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Home My WebLink About2019-09-16 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 Monday, September 16, 2019 Council Chambers 2000 Main Street Huntington Beach, CA 92648 Study Session - 4:00 PM / Closed Session - 5:00 PM Regular Meeting - 6:00 PM MAYOR AND CITY COUNCIL ERIK PETERSON, Mayor LYN SEMETA, Mayor Pro Tem PATRICK BRENDEN, Councilmember KIM CARR, Councilmember BARBARA DELGLEIZE, Councilmember JILL HARDY, Councilmember MIKE POSEY, Councilmember STAFF DAVE KIFF, Interim City Manager MICHAEL E. GATES, City Attorney ROBIN ESTANISLAU, City Clerk ALISA BACKSTROM, City Treasurer 1 City Council/Public Financing Authority AGENDA September 16, 2019 4:00 PM - COUNCIL CHAMBERS CALL TO ORDER ROLL CALL Brenden, Carr, Semeta, Peterson, Posey, Delgleize, Hardy ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS PERTAINING TO STUDY SESSION / CLOSED SESSION ITEMS (3 Minute Time Limit) STUDY SESSION 19-6311.Public Works staff will present an overview of traffic conditions in the City along with current and future plans for managing traffic congestion and the technological changes affecting traffic operations, traffic flow and congestion management 19-9382.Overview of Police Department Asset Forfeiture Process RECESS TO CLOSED SESSION CLOSED SESSION ANNOUNCEMENT(S) 19-9463.Mayor Peterson to announce: Pursuant to Government Code §54957.6, the City Council shall recess into Closed Session to meet with its designated labor negotiator: David Kiff, Interim City Manager and Peter Brown, Chief Negotiator; also in attendance: Robert Handy, Police Chief; Chuck Adams, Interim Chief Financial Officer; and Michele Warren, Director of Human Resources regarding the following: Huntington Beach Police Officers’ Association (POA) CLOSED SESSION 19-9414.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: Turman (Kathy M.) v. City of Huntington Beach; OCSC Case No.: 30-2018-01008686 Page 1 of 8 2 City Council/Public Financing Authority AGENDA September 16, 2019 19-9425.Pursuant to Government Code §54956.9(d)(2), the City Council shall recess into Closed Session to confer with the City Attorney regarding potential litigation. Number of cases, four (4) 19-9436.Pursuant to Government Code §54957.6, the City Council shall recess into Closed Session to meet with its designated labor negotiator: David Kiff, Interim City Manager and Peter Brown, Chief Negotiator; also in attendance: Robert Handy, Police Chief; Chuck Adams, Interim Chief Financial Officer; and Michele Warren, Director of Human Resources regarding the following: Huntington Beach Police Officers’ Association (POA) 19-9527.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: Benzen Properties, LLC, et al. v. City of Huntington Beach, et al.; OCSC Case No.: 30-2019-01070544 19-9538.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 and Nikitin (Yasha) v. City of Huntington Beach, et al.; OCSC Case No.: 30-2019-01093906 19-9609.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: Calif. Dept. of Housing and Community Development v. City (HCD); OCSC Case No.: 30-2019-01046493 6:00 PM – COUNCIL CHAMBERS RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING ROLL CALL Brenden, Carr, Semeta, Peterson, Posey, Delgleize, Hardy PLEDGE OF ALLEGIANCE INVOCATION In permitting a nonsectarian invocation, the City does not intend to proselytize or advance Page 2 of 8 3 City Council/Public Financing Authority AGENDA September 16, 2019 any faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation. 19-85110.Rev. James Pike of Lutheran Church of the Resurrection and member of the Greater Huntington Beach Interfaith Council CLOSED SESSION REPORT BY CITY ATTORNEY AWARDS AND PRESENTATIONS 19-91811.Mayor Peterson to call on Victoria Alberty who will present the “Adoptable Pet of the Month” 19-91712.Mayor Peterson to call on members of the American Legion Post 133 who will celebrate its 100th Anniversary on Saturday, September 21 at 9:00 AM with a free community celebration at Rodgers Seniors Center 19-91913.Mayor Peterson to call on Information Services Director Behzad Zamanian who will present the Mayor’s Award to Info Technology Analyst II, Brian Weinberg 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 CITY MANAGER'S REPORT 19-95414.The City Manager will provide an update on the Ascon clean-up effort as well as progress on the Public Arts Master Plan, among other subjects CONSENT CALENDAR 19-81115.Approve the reappointment of Jerry Person as City Historian, and the appointment of Kathie Schey as City Archivist, each to serve a four-year term commencing September 22, 2019, and ending on September 22, 2023 Recommended Action: Page 3 of 8 4 City Council/Public Financing Authority AGENDA September 16, 2019 A) Reappoint Jerry Person as City Historian for a four-year term commencing September 22, 2019, to September 22, 2023; and, B) Appoint Kathie Schey as City Archivist for a four-year term commencing September 22, 2019, to September 22, 2023 . 19-94516.Receive and File the monthly status update on the 6th cycle Regional Housing Needs Assessment (RHNA) process Receive and file the monthly Regional Housing Needs Assessment (RHNA) process status update. Recommended Action: 19-95017.Adopt Resolution No. 2019-58 approving application(s) for specified Grant Funds and appropriate $1.7 million from the State Department of Parks and Recreation for the Rehabilitation of the Blufftop Path A) Adopt Resolution No. 2019-58, “Resolution of the City Council of the City of Huntington Beach Approving Application(s) for Specified Grant Funds;” and , B) Appropriate $1.7 million upon receipt of Specified Grant Funds from the Department of Parks and Recreation. Recommended Action: 19-86218.Approve and authorize execution of an Agreement with Lorraine Mendez & Associates for US Department of Housing and Urban Development (HUD) Program Consulting Services for a total contract amount not to exceed $120,000 through October 2022; and, authorize increase in Professional Services authority in the City Manager’s Department A) Approve and authorize the Mayor and City Clerk to execute “Professional Services Contract Between the City of Huntington Beach and Lorraine Mendez & Associates for US Department of Housing and Urban Development (HUD) Consulting Services” in the amount of $120,000 through October 2022; and, B) Approve an increase in Professional Services authority in the City Manager’s Department by the commensurate amount. Recommended Action: 19-90519.Approve, accept and authorize execution of a Grant agreement for the Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) Grant; and approve appropriation and expenditure Page 4 of 8 5 City Council/Public Financing Authority AGENDA September 16, 2019 of funds by the Chief of Police A) Approve and accept the OTS STEP Grant agreement #PT20061 between OTS and the City of Huntington Beach for $785,000; and , B) Authorize the Chief of Police to execute the grant agreement with OTS; and , C) Approve appropriations and estimated revenue source in the amount of $785,000; and, D) Establish a separate business unit for this funding and authorize the Chief of Police to expend up to a total of $785,000 plus accrued interest on the Selective Traffic Enforcement Program (STEP) grant. Recommended Action: 19-92920.Approve and authorize execution of a three-year Professional Services Contract with Keyser Marston Associates, Inc. for as-needed Economic Analysis Services; and, increase Office of Business Development Professional Services Listing A) Approve and authorize the Mayor and City Clerk to execute a "Professional Services Contract Between the City of Huntington Beach and Keyser Marston Associates, Inc. for Economic Analysis Services" in an amount not to exceed $270,000 over a three-year period; and, B) Increase the Office of Business Development Professional Services Listing by $90,000. Recommended Action: 19-95521.Approve Fiscal Year 2018/19 Year-End Budget Adjustment and Inter-Fund Transfers A) Approve the appropriation and transfer up to $1.0 million into the Section 115 Trust from one-time FY 2018/19 year-end savings and revenues to reduce the City’s unfunded pension liabilities as reflected in Attachment 1; and, B) Approve appropriation and transfer of $2.0 million to the Fiscal Year 2018/19 Revised Budget in the Infrastructure Fund (314) and an additional $250,000 for park improvements as contained in Attachment 1; and, C) Approve authorization to execute any necessary action to comply with Resolution 2019-55 (City Manager Employment Agreement) including the inter-fund transfer of $1.58 Recommended Action: Page 5 of 8 6 City Council/Public Financing Authority AGENDA September 16, 2019 million from FY 2018/19 General Fund budgetary; transfer request is reflected in Attachment 1; and, D) Authorize appropriation and inter-fund transfers in non-General Fund accounts for expenditures totaling $104,317 as contained in Attachment 1. PUBLIC HEARING 19-94022.Public Hearing to consider adoption of Resolution 2019-69 approving an Annual Assessment within the Huntington Beach Downtown Business Improvement District (DTBID) for Fiscal Year 2019-2020; and authorize appropriation of funds A) Conduct the Public Hearing; and, B) If protests of 50% are not received, adopt Resolution No. 2019-69, “A Resolution of the City Council of Huntington Beach Approving an Annual Assessment Within the Huntington Beach Downtown Business Improvement District for Fiscal Year 2019-2020” and, C) Appropriate an additional $29,000 for a total of $120,000 into Fund 710 for FY 2019-20. Recommended Action: ADMINISTRATIVE ITEMS 19-95823.Consider request for fee waiver, parking offset contribution, and in-kind trash collection services for Code Four, Operator of the Great Pacific Air Show scheduled to take place on October 4-6, 2019 in the City of Huntington Beach A) Authorize the City Manager to approve a Specific Event Permit for the 2019 Great Pacific Airshow that includes a fee waiver of $11,250, parking offset revenues of up to $100,000 contingent on actual parking revenues, and that utilizes aspects of the City’s in-kind contributions via its waste franchise agreements (estimated at up to $10,000); OR B) Deny the above requests for the 2019 event; OR C) Consider alternative options. Recommended Action: COUNCILMEMBER ITEMS 19-94724.Submitted by Councilmember Posey - Test Claim regarding Page 6 of 8 7 City Council/Public Financing Authority AGENDA September 16, 2019 Prison/Jail realignment and local Public Safety costs Direct the City Manager and Police Chief to perform a sample-based analysis of a criminal arrest histories going back to 2012 to understand the financial impact on the City. A representative sample is one technique that can be used for obtaining insights and observations about a targeted population group. For example, this analysis should look at the correlation between those with criminal records that have come into contact with our Police Department (e.g. arrests) who are homeless and who would have been in prison had it not been for the realignment. I believe that the City has a duty to understand the financial impacts of AB 109 and to bring forth a Test Claim stating the impacts to the community. Recommended Action: 19-94825.Submitted by Councilmember Posey - California Public Employee Retirement System (Cal-PERS) and Environmental, Social, or Governance (ESG) plans Direct the Finance Commission to study the impact of Cal-PERS’ ESG policy on Huntington Beach’s unfunded pension liability, then to report back to the Council with an estimate of what amount of the City’s unfunded liability is due to or was increased by Cal-PERS’ ESG policies. Concurrent with that report, direct the City Attorney to report back on a legal strategy to address any losses to HB’s Cal-PERS plan due to Cal-PERS’ ESG policies. Recommended Action: 19-94926.Submitted by Mayor Peterson and Councilmember Brenden - Sober Living Homes Direct the City Attorney to return to City Council by October 21, 2019 with one or more draft Ordinance(s) that strike an appropriate balance between the interests of the City and its residents to preserve residential neighborhood character and the need to provide reasonable accommodation for the disabled to reside in normalized residential environments that promote effective recovery. Recommended Action: COUNCILMEMBER COMMENTS (Not Agendized) ADJOURNMENT The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Monday, October 7, 2019, 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 Page 7 of 8 8 City Council/Public Financing Authority AGENDA September 16, 2019 http://www.huntingtonbeachca.gov Page 8 of 8 9 City of Huntington Beach File #:19-631 MEETING DATE:9/16/2019 Public Works staff will present an overview of traffic conditions in the City along with current and future plans for managing traffic congestion and the technological changes affecting traffic operations, traffic flow and congestion management City of Huntington Beach Printed on 9/11/2019Page 1 of 1 powered by Legistar™10 City of Huntington Beach File #:19-938 MEETING DATE:9/16/2019 Overview of Police Department Asset Forfeiture Process City of Huntington Beach Printed on 9/11/2019Page 1 of 1 powered by Legistar™11 City of Huntington Beach File #:19-946 MEETING DATE:9/16/2019 Mayor Peterson to announce: Pursuant to Government Code §54957.6, the City Council shall recess into Closed Session to meet with its designated labor negotiator: David Kiff, Interim City Manager and Peter Brown, Chief Negotiator; also in attendance: Robert Handy, Police Chief; Chuck Adams, Interim Chief Financial Officer; and Michele Warren, Director of Human Resources regarding the following: Huntington Beach Police Officers’ Association (POA) City of Huntington Beach Printed on 9/11/2019Page 1 of 1 powered by Legistar™12 City of Huntington Beach File #:19-941 MEETING DATE:9/16/2019 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: Turman (Kathy M.) v. City of Huntington Beach; OCSC Case No.: 30-2018-01008686 City of Huntington Beach Printed on 9/11/2019Page 1 of 1 powered by Legistar™13 City of Huntington Beach File #:19-942 MEETING DATE:9/16/2019 Pursuant to Government Code §54956.9(d)(2), the City Council shall recess into Closed Session to confer with the City Attorney regarding potential litigation. Number of cases, four (4) City of Huntington Beach Printed on 9/11/2019Page 1 of 1 powered by Legistar™14 City of Huntington Beach File #:19-943 MEETING DATE:9/16/2019 Pursuant to Government Code §54957.6, the City Council shall recess into Closed Session to meet with its designated labor negotiator: David Kiff, Interim City Manager and Peter Brown, Chief Negotiator; also in attendance: Robert Handy, Police Chief; Chuck Adams, Interim Chief Financial Officer; and Michele Warren, Director of Human Resources regarding the following: Huntington Beach Police Officers’ Association (POA) City of Huntington Beach Printed on 9/11/2019Page 1 of 1 powered by Legistar™15 City of Huntington Beach File #:19-952 MEETING DATE:9/16/2019 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: Benzen Properties, LLC, et al. v. City of Huntington Beach, et al.; OCSC Case No.: 30-2019-01070544 City of Huntington Beach Printed on 9/11/2019Page 1 of 1 powered by Legistar™16 City of Huntington Beach File #:19-953 MEETING DATE:9/16/2019 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 and Nikitin (Yasha) v. City of Huntington Beach, et al.; OCSC Case No.: 30-2019-01093906 City of Huntington Beach Printed on 9/11/2019Page 1 of 1 powered by Legistar™17 City of Huntington Beach File #:19-960 MEETING DATE:9/16/2019 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: Calif. Dept. of Housing and Community Development v. City (HCD); OCSC Case No.: 30-2019-01046493 City of Huntington Beach Printed on 9/11/2019Page 1 of 1 powered by Legistar™18 City of Huntington Beach File #:19-851 MEETING DATE:9/16/2019 Rev. James Pike of Lutheran Church of the Resurrection and member of the Greater Huntington Beach Interfaith Council City of Huntington Beach Printed on 9/11/2019Page 1 of 1 powered by Legistar™19 City of Huntington Beach File #:19-918 MEETING DATE:9/16/2019 Mayor Peterson to call on Victoria Alberty who will present the “Adoptable Pet of the Month” City of Huntington Beach Printed on 9/11/2019Page 1 of 1 powered by Legistar™20 City of Huntington Beach File #:19-917 MEETING DATE:9/16/2019 Mayor Peterson to call on members of the American Legion Post 133 who will celebrate its 100th Anniversary on Saturday, September 21 at 9:00 AM with a free community celebration at Rodgers Seniors Center City of Huntington Beach Printed on 9/11/2019Page 1 of 1 powered by Legistar™21 City of Huntington Beach File #:19-919 MEETING DATE:9/16/2019 Mayor Peterson to call on Information Services Director Behzad Zamanian who will present the Mayor’s Award to Info Technology Analyst II, Brian Weinberg City of Huntington Beach Printed on 9/11/2019Page 1 of 1 powered by Legistar™22 City of Huntington Beach File #:19-954 MEETING DATE:9/16/2019 The City Manager will provide an update on the Ascon clean-up effort as well as progress on the Public Arts Master Plan, among other subjects City of Huntington Beach Printed on 9/11/2019Page 1 of 1 powered by Legistar™23 City of Huntington Beach File #:19-811 MEETING DATE:9/16/2019 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 the reappointment of Jerry Person as City Historian, and the appointment of Kathie Schey as City Archivist, each to serve a four-year term commencing September 22, 2019, and ending on September 22, 2023 Statement of Issue: The current City Historian’s four-year term is set to expire on September 21, 2019, and Council is being asked to fill the vacancy. Additionally, staff is recommending that the Council appoint a City Archivist with the same four-year term. Financial Impact: Costs associated with this process are minimal and will be absorbed with department operating expenses. Recommended Action: A) Reappoint Jerry Person as City Historian for a four-year term commencing September 22, 2019, to September 22, 2023; and, B) Appoint Kathie Schey as City Archivist for a four-year term commencing September 22, 2019, to September 22, 2023. Alternative Action(s): Deny the motion and direct staff accordingly. Analysis: City Council Resolution No. 2009-01 resolves that the voluntary positions of City Historian and City Archivist are renewable with Council approval. The California Legislature’s “Maddy Act” also provides guidelines for informing the public of when a vacancy occurs for positions appointed by the local legislative body. Notices of Vacancy for the voluntary positions of City Historian and City Archivist were posted for public review at the Huntington Civic Center, City libraries, and on the City’s website to comply with Maddy Act guidelines. At the conclusion of the posting period, the City City of Huntington Beach Printed on 9/11/2019Page 1 of 2 powered by Legistar™24 File #:19-811 MEETING DATE:9/16/2019 received written interest for reappointment from Jerry Person, the current City Historian, and from Kathie Schey for appointment as City Archivist. Jerry Person served his first four-year term from August 20, 2007, to August 20, 2011, and was reappointed by Council for two consecutive four-year terms, with the current term set to expire on September 21, 2019. On July 16, 2019, Mr. Person delivered a written communication to Council requesting to remain as City Historian for a fourth, four-year term. Kathie Schey, award-winning research historian and archivist delivered a written communication on August 27, 2019, requesting formal appointment as City Archivist for a four-year term. Certified as a Local Government Archives and Records Administrator and member of the Society of American Archivists, Kathie has unofficially served as City Archivist for the past several years, volunteering countless hours to the City to assist with research and documentation of a variety of historic records in different types of media without official recognition. Kathie currently serves as Chair of the Historic Resources Board (HRB), and HRB liaison to the Design Review Board (DRB). The City Clerk’s Office looks forward to a continued partnership with both individuals, and offers praise and appreciation for the valuable service they provide to the City of Huntington Beach. Environmental Status: Not applicable. Strategic Plan Goal: Non-Applicable - Administrative Item Attachment(s): 1. Resolution No. 2009-01 2. Notice of Vacancy Forms 3. Reappointment Request by Jerry Person 4. Appointment Request by Kathie Schey City of Huntington Beach Printed on 9/11/2019Page 2 of 2 powered by Legistar™25 26 27 28 29 30 31 32 33 34 City of Huntington Beach File #:19-945 MEETING DATE:9/16/2019 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Dave Kiff, Interim City Manager PREPARED BY:Ursula Luna-Reynosa, Director of Community Development Subject: Receive and File the monthly status update on the 6th cycle Regional Housing Needs Assessment (RHNA) process Statement of Issue: During the July 15, 2019 City Council study Session, Community Development staff presented an overview of the 6 th Cycle RHNA process and related items of information as directed by the City Council. At the end of the study session, the City Council requested monthly updates on the status of the 6 th Cycle RHNA process. This update provides a summary of what has occurred since the last monthly update on August 19, 2019. Financial Impact: There is no fiscal impact. Recommended Action: Receive and file the monthly Regional Housing Needs Assessment (RHNA) process status update. Alternative Action(s): Provide alternative direction to staff. Analysis: The following is a summary of what has occurred during the RHNA process since the last monthly update on August 19, 2019. On August 22, 2019, city staff attended the SCAG RHNA public hearing at Irvine City Hall. The purpose of the meeting was to solicit input from interested parties regarding the draft 6 th cycle RHNA methodologies proposed by SCAG. The meeting was held in conjunction with a public review and comment period, which concludes on September 13, 2019. Mayor Pro-tem Semeta and Council member Posey also attended the meeting. Mayor Pro-tem Semeta provided comments on behalf of the City. During her comments, Mayor Pro-tem Semeta indicated that the City will submit a detailed comment letter in writing prior to the close of the comment period and provided the following points City of Huntington Beach Printed on 9/11/2019Page 1 of 3 powered by Legistar™35 File #:19-945 MEETING DATE:9/16/2019 outlined below: 1. The City of Huntington Beach has been a successful housing provider for the region during the current 5 th cycle and a top 10 housing producer within the 197 jurisdiction SCAG region. 2. The 5 th cycle RHNA lacked parity among the jurisdictions and the 6 th cycle RHNA methodology should result in a more fair and equitable allocation to the jurisdictions. 3. Any methodology adopted for the 6 th cycle RHNA should use local input as the basis. 4. SCAG should only adopt a methodology after receiving the regional determination allocation from HCD. 5. SCAG should utilize the comments from Huntington Beach and the other OCCOG cities to correct inaccuracies in the data and revise the methodologies. Later that same day, HCD released their final regional RHNA allocation of 1,344,740 total units among four income categories for the six-county SCAG region. Specifically, the 1,344,740 units of regional determination represent: ·562,252 units in the “above moderate” income category ·225,152 units in the “moderate” income category ·206,338 units in the “low” income category ·350,998 units in the “very low” income category This number is at the higher end of what was anticipated by SCAG and the jurisdictions. For reference, the SCAG Regional Council approved a consultation package to send to HCD recommending a regional determination number of 430,000 units. Per state statute, SCAG has 30 days after receipt of the final RHNA determination to either accept the figure or file an objection if the basis is consistent with state housing law. At the September 5, 2019 SCAG Community, Economic and Human Development (CEHD) Committee and Regional Council meetings, actions were taken to approve the filing of an objection with HCD on the regional determination. SCAG staff is recommending an alternative regional determination ranging between 821,000 and 924,000 housing units. Mayor Pro-tem Semeta and Council member Posey are voting members of the CEHD. In addition, Mayor Pro-tem Semeta represents the City of Huntington Beach as a voting member of the Regional Council. Meanwhile, city staff are analyzing the three methodologies and preparing a written letter for submittal to SCAG by the close of the comment period. Consistent with direction received during the July 15, 2019 City Council study session, city staff will coordinate with Mayor Pro-tem Semeta on the final letter prior to submitting to SCAG. A copy of the City’s comment letter will be provided to the City Council as a supplemental communication prior to the September 16, 2019 City Council meeting. Environmental Status: The filing of a status update on the 6th Cycle RHNA process is not a project as defined by Section 15378 of the CEQA Guidelines and is not subject to CEQA. Strategic Plan Goal: Non-Applicable - Administrative Item City of Huntington Beach Printed on 9/11/2019Page 2 of 3 powered by Legistar™36 File #:19-945 MEETING DATE:9/16/2019 Attachment(s): None City of Huntington Beach Printed on 9/11/2019Page 3 of 3 powered by Legistar™37 City of Huntington Beach File #:19-950 MEETING DATE:9/16/2019 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Dave Kiff, Interim City Manager PREPARED BY:Antonia Graham, Assistant to the City Manager Subject: Adopt Resolution No. 2019-58 approving application(s) for specified Grant Funds and appropriate $1.7 million from the State Department of Parks and Recreation for the Rehabilitation of the Blufftop Path Statement of Issue: In 2018, City staff began working with Assembly Member Cottie Petrie-Norris’ office on a budget request to fund the rehabilitation of the Blufftop Path. The City had previously submitted this project as a grant application through the Active Transportation Program, but was unsuccessful in receiving grant funds. This Council Action is a requirement from the State Parks and Recreation Department and the City cannot receive funds until a Resolution has been adopted by the City Council. Financial Impact: This budget request from the State of California does not require the City to expend any matching funds and will be used solely for the rehabilitation of the Blufftop Path. Recommended Action: A) Adopt Resolution No. 2019-58, “Resolution of the City Council of the City of Huntington Beach Approving Application(s) for Specified Grant Funds;” and, B) Appropriate $1.7 million upon receipt of Specified Grant Funds from the Department of Parks and Recreation. Alternative Action(s): Do not adopt the Resolution and decline the funds from the State Parks and Recreation Department. Analysis: In 2018, City staff along with the City’s State Advocate Townsend Public Affairs began working with Assembly Member Cottie Petrie-Norris to obtain funding for the Blufftop Path. The project was submitted twice for consideration to the Department of Transportation for funding through the Active Transportation Program but never successful in obtaining funding. City of Huntington Beach Printed on 9/11/2019Page 1 of 2 powered by Legistar™38 File #:19-950 MEETING DATE:9/16/2019 Through the State’s budget, process the City has been allocated $1.7 million to improve facilities along a portion of the existing multi-use path (known as the Blufftop Path).The project is expected to include substantial improvements to the path, pedestrian facilities, landscaping and safety railing along the path and the area leading up to it between 6 th Street and Seapoint Street. The improvements are expected to enhance overall capacity and safety of the path and adjacent areas for users along with addressing key landscaping and turf issues near the path. The Blufftop Path is part of the City’s and State’s coastal multi-use trail system and connects with the Santa Ana River Trail and San Gabriel River Trail. Staff will work with the Department of Parks and Recreation to submit a grant application and agreement to formally accept the budgeted funds. There is no matching requirement. Environmental Status: Staff has reviewed the subject request and determined it to be categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15306 because the project involves information collection, which does not result in a major disturbance to an environmental resource. Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): 1. Resolution No. 2019-58, “Resolution of the City Council of the City of Huntington Beach Approving Application(s) for Specified Grant Funds” City of Huntington Beach Printed on 9/11/2019Page 2 of 2 powered by Legistar™39 40 41 City of Huntington Beach File #:19-862 MEETING DATE:9/16/2019 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Dave Kiff, Interim City Manager PREPARED BY:Kellee Fritzal, Deputy Director of Economic Development Subject: Approve and authorize execution of an Agreement with Lorraine Mendez & Associates for US Department of Housing and Urban Development (HUD) Program Consulting Services for a total contract amount not to exceed $120,000 through October 2022; and, authorize increase in Professional Services authority in the City Manager’s Department Statement of Issue: The City utilizes professional consulting services on as as-needed basis to assist with compliance activities for the Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) Programs. The current agreement with Lorraine Mendez & Associates for these services is set to expire October 2019. A Request for Proposal (RFP) was issued and Lorraine Mendez & Associates was selected as the most qualified for HUD consulting services from this RFP process. Staff is requesting an approval of the Agreement for three (3) years in the amount of $40,000 for each year in an amount not to exceed $120,000 which allows for completion of current activities through October of 2022. Financial Impact: Services provided under this agreement are funded through the CDBG and HOME programs. There is no impact to the General Fund. Sufficient funds are available in Account 23980801.69365 ($30,000) and 24080701.69365 ($10,000) for years 2019-2020. Similar funds from CDBG and HOME programs will be used to fund subsequent years. Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute “Professional Services Contract Between the City of Huntington Beach and Lorraine Mendez & Associates for US Department of Housing and Urban Development (HUD) Consulting Services” in the amount of $120,000 through October 2022; and, B) Approve an increase in Professional Services authority in the City Manager’s Department by the commensurate amount. Alternative Action(s): City of Huntington Beach Printed on 9/11/2019Page 1 of 2 powered by Legistar™42 File #:19-862 MEETING DATE:9/16/2019 Do not approve Agreement and direct staff accordingly. Analysis: The City of Huntington Beach receives federal Community Development Block Grant (CDBG) funding and HOME Investment Partnership (HOME) funds on an annual basis from the US Department of Housing and Urban Development (HUD). These funds are utilized by the City to provide programs and services benefitting low-to-moderate income residents and those specifically residing in census block groups designated with more than 47.83 percent residents of low-to-moderate income. Projects include housing rehabilitation for qualified homeowners, fair housing counseling and assistance, case management for seniors in need, literacy tutoring, after school programs in the Oak View neighborhood, coordination of services to the homeless, and capital improvements in the designated areas or which assist the mobility of the disabled on a citywide basis consistent with the Americans with Disabilities Act. The City is required to report progress to HUD on a monthly, quarterly, and annual basis using a variety of mechanisms and to engage in ongoing monitoring to ensure compliance with program regulations. Both the CDBG and HOME programs allow for a small percentage of the overall funds granted to the City to be utilized for program administration, which, for Huntington Beach, also includes the required fair housing services. Many Cities, including Huntington Beach, utilize the services of qualified consultants to take on some of the detailed and complex and ever-changing responsibilities and to perform field and document monitoring of program subrecipients. The City of Huntington Beach issued a Request for Proposals (RFP) for HUD consulting services in June 2019 and received three (3) proposals. Proposals were received from Lorraine Mendez & Associates, Tierra West and Wildan Engineering. Lorraine Mendez & Associates (LMA) was selected to provide this service at a cost not-to-exceed $40,000 annually for three years. In the current program year, LMA has been engaged in prior year reporting, subrecipient monitoring, as well as in the six-month long preparation of the 2019-2020 annual plan, which serves as the City’s annual application for HUD funding. Not approving LMA Agreement could put the City at a significant disadvantage in meeting HUD’s various compliance mandates and in securing program funding for 2020-2021. Thus, the City is seeking to go into contract with MLA through October 2022, which will enable them to complete existing projects and reporting. Environmental Status: Not applicable. Strategic Plan Goal: Enhance and maintain high quality City services Attachment(s): 1. “Professional Services Contract Between the City of Huntington Beach and Lorraine Mendez & Associates for US Department of Housing and Urban Development (HUD) Consulting Services” 2. Professional Services Award Analysis City of Huntington Beach Printed on 9/11/2019Page 2 of 2 powered by Legistar™43 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND LORRAINE MENDEZ & ASSOCIATES FOR US DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) CONSULTING SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and Lorraine Mendez & Associates, LLC, a Limited Liability C01poration hereinafter refen·ed to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide consulting services pertaining to the administration of, and compliance with, the federally funded programs of the US Depaitment of Housing and Urban Development (HUD); and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULT ANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULT ANT hereby designates Lorraine Mendez who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 19-7934/211471 agree/ surf net/professional svcs mayor 5/19-204082 1of12 44 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULT ANT in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on---------' 2019 (the "Commencement Date"). This Agreement shall automatically terminate tlu·ee (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than tlu·ee (3) years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULT ANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULT ANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed One Hundred Twenty Thousand Dollars ($120,000). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will unde1iake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 19-79341211471 agree/ surfnct/professionul svcs mayor 5/19·204082 2of12 45 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall tum these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS A. CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULT ANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSUL TANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. l9-7934/2l l471 ugree/ surfnet/professional svcs mayor 5/I 9-204082 3of12 46 B. To the extent that CONSULT ANT pe1fo1ms "Design Professional Services" within the meaning of Civil Code Section 2782. 8, then the following Hold Harmless provision applies in place of subsection A above: "CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to the extent that the claims against CONSULT ANT arise out of, pe1tain to, or relate to the negligence, recklessness, or willful misconduct of CONSULT ANT. Jn no event shall the cost to defend charged to CONSULT ANT exceed CONSULT ANT' s propo1tionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, CONSULTANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8. C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULT ANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. 1bis policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars 19-7934/211471 agree/ surfnetlprofessional svcs mayor 5119-204082 4ofl2 47 ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effmt to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended repmting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULT ANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY' s election, to forthwith tenninate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination, CONSULT ANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a ce1tificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: 19-79341211471 agree! surfnet/professional svcs mayor 5119-204082 5of12 48 A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either paiiy, reduced in coverage or in limits except after thhiy (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULT ANT's defense, hold harmless and indemnification obligations as set f01ih in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insm·ance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any te1mination of this Agreement by CITY shall 19-7934/211471 agree/ surfnetlprofessional svcs mayor 5119-204082 6of12 49 be made in writing, notice of which shall be delivered to CONSULT ANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, repo1t, and evidence shall, at the option of CITY, become its prope1ty and shall be promptly delivered to it by CONSULTANT, 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULT ANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set fmth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the Califomia Government Code. 16, NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULT ANT may designate different addresses to which subsequent notices, ce1tificates or 19-7934/211471 agree/ surfnetlt>rofessionitl svcs mayor 5/19-204082 7 ofl2 50 other communications will be sent by notifying the other paity via personal delivery, a reputable overnight carrier or U.S. ce1tified mail-return receipt requested: TO CITY: City of Huntington Beach ATTN: Deputy Director of Economic Development 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULTANT: Lorraine Mendez &Associates 2100 Cold Stream Court Oxnard, CA 93036 When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occulTence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTIONHEADlNGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be 19-7934/211471 agree/ surfnet/1,rofesslonal svcs nmyor 5/l9-204082 8 ofl2 51 unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be constmed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contraty to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in patticular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontxactor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for 19·7934/211471 agree/ surfnetiprofossional svcs mayor 5/19-204082 9of12 52 CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the perfo1mance hereof, each paity shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing paity. 25. SUR VIV AL Te1ms and conditions of this Agreement, which by their sense a!ld context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of Califomia. 27. SIGNATORIES Each undersigned represents a!ld warraJlts that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for aJlY injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The patties acknowledge and agree that they ai·e entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The paities also acknowledge and agree that no representations, inducements, promises, agreements or WatTanties, oral or otherwise, have been made by that patty or anyone acting on that paiiy's behalf, which are not embodied in this 19-7934nt 1471 agree/ surfnet/professional svos mayor 5/19-204082 10 ofl2 53 Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the patties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof, 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. [9-7934/211471 agree/ surfncVprofessional svcs mayor 5/19-204082 11 of 12 54 IN WITNESS WHEREOF, the patties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULT ANT, Lorraine Mendez & Associates pl'intnamc ?rlf\d.OAJ ITS: (circle one) Chairmnn/PresidentNicevPres1deut AND By: ___________ _ print name ITS: (circle one) Secretary/ChiefFinanci11\ Officer/Asst. Secretary p Treasurer 19·7934121 M71 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor City Clerk INITIATED AND APPROVED: ~Assistant C~ REVIEWED AND APPROVED: City Manager APPROVED AS TO FORM: City Attorney MA/ agrecJ surfnet/professiomtl svcs nrnyor 5/19-204082 12 of12 55 EXHIBIT A BACKGROUND AND PROJECT SUMMARY Lorraine Mendez & Associates (LM&A) will provide the City with qualified administrative support of Huntington Beach's HUD Programs. Lorraine Mendez will be the City's primary contact on this project, and as the prime consultant, will be solely responsible for timely fulfillment of the contract. She will serve as the project manager and will be the primary author of the Annual Action Plan and Consolidated Annual Performance and Evaluation Report (CAPER). Ms. Mendez has an excellent track record of completing projects on schedule and will ensure the 2020/2021 Action Plan will adhere to the HUD submittal deadline of May 17, 2020. On an as-needed basis, Leslie Lait as project associate, may be invited to assist with CDBG subrecipient monitoring. Ms. Lait has collaborated with Ms. Mendez on CDBG monitoring over the last five years in cities such as Huntington Beach, Huntington Park, and Westminster. Lorraine Mendez & Associates will assume responsibility for tasks outlined in the Scope of Work and Fee Schedule, with reliance on City staff to coordinate and provide administrative support functions. In review of the proposals' Scope of Work and pursuant to our professional experience working with the City of Huntington Beach, LM&A offers the following scope of services: 1. CDBG/HOME Programs Administration a. Work with staff to develop and maintain a project filing system and checklist, including all necessary eligibility documentation to ensure compliance with HUD and federal cross-cutting requirements. b. Conduct environmental reviews and prepare environmental review records for all activities in accordance with NEPA and the implementing regulations at 24 CFR Part 58. c. Manage the federal Integrated Disbursement and Information System (IDIS) required to set- up, revise, fund, and report upon accomplishments and beneficiaries for all CDBG and HOME activities. d. Generate, format, download, and analyze IDIS Reports. e. Assist in department budget preparation and work program. f. Jointly with the Finance Department, assume financial management responsibilities, including preparing draw requests, receipting and drawdown of program income, approving subrecipient payment requests, reprogramming of funds in !DIS, and monitoring CDBG/HOME expenditures. g. Provide contract administration of CDBG and HOME programs and projects. h. Develop quarterly subrecipient performance reports for quarterly submission. i. Ensure subrecipients submit quarterly reports, and conduct desktop monitoring on a quarterly basis. J. Preparation and submittal of federal labor and Davis Bacon reporting. 2. HOME Acquisition/Rehabilitation Program a. Develop subsidy layering guidelines for rental and owner housing. b. Conduct financial analysis/layering review for Federally assisted residential acquisition and rehabilitation projects. c. Assist City staff in drafting deal points and affordable housing agreements for federally Lorraine Mendez & Associates Proposal 1 56 EXHIBIT A assisted residential new construction, and acquisition/rehabilitation projects, and/or review of affordable housing agreements, exhibits, and documents as to compliance with established HUD HOME regulations. d. Prepare environmental review records for proposed HOME affordable housing projects. 3. Respond to HUD and Single Audit Letters and/or Memorandums as Needed a. Address and rectify all concerns and findings emanating from possible Agency or Federal Single Audit Reports. 4. COBG and HOME Monitoring a. Conduct desk and on-site CDBG subrecipient monitoring visits as required by regulation (monitoring typically occurs after the end of the program year). • Prepare appointment letters. • Conduct on-site visit with public service subrecipients, gather needed financial, beneficiary, and other necessary documentation to prepare monitoring report. • Prepare monitoring report outlining subrecipient strengths and weaknesses, concerns, findings, and corrective actions to be taken. • Follow-up with subrecipients on implementation of recommended corrective actions and prepare monitoring close-out letters as needed. • Provide technical assistance to staff and CDBG public service providers as needed. b. Conduct desk and on-site HOME monitoring of affordable housing projects. • Prepare appointment letters to property owners or management. • Schedule on-site inspections to determine compliance with housing, local and state codes. [Note: City may opt to use Building or Code Enforcement staff to conduct on-site inspections, or Lorraine Mendez & Associates, upon City's request, may sub-contract inspection services to qualified person(s).] • Conduct on-site monitoring to include review of project documents and tenant files to ascertain project compliance with HOME requirements, e.g. rents, tenant income eligibility, occupancy eligibility, property standards, affirmative marketing and fair housing, and lease terms. • Prepare monitoring reports and follow-up correspondence until monitoring close out. Report will outline strengths and weaknesses, concerns, findings, and corrective actions to be taken. 5. Develop and Maintain HUD Grants Management Policies and Procedures Manual {Program Guidelines) 6. Prepare FY 2020/21 Annual Action Plan and Amendments to 5-Year Consolidated Plan (Fixed Fee) a. Prepare draft and final Action Plan, amendments to the Action Plan and, if applicable, required amendments to 5-Year Consolidated Plan as needed, oversee public review, and submit to HUD pursuant to HUD regulations. 7. Prepare FY 2019/20 Consolidated Annual Performance and Evaluation Report {CAPER) (Fixed Fee) a. Preparation of draft and final CAPER document, oversight of public review, and submittal to HUD pursuant to HUD regulations. Lorraine Mendez & Associates Proposal 2 57 EXHIBIT "B" Payment Schedule (Fixed Fee Payment) I. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set fmth herein in accordance with the following progress and payment schedules. 2. Delivery of work product: A copy of every memorandum, letter, repo1t, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSUL TANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSUL TANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set fmth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSUL TANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated .as provided herein. 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apait from the ongoing performance of the remainder of this Agreement. Exhibit B 58 EXHIBIT B FEE PROPOSAL Lorraine Mendez & Associates, LLC will provide the following staff positions for implementation of this project: Principal Project Associate $100/hour $55/hour Staff will serve as independent contractors to Lorraine Mendez & Associates, not Lorraine Mendez & Associates' employees. Contractors and Lorraine Mendez agree to the following rights consistent with an independent contractor relationship: ./ Contractors have the right to perform services for others during the term of the Agreement. ./ Contractors have the right to control and direct the means, manner and method by which the services required by the Agreement will be performed . ./ Lorraine Mendez & Associates shall not require Contractor to devote full time to performing the services required by the Agreement . ./ Contractor is not eligible to participate in any employee pension, health, vacation pay, sick pay or other fringe benefit plan of Lorraine Mendez & Associates . ./ Contractors shall pay all income taxes and FICA (Social Security and Medicare taxes) incurred while performing under the Agreement . ./ Contractors will maintain independent insurance as required by the City. Reimbursable Expenses The Consultant will not bill for overhead. The following expenses directly attributable to work performed under this agreement shall be reimbursed at cost: ./ Printing and reproduction costs associated with document reproduction . ./ Mileage expenses at IRS rate, currently$ .58 per mile; rate to be updated as necessary . ./ Other expenses related to document preparation. Project Budget The Consultant proposes to provide requested services set forth under the Background and Project Summary Section of this proposal up to the contract price of $40,000, plus reimbursable expenses. Pursuant to the City's request, additional services are available and can be provided at an hourly rate, by an amendment to the original contract to add such services, or under a separate contact for such services. 1 2 3 4 TOTAL 2020/21 Annual Action Plan, Con Plan Amendments (fixed fee) 2019/20 CAPER (fixed fee) Subreclpient file management, training, and monitoring (including public service and construction projects) Oversight of CDBG and HOME Programs, Environmental Reviews, and IDIS Activities Lorraine Mendez & Associates Proposal $10,000 $8,000 $15,000 $7,000 $40,000 9 59 1 2 3 4 5 6 7 8 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND LORRAINE MENDEZ & AS SOCIA TES FOR US DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) CONSULTING SERVICES Table of Contents Scope of Services ..................................................................................................... 1 City Staff Assistance ................................................................................................ 2 Term; Time of Performance ..................................................................................... 2 Compensation .......................................................................................................... 2 Extra Work ............................................................................................................... 2 Method of Payment. ................................................................................................ .3 Disposition of Plans, Estimates and Other Documents ...................... : .................... 3 Hold Harmless ......................................................................................................... 3 9 Professional Liability Insurance ............................................................................ .4 10 Certificate of Insurance ............................................................................................ 5 11 Independent Contractor ............................................................................................ 6 12 Tetmination of Agreement ....................................................................................... 6 13 Assignment and Delegation ...................................................................................... 6 14 Copyrights/Patents ................................................................................................... 7 15 City Employees and Officials .................................................................................. 7 16 Notices ......................................................................................... 7 17 Consent .................................................................................................................... 8 18 Modification ............................................................................................................. 8 19 Section Headings ..................................................................................................... 8 20 Interpretation of this Agreement .............................................................................. 8 21 Duplicate Original .................................................................................................... 9 22 Immigration ............................................................................................................... 9 23 Legal Services Subcontracting Prohibited ................................................................ 9 24 Attorney's Fees .......................................................................................................... 10 25 Survival ..................................................................................................................... 10 26 Governing Law ......................................................................................................... 10 27 Signatories ................................................................................................................. 10 28 Entirety ...................................................................................................................... 10 29 Effective Date ................................................................................. 11 60 LORRMEN 01 -NCOLLINS ACORD~ CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDIYYYY) I.......---' 9/10/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies} must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer riahts to the certificate holder in lieu of such endorsement(s). PRODUCER 2f'NTACT AME: lnterWest Insurance Services, LLC PHONE I i£i~, No): (AJC, No, Ext): ~DMoAJ~ss: INSURERISl AFFORDING COVERAGE NAIC# INSURER A The Hanover Insurance Comoanv 22292 INSURED INSURER B: Lorraine Mendez & Assoc LLC INSURERC: Lorraine Mendez 21 oo Cold Stream Court INSURER D: Oxnard, CA 93036 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· 1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWlTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICYEFF I ,f.2~6%y EXP •. LIMITS TO """0 '""'0 COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ ~ =:J CLAIMS-MADE D OCCUR ~~~G*~J9to~~~~~nce\ ~ $ ~ MED EXP 'Anv one oersonl $ ~ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ =i POLICY D ~f8r D Loe PRODUCTS -COMP/OP AGG s OTHER: s AUTOMOBILE LIABILITY ~~~~~~~!\SINGLE LIMIT $ -ANY AUTO BODILY INJURY I Per oerson\ $ ~ OWNED -SCHEDULED ~ AUTOS ONLY ~ AUTOS BODILY INJURY fPer accident $ -~LR/J's ONLY -~&¥~~19 r~9~gd"Zit~AMAGE $ $ UMBRELL.A L1AB HOCCUR EACH OCCURRENCE $ - EXCESS LIAB CLAlMS·MADE AGGREGATE s OED j I RETENTION$ s WORKERS COMPENSATION I ~ffTuTE I I OTH- AND EMPLOYERS' LIABtL1TY ER YIN ANY PROPRIETORIPARTNERfEXECUTIVE D NIA TO FORM E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? APPROVED AS (Mandatory In NH) ~,, F-}J_ E.L. DISEASE-EA EMPLOYE~ $ If yes, describe under < " DESCRIPTION OF OPERATIONS below E.l. DISEASE -POLICY LIMIT $ A Professional Liabili x LHF99066190by· / ... ,.,/2020 Limits 1,000,000 • .. MICHl\~L fl GP.res cm Art 11\NllY -·-" sfbN eeM H DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (ACORD 101, Additional Reiliark; Schedule, may be attached if more space Is required) City Of Huntington Beach is additional insured per attached endorsement CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City Of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street Huntington Beach, CA 92648 AUTHORIZED REPRESENTATIVE I ,J~~Ilt.'~-{)f);:;f~( ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 61 LIMITED ADDITIONAL INSURED ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: Lorraine Mendez & Assoc LLC Policy Number: LHF-9906619-06 Issued by The Hanover Insurance Company. This endorsement, Effective 12:01 A.M. 04/03/2019 modifies the following: The following definition is added to SECTION D -DEFINITIONS: Limited additional insured means a person or entity covered under this policy only with respect to claims made against such person or entity, which involve or arise from vicarious liability imposed due to any wrongful act of any insured. In consideration of the premium charged, it is hereby understood and agreed that City of Huntington Beach, Duane Solomon and Leslie Lait is a limited additional insured. No coverage is afforded to City of Huntington Beach, Duane Solomon and Leslie Lait for any claim alleging or in any way involving any independent wrongful act, error or omission of City of Huntington Beach, Duane Solomon and Leslie Lait. It is understood and agreed that we shall have no duty to pay loss, other than claim expenses, on behalf of the City of Huntington Beach, Duane Solomon and Leslie Lail as an insured. All other terms and conditions remain unchanged. 910-00120112 Page 1 of 1 62 PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: HUD Program Consulting Services SERVICE DESCRIPTION: Management and compliance of HUD/CDBG services and tasks. VENDOR: Lorraine Mendez & Associates OVERALL RANKING: 1 SUBJECT MATTER EXPERTS/RATERS: (EXAMPLE: 1. Building Official 2. Assistant Fire Marshal 3. Fire Protection Analyst) 1. Building Official—Ken Dills 2. Senior Admin. Analyst—Kevin Justen 3. Assistant to City Manager—Antonia Graham 4. Economic Development Project Manager—Robert Ramirez I. MINIMUM QUALIFICATIONS REVIEW  Written Proposal Score: VENDOR NAME – Minimum Qualifications Review Criteria Total Weighted Score Maximum Score Compliance with RFP 5 95 Technical Approach 25 450 Qualifications 25 362 Experience 20 360 Operational Plan 15 270 References and Background 10 180 Total 100 1717.50 II. DUE DILIGENCE REVIEW  Interview Ranking: No interviews were conducted. VENDOR NAME – Summary of Review  Vendor has extensive years performing tasks requested, including Huntington Beach. VENDOR NAME – Pricing  $40,000 a year, total of 3 years for a total of $120,000. 63 PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: HUD Program Consulting Services SERVICE DESCRIPTION: Management and compliance of HUD/CDBG services and tasks. VENDOR: Wildan Engineering OVERALL RANKING: 2 SUBJECT MATTER EXPERTS/RATERS: (EXAMPLE: 1. Building Official 2. Assistant Fire Marshal 3. Fire Protection Analyst) 1. Building Official—Ken Dills 2. Senior Admin. Analyst—Kevin Justen 3. Assistant to City Manager—Antonia Graham 4. Economic Development Project Manager—Robert Ramirez I. MINIMUM QUALIFICATIONS REVIEW  Written Proposal Score: VENDOR NAME – Minimum Qualifications Review Criteria Total Weighted Score Maximum Score Compliance with RFP 5 90 Technical Approach 25 450 Qualifications 25 425 Experience 20 320 Operational Plan 15 112.5 References and Background 10 160 Total 100 1557.50 II. DUE DILIGENCE REVIEW  Interview Ranking: No interviews were conducted. VENDOR NAME – Summary of Review  Vendor has extensive years performing tasks requested and robust staff. VENDOR NAME – Pricing  Hourly rate ranging from $110 – to $195. 64 PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: HUD Program Consulting Services SERVICE DESCRIPTION: Management and compliance of HUD/CDBG services and tasks. VENDOR: Tierra West Advisors OVERALL RANKING: 3 SUBJECT MATTER EXPERTS/RATERS: (EXAMPLE: 1. Building Official 2. Assistant Fire Marshal 3. Fire Protection Analyst) 1. Building Official—Ken Dills 2. Senior Admin. Analyst—Kevin Justen 3. Assistant to City Manager—Antonia Graham 4. Economic Development Project Manager—Robert Ramirez I. MINIMUM QUALIFICATIONS REVIEW  Written Proposal Score: VENDOR NAME – Minimum Qualifications Review Criteria Total Weighted Score Maximum Score Compliance with RFP 5 75 Technical Approach 25 350 Qualifications 25 350 Experience 20 320 Operational Plan 15 1407.50 References and Background 10 140 Total 100 1557.50 II. DUE DILIGENCE REVIEW  Interview Ranking: No interviews were conducted. VENDOR NAME – Summary of Review  Vendor has extensive years performing tasks requested. VENDOR NAME – Pricing  Hourly rate ranging from $50 – to $165. 65 City of Huntington Beach File #:19-905 MEETING DATE:9/16/2019 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Dave Kiff, Interim City Manager PREPARED BY:Robert Handy, Chief of Police Subject: Approve, accept and authorize execution of a Grant agreement for the Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) Grant; and approve appropriation and expenditure of funds by the Chief of Police Statement of Issue: On August 8, 2019, 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 #PT20061 provides funding in the amount of $785,000. These funds are intended to reimburse our costs associated with Sobriety/Drivers License checkpoints, two full-time DUI officer positions, multi-faceted traffic enforcement details, and tablet computers for motor officers. The grant also includes an award for traffic data collection software. 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 $785,000 is to be utilized between October 1, 2019 and September 30, 2020. The appropriation request is fully offset by this revenue source. Recommended Action: A) Approve and accept the OTS STEP Grant agreement #PT20061 between OTS and the City of Huntington Beach for $785,000; and, B) Authorize the Chief of Police to execute the grant agreement with OTS; and , C) Approve appropriations and estimated revenue source in the amount of $785,000; and, D) Establish a separate business unit for this funding and authorize the Chief of Police to expend up to a total of $785,000 plus accrued interest on the Selective Traffic Enforcement Program (STEP) grant. City of Huntington Beach Printed on 9/11/2019Page 1 of 2 powered by Legistar™66 File #:19-905 MEETING DATE:9/16/2019 Alternative Action(s): Do not approve and direct staff accordingly. 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 redevelopment projects, some of which will add to both seasonal and yearlong traffic related issues. In 2017-18, DUI arrests increased 17% up from 803 the previous year to 941. This grant will allow us to use progressive and innovative enforcement techniques to increase our DUI enforcement efforts, and provide for more coverage with two full time officers dedicated to DUI enforcement. 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 1 st out of 58 comparable cities for juvenile involved bicyclist collisions and 2 nd overall for bicyclist involved collisions. Huntington Beach had over 1,400 victims either injure or killed in traffic incidents. 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 residents and inform them 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/Drivers License Checkpoints, two full time DUI officers, 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 modernize public safety service delivery Attachment(s): 1. Grant Agreement for OTS STEP Grant #PT20061 City of Huntington Beach Printed on 9/11/2019Page 2 of 2 powered by Legistar™67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 City of Huntington Beach File #:19-929 MEETING DATE:9/16/2019 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Dave Kiff, Interim City Manager PREPARED BY:Kellee Fritzal, Deputy Director of Economic Development Subject: Approve and authorize execution of a three-year Professional Services Contract with Keyser Marston Associates, Inc. for as-needed Economic Analysis Services; and, increase Office of Business Development Professional Services Listing Statement of Issue: The City requires economic analysis services for various development pro forma and residential projects. Staff is requesting approval of a three-year contract for Keyser Marston Associates, Inc. to perform these services on an as-needed basis. Financial Impact: FY 2019/20 budget includes appropriation to cover this year's expenditures. The total contract is not to exceed $270,000, at an estimated $90,000 annually. Appropriations will be requested in subsequent fiscal years. Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute a "Professional Services Contract Between the City of Huntington Beach and Keyser Marston Associates, Inc. for Economic Analysis Services" in an amount not to exceed $270,000 over a three-year period; and, B) Increase the Office of Business Development Professional Services Listing by $90,000. Alternative Action(s): Do not authorize the contract and direct staff accordingly. Analysis: The Office of Business Development requires a variety of economic analysis services for projects on an as-needed basis. During the term of the contract, the firm Keyser Marston Associations, Inc. could provide technical and financial analysis for such projects as: ·Sales Tax Sharing Agreements ·State Density Bonus Analysis City of Huntington Beach Printed on 9/11/2019Page 1 of 2 powered by Legistar™85 File #:19-929 MEETING DATE:9/16/2019 ·State and Federal required monitoring services for restrictive rental properties ·Annual State mandated Housing Compliance Report ·Subside Layering Analysis for HOME assisted projects and financial gap analyses for project assisted with LMIHAF or Inclusionary In-Lieu fees ·Special projects on an as needed basis On June 17, 2019, the Office of Business Development released a Request for Proposals (RFP) to solicit proposals from qualified consultants for as-needed economic analysis services. The following five firms responded to the RFP: ·Economic & Planning Systems ·Keyser Marston Associates, Inc. ·Kosmont Companies ·Rosenow Spevacek Group, Inc. (RSG) ·Tierra West Advisors, Inc. Each proposal was reviewed and scored by a panel comprised of staff from Finance, Accounting Services, and the Office of Business Development based on the criteria outlined in the RFP. Consideration in the evaluation of submittals included: successful implementation and monitoring of City financed projects of Successor Agency and Housing Authority; ability to commit key personnel; ability to meet strict deadlines; and a competitive fee schedule. The ability to best provide services, consultant experience, and meeting the three components of the RFP, were ultimately the determining factors in awarding the bid to Keyser Marston Associates, Inc. Accordingly, after evaluating the responses, Staff concluded that Keyser Marston Associates, Inc. best demonstrated the ability to provide the most comprehensive services at a competitive price. Keyser Marston Associates, Inc. will provide assistance as directed and will augment Business Development on projects that require complex financial analysis. Based on their expertise in the field, knowledge of Huntington Beach, and understanding of the City's request and competitive rates, staff recommends approval of the Professional Services Contract with Keyser Marston Associates, Inc. in the amount of $90,000 per year for a three (3) year term, for a total not to exceed $270,000 Environmental Status: Not Applicable Strategic Plan Goal: Strengthen long-term financial and economic sustainability Attachment(s): 1."Professional Services Contract Between the City of Huntington Beach and Keyser Marston Associates, Inc.” City of Huntington Beach Printed on 9/11/2019Page 2 of 2 powered by Legistar™86 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND KEYSER MARSTON ASSOCIATES, INC. FOR ECONOMIC ANALYSIS SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, .a municipal corporation of the State of California, hereinafter referred to as "CITY," and Keyser Marston Associates, Inc., a California Corporation hereinafter referred to as t!CONSULTANT.11 WHEREAS, CITY desires to engage the services of a consultant to perform economic analysis and technical assistance; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULT ANT shall provide all services as described in Exhibit tt A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the r1PROJECT.11 CONSULTANT hereby designates Kathleen H. Head who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULT ANT in the performance of this Agreement. 19-79151210836 agree/ surfuet/pmfessional svcs mayor 5/19-204082 1of12 87 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULT ANT are to commence on 5ep/cflk..b /[.r , 2o_lj_ (the ncommencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than three (3) years from the Commencement Date. The time for performance of the tasks identified in Exhibit "Au are generally to be shown in Exhibit "A.n This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULT ANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULT ANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Two Hundred Seventy Thousand Dollars ($270,000). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A it or changes in the scope of services described in Exhibit "A," CONSULT ANT will undertake such work only af!:er receiving-writt~n authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULT ANT shall be paid pursuant to the terms of Exhibit ttB, Tl 19-7915/210836 agree/ surfnet/professional svcs mayor 5/19-204082 2 of12 88 7. DISPOSITION OF PLANS. ESTIMATES AND OTHER DOCUMENTS CONSULT ANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, with the exception of CONSULTANT'S proprietary computer models, shall belong to CITY, and CONSULT ANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS A. CONSULT ANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULT ANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULT ANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULT ANT. B. To the extent that CONSULTANT performs "Design Professional Services" within the meaning of Civil Code Section 2782.8, then the following Hold Harmless provision applies in place of subsection A above: 19-7915/210836 agree/ surfnet/professional svcs mayor 5/19-204082 3of12 89 ''CONSULT ANT hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to the extent that the claims against CONSULTANT arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULT ANT. In no event shall the cost to defend charged to CONSULTANT exceed CONSULTANT's proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business) CONSULTANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8, C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULT ANT. 9. PROFESSIONAL LIABILITY .INSURANCE CONSULT ANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSUL TANT' s professional liability in an ammmt not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not cqntain a self-insured retention without the express written consent of CITY; however an insurance 19-79151210836 agree/ surfuet/professionai svcs mayor 5119-204082 4of12 90 policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULT ANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance !s tenninated for any reason, CONSULT ANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY' s election, to forthwith tenninate this Agreement. Such tennination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT . shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and l9"7915/210836 agree/ surfuet/professional svcs mayor 5/l 9-204082 5of12 91 C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULT ANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULT ANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULT ANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANTs services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall.be delivered to CONSULTANT as provided herein. In the 19-7915/210836 agree/ surfuetlprofessional svcs mayor 5119-204082 6 of12 92 event of tennination, all finished and unfinished documents, exhibits, report, and evidence shall> at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULT ANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULT ANTs agent (as designated .in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULT ANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U.S. certified mail-return receipt requested: 19"79151210836 agree/ surfnet/professfonal s-vcs mayor 5/19"204-082 7of12 93 TO CITY: City of Huntington Beach ATTN: Office of Business Development 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULTANT: Keyser Marston, Associates, Inc. A TIN: Kathleen H. Head, Vice President 500 So. Grand Avenue, Suite 1480 Los Angeles, CA 9007 I When CITY 1s consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTIONHEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agref?ment is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or 19-7915/210836 agree/ surfuet/professional svcs mayor 5/19-204082 8 of12 94 neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original, Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULT ANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULT ANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incrirred by CONSULTANT. 19-7915/210836 agree/ surfui;:t/professional svcs mayor 5/19-204082 9 of12 95 24. ATTORNEY)S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its ovvn attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORJES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the tenns of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not> in fact~ held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation~ and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this 19.:19151210836 agree/ surfuet/professional svcs mayor 5119-204082 10 of12 96 Agreement. This Agreement, and the attached exhibits~ contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVEDATE This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. IN WI1NESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. 19-7915/210836 '(igree/ surfuet/professional svcs mayor 5/19-204082 11 of 12 97 ( CONSULTANT, Keyser Marston Associates, Inc. A California Corporation print name ITS: (circle one) Chairman/Pres ide nt/ ice President / AND /?' / By:_..._; .... .c..__~_,,._~"""c.'--U __ dfr_,,,__.,....~_'-_-1... ___ _ I /1 ,, I(' < ):; ' h-< print name 11.:S:.Jcircle one) Secretary/ChiefFinancial Offic~,<s;"l . Secre tary -Treasurer 19-79 15/210836 CITY OF HUNTINGTON BEACH, a municipal co1poration of the State of California Mayor City Clerk INITIATED AND APPROVED: Deputy Director of Eco nomi c Development REVIEWED AND APPROVED: City Manager APPROVED AS TO FORM : City Attorney ,\M/' agree/ surfnct/profcs sionel svcs mayor 5119-204082 12of12 98 CONSULTANT, Keyser Marston Associates, Inc. A California Corporation print name ITS: (circle one) Chairman/President/Vice President AND By: ____________ _ prinl name ITS: (circle one) Secretary/Chief Financial Officcr/As~l. Secretary -T rl!asurcr 19-79151210836 CITY OF HUNTINGTON BEACH, a municipa l corporation of the State of California Mayor City Clerk INITIATED AND APPROVED: ~ /' v REVIEWED AND APPROVED : City Manager agree/ surfnet/profcssional svcs mayor 5119-204082 12of12 99 EXHIBIT A SCOPE OF WORK KEYSER MARSTON ASSOCIATES, INC. · Prepare analyses and reports as needed for City and Housing Authority projects. This includes reports on opportunities and accompUshments, including Housing updates. · Review developer proposals and pro forma analyses to evaluate project feasibflity and to recommend the amount and structure of public assistance, including sales tax sharing agreements. • Assist with property acquisition and disposition by providing appraisal analysis, assisting with negotiations, and providing similar real estate related services. • Prepare and review the financial components of dispositi~n and development agreements, loan agreements, grant deeds, restrictive covenants, promissory notes, deeds of trust and other instruments used in real estate transactions. • Evaluate the use of Successor Agency 1 federal HOME funds, and ·other funding sources for acquisition, rehabilitation, and new construction of multifamily and single f amity houSf ng. · Ensure th~ compatibility and efficient use of Successor Agency funds, federal funds, bond proceeds and other public fuhding sources that will be used in combination with private funding sources for development projects. · Conduct yearly financial analyses of the operating performance of existing affordable housfng developments to calculate any monies owed to the City or Housing Authority such as debt service payments on residual receipts notes. · Attend meetings With staff, City Council and Developers as requested by staff. 100 EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULT ANrtS fees for such services shall be based upon the following hourly rate and cost schedule: · See attached Exhibit B B. Travel Charges for time during travel are not reimbursable. C. Billing 1. All billing shall be done monthlv in fifteen (15) minute increments and matched to an -appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks .. Jn the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval· and the schedule of performance set forth in Exhibit n A" may at the option of CITY be suspended until the parties agree that past performance by CONSULT ANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 1 Exhibit B 101 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred :is accurate. Such approval shall not be umeasonably withheld. Any dispute between the parties. concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 2 ExhlbitB 102 EXHIBIT B FEE SCHEDULE KEYSER MARSTON ASSOCIATES, INC. KMA has extensfve experience in providing our clients with the highest level of services while working within time. and budgetary constraints. The ff rm efficiently allocates personnel time and staffing levels based on th~ nature of the projects assigned to KMA. Billing rates for each of the .KMA job classifications are provided below. These rates shall remain firm for a pertod of 180 days from the date of submission of this proposal. If KMA is selected and placed on the pre-qualified llst, these rates wm remajn valf d for three years. Managing Principal* $280.00 Senior Principal* $270,00 Principals* $250.00 Managers* $225 .. 00 Senior Associates ·$187.50 Associates $167.50 Senior Analysts $150.00 Analysts $130.00 Technical Staff $95.00 Administrative Staff $80.00 Directly related job expenses not included in the above rates are: auto mileage1 parking, air fares, hotels and motels, meals, car rentals, taxies, telephone calls, delivery, electronic data processing, graphics and printing. Monthly billings for staff time and expenses incurred during the period will be payable within thirty (30) ·days of invoice date. * Rates for individuals in these categories will be increased by 50% for time spent in ·court testimony. 103 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND KEYSER MARSTON ASSOCIATES, INC. FOR ECONOMIC ANALYSIS SERVICES Table of Contents 1 Scope of Services ..................................................................................................... 1 2 City Staff Assistance ............................................................................ ~ ................... 2 3 Term; Time of Perfonnance ..................................................................................... 2 4 Compensation .......................................................................................................... 2 5 Extra Work ............................................................................................................... 2 6 Method of Payment .................................................................................................. 3 7 Disposition of Plans, Estimates and Other Documents ........................................... 3 8 Hold Harmless ......................................................................................................... 3 9 Professional Liability Insurance ............................................................................. 4 10 Certificate of Insurance ............................................................................................ 5 11 Independent Contractor ............................................................................................ 6 12 Termination of Agreement ........................................................................... ; ........... 6 13 Assignment and Delegation ....................................................................................... 6 14 Copyrigh.ts/Patents ................................................................................................... 7 15 City Employees and Officials .................................................................................. 7 16 Notices ......................................................................................... 7 17 Consent .................................................................................................................... 8 18 Modification ............................................................................................................. 8 19 Section Headings ..................................................................................................... 8 20 Interpretation ofiliis Agreement .............................................................................. 8 21 Duplicate Original .................................................................................................... 9 22 Immigration ............................................................................................................... 9 23 Legal Services Subcontracting Prohibited ................................................................ 9 24 Attorney's Fees .......................................................................................................... 10 25 Survival ..................................................................................................................... 10 . 26 Governing Law ; ........................................................................................................ 10 27 Sign.atories ................................................................ : ................................................ 10 28 Entirety ...................................................................................................................... 10 29 Effective Date ................................................................ : ................ 11 104 INSURANCE AND INDEMNIFICATION WAIVER MODIFICATION REQUEST 1. Requested by: Kellee Fritzal 2. Date: 8/25/2019 3. Name of contractor/permittee: Keyser Marson 4. Description of work to be performed: Economic Analysis and Technical Assistance 5. Value and length of contract: $270 .000. 3 years 6. Waiver/modification request: waiver 7. Reason for request and why it should be granted : Vendor is requesting approval of $25.000 self-insured retention carried on its insurance. 8. Identify the risks to the City in approving this waiver/modification: tJ O ~~ \::.. 2. a-fu I ' \ Date : APPROVALS Approvals must be obtained in the order listed on this form . Two approvals are required for a request to be granted . Approval from the City Administr tor's Office is only required if Risk Management and the City Attorney's ce disagree. 9/2R (J q Date 3. City Manager's Office D Approved D Signature Date If approved, the completed waiver/modification request is to be submitted to the City Attorney 's Office along with the contract for approval. Once the contract has been approved , this form is to be filed with the Risk Management Division of Human Resources 8/26/2019 8:40 :00 AM 105 ACORD• CERTIFICATE OF LIABILITY INSURANCE I DA Te (lolJl!JOOIVYYY) ~ 11/2B/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR Al TER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder 11 1n ADDITIONAL INSURED, the pollcy(le1) must be endorsed. If SUBROGATION IS WAIVED, 1ubJICt to the terms 1nd conditions of th• policy, certlln polk:lff m1y requh .. 1n endorsement. A 1t1tement on this certlf1C1te does not confer rlghtl to the certlfle1te holder In lieu ofluch endoraement(a). PROOUCl!R iiA'Mifv Halide• Calbj .. HOC Inaurance Sel:Vicee ~:..-~ .. (415)5157-0600 I I~, Nor. (UI) U 7·0$?7 Li.cenee No. 058515160 A~ss ,hc.llejaaamocina .com 101 Montgo-ry st., Suite 800 INIUll!R.ISI A,,ORDING COWRAGe NAIC # San Francieco CA 514104 WSURl!RA :Maaaachueett• Bav Ine. Co. 22306 INSURED INSUAal e : Allmerica l'inancial Benefit Co . 41840 iteyaer ~•ton A111ocia~1, Inc. INSUR!R c : Hanover rneurance Conmanv 222512 125151 4th Sreet S\lite 408 INSUIWlD : INSUA!RE : San b!ael CA 5145101 INSUR!R F : COVERAGES CERTIFICATE NUMBER:201B-20151 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HA VE BE.EN ISSUEO TO THE INSURED NAMED ABOVE FOR THE POLI CY PERIOD INDICATEO . NOTWITHSTANDING Am REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE PO LICIES DESCRIBED HERE IN IS SUBJECT TO ALL THE TERMS , EXCLUSIONS ANO CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED SY PAID CLAIMS. 'r:.t' 'M'I! OF INSURANC8 '-·--, ___ ""''CVNLIMlll!ll ~•err .~~ LIMITS x COMM!RCIAL Ol!NEJW. LIA8Ll1Y EACH OCCURRENCE $ 1 ,000 ,000 -D Cl.AIMS.MAD! w OCCUR ~~IJ"'~t~, A $ 500 ,000 -x IDrM910004 12/1/2011 12/1/20U M!D ElCP INri OM pel'IOll) s 10 ,000 - I-- No Ded11otil>l• AA>li .. PERSONAL & lll:N I~ s 1 ,000 ,000 RN'\. AGGREG.tl TE LIMIT APPLIES PER: GeNl!RAL AGGR EGATE s 2,000,000 POLICY 0 ~s o LOC PROOUCTS ·COMP/OP AGO $ Included OTHER: s AUTOMOlllU! LIABILITY ~-~~~w ~n•u~ wmo s 1,000,000 f !I --i nn -x Atorf AUTO BODILY INJURY (Per penon) s B -ALL OWNED -SCHEDULED AUTOS AUTOS x »llMtOOO 12/1/2011 12/1/2019 llODU. Y INJIJRY (Pt< llCXldt<14) S --NONCMIEO x HIRED AUTOS x AUTOS l~~r-~ s I--I--x CompUOO x CotUOO ~---' 1 ,000,000 x UMBIW.l.A UAB ~:~ EACH OCCURRl!NCE s 4 .000 000 ......_ c EXC!SSUAll AGGRl!GATE s 4.000,000 DEO I x I Rl'Tl'"1Tl()N • 0 x OllJ'M9111104 12/1/2018 12/1 /2019 s WORKERS COMP!HIATIOH I ~Ari "" I I rA ..... AND !MPlOYERS' l.IAlllUTY E ANY PROPR1ETORIPAATNERIEXECVTIVI! e.L l!ACH ACCIDENT s Ol'r 1CERIMEM8ER !XCl.UDEO? NI A (Mancllllory In NH) E.L DISl!ASI! ·EA l!MPLOYl!E S If m dttcl1be under D SCRIPTION OF OPERATIONS below E.L DIS EASE · POUCV UMlt s c trot•••ioD&1 Lial:lilitr LHD42'16501 12/1/2011 12/1/201' '"""YmlngM NI. $1 ,000 ,000 Retention f25,000 '-9~ Data 1 11/11/1971 AWoO'I• Urnl U ,000 ,000 DESCRIPTION OF OPEllA TIONS I LOCATIONS I YEHICL!S fACORD 101, AddHIOfllf RMllll<a ScMdu .. , ""Y be albched It m°"' •P-Is requl...t) ... City o< ·~"""ton >each, ito o<<icoro , oiootod o<<icia:lo, ..,.,.,,...,, ..... , ... ~~ IUUll40d •• Additional rn1u~ed a• their inter111t1 may appear •• re1pect1 General Lillbili • ta d endora em.ente . 30 Day notice of cancellation/ 10 day !or non-payment of premi.Ulll . ev: ~11'5 ~NE'< Ctl err< A NGTON BEA: err< Of 1-iU CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOV E DESCRIBED POLICIES BE CANCELLED BEFORE City of Huntington Bea oh THE EXPIRATION DA Te THEREOF, NOTICE WILL BE DELIVERED IN Attn : Ri•k Manager ACCORDANCE WITM TH E POLICY PROV ISIONS. 2000 Main Street Huntington Beach, CA 92648 AUTHORIZED REPRl!ll!NTATIV! I Halide e Callejas/HCA #.f.-J,. C.11j..J CC> 1988·2014 ACORD CORPORATION. All rights reserved . ACORD 25 (2014/01) INS025 (201 •01 1 The ACORD name and logo are registered marks of ACORD 106 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 POLICY NUMBER: ZDFA49104904 Effective Date: 12/01/2018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) or OraanizationCs): LocationCs) of Covered Ooerations The City of Huntington Beach, its officers, elected officials, employees, agents and volunteers It is understood and agreed that this insurance is primary and any other insurance maintained by the Additional Insured shall be excess only and not contributing with this insurance in regards to all operations as pertains to the named insured. Information reauired to comolete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an .additional insured the person(s) or organization(s} shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional. insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished' in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s} at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a princi- pal as a part of the same project CG 2010 07 04 © ISO Properties, Inc., 2004 Page 1of1 o 107 Keyser Marston Associates, Inc Policy No: AWFA490049 COMMERCIAL AUTO CAOO 010306 BUSINESS AUTO COVERAGE FORM Various prov1s1ons in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. SECTION I -COVERED AUTOS Item Two of the Declarations shows the 11autos" that are covered "autos" for each of your coverages. The following numerical symbols describe the "autos" that may be covered "autos". The symbols entered next to a coverage on the Declarations designate the only "autos" that are covered "autos". Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and "our' refer to the Company pro- viding this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V - Definitions. A. Description Of Covered Auto Designation Symbols Svmbol Description Of Covered Auto Designation Svmbols 1 Any"Auto" 2 Owned "Autos" Only those "autos" you own (and for Liability Coverage any ''trailers" you don't own Only while attached to power units you own). This includes those "autos" you acquire ownership of after the policv beains. 3 Owned Private Only the private passenger 11autos11 you own. This includes those private passenger Passenger "autos" you acquire ownership of after the policy begins. "Autos" Onlv 4 Owned "Autos" Only those "autos" you own that are not of the private passenger type (and for Li- Other Than Pri-ability Coverage any 't.trailers" you don't own while attached to power units you vate Passenger own). This includes those 11autos" not of the private passenger type you acquire "Autos" Onlv ownership of after the policy begins. 5 Owned 11Autos 11 Only those "autos" you own that are required to have No-Fault benefits in the state Subject To No-where they are licensed or principally garaged. This includes those "autos" you ac- Fault quire ownership of after the policy begins provided they are required to have No- Fault benefits in the state where they are licensed or orincioallv aaraged. 6 Owned "Autos" Only those "autos" you own that because of the law in the state where they are Ii- Subject To A censed or principally garaged are required to have and cannot reject Uninsured Compulsory Un-Motorists Coverage. This includes those "autos" you acquire ownership of after the insured Motor-policy begins provided they are subject to the same state uninsured motorists re- ists Law Quirement. 7 Specifically De-Only those "autos" described in Item Three of the Declarations for which a pre- scribed "Autos" mium charge is shown (and for Liability Coverage any 11trailers" you don't own while attached to any power unit described'in Item Three). 8 Hired "Autos" Only those 11autos" you lease, hire, rent or borrow. This does not include any "auto" Only you' lease, hire, rent, or: borrow from any of your 11employees11 , partners (if you are a partnership), members (if you are a limited liability company) or members of their households. 9 Non owned Only those "autos" you do not own, lease, hire, rent or borrow that are used in con- "Autos" Only nection with your business. This includes "autos" owned by your "employees", part- ners (if you are a partnership), members (if you are a limited liability company), or members of their households but only while used in your business or your personal affairs. CAOO 0103 06 ©ISO Properties, Inc., 2005 Page 1of12 IJ 108 19 Mobile Equip- ment Subject To Compulsory Or Financial Re- sponsibility Or Other Motor Ve- hicle Insurance Law Only Only those "autos" that are land vehicles and that would qualify under the definition of "mobile equipment" under this policy if they were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where they are li- censed or principally garaged. B. Owned Autos You Acquire After The Policy Begins 1. If Symbols 1, 2, 3, 4, 5, 6 or 19 are entered next to a coverage in Item Two of the Declara- tions, then you have coverage for "autos11 that you acquire of the type described for the re- mainder of the policy period. 2. But 1 if Symbol 7 is entered next to a coverage in Item Two of the Declarations, an 11auto" you acquire will be a covered 11auto 11 for that cover- ~e oo~~ . a. We already cover all "autos" that you own for that coverage or it replaces an 11auto1 ' you. previously owned that had that cover- age; and b. You tell us within 30 days after you acquire it that you want us to cover it for that cover- age. C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos If Liability Coverage is provided by this Coverage Form, the following types of vehicles are also cov- ered "autos" for Liability Coverage: 1. '1"railers 11 with a load capacity of 2,000 pounds or less designed primarily for travel on public roads. 2. "Mobile .. equipment" while being carried or towed by a covered "auto". 3. Any "auto" you do· not own while used with the permission of its owner as a temporary substi- tute for a covered "auto" you own that is out of service because of its: · a. Breakdown; b. Repair; c. Servicing; d. "Loss"; or e .. Destruction. SECTION II -LIABILITY COVERAGE A. Coverage We will pay all sums an "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of a covered "auto". We will also pay all sums an "insured" legally must pay as a "covered pollution cost or expense" to which this insurance applies, caused by an 11acci- dent" and resulting from the ownership, mainte- nance or use of covered 11autos". However, we will only pay for the "covered pollution cost or ex- pense" if there is either "bodily injury" or 11 property damage" to which this insurance applies that is caused by the same "accident". We have the right and duty to defend any "insured" against a "suif' asking for such damages or a "covered pollution cost or expense". However, we have no duty to defend any "insured" against a "suit" seeking damages for '1bodily injury'' or "prop- erty damage" or a "covered pollution cost or ex- pense" to which this insurance does not apply. We may investigate and settle any claim or "suit" as we consider appropriate. Our duty to defend or settle ends when the LiabilityGoverage Umit of Insur- ance has been exhausted by payment of judg- ments or settlements. 1. Who Is An Insured The following are "insureds": a. You for any covered "auto". b. Anyone else while using with your permis- sion a covered 11 auto" you own, hire or bor- row except: (1) The owner or anyone else from whom you hire or borrow a covered "auto11 • This exception does not apply if the covered "auto" is a "trailer'' connected to a cov- ered nauto" you own. Page 2of12 ©ISO Properties 1 Inc., 2005 CAOO 0103 06 .. ~ ....... ·.· ..... ··. . 1: Cl 109 (2) Your 11employee" if the covered "auto" is owned by that "employee" or a member of his or her household. (3) Someone using a covered "auto"· while he· or she is working in a qusiness of selling, servicing, repairing, parking or storing "autos" unless that bu,siness is yours. (4) Anyone other than your "employees", partners (if you are a partnership), members, (if you are a limited liability company), or a lessee or borrower or any of their "employees", while moving property to or from a covered "auto". '(5) A partner (if you are a partnership), or a member (if you are a limited liability company) for a covered "auto" owned by him or her or a member of his or her household. c. Anyone liable for the conduct of an 11in- $Ured" described above but only to the ex- tent of that liability. 2. Coverage Extensions a. Supplementary Payments We will pay for the "insured": (1) All expenses we incur. (2) Up to $2,000 for cost of bail bonds (il"!- cluding bonds for related traffic law vio- lations) requir.ed because of an "acci- dent'' we cover. We do not have to fur- nish these bonds. (3) The cost of bonds to release attach- ments in any "suit" against the "insured" we defend, but only for bond amounts within our Limit of Insurance. (4) All reasonable expenses incurred by the ' 1insured" at our request, including actual loss of earnings up to $250 a day be- cause of time off from work. (5) All costs taxed against the "insured" in any "suit" against the "insured" we de- fend. · (6) All interest on the full amount of any judgment that accrues after entry of the judgment in any "suit" against the "in- sured" we defend, but our duty to pay in- terest ends when we have paid, offered to pay or deposited in court the part of the judgment that is within our Limit of Insurance. These payments will not reduce the Limit of Insurance. b. Out-Of-State Coverage Extensions While a covered "auto" is away from the state where it is licensed we will: (1) Increase the Limit of Insurance for Li~ ability Coverage to meet the limits specr- fied by a compulsory or financial re- sponsibility law of the jurisdiction where the covered "auto" is being used. This extension does not apply to the limit or limits .specified by any law governing m\'.)tor carriers of passengers or prop- erty. (2) Provide the minimum amounts and types of other. coverages, such as no- fault, required of out-of-state vehicles by the jurisdiction where the covered "auto" is being used. We will not pay anyone more than once for the same elements of loss because of these extensions. B. Exclusions This insurance does not apply to any of the follow- ing: 1. Expected Or Intended Injury "Bodily injury" or 11property damage" expected or intended from the standpoint of the "in- sured". 2. Contractual Liability assumed under any contract or agree- ment. But this exclusion does not apply to liability for damages: a •. Assumed in a contract or agreement that is an "insured contract" provided the "bodily in- jury'' or nproperty damage" occurs subse- quent to the execution of the contract or agreement; or . b. That the "insured" would have in the ab- sence of the contract or agreement. 3. Workers' Compensation Any obligation for which the "insured" or the "insured's" insurer may be held liable under any workers' compensation, disability benefits or unemployment compensation law or any similar law. 4. Employee Indemnification And Employer's Liabilify "Bodily injury" to: a. An "employee11 of the "insured" arising out of and in the course of: (1) Employment by the "insured"; or CA00010306 © ISO Properties, Inc., 2005 'Page 3of12 D 110 ~ CERTIFICATE OF LIABILITY INSURANCE I DATl! (MMIODIYYYY) 06/24/19 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED , subject to the terms and conditions of the policy, certain pollcles may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Aon R l5k Services. I nc of Florida Aon Risk StMces. Inc OI F10t1da NAME : 1001 Bf1ckoll Bay Oliva, Suite #11 00 w~NJo Extl: 800-743-8130 I 1-Zc Nol: eoo-522-1s14 Miami, FL 33131 -493 7 CM .. IL ADP.COl.Cente rallAon.com ADDRESS : INSURER(SI AFFORDING COVERAGE NAIC# INSURER A : AmeMean Home Asaurance Co. 19380 INSURED INSURERS : ADP To1alSource DE IV, Inc 10200 Sunttt Dr1vt INSURERC: Miami, FL 33173 i..JCIF INSURERD : Koyser Marston Asaociatea , Inc INSURERE ; 1299 Fourth Street, Sui te 408 San Rafael , CA 94901 INSURERF : COVERAGES CERTIFICATE NUMBER· 2459470 REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLI CIES OF INSURANCE LISTED BELOW HAVE BE EN I SSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PER IOD INDICATED. NOlWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF A~Y CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TH I S CERTI F ICATE MAY BE ISSU ED OR MAY PER TAIN, THE INSURANCE AFFORDED BY THE POLICIES DE SCR IBED HEREIN IS SUBJECT TO ALL THE TE RM S, EXCLUSIONS ANO CONDITIONS OF SUCH POLICIES . LIMITS SHOWN MAY HAVE BEEN REDUCED BY PA ID CLAIMS. LIMITS SHOWN ARl A" Rf" IU!'STEO INS~ TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR WVD fl'llM/DDIYYYY\ fM M/DDIYYYYl COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE s """"" D CLAI MS-M ADE D OCCUR DAMAGE TO RENTED -PREMISES IEa occomtnc.I $ MED EXP IAnv one DtnOn) $ PERSONAL & ArN INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER : GE NERAL AGGREGATE s R POLICY D PROJECT D LOC PRODUCTS -COMP/OP AGG s OTHER $ AU TOMOBILE LIABILITY -lE~~~ks~trl NC>LE LIMI T s ANY AUTO BODILY INJURY fPer oerwonl s ,...._ OWNED -SCHEDULED .__ AUTOS ONLY -AUTOS BODI LY INJURY !Peracddentl s HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY IPtr lccldontl s ,...._ """"" $ UMBRELLA LIAS OCCUR EACH OCCU RRENCE s --EXCESS LIAB CLAI MS·MADE AGGREGATE $ DEC I I RETENTION s WORKERS COMPENSATION I PER I IOTH· A AND EMPLOYERS' LIAB ILITY Y/N INC 080375758 CA 07/01/19 07/01/20 X STATUTE ER ANY PROPRIETORIPARTNER/£XECUTIVE D E.L. EACH ACCIDENT s 2,000,000 OFFICERIMEM6ER EXCLUDED? N/A (Mand•IOl'Y In NH) E.L. DISEASE ·EA EMPLOYEE s 2,000,000 llYff,dttcrl>•""'* DESCRIP TION OF OPERATIONS below E.L. DISEASE · POLICY LIMIT $ 2,000,000 DESCRIPTION OF OPERATION S I LOCATIONS I VEHICLES (ACORD 101, Addltlon1I Rtmal'l<s Schodulo, may be attached If more apace la requlrtd) All workalte employee s worl<lng for KEYSER MARSTON ASSOCIATES . INC., p1i d under ADP TOTALSOURCE. INC'a payroll, are covertd under lht lbovo 118tod policy . CERTIFICATE HOLDER CANCELLATION City Of Huntington Beach SHOULD ANY OF THE ABOVE DESCRIBED POL ICI ES BE CANCELLED BEFORE Attn" Risk Manager THE EXPIRATION DATE THEREOF, NOTICE WI LL BE DELIVERED I N 2000 Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beaeh. CA 92648 AU THORIZED REPRESENTATIVE of on. rfi.Jl>I< 8e"l.vice.!J;, Q11c of qlolf.ula. © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and l ogo are registered marks of ACORD 111 l\EAL lisTATE AFFOROAILE HOu:ilN(; ECONOMIC 0CVll.G,'4EllT ll l lllt\t l l A. IERRY KEYSER 'l'IMOTHYC K~LLY OIDDll M. KIRN 0AV1D 0 0E26MA A D V I SO R ~ I N PlJ BLIC/P ll.IVAT E REAL ESTATE OEVELOPMlNT August 21 , 2019 Risk Management City of Hunt ington Beach 2000 Main Street Hunt ington Beach, CA 92648 Kcv1• Fm•1r1 Re : Request for Approva l of Self-Insured Retention on Professional Liability Insurance tuTHL££" H. HEAD Gentlemen: CiUGORY 0 . SOO•HOO Kr:vrN 6. ENC5'TROM (Ul.IEI.. RoMrt Tl hl BRm Keyser Marston Associates , Inc. is entering into a th ree-year contract with the City of Huntington Beach for economic analysis and technical assistance. Services will be provided on an as-needed basis related to various City and former Agency projects. The maximum c ontract amount is $270.000 . In accordance with the Professional Liability Insurance provisions contained in t he contract, Keyser Marston is requesting written approval of the $25 ,000 self-insured retention we carry on th is insurance. Please let me k now If you requ ire any additional information i n orde r to approve our request which has been granted to Keys er Marston over the past many years . Sincere ly, K EYSER MARSTON ASSOCIATES, INC. Dian e M . Chambers Business Manager cc: Kathleen H. Head, Managing Principal KMA Los Angeles Office 1299 FOllRT fl' STREF.T. SlllTF. 408 SAN RAFAE L, CALI FORNI A 949 01 PH ON E: 4 15 39 8 3050 FAX: 415 397 5065 WWW.KEYSERMt\RSTON .COM 112 PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: Economic Analysis and Technical Assistance SERVICE DESCRIPTION: Consulting Services for advice and financial analysis in the following three areas: economic analysis, successor agency and housing, including CDBG and HOME programs, SCAG requirements and in lieu housing programs VENDOR: Keyser Marston Associates OVERALL RANKING: 1 SUBJECT MATTER EXPERTS/RATERS: 1. Project Manager; 2. Senior Accountant; 3. Housing Analyst I. MINIMUM QUALIFICATIONS REVIEW IL • Written Proposal Score: Total Weighted Maximum Criteria Score Score Methodology 14.5 290 Staffing 15 375 Qualifications 15 375 Clarity 14 70 Cost 9 135 References and Background 5 150 Total DUE DILIGENCE REVIEW • Interview Ranking: No interviews were conducted. • Vendor has vast experience in providing economic analysis and technical assistance to local municipalities, including Huntington Beach. Familiarit with ma·or ro'ects and cit rotocols. • Contract is on an as-needed basis, charging hourly rates dependent on level of expertise and task erformed. Ran es from $80 -$280 er hour. 113 PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: Economic Analysis and Technical Assistance SERVICE DESCRIPTION: Consulting Services for advice and financial analysis in the following three areas: economic analysis, successor agency and housing, including CDBG and HOME programs, SCAG requirements and in lieu housing programs VENDOR: RSG OVERALL RANKING: 2 SUBJECT MATTER EXPERTS/RATERS: 1. Project Manager; 2. Senior Accountant; 3. Housing Analyst I. MINIMUM QUALIFICATIONS REVIEW II. • Written Proposal Score: Total Weighted Maximum Criteria Score Score Methodology 10 150 Staffing 14 350 Qualifications 14 350 Clarity 70 70 Cost 10 150 References and Background 13 130 Total DUE DILIGENCE REVIEW • Interview Ranking: No interviews were conducted. • Vendor has good experience in providing economic analysis and technical assistance to local munici alities. References were ood. • Contract is on an as-needed basis, charging hourly rates dependent on level of expertise and task erformed. Ran es from $60 -$275. 114 PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: Economic Analysis and Technical Assistance SERVICE DESCRIPTION: Consulting Services for advice and financial analysis in the following three areas: economic analysis, successor agency and housing, including CDBG and HOME programs, SCAG requirements and in lieu housing programs VENDOR: Tierra West OVERALL RANKING: 3 SUBJECT MATTER EXPERTS/RATERS: 1. Project Manager; 2. Senior Accountant; 3. Housing Analyst I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: Criteria Methodology Staffing Qualifications Clarity Total Weighted Score Cost References and Background Total II. DUE DILIGENCE REVIEW • No interviews were conducted. • Vendor has good experience in providing economic analysis and technical assistance to local munici alities. References were ood. o Contract is on an as-needed basis, charging hourly rates dependent on level of expertise and task erformed. Ran es from $60 -$185. 12 13 13.5 13 14.5 11 Maximum Score 240 325 337.5 65 217.5 110 115 City of Huntington Beach File #:19-955 MEETING DATE:9/16/2019 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Dave Kiff, Interim City Manager PREPARED BY:Chuck Adams, Interim Chief Financial Officer Subject: Approve Fiscal Year 2018/19 Year-End Budget Adjustment and Inter-Fund Transfers Statement of Issue: The Finance Department is currently undergoing the year-end closing process for Fiscal Year 2018/19. Certain technical adjustments and fund transfers are needed to reconcile the budget with actual expenditures incurred, and to comply with auditing, actuarial, accounting or legal requirements. City Council authorization is requested to perform these reconciliations in order to properly close Fiscal Year (FY) 2018/19. There are sufficient revenues, available cash, and/or fund balances to support these adjustments. Financial Impact: Authorization is requested for appropriation and inter-fund transfers from the General Fund (Fund 100) FY 2018/2019 budgetary savings to: A) an additional transfer up to $1.0 million into the Section 115 Trust (Fund 716) to help pay down unfunded liabilities; B) $2.0 million to the Infrastructure Fund (314) to ensure compliance with the City Infrastructure Charter requirement; C) transfer $250,000 towards future park improvements to the Infrastructure Fund; and D) $1.58 million in transfers and authorization to execute any future necessary action related to the City Manager’s Employment Agreement (per Resolution 2019-55), specifically in regards to the non-forgivable home loan and any rental payments. Recommended Action: A) Approve the appropriation and transfer up to $1.0 million into the Section 115 Trust from one-time FY 2018/19 year-end savings and revenues to reduce the City’s unfunded pension liabilities as reflected in Attachment 1; and, B) Approve appropriation and transfer of $2.0 million to the Fiscal Year 2018/19 Revised Budget in the Infrastructure Fund (314) and an additional $250,000 for park improvements as contained in Attachment 1; and, C) Approve authorization to execute any necessary action to comply with Resolution 2019-55 (City City of Huntington Beach Printed on 9/11/2019Page 1 of 3 powered by Legistar™116 File #:19-955 MEETING DATE:9/16/2019 Manager Employment Agreement) including the inter-fund transfer of $1.58 million from FY 2018/19 General Fund budgetary; transfer request is reflected in Attachment 1; and, D) Authorize appropriation and inter-fund transfers in non-General Fund accounts for expenditures totaling $104,317 as contained in Attachment 1. Alternative Action(s): Do not approve the recommended action and direct staff accordingly. Analysis: At this time, the Finance Department estimates additional budgetary savings as of the close of FY 2018/19, which ended on June 30, 2019. These savings may be adjusted further as additional contracts close, but we are comfortable accounting for transfers and appropriating it as described by this Agenda Item. These year-end budget adjustments to the FY 2018/19 Revised Budget will align appropriations in certain funds with actual expenditures incurred through June 30, 2019, as actual expenses cannot exceed the appropriation amounts contained in the Revised Budget. Adjustments are also required to ensure compliance with GAAP, GASB, and other regulatory, contractual or legal requirements. Please note any appropriation increases are fully offset by commensurate amounts of revenues, available cash, or fund balances in each Fund. Staff recommendation to appropriate and transfer as follows: Up to $1.0 million into the City’s Section 115 Trust. The City created a tax-exempt, Internal Revenue Code Section 115 Trust as authorized by the City Council on December 21, 2015, to help address the City’s unfunded pension liabilities. To further this goal, on May 2, 2016, the City Council authorized the Public Agency Retirement Services Company (PARS) to administer the Trust’s assets and ensure the tax-exempt status for the Trust. City Council authorization is requested to appropriate, transfer and deposit $1.0 million in one-time FY 2018/19 year-end budgetary savings into the Section 115 Trust to help mitigate unfunded pension liabilities. With accrued interest earnings, the balance was estimated at $7.0 million as of June 30, 2019. Adding $1.0 million to it results in a balance of $8.0 million (this includes the prior $1.0 million transfer approved by the City Council). This action is consistent with the Financial Policies adopted by the City Council and with the City Council’s Strategic Planning Goal to Strengthen Economic and Financial Sustainability. $2.0 million directly to the Infrastructure Fund (Fund 314). City Council authorization is requested to transfer from available General Fund year-end savings to the Infrastructure Fund to ensure compliance with the City’s Charter Article VI, Section 617 (b) that requires the City to expend for infrastructure improvements and maintenance at “15% of general fund revenues based on a five-year rolling average”. $0.25 million transfer into the Infrastructure Fund (Fund 314). At the February 7, 2019 Strategic Planning Retreat, the City Council reinforced the goal to “enhance and maintain the infrastructure” by prioritizing park improvements utilizing the Parks Master Plan. This additional money would allow for City of Huntington Beach Printed on 9/11/2019Page 2 of 3 powered by Legistar™117 File #:19-955 MEETING DATE:9/16/2019 prioritizing park improvements utilizing the Parks Master Plan. This additional money would allow for further park improvements. $1.58 million from to the City’s General Fund (Fund 100). City Council authorization is requested to appropriate and transfer from FY 2018/19 year-end available balances to comply with Resolution 2019-55 (City Manager employment agreement, specifically the non-forgivable home loan and some rental assistance). Other Grants and Funds: $5,118 appropriation increase in the Senior Mobility Program (Fund 963) is requested to true-up the budget for actual costs incurred for actual senior transportation expenses incurred during the fiscal year. $73,159 in transfer appropriation authority from the West Orange County Water Board to the Water Fund (Fund 506) for $71,518 and the Measure M Fund (Fund 213) for $1,641 for prior year salary expenditures that were inadvertently posted to other funds. $26,040 in transfer appropriation authority from Housing Residual Receipts (Fund 233) to the LMIHAF (Fund 352) to reconcile funds related to home repayments in prior fiscal years. Environmental Status: Not applicable. Strategic Plan Goal: Strengthen long-term financial and economic sustainability Attachment(s): 1. Fiscal Year 2018-19 Appropriation Adjustment and Inter-Fund Transfers City of Huntington Beach Printed on 9/11/2019Page 3 of 3 powered by Legistar™118 ATTACHMENT 1 Fiscal Year 2018/19 Year-End Budget Adjustments by Fund APPROPRIATION INCREASE: Dept Fund Fund Name Amount Comm Svcs 963 Senior Mobility Program 5,118 Subtotal 5,118 APPROPRIATION AND TRANSFER INCREASE: Dept From Name Amount To Fund Name Non-Dept 100 General Fund 1,000,000 716 Section 115 Trust Non-Dept 100 General Fund 2,000,000 314 Infrastructure Non-Dept 100 General Fund 250,000 314 Infrastructure Non-Dept 100 General Fund 1,581,000 Loan TBD Subtotal - General Fund 4,831,000 Public Works 508 West OC Water Board 71,518 506 Water Public Works 508 West OC Water Board 1,641 213 Measure M OBD 233 Housing Residual Receipts 26,040 352 LMIHAF Subtotal - Other Funds 99,199 TOTAL 4,930,199 119 City of Huntington Beach File #:19-940 MEETING DATE:9/16/2019 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Dave Kiff, Interim City Manager PREPARED BY:Kellee Fritzal, Deputy Director of Economic Development Subject: Public Hearing to consider adoption of Resolution 2019-69 approving an Annual Assessment within the Huntington Beach Downtown Business Improvement District (DTBID) for Fiscal Year 2019-2020; and authorize appropriation of funds Statement of Issue: On August 19, 2019, the City Council adopted Resolution 2019-54, declaring its intention to levy an assessment for the Huntington Beach Downtown Business Improvement District (DTBID) and authorize the City Clerk to schedule a public hearing for September 16, 2019. The City Council is requested to conduct a public hearing and consider adopting Resolution 2019-69 to approve the annual assessment for 2019-2020. The modifications would increase the assessment for businesses within Zone 1 and some businesses in Zone 2 by up to 17%. Financial Impact: The 2019-2020 Huntington Beach Downtown Business Improvement District Budget includes revenues and expenses of $708,000. The City’s FY 2019/20 Adopted Budget (Fund 710), revenues and expenditures, total $91,000. The assessment modification yields an additional $29,000 that is derived from DTBID Member Assessments for a total amount of $120,000. Recommended Action: A) Conduct the Public Hearing; and, B) If protests of 50% are not received, adopt Resolution No. 2019-69, “A Resolution of the City Council of Huntington Beach Approving an Annual Assessment Within the Huntington Beach Downtown Business Improvement District for Fiscal Year 2019-2020” and, C) Appropriate an additional $29,000 for a total of $120,000 into Fund 710 for FY 2019-20. Alternative Action(s): Modify elements of the Annual Report, such as the proposed assessments, activities and/or improvements to be funded, district boundaries, categories of assessments, or benefit zones and amend the Resolution for adoption or denial. City of Huntington Beach Printed on 9/11/2019Page 1 of 6 powered by Legistar™120 File #:19-940 MEETING DATE:9/16/2019 Analysis: BACKGROUND On September 7, 2004, the City Council adopted Resolution No. 3661, establishing the Huntington Beach Downtown Business Improvement District (DTBID) to fund promotional activities benefiting all businesses within the district area. In addition, pursuant to State law, the City Council appointed an Advisory Board for the District. The purpose of the BID Advisory Board is to make recommendations to the City Council regarding the expenditures of revenues derived from the assessments, on the classifications from businesses, and on the method of levying the assessments. The Advisory Board’s recommendations are then considered by the City Council at a noticed public meeting and approved or modified as determined by the City Council. In February 2008, the City Council adopted Ordinance No. 3797, which amended Ordinance No. 3661, to change the manner in which the District’s Advisory Board was selected. Following adoption of Ordinance No. 3797, the City Council adopted Resolution No. 2008-04, which appointed a nonprofit corporation known as the Huntington Beach Downtown Business Improvement District (the “Non-profit Corporation”) to act as the Advisory Board for the District. On August 16, 2010, the City Council adopted Resolution No. 2010-60, which reaffirmed the designation of the Non-Profit Corporation as the Advisory board. The Non-Profit Corporation has continued to act as the Advisory Board to the District since the adoption of the Resolution. On August 19, 2019, the City Council adopted Resolution No. 2019-54, affirming its intent to approve the proposed assessments for 2019-2020 and setting the public hearing for September 16, 2019. Copies of the Resolution of Intention and Annual Report were mailed to each current business owner within the boundaries of the DTBID. A Notice of Public Hearing and copy of the Resolution was published in the Huntington Beach Wave on August 29, 2019. Prior to the City Council approval of the Annual Report and Proposed Budget, the City sent a letter dated August 28, 2019, to all members of the DTBID concerning the process to levy the assessment this year. Included with the letters was the Annual Report containing the DTBID District Boundary and Benefit Zones, the proposed formula/method and basis for levying the assessment including the current and proposed assessment, as well as a general description of the activities or improvements the proposed assessment will fund. In addition, the letter informed of the public meeting where the City Council will provide an opportunity for public testimony regarding the annual assessment. The meeting was conducted on September 3, 2019, which was open to the public. As required by State law, a protest hearing must be held to provide the opportunity for an affected business to voice their protests or submit protests in writing. If such protests should be received during the hearing, the City Council will tally the percentage of assessment protests and will hear additional public comment on the renewal of the DTBID. If the protests total less than 50% of the amount to be collected, the City Council may approve the renewal of the DTBID. The City Council also has the option of reducing assessments or modifying the boundary area if public comments prompt adjustments. If protests are received from affected business owners totaling 50% or more of assessments, no further proceedings to continue the DTBID can be considered for a period of one City of Huntington Beach Printed on 9/11/2019Page 2 of 6 powered by Legistar™121 File #:19-940 MEETING DATE:9/16/2019 year. BID ACTIVITIES During Fiscal Year 2018-2019, the DTBID made significant improvements including changing the position of BID Manager to Executive Director and hiring one in June. The new Executive Director will oversee previous responsibilities of Manager and will also include a stronger focus on financially related tasks including forecasting, budgeting, and overall tracking of fiscal performance. The BID understands the importance of communication and marketing, and launched a new and improved hbdowntown.com website in March. The website is more visually appealing and has a number of interactive features for visitors including the ability to locate and link directly to members of the BID. Their monthly e-newsletter continues to be a success with over 6,600 subscribers, and allows BID members the opportunity to advertise for free. The Downtown BID social media exposure continues to grow with over 10,500 Facebook fans over 300 followers on Instagram. Safety continues to be a priority for the DTBID, for its members and visitors alike. In July 2018, the BID launched a trial program that provided daytime security patrolling to address issues such as skateboarding, and homelessness. The program was well-received and in May of 2019, the DTBID board entered into a contract with Allied Universal, which now provides daily private security. The DTBID also manages the Downtown maintenance operations with funds administered through the City of Huntington Beach Public Works Department and, as the Non-Profit Corporation, the Surf City Nights event with funds generated from event vendor and sponsor feeds. The BID has amended the boundary map (Exhibit C) and assessment schedule (Exhibit B) from the current year. The northeast corner of Main Street and Orange Avenue (which is under construction) has been added to Zone 1. Fees for businesses within Zone 1 under categories Retail Businesses, Restaurants, Hotels, Services/Office, and Cart/Kiosk have been increased by 17%. For businesses under the category of Services/Office that are located on the second floor, a new category has been created based on square footage. In addition, another new category, Seasonal, has been created for businesses that are open fewer than nine months per year. This category includes the beach concessions businesses. In Zone 2, fees under Retail Businesses of 5,000 SF or more decreased by $100 and the category of Services/Offices by square footage was created . The Board of Directors approved a Revised Reserves Operating Policy establishing guidelines for how the board can best use these resources for the benefit of business improvement in downtown. As of June 30, 2019, there is a reserve of $200,000. These funds can be used for beautification projects, security in Downtown or events. The DTBID’s total operations budget now includes the operations and revenues of Surf City Nights and the Malco agreement, which previously operated under its own budget. The budget for 2019-2020 is summarized in the Annual Report with an additional line item attachments (both as Exhibit A). The summary is as follows: INCOME:2018-2019 2019-2020 (PROPOSED)VARIANCE City of HB Maintenance $160,000 $162,000 $2,000 BID Assessments $121,460 $120,000 ($1,460) Surf City Nights $308,000 $315,000 $7000 Chili at the Beach $30,000 $30,000 $0 Surf City Days $15,000 $15,000 $0 Air Show $0 $0 $0 Halloween $0 $0 $0 Miracle on Main $0 $0 $0 Transfer From Reserves $17,000 $66,000 $49,000 TOTAL INCOME:$651,460 $708,000 $56,540 EXPENSES: MALCO Maintenance $148,000 $150,000 $2,000 Repairs/Maintenance $500 $500 $0 Rent & Storage $13,800 $14,000 $200 Telephone $1,980 $2,000 $20 Contingency $42,000 $0 ($42,000) Marketing/Advertising $42,000 $17,000 ($25,000) Sponsorships/Donations $3,600 $0 ($3,600) Ambassador $48,000 $48,000 $0 Office Expense $3,000 $3,000 $0 Bank Charges $600 $600 $0 Dues & Subscriptions $1,000 $3,000 $2,000 Insurance $7,400 $7,400 $0 Accounting $6,200 $7,000 $800 License & Fees $1,800 $2,000 $200 Meeting/Training $5,000 $2,000 ($3,000) PAYROLL: BID Manager $64,999.92 $0 ($64,999.92) Events Coordinator $51,996 $62,000 $10,004 Consulting $0 $102,000 $102,000 Admin. Asst.$18,960 $20,000 $1,040 Payroll Taxes $6,720 $7,000 $280 Workers Comp.$1,000 $1,000 $0 Payroll Expenses $1,200 $1,500 $300 Security $44,000 $128,000 $84,000 BID EVENTS: SCN Miscellaneous $15,580 0 ($15,580) SCN Rental & Set up $34,020 $30,000 ($4,020) SCN Street Cleaning $2,400 $3,000 $600 SCN Closure $7,200 $5,000 ($2,200) SCN Parking $8,400 $9,000 $600 Chili at the Beach $15,000 $15,000 $0 Surf City Days $7,500 $7,500 $0 Air Show $5,000 $0 ($5,000) Halloween $7,500 $7,500 $0 Miracle on Main $10,000 $10,000 $0 Holiday Beautification $25,000 $25,000 $0 VARIANCE:$104.08 $0 ($104.08) TOTAL:$651,460 $690,000 $38,540 City of Huntington Beach Printed on 9/11/2019Page 3 of 6 powered by Legistar™122 File #:19-940 MEETING DATE:9/16/2019INCOME:2018-2019 2019-2020 (PROPOSED)VARIANCE City of HB Maintenance $160,000 $162,000 $2,000 BID Assessments $121,460 $120,000 ($1,460) Surf City Nights $308,000 $315,000 $7000 Chili at the Beach $30,000 $30,000 $0 Surf City Days $15,000 $15,000 $0 Air Show $0 $0 $0 Halloween $0 $0 $0 Miracle on Main $0 $0 $0 Transfer From Reserves $17,000 $66,000 $49,000 TOTAL INCOME:$651,460 $708,000 $56,540 EXPENSES: MALCO Maintenance $148,000 $150,000 $2,000 Repairs/Maintenance $500 $500 $0 Rent & Storage $13,800 $14,000 $200 Telephone $1,980 $2,000 $20 Contingency $42,000 $0 ($42,000) Marketing/Advertising $42,000 $17,000 ($25,000) Sponsorships/Donations $3,600 $0 ($3,600) Ambassador $48,000 $48,000 $0 Office Expense $3,000 $3,000 $0 Bank Charges $600 $600 $0 Dues & Subscriptions $1,000 $3,000 $2,000 Insurance $7,400 $7,400 $0 Accounting $6,200 $7,000 $800 License & Fees $1,800 $2,000 $200 Meeting/Training $5,000 $2,000 ($3,000) PAYROLL: BID Manager $64,999.92 $0 ($64,999.92) Events Coordinator $51,996 $62,000 $10,004 Consulting $0 $102,000 $102,000 Admin. Asst.$18,960 $20,000 $1,040 Payroll Taxes $6,720 $7,000 $280 Workers Comp.$1,000 $1,000 $0 Payroll Expenses $1,200 $1,500 $300 Security $44,000 $128,000 $84,000 BID EVENTS: SCN Miscellaneous $15,580 0 ($15,580) SCN Rental & Set up $34,020 $30,000 ($4,020) SCN Street Cleaning $2,400 $3,000 $600 SCN Closure $7,200 $5,000 ($2,200) SCN Parking $8,400 $9,000 $600 Chili at the Beach $15,000 $15,000 $0 Surf City Days $7,500 $7,500 $0 Air Show $5,000 $0 ($5,000) Halloween $7,500 $7,500 $0 Miracle on Main $10,000 $10,000 $0 Holiday Beautification $25,000 $25,000 $0 VARIANCE:$104.08 $0 ($104.08) TOTAL:$651,460 $690,000 $38,540 City of Huntington Beach Printed on 9/11/2019Page 4 of 6 powered by Legistar™123 File #:19-940 MEETING DATE:9/16/2019 INCOME:2018-2019 2019-2020 (PROPOSED)VARIANCECity of HB Maintenance $160,000 $162,000 $2,000BID Assessments $121,460 $120,000 ($1,460)Surf City Nights $308,000 $315,000 $7000Chili at the Beach $30,000 $30,000 $0Surf City Days $15,000 $15,000 $0Air Show $0 $0 $0Halloween$0 $0 $0Miracle on Main $0 $0 $0Transfer From Reserves $17,000 $66,000 $49,000TOTAL INCOME:$651,460 $708,000 $56,540EXPENSES:MALCO Maintenance $148,000 $150,000 $2,000Repairs/Maintenance $500 $500 $0Rent & Storage $13,800 $14,000 $200Telephone$1,980 $2,000 $20Contingency$42,000 $0 ($42,000)Marketing/Advertising $42,000 $17,000 ($25,000)Sponsorships/Donations $3,600 $0 ($3,600)Ambassador $48,000 $48,000 $0Office Expense $3,000 $3,000 $0Bank Charges $600 $600 $0Dues & Subscriptions $1,000 $3,000 $2,000Insurance$7,400 $7,400 $0Accounting$6,200 $7,000 $800License & Fees $1,800 $2,000 $200Meeting/Training $5,000 $2,000 ($3,000)PAYROLL:BID Manager $64,999.92 $0 ($64,999.92)Events Coordinator $51,996 $62,000 $10,004Consulting$0 $102,000 $102,000Admin. Asst.$18,960 $20,000 $1,040Payroll Taxes $6,720 $7,000 $280Workers Comp.$1,000 $1,000 $0Payroll Expenses $1,200 $1,500 $300Security$44,000 $128,000 $84,000BID EVENTS: SCN Miscellaneous $15,580 0 ($15,580) SCN Rental & Set up $34,020 $30,000 ($4,020) SCN Street Cleaning $2,400 $3,000 $600 SCN Closure $7,200 $5,000 ($2,200) SCN Parking $8,400 $9,000 $600 Chili at the Beach $15,000 $15,000 $0 Surf City Days $7,500 $7,500 $0 Air Show $5,000 $0 ($5,000) Halloween $7,500 $7,500 $0 Miracle on Main $10,000 $10,000 $0 Holiday Beautification $25,000 $25,000 $0 VARIANCE:$104.08 $0 ($104.08) TOTAL:$651,460 $690,000 $38,540 The DTBID’s projected 2019-2020 Budget has significantly increased funds for security in the Downtown Area. In addition to continuing with their annual events, Surf City Nights and participation in the Ambassador Program, the DTBID plans to pursue projects and activities that support the priorities as part of the Perception Project. The perceptions include addressing homelessness, increasing public safety, improving the parking structure, adding restrooms, increasing lighting, improving visual appeal, and informational directories. The DTBID also expects to develop a meaningful vision for the future based on the results of the IDA study, while collaborating even more closely with the City and Visit Huntington Beach to make a positive difference in the Downtown destination. As required by State law, a protest hearing must be held to provide the opportunity for those businesses affected to voice their protest or submit their protest in writing. The Resolution of Intention sets this public protest hearing for September 17, 2019. At this time, the City Council will tally the percentage of assessments protested and will hear additional public comments on the renewal of the DTBID. The City Council also as the option of reducing assessments or modifying the boundary area if public comments prompt adjustments. As stated, if written protests are received from affected businesses owners totaling 50% or more of assessment value, no further proceedings to continue the Business Improvement District can be considered for a period of one (1) year. Environmental Status: Not Applicable. Strategic Plan Goal: Strengthen long-term financial and economic sustainability Attachment(s): 1. Resolution No. 2019-69, “A Resolution of the City Council of the City of Huntington Beach Approving an Annual Assessment Within the Huntington Beach Downtown Business Improvement District for Fiscal Year 2019-2020” Exhibit A - HBTBID Annual Report Exhibit B - Assessment Schedule City of Huntington Beach Printed on 9/11/2019Page 5 of 6 powered by Legistar™124 File #:19-940 MEETING DATE:9/16/2019 2. HB DTBID Boundary and Benefit Zones 1 & 2 Map City of Huntington Beach Printed on 9/11/2019Page 6 of 6 powered by Legistar™125 126 127 1 HUNTINGTON BEACH DOWNTOWN BUSINESS IMPROVEMENT DISTRICT ANNUAL REPORT OCTOBER 1, 2018 - SEPTEMBER 30, 2019 MISSION The Huntington Beach Downtown Business Improvement District is an organization, comprised of the businesses located in the downtown area, united in purpose and dedicated to the improvement of the economic business environment of Downtown Huntington Beach related to marketing, safety, maintenance, tourism, parking, and specific events. ABOUT The Huntington Beach Downtown Business Improvement District (HBDBID) is an organization formed in 2004 by the City Council at the request of the businesses within the downtown area. The purpose of the Business Improvement District is to fund and promote activities which benefit businesses located and operating in the HBDBID assessment zone within the City of Huntington Beach. The businesses within the boundaries are assessed an annual HBDBID fee based on their size, location and business type. The HBDBID Board of Directors are selected through an election process by the stakeholders located within the Downtown Business District boundaries. The Directors act as an Advisory Board, making recommendations to the City Council on the expenditures of revenues derived from the assessments to strengthen, improve and enhance the experience of those visiting and doing business within the HBDBID boundaries. 128 2 2018 - 2019 HBDBID BOARD OF DIRECTORS “Great things in business are never done by one person.” – Steve Jobs EXECUTIVE BOARD: President: DAVE SHENKMAN Vice President: BRETT BARNES Kite Connection Duke’s Huntington Beach Secretary: MOE KANOUDI Treasurer: KATE LEIGH Main Street Eyeware & Boutique A Street Partners, 5th & PCH Past President: MATT PETERSON Legend’s Surf City DIRECTORS: MURATA “COACH” KOC MIKE WILLIAMS Coach’s Mediterranean Grill The Longboard Restaurant & Pub DANNY OTHMAN SUSIE WORTHY 602 Café ME Helme Antiques MICHELLE VESPE Healing Beauty STAFF: Interim HBDBID Executive Director JOHN GILBERT Surf City Nights & Event Coordinator DARCI HENDERSON Administrative Assistant FAITH WOMACK Downtown Huntington Beach is the beating heart of our community. Nearly 40% of our businesses have been serving customers for over ten years! QUICK GLANCE: The HBDBID exists to positively affect the business climate in the downtown district. Duke’s Huntington Beach celebrated its 20th Anniversary in October 2018. In fact, 42 businesses have been serving downtown customers for well over 20 years. Here is a quick glance of the Years in Business for our downtown business members: 14 members in business downtown for over 30 years = 5% 28 for 20-30 years = 11% 59 for 10-20 years = 22% 57 for 5-10 years = 23% 102 for 1- 5 years = 39% 30+ Years 20-30 Years 5-10 Years 10-20 Years 1-5 Years YEARS IN BUSINESS IN DOWNTOWN 129 3 HIGHLIGHTS 2018 – 2019 In the 2018-2019 year, The HBDBID launched a new website, increased security, and designated community dollar support to the HB International Surfing Museum, HB Art Center, and HB Children’s Library. Currently, BID Management is ready to implement a new software program to improve communication, maintenance of member information, and records or other relevant requests from business members. Around town, owners for both commercial and residential properties made important investments in the downtown district. Compass Realty moved into new luxury offices in the re-purposed, renovated building at 301 Olive Street (Former site of 24 hour Fitness) Ruby’s redesigned their stunning oceanfront upstairs dining to add a tropical getaway destination location for downtown. “Jan & Dean’s Tiki’s Lounge” and Mangiamo Gelato returned to the renovated building at 126 Main Street. We are excited for the new construction at 401 Main Street, bringing future retail and office opportunities to the downtown district. In 2018-2019, we welcomed new wayfinding from Visit HB, and improved public restrooms from the City. This annual report highlights the 2018-2019 HBDBID’s efforts to positively impact the business district in accordance to its mission related to the marketing, safety, maintenance, tourism, parking, and specific events. Additionally, the report provides relevant financial information and addresses current priorities. 130 4 MARKETING & ADVERTISING FOR THE DOWNTOWN BUSINESS DISTRICT A new and improved HBDOWNTOWN.COM WEBSITE launched in March 2019. We are finishing the few final pages, and are pleased with the updated design of this important marketing tool. One of the best improvements is the friendly interface with our member directory, improving the ability of our visitors to locate and link directly to our member businesses. E-NEWSLETTERS CONTINUE TO BE A WELL-RECEIVED MARKETING TOOL FOR BUILDING A POSITIVE IMAGE OF HUNTINGTON BEACH DOWNTOWN. We currently reach over 6600 subscribers with monthly newsletters. Our HBDBID members enjoy the benefit of advertising in this newsletter for FREE. Plus, we use this tool to share relevant special announcements for our community. We continue to grow our social media influence by reaching over 10,500 FACEBOOK fans and growing our INSTAGRAM, reach to nearly 3000 followers. We actively follow our business members on social media, increasing their reach by sharing on our platforms. Facebook.com/hbdowntown | Twitter.com/hbdowntownusa Intagram.com/hbdowntownusa | YouTube.com/hbdowntown 131 5 SAFETY Ever since its conception, the HBDBID has been deeply committed to ensuring that the downtown district is safe and welcoming. In July 2014, the HBDBID partnered with Visit Huntington Beach to provide Ambassador service 365 days a year. Ambassadors answer visitor questions and act as eyes and ears to improve public safety. In addition to daytime Ambassadors, HBDBID helps to fund evening Ambassadors for our popular Thursday – Saturday late night crowds. In July 2018, the HBDBID launched a trial program to provide daytime security patrols. With uniformed security personnel supplementing the presence of Ambassadors, the downtown district manages public safety concerns such as skateboarding, homeless, individuals possibly disturbing the peace, and more. The trial program was well-received. In May 2019 the HBDBID board entered into a contract with Allied Universal, to provide private security daily for our destination. The HBDBID has invested over $100K annually to maintaining this vital program. By working closely with law enforcements in their efforts to monitor and manage homelessness activity in downtown we ensure the safety of our customers and guests while giving our businesses the opportunity to succeed. The HBDBID continues to advocate for appropriate police coverage and meet regularly to discuss ways the HBDBID can assist in improving safety. 132 6 MAINTENANCE & BEAUTIFICATION The HBDBID and City of Huntington Beach work together through a MOU currently authorizing $160,000 annually for sidewalk cleaning in HB Downtown. This maintenance partnership with the City is credited for providing a cleaner, more beautiful downtown district. Day Porters maintain cleanliness in most downtown areas, except for private buildings that provide their own cleaning service. Porters are responsible for litter, trash removal, spot mopping of sidewalks, minor graffiti removal, dusting storefront sills and gum removal. Steam / Power Washing is a critical element in our maintenance program which includes steam cleaning of sidewalks throughout the downtown district, including alleys and gutters, with service increased during the busy summer months. For nearly 15 years, the HBDBID has provided a tremendous service to our destination by managing this contract and ensuring that downtown is clean and welcoming. HBDBID staff communicates with the City Public Works Department to keep on top of any issues as they arise. In 2018-2019 the HBDBID funded $10,000 to upgrade planter boxes, providing an inviting place for our visitors to rest along Main Street, enjoying an ice cream, people watching, or waiting while friends and family stroll in and out of one of our shops. PARKING Parking accessibility, availability, and the overall cleanliness and safety of the city parking lot is a key component of the visitor experience to HB Downtown. CONVENIENT PARKING and PUBLIC RESTROOMS is an ongoing concern for the HBDBID. In recent years, the city refreshed the paint and improved the lighting in the parking structure. Residents and visitors alike can visit the downtown district by riding the FREE Surf City Shuttle, provided by Visit HB during summer weekends. 133 7 TOURISM is a key component to business opportunities in Huntington Beach Downtown. While the HBDBID focuses on creating a sense of community pride and possesses a deep appreciation and affection for our local shoppers and diners, we are equally in love with our visitors from out of town. This quick glance of a recent page on Trip Advisor shows where visitors are traveling from and what they are saying about us: Downtown Huntington Beach loves mixing locals with tourists, reinforcing Huntington Beach as a premier Southern California tourist destination. The uniqueness of our downtown district plays a critical role in why business and leisure travelers alike chose to stay at one of our Oceanfront hotels or resorts. With over 1,400 oceanfront guestrooms in the area, we recognize our responsibility to ensure guest satisfaction, and build a return customer base. 134 8 BID SIGNATURE EVENTS SURF CITY NIGHTS Each Signature Event is designed to bring locals and visitors to our downtown destination. For our residents, these events provide an important sense of community pride, adding value to our city and positively impact the quality of life for those who live here. For our hotel guests and other visitors, these special events add to the attraction and uniqueness of our “Nothing Else Like It!” destination, creating memorable experiences for everyone. HBDBID’S success with Surf City Nights makes it possible to bring other special events to downtown throughout the year. Surf City Nights - Weekly Street Fair & Certified Farmers’ Market Since the Business Improvement District first created Surf City Nights as a year round event in 2007, this signature event has established itself as the largest year-round weekly festival in Southern California. SURF CITY NIGHTS features over 90 unique vendors, stretching up the first three blocks of Main Street. In addition to providing significant funds, and increasing visitors to the downtown destination weekly. Surf City nights provides booth space for city services, local non-profit groups, a venue for youth and local entertainers, and an Information Booth to help guide visitors and promote upcoming downtown events. 135 9 BID SIGNATURE EVENT HALLOWEENFEST It was another memorable event, as we welcomed record numbers of trick-or-treaters to a safe and friendly downtown experience. The Kids & Canine Costume Contest on 5th & PCH provided the perfect setting for hundreds of participants and spectators. FREE CANDY plus free attractions on Main Street such as inflatables, bounce houses, slides, games, and reptile zoo added to the family fun memories. Families also loved visiting with our Police, Fire & Marine Safety along with our Park & Recreation staff crafts table. This special event helps define downtown as a fun family destination. Visit HBDowntown.com to see the dozens more smile-making memories. 136 10 BID SIGNATURE EVENT MIRACLE ON MAIN STREET - TREE LIGHTING CEREMONY This Annual Tree Lighting Ceremony has grown into a wonderful tradition for our local families. The holiday décor expenditure is a significant percent of the HBDBID budget, representing the commitment of the businesses in downtown to provide a place for families to gather during the season. We are proud to be the place where families and friends gather to make memories and experience a sense of pride in their city. With a sparkling new tree over the fountain, HB Downtown kicked off the winter holiday season with an afternoon full of free entertainment, including a visit from both the Grinch and Santa Claus. Holiday entertainment was provided by local dancers and musicians, mostly youth groups. Plus, the HBDBID invited the City’s Park & Recreation Department and the HB Youth Shelter to participate. The HBDBID arranged for Santa Claus to visit the downtown district for five consecutive weeks, giving hundreds of families and friends the chance to visit and take photos with Santa for no charge, bringing more locals to downtown during the off-season. HALLOWEENFEST & MIRACLE ON MAIN ST. TREE LIGHTING represent two of the biggest events the business district presents, which are one-hundred percent about “giving back to the community.” 137 11 CHILI AT THE BEACH JUNE 2019 This Chili and Salsa Tasting Competition event gets hotter every year! This is one of HBDBID’s largest events. Main Street filled with both returning and first-timer participants and guests. In between samples of chili and salsa, the public enjoyed all-day music on two stages, a variety of unique vendors, and the company of friends and family. Kids’ events were held on 5th and PCH. This annual event, held the Saturday before Father’s Day, is a benefit for the Boys & Girls Clubs of Huntington Valley. SURF CITY DAYS SEPTEMBER 2018 Surf City Days is an event designed for locals to “take their beach back.” With a locals-only surfing contest, CBVA Volleyball Tournament, HSS/Surfline Demo Days, HB Cult Old Skool Skate, Kowabunga Van Klan Vintage VW Bus Show, and Surfin’ Sundays concert, 2018 was another stellar event for the community. We are in the process of planning an even bigger event for September 2019, when we combine Surf City Days with the He’e Nalu Aloha Pier Festival. By celebrating the spirit and culture of the South Pacific, we are excited to be building a weekend of entertainment and fun for families – both locally and from all over Southern California. 138 12 ADDITIONAL HIGH PROFILE DOWNTOWN EVENTS The HBDBID uses social media to support other downtown events that draw visitors into the HBDBID stakeholder’s businesses. Whether the streets are filling with locals for our popular annual Senior Saturday at the Pier, or over-flowing with visitors from all over for Vans US Open of Surfing or the Great Pacific Airshow, the HBDBID office works non-stop to promote these events, inviting guests to visit our businesses, and planning additional maintenance and safety services. For the 2018 Great Pacific Airshow, the HBDBID provided hours of FREE Valet Bike Parking. We are currently working with the promoter to determine how the downtown district will participate in 2019. We are proud to be the center location of the most exciting Southern California events. 5th & PCH activated more than a dozen special events, with the goal of bringing more shoppers, more diners, and more new and repeat visitors to downtown Huntington Beach. Events in collaboration with the HBDBID included: Surf City Days – Old Skool Skate, HalloweenFest – Costume Contest and Chili at the Beach – Kids Center. In addition, 5th & PCH presented their own special community events, increasing consumer traffic to downtown: The 5th & PCH 4th of July Float carried Miss HB and her court, and was featured on CNN’s 4th of July coverage. 5TH & PCH was also the TOP SPONSOR for the 2018 Great Pacific Air Show, in addition to other community events throughout the year. 139 13 BID ASSESSMENTS 2018-2019 BID ASSESSMENTS In October of 2018 the Assessment Zones were changed which resulted in a substantial number of businesses seceeding from the HBDBID. 32% 26% 30% 12% BENEFIT ZONE 1 170 MEMBERS 54 Retail 45 Service/Office 51 Restaurants 20 Misc 44% 38% 16%2% BENEFIT ZONE 2 90 MEMBERS 49 Retail 34 Service/Office 14 Restaurants 2 Misc 140 14 Retail and Restaurant businesses make up over 61% of the HBDBID membership and contribute over 84% of the dues. These visitor-serving businesses are important to our total membership, representing the heartbeat of our Downtown success and experience. 41% 12% 43% 4% PERCENT OF ASSESSMENT CONTRIBUTION 2018-2019 94 Retail 79 Service/Office 65 Restaurants 22 Misc 36% 30% 25% 9% PERCENT OF BID MEMBERS BY CATEGORY 2018-2019 94 Retail 79 Service/Office 65 Restaurants 22 Misc 141 15 HUNTINGTON BEACH DOWNTOWN BUSINESS IMPROVEMENT DISTRICT ASSESSMENT FORMULA  Hyatt Regency, Waterfront Beach Resort, Pasea Hotel and Pacific City seceded from the BID in October 2019.  Assessment excluded for apartments, real estate agents, non-profits, home-based businesses and temporary vendors.  Businesses and non-profit organizations outside the area may join with the approval of the BID Board by paying the equivalent fee annually.  Non-profit organizations within the BID Assessment Zone can voluntarily participate by paying $30 to the HB Downtown BID directly. 142 16 HUNTINGTON BEACH DOWNTOWN BUSINESS IMPROVEMENT DISTRICT Statement of Assets, Liabilities, and Equity Modified Cash Basis – As of June 30, 2019 Source: McGinty, Knudtson, & Associates, LLP | Certified Public Accountants July 23, 2019 143 17 HB DOWNTOWN BUSINESS IMPROVEMENT DISTRICT 2018 – 2019 Statement of Income – Modified Cash Basis Actual vs. Budget 144 18 Statement of Income Continued from previous page Source: McGinty, Knudtson, & Associates, LLP | Certified Public Accountants July 23, 2019 145 19 HUNTINGTON BEACH DOWNTOWN BUSINESS IMPROVEMENT DISTRICT Proposed Budget for 2019 – 2020 146 20 Looking Ahead… Key Projects for 2019-2020  New Data Base Software – Once updated with all the current member information will be of significant tool in communicating to our members  Implementation of a new City Accounting system which will allow the BID Assessment to be included on the same invoice as the Business License  Downtown Days – An off season event planned with the BID merchants to offer discounts to citizens of Huntington Beach.  Research to propose new ambient lighting downtown to improve safety and the total quality experience of downtown at night  The HBDBID will continue to review and incorporate relevant recommendations from the 2017 IDA Report and incorporate current priorities into the development of a Strategic and Business Plan. COMMITTEES The HBDBID wishes to thank the following Committee Members for their service and dedication. Each person’s contributions are essential to our united efforts to improve Huntington Beach Downtown. BUDGET, FINANCE and GOVERNANCE Kate Leigh, 5th & PCH, Co-Chair Mike Williams, Longboards,- Co Chair Tony Duran, EV Rideables Nicole Thompson, First Bank Stephanie Wilson, Fred’s & Sandy’s VOLUNTEERS Thank you to our volunteers who devoted their time to work for the HBDBID during the year including volunteers from the Boys & Girls Clubs of Huntington Valley, and OCC Hospitality Program, plus Dakota Winding, and Susan Welfringer. The HBDBID would also like to thank Robert Koury, Dennis Gallagher, and Moe Kanoudi for their collaboration in dedicating the Fountain area in the memory of HBDBID founder, and past president, Steve Daniel of Rocky Mountain Chocolate Factory. Steve’s dedication to the promise of continued improvement in the downtown area will always be remembered. We are deeply indebted to Steve and his wife, Maxine, for all they have done to improve and enhance the downtown experience. NOMINATING COMMITTEE Steve Grabowski, The UPS Store Nicole Thompson, First Bank Stephanie Wilson, Fred’s & Sandy’s PRINTED COPIES of the Annual Report are available at the Huntington Beach Downtown Business Improvement District office, located at 315 3 rd Street, Suite E, Huntington Beach, CA 92648. Electronic versions can be viewed on www.hbdowntown.com, and also requested by contacting info@hbdowntown.com or calling 714.536.8300. 147 15 HUNTINGTON BEACH DOWNTOWN BUSINESS IMPROVEMENT DISTRICT ASSESSMENT FORMULA Hyatt Regency, Waterfront Beach Resort, Pasea Hotel and Pacific City seceded from the BID in October 2019. Assessment excluded for apartments, real estate agents, non-profits, home-based businesses and temporary vendors. Businesses and non-profit organizations outside the area may join with the approval of the BID Board by paying the equivalent fee annually. Non-profit organizations within the BID Assessment Zone can voluntarily participate by paying $30 to the HB Downtown BID directly. 148 149 City of Huntington Beach File #:19-958 MEETING DATE:9/16/2019 Consider request for fee waiver, parking offset contribution, and in-kind trash collection services for Code Four, Operator of the Great Pacific Air Show scheduled to take place on October 4-6, 2019 in the City of Huntington Beach A) Authorize the City Manager to approve a Specific Event Permit for the 2019 Great Pacific Airshow that includes a fee waiver of $11,250, parking offset revenues of up to $100,000 contingent on actual parking revenues, and that utilizes aspects of the City’s in-kind contributions via its waste franchise agreements (estimated at up to $10,000); OR B) Deny the above requests for the 2019 event; OR C) Consider alternative options. City of Huntington Beach Printed on 9/11/2019Page 1 of 1 powered by Legistar™150 Administrative Item #19-958 Agenda Date: September 16, 2019 Subject: Consider request for fee waiver, parking offset contribution, and in-kind trash collection services for Code Four, Operator of the Great Pacific Air Show scheduled to take place on October 4-6, 2019 in the City of Huntington Beach The staff report and any related documents will be published with Supplemental Communications scheduled for release on Friday, September 13, 2019 at approximately 3:00 PM. 151 City of Huntington Beach File #:19-947 MEETING DATE:9/16/2019 Submitted by Councilmember Posey - Test Claim regarding Prison/Jail realignment and local Public Safety costs Direct the City Manager and Police Chief to perform a sample-based analysis of a criminal arrest histories going back to 2012 to understand the financial impact on the City. A representative sample is one technique that can be used for obtaining insights and observations about a targeted population group. For example, this analysis should look at the correlation between those with criminal records that have come into contact with our Police Department (e.g. arrests) who are homeless and who would have been in prison had it not been for the realignment. I believe that the City has a duty to understand the financial impacts of AB 109 and to bring forth a Test Claim stating the impacts to the community. City of Huntington Beach Printed on 9/11/2019Page 1 of 1 powered by Legistar™152 153 154 155 City of Huntington Beach File #:19-948 MEETING DATE:9/16/2019 Submitted by Councilmember Posey - California Public Employee Retirement System (Cal- PERS) and Environmental, Social, or Governance (ESG) plans Direct the Finance Commission to study the impact of Cal-PERS’ ESG policy on Huntington Beach’s unfunded pension liability, then to report back to the Council with an estimate of what amount of the City’s unfunded liability is due to or was increased by Cal-PERS’ ESG policies. Concurrent with that report, direct the City Attorney to report back on a legal strategy to address any losses to HB’s Cal- PERS plan due to Cal-PERS’ ESG policies. City of Huntington Beach Printed on 9/11/2019Page 1 of 1 powered by Legistar™156 157 158 City of Huntington Beach File #:19-949 MEETING DATE:9/16/2019 Submitted by Mayor Peterson and Councilmember Brenden - Sober Living Homes Direct the City Attorney to return to City Council by October 21, 2019 with one or more draft Ordinance(s) that strike an appropriate balance between the interests of the City and its residents to preserve residential neighborhood character and the need to provide reasonable accommodation for the disabled to reside in normalized residential environments that promote effective recovery. City of Huntington Beach Printed on 9/11/2019Page 1 of 1 powered by Legistar™159 160