Loading...
HomeMy WebLinkAbout2018-09-04 Agenda PacketMEETING ASSISTANCE NOTICE: In accordance with the Americans with Disabilities Act, services are available to members of our community who require special assistance to participate in public meetings. If you require special assistance, 48-hour prior notification will enable the City to make reasonable arrangements for an assisted listening device (ALD) for the hearing impaired, American Sign Language interpreters, a reader during the meeting and/or large print agendas. Please contact the City Clerk’s Office at (714) 536-5227 for more information, or request assistance from the staff or Sergeant-at-Arms at the meeting. PUBLIC COMMENTS: To address the legislative body on items of interest not scheduled for public hearing, Request to Speak forms will be made available at the meeting and are collected by the staff or Sergeant at Arms. Some legislative bodies may provide different Request to Speak forms for public hearing items. AUDIO/VIDEO ACCESS TO BROADCASTED MEETINGS: City Council and Planning Commission meetings are televised live on HBTV-3 Channel 3, and can be viewed via live or archived website at https://huntingtonbeach.legistar.com. AGENDA CITY COUNCIL/PUBLIC FINANCING AUTHORITY Tuesday, September 4, 2018 Council Chambers 2000 Main Street Huntington Beach, CA 92648 Study Session - 3:30 PM / 5:00 PM Closed Session Regular Meeting - 6:00 PM MAYOR AND CITY COUNCIL MIKE POSEY, Mayor ERIK PETERSON, Mayor Pro Tem PATRICK BRENDEN, Councilmember BARBARA DELGLEIZE, Councilmember JILL HARDY, Councilmember WILLIAM O’CONNELL, Councilmember LYN SEMETA, Councilmember STAFF FRED A. WILSON, City Manager MICHAEL E. GATES, City Attorney ROBIN ESTANISLAU, City Clerk ALISA CUTCHEN, City Treasurer 1 City Council/Public Financing Authority AGENDA September 4, 2018 Based on the amount of time needed to cover items in Study Session and Closed Session, the meeting will be called to order at 3:30 PM 3:30 PM - COUNCIL CHAMBERS CALL TO ORDER ROLL CALL O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, Brenden ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS PERTAINING TO STUDY SESSION / CLOSED SESSION ITEMS (3 Minute Time Limit) STUDY SESSION 18-2571.Presentation of potential modifications in the Huntington Beach Tourism Business Improvement District (TBID) - Visit Huntington Beach 18-1422.Air Traffic Noise Update RECESS TO CLOSED SESSION CLOSED SESSION ANNOUNCEMENT(S) 18-3173.Mayor Posey to Announce: Pursuant to Government Code § 54957.6, 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), Management Employees' Organization (MEO), Municipal Employees’ Association (MEA), and Huntington Beach Police Officers’ Association (POA). CLOSED SESSION 18-3114.Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed Session to confer with the City Attorney Page 1 of 6 2 City Council/Public Financing Authority AGENDA September 4, 2018 regarding the following lawsuit: Michael and Todd Bartlett v. City of Huntington Beach, et al., Orange County Superior Court Case No. 30-2015-00778560. 18-3125.Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed Session to confer with the City Attorney regarding the following lawsuit: City of Huntington Beach v. Frances R. Clayton as the Trustee of the Clayton Trust, Orange County Superior Court Case No. 30-2016-00842012. 18-3136.Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed Session to confer with the City Attorney regarding the following lawsuit: Anthony Duran v. City of Huntington Beach, United States District Court Case No. 8:18-cv-00659 JVS (DFMx). 18-3147.Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed Session to confer with the City Attorney regarding the following lawsuit: Tiffany Tabares v. City of Huntington Beach and Eric Esparza, United States District Court Case No. 8:18-cv-00821 JLS (JDEx). 18-3158.Pursuant to Government Code § 54957.6, the City Council shall recess 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), Management Employees’ Organization (MEO), Municipal Employees’ Association (MEA), and Huntington Beach Police Officers’ Association (POA). 18-3169.Pursuant to Government Code § 54957, the City Council shall recess to Closed Session to consider the following public employment matter: Candidate for position of Community Development Deputy Director. 18-32410.Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed Session to confer with the City Attorney regarding the following lawsuit: Huntington Beach Kennedy Commission, et al. v. City of Huntington Beach, Los Angeles County Superior Court Case No. 30-2015-00801675. Page 2 of 6 3 City Council/Public Financing Authority AGENDA September 4, 2018 18-32511.Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed Session to confer with the City Attorney regarding the following lawsuit: Huntington Beach Police Officers' Association (HBPOA) v. City of Huntington Beach, Orange County Superior Court Case No. 30-2016-00884624. 6:00 PM – COUNCIL CHAMBERS RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING ROLL CALL O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, Brenden PLEDGE OF ALLEGIANCE INVOCATION In permitting a nonsectarian invocation, the City does not intend to proselytize or advance any faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation. 18-30212.Deacon Tom Concitis of St. Mary's by the Sea Roman Catholic Parish and member of the Greater Huntington Beach Interfaith Council CLOSED SESSION REPORT BY CITY ATTORNEY AWARDS AND PRESENTATIONS 18-22613.Mayor Posey to call on Fire Chief David Segura to present a proclamation for National Preparedness Month. 18-30114.Mayor Posey to call on representatives from U.S. Water Polo Inc., to proclaim Sunday, September 16 as “USA Water Polo Day.” 18-30615.Mayor Posey to call Sister City student ambassadors who recently visited Anjo, Japan. ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS (3 Minute Time Limit) COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS, AB 1234 REPORTING, AND OPENNESS IN NEGOTIATIONS DISCLOSURES Page 3 of 6 4 City Council/Public Financing Authority AGENDA September 4, 2018 CITY MANAGER'S REPORT 18-30916.Police Department Update on Management Partners Recommendations CONSENT CALENDAR 18-24917.Approve and Adopt Minutes Approve and adopt the City Council/Public Financing Authority regular meeting minutes dated August 6, 2018 and the City Council/Public Financing Authority regular meeting minutes dated August 20, 2018, as written and on file in the Office of the City Clerk. Recommended Action: 18-28418.Approve the appointment of Ana Rudolf and Michael Bourgeault to the Environmental Board as recommended by City Council Liaisons, Mayor Mike Posey and Councilmember Barbara Delgleize Approve the appointment Ana Rudolf and Michael Bourgeault to the Environmental Board as recommended by Council Liaisons, Mayor Mike Posey and Council Member Barbara Delgleize. Ana Rudolf will fill the seat left vacant by Jessica Budica; and , Michael Bourgeault will fill the seat left vacant by Jeff Coffman, both terms will expire June 30, 2019. Recommended Action: 18-28219.Approve, accept and authorize execution of the Selective Traffic Enforcement Program (STEP) Safety Grant from the California Office of Traffic Safety (OTS); and, approve appropriations A) Approve and accept the OTS STEP Grant agreement #PT19050 between OTS and the City of Huntington Beach for $550,000; and , B) Increase appropriations by $550,000 plus accrued interest in the Police Department for the grant and authorize the Chief of Police to execute the grant agreement with OTS. Recommended Action: 18-05820.Approve and authorize execution of a three-year Services Agreement with the City of Irvine for Public Safety Helicopter Services Approve and authorize the Mayor and City Clerk to execute the “Services Agreement for Public Safety Helicopter Support between the City of Huntington Beach and the City of Irvine.” Recommended Action: 18-31021.Approve and authorize execution of Amendment No. 1 to Professional Services with Sagecrest Planning and Page 4 of 6 5 City Council/Public Financing Authority AGENDA September 4, 2018 Environmental, LLC for As-Needed Planning Services in the amount of $147,000 Approve and authorize the Mayor and City Clerk to execute: “Amendment No.1 to Professional Services Contract between the City of Huntington Beach and Sagecrest Planning and Environmental, LLC for Professional Planning Services .” Recommended Action: 18-28022.Approve a Memorandum of Understanding (MOU) between the City and Huntington Beach Hospital to enable the Huntington Beach Hospital to participate in the 340B Program Authorize the Mayor and City Clerk to execute the Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Hospital for the 340B Program. Recommended Action: 18-27523.Adopt Resolution No. 2018-49 amending Residential Permit Parking District “P” affecting residents along Royalist Drive and Willett Lane Adopt Resolution No. 2018-49, “A Resolution of the City Council of the City of Huntington Beach Amending Permit Parking District “P” Within the City of Huntington Beach .” Recommended Action: 18-27924.Adopt Resolution No. 2018-50 opposing the Local Rent Control Initiative of 2018 as recommended by the Intergovernmental Relations Committee (IRC) Adopt Resolution No. 2018-50, “A Resolution of the City Council of the City of Huntington Beach Opposing the Local Rent Control Initiative of 2018.” Recommended Action: ADMINISTRATIVE ITEMS 18-31825.Approve the appointments to the City of Huntington Beach Personnel Commission (PC) as recommended by City Council Liaisons, Mayor Mike Posey and Councilmember Lyn Semeta Approve the appointments to the City of Huntington Beach Personnel Commission. Option A: Appoint William Blair and David Ellis to a term of service through June 30, 2020. Option B: Appoint Charles Ray to a term of service through June 30, 2019. Recommended Action: COUNCILMEMBER COMMENTS (Not Agendized) Page 5 of 6 6 City Council/Public Financing Authority AGENDA September 4, 2018 ADJOURNMENT The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Monday, September 17, 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 Page 6 of 6 7 City of Huntington Beach File #:18-257 MEETING DATE:9/4/2018 Presentation of potential modifications in the Huntington Beach Tourism Business Improvement District (TBID) - Visit Huntington Beach City of Huntington Beach Printed on 8/29/2018Page 1 of 1 powered by Legistar™8 City of Huntington Beach File #:18-142 MEETING DATE:9/4/2018 Air Traffic Noise Update City of Huntington Beach Printed on 8/29/2018Page 1 of 1 powered by Legistar™9 City of Huntington Beach File #:18-317 MEETING DATE: Mayor Posey to Announce: Pursuant to Government Code § 54957.6, 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), Management Employees' Organization (MEO), Municipal Employees’ Association (MEA), and Huntington Beach Police Officers’ Association (POA). City of Huntington Beach Printed on 8/29/2018Page 1 of 1 powered by Legistar™10 City of Huntington Beach File #:18-311 MEETING DATE:9/4/2018 Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed Session to confer with the City Attorney regarding the following lawsuit: Michael and Todd Bartlett v. City of Huntington Beach, et al., Orange County Superior Court Case No. 30-2015- 00778560. City of Huntington Beach Printed on 8/29/2018Page 1 of 1 powered by Legistar™11 City of Huntington Beach File #:18-312 MEETING DATE:9/4/2018 Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed Session to confer with the City Attorney regarding the following lawsuit: City of Huntington Beach v. Frances R. Clayton as the Trustee of the Clayton Trust, Orange County Superior Court Case No. 30-2016-00842012. City of Huntington Beach Printed on 8/29/2018Page 1 of 1 powered by Legistar™12 City of Huntington Beach File #:18-313 MEETING DATE:9/4/2018 Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed Session to confer with the City Attorney regarding the following lawsuit: Anthony Duran v. City of Huntington Beach, United States District Court Case No. 8:18-cv-00659 JVS (DFMx). City of Huntington Beach Printed on 8/29/2018Page 1 of 1 powered by Legistar™13 City of Huntington Beach File #:18-314 MEETING DATE:9/4/2018 Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed Session to confer with the City Attorney regarding the following lawsuit: Tiffany Tabares v. City of Huntington Beach and Eric Esparza, United States District Court Case No. 8:18-cv- 00821 JLS (JDEx). City of Huntington Beach Printed on 8/29/2018Page 1 of 1 powered by Legistar™14 City of Huntington Beach File #:18-315 MEETING DATE:9/4/2018 Pursuant to Government Code § 54957.6, the City Council shall recess 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), Management Employees’ Organization (MEO), Municipal Employees’ Association (MEA), and Huntington Beach Police Officers’ Association (POA). City of Huntington Beach Printed on 8/29/2018Page 1 of 1 powered by Legistar™15 City of Huntington Beach File #:18-316 MEETING DATE:9/4/2018 Pursuant to Government Code § 54957, the City Council shall recess to Closed Session to consider the following public employment matter: Candidate for position of Community Development Deputy Director. City of Huntington Beach Printed on 8/29/2018Page 1 of 1 powered by Legistar™16 City of Huntington Beach File #:18-324 MEETING DATE:9/4/2018 Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed Session to confer with the City Attorney regarding the following lawsuit:Huntington Beach Kennedy Commission, et al. v. City of Huntington Beach, Los Angeles County Superior Court Case No. 30-2015-00801675. City of Huntington Beach Printed on 8/29/2018Page 1 of 1 powered by Legistar™17 City of Huntington Beach File #:18-325 MEETING DATE:9/4/2018 Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed Session to confer with the City Attorney regarding the following lawsuit:Huntington Beach Police Officers' Association (HBPOA) v. City of Huntington Beach,Orange County Superior Court Case No. 30-2016-00884624. City of Huntington Beach Printed on 8/29/2018Page 1 of 1 powered by Legistar™18 City of Huntington Beach File #:18-302 MEETING DATE:9/4/2018 Deacon Tom Concitis of St. Mary's by the Sea Roman Catholic Parish and member of the Greater Huntington Beach Interfaith Council City of Huntington Beach Printed on 8/29/2018Page 1 of 1 powered by Legistar™19 City of Huntington Beach File #:18-226 MEETING DATE:9/4/2018 Mayor Posey to call on Fire Chief David Segura to present a proclamation for National Preparedness Month. City of Huntington Beach Printed on 8/29/2018Page 1 of 1 powered by Legistar™20 City of Huntington Beach File #:18-301 MEETING DATE:9/4/2018 Mayor Posey to call on representatives from U.S. Water Polo Inc., to proclaim Sunday, September 16 as “USA Water Polo Day.” City of Huntington Beach Printed on 8/29/2018Page 1 of 1 powered by Legistar™21 City of Huntington Beach File #:18-306 MEETING DATE:9/4/2018 Mayor Posey to call Sister City student ambassadors who recently visited Anjo, Japan. City of Huntington Beach Printed on 8/29/2018Page 1 of 1 powered by Legistar™22 City of Huntington Beach File #:18-309 MEETING DATE:9/4/2018 Police Department Update on Management Partners Recommendations City of Huntington Beach Printed on 8/29/2018Page 1 of 1 powered by Legistar™23 City of Huntington Beach File #:18-249 MEETING DATE:9/4/2018 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Robin Estanislau, CMC, City Clerk PREPARED BY:Robin Estanislau, CMC, City Clerk Subject: Approve and Adopt Minutes Statement of Issue: The City Council/Public Financing Authority regular meeting minutes dated August 6, 2018 and August 20, 2018, require review and approval. Financial Impact: None. Recommended Action: Approve and adopt the City Council/Public Financing Authority regular meeting minutes dated August 6, 2018 and the City Council/Public Financing Authority regular meeting minutes dated August 20, 2018, as written and on file in the Office of the City Clerk. Alternative Action(s): Do not approve and/or request revision(s). Analysis: None. Environmental Status: Non-Applicable. Strategic Plan Goal: Non-Applicable - Administrative Item Attachment(s): 1. August 6, 2018 CC/PFA Minutes 2. August 20, 2018 CC/PFA Minutes City of Huntington Beach Printed on 8/29/2018Page 1 of 1 powered by Legistar™24 Minutes City Council/Public Financing Authority City of Huntington Beach Monday, August 6, 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 4:00 PM and 6:00 PM portions of this meeting is on file in the Office of the City Clerk, and archived at www.surfcity-hb.org/government/agendas/ 4:00 PM - COUNCIL CHAMBERS (Note: Technical difficulties experienced resulted in the lack of audio for the first half of Study Session Item No. 1). CALL TO ORDER — 4:00 PM ROLL CALL Present: O’Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden 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: Study Session Item No. 2 — 18-139 PowerPoint communication submitted by Task Force Members, entitled Huntington Beach Public Art Master Plan Proposal. Item No. 2 — 18-139 PowerPoint communication submitted by Visit Huntington Beach, President & CEO Kelly Miller, showing examples of Public Art. PUBLIC COMMENTS PERTAINING TO STUDY SESSION / CLOSED SESSION ITEMS — 5 Speakers (3 Minute Time Limit) The number [hh:mm:ss] following the speakers' comments indicates their approximate starting time in the archived video located athttp://www.surfcity-hb.org/government/agendas. Note: Due to the lack of audio recorded until the middle of Study Session Item No. 1, Public Comments notes reflect information provided on the Request to Speak form only. Maureen was called to speak. (00:01:25) 25 Council/PFA Regular Minutes August 6, 2018 Page 2 of 14 Shari Engel was called to speak and voiced opposition to certain budget balancing options provided by the Finance Commission for Study Session Item No. #1 - 18-170. (00:02:43) Kathryn Levassiur was called to speak and voiced opposition to certain budget balancing options provided by the Finance Commission for Study Session Item No. #1 - 18-170. (00:04:30) Phil Larschan was called to speak. (00:06:47) Kelly Miller was called to speak and stated his support for Study Session Item No. 18-139 regarding the Public Art Master Plan Proposal. (00:08:23) STUDY SESSION 1. 18-170 Joint Meeting of the Finance Commission and City Council — Finance Commission presented Budget balancing options ROLL CALL (Finance Commission) Present: Hreish (chair), Sterud (vice chair), Lo Grasso, Romero, Small, Van Der Mark Absent: Bunten Commissioner Small presented a PowerPoint communication entitled Budget Balancing Options with slides titled: Projected Budget Deficits, Directions and Recommendations, Recommendations (9), Recommendations Related to Police and Fire Departments (5) and Questions. Mayor Pro Tem Peterson thanked the Finance Commission for the information and asked that they provide the Council with a packet that provides the background details for the points made in the presentation. Councilmember O'Connell and Police Chief Handy discussed details related to Police Department overtime costs, specifically savings for paid overtime versus hiring additional full time officers. Discussion also took place on the level of authority for security officers, and use of field training officers. Councilmember O’Connell concluded comments by requesting information on the saturation point for Police Department overtime. Mayor Posey and Finance Commissioners discussed that Huntington Beach is competitive with other neighboring cities (Seal Beach, Newport Beach, Fountain Valley) regarding Transient Occupancy Tax (TOT). With regard to information listed under Fees and Charges, actual costs are in the middle or lower end for most items compared to neighboring cities. Councilmember Brenden and Chief Financial Officer (CFO) Garcia discussed projected budget deficit numbers through 2022 and 2023, and how they reflect anticipated revenues and expenses. Councilmember Brenden expressed the importance of understanding the impacts of identified options on City residents. Councilmember Delgleize and Finance Commissioners discussed possible options for increasing revenue, including increased fines for Municipal Code violations. 26 Council/PFA Regular Minutes August 6, 2018 Page 3 of 14 Councilmember Semeta expressed her support for basing fees and charges on actual costs, and suggested evaluating proposed increases to determine if they will most likely affect residents and/or tourists. She also expressed concerns about Code Enforcement not having adequate resources to manage newly instituted fines for short-term rentals, calling for balance and perhaps use of an independent contract. Councilmember Brenden and CFO Garcia discussed limited, systematic collection of TOT in Sunset Beach. Mayor Posey expressed appreciation to the Finance Commission for their service. 2. 18-139 ITEM POSTPONED Public Art Master Plan Proposal continued to the 8/20/2018 Study Session To allow ample time for items scheduled under Closed Session, City Manager Wilson recommended that the Public Art Master Plan Proposal be postponed to the August 20, 2018 Study Session to properly present information. It was also recommended that the August 20, 2018 Study Session begin at 3:30 PM. RECESS TO CLOSED SESSION — 4:56 PM A motion was made by O'Connell, second Semeta to recess to Closed Session for Items 3 – 9. With no objections, the motion carried. CLOSED SESSION 3. 18-229 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, one (1). 4. 18-230 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: Huntington Beach Police Officers’ Association (HBPOA) v. City of Huntington Beach, Orange County Superior Court Case No. 30-2016-00884624. 5. 18-231 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: Silvia Aleksiejczyk v. City of Huntington Beach, Orange County Superior Court Case No. 30-2018-00972803. 6. 18-232 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: John Thomas Christiana v. City of Huntington Beach and Robert Handy, Orange County Superior Court Case No. 30-2017-00918017. 7. 18-235 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: Debbie Mallery v. City of Huntington Beach, Orange County Superior Court Case No. 30-2017-00940742. 27 Council/PFA Regular Minutes August 6, 2018 Page 4 of 14 8. 18-243 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. 9. 18-244 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: Carlene Hanson v. City of Huntington Beach, Orange County Superior Court Case No. 30-2016-00863143. 6:00 PM - COUNCIL CHAMBERS RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING — 6:15 PM ROLL CALL Present: O’Connell, Semeta, Peterson, Posey, Delgleize, Hardy and Brenden Absent: None PLEDGE OF ALLEGIANCE — Led by Councilmember Brenden 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. Provided by Pastor James Pike, Lutheran Church of the Resurrection and member of the Greater Huntington Beach Interfaith Council CLOSED SESSION REPORT BY CITY ATTORNEY — None AWARDS AND PRESENTATIONS 10. 18-209 Mayor Posey called on family members of the late Scott O’Hanlon and presented them with a special commendation for his contributions to the Huntington Beach community. 11. 18-210 Mayor Posey presented commendations to members of the City's Citizens Academy for their participation in the City's 2nd Annual Program. The following citizens were acknowledged for completing the Academy: Linda Allen, Priscilla Atkinson, Annie Auzenne, Susan Cook, Rosemary Daley, Dan Donati, Leigh Ann Gilmore, Laurie Gruender, Amory Hanson, Michael Hoskinson, Karen Jackle, Laurette Jennings, Kathryn Levassiur, David Martin, Ellen Riley, Roxanna Ross, Pam Rubly, Marla Sarportar, Corvi Urling, Gracey VanDerMark, Dixie Walters, John Welfringer, and Christy Young 12. 18-220 Mayor Posey called on Southern California Gas representative Lanae O’Shields, who presented the Energy Efficiency Incentive Check for the Well Pump Project. 28 Council/PFA Regular Minutes August 6, 2018 Page 5 of 14 Miss O'Shields explained the services provided by Southern California Gas for over 150 years. She recognized the City of Huntington Beach for energy efficiency through participation in various Southern California Gas programs, including Well Pump Replacement for Well No. 6. This project generated substantial therm savings, cost savings and incentive dollars for the City, resulting in a check for $10,807.00. 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: Consent Calendar Item No. 16 – 18-203 Interdepartmental Communication received from City Clerk Robin Estanislau re: Correction to Agenda Item #16 (18-203), City Council Draft Minutes dated 07/16/2018. Item No. 20 – 18-181 Interdepartmental Communication received from Chief Financial Officer Gilbert Garcia requesting this item be pulled from the agenda for consideration. Item No. 22 – 18-225 Interdepartmental Communication received from Public Works Director Travis Hopkins regarding Brookhurst Bridge Public Works Commission Action. Administrative Items Item No. 23 – 18-217 PowerPoint communication entitled Proposed Harbor Commission. Item No. 24 – 18-227 PowerPoint communication submitted by the Ad Hoc Coastal Area Odors Committee entitled Dissolution of the Ad Hoc Coastal Area Odors Committee Councilmember Items Item No. 26 – 18-240 Email communication regarding the City's Electric Vehicle Charging Infrastructure received from: Mark Bixby, Phil Burtis, and Steven Shepherd PUBLIC COMMENTS (3 Minute Time Limit) — 16 Speakers The number [hh:mm:ss] following the speakers' comments indicates their approximate starting time in the archived video located athttp://www.surfcity-hb.org/government/agendas. Amory Hanson was called to speak and stated his support for Administrative Item No. 23 regarding the Creation of a "Harbour" Commission, and his support for Councilmember Item No. 25 regarding Senate Bill 35 — Planning and Affordable Housing. (01:23:00) Phil Larschan, a Huntington Beach homeowner and provider of short-term rentals, was called to speak and encouraged the City Council to set up guidelines and a tax to properly manage the potential income from Short-Term Rentals. (01:24:27) Mary Frank, a 17-year resident and Founding Member, Huntington Beach Short-Term Rental Alliance, was called to speak and encouraged the City Council to set up guidelines and a tax to properly manage the potential income from Short-Term Rentals. (01:25:36) Robert Frank was called to speak and encouraged the City Council to set up guidelines and a tax to properly manage the potential income from Short-Term Rentals. Mr. Frank further stated the importance 29 Council/PFA Regular Minutes August 6, 2018 Page 6 of 14 of Fire Ground staff based on his career experience, and asked that Fire Ground staffing be maintained. (01:26:36) Michael Elliott, 30-year resident of Huntington Beach, was called to speak and encouraged the City Council to set up guidelines and a tax to properly manage the potential income from Short-Term Rentals. (01:28:44) Bill Larkin, a resident of Huntington Harbour, was called to speak and stated his support for a Public Art Master Plan Proposal, and his support for Administrative Item No. 23 - Creation of a Harbor Commission. (01:31:48) Bob Delmer, a Huntington Harbour resident since 1964, was called to speak, and as the owner of a short-term rental property, he encouraged the City Council to set up guidelines and a tax to properly manage the potential income from Short-Term Rentals. (01:34:50) Nancy Stewart, resident of Huntington Beach for 18 years who owns short-term rental property, was called to speak and encouraged the City Council to set up guidelines and a tax to properly manage the potential income from Short-Term Rentals. (01:36:06) Jeff Warnock was called to speak and stated his support for Consent Calendar Item 18-228 to approve the appointment of Chana Warnock to the Children's Needs Task Force (CNTF). (01:38:18) Chana Warnock was called to speak and thanked Councilmembers Brenden and O'Connell for recommending her appointment to the Children's Needs Task Force (CNTF) and explained why she feels qualified to serve in this capacity. (01:40:08) Kathryn Levassiur, a 20-year resident of Huntington Beach, was called to speak and thanked the many City staff who participated in the recent Citizens Academy, as well as Mayor Posey for his "Meet the Mayor" meetings this year. Mrs. Levassiur also encouraged the City Council to set up guidelines and a tax to properly manage the potential income from Short-Term Rentals. (01:45:24) Peter Gevorkian, a Huntington Beach resident, homeowner and small business owner, was called to speak and encouraged the City Council to set up guidelines and a tax to properly manage the potential income from Short-Term Rentals. (01:48:24) Dana Nguyen, a five-year resident of Huntington Beach and small business owner, was called to speak and encouraged the City Council to set up guidelines and a tax to properly manage the potential income from Short-Term Rentals. (01:52:07) Al Levassiur was called to speak and encouraged the City Council to look at the cornucopia of data that Kathryn Levassiur has related to setting up guidelines and a tax to properly manage Short-Term Rentals. (01:54:46) Pat Byers, 30-year resident of Downtown Huntington Beach who owns short-term rental property, was called to speak and encouraged the City Council to set up guidelines and a tax to properly manage Short-Term Rentals. (01:55:29) 30 Council/PFA Regular Minutes August 6, 2018 Page 7 of 14 Steve Nguyen, a resident of Huntington Beach and owner of short-term rental property, was called to speak and encouraged the City Council to set up guidelines and a tax to properly manage Short-Term Rentals. (01:56:55) COUNCIL COMMITTEE — APPOINTMENTS — LIAISON REPORTS, AB 1234 REPORTING, AND OPENNESS IN NEGOTIATIONS DISCLOSURES Mayor Pro Tem Peterson reported attending a meeting of the Orange County Sanitation District (OCSD) where they announced full staffing for the US Open of Surfing, including weekend hours, to be prepared to handle any sewage issues. Councilmember Semeta reported attending a meeting of the Allied Arts Board where staff presented recommendations for the future role of the Allied Arts Board in a Public Art Master Plan. The Allied Arts Board agreed with the recommendations. Councilmember Delgleize reported that the Orange County Transit Authority (OCTA) had two meetings over the weekend related to the McFadden Bridge project over the 405 Freeway. The Bridge will be closed to all traffic (vehicle, foot, and bicycle) for one year beginning August 6, 2018. Details about affected OCTA bus routes will be available on the City of Huntington Beach website, as well as through OCTA. Councilmember Delgleize also reported meeting with members of the Police Officers' Association (POA). Councilmember Brenden reported that the Air Traffic Noise Working Group recently held its tenth meeting to discuss how to proceed in preparing a report to City Council in an upcoming Study Session. Councilmember Brenden also reported attending a Public Cable Television Authority (PCTA) meeting where the Fiscal Year End financials were presented. There is currently about $3M in available cash. A new Mission Statement was also approved by the PCTA Board. He attended a meeting of the Council Subcommittee on Homelessness where it was reported that the Huntington Beach Police Department has begun daily inspections of 17 different public locations. Councilmember O'Connell reported attending the Council Subcommittee on Homelessness, and meeting with representatives of the Police Officers’ Association (POA). Mayor Posey reported that the West Orange County Water Board completed the drilling project under the 405 Freeway without incident, and he also reported meeting with Police Officers' Association (POA) representatives. 13. 18-214 Council Report/Appointment of a Voting Delegate and Alternate to the League of California Cities Annual Conference and Business Meeting A motion was made by Hardy, second Brenden to appoint Mayor Posey to serve as the voting delegate and City Council Members O'Connell and Brenden as alternates to represent the City of Huntington Beach at the 2018 League of California Cities Annual Conference and Business Meeting, scheduled for September 12-14, 2018. The motion carried by the following vote: AYES: Semeta, Peterson, Posey, Delgleize, Hardy and Brenden NOES: None 31 Council/PFA Regular Minutes August 6, 2018 Page 8 of 14 OUT OF ROOM: O’Connell CITY MANAGER’S REPORT 14. 18-239 Public Safety Update - U. S. Open of Surfing City Manager Fred Wilson introduced Police Chief Robert Handy who provided a brief overview of the Police Department's participation at the US Open and summarized that the event was very successful. Chief Handy reported 80 arrests, 83 criminal reports, 260 civil citations, 50 criminal citations, 181 alcohol related citations, 368 traffic citations, and 884 parking violations over the nine days of the event. Chief Handy thanked all City staff who went above and beyond their normal duties to ensure a successful event. Fire Chief David Segura concurred with the success of the event and reported 38 people required medical attention with 26 actually being transported. Chief Segura thanked the CERT volunteers who treated and released 230 patients with minor cuts and bruises. CITY TREASURER’S REPORT 15. 18-207 Received and filed the City Treasurer’s June 2018 Quarterly Investment Report for June 2018, Pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach City Treasurer Alisa Cutchen presented a PowerPoint communication entitled City of Huntington Beach Quarterly Treasurer's Report with slides entitled: Economic and Market Overview - At 6/30/18, Interest Rates - Rising 2-year Treasury, Portfolio Summary as of 6/30/18, Investments by Type as of 6/30/18, Monthly Portfolio Earnings - July 2017 to June 2018, Recent Changes affecting Investment Portfolio, Portfolio Earnings - as of June 30, 2018, and Compliance. A motion was made by O’Connell, second Semeta to receive and file the City Treasurer's June 2018 Quarterly Investment Report for June 2018, pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach The motion carried by the following vote: AYES: O’Connell, Semeta, Peterson, Posey, Delgleize, Hardy and Brenden NOES: None CONSENT CALENDAR Councilmember Brenden pulled Items 19 & 21, and Mayor Posey pulled Item 18 for further discussion. 16. 18-203 Approved and Adopted Minutes A motion was made by O’Connell, second Semeta to approve and adopt the City Council/Public Financing Authority regular meeting minutes dated July 16, 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: 32 Council/PFA Regular Minutes August 6, 2018 Page 9 of 14 AYES: O’Connell, Semeta, Peterson, Posey, Delgleize, Hardy and Brenden NOES: None 17. 18-212 Approved the July 2018 City of Huntington Beach Strategic Plan Update A motion was made by O’Connell, second Semeta to approve the July 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 Brenden NOES: None 18. 18-228 Approved the appointment of Chana Warnock to the Children’s Needs Task Force (CNTF) as recommended by Council Liaisons Brenden and Billy O’Connell Mayor Posey pulled this item to state that he fully supports Chana Warnock's appointment to the Children's Needs Task Force. Councilmember Brenden stated that in his opinion there is no one that fits the requirements better than Chana Warnock. A motion was made by Posey, second Brenden to approve the appointment of adult representative Chana Warnock for a partial term to expire August 31, 2019, as recommended by Council Liaisons Brenden and O'Connell. The motion carried by the following vote: AYES: O’Connell, Semeta, Peterson, Posey, Delgleize, Hardy and Brenden NOES: None 19. 18-169 Approved and authorized execution of a Sponsorship Agreement between the City of Huntington Beach; and, Adopted a Highway Maintenance Corporation for Trash Receptacles and Sponsorship Councilmember Brenden pulled this item to ask staff if there is anything different in this contract compared to the previous ten-year contracts, and the amount of revenue generated in years 7 – 10. Deputy Director of Economic Development Kellee Fritzal stated that the number of receptacles has increased from 410 to 525, the receptacles are new and improved, and will all have lids. The 3 percent (3%) annual revenue split is expected to provide about $15,000 – $16,000 in years 7 to 10. A motion was made by Brenden, second Delgleize to approve the "Sponsorship Agreement between the City of Huntington Beach and Adopt a Highway Maintenance Corporation for Trash Receptacles and Sponsorship"; and, authorize the Mayor, City Manager, and City Clerk to execute the Sponsorship Agreement and other related documents on behalf of the City. The motion carried by the following vote: 33 Council/PFA Regular Minutes August 6, 2018 Page 10 of 14 AYES: O’Connell, Semeta, Peterson, Posey, Delgleize, Hardy and Brenden NOES: None 20. 18-181 WITHDRAWN — Approve and authorize execution of Professional Services Contract with Davis Farr, LLP in an amount not to exceed $121,500 for Transient Occupancy Tax, Utility User Tax, and Lease Concession Audit Services 21. 18-202 Approved and authorized execution of Amendment No. 4 to Ground Lease Agreement between the City of Huntington Beach and American Tower Asset Subset, LLC Councilmember Brenden pulled this item to discuss details with Director Kellee Fritzal who confirmed that the revenue sharing portion of this Agreement is a new component, and at current competitive rates. A motion was made by Brenden, second Delgleize to approve Amendment No. 4 to Ground Lease Agreement between the City of Huntington Beach and American Tower Asset Subset, LLC; and, authorize the Mayor, City Manager, and City Clerk to execute Amendment No. 4 and other related documents. The motion carried by the following vote: AYES: O’Connell, Semeta, Peterson, Posey, Delgleize, Hardy and Brenden NOES: None 22. 18-225 Approved and authorized the Director of Public Works to implement Change Order No. 1 for the Brookhurst Street Bridge Preventive Maintenance project, CC-1449; and authorized an appropriation from the Gas Tax Fund of $212,000 A motion was made by O’Connell, second Semeta to approve Change Order No. 1 and appropriate $212,000 from the Gas Tax undesignated fund balance to account 20790010.82800. The motion carried by the following vote: AYES: O’Connell, Semeta, Peterson, Posey, Delgleize, Hardy and Brenden NOES: None ADMINISTRATIVE ITEMS 23. 18-217 Approved Creation of a Harbor Commission City Manager Wilson introduced Director of Community Services Marie Knight who presented a PowerPoint communication entitled Proposed Harbor Commission with slides entitled: Research, Harbor Commission Role, Harbor Commission Responsibilities(2), Harbor Commission Composition and Questions. Councilmember Delgleize and Director Knight discussed that within the municipal code and regulations, "harbor" is used, whereas "Harbour" is used for the location and area mall names. 34 Council/PFA Regular Minutes August 6, 2018 Page 11 of 14 Councilmember Semeta stated that this Commission is not intended to become a restrictive or regulatory agency, and expressed her desire to be a Council Liaison going forward. Mayor Pro Tem Peterson thanked staff for the thorough report, and stated the vision is an advisory body composed of Huntington Harbour residents, boaters and area business owners. A motion was made by Peterson, second Semeta to authorize the City Attorney to prepare a Municipal Code Amendment creating a Harbor Commission; and, authorize the City Manager and Director of Community Services to create application guidelines for the Harbor Commission. The motion carried by the following vote: AYES: O’Connell, Semeta, Peterson, Posey, Delgleize, Hardy and Brenden NOES: None 24. 18-227 Dissolution of the Ad Hoc Coastal Area Odors Committee City Manager Wilson asked Committee member Mayor Posey to present a PowerPoint communication entitled Dissolution of the Ad Hoc Coastal Area Odors Committee with slides entitled: Background, Odor Response, Ad Hoc Committee and Recommendations. Councilmember Brenden reported that the number of complaints about area odors appears to be decreasing, and the Committee determined that the City has no jurisdiction over the sources of the odors. The Air Quality Management District (AQMD) did ask the Ad Hoc Committee to present the issues to the Environmental Protection Agency (EPA) and Coast Guard, who both agreed to get involved with the AQMD investigation. Councilmember O'Connell thanked the Huntington Beach Fire Department, AQMD, EPA and Coast Guard for their continued vigilance on this issue. A motion was made by O’Connell, second Brenden to dissolve the Ad Hoc Committee until further authorized by the City Council. The motion carried by the following vote: AYES: O’Connell, Semeta, Peterson, Posey, Delgleize, Hardy and Brenden NOES: None COUNCILMEMBER ITEMS 25. 18-238 Approved as Amended Item Submitted by Mayor Posey — Senate Bill 35 – Planning and Affordable Housing Mayor Posey introduced this item by providing background details and summarized SB 35 as "Sacramento believes that local land use decisions are best made in Sacramento." Mayor Posey also provided examples of California cities impacted by developers who invoked SB 35 to get State approval for their development project regardless of local regulations and permit requirements. 35 Council/PFA Regular Minutes August 6, 2018 Page 12 of 14 City Attorney Michael Gates explained that, if this item is approved, the legal analysis and recommendations will be a Closed Session report to Council, followed by a Closed Session Report by the City Attorney during the public portion of the City Council meeting. Councilmember Hardy stated her support for this item as long as the initial report is made in Closed Session. Councilmember Semeta stated her agreement with Councilmember Hardy's comments, and asked that the motion be amended to "bring back to Council in Closed Session." A motion was made by Posey, second Delgleize to direct the City Attorney to investigate any and all legal action against the State of California in regards to Senate Bill 35 to exempt us from the requirements of Senate Bill 35, as amended to provide findings in Closed Session within 45 days. The motion carried by the following vote: AYES: O’Connell, Semeta, Peterson, Posey, Delgleize, Hardy and Brenden NOES: None 26. 18-240 Approved as Amended Item Submitted by Councilmember Brenden — Electric Vehicle Charging Infrastructure Councilmember Brenden presented a PowerPoint communication entitled: EV Charging Infrastructure with slides entitled: Increasing Demand, Economic Practicality, Future of EVs, Charging Infrastructure and Recommended Action. Councilmember Hardy shared that she received emails from people in the community who have valid input on this topic, as well as communication from Southern California Edison, and stated for the record her opinion that the process should include opportunities for input from all interested individuals and organizations. Councilmember Delgleize stated her support for this item, and including in the process everyone who has information and knowledge. Mayor Pro Tem Peterson shared some of his concerns such as policies related to signage, and removing general parking spaces to designate for only EV use in areas like Downtown where parking is already at a premium. Councilmember Brenden thanked his colleagues for bringing up important questions and agreed the effort will include regulatory components which most likely will be different for private property vs public locations. Councilmember Brenden further stated that this specific item is only addressing charging stations on City-owned property, and needs to include input from potential vendors, therefore, to the best of his understanding, it must be an RFP. Councilmember Semeta stated her need for much more research and discussion before reaching the RFP stage. Councilmember Hardy and City Manager Wilson discussed the need for policy discussions before producing an RFP as potential vendors will need to have accurate size and scope details, and it will 36 Council/PFA Regular Minutes August 6, 2018 Page 13 of 14 come back as a Study Session item. Another question to consider, depending upon location within the City, is whether or not there are coastal zone considerations. Mayor Posey stated that in his mind the first question is to determine whether electricity is a utility or a fuel in this situation, as he believes municipalities are in the utility, not fuel, business. Councilmember Brenden asked that staff include the current vendor agreement as part of their report. A motion was made by Hardy, second Peterson to direct the City Manager to issue a return to Council with recommendations on information to include within a Request for Proposal (RFP) document (type, scope, size, locations, etc.), for the expansion of the City's electric vehicle charging infrastructure in public places, adding additional charging stations for public use at City facilities. 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 Director Fritzal, Community Relations Officer Toledo, Fire Chief Segura, Police Chief Handy, and all City staff who had a part in creating such a sense of community and safety for the US Open of Surfing. Councilmember Hardy reported attending many US Open events, including the Welcome Reception for the Tokyo 2020 Officials. Councilmember Hardy also attended the Ribbon Cutting for Duck Donuts, made a business visit to Four Sons Brewing, and attended the Jr. Lifeguard Sandcrab Movie Night. Councilmember Semeta reported attending the Jimboy's Tacos Grand Opening and Ribbon Cutting, the Walk On Water event to take about 100 special needs kids surfing, the SE Area Community Meeting, the California Surfing Day Announcement, Surfboards on Parade 2018 VIP Unveiling Party, and several US Open of Surfing events. Councilmember O'Connell reported attending the Jimboy's Tacos Grand Opening and Ribbon Cutting, and the Walk On Water event to take special needs kids surfing. Councilmember O'Connell also thanked all of the City staff who were instrumental in providing the safe and successful US Open of Surfing. Councilmember Delgleize reported attending the Surfboards on Parade 2018 VIP Unveiling Party, and multiple events for the US Open including the Welcome Reception with the Tokyo 2020 Officials. Councilmember Delgleize also congratulated Diana Arbruscato for an outstanding Pickleball Tournament recently held at Murdy Park. Councilmember Brenden congratulated Courtney and Kenoah for their US Open performances. He also congratulated Diana Arbruscato for what she has created for pickleball players in Huntington Beach. He reported attending the Four Sons Brewing business visit, taking a tour to the Mexico/US border, meeting with Border Patrol staff and observing some of their enforcement challenges, and attending the Walk On Water event to take special needs kids surfing, which was held near the new All Inclusive Playground at 9th Street. 37 Council/PFA Regular Minutes August 6, 2018 Page 14 of 14 Mayor Posey reported attending the Duck Donuts Ribbon Cutting, meeting with National Weather Service staff for inspection of the new tsunami signage in Sunset Beach, meeting with two visiting student groups from China, attending the Grand Opening and Ribbon Cutting for Jimboy's Tacos, hosting a Meet the Mayor event at Johnny's Saloon & Pizzeria, attending the Blessing & Celebration of Marriage & Family at Old World Village, the California Surfing Day as September 20 Announcement, many US Open events including Surfboards on Parade 2018 VIP Unveiling Party to Celebrate the 25th Anniversary of the Surfing Walk of Fame, and Welcome Reception with Tokyo 2020 Officials. Mayor Posey also thanked HB Fire, Police, and Marine Safety for a safe US Open of Surfing. ADJOURNMENT — 8:40 PM to the next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority on Monday, August 20, 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 _____________________________________ 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: ______________________________________ City Clerk-Secretary ______________________________________ Mayor-Chair 38 Minutes City Council/Public Financing Authority City of Huntington Beach Monday, August 20, 2018 3:30 PM - Council Chambers 6:00 PM - Council Chambers Civic Center, 2000 Main Street Huntington Beach, California 92648 A video recording of the 3:30 PM and 6:00 PM portions 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 amount of time needed to cover items in Study Session and Closed Session, the meeting was called to order at 3:30 PM 3:30 PM - COUNCIL CHAMBERS CALLED TO ORDER — 3:30 PM ROLL CALL Present: O’Connell, Semeta, Peterson, Delgleize, Hardy and Semeta Absent: Posey Pursuant to Resolution No. 2001-54, Mayor Posey requested and was granted permission to be absent. ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced supplemental communications received by her office following distribution of the Council Agenda packet: Study Session Item No. 1 – 18-250 Email communication in support of the Public Art Master Plan received from Chris MacDonald. Item No. 2 – 18-171 PowerPoint communication, submitted by Director of Community Services Marie Knight, entitled Concerts on the Beach. PUBLIC COMMENTS PERTAINING TO STUDY SESSION / CLOSED SESSION ITEMS (3 Minute Time Limit) — 8 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. Susan Thomas, Chief Marketing Officer, Visit HB, was called to speak and stated support for Study Session Item No. 1. 18-278, regarding the Public Art Master Plan Proposal. (00:01:16) 39 Council/PFA Regular Minutes August 20, 2018 Page 2 of 15 Barbara Simone, Huntington Harbour Arts Association Past President, was called to speak and stated support for Study Session Item No. 1. 18-278, regarding the Public Art Master Plan Proposal. (00:03:51) Pam Smart, Huntington Harbour Art Association Member, was called to speak and stated support for Study Session Item No. 1. 18-278, regarding the Public Art Master Plan Proposal. (00:07:13) Jan McKinnon, Huntington Beach Art League member, was called to speak and stated support for Study Session Item No. 1. 18-278, regarding the Public Art Master Plan Proposal. (00:09:36) Pati Kent, Allied Arts Board Member and art instructor, was called to speak and stated support for Study Session Item No. 1. 18-278, regarding the Public Art Master Plan Proposal. (00:11:57) Kelly Miller, President and CEO of Visit HB, was called to speak and stated support for Study Session Item No. 1. 18-278, regarding the Public Art Master Plan Proposal, and support for Study Session Item No. 2. 18-171 regarding Consideration of Concerts on the Beach. (00:14:39) Adam Wood, Building Industry Association - Orange County, was called to speak and expressed support for public art, but stated that in his opinion withholding building permits or certificates of occupancy could create an undue hardship on the business community, and suggested taking an incentive-based approach. (00:17:51) Paula Lazicki, Member of the Huntington Beach Allied Arts Board, was called to speak and stated support for Study Session Item No. 1. 18-278, regarding the Public Art Master Plan Proposal. (00:18:45) STUDY SESSION 1. 18-250 Presentation made regarding Public Art Master Plan Proposal City Manager Wilson introduced Community Services Director Marie Knight and Director of Community Development Ursula Luna-Reynosa who jointly presented a PowerPoint communication entitled Huntington Beach Public Art Master Plan Proposal with slides entitled: Task Force Members, Our Task, Council Direction for Consideration, Goal This Evening:, Research Best Practices, Nationally - 2015 Survey by the Americans for the Arts, Proposal for Master Plan for Public Art, Proposed Vision, Proposed Mission, Guiding Principles for the Plan (4), Goals (5), Goal 1 - Deeper Dive, A. Existing Public Art Program, Existing Program Overview, Existing Process, Results, Wal-Mart, Peninsula Marketplace, Lowe's Home Improvement Warehouse, Home Depot, 5th & PCH, Pacific City Residential - Public Park, Suggested Changes to Existing Program (2), B. Develop a Process for Art Installations on Public Land and Parks (2), C. Develop a Policy for Art Installations on Private Property That is Publically Visible That: (2), Example - City of Laguna Beach Public Art on Private Property, Goal 5:, Newly Created Arts Committee (2), Art in the Parks, Cultural Arts Master Plan, General Plan Cultural Resources Update, Next Steps:, and Questions? Councilmember Semeta expressed her appreciation for the detailed analysis, and stated her support of in-lieu fees for new developments, reviewing appropriate use of currently available funds, and postponement of the Cultural Arts Master Plan update until a Public Art Master Plan is in place. Councilmember Hardy concurred with Councilmember Semeta regarding in-lieu fees. She also expressed her concerns regarding what happens to public art when property ownership changes. Councilmember Hardy believes that a definition is needed for "temporary" art, and would like to see the 40 Council/PFA Regular Minutes August 20, 2018 Page 3 of 15 Design Review Board (DRB) be involved in the approval process. She also expressed the need for more information on the rules regarding how private property is managed as it relates to public art. Councilmember Delgleize expressed her support for Councilmember Hardy's comments and concerns. Councilmember Brenden agreed with Councilmember Hardy that clarification on the artistic expression rights of homeowners as well as placement of public art on developments is needed. He also expressed a need to better understand possible costs related to the review process and the hiring of a consultant. Councilmember Brenden asked for more specifics related to the suggestion of possibly adding Public Art as a budget line item. Director of Community Development Luna-Reynosa explained that generally an "in lieu fee" is a choice offered to a developer: pay the in-lieu fee, or install public art. The bottom line is that Council needs to decide if they want to require or encourage public art. Councilmember Brenden stated his interest in encouraging participation through incentives, but was also sensitive to not creating additional burden on any building activity within the City. Councilmember O'Connell thanked everyone who had a part in providing this report and stated his support of the plan but would like to see incentives rather than an in-lieu fee approach. Mayor Pro Tem Peterson and Director Luna-Reynosa discussed the current public art guidelines which encourage developers to install public art. Mayor Pro Tem Peterson expressed his frustration that some public art, even if questionable, is not actually visible to the general public. He stated support for allowing in-lieu fees, and encouraging the work of more local artists in public art projects. Regarding standards for artistic expression such as colors and style on private property, Mayor Pro Tem Peterson pointed to standards within adopted specific plans that receive DRB review. Councilmember Semeta and staff discussed the percentage of cities that have a public art master plan, and how private organizations often contribute funds to support public art. Councilmember Brenden expressed appreciation for the apparent Council consensus that the review process should not add another layer of fees, and his expectation that the process should not incur costs for the City. Director Luna-Reynosa stated staff would return with a final proposal based on input received at this Study Session. 2. 18-171 Presentation made regarding consideration of Concerts on the Beach City Manager Wilson introduced Director of Community Services Marie Knight who presented a PowerPoint communication jointly with Police Chief Handy titled Concerts on the Beach with slides entitled: Issue and Consideration, History (3), Public Safety Concerns (3), Staff Recommendation:, If the policy is changed to allow concerts, staff recommends: (2), and Questions?. Councilmember Delgleize and Chief Handy discussed that if the City decides to allow events on the beach, how crowd control is managed considering the spill-over effect, if there is really enough staffing to ensure safety, and determining beach event locations. 41 Council/PFA Regular Minutes August 20, 2018 Page 4 of 15 Councilmember Hardy stated that the current policy to not have concerts was strongly supported by the residents who asked for a focus on family-oriented events. She further stated that any beach concert location will impact either hotel and/or camping guests who may not be fans of any particular concert. In her opinion it will be near impossible to contain the music to a specific area, and any policy cannot be discriminatory by only allowing a certain type of music, and therefore she will not support this item. Councilmember Semeta stated that Chief Handy's staffing, safety and noise control concerns are compelling reasons to not support this item. However, she added that maybe smaller concerts with no alcohol allowed, which are family oriented, and offered as part of a bigger event, might be considered in the future. Councilmember Brenden stated his agreement with other Councilmember comments, plus his concern about the issues created when dispersing up to 8,000 people at one time in the Downtown area. The State beach does not have some of the limitations that the City beach does such as proximity to residents and businesses as well as parking limitations. Councilmember Brenden further stated he believes that residents are entitled to enjoy the City's amenities without a parking hassle or having to join big crowds every weekend. Mayor Pro Tem Peterson and Chief Handy discussed recouping staff time costs associated with planning for major events. Mayor Pro Tem Peterson encouraged further discussions regarding possible solutions to the additional seasonal event staffing needs, and summarized the Council consensus that current policies will stay in place for holding concerts on the beach. A motion was made by O'Connell, second Semeta to recess to Closed Session for Items 3 – 12. With no objections, the motion carried. RECESSED TO CLOSED SESSION — 5:03 PM CLOSED SESSION ANNOUNCEMENT(S) 3. 18-278 Mayor Pro Tem Peterson Announced: Pursuant to Government Code § 54957.6, 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), Management Employees’ Organization (MEO), Municipal Employees’ Association (MEA), and Huntington Beach Police Officers’ Association (POA). 4. 18-198 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, one (1). 5. 18-233 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: Anthony Duran v. City of Huntington Beach, United States District Court Case No. 8:18-cv-00659 JVS (DFMx). 42 Council/PFA Regular Minutes August 20, 2018 Page 5 of 15 6. 18-234 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: Tiffany Tabares v. City of Huntington Beach and Eric Esparza, United States District Court Case No. 8:18-cv-00821 JLS (JDEx). 7. 18-271 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: Stephan Shay and Nathan Shay v. City of Huntington Beach; Rockett; Subia, United States District Court Case No. 8:17-CV-00744-AG (JCGx) 8. 18-273 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 v. Randy Wooten, et al., Orange County Superior Court Case No. 30-2016-00848029 9. 18-274 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 v. James Ishihara, et al., Orange County Superior Court Case No. 30-2017-00933769 10. 18-277 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), Management Employees’ Organization, Municipal Employees’ Association (MEA), and Huntington Beach Police Officers’ Association (POA). 11. 18-283 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 12. 18-287 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: Huntington Beach Police Officers’ Association (HBPOA) v. City of Huntington Beach, Orange County Superior Court Case No. 30-2016-00884624 6:00 PM - COUNCIL CHAMBERS RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING — 6:30 PM ROLL CALL Present: O’Connell, Semeta, Peterson, Delgleize, Hardy and Brenden Absent: Posey 43 Council/PFA Regular Minutes August 20, 2018 Page 6 of 15 Pursuant to Resolution No. 2001-54, Mayor Posey requested, and was granted permission to be absent. PLEDGE OF ALLEGIANCE — Led by Councilmember Delgleize 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. 13. 18-260 Led by Reverend James Pike, Pastor, Lutheran Church of the Resurrection, and member of the Greater Huntington Beach Interfaith Council. CLOSED SESSION REPORT BY CITY ATTORNEY City Attorney Gates announced that by a vote of 6-0-1 (Posey - Absent), the City Council granted an extension of time from 45 to 120 days from tonight for the City Attorney and staff to investigate any and all legal action against the State of California in regards to Senate Bill 35 to exempt Huntington Beach from the requirements of Senate Bill 35, and return to Council during Closed Session with findings. City Attorney Gates also stated that discussions on Closed Session Items 5. 18-233 and 6. 18-234 were postponed to the next regular City Council meeting of September 4th. AWARDS AND PRESENTATIONS 14. 18-262 Mayor Pro Tem Peterson called on Victoria Alberty who presented the Adoptable Pet of the Month. Happy, a nearly 16-year old Bichon rescue, likes to walk nearly a mile each day and be around people. More details can be found at www.waggintrails.org. 15. 18-197 Mayor Pro Tem Peterson presented a commendation to the Huntington Beach Chamber of Commerce’s Jeny Carpenter for her recent award from the Orange County Business Council recognizing her volunteer efforts with the Cystic Fibrosis Foundation. Ms. Carpenter explained that there has been great progress made in the last forty years for cystic fibrosis patients, stating that she enjoys supporting the Cystic Fibrosis Foundation and appreciates the community support. 16. 18-264 Mayor Pro Tem Peterson called on students who participated in the Anjo, Japan Sister City Exchange Program who provided an overview of their experiences overseas. Frank Nakabayashi, President of the Sister City Association of Huntington Beach, introduced the students from Anjo and provided a brief overview of the exchange program. The students from Anjo and Huntington Beach participated in a musical performance and each student from Anjo shared highlights of their trip. The students from Anjo were Maho Tahara, Mahiro Asaoka, Kanna Takami, Kana Matsuo, and Chaperone; Hiroki Terashima. 44 Council/PFA Regular Minutes August 20, 2018 Page 7 of 15 17. 18-263 Mayor Pro Tem Peterson called on Fire Chief David Segura who presented the Mayor’s Award to Fire Battalion Chief Mark Daggett. Fire Chief David Segura stated that Fire Battalion Chief Daggett came to Huntington Beach from the Vernon Fire Department in 1993, and has served Huntington Beach as Firefighter Paramedic, Captain, Deputy Fire Marshall and was promoted to Battalion Chief in 2007. Battalion Chief Daggett oversees 40 personnel, including staffing and personnel issues for 8 fire stations. In addition, Battalion Chief Daggett is involved with the specifications for the City's fire apparatus and ensuring everything is built to specs with pre-build, mid-build and final-delivery inspections. He also ensures that all communication equipment functions properly and coordinates communication with the Region, County and Homeland Security staffs. Since 2006 Battalion Chief Daggett has overseen the background process for every Fire Department employee, reviewing about 2,000 applications each year. Chief Segura added that he has personally watched Battalion Chief Daggett remain calm as he efficiently and effectively makes split- second decisions to manage countless local major incidents. As a Sr. Battalion Chief, Mark is also involved in developing the younger and newer Battalion Chiefs for the region, such as when there are major wild fires. Battalion Chief Daggett was honored for his commitment to the community and to the Fire Department. His wife, Susan, was also acknowledged for volunteering as “Sparky” for many community events. Battalion Chief Daggett thanked the Fire Department staff for making his job of managing incidents possible and stated that without their expertise the Department would not be successful. He also thanked Chief McBride for his leadership and mentorship through the years, as well as his personal extended family for their support. ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced supplemental communications received by her office following distribution of the Council Agenda packet: City Manager's Report Item No. 17 – 18-175 PowerPoint communication submitted by the Information Services Department entitled Citizen Engagement With 'My HB.' Consent Calendar Item No. 21 – 18-199 Interdepartmental Communication received from City Manager Fred Wilson requesting this item be pulled from the agenda for consideration. Administrative Items Item No. 23 – 18-099 Email communication regarding Huntington Beach Downtown Business Improvement District (DTBID) received from Moe Kanoudi. Councilmember Items Item No. 24 – 18-276 Email communications regarding potential expansion of Pickleball opportunities received from: Joy Millay, Rita Sipes, Maureen & Rob Moorland, Gerry de Boer, and Judy Carls. 45 Council/PFA Regular Minutes August 20, 2018 Page 8 of 15 PUBLIC COMMENTS (3 Minute Time Limit) — 27 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. Paul Arms, a 25-year resident of Huntington Beach, was called to speak and asked for City Council and Police Department clarification on the City's towing policy and California Vehicle Code governing vehicle towing. Mayor Pro Tem asked Mr. Arms to complete a blue card for staff follow up. (02:16:52) Dave Shenkman, lifetime resident of Huntington Beach and Downtown Business Improvement District (DTBID) Board Member, was called to speak and stated his support for keeping Pacific City and Waterfront Properties in the DTBID, or Option 1 of Administrative Item No. 23. 18-099 regarding the Annual Report and Fiscal Year 2018-19 DTBID Budget and the City's intention to levy an annual assessment. (02:19:35) John Taylor, a resident of Huntington Beach for more than 50 years, was called to speak and stated his support for Councilmember Item 24. 18-276 regarding Potential Expansion of Pickleball Opportunities. (02:21:48) Shelly Amsden, a resident of Huntington Beach for over 11 years, was called to speak and stated support for Councilmember Item 24. 18-276 regarding Potential Expansion of Pickleball Opportunities. (02:24:25) Amory Hanson, a candidate for City Council in 2018, was called to speak and shared his campaign platform as related to the earlier Study Session topics of public art and beach concerts. (02:26:06) John Partington was called to speak and stated support for Councilmember Item 24. 18-276 regarding Potential Expansion of Pickleball Opportunities. (02:27:56) Catherine Navetta was called to speak and stated support for Councilmember Item 24. 18-276 regarding Potential Expansion of Pickleball Opportunities. (02:30:38) Shelly Luth, a long-time resident of Huntington Beach, was called to speak and stated support for Councilmember Item 24. 18-276 regarding Potential Expansion of Pickleball Opportunities. (02:33:12) Deirdre Gan was called to speak and stated support for Councilmember Item 24. 18-276 regarding Potential Expansion of Pickleball Opportunities. (02:35:12) Corvi Urling, four-year resident of Huntington Beach, was called to speak and stated support for Councilmember Item 24. 18-276 regarding Potential Expansion of Pickleball Opportunities. (02:36:58) John Thorndike was called to speak and stated support for Councilmember Item 24. 18-276 regarding Potential Expansion of Pickleball Opportunities. (02:38:34) Edward Pinchiff, Huntington Beach Council on Aging (HBCOA) President, was called to speak and announced the 30th Annual Senior Saturday Community Festival on Saturday, September 8th, at Pier Plaza from 9 a.m. to 1 p.m. and encouraged community attendance. (02:39:03) Ralph Kajdasz, a 20-year resident of Huntington Beach, was called to speak and stated his support for Councilmember Item 24. 18-276 regarding Potential Expansion of Pickleball Opportunities. (02:41:54) 46 Council/PFA Regular Minutes August 20, 2018 Page 9 of 15 Christian Lepore, Liiv Organic CBD Founder, was called to speak and asked for Council's assistance in being allowed to return to Surf City Nights so they can continue to educate and provide safe healing products. (02:43:17) Joseph Palesano, U. S. Navy Desert Storm disabled veteran, was called to speak and shared his personal experience with using hemp CBD. (02:46:07) Henry Carey, business owner and hemp CBD patient, was called to speak and shared his personal experience with using hemp CBD, and suggested that Huntington Beach follow the example of Costa Mesa and provide a zone for non-retail cannabis businesses. (02:48:14) Daniel Walton, Orange County resident for over 20 years, was called to speak and shared his passion for plant-based natural healing, and requested that Huntington Beach lift the ban. (02:51:28) Kathleen Brown, 28-year resident of Huntington Beach, was called to speak and stated support for Councilmember Item 24. 18-276 regarding Potential Expansion of Pickleball Opportunities. (02:53:49) Tim Grasso, was called to speak and stated his support for Councilmember Item 24. 18-276 regarding Potential Expansion of Pickleball Opportunities. He also stated his support for Liiv Organics and the benefits of hemp CBD products. (02:57:03) Leslie Gilson was called to speak and stated support for Councilmember Item 24. 18-276 regarding Potential Expansion of Pickleball Opportunities. (02:59:55) James Jeter, a resident of Huntington Beach, was called to speak and stated support for Councilmember Item 24. 18-276 regarding Potential Expansion of Pickleball Opportunities. (03:01:27) Kathryn Levassiur, Huntington Beach resident since 1999, was called to speak and shared her opinions about the potential sustainable revenue from Short-Term Rentals, and encouraged the City to implement processes to regulate and tax this service which many residents are already providing. (03:03:03) Tamara Berardi, a 37-year resident of Huntington Beach, was called to speak and stated support for Councilmember Item 24. 18-276 regarding Potential Expansion of Pickleball Opportunities. (03:05:30) Cynthia Nguyen, who claims to be the youngest Huntington Beach Pickleball Tournament player and a Kiwans Lt. Governor, was called to speak and stated support for Councilmember Item 24. 18-276 regarding Potential Expansion of Pickleball Opportunities. (03:07:58) Bill Bush, owner and director of Tennis Anyone, was called to speak and stated his opinion that pickleball is a great sport, however, tennis players would prefer to play on courts that do not have an extra set of lines for another great sport, and he believes trying to have dual-purpose courts will be detrimental to the flourishing Huntington Beach tennis community. (03:10:48) Bobbi Ashurst was called to speak and shared her support for legalized cannabis and a booth at SurfCity Nights, and encouraged the City Council to investigate how other area cities are zoning for legalized cannabis businesses. (03:13:24) 47 Council/PFA Regular Minutes August 20, 2018 Page 10 of 15 Diana Abruscato, USAPA Pickleball Ambassador for Huntington Beach, was called to speak and made an appeal for the development of 12 dual purpose pickleball/tennis courts or dedicated 12 courts on City property and stated support for Councilmember Item 24. 18-276 regarding Potential Expansion of Pickleball Opportunities. (03:17:17) COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS, AB 1234 REPORTING, AND OPENNESS IN NEGOTIATIONS DISCLOSURES Councilmember Hardy invited all Councilmembers to the California League of Cities Conference in September where the Coastal Cities Group, of which she is a member, will have a meeting for all coastal cities attendees. Councilmember Delgleize reported meeting with representatives of the Huntington Beach Police Officers' Association (HBPOA) and, as a member of the Orange County Transit Authority (OCTA) Board, reminded the public that the McFadden Bridge renovation at the 405 Freeway will impede freeway traffic from 11 p.m. to 7 a.m. during the next year. Councilmember Brenden reported that the Air Traffic Noise Working Group continues to meet with other area groups having the same concerns, and this collaborative approach is expected to slowly provide appropriate solutions. Councilmember O'Connell reported speaking with members of the Huntington Beach Police Officers' Association (HBPOA). Councilmember Delgleize added that she has also been meeting with the Air Traffic Noise Working Group and praised the efforts of the local residents who are so knowledgeable and resourceful and very important to the progress that is being made. CITY MANAGER’S REPORT 18. 18-175 City Manager Fred Wilson called on Chief Information Officer (CIO) Behzad Zamanian and Technology Analyst Nicole Arms, who provided an overview of MyHB App Phase II City Manager Wilson introduced Chief Information Officer Behzad Zamanian who, along with Senior Technology Analysist Nicole Arms, presented a PowerPoint communication entitled Citizen Engagement with "My HB" with slides titled: My HB Phases, Phase 1: Mobile App My HB, Phase 2: Service Requests, Phase 3: Work Order Integration, Beyond, Citizen Engagement with "My HB", My HB App Phase 2, Report an Issue, Ask A Question, Staff App, Status Update, Citizen Engagement with "My HB", Availability, www.huntingtonbeachca.gov (4), Mobile Device Stores, and Spread the Word. Councilmember Brenden congratulated CIO Zamanian and his team for an outstanding app and encouraged residents to use it. Councilmember Semeta thanked CIO Zamanian and his staff for enhancing transparency and providing ease of access. Councilmember Delgleize also thanked CIO Zamanian and his staff for providing a means to improve efficiency and keeping people aware as an issue is addressed. 48 Council/PFA Regular Minutes August 20, 2018 Page 11 of 15 Councilmember O'Connell commended CIO Zamanian and his team for a great job on this project. CONSENT CALENDAR 19. 18-211 Received and filed City Clerk’s Quarterly listing of Professional Services Contracts filed in the City Clerk’s office between April 1, 2018, and June 30, 2018 A motion was made by Brenden, second O’Connell to receive and file the "List of Professional Services Contracts Approved by Department Heads and Submitted to the Office of the City Clerk During the Period of April 1, 2018, through June 30, 2018." The motion carried by the following vote: AYES: O’Connell, Semeta, Peterson, Delgleize, Hardy and Brenden NOES: None ABSENT: Posey 20. 18-181 Approved and authorized execution of Professional Services Contract with Davis Farr, LLP, in an amount not to exceed $121,500 for Transient Occupancy Tax, Utility User Tax, and Lease Concession Audit Services A motion was made by Brenden, second O’Connell to approve and authorize the Mayor and City Clerk to execute the "Professional Services Contract between the City of Huntington Beach and Davis Farr LLP, for Transient Occupancy Tax, Utility User Tax, and Lease Concession Audit Services" in an amount not to exceed $121,500. The motion carried by the following vote: AYES: O’Connell, Semeta, Peterson, Delgleize, Hardy and Brenden NOES: None ABSENT: Posey 21. 18-199 ITEM WITHDRAWN Approve and award the service contract for the fabrication and implementation of Central Library Wayfinding system to AHR Inc., dba Ampersand Contract Sign Group in the amount of $180,503; accept and approve the donation of $100,000 from the Friends of the Huntington Beach Public Library; and, allocate the funds to account number 10350101.64280 22. 18-267 Approved City Council Position on Legislation pending before the State Legislature and Congress as recommended by the City Council Intergovernmental Relations Committee (IRC) A motion was made by Brenden, second O’Connell to approve a City position of Oppose on S. 3157 - Streamlining the Rapid Evolution and Modernization of Leading-edge Infrastructure Necessary to Enhance (STREAMLINE) Small Cell Deployment Act; and, approve a City position of Oppose on Senate Bill 828 (Weiner) - Land Use Housing Element. The motion carried by the following vote: 49 Council/PFA Regular Minutes August 20, 2018 Page 12 of 15 AYES: O’Connell, Semeta, Peterson, Delgleize, Hardy and Brenden NOES: None ABSENT: Posey ADMINISTRATIVE ITEMS 23. 18-099 Approved the Annual Report and Fiscal Year 2018-19 Huntington Beach Downtown Business Improvement District (DTBID) Budget; and adopted Resolution No. 2018- 43 Repealing Resolution No. 2018-33 and declaring the City’s intention to levy an annual assessment for Fiscal Year 2018-19 within the Huntington Beach Downtown Business Improvement District (DTBID); and, scheduled a Public Hearing for September 17, 2018 Councilmember O'Connell recused himself for this item due to his financial interest in Legends Sports Bar on Main Street, and left the dais. City Manager Wilson introduced this item and stated that the City has received communication from four Downtown business owners requesting that they be removed from the Downtown Business Improvement District: Pacific City, Pasea, Hyatt and Hilton Hotels. If the four requests are approved, the financial impact would be approximately $33,220 less in annual revenue. Councilmember Brenden recognized the new Board for their efforts to address issues that were raised during the IDA study. Fiscal policies and management have been improved, including additional security in the Downtown area. Councilmember Brenden and Deputy Director of Economic Development Kellee Fritzal discussed the two options before the Council in greater detail and reviewed budget numbers. Mayor Pro Tem Peterson stated that he doesn't believe a budget reduction of about $30,000 would make a major difference, and he believes that the new BID Board will continue to work hard to make improvements and are working very collaboratively to benefit all areas of the BID. Mayor Pro Tem Peterson stated his support for Option 1 which would keep the current BID boundaries and provide an opportunity for the continued success of the new board. This BID will be reviewed again next year and changes can be made then if the Board fails to perform as expected. Councilmember Delgleize stated her initial support for Option 1 because of the dramatic improvements she has seen recently, but is also aware of the concerns shared by Pacific City and the three hotels. Councilmember Hardy stated that in her opinion Main Street needs support because if it is not successful then the whole rest of the area will suffer, and that is exactly why the BID was set up with the current boundaries. Councilmember Hardy stated her support for Option 1 with a clear intent to revisit the boundaries issue next year. Councilmember Brenden stated his support for Option 2 because there are BID members who do not see any benefit, and he believes that Option 2 would provide proper focus for only the historical downtown area. He further re-stated his full support for the new BID Board. Councilmember Brenden added that regardless of which Option the Council approves, he would like to request that at the scheduled Public Hearing the BID Board address 1) the issue of updating the database to ensure it is correct and complete with local contact details, and 2) clarification on the plans for using the surplus funds. 50 Council/PFA Regular Minutes August 20, 2018 Page 13 of 15 Councilmember Semeta stated her agreement with Councilmember Hardy's comments and expects that at the end of another year Pacific City and the referenced hotels will feel differently. A motion was made by Semeta, second Hardy to approve OPTION 1 to adopt Resolution No. 2018-43, "A Resolution of the City Council of the City of Huntington Beach Repealing Resolution No. 2018-33 and Declaring the City's Intention to Levy an Annual Assessment for Fiscal Year 2018-2019 Within the Huntington Beach Downtown Business Improvement District," including Exhibit A - Huntington Beach Downtown Business Improvement District 2017-2018 Annual Report, Exhibit B - Assessment Schedule, Boundary Map and List of Businesses to be Assessed, and Exhibit C - Types of Improvements and Activities to be funded by the levy of assessments on businesses within the Business Improvement Area; and, direct the City Clerk to schedule a public hearing to be held on September 17, 2018, and send copies of the Resolution of Intention, including the BID Boundary Map and assessment formula to each business to be assessed, and publish same in a newspaper of general circulation. The motion carried by the following vote: AYES: Semeta, Peterson, Delgleize and Hardy NOES: Brenden ABSENT: RECUSE: Posey O’Connell COUNCILMEMBER ITEMS 24. 18-276 Approved Item Submitted by Councilmember Delgleize — Potential Expansion of Pickleball Opportunities Councilmember Delgleize introduced this item by thanking the many members of the public who made the time to share their pickleball passion. Councilmember Delgleize also acknowledged Leslie Gilson as an example of what one dedicated person with a group of volunteers can do as demonstrated in the transformation at Gibbs Park. Councilmember Delgleize stated that she has similar expectations in the enthusiasm, dedication and leadership exhibited by Diana Abruscato. Councilmember O'Connell stated his support for this item, and also thanked all the members of the community who shared their enthusiasm for more space to play pickleball. Councilmember Hardy expressed a desire to see the Community Services Commission be a bit more creative than just to consider painting additional lines on existing tennis courts. She suggested there may be underutilized flat park space, or to consider if the School District might be interested in a cooperative effort to create pickleball courts that could benefit students and the community. Councilmember Semeta stated her support for this item and expects to see creative solutions that will not negatively impact one sport over another. Councilmember Brenden congratulated Diana Abruscato for a successful pickleball tournament and stated his support for finding workable options for expansion of pickleball opportunities. Mayor Pro Tem Peterson stated that he believes an active park makes a safe park, and this is a good way to increase park activity. 51 Council/PFA Regular Minutes August 20, 2018 Page 14 of 15 A motion was made by Delgleize, second O’Connell to direct the Community Services Commission to review and provide recommendations to the City Council on the feasibility of expanding pickleball opportunities within the community. The motion carried by the following vote: AYES: O’Connell, Semeta, Peterson, Delgleize, Hardy and Brenden NOES: None ABSENT: Posey COUNCILMEMBER COMMENTS (Not Agendized) Councilmember Hardy reported attending the National Night Out event sponsored by the Police and Fire Department at Target on Adams. She thanked the Fire and Police staff members for putting the event together and Target for hosting it in their parking lot. She also reported representing the City at the Chamber of Commerce AM Connect Breakfast, attending the Junior Lifeguard Sand Crab First Annual Graduation, and attending Scott O'Hanlon's memorial service. Councilmember Semeta reported attending the unveiling of new public art by Martin Webb at the Senior Center, the OCTax Members Luncheon which addressed Pensions and what Public Agencies Can Do, and the I-Heart Art Lunch meeting. Councilmember Semeta expressed her condolences to the family and friends of Scott O'Hanlon, as well as to the family and friends of Ron Sterud, Finance Commissioner, whose father Darwin Strong recently passed away. Councilmember Delgleize expressed her condolences to the Waterfront Hilton staff for the loss of Scott O'Hanlon, reported attending the Tee It Up for the Troops event, and reminded everyone that OCTA work on the McFadden Bridge will impact the 405 Freeway for the next year. Councilmember O'Connell reported attending the OCTax Members Luncheon which addressed Pensions and what Public Agencies Can Do where one of the presenters was Assistant City Manager Lori Ann Farrell, the memorial service for Scott O'Hanlon, the National Night Out event, the Chamber of Commerce AM Connect Breakfast where City Attorney Gates was the featured speaker, and the Oak View Literacy Awards night. Councilmember Brenden reported attending the National Night Out event, the OCTax Members Luncheon, unveiling of new public art at the Senior Center, Central Park Subcommittee meeting, an OC Forum Luncheon where the 2019 housing outlook was discussed, the Orange County Fair and a Forever Young performance, provided a City Update to a group of residents at Kathy May's Lakeview Cafe, attended the Celebration of Life for Scott O'Hanlon, the Grand Opening of Coast Surgery Center, and the Tee It Up For The Troops event. Mayor Pro Tem Peterson expressed his honor in welcoming the supporters and the veterans to the Tee It Up for the Troops event on behalf of the City. ADJOURNMENT — 9:06 PM 52 Council/PFA Regular Minutes August 20, 2018 Page 15 of 15 The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Tuesday, September 4, 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 _____________________________________ 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: ______________________________________ City Clerk-Secretary ______________________________________ Mayor-Chair 53 City of Huntington Beach File #:18-284 MEETING DATE:9/4/2018 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Fred A. Wilson, City Manager PREPARED BY:Antonia Graham, Assistant to the City Manager Subject: Approve the appointment of Ana Rudolf and Michael Bourgeault to the Environmental Board as recommended by City Council Liaisons, Mayor Mike Posey and Councilmember Barbara Delgleize Statement of Issue: There are currently two vacant positions on the Environmental Board. After review of submitted applications, Ana Rudolf and Michael Bourgeault are being transmitted for consideration for appointment to the Environmental Board. Financial Impact: Not applicable. Recommended Action: Approve the appointment Ana Rudolf and Michael Bourgeault to the Environmental Board as recommended by Council Liaisons, Mayor Mike Posey and Council Member Barbara Delgleize. Ana Rudolf will fill the seat left vacant by Jessica Budica; and , Michael Bourgeault will fill the seat left vacant by Jeff Coffman, both terms will expire June 30, 2019. Alternative Action(s): Do not approve the appointments and direct staff how to proceed. Analysis: Two vacancies currently exist on the Environmental Board (Jessica Budica and Jeff Coffman). These vacancies were posted according to the Maddy Act at City Hall and on the City’s website. Staff reviewed all of the applications with the City Council Liaisons Posey and Delgleize and their selections are reflected in this item. Environmental Status: Not applicable. City of Huntington Beach Printed on 8/29/2018Page 1 of 2 powered by Legistar™54 File #:18-284 MEETING DATE:9/4/2018 Strategic Plan Goal: Improve quality of life Attachment(s): 1. Application for Ana Rudolf 2. Application for Michael Bourgeault City of Huntington Beach Printed on 8/29/2018Page 2 of 2 powered by Legistar™55 56 57 APPLICATION FOR APPOINTMENT TO A CITIZEN COMMISSION, BOARD, COMMITTEE, OR TASK FORCE (Please type or print clearly) 3 IMPORTANT NOTICE: Before applying, you need to know the following: œ All Council appointed commission, board, and committee members are required bi-annually to take harassment training and two hours of ethics training. œ You are applying for a public position. As such, the information provided in your application is a public record and cannot be kept confidential. This application should be returned to the City Council Offices, P.O. Box 190, Huntington Beach, CA 92648 or in person to the 4th Floor of City Hall, 2000 Main Street (at Yorktown). NAME____ DATE Last First Middle Initial NAME OF BOARD, COMMISSION, COMMITTEE, OR TASK FORCE LENGTH OF RESIDENCY OCCUPATION UNITED STATES CITIZEN? ________ CURRENTLY SERVING ON A CITY BOARD OR COMMISSION? _________ IF SO, WHICH ONE?_______________________________________________________________________________ HOME ADDRESS: BUSINESS ADDRESS: PHONE ___ CELL ___ PHONE _________________ CELL ________________ E-MAIL __ FAX _______________ EMAIL _____________________ FAX _______________ EDUCATIONAL BACKGROUND PROFESSIONAL LICENSES AND/OR ASSOCIATIONS PROFESSIONAL EXPERIENCE Bourgeault Michael J 6/28/2018 Environmental 50+ Years Retired Executive Yes Yes Air Traffic Noise Working group Go Oilers! HB Class of 1976, college Over 30 years in building large dental group practices. My area of expertise was heading up the information technology area of the business. The last "start-up" started in the early 2000's and we ended up building a dental group in multiple states with 700 offices and revenues at about one billion annually at the time of my retirement. My role was CIO with over 50 employees in the IT department and an annual budget in excess of $25 million that I oversaw. 58 4 (Revised 10/13/2010 2:04:00 PM) SPECIAL KNOWLEDGE OR SKILLS CIVIC AND/OR SERVICE MEMBERSHIPS CIVIC INTERESTS HOW WILL YOUR QUALIFICATIONS BEST SERVE THE NEEDS OF THE COMMUNITY? WHY DO YOU WISH TO SERVE ON A VOLUNTEER CITIZEN’S BODY? It is the policy of the City Council to make appointments to the citizen commissions, boards, and committees, based on the needs of the city, as well as the interests and qualifications of each applicant. Selection will be made without discrimination based on the race, creed, gender, or sexual orientation of the applicant. Additional information concerning a particular commission, board, committee, or task force or the application process is available through the staff support department identified above. General questions can be directed to Cathy Fikes, (714) 536-5553. This application should be returned to the City Council Offices, P.O. Box 190, Huntington Beach, CA 92648 or in person to the 4th floor of City Hall, 2000 Main Street (at Yorktown). Good wiht IT. For the air traffic noise working group I setup the online petition, the website, twitter and facebook pages to help the cuase. I'd like to point out that I attended all but one of the air traffic noise meeting due to being sick that date. Very dependable. Intrested in helping with our environment here in HB. I've seen alot of changes in all my 50 plus years. As an avid walker, we walk all areas of the city and I know it very well. Typical walk for us is 10 to 20 miles and this allows us to see all areas of the city, from the beach areas to the parks Like I memtioned, being an avid walker (urban hiker) I know this city very well. And being a resident longer than most, I can make sure that I do my part to help leave HB nicer than it ever was for me. To help all I can. Spread the word on what residents need to know about our environment and what's being done to protect it, enhance it and keep our city beautiful, clean and welcoming to all that come to enjoy our beaches and commuity. We have a special place here in OC and need to protect it. I can be a dependable person on this board for sure! to the back streets. 59 City of Huntington Beach File #:18-282 MEETING DATE:9/4/2018 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Fred A. Wilson, City Manager PREPARED BY:Robert Handy, Chief of Police Subject: Approve, accept and authorize execution of the Selective Traffic Enforcement Program (STEP) Safety Grant from the California Office of Traffic Safety (OTS); and, approve appropriations Statement of Issue: On August 8, 2018, the Police Department received notice from the California Office of Traffic Safety (OTS) that the City of Huntington Beach was tentatively awarded a new one-year traffic safety grant. The Selective Traffic Enforcement Program (STEP) Grant provides funding in the amount of $550,000. These funds are intended to reimburse costs associated with Sobriety/Driver License checkpoints, one full-time DUI officer, multi-faceted traffic enforcement details, and computers for motor officers. These events are designed to reduce traffic collisions, injuries, and fatalities through enforcement, education, and media attention. Financial Impact: This one-year reimbursable grant is funded by the California Office of Traffic Safety. The amount of $550,000 is to be utilized between October 1, 2018, and September 30, 2019. The appropriation request is fully offset by the estimated revenues from the grant. Recommended Action: A) Approve and accept the OTS STEP Grant agreement #PT19050 between OTS and the City of Huntington Beach for $550,000; and, B) Increase appropriations by $550,000 plus accrued interest in the Police Department for the grant and authorize the Chief of Police to execute the grant agreement with OTS. Alternative Action(s): Do not approve and direct staff accordingly. City of Huntington Beach Printed on 8/29/2018Page 1 of 2 powered by Legistar™60 File #:18-282 MEETING DATE:9/4/2018 Analysis: The City of Huntington Beach has always been concerned with the safe and efficient movement of vehicular, bicycle, and pedestrian traffic on our highways, streets and bike paths. The City of Huntington Beach is currently going through several development projects, some of which will add to both seasonal and year-long traffic related issues. In 2016, the Huntington Beach Police Department arrested over 902 DUI drivers. This grant will allow us to use progressive and innovative enforcement techniques to increase our DUI enforcement efforts. In addition to the DUI enforcement, we will be working to improve our ranking in several of the Office of Traffic and Safety categories. The most recent OTS statistics indicate Huntington Beach is fifth (5 th) out of 57 comparable cities for alcohol involved collisions and ranks fifth (5 th) for bicyclist involved collisions. Huntington Beach also ranks 22 nd for total fatal and injury collisions, drivers who had been drinking under 21 years of age, motorcycle involved, pedestrians over 65 years of age, bicyclists under 15 years old, speed related, and nighttime collisions (9:00 PM to 3:00 AM). We are seeking to use the proposed funding to increase traffic enforcement actions and work to identify behaviors that contribute to the root causes of collisions. Further, we would like to provide additional methods of education to inform the public that careless and negligent behaviors will result in drastic consequences to themselves, their passengers, or other affected citizens in and around our roadways. This particular grant will reimburse the City of Huntington Beach for expenditures associated with Sobriety/Driver License Checkpoints, one full-time DUI officer, and a variety of traffic related details. OTS will administer and handle the grant funds for the Selective Traffic Enforcement Program. Environmental Status: N/A Strategic Plan Goal: Enhance and maintain public safety Attachment(s): 1. Email from OTS notifying the Police Department of the tentative grant award 2. Grant Agreement for OTS STEP Grant #PT19050 City of Huntington Beach Printed on 8/29/2018Page 2 of 2 powered by Legistar™61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 City of Huntington Beach File #:18-058 MEETING DATE:9/4/2018 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Fred A. Wilson, City Manager PREPARED BY:Robert Handy, Chief of Police Subject: Approve and authorize execution of a three-year Services Agreement with the City of Irvine for Public Safety Helicopter Services Statement of Issue: The City of Irvine is requesting a three-year contractual agreement with the City of Huntington Beach for Public Safety Helicopter Services. Financial Impact: The proposed contract could generate $300,000 per year in General Fund revenue for the City of Huntington Beach in exchange for Public Safety Helicopter Services for the City of Irvine. During the proposed three-year contract, revenues will be deposited into Business Unit 10000100, Object Code 46860. Recommended Action: Approve and authorize the Mayor and City Clerk to execute the “Services Agreement for Public Safety Helicopter Support between the City of Huntington Beach and the City of Irvine.” Alternative Action(s):. Do not approve and direct staff accordingly. Analysis: The Irvine Police Department is requesting Public Safety Helicopter Services from Huntington Beach. The request is on a per-call basis at an hourly rate starting at $770 for the first year. The hourly rate would be adjusted yearly based on the change in the Metropolitan Consumer Price Index. The proposed contract includes a 60-day opt-out clause for either city. Environmental Status: N/A Strategic Plan Goal: City of Huntington Beach Printed on 8/29/2018Page 1 of 2 powered by Legistar™79 File #:18-058 MEETING DATE:9/4/2018 Enhance and maintain public safety Attachment(s): 1. “Services Agreement for Public Safety Helicopter Support between the City of Huntington Beach and the City of Irvine.” City of Huntington Beach Printed on 8/29/2018Page 2 of 2 powered by Legistar™80 81 82 83 84 85 86 87 88 City of Huntington Beach File #:18-310 MEETING DATE:9/4/2018 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Fred A. Wilson, City Manager PREPARED BY:Ursula Luna-Reynosa, Director of Community Development Subject: Approve and authorize execution of Amendment No. 1 to Professional Services with Sagecrest Planning and Environmental, LLC for As-Needed Planning Services in the amount of $147,000 Statement of Issue: Transmitted for City Council’s consideration is a request to amend an existing contract between the City and Sagecrest Planning and Environmental, LLC. The contract for professional planning services would be increased by $147,000. The contract amendment is needed to continue to provide professional planning services. Financial Impact: The Sagecrest Planning and Environmental, LLC amendment will not require additional appropriation as it will be funded from the approved Community Development Department FY 18/19 budget, Professional Services account 10060201.69365. Recommended Action: Approve and authorize the Mayor and City Clerk to execute: “Amendment No.1 to Professional Services Contract between the City of Huntington Beach and Sagecrest Planning and Environmental, LLC for Professional Planning Services.” Alternative Action(s): Deny the Amendment between the City and Sagecrest Planning and Environmental, LLC and direct staff accordingly. Analysis: Applicants who submit projects to the City pay fees for these services and expect reasonable service levels. When City staff can no longer meet the demands of increased development activity, these services have historically been supplemented with professional services provided by planning consultants. This approach is a cost effective method of closing the gap between the demands for planning services and the ability of City staff to meet this demand. City of Huntington Beach Printed on 8/29/2018Page 1 of 2 powered by Legistar™89 File #:18-310 MEETING DATE:9/4/2018 On November 27, 2017, the City of Huntington Beach approved a three-year, $90,000 contract with Sagecrest Planning and Environmental, LLC for Professional Planning Services. Currently, there is not enough staff to perform the necessary entitlement processing to meet the State Mandated Permit Streamlining Act. Therefore, outside consultants are continuing to be used. With the fluctuation and current increase in entitlement processing activity in FY 18/19 we anticipate this increased activity to continue. In addition, in the upcoming months certain staff members will need to utilize FMLA leave. We have been utilizing professional services contracts to satisfy the increase in demand for entitlement processing since there is not enough staff to do this work. The Community Development Department is requesting the continuation of resources to provide as- needed Planning Services in a timely manner. Staff recommends the City Council approve the amendment with Sagecrest Planning and Environmental, LLC in the amount of $147,000 and authorize the Mayor and City clerk to execute the documents. There is no impact to the General Fund. Environmental Status: The request is exempt pursuant to Section 15061(b) (3) of the California Environmental Quality Act. Strategic Plan Goal: Enhance and Maintain City Service Delivery Attachment(s): 1. Amendment No 1 to Agreement between City of Huntington Beach and Sagecrest Planning and Environmental, LLC for As-Needed Planning Services 2. Original Professional Services Contract between the City of Huntington Beach and Sagecrest Planning and Environmental, LLC for Professional Planning Services 3. Insurance Certificate City of Huntington Beach Printed on 8/29/2018Page 2 of 2 powered by Legistar™90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 City of Huntington Beach File #:18-280 MEETING DATE:9/4/2018 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Fred A. Wilson, City Manager PREPARED BY:Antonia Graham, Assistant to the City Manager Subject: Approve a Memorandum of Understanding (MOU) between the City and Huntington Beach Hospital to enable the Huntington Beach Hospital to participate in the 340B Program Statement of Issue: On September 5, 2017 the City Council voted to enter into a Memorandum of Understanding (MOU) with Huntington Beach Hospital to allow them to participate in the 340B Program. Huntington Beach Hospital is a non-profit that provides a disproportionate share of healthcare services to the Medicare populations, in addition to supporting many programs that benefit the indigent, uninsured, or underinsured populations in Huntington Beach. The CEO of the Hospital has again asked the City to enter into a new MOU to enable them to continue to participate in the 340B program which would enable the Hospital to participate in a low-cost drug program that benefits the aforementioned populations. This Council Action seeks to once again enter into a no-cost MOU that allows the Hospital to take part in a drug discount program. Financial Impact: There is no fiscal impact as this is a no-cost Memorandum of Understanding. Recommended Action: Authorize the Mayor and City Clerk to execute the Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Hospital for the 340B Program. Alternative Action(s): Do not approve the Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Hospital and direct staff accordingly. Analysis: Created in 1992, the 340B Program works with manufacturers to provide outpatient drugs to covered hospitals (e.g. Huntington Beach Hospital) at significantly reduced prices. The intent of the program is to maintain services and lower medication costs for patients. In order for the Hospital to participate in this Program, the Hospital must enter into an agreement with City of Huntington Beach Printed on 8/29/2018Page 1 of 2 powered by Legistar™111 File #:18-280 MEETING DATE:9/4/2018 a unit of the state or local government pursuant to which the Hospital commits to provide health care services to low-income individuals who are not entitled to Medicare or Medicaid benefits - at no reimbursement or considerably less than full reimbursement from these patients. By entering into this MOU, the Hospital agrees to continue its commitment to the provision of health care to indigent, uninsured, and underinsured residents of Huntington Beach and Orange County. The Hospital wishes to enter into this Program in order to maintain current levels of service. The savings from this program are roughly eleven (11) percent greater than those obtained through the Medicaid Rebate Program. Environmental Status: Not applicable. Strategic Plan Goal: Improve quality of life Attachment(s): 1. Memorandum of Understanding between the City of Huntington Beach and Huntington Beach Hospital 2. Office of Pharmacy Affairs (OPA) Certification Contract Between Private, Non-Profit Hospital and State/Local Government to Provide Health Care Services to Low Income Individuals City of Huntington Beach Printed on 8/29/2018Page 2 of 2 powered by Legistar™112 113 114 115 116 117 City of Huntington Beach File #:18-275 MEETING DATE:9/4/2018 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Fred A. Wilson, City Manager PREPARED BY:Travis K. Hopkins, PE, Director of Public Works Subject: Adopt Resolution No. 2018-49 amending Residential Permit Parking District “P” affecting residents along Royalist Drive and Willett Lane Statement of Issue: Residents along Royalist Drive and Willett Lane have petitioned the City to be included in Permit Parking District “P.” Financial Impact: The provisions of Huntington Beach Municipal Code Chapter 10.42 requires that the residents choosing to participate in a residential permit parking district pay a proportionate share of the cost to establish or amend the district making the district cost-neutral to the City. Typical costs include, but are not limited to, installation of signs, curb markings, staff time to issue permits, and administrative costs to create or amend the district. Recommended Action: Adopt Resolution No. 2018-49, “A Resolution of the City Council of the City of Huntington Beach Amending Permit Parking District “P” Within the City of Huntington Beach.” Alternative Action(s): Deny the recommended action. Analysis: On August 18, 2014, City Council adopted Resolution No. 2014-58 creating Permit Parking District “P” consisting of Plymouth Lane between Edinger Avenue and Royalist Drive. The parking district is located north of Edinger Avenue just east of Springdale Street (Attachment 1) and consists of eighteen (18) addresses (Attachment 2). The permit parking restrictions are all day, every day, including holidays. Public Works received a petition submitted by residents on Plymouth Lane (north of Royalist Drive), Royalist Drive, and Willett Lane requesting to be included in Permit Parking District “P” due to City of Huntington Beach Printed on 8/29/2018Page 1 of 3 powered by Legistar™118 File #:18-275 MEETING DATE:9/4/2018 commuter vehicle parking impacts and related disturbances. The petitioning residents expressed commuter vehicle parking related concerns that included inability to park in front of their homes, parked vehicles blocking their driveways, littering, and the moving of trash receptacles on pick-up day to create additional parking areas. Attachment 3 shows the current parking district and streets requested to be included with the parking district amendment. Following procedures in Municipal Code Chapter 10.24 (MC 10.24), Residential Permit Parking, staff reviewed the request, determined the petition and concerns of the residents were valid, and examined the proposed boundaries. Staff prepared and mailed letters to the affected properties explaining the permit parking district requirements, proposed boundaries, and ballots for voting on the parking district amendment. MC 10.24 requires a minimum of 75% of the property units be in favor of the proposal to move the request for further consideration. Of the 86 affected properties, 67 ballots were completed and returned with 41 voting in favor (48%) of the proposal. Although the original request did not receive the required 75% supporting the entire amendment area identified in the petition, after reviewing the voting results and conducting initial field observations, staff modified the proposed amendment streets with concurrence from the requesting residents. Attachment 4 shows the proposed permit parking amendment streets. These streets received the highest percent of voting support for permit parking and include Royalist Drive between Aulnay Lane and Willett Lane (80% support), and Willett Lane south of Royalist Drive (78% support). Municipal Code Chapter 10.42 allows staff discretion to modify the proposed boundaries of a requested permit parking area for consideration. As required by code, staff investigated the conditions on Royalist Drive and Willett Lane to assess the parking conditions and associated issues expressed by the residents. Staff observed that Royalist Drive experiences on-street parking impacts all day throughout the week; notably impacted between Aulnay Lane and Willett Lane with the parking impacts extending to Willett Lane south of Royalist Drive. Staff finds that unrestricted parking on these streets regularly interferes with available on-street parking for the residents and their guests and supports the permit parking district amendment. The number of addresses proposed to be added is 27. As required by Municipal Code 10.42, notices with the date and time of the City Council meeting were sent to the affected properties and properties within 500 feet the proposed amended district boundaries. Environmental Status: None required. Strategic Plan Goal: Enhance and maintain public safety Attachment(s): 1. Vicinity Map 2. Map of Permit Parking District “P” 3. Map of Permit Parking District “P” with Requested Amendment Areas 4. Map of Permit Parking District “P” with Proposed Amendment Areas City of Huntington Beach Printed on 8/29/2018Page 2 of 3 powered by Legistar™119 File #:18-275 MEETING DATE:9/4/2018 5. Permit Parking District “P” Amendment Staff Evaluation 6. Resolution 2018-49 Amending Parking District “P” City of Huntington Beach Printed on 8/29/2018Page 3 of 3 powered by Legistar™120 121 122 123 124 1 | P a g e Proposed Permit Parking District P Amendment Permit Parking District P was established by Council Resolution No. 2014-58 on August 18, 2014. The parking district consists of Plymouth Lane between Edinger Avenue and Royalist Drive and is located east of Springdale Street and north of Edinger Avenue. The location of Permit Parking District P in the city is shown on the vicinity map below. The addresses comprising the parking district are shown on Figure 1. 125 2 | P a g e Figure 1. Permit Parking District P Addresses Residents along streets near Parking District P (Royalist Drive, Willett Lane, and Plymouth Lane north of Royalist Drive) petitioned the city for permit parking on their street. The request was to be included in the parking district with the same parking restrictions (all day, every day) due to the impacts of commuter vehicle parking and related disturbances including trash left on front yards, vehicles blocking driveways, and trash bins being moved to enable parking. The original parking district amendment request included adding Royalist Drive between Springdale Street and Standish Lane, Plymouth Lane between Royalist Drive and Priscilla Drive, and Willett Lane south of Royalist Drive. Figure 2 shows the area of the current parking district and the proposed area initially requested to be added to Permit Parking District P. 126 3 | P a g e Figure 2. Permit Parking District P Amendment Request As required by Municipal Code Chapter 10.42, staff reviewed the request, determined the petition and concerns of the residents were valid, and considered the proposed amendment area to be reasonable. Staff prepared and mailed letters to the affected properties explaining the permit parking district requirements, boundaries, and included ballots for voting on the permit parking district amendment. Staff followed up with a letter a few weeks later to remind residents to return their ballot. Per Municipal Code 10.42 a minimum of 75% of the property units (1 vote per unit) shall be in favor of the permit parking district amendment to move the request for further consideration. Of the 86 127 4 | P a g e affected properties, sixty-seven (67) ballots were returned with forty-one (41) votes or 48% voting in favor of the parking district amendment. Figure 3 summarizes the ballot results and shows the percentage of support for permit parking by street block. Figure 3. Permit Parking District P Amendment Request Voting Results Results of the voting determined that the initial parking district amendment area did not obtain the required 75% support altogether. However, two street sections, Royalist Drive between Aulnay Lane and Willett Lane, and Willett Lane south of Royalist Drive both voted greater than 75% in favor. Discussions with residents along these streets indicated strong interest in permit parking due to the 128 5 | P a g e daily parking impacts and related disturbances from the commuter vehicle parkers. Based on these discussions and the voting results, staff reevaluated the proposed amendment boundary area and determined that it would be reasonable to in vestigate including these two street sections to the current parking district rather than the initial requested area. Municipal Code 10.42 allows staff discretion to modify the proposed boundaries of a requested permit parking district area for consideration. Figure 4 shows the recommended street sections, Royalist Drive between Aulnay Lane and Willett Lane, and Willett Lane south of Royalist Drive that were considered in the Permit Parking District P amendment. These two street sections received greater than 75% vote in support of establishing permit parking. Figure 4. Parking District P and Proposed Streets to Add to Parking District P 129 6 | P a g e As required by code staff investigated the parking conditions and related issues on Royalist Drive and Willett Lane. The code requires that facts exist that reasonably establish that unrestricted parking creates a situation in which the subject streets cannot be used for regular parking by residents or their guests, or creates a situation that commuter vehicles or their occupants produce significant sources of health, safety, or welfare concerns to continue the process for further consideration. Below summarizes the on-street parking information gathered from field surveys of the area. Field Survey 1: Thursday, 6:30 am Street No. Parked Vehicles Parking Capacity Percent Occupancy Royalist Dr between Aulnay Ln and Willett Ln, north side 10 13 77% Royalist Dr between Aulnay Ln and Willett Ln, south side 10 13 77% Willett Ln south of Royalist Dr 13 32 41% Field Survey 2: Wednesday, 3:00 pm Street No. Parked Vehicles Parking Capacity Percent Occupancy Royalist Dr between Aulnay Ln and Willett Ln, north side 8 13 62% Royalist Dr between Aulnay Ln and Willett Ln, south side 10 13 77% Willett Ln south of Royalist Dr 11 32 34% Field Survey 3: Wednesday, 7:00 pm Street No. Parked Vehicles Parking Capacity Percent Occupancy Royalist Dr between Aulnay Ln and Willett Ln, north side 11 13 85% Royalist Dr between Aulnay Ln and Willett Ln, south side 10 13 77% Willett Ln south of Royalist Dr 11 32 34% 130 7 | P a g e Field Survey 4: Friday, 10:00 am Street No. Parked Vehicles Parking Capacity Percent Occupancy Royalist Dr between Aulnay Ln and Willett Ln, north side 8 13 62% Royalist Dr between Aulnay Ln and Willett Ln, south side 7 13 54% Willett Ln south of Royalist Dr 10 32 31% Field Survey 5: Sunday, 7:30 am Street No. Parked Vehicles Parking Capacity Percent Occupancy Royalist Dr between Aulnay Ln and Willett Ln, north side 12 13 92% Royalist Dr between Aulnay Ln and Willett Ln, south side 13 13 100% Willett Ln south of Royalist Dr 17 32 53% Field Survey 6: Saturday, 4:30 pm Street No. Parked Vehicles Parking Capacity Percent Occupancy Royalist Dr between Aulnay Ln and Willett Ln, north side 10 13 77% Royalist Dr between Aulnay Ln and Willett Ln, south side 10 13 77% Willett Ln south of Royalist Dr 16 32 50% Analysis: Field reviews of the area showed that Royalist Drive between Aulnay Lane and Willett Lane experiences parking impacts throughout the day, with the most impacted times occurring during the weekends. Willett Lane did not experience the same degree of parking impacts as Royalist Drive, however, it appeared to be noticeably affected by commuter vehicle parking south of Royalist Drive. Overall, Royalist Drive between Springdale Street and Willett Lane were observed as being regularly impacted by commuter vehicle parking, with the sections between Aulnay Lane and Willett Lane parked at or near capacity during the peak parking demand times. 131 8 | P a g e Including the parking impacts, where residents noted that the comm uter vehicle parking prevents them from parking on-street for themselves and their guests, the related disturbances associated with commuter vehicle parking was the other concern expressed by the residents. Complaints of trash left on front yards, empty cans and bottles thrown on the street, parking too close to driveways and other vehicles, and having their trash bins moved to allow space to park caused the residents to initiate the process to establish permit parking. During the field observations staff noted littering on the street and front yards in addition to vehicles parking extremely close to the driveways. Photos showing examples of the on-street parking issues are shown on pages 9 and 10. Municipal Code 10.42 requires that specific conditions shall exist for a parking district request to move forward for consideration to the City Manager’s office. These include: unrestricted parking creates a situation where on-street parking cannot be regularly used by residents and guests; or, unrestricted parking by commuter vehicles produces significant sources of health, safety, or welfare concerns . After discussions with the residents and conducting the field evaluations, staff finds that the unrestricted parking on Royalist Drive between Aulnay Lane and Willette Lane, and Willette Lane south of Royalist Drive creates a situation where the commuter parking regularly interferes with residents and their guests parking, and produces significant sources of other concerns. Staff supports amending Permit Parking District P, adding properties along Royalist Drive between Aulnay Lane and Willette Lane, and Willette Lane south of Royalist Drive affecting 28 properties. 132 9 | P a g e Photo 1. Parking Impacts on Royalist Drive East of Aulnay Lane. Photo 2. Vehicle Parked Over End of Driveway on Royalist Drive. 133 10 | P a g e Photo 3. Vehicles Parking too Close to Allow Exiting. 134 135 City of Huntington Beach File #:18-279 MEETING DATE:9/4/2018 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Fred A. Wilson, City Manager PREPARED BY:Antonia Graham, Assistant to the City Manager Subject: Adopt Resolution No. 2018-50 opposing the Local Rent Control Initiative of 2018 as recommended by the Intergovernmental Relations Committee (IRC) Statement of Issue: On July 25, 2018, the Intergovernmental Relations Committee met and members recommended that the City take a position on Proposition 10 Local Rent Control Initiative of 2018 which will appear on the November 2018 ballot. Financial Impact: There is no fiscal impact. Recommended Action: Adopt Resolution No. 2018-50, “A Resolution of the City Council of the City of Huntington Beach Opposing the Local Rent Control Initiative of 2018.” Alternative Action(s): Do not adopt the resolution and direct staff accordingly. Analysis: On July 25, 2018,the Intergovernmental Relations Committee comprised of Mayor Mike Posey, Mayor Pro Tem Erik Peterson, and Council Member Lyn Semeta,met and discussed pending legislation and November 2018 ballot measures. The Committee voted unanimously to take an Oppose position on Proposition 10 in the form of a Council Resolution. Proposition 10 is an initiated State statute that would repeal the Costa-Hawkins Rental Housing Act (Costa-Hawkins), thus allowing local governments to adopt rent control ordinances - regulations that govern how much landlords can charge tenants for renting apartments and houses. Proposition 10 would also state that a local government’s rent control ordinance shall not abridge a fair rate of return for landlords. Costa-Hawkins is a State statute that limits the use of rent control in California and provides that City of Huntington Beach Printed on 8/29/2018Page 1 of 2 powered by Legistar™136 File #:18-279 MEETING DATE:9/4/2018 Costa-Hawkins is a State statute that limits the use of rent control in California and provides that cities cannot enact rent control on: (a) housing first occupied after February 1, 1995; and,(b) housing units where the title is separate from connected units, such as condominiums and townhouses. Costa-Hawkins also provides that landlords have a right to increase rent prices to market rates when a tenant moves out. Prior to the enactment of Costa-Hawkins, local governments were permitted to enact rent control, provided that landlords would receive just and reasonable returns on their rental properties. While the State is in the midst of a housing crisis, Proposition 10 is not a panacea and does little if anything to solve the State’s housing problem and is a deeply flawed measure that will likely worsen the problem. Independent academic experts from Stanford and U.C. Berkeley agree that Proposition 10 will reduce construction of affordable and middle-class housing and eliminates protections for homeowners. Homeowners who rent even a single room in their homes will be subject to permanent price controls enacted by local governments and unelected rent boards. These changes will reduce home values for middle-class families at a time when many are counting on their homes to help finance their retirement. Additionally, Proposition 10 will cause property owners to take rental units off of the market in favor of vacation listing services like “Air BnB” and “VRBO” which means more short term rental units in our communities and less affordable housing for renters - further driving up housing costs. Proposition 10 is opposed by a myriad of groups throughout the State. Veterans, seniors, teachers, affordable housing advocates, and the business community all have taken an Oppose position on Proposition 10. Environmental Status: Not Applicable. Strategic Plan Goal: Improve quality of life Attachment(s): 1. Resolution No. 2018-50, “A Resolution of the City Council of the City of Huntington Beach Opposing the Local Rent Control Initiative of 2018.” City of Huntington Beach Printed on 8/29/2018Page 2 of 2 powered by Legistar™137 138 139 City of Huntington Beach File #:18-318 MEETING DATE:9/4/2018 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Fred A. Wilson, City Manager PREPARED BY:Michele Warren, Director of Human Resources Subject: Approve the appointments to the City of Huntington Beach Personnel Commission (PC) as recommended by City Council Liaisons, Mayor Mike Posey and Councilmember Lyn Semeta Statement of Issue: Mayor Mike Posey and Councilmember Lyn Semeta, City Council Liaisons to the City of Huntington Beach Personnel Commission, recommend the appointment of qualified candidates to the Personnel Commission in order to fill current vacancies. Financial Impact: Not Applicable Recommended Action: Approve the appointments to the City of Huntington Beach Personnel Commission. Option A: Appoint William Blair and David Ellis to a term of service through June 30, 2020. Option B: Appoint Charles Ray to a term of service through June 30, 2019. Alternative Action(s): Refer the matter to the Council Liaisons to select other candidates to fill the vacancies. Analysis: The Personnel Commission currently has a total of three (3) vacant terms of service. Appropriate posting of the vacancies and advertisement in the local newspaper and on the Public Access Channel was conducted requesting applications. Mayor Mike Posey and Councilmember Lyn Semeta reviewed and considered applications to fill the vacant positions. William Blair and David Ellis are being recommended by both Mayor Posey and Council Member Semeta to serve on the Personnel Commission. City of Huntington Beach Printed on 8/29/2018Page 1 of 2 powered by Legistar™140 File #:18-318 MEETING DATE:9/4/2018 1. William Blair Mr. Blair has served as the Deputy Chief of Police (Retired) with the City of Long Beach and has a total of 32 years of government service in law enforcement. Mr. Blair has a Bachelor’s Degree and a Master’s Degree from California State University Long Beach. Mr. Blair has served as a past board member for the Bolsa Chica Conservatory. 2. David Ellis Mr. Ellis has served as the Fire Chief (Retired) with the City of Long Beach and has a total of 30+ years of municipal government service. Mr. Ellis has a Bachelor’s Degree from California State University Long Beach, and has participated in leadership programs at the John F. Kennedy School of Government at Harvard University. Mr. Ellis has served as a past board member of the American Red Cross, the Long Beach Police Department DARE Program and the California Fire Chiefs Association. In addition, Mayor Posey is recommending the appointment of Charles Ray to serve on the Personnel Commission. 3. Charles Ray Mr. Ray is an attorney and is a member of the California Employment Lawyers Association. Mr. Ray was admitted to the California State Bar in May 2012. Mr. Ray has a Bachelor’s Degree from Cal. Poly Pomona and a Juris Doctorate from Trinity Law School. Mr. Ray is now the Principal of a Law Firm in the area of Plaintiff’s Employment Litigation. Environmental Status: N/A Strategic Plan Goal: Enhance and Maintain City Service Delivery Attachment(s): 1. “Application for Appointment to a Citizen Commission, Board, Committee or Task Force” a. William Blair b. David Ellis c. Charles Ray City of Huntington Beach Printed on 8/29/2018Page 2 of 2 powered by Legistar™141 142 143 144 145 146 147