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HomeMy WebLinkAbout2018-10-01Minutes City Council/Public Financing Authority City of Huntington Beach Monday, October 1, 2018 4:30 PM - Council Chambers 6:00 PM - Council Chambers Civic Center, 2000 Main Street Huntington Beach, California 92648 A video recording of the 6:00 PM portion of this meeting is on file in the Office of the City Clerk, and archived at www.surfcity-hb.org/government/agendas/ Based on the lack of a Study Session and time needed to cover the Closed Session items, the meeting was called to order at 4:30 PM 4:30 PM - COUNCIL CHAMBERS CALLED TO ORDER •--- 4:30 PM ROLL CALL Present: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden Absent: None Pursuant to City Charter Section 309(d) City Attorney Michael Gates requested, and was granted, permission to be absent. ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) -- None PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS (3 Minute Time Limit) — None RECESSED TO CLOSED SESSION FOR ITEMS 2 -- 5 — 4:31 PM CLOSED SESSION ANNOUNCEMENT(S) 1. 18-317 Mayor Posey Announced: Pursuant to Government Code § 54967.6, the City Council takes this opportunity to publicly introduce and identify designated labor negotiators: Fred A. Wilson, City Manager, Peter Brown, outside counsel and Chief Negotiator, Lori Ann Farrell -Harrison, Assistant City Manager; also in attendance: David Segura, Fire Chief, Robert Handy, Chief of Police, Gilbert Garcia, Chief Financial Officer, Michele Warren, Director of Human Resources regarding the following: Huntington Beach Firefighters' Association (HBFA), Municipal Employees' Association (MEA), Management Employees' Organization (MEO), and Huntington Beach Police Officers' Association (POA). Council/PFA Regular Minutes October 1, 2018 Page 2 of 10 CLOSED SESSION 2. 18-377 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: Shay v. City of Huntington Beach, et al.; USDC Case No.: 8:17-CV-00744-AG (JCGx). 3. 18-378 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: City of Huntington Beach vs. Surf City Beach Cottages, LP; Orange County Superior Court Case No. 30-2016-00874885. 4. 18-388 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: Craig Bryant v. City of Huntington Beach Workers' Compensation Case Claim No. COHB-92-0115. 5. 18-392 Pursuant to Government Code § 54957.6, the City Council recessed into Closed Session to meet with its designated labor negotiators: Fred A. Wilson, City Manager, Peter Brown, outside counsel and Chief Negotiator, Lori Ann Farrell - Harrison, Assistant City Manager; also in attendance: David Segura, Fire Chief, Robert Handy, Chief of Police, Gilbert Garcia, Chief Financial Officer, Michele Warren, Director of Human Resources regarding the following: Huntington Beach Firefighters' Association (HBFA) and Municipal Employees' Association (MEA), Management Employees' Organization (MEO), and Huntington Beach Police Officers' Association (POA). 6:00 PM - COUNCIL CHAMBERS RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING — 6:00 PM ROLL CALL Present: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden Absent: None Pursuant to Charter Section 309(d), City Attorney Michael Gates requested, and was granted, permission to be absent. PLEDGE OF ALLEGIANCE — Led by Councilmember Semeta 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. 6. 18-304 Marsha Rechsteiner of Sts. Simon & Jude Catholic Church and member of the Greater Huntington Beach Interfaith Council CLOSED SESSION REPORT BY CITY ATTORNEY — None Council/PFA Regular Minutes October 1, 2018 Page 3 of 10 AWARDS AND PRESENTATIONS 7. 18-379 Mayor Posey presented commendations to members of the Air Traffic Noise Working Group to thank them for their participation. Members present to accept their commendation were Michael Bourgeault, Phil Burtis, Chris Kunze, Jeff Morin, Ed Mountford, Dave Porter, Gordon Smith and Mario Tabernig. 8. 18-380 Mayor Posey called on representatives from Orange County Transportation Authority (OCTA) to introduce the on -demand pilot program called "OC Flex." Johnny Dunning, Jr, Department Manager, Scheduling and Customer Advocacy, Orange County Transportation Authority (OCTA), presented a PowerPoint communication entitled OC Flex OCTA's Micro -Transit Pilot Program, with slides titled: OC Flex — Service Background, OC Flex — On Demand Service, OC Flex — Vehicles, OC Flex — Fares, Marketing Strategies/Tactics, and Next Steps. Councilmembers and Mr. Dunning discussed several details about the program such as expected wait times, seat belts required for all passengers, fees, age limit of 13 to ride without an adult, and how this area was selected for the pilot program. Foundation to present a Gherk fFOM the Constable Classic ChaFity Golf TGUrnamen tG renrn entati es ffo.m. Talk Ahn, t CUF*nn A1.4Ism (TAGA) 10.18-389 Mayor Posey called on Huntington Beach Fire Chief David Segura who proclaimed National Fire Prevention Week October 7 through 13. Fire Chief Segura explained the Look, Listen, Learn theme of National Fire Prevention Week as: Look for places where fires could start; Listen for the sound of smoke alarms; and, Learn two ways out of every room. He thanked and acknowledged the City's Fire Prevention staff who focus on education and enforcement, and announced the Fire Department Annual Open House on Saturday, October 13, 10 am — 2 pm at the Gothard Fire Station with live demonstrations and tours. 11.18-393 Mayor Posey called on Lindsey Zindroski from OC Makerspace, Chris Whiteside, Executive Dean from Golden West College, and John Hobson from Cielo and presented a proclamation declaring October 5 as National Manufacturers Day. Ms. Zindroski explained that National Manufacturers Day is an opportunity to acknowledge the importance of the manufacturing industry to Huntington Beach. Mr. Whiteside briefly described the manufacturing program offerings at Golden West College, and Mr. Hobson stated that modern day manufacturing includes many small businesses, which provide specialty support to bigger businesses. ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) Consent Calendar Item No. 12— 18-367 Interdepartmental Communication from Robin Estanislau, City Clerk, entitled Supplemental Communication — Correction to Agenda Item #12 — City Council Draft Minutes dated 911712018. Council/PFA Regular Minutes October 1, 2018 Page 4 of 10 Public Hearing Item No. 18— 18-332 PowerPoint communication submitted by Kellee Fritzal, Deputy Director Economic Development, entitled Amendment to HUD 2018-2019 Annual Action Plan for CDBG/HOME Programs. Ordinances for Introduction Item No. 19— 18-337 PowerPoint communication submitted by Police Chief Robert Handy, entitled Oversized Vehicles - Ordinance 4155 - Amend HBMC 10.44. Item No. 19— 18-337 Email communications regarding oversized vehicles received from Linda Peterson and Gina Borchers. Item No. 19— 18-337 Memorandum from Police Chief Robert Handy providing a revised draft of Ordinance No. 4155. PUBLIC COMMENTS (3 Minute Time Limit) The number [hh:mm: ss] following the speakers' comments indicates their approximate starting time in the archived video located at httD.1Avww. surfcity-hb. ora/aovernment/aaendas. Maureen was called to speak and shared her opinions and experiences regarding government employment processes and procedures as related to women. (00:32:01) Stephen Knight, resident of Huntington Beach and Vice Chair, Orange County Sober Living Coalition, was called to speak and shared information about sober living facilities and certifying agencies. (00:33:52) Mona Hansen, Downtown area resident, was called to speak and asked for help in addressing the huge bedroom windows facing her beach bungalow lot from the new three-story building going up adjacent to her property. Mayor Posey asked Ms. Hansen to complete a blue card for follow-up. (00:37:10) Bruce Allen, a resident living near Slater and Graham, was called to speak and described the exceptionally noxious gas smell in his neighborhood the previous night, and asked who knows what is really going on. Mayor Posey asked Mr. Allen to complete a blue card for follow-up. (00:40:03) KC Fockler, concerned citizen of Huntington Beach and candidate for City Council, was called to speak and stated his support for the Airport Noise Commission. He asked that an environmental impact study be part of the process because in his opinion, the issue is not just about noise, and also requested an update on the status of the City's proposed resolution from last February opposing new offshore drilling along the California coastline. (00:42:24) Teresa Carlisle, Chair, Huntington Beach Art Center Steering Committee, was called to speak and announced Surf City Arts Fest, a free event on Sunday, October 14th, 11 am — 4 pm, at the Huntington Beach Art Center and Triangle Park. (00:45:27) Denis Hollwedel, a resident of Huntington Beach and RV owner, was called to speak and shared his opposition to Ordinances for Introduction, Item 19 —18-337, regarding Ordinance No. 4155 and the Police Department request for oversized vehicle parking limit changes. (00:46:41) Council/PFA Regular Minutes October 1, 2018 Page 5 of 10 Yvonne Ansdell, resident of Huntington Beach and RV owner, was called to speak and shared her opposition to Ordinances for Introduction, Item 19—18-337, regarding Ordinance No. 4155 and the Police Department request for oversized vehicle parking limit changes. (00:49:30) COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS, AB 1234 REPORTING, AND OPENNESS IN NEGOTIATIONS DISCLOSURES Councilmember Hardy reported that she received messages from the Huntington Beach Police Officers' Association (HBPOA). Councilmember Delgleize reported that she received messages from the Huntington Beach Police Officers' Association (HBPOA), shared her excitement about the OC Flex pilot program in Huntington Beach, and reported attending a meeting of the Santa Ana River Flood Protection Agency where it was explained that the improvements being made at the northern portion of the Santa Ana River will remove the Flood Insurance requirement for some areas of Huntington Beach. Public meetings to present details are being planned and will be announced when details are available. Councilmember Brenden reported attending a Homeless Task Force meeting and announced that Orange County has $14M available through the Homeless Emergency Aid Program (HEAP) for different service providers addressing homeless issues in Orange County. He attended a Long Beach Airport Commission meeting where it was reported that 59 percent (59%) of air traffic noise complaints in July came from Huntington Beach residents, a Public Cable Television Authority (PCTA) meeting where the topic of discussion was a new FCC regulatory ruling that dictates how much a city may charge to allow small cell equipment on street lights, and several Downtown Business Improvement District (DBID) meetings to discuss policy changes and other changes related to the DBID boundary changes made at the last City Council meeting, including re -starting the Board election process because four of the candidates are no longer BID members. He also reported attending the School District Quarterly Meeting where high school students were recognized for their participation in National Voter Registration Day on September 25, Community Services reported on the number of City programs that utilized School District swimming pools during the summer, and where it was announced that the Community College District would be conducting an earthquake drill on October 18th at 10:18 am. Councilmember O'Connell reported attending a Housing Community Development Commission meeting where discussion took place on Homeless Emergency Aid Program (HEAP) statewide $14M grant funds. He reported meeting with members of the Huntington Beach Firefighters' Association (HBFA) and Huntington Beach Police Officers' Association (HBPOA), and attended the successful court hearing for the Sanctuary State SB 54 case filed by City Attorney Michael Gates, which prevents the state's overreach in trying to control our local police department. Councilmember Semeta reported attending a Personnel Commission meeting where Dave Ellis and Bill Blair were welcomed as two new well -qualified commissioners, and she thanked them for serving the City. Mayor Posey reported meeting with members of the HBFA and HBPOA, and attending an Orange County Vector Control Board meeting where they reminded everyone that even water collected in a bottle cap is enough for mosquito larvae to form. He also reported no cases of West Nile Virus in Huntington Beach to date. Council/PFA Regular Minutes October 1, 2018 Page 6 of 10 CITY MANAGER'S REPORT City Manager Wilson provided a brief recap of completed and upcoming Capital Improvement Projects such as concrete replacement, curb ramps, tree replacement, traffic signal enhancements, and the Shipley Nature Center parking lot. CONSENT CALENDAR Councilmember O'Connell asked to be recorded as a "No" vote on Item 17—18-368 regarding Ordinance No. 4160 amending the Huntington Beach Municipal Code. 12. 18-367 Approved and Adopted Minutes A motion was made by Peterson, second Delgleize to approve and adopt the City Council/Public Financing Authority regular meeting minutes dated September 17, 2018, as written and on file in the Office of the City Clerk, as amended by Supplemental Communication. The motion carried by the following vote: AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None 13.18-308 Approved and authorized execution of a 10-year Lease Agreement with Michael Ali, doing business as Zack's Pier Plaza Beach Concession A motion was made by Peterson, second Delgleize to approve the "Lease Agreement Between the City of Huntington Beach and Michael Ali, DBA Pier Plaza Beach Concession;" and, authorize the Mayor, City Manager, and City Clerk to execute the agreement and other related documents. The motion carried by the following vote: AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None 14. 18-353 Approved and authorized execution of Professional Services Contracts for On Call Transportation Engineering Services with Albert Grover & Associates, ADVANTEC Consulting Engineers, Inc., and FPL and Associates, Inc., each in an amount not to exceed $300,000 A motion was made by Peterson, second Delgleize to approve and authorize the Mayor and City Clerk to execute a $300,000 "Professional Services Contract Between the City of Huntington Beach and Albert Grover & Associates, Inc. for On Call Transportation and Engineering Services;" and, approve and authorize the Mayor and City Clerk to execute a $300,000 "Professional Services Contract Between the City of Huntington Beach and ADVANTEC Consulting Engineers, Inc. for On Call Transportation and Engineering Services;" and, approve and authorize the Mayor and City Clerk to execute a $300,000 "Professional Services Contract Between the City of Huntington Beach and FPL and Associates, Inc. for On Call Transportation and Engineering Services." The motion carried by the following vote: Council/PFA Regular Minutes October 1, 2018 Page 7of10 AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None 15.18-363 Approved and authorized the Mayor and City Clerk to execute Professional Services Contracts for As Needed Building Plan Review Services with CSG Consultants, Inc., in the amount of $560,000; and, West Coast Code Consultants, Inc., in the amount of $200,000; and, approved an increase in the Community Development Department's Professional Services listing Authority by $500,000 A motion was made by Peterson, second Delgleize to approve the increase in the Community Development Department's professional services listing authority by $500,000 for plan check services to ensure compliance with Administrative Regulation Number 228, Section 7.1; and, approve and authorize the Mayor and City Clerk to execute a three (3) Year "Professional Services Contract between the City of Huntington Beach and CSG Consultants, Inc. for Building Plan Review Services" in the amount of Five Hundred and Fifty Thousand Dollars ($550,000), as prepared and approved by the City Attorney; and, approve and authorize the Mayor and City Clerk to execute a three (3) Year "Professional Services Contract between the City of Huntington Beach and West Coast Code Consultants, Inc. for Building Plan Review Services" in the amount of Two Hundred Thousand Dollars ($200,000), as prepared and approved by the City Attorney. The motion carried by the following vote: AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None 16.18-336 Approved and authorized implementation of three (3) Tenant Based Rental Assistance (TBRA) Program Agreements between the City and Interval House, Mercy House, and Families Forward; and, approved increased budget appropriation A motion was made by Peterson, second Delgleize to approve and authorize the City Manager and City Clerk to execute a two-year "HOME Recipient Agreement Between the City of Huntington Beach and Interval House" for the implementation of a Tenant -Based Rental Assistance (TBRA) program; and, approve and authorize the City Manager and City Clerk to execute a two-year "HOME Recipient Agreement Between the City of Huntington Beach and Mercy House" for the implementation of a Tenant - Based Rental Assistance (TBRA) program; and, approve and authorize the City Manager and City Clerk to execute a two-year "HOME Recipient Agreement Between the City of Huntington Beach and Families Forward" for the implementation of a Tenant -Based Rental Assistance (TBRA) program; and, authorize the City Manager to sign all necessary documents to effectuate the Agreement with Interval House, Mercy House and Families Forward, any future minor amendments to contracts, and/or US Department of Housing and Urban Development (HUD) documents, as approved as to form by the City Attorney; and, approve an increased budget appropriation for the Affordable Housing In -Lieu Fee Fund in the amount of $257,350 (Fund 217). The motion carried by the following vote: AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None Council/PFA Regular Minutes October 1, 2018 Page 8 of 10 17.18-368 Adopted Ordinance No. 4160 amending the Huntington Beach Municipal Code by amending Section 2.76.010 thereof related to exclusions from Competitive Service by adding the Classification of Deputy Director of Community Development (Approved for introduction September 17, 2018 - Vote: 7-0) A motion was made by Peterson, second Delgleize to adopt Ordinance No. 4160, "An Ordinance of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Amending Section 2.76.010 Thereof Related to Exclusions From the Competitive Service" by adding the Deputy Director of Community Development. The motion carried by the following vote: AYES: Posey, Peterson, Brenden, Delgleize, Hardy, and Semeta NOES: O'Connell PUBLIC HEARING 18. 18-332 Public Hearing held to consider approval of Substantial Amendment No. 1 to Fiscal Year 2018-19 Annual Action Plan for the Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) Programs; and, authorized appropriation of funds (Continued from 9-17-18) City Manager Fred Wilson introduced Deputy Director of Economic Development Kellee Fritzal who presented a PowerPoint communication entitled: Amendment to HUD 2018-2019 Annual Action Plan for CDBG/HOME Programs with slides entitled: Amendment to Action Plan (5) and Questions? Mayor Posey opened the Public Hearing. There being no public speakers, Mayor Posey closed the Public Hearing. A motion was made by O'Connell, second Delgleize to approve Substantial Amendment No. 1 to the City of Huntington Beach Fiscal Year 2018-19 Annual Action Plan for the Community Development Block Grant (CDBG) and HOME Investment Partnership Programs; and, authorize the City Manager to sign all necessary documents after review by the City Attorney; and, approve appropriation of $94,718 of HOME program income to Fund 1220. The motion carried by the following vote: AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None 19.18-337 Approved for Introduction Ordinance No. 4156 amending Chapter 10.44 of the Huntington Beach Municipal Code (HBMC) relating to oversized vehicles City Manager Fred Wilson introduced Police Chief Handy who presented a PowerPoint communication, with the assistance of Traffic Control Supervisor Karissa Yniguez and Traffic Division Lieutenant Kent Ferrin, entitled Oversized Vehicles with slides titled: Pedestrian and Safety, RV Permit Required, Council/PFA Regular Minutes October 1, 2018 Page 9 of 10 Oversized Vehicle, Permit Required, A Resident Only permit based system, RV Permit App On Line, Penalty increase for recurring violators, Reasonable proximity to a Park, Arterial Highway Exception, and Additional Changes. Councilmembers and Police Chief Handy discussed and confirmed several aspects of the proposed ordinance, including repeal of the 2- and 4-hour park area restrictions, permit availability for residents only, option for residents to request permits for guests with an oversized vehicle, commercial vs recreational vehicles, and monitoring for possible ripple effects from the proposed changes. They also discussed ensuring that resident ownership of an oversized vehicle is not required to secure a permit, the limited number of public and private parking lots available for visitors with oversized vehicles, how other coastal cities have or are implementing similar restrictions, and actions to inform the public of changes. A motion was made by Brenden, second Delgleize to, after the City Clerk reads by title, approve for introduction Ordinance No. 4155, "An Ordinance of the City of Huntington Beach Amending Chapter 10.44 of the Huntington Beach Municipal Code Relating to Parking - Time Limits," as amended by supplemental communication to revise language in Sections 10.44.060 A and 10.44.065 D. The motion carried by the following vote: AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None COUNCILMEMBER COMMENTS (Not Agendized) Councilmember Hardy reported attending the Police Department Open House, and thanked City Clerk Robin Estanislau for her efforts to assist students with coordinating the National Voter Registration Day event held at local high schools on September 25. Councilmember Delgleize thanked those who attended the Homeless 101 presentation by Orange County United Way at the Senior Center, and reported attending a Smart Cities panel discussion provided by the Association of California Cities - Orange County (ACC-OC). Councilmember Brenden reported that Murdy Park residents have taken back their park with the assistance of the Police Department, Public Works and Community Services. He also reported attending Huntington Beach Night at Angel Stadium, and the Kiwanis Officer Installation dinner. He announced important up -coming community events --- Annual Gala for the Huntington Beach High School Foundation, Boys and Girls Club 40th Annual Gala, Golden West College Chefs for Scholarships event, Rotary Club Surfboards on Parade, Surfboard Builders Hall of Fame, Fire Department Open House, Ms. Huntington Beach Scholarship Pageant, and Surf City Arts Fest. Councilmember Brenden closed his remarks by stating he was wearing a pink tie to remind everyone that October is Breast Cancer Awareness Month. Councilmember Semeta reported attending a meeting of the Inter -governmental Relations Committee (IRC), a South East Area Community meeting with Councilmember Hardy, and announced the re- dedication of the Waterline Public Art installation at Pacific Coast Highway (PCH) and 5th Street on October 5 and 6, as well as the Aloha Pier Festival on the same dates. Council/PFA Regular Minutes October 1, 2018 Page 10 of 10 Mayor Pro Tern Peterson reported being in Washington, DC, with expenses paid by Congress, to testify on House Bill HR5274 related to Sober Living/Recovery Treatment Homes to hopefully alleviate some of the Federal restrictions currently imposed on municipalities. Mayor Posey reported celebrating California Surfing Day and hosting a Townhall meeting on Sober Living Homes with Congressman Dana Rohrabacher, Orange County District Attorney Tony Rackauckas, Assemblymember Matthew Harper and Huntington Beach City Attorney Michael Gates. He attended the 50th Anniversary Celebration of Huntington Harbour Place and the Building Industry Association - Orange County (BIA-OC) Meet the Mayors event, presented the Welcome address for Mothers Against Drunk Driving Annual Teen Influencer Summit, and attended the Disaster Preparedness Expo hosted by the Huntington Beach Fire Department (HBFD) and Community Emergency Response Team (CERT) at Central Library. He participated in the 41 st Old World Oktoberfest Parade along with Congressman Rohrabacher and Senator Janet Nguyen, presented a Mayoral Fast Pitch at a meeting of the Asian Businesses of Orange County, and announced that the Huntington Beach Women's Club is being restarted where he will make the Welcome address on Sunday, October 7th at 11 a.m. ADJOURNMENT — 7:45 PM The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Monday, October 15, 2018, 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.huntingtonbeachea.gov ATTEST: City Clerk -Secretary loaim j (. &Mjdu) - City Clerk nd 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 1 I l