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HomeMy WebLinkAbout2018-11-19Minutes City Council/Public Financing Authority City of Huntington Beach Monday, November 19, 2018 4:00 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.ora/aovernmentlaaendas/ Based on the lack of a Study Session and time needed to cover the Closed Session items, the meeting was called to order at 5:00 PM 5:00 PM - COUNCIL CHAMBERS CALLED TO ORDER — 5:00 PM ROLL CALL Present: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden Absent: None 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 ON ITEM NO. 1 — 5:02 PM CLOSED SESSION 1. 18-529 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: Jacob Heard v. City of Huntington Beach, et al.; Orange County Superior Court Case No.: 30-2018-00973951. 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 Council/PFA Regular Minutes November 19, 2018 Page 2 of 15 PLEDGE OF ALLEGIANCE — Led by Councilmember O'Connell 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. 2. 18-422 Provided by Charles Niederman of Temple Beth David and member of the Greater Huntington Beach Interfaith Council CLOSED SESSION REPORT BY CITY ATTORNEY — None AWARDS AND PRESENTATIONS 3. 18-540 Mayor Posey called on Victoria Alberty to present the Adoptable Pet of the Month Victoria Alberty introduced Sophie, a 6-year old spayed Pit Bull, currently being fostered at Dogtopia. Further details about Sophie, or other rescue dogs, can be found at dogtopiasouthcoast.com or waggintrails.org. 4. 18-522 Mayor Posey presented commendations to newly crowned Miss Huntington Beach Queen Lily Orlando and her court Councilmember Semeta introduced Miss Huntington Beach Queen Lily Orlando, Princesses Saige McCluskey and Mara James. The Queen and her Court were acknowledged for their talent, poise, public speaking skills, and career and education goals. Miss Huntington Beach scholarship competition is sponsored by Sand Dollars of Huntington Beach. The winners will represent Huntington Beach at citywide special events, business promotions and non-profit endeavors. 5. 18-466 Mayor Posey presented commendations to members of the Huntington Beach Equestrian Center to acknowledge their positive dedication to the community Mayor Posey commended the Huntington Beach Equestrian Center for the good they do in Huntington Beach. Mary Barrons, Equestrian Center Owner -Operator, Donna Brandt, President, Therapeutic Riding Center, and Carole Harris, Founder, Free Rein Foundation were acknowledged for their leadership and effective use of volunteers to enrich the community. 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: Administrative Public Hearing: Item #29 (18-517) A PowerPoint communication entitled Huntington Beach Tourism Business Improvement District (HBTBID) submitted by Deputy Director of Business Development Kellee Fritzal. Council/PFA Regular Minutes November 19, 2018 Page 3 of 15 PUBLIC COMMENTS (3 Minute Time Limit) —15 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. Justine Makoff, Chief Financial Officer, Free Rein Foundation, was called to speak and invited everyone to attend their 2nd Annual Holiday Boutique, all day Saturday, December 1, with 25 vendors and Santa, in the Red Horse Barn at the Equestrian Center. Also, Day of the Horse will be celebrated on Saturday, December 15, with vendors, food, free pony rides for the children, and trainer demonstrations. (00:16:26) Wendy Tochihara, resident of Huntington Beach, was called to speak and shared experiences regarding public safety and the danger of coyotes, especially for children and pets, and encouraged the City to be much more aggressive in controlling coyotes. (00:20:11) Rick Travis, resident of Huntington Beach for 41 years, was called to speak and shared personal experiences regarding public safety and the danger of coyotes, especially for children and pets, which he described as a county -wide issue that needs to be addressed. (00:22:31) Traci Larson was called to speak and shared experiences regarding public safety and the danger of coyotes, especially for children and pets, and encouraged the City to be much more aggressive in controlling urban coyotes who are no longer afraid of humans. (00:24:19) Kevin Small, resident of Yorba Linda, was called to speak and shared experiences regarding public safety and the danger of coyotes, especially for children and pets, which he described as a county -wide issue that needs a much better management plan. (00:27:04) Kathy Carrick was called to speak and shared her opinion that sober living homes need to be properly managed, and City resources utilized in order to do so. She also expressed disappointment by the Council's recent decision to delay action on City Attorney Gates' proposal to address illegal residential businesses. (00:28:15) Barbara Robinson, a resident of Huntington Beach for 41 years, was called to speak and expressed her appreciation for wonderful library resources and stated her support for Consent Calendar Item #9 (18- 298) regarding fabrication and implementation of the Central Library Wayfinding and Navigational System to assist patrons in finding Library resources. (00:30:48) Ben Miles, Chair, Huntington Beach Library Board of Trustees, was called to speak and stated his support for Consent Calendar Item #9 (18-298) regarding fabrication and implementation of the Central Library Wayfinding and Navigational System to assist patrons in finding Library resources. (00:32:22) The Camera Man, resident of Anaheim, was called to speak and shared his observations of how Anaheim has, in his opinion, unsuccessfully addressed the public safety issue and danger of coyotes, and recommended that concerned residents carry an air horn to scare off coyotes. (00:33:48) Ned Lazuro, resident of Huntington Beach and Member, Literacy Program Board of Governors, was called to speak and stated his support for Consent Calendar Item #9 (18-298) regarding fabrication and implementation of the Central Library Wayfinding and Navigational System to assist patrons in finding Library resources. (00:37:03) Council/PFA Regular Minutes November 19, 2018 Page 4 of 15 Kathryn Levassiur, resident of Huntington Beach and Founding Member, Huntington Beach Short Term Rental Alliance, was called to speak and encouraged the City to regulate, rather than use Code Enforcement in a reactive manner, to enhance quality of life for residents and visitors. (00:39:56) Linda Thompson, resident of Huntington Beach, was called to speak and shared experiences regarding public safety and the danger of coyotes, and asked that someone do something. Mayor Posey asked Ms. Thompson to complete a blue card for staff follow-up. (00:42:58) Larry Utsler, a resident of Huntington Beach for 46 years, and Friends of the Library Corresponding Secretary, was called to speak and stated his support for Consent Calendar Item #9 (18-298) regarding fabrication and implementation of the Central Library Wayfinding and Navigational System to assist patrons in finding Library resources. (00:46:08) Ray Holt, resident of Huntington Beach, was called to speak and shared experiences regarding public safety and the danger of coyotes, and encouraged the City to be much more aggressive in managing these wildlife predators. (00:49:02) Ryan Reza Farsai, resident of Sheridan, OR, was called to speak and stated his support for Consent Calendar Item #20 (18-539) regarding the Police Department's Budget Savings, and shared his continued concern for having received a ballot from both Oregon and California for the recent election. (00:52:34) COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS, AB 1234 REPORTING, AND OPENNESS IN NEGOTIATIONS DISCLOSURES Mayor Posey reported attending an Orange County Vector Control meeting. CITY MANAGER'S REPORT 6. 18-481 Presentation by County Agriculture Commissioner on a citrus disease and citrus quarantine affecting the County City Manager Fred Wilson introduced Paul Riley, Citrus Pest and Disease Management Program, California Department of Food and Agriculture, and Jeff Croy, Orange County Agriculture Commissioner who presented a PowerPoint communication entitled: Save Your Community's Citrus with slides entitled: The Pest, The Disease, HLB Positive Symptoms, HLB Quarantines, Visual Survey and Sample Collection, What Can You Do?, Residents who think their tree has HLB and Resources. Master Gardener Sandra Zwaal, University of California Irvine, Master Gardener Extension Program, shared resources and strategies for making people aware of the disease and how to properly respond. Councilmember Delgleize and Mr. Riley discussed resources that are available to educate and inform Huntington Beach residents. Councilmember Semeta confirmed with Mr. Croy that any plant nursery suppliers within a quarantined area are not allowed to sell citrus plants. Council/PFA Regular Minutes November 19, 2018 Page 5 of 15 CONSENT CALENDAR Councilmember Delgleize pulled Consent Calendar Items #8 (18-515), #9 (18-298), #26 (18-536), #27 (18-519), and #28 (18-520) for further discussion. 7. 18-518 Approved and Adopted Minutes A motion was made by Hardy, second O'Connell to approve and adopt the City Council/Public Financing Authority regular meeting minutes dated November 5, 2018, as written and on file in the Office of the City Clerk. The motion carried by the following vote: AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None 8. 18-515 Approved and accepted a donation from the Friends of the Huntington Beach Public Library (FOTL); and appropriate $138,000 in the Donations Fund 103 Councilmember Delgleize pulled this item to acknowledge the Friends of the Library and the long over- due project this item addresses. Councilmember Semeta also thanked the Friends of the Library for their support City Manager Fred Wilson introduced Library Director Stephanie Beverage who presented a PowerPoint communication entitled: Central Library Wayfinding and Directional Signage Project, that included the following titled slides: HB Public Library Wayfinding Project Timeline, HB Library Wayfinding, Libraries with Wayfinding and Signage Standards, Why Wayfinding? Why Now?, Photographs of Libraries, More Visual Clutter and Confusion, HB Wayfinding Project, and Questions. Councilmember Semeta and Director Beverage compared the costs of other California public libraries that have made wayfinding upgrades. Councilmember Hardy stated her support for this item and expressed appreciation to the Friends of the Library for their generous financial support for the wayfinding project. Councilmember O'Connell stated his support for the wayfinding project and thanked the Friends of the Library for their financial support. Councilmember Brenden commended Director Beverage for her leadership in bringing the wayfinding project to this point, and expressed his appreciation for the Friends of the Library for almost $3M in contributions since 2002. A motion was made by Brenden, second Delgleize to approve and appropriate $138,000 in the Donations Fund 103 from the Friends of the Huntington Beach Public Library (FOTL). The motion carried by the following vote: AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden Council/PFA Regular Minutes November 19, 2018 Page 6 of 15 NOES: None 9. 18-298 Approved and awarded a Service Contract for the fabrication and implementation of the Central Library Wayfinding and Navigational System to AHR Inc., dba Ampersand Contract Sign Group in the amount of $180,503.30; and, approved and accepted a donation from the Friends of the Huntington Beach Library (FOTL) to help fund the contract cost A motion was made by Brenden, second Delgleize to approve and authorize the Mayor and City Clerk to execute "Services Agreement Between the City of Huntington Beach and AHR Signs Inc., dba Ampersand Contract Signing Group, for the Fabrication and Installation of Central Library Wayfinding System," located in Los Angeles, CA, in the amount of $180,503.30; and, approve and accept a donation from the Friends of the HB Library, in the amount of $100,000.00 and allocate the funds to Library donations account 10350101.64280, to cover the balance of the contract amount and any contingencies, with the balance of the donation to be used for the purchase of other library materials in support of the library collection and library programs. The motion carried by the following vote: AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None 10. 18-339 Approved and authorized execution of a Landscape Maintenance License Agreement with GS Huntington Beach Project Owner, LP, for installation and maintenance of improvements in the public right-of-way at the Monogram Apartments (Luce Apartments) located at Gothard Street and Edinger Avenue A motion was made by Hardy, second O'Connell to approve and authorize the Mayor and City Clerk to execute and record the "Landscape Maintenance License Agreement Between the City of Huntington Beach and GS Huntington Beach Project Owner, LP, to Provide Installation and Maintenance of Landscaping and Hardscaping in the Public Right -of -Way" (Attachment 1). The motion carried by the following vote: AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None 11. 18-447 Approved and authorized execution of Professional Services Contracts for On Call Material Testing and Engineering Services with AESCO, Inc., Twining, Inc., and Leighton Consulting, Inc., each in an amount not to exceed $250,000 A motion was made by Hardy, second O'Connell to approve and authorize the Mayor and City Clerk to execute a $250,000 "Professional Services Contract between the City of Huntington Beach and AESCO, Inc. for On Call Material Testing and Engineering Services;" and, approve and authorize the Mayor and City Clerk to execute a $250,000 "Professional Services Contract between the City of Huntington Beach and Twining, Inc. for On Call Material Testing and Engineering Services;" and, approve and authorize the Mayor and City Clerk to execute a $250,000 "Professional Services Contract between the City of Huntington Beach and Leighton Consulting, Inc. for On Call Material Testing and Engineering Services." Council/PFA Regular Minutes November 19, 2018 Page 7 of 15 The motion carried by the following vote AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None 12. 18-514 Approved and authorized execution of a three year Service Agreement with the City of Costa Mesa for Public Safety Helicopter Services A motion was made by Hardy, second O'Connell to approve and authorize the Mayor and City Clerk to execute the attached "Services Agreement for Public Safety Helicopter Support Between the City of Huntington Beach and the City of Costa Mesa." The motion carried by the following vote: AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None 13. 18-516 Approved and authorized execution of a Mills Act Agreement between the City of Huntington Beach and Thomas M. Powell and Carrie D. Powell for the purpose of providing property tax relief for owners of qualified properties who wish to use the savings to preserve their historic property A motion was made by Hardy, second O'Connell to approve and authorize the Mayor and City Clerk to execute the "Historic Preservation Agreement Containing Covenants, Conditions, and Restrictions Affecting Real Property By and Between the City of Huntington Beach and Thomas and Carrie Powell for the Real Property Located at 702 11th Street Within the City of Huntington Beach ('Mills Act Contract')." The motion carried by the following vote: AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None 14. 18-480 Awarded and authorized execution of a construction contract with All American Asphalt in the amount of $2,175,778 for the Edinger Avenue Rehabilitation, Atlanta Avenue Rehabilitation, Warner Avenue West Bound Lane Rehabilitation, and Brookhurst Street Concrete Barrier Maintenance A motion was made by Hardy, second O'Connell to accept the lowest responsive and responsible base bid submitted by All American Asphalt Company in the amount of $2,175,778.00; 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, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None 15. 18-498 Awarded and authorized execution of a construction contract with Thomco Construction Inc. in the amount of $357,448 for the Youth Shelter Voluntary ADA Council/PFA Regular Minutes November 19, 2018 Page 8 of 15 Upgrades and Roof Replacement, MSC-520; and declare St. George Groupe Inc. as non -responsive A motion was made by Hardy, second O'Connell to declare the apparent low bid from St. George Groupe Inc. as non -responsive; and, accept the lowest responsive and responsible bid submitted by Thomco Construction Inc. in the amount of $357,448; 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, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None 16. 18-510 Approved Sole Source Justification for the purchase of POM Incorporated parking meter housings A motion was made by Hardy, second O'Connell to approve the Sole Source procurement of parking meter housings with POM Incorporated. The motion carried by the following vote: AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None 17. 18-446 Approved Final Tract Map No. 17661 and Subdivision Agreement between the City and Bonanni Development for a 10-unit townhome subdivision at 7262 Garfield Avenue A motion was made by Hardy, second O'Connell to approve Final Tract Map No. 17661 and accept the offer of easements pursuant to findings and requirements (Attachment No. 1); and, approve the Subdivision Agreement (Attachment No. 6) and accept bonds (Attachment No. 7) between the City and Bonanni Development & JB Construction, a California Partnership and authorize execution by the Mayor and City Clerk. The motion carried by the following vote: AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None 18. 18-452 Approved Local Coastal Program Amendment No. 18-001 by adopting City Council Resolution No. 2018-60; and, requesting its certification by the California Coastal Commission A motion was made by Hardy, second O'Connell to approve Local Coastal Program Amendment No. 18- 001 by adopting City Council Resolution No. 2018-60, "A Resolution of the City Council of the City of Huntington Beach, State of California, Adopting Local Coastal Program Amendment No. 18-001 and Requesting its Certification by the California Coastal Commission (Attachment No. 1)." The motion carried by the following vote: Council/PFA Regular Minutes November 19, 2018 Page 9 of 15 AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None 19. 18-488 Approved the City's Park Playground Equipment Replacement Priority List A motion was made by Hardy, second O'Connell to approve the City's park playground equipment replacement priority list, with an emphasis on playgrounds surfaced with a combination of rubberized material and sand whenever possible, and apply for applicable grants and other funding sources. The motion carried by the following vote: AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None 20. 18-539 Approved the transfer of Fiscal Year end 2017/18 Police Department's Budget Savings from the General Fund (Fund 100) to the Equipment Fund (Fund 323) for the Police Department's Computer Aided Dispatch (CAD) and Records Management System (RMS) Project A motion was made by Hardy, second O'Connell to approve the transfer of $1.2 million in FY 2017/18 year-end savings in the Police Department from the General Fund (Fund 100) to the Technology Fund (Fund 323) for the replacement of the Police Department's Computer Aided Dispatch and Records Management Systems. The motion carried by the following vote: AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None 21.18-497 Approved the October 2018 City of Huntington Beach Strategic Plan Update A motion was made by Hardy, second O'Connell to approve the October 2018 Strategic Objectives Update as contained within Attachment 1. The motion carried by the following vote: AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brendan NOES: None 22. 18-490 Adopted Resolution No. 2018-62 authorizing the Director of Public Works to execute Program Supplements to the California Department of Transportation Master Agreement for Transportation Projects A motion was made by Hardy, second O'Connell to adopt Resolution No. 2018-62, "A Resolution of the City Council of the City of Huntington Beach Authorizing the Director of Public Works to Execute Program Supplements to the California Department of Transportation Master Agreement for Transportation Projects." The motion carried by the following vote Council/PFA Regular Minutes November 19, 2018 Page 10 of 15 AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None 23. 18-511 Adopted Resolution No. 2018-68 adopting the Measure M2 Expenditure Report to comply with Renewed Measure M2 funding eligibility for the City of Huntington Beach A motion was made by Hardy, second O'Connell to adopt Resolution No. 2018-68, "A Resolution of the City Council of the City of Huntington Beach Adopting the Measure M2 Expenditure Report for the City of Huntington Beach." The motion carried by the following vote: AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None 24. 18-528 Adopted Resolution No. 2018-70 establishing monetary fines and penalties for violation of the oversized parking regulations of section 10.44.060 of the City of Huntington Beach Municipal Code adopted by Ordinance No. 4155 A motion was made by Hardy, second O'Connell to adopt Resolution No. 2018-70, "A Resolution of the City Council of the City of Huntington Adopting an Amended Uniform Bail Schedule for Parking Violations" approving and establishing a monetary penalty in the amount of $82 for the first violation, $164 for the second violation in one year, and $246 for the third and each subsequent violations within one year of the first violation of the oversized vehicle parking restrictions of section 10.44.060 of the City of Huntington Beach Municipal Code adopted by Ordinance No. 4155 on October 15, 2018. The motion carried by the following vote: AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None 25. 18-535 Adopted Resolution No. 2018-81 authorizing cancellation of the City Council/Public Financing Authority regular meeting of January 7, 2019; and, direct the City Clerk to provide notice of such cancellation A motion was made by Hardy, second O'Connell to adopt Resolution No. 2018-81. "A Resolution of the City Council of the City of Huntington Beach Declaring the Cancellation of the City Council and Public Financing Authority Meeting of January 7, 2019; and Directing the City Clerk to Provide Notice of Such Cancellation." The motion carried by the following vote: AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None 26. 18-536 Adopted Resolution No. 2018-82 modifying salary and benefits for Non -Represented Employees by adding the Classification of Assistant Chief of Police and establishing the compensation Council/PFA Regular Minutes November 19, 2018 Page 11 of 15 Councilmember Delgleize pulled Items 26 & 27 to express her support for the Management Partner's recommendation to develop a ladder of succession plan for operational efficiencies in the Police Department; however, Councilmember Delgleize added that she supports implementing this plan during the fiscal budget process rather than now. Councilmember Delgleize stated her opinion that if in fact there are surplus funds, those funds should be invested in the 115 Trust and applied towards the CalPERS obligation. She concluded comments by indicating support for a motion to postpone action (no second was recorded). Councilmember Semeta stated her support for approving Items 26 & 27 now, rather than delaying it, because the Police Department management supports moving ahead now. Management Partners was commissioned by the City Council, and up to this point the City Council has unanimously supported Management Partners' recommendations. Mayor Pro Tern Peterson stated that in Closed Session the City Council had already voted 7-0 to direct Police Chief Handy to move ahead on this recommendation by Management Partners. In light of the fact that Chief Handy and the Police Management Association have been in discussions for several months in good faith to reach this point, Mayor Pro Tern Peterson stated his support for approving Items 26 & 27 now. Councilmember O'Connell asked Chief Handy to respond to the comments, and Chief Handy provided a review of the timeline to get to this point, and explained the legal requirement to meet, confer and negotiate for the position. Chief Handy stated that he believes the timing for this position is critical for the on -going team building process and training that has already been paid for. Councilmember O'Connell stated his support for Items 26 and 27. Councilmember Delgleize and Chief Handy continued discussion on the timeline and details associated with the request. Councilmember Brenden stated his opinion that the Council has approved the position but not a timeline. Councilmember Brenden and Chief Handy discussed the promotion list process, details on the budget process, and how the job classification and salary range for the Assistant Chief of Police position was determined. Mayor Pro Tern Peterson expressed his dismay at the discussion and his opinion that these issues have all been addressed previously, and moving ahead now is important for continued public safety. With that, Mayor Pro Tern Peterson moved to approve Consent Item Nos. 26 and 27, and received a second from Councilmember Semeta. Councilmember O'Connell and Chief Handy discussed the implications if Items 26 & 27 are not approved now, which came to the table with the support of Chief Handy, Management Partners, the Police Management Association and the City Manager. A substitute motion was made by Posey, second Brenden to continue action on Consent Item Nos. 26 and 27 to during the Fiscal Budget Process. The motion failed by the following vote: AYES: Posey, Delgleize, and Brenden Council/PFA Regular Minutes November 19, 2018 Page 12 of 15 NOES: O'Connell, Semeta, Peterson, and Hardy Councilmember Brenden requested separate votes be taken on Consent Item Nos. 26 and 27 The original motion made by Peterson, second Semeta to adopt Resolution No. 2018-82, "A Resolution of the City Council of the City of Huntington Beach Modifying Salary and Benefits for Non -Represented Employees By Adding the Assistant Chief of Police and Establishing the Compensation," carried by the following vote: AYES: O'Connell, Semeta, Peterson, and Hardy NOES: Posey, Delgleize, and Brenden 27. 18-519 Adopted Ordinance No. 4167 amending Section 2.76.010 of the Huntington Beach Municipal Code (HBMC) related to exclusions from competitive service by adding the classification of Assistant Chief of Police Approved for introduction 11/5/2018 —Vote: 6-0-1 (Posey -No) A motion was made by Peterson, second Semeta to adopt Ordinance No. 4167, "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 Classification of Assistant Chief of Police. The motion carried by the following vote: AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None 28. 18-520 Adopted Ordinance No. 4168 amending the Huntington Beach Municipal Code (HBMC) by adding Chapter 2.104 entitled 'Jet Noise Commission' (JNC) Approved for introduction 11/5/2018 — Vote: 6-0-1 (Semeta-Out of Room) Councilmember Delgleize pulled this item to acknowledge the people who served on the Jet Noise Task Force for the past year, and expects that this permanent Commission will have an important impact on the issues going forward. A motion was made by Delgleize, second Brenden to adopt Ordinance No. 4168, "An Ordinance of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Adding Chapter 2.104 Entitled 'Jet Noise Commission'." The motion carried by the following vote: AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None ADMINISTRATIVE PUBLIC HEARING 29. 18-517 Adopted Resolution No. 2018-79 declaring the City Council's intention to modify the Huntington Beach Tourism Business Improvement District (HBTBID); conduct a Public Meeting and setting a Public Hearing date of January 21, 2019 Council/PFA Regular Minutes November 19, 2018 Page 13 of 15 City Manager Wilson introduced Business Development Deputy Director Kellee Fritzal who presented a PowerPoint communication entitled: Huntington Beach Tourism Business Improvement District (HBTBID) with slides titled: History, Modification Process and Questions. Mayor Posey and Director Fritzal discussed that the comparative marketing analysis is still in process. PUBLIC HEARING Mayor Posey opened the Public Hearing. City Clerk Robin Estanislau announced there were no public speakers. With no one signed up to speak on the item, Mayor Posey closed the Public Hearing. A motion was made by Hardy, second Delgleize to adopt Resolution No. 2018-79, "A Resolution of the City Council of the City of Huntington Beach Declaring Its Intention To Modify the Management District Plan of the Huntington Beach Tourism Business Improvement District;" and, open the public meeting to allow members of the public to provide comments on the renewed HBTBID. The motion carried by the following vote: AYES: Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None OUT OF ROOM: O'Connell ORDINANCES FOR INTRODUCTION 30. 18-538 Approved for introduction Ordinance No. 4170 amending the Huntington Beach Municipal Code (HBMC) by adding Chapter 2.65 creating the Harbor Commission City Manager Wilson introduced this item by providing a brief background of the process to establish the Harbor Commission, and highlighted key points. Councilmember Semeta asked that the Ordinance be amended by eliminating paragraph 2.65.060 because the Harbor Commission is an advisory body and does not have discretionary approval for development projects. Councilmember Delgleize thanked Councilmember Semeta and Mayor Pro Tern Peterson for bringing this item forward. Mayor Pro Tem Peterson thanked staff for the time devoted to this important issue, and stated his support for the change requested by Councilmember Semeta. A motion was made by Semeta, second Peterson to, after the City Clerk reads by title, approve for introduction Ordinance No. 4170, "An Ordinance of the City of Huntington Beach Amending the Huntington Beach Municipal Code By Adding New Chapter 2.65 Harbor Commission" as amended by striking language in Section 2.65.060. Council/PFA Regular Minutes November 19, 2018 Page 14 of 15 The motion carried by the following vote: AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None COUNCILMEMBER COMMENTS (Not Agendized) Mayor Pro Tem Peterson thanked American Legion Post 133 and the Huntington Beach High School Band for another great Veterans Day Ceremony. Councilmember Semeta reported participating in a business visit with other City officials to W & R Studios on Main Street, attending the sign dedication for Fallen Officer Sheriff Deputy Ezra Stanley, thanked all City employees who have served in the military to protect our freedom, and congratulated the Huntington Beach Equestrian Center for their dedication to the community. Councilmember O'Connell thanked everyone who had a part in the Veterans Day Ceremony, reported recognizing Sheriff Deputy Ezra Stanley at a sign dedication to acknowledge his death 78 years ago today serving Huntington Beach, and thanked Officer Dave Humphreys, Lieutenant David Derezynski, Jeff Huss, Officer Jack Paholski and Chief Handy for being instrumental in this project to recognize Fallen Officers. Councilmember Hardy thanked all veterans for serving, American Legion Post 133 and Huntington Beach High School Band for helping to celebrate our veterans, and thanked police officers for putting their lives on the line every day. Councilmember Hardy reported attending the unveiling of "The Courage to Remember the Holocaust" interactive exhibit at Edison High School and thanked teacher Josh Barrier at Edison for arranging to have Holocaust Survivor Sam Silberberg attend and share his story. Councilmember Brenden reported attending the Orange County Business Council Election Luncheon on Election Day, and the lighting of the Christmas tree Downtown. Councilmember Brendan thanked Councilmember O'Connell for spearheading the effort to recognize the City's Fallen Officers. He also thanked Councilmember O'Connell for his service on the Council for the last four years, and congratulated Councilmembers Delgleize, Peterson and Posey for being re-elected, and Kim Carr for her successful election to City Council. Councilmember Brenden also announced that a local organization, Unity Impact, through the direction of Stacey Massey, has started a gift card drive to benefit the victims of the California wildfires. Details are available at Unityl m pact. org. Councilmember Delgleize expressed her appreciation to American Legion Post 133 and the Huntington Beach High School Band for another wonderful Veterans Day Ceremony. Councilmember Delgleize acknowledged Orange County Public Works for meeting with residents to explain how they maintain and improve the flood channels, and acknowledged the Therapeutic Riding Center for their remarkable service to the community. Mayor Posey reported also attending the Orange County Business Council Election Luncheon, a City Selection Committee meeting, speaking at the Veterans Day Ceremony, providing introductory remarks at the "Courage to Remember the Holocaust" unveiling at Edison High School, attending the business visit with other City officials to W & R Studios on Main Street and thanked Business Development Deputy Director Fritzal for organizing this program. He also reported attending the Association of California Cities — Orange County (ACC-OC) Thanksgiving Reception where Councilmember Delgleize was voted back on the Board of Directors, a Building Industry Association (BIA) Board of Directors Installation, and Council/PFA Regular Minutes November 19, 2018 Page 15 of 15 meeting with Ms. Pauline Allen, Ms. Senior Orange County. Mayor Posey acknowledged the efforts of Assistant to the City Manager Antonia Graham for working with Senator Janet Nguyen on SB 1299 to grant and convey trust to Huntington Beach for local control of Huntington Harbor. The Harbor Commission is a result of that effort, and Ms. Graham's attention to detail has been valuable for the progress that has been made. ADJOURNMENT — At 8:17 PM in recognition of the victims of recent California wildfires, and all the first responders involved in providing assistance to mitigate the tragic situation, to the next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority on Monday, December 3, 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.huntingtonbeachca.gov ATTEST: '&¢angJittd 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 City Clerk -Secretary Mayor -Chair