Brenden, and Peterson NOES: None 6. Approved the Release of Securities for Tract 17034 and Accepted the Public Improvements (Brightwater Development 1 Signal Landmark) and authorized recordation Council/PFA Regular Minutes June 5, 2017 Page 10 of 19 A motion was made by Posey, second O'Connell to accept the improvements constructed and dedicated for public use with Tract 17034; and, release the Faithful Performance Bond No. K08842073 and Labor and Materials Bond No. K08842073 pursuant to the California Government Code Section No. 66499.7(a); and, instruct the City Clerk to notify Signal Landmark, A California Corporation, the subdivider of Tract No. 17034, of this action and the City Treasurer to notify Westchester Fire Insurance Company, of this action; and, instruct the City Clerk to record the "Notice of Acceptance of Public Improvements" with the Orange County Recorder. The motion carried by the following vote: AYES: O'Connell, Semeta, Posey, Barbara Delgleize, Hardy, Brenden, and Peterson NOES: None 7. Adopted Resolution No. 2017-22 authorizing cancellation of the City Council/Public Financing Authority regular meeting of July 3, 2017; and, directed the City Clerk to provide notice of such cancellation A motion was made by Posey, second O'Connell to adopt Resolution No. 2017-22, "A Resolution of the City Council of the City of Huntington Beach declaring the cancellation of the City Council and Public Financing Authority regular meeting of July 3, 2017; and, directing the City Clerk to provide notice of such cancellation." The motion carried by the following vote: AYES: O'Connell, Semeta, Posey, Barbara Delgleize, Hardy, Brenden, and Peterson NOES: None 8. Approved the Economic Development Implementation Plan Councilmember O'Connell pulled this item to confirm that certain typographical errors in the Economic Report were corrected. A motion was made by O'Connell, second Posey to approve the Economic Development Implementation Plan. The motion carried by the following vote: AYES: O'Connell, Semeta, Posey, Barbara Delgleize, Hardy, Brenden, and Peterson NOES: None 9. Approved the naming recommendation from the Community Services Commission of the Huntington Central Park concert bandstand in honor of Thomas Ridley, and approved the installation of a naming plaque A motion was made by Posey, second O'Connell to approve the recommendation from the Community Services Commission to officially name the Huntington Central Park Concert Bandstand the "Thomas Ridley Central Park Concert Bandstand" and approve the installation of a naming plaque. The motion carried by the following vote: AYES: O'Connell, Semeta, Posey, Barbara Delgleize, Hardy, Brenden, and Peterson Council/PFA Regular Minutes June 5, 2017 Page 11 of 19 NOES: None 10. Approved City Council position on legislation pending before the State Legislature as recommended by the City Council Intergovernmental Relations Committee (IRC) and authorized $5,000 contribution in support of the "Orange County Task Force on Drowning Prevention" Mayor Pro Tern Posey pulled this item to bring to the public's attention the City's opposition of Senate Bill 35 (Wiener), explaining that the bill creates a streamlined approval process for infill developments and localities that have failed to meet the regional housing needs assessment (RHNA), and removes local control. A motion was made by Posey, second O'Connell to approve a City position of Oppose on Assembly Bill 1479 (Bonta) Public Records: Custodian of Records; and, authorize a $5,000 contribution in support of the "Orange County Task Force on Drowning Prevention." The motion carried by the following vote: AYES: O'Connell, Semeta, Posey, Barbara Delgleize, Hardy, Brenden, and Peterson NOES: None 11. Approved and authorized execution of a two-year Local Shuttle Service Contract with Transportation Concepts in an amount not -to -exceed $380,000 to provide free, seasonal shuttle service between various city destinations Councilmember Brenden pulled this item to discuss the actual shuttle routes with staff who confirmed that this item only covers the shuttle service provided by the City between Bella Terra, through Downtown, to Pacific City. There will be an app which should help users determine when the shuttle will be at a selected stop. This item has nothing to do with the shuttle service "coast" route that is provided from Peter's Landing by Visit Huntington Beach (VHB). Councilmember Hardy confirmed with staff that the grant for this program is dependent upon ridership, and encouraged the public to utilize the service. A motion was made by Brenden, second Posey to authorize the Mayor and City Clerk to execute a two- year "Shuttle Services Agreement" with two (2) one-year options for renewal to Transportation Concepts to provide all shuttle services in an amount not to exceed $380,000. The motion carried by the following vote: AYES: O'Connell, Semeta, Posey, Barbara Delgleize, Hardy, Brenden, and Peterson NOES: None 12. Approved and authorized execution of a five-year License Agreement with Huntington Valley Little League, Inc. (HVLL) for the use and maintenance of baseball fields and related improvements at Wardlow Park A motion was made by Posey, second O'Connell to approve and authorize the Mayor and City Clerk to execute the "License Agreement Between the City of Huntington Beach and Huntington Valley Little League, Inc. for the Use and Maintenance of Baseball Fields and Related Improvements at Wardlow Park." Council/PFA Regular Minutes June 5, 2017 Page 12 of 19 The motion carried by the following vote: AYES: O'Connell, Semeta, Posey, Barbara Delgleize, Hardy, Brenden, and Peterson NOES: None 13. Approved and authorized execution of a Non -Exclusive License Agreement with Children's Bureau of Southern California for the operation of the Oak View Center located at 17261 Oak Lane Councilmember O'Connell pulled this item to ask if, or how, area residents or organizations are able to use the Oak View Center if this license agreement with Children's Bureau of Southern California is approved. Director of Community Services, Janeen Laudenback, explained that if a neighborhood group is not a part of the Collaborative, they are not allowed to use the facilities, and that this facility is not a typical recreation facility that the City rents out. Children's Bureau is the lead agency and they have Oak View collaborative meetings once a month which any interested group can attend. A motion was made by O'Connell, second Semeta to approve and authorize the Mayor and the City Clerk to execute the "Non -Exclusive License Agreement between the City of Huntington Beach and Children's Bureau of Southern California" for the operation of the Oak View Center. The motion carried by the following vote: AYES: O'Connell, Semeta, Posey, Barbara Delgleize, Hardy, Brenden, and Peterson NOES: None 14. Approved and authorized execution of the First Amendment to Water Conservation Participation Agreement with the Municipal Water District of Orange County (MWDOC) A motion was made by Posey, second O'Connell to approve and authorize the City Manager to execute "First Amendment to Water Conservation Participation Agreement" with the Municipal Water District of Orange County (MWDOC). The motion carried by the following vote: AYES: O'Connell, Semeta, Posey, Barbara Delgleize, Hardy, Brenden, and Peterson NOES: None 15. Approved and authorized execution of a 3-year Professional Services Contract in the amount of $200,000 with Go Live Technology for project management services; and, authorized transfer of funds A motion was made by Posey, second O'Connell to approve and authorize the Mayor and City Clerk to execute a "Professional Services Contract Between the City of Huntington Beach and Go -Live Technology, Inc. for As Needed Information Technology Project Management Services;" and, approve and authorize the use of existing Enterprise Land Management (ELM) budget and increase the Information Services Department professional services authority by $200,000. The motion carried by the following vote: AYES: O'Connell, Semeta, Posey, Barbara Delgleize, Hardy, Brenden, and Peterson Council/PFA Regular Minutes June 5, 2017 Page 13 of 19 NOES: None 16. Approved and authorized execution of an Agreement for Acquisition and Escrow Instructions with the M. Westland, LLC, for the Purchase of Real Property and Slope Easement for Heil Avenue Stormwater Pump Station - 16371 Gothard St. A motion was made by Posey, second O'Connell to approve the Agreement for Acquisition and Escrow Instructions between the City of Huntington Beach and M. Westland, LLC; and, authorize the Mayor to execute the "Purchase and Sale Agreement and Joint Escrow Instructions" and other related documents; and, authorize the City Manager to execute any other related escrow documents. The motion carried by the following vote: AYES: O'Connell, Semeta, Posey, Barbara Delgleize, Hardy, Brenden, and Peterson NOES: None 17. CONTINUE TO A STUDY SESSION HELD BY AUGUST 7, 2017 - Approve and authorize execution of a Southern California Edison (SCE) Non -Disclosure Agreement Councilmember Peterson pulled this item to clarify from his perspective some of the comments made earlier in the meeting about "individual" choice for power service and to share some facts from the Energy Department. Councilmember Peterson shared that the objective of Paul Flynn, the creator of Community Choice Aggregators (CCA), was to "supplant the capitalist market -based economy" and asked if the City Council really supports that philosophy. Councilmember Peterson requested that the experiences of other cities that have implemented a CCA be invited to share the pros and cons. Councilmember Semeta concurred with many of Councilmember Peterson's comments, and voiced support for inviting feedback from other cities that have implemented a CCA. City Manager Fred Wilson confirmed that the cost of the study would be approximately $25,000. Councilmember Hardy expressed support for holding a Study Session to become better educated on community choice aggregation policy before making a decision to fund the next steps. Councilmember Posey stated that he understands this item to be approving further investigation to determine whether or not a CCA is a viable option. In his opinion, the research will determine choices which may provide utility savings for local residents and businesses. Councilmember Brenden stated he has been researching CCAs for the last year and as he understands the program, if a resident chooses to use an alternative utility source but does not actually see the expected savings, they are then free to return to Edison. He also sees this item as approving further study and research, not making a commitment to implementing a program. Councilmember Peterson stated his reservations about requesting and paying for a report from a CCA advocacy group, and voiced opposition to City staff being responsible for finding the group to do the study. In his opinion, there should be an objective perspective that presents the pros and cons, and there needs to be a Study Session for further discussion before any funds are spent. Councilmember Hardy and City Manager Wilson discussed that it would most likely take about a month in order to identify and schedule experts to help the Council truly understand the pros and cons of CCAs at a Study Session. Council/PFA Regular Minutes June 5, 2017 Page 14 of 19 A motion was made by Hardy, second Peterson, to continue to a Study Session held by August 7, 2017 to define Community Choice Aggregator (CCA) before considering on the same date a request to approve and authorize the Mayor and City Clerk to execute the "Community Choice Aggregator Non - Disclosure Agreement" with Southern California Edition. Mayor Delgleize stated there could be a Study Session, but another way to get details could be a report from the organization that has assisted many other Orange County cities with this issue. Councilmember O'Connell voiced concerns about City staff advocating for a position on the item, the objectivity of the report, and stated support for discussion at a future Study Session. Councilmember Semeta stated that she feels it is critical to have a Study Session so that Council Members can clearly understand the pros and cons of CCAs, and would like to have that stated in the motion on the floor. Councilmember Hardy, the maker of the motion, agreed. A revised motion was made by Hardy, second Peterson to continue to a Study Session held by August 7, 2017 to define Community Choice Aggregator (CCA) and provide negative and positive points of information before considering on the same date a request to approve and authorize the Mayor and City Clerk to execute the "Community Choice Aggregator Non -Disclosure Agreement" with Southern California Edison. The revised motion carried by the following vote: AYES: O'Connell, Semeta, Posey, Barbara Delgleize, Hardy, Brenden, and Peterson NOES: None 18. Approved and authorized execution of Amendment No. 1 to an Attachment Agreement with Southern California Gas Company (SCG) for Advanced Meter Facilities on City -owned Street Lights A motion was made by Posey, second O'Connell to approve and authorize the City Manager to execute "Amendment No. 1 to Attachment Agreement by and Between the City of Huntington Beach, California and Southern California Gas Company." The motion carried by the following vote: AYES: O'Connell, Semeta, Posey, Barbara Delgleize, Hardy, Brenden, and Peterson NOES: None 19. Approved Contribution of Funds in the amount of $10,000 to the Huntington Beach International Surfing Museum (HBISM) for the "Surfing Circle of Honor - Celebrating Surfing in the Summer Games;" and authorized execution of a Grant Agreement Councilmember O'Connell pulled this item to recuse himself because of his financial interest in a business in the neighborhood of the Surfing Museum, and left the dais. A motion was made by Peterson, second Posey to approve and authorize the Mayor and City Clerk to execute the "Grant Agreement between the City of Huntington Beach and the Huntington Beach International Surf Museum." Council/PFA Regular Minutes June 5, 2017 Page 15 of 19 The motion carried by the following vote: AYES: Semeta, Posey, Barbara Delgleize, Hardy, Brenden, and Peterson RECUSED: O'Connell NOES: None PUBLIC HEARING 20. Adopted Resolution No. 2017-26 Ratifying Methodology for Residential Trash Rate Adjustments and Establishing 2017 Rates City Manager Wilson introduced Administrative Analyst Sr. Debra Jubinsky who, with Chief Financial Officer (CFO) Lori Ann Farrell Harrison, gave a PowerPoint Presentation entitled: Residential Trash Collection Rate with slides entitled: Solid Waste Franchise, Solid Waste Franchise Formula, Rainbow Compensation, Refuse Fund, Refuse Fund - Financial Operations, Refuse Fund (2), Proposed Residential Rates (2), Residential Refuse Rate Adj with CPI, Summary or Proposed Rates, Notification and Majority Protest (2), and Summary. Mayor Delgleize opened the Public Hearing --- 2 Speakers Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced supplemental communications that were received by her office following distribution of the Council Agenda packet for Public Hearing Item No. 20: A PowerPoint communication entitled Residential Trash Collection Rate; an email communication received from Mark Bixby; three (3) written protests received from Norman Lawson, Robert Hutchinson and Connie Ngo; and, twenty-five (25) email protests opposing rate increase received from: Deamber Anderton, Mark Bixby, Kathleen Brown, Gino J. Bruno (2), Sylvia Calhoun, Kathy Carrick, Peter Dunworth, Bill and Elaine Gailing, Connie Garver and March Hutchinson, Don Gibas, Stephanie Green, Tim Kunze, Joseph Mastropaolo, Linda Polkinghorne, Rob Pool, Robert Stiles, Cari Swan, Ann Tarkington, Lisa Thompson, Bruce Wareh, Chris and Sherrie Wolfe, Carol Woodworth, Andrea Avazian, Kirk Brimhall, and Denis Davenport Connie Ngo spoke in opposition to the item, voicing concerns about receiving her notification letter inside the 45-day notification period guideline. She also discussed her opinion that employees do not typically go to their employers and demand pay increases, and shared her recollection of a similar situation with Rainbow demanding an increase in rates. (04:07:01) Victor Valladares was called to speak and voiced his opposition to the item, stating that in his opinion Huntington Beach rates for refuse collection should be lower than those of surrounding cities because the transfer station is within the City limits. (04:10:32) There being no more speakers, Mayor Delgleize closed the Public Hearing. Mayor Delgleize and Director of Public Works Travis Hopkins discussed the Rainbow Franchise Agreement which stipulates that Rainbow collects the refuse and the City collects the payments and submits payment to Rainbow. The agreement includes an annual review and adjustment made based on the franchise formula. If this rate increase is not approved, then the City would be obligated find another revenue source to pay Rainbow's adjustment. Council/PFA Regular Minutes June 5, 2017 Page 16 of 19 Councilmember O'Connell confirmed with City Attorney Michael Gates the agreement was properly described, and confirmed with CFO Farrell Harrison that about seventeen percent (17%) of all City billing costs are attributed to refuse billings, for annual refuse billing cost of between $500,000 to $700,000. There is an economy of scale which is most likely more efficient (less costly for residents) and also provides a high standard of service than what might be provided by Rainbow because of the other billing services that the City provides. Councilmember Semeta and CFO Farrell Harrison discussed that the franchise agreement does include a separate fee that Rainbow pays to the City which goes into the General Fund. Director of Public Works Hopkins confirmed that the City is obligated to pay Rainbow the agreed upon adjustments and the City typically requires the residents to pay for the increased cost of services. Councilmember Semeta further stated she is pleased to know that the Council approved an Ad Hoc committee to analyze the Rainbow contract. Mayor Pro Tern Posey and CFO Farrell Harrison discussed the annual cost of approximately $50,000 for the cost of processing refuse credit card payments, and the current balance of the refuse account is running negative by approximately $565,000 due to the fact that refuse fees have not been increased since 2003. CFO Farrell Harrison described phasing in of the $0.20 increase over the next three years to restore the refuse fund balance. CFO Farrell Harrison further explained that if this rate increase is not approved, it will result in a larger deficit in the refuse fund and could eventually impact the City's credit rating, and confirmed for Mayor Pro Tern Posey that the City is providing the refuse billing service at a lesser cost to residents and businesses than any other option would be. Councilmember Peterson and CFO Farrell Harrison discussed why the Rainbow franchise fee is not used to offset the City`s actual refuse servicing costs, and options for municipalities to absorb credit card processing fees. Councilmember Hardy and CFO Farrell Harrison discussed the time to process credit card payments results in funds being deposited faster versus check payments. Councilmember Hardy stated her belief that the residents are definitely benefiting from having their refuse billing through the City versus Rainbow, and that a private company would not usually absorb the credit card processing costs. Councilmember O'Connell suggested that Rainbow be asked to reimburse the City for the approximately $50,000 in credit card payment costs which the City is currently subsidizing. Councilmember Brenden and CFO Farrell Harrison discussed how negative balance enterprise accounts affect a credit rating, and accepted methods for eliminating a negative balance. CFO Farrell Harrison further explained that cities with habitual negative enterprise funds are usually cities in distress. Councilmember Brenden and Public Works Director Hopkins discussed some of the components that make up the refuse rate differences from city to city. A motion was made by Posey, second Delgleize to adopt Resolution No. 2017-26, "A Resolution of the City Council of the City of Huntington Beach Adjusting and Ratifying Residential Refuse Rates by the Formula Established in the Revised and Restated Refuse Collection and Disposal Services Franchise Agreement." The motion carried by the following vote: AYES: O'Connell, Semeta, Posey, Barbara Delgleize, Hardy, and Brenden Council/PFA Regular Minutes June 5, 2017 Page 17 of 19 NOES: Peterson COUNCILMEMBER ITEMS 21. Item Submitted by Councilmember Brenden Approved - Park Naming for the parcel parkland at 17th Street and Orange Avenue Councilmember Brenden introduced this item as a result of being contacted by HB Preserve Our Past requesting that the 17th Street parkland be officially returned to the historical name: 17th Street Park. The purpose of this item is to put the request before the Community Services Commission Park Naming and Memorial Committee and to return their recommendation to City Council. Councilmember Brenden stated it would appear after the comments made earlier this evening that a bit more time is needed to evaluate the research that has already been done without requiring any special meetings. Councilmember Peterson stated that the City has a Historic Resources Board (HRB) of historians who should be involved in this process, and Councilmember Brenden agreed to consider amending the motion to include the HRB. Mayor Pro Tern Posey supported comments made by Councilmember Peterson, stated that he doesn't feel that City Council action should be needed for an item like this when there is a task force already set up, and indicated he would not support the item as proposed. Councilmember Semeta stated her opinion that the HRB definitely needs to have a voice in this decision, and that it wouldn't be fair to require them to have a special meeting to address this topic. That being said, she indicated she would not support the motion as stated. Councilmember Hardy stated her support of this item and her appreciation of the public comments made by Amory Hanson on this issue, and strongly suggested that the proper time be allowed for the process. A motion was made by Brenden, second O'Connell to refer consideration of the name of the Park at 17th and Orange to Community Services Commission Park Naming and Memorial Committee for review, in conjunction with the Historic Resources Board, and return with a recommendation to City Council within 90 days. The motion carried by the following vote: AYES: O'Connell, Semeta, Barbara Delgleize, Hardy, Brenden, and Peterson NOES: Posey COUNCILMEMBER COMMENTS (Not Agendized) Councilmember Peterson reported attending the 53rd Annual Queen's Rose Garden Celebration with the Mayor, which was put on by the Sand Dollars and attended by Miss Huntington Beach. Councilmember Semeta reported how proud she is of the recipients of the 2017 American Youth Character Awards, and the wonderful differences they are making throughout the City. Councilmember Hardy reported attending the School Garden Installation at Perry Elementary School and the American Youth Character Awards ceremony at Bella Terra Amphitheater. She thanked the American Legion for their Memorial Day Ceremony, the HB Concours d' Elegance for the Rod and Custom Show at HB Central Park, and she congratulated this year's graduating high school seniors. Council/PFA Regular Minutes June 5, 2017 Page 18 of 19 Councilmember Brenden reported attending the M2 Luncheon/Graduation Ceremony where students of Marina High school were provided an opportunity to explore the world of engineering for several weeks, the Golden West College Criminal Justice Training Center 50th Anniversary Celebration, Kiwanis Fishing Derby, the 2017 Duck-A-Thon Wine Tasting event, the Huntington Beach Public Art Alliance Unveiling of Public Art at Municipal Pier Utility Box, HB Library Volunteer Appreciation Event, and the American Youth Character Awards. Councilmember O'Connell reported attending the Kiwanis Fishing Derby, Duck-A-Thon and the Memorial Day Ceremony at Pier Plaza, the CSP Huntington Beach Youth Shelter 11th Anniversary Reception and Open House. He offered congratulations to the Youth Character Award recipients, and recognized the unfortunate victims of the terrorist attack in Manchester, England. Mayor Pro Tern Posey reported attending the Memorial Day Ceremony at Pier Plaza, and the HB Concours d' Elegance Salute to Lincoln, Bentley and Ducati. Mayor Delgleize reported attending the ICSC RECON Las Vegas Conference, Tour of MicroPAD - Innovative Solution to Homelessness at Tustin City Hall Parking Lot, HB Art Center Presents Art for Lunch, and American Youth Character Awards. RECESSED at 10:16 PM to Closed Session Item Nos. 4-6: 4. Pursuant to Government Code § 54956.9(d)(1), the City Council recessed into Closed Session to confer with the City Attorney regarding the following lawsuit: The Kennedy Commission, et al. v. City of Huntington Beach, Orange County Superior Court Case No. 30-2015-00801676, which concerns a challenge to the City Council action amending the Beach and Edinger Corridors Specific Plan. 5. Pursuant to Government Code § 54956.9(d)(1), the City Council recessed into Closed Session to confer with the City Attorney regarding the following lawsuit: George and Kathleen Pickett v. City of Huntington Beach/Steven Tilton, Orange County Superior Court Case No. 30-2014-00754342. 6. Pursuant to Government Code §54956.9(d)(2) the City Council recessed into Closed Session to confer with the City Attorney regarding potential litigation. Number of cases, two (2). CLOSED SESSION REPORT BY CITY ATTORNEY — By a vote of 7-0, the City Council authorized the City Attorney to take action (which includes the possibility of a lawsuit) against the California Department of Finance to recover money owed to the City from redevelopment. ADJOURNMENT — At 10:39 PM to the next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority on Monday, June 19, 2017, at 4:00 PM in the Civic Center Council Chambers, 2000 Main Street, Huntington Beach, California. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach and Secretary of the Public Financing Authority of the City of Huntington Beach, California ATTEST: Council/PFA Regular Minutes June 5, 2017 Page 19 of 19 Mayor-Chairft IAPWI City Clerk -Secretary