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HomeMy WebLinkAbout2020-10-05 Agenda Packet AGENDA City Council/Public Financing Authority Regular Meeting Monday, October 5, 2020 at 6:00 PM MAYOR AND CITY COUNCIL LYN SEMETA, Mayor JILL HARDY, Mayor Pro Tem PATRICK BRENDEN, Councilmember KIM CARR, Councilmember BARBARA DELGLEIZE, Councilmember ERIK PETERSON, Councilmember MIKE POSEY, Councilmember Recorded live from the City Council Chambers 2000 Main Street Huntington Beach, CA 92648 SPECIAL NOTICE REGARDING COVID-19 STAFF OLIVER CHI, City Manager MICHAEL E. GATES, City Attorney ROBIN ESTANISLAU, City Clerk ALISA BACKSTROM, City Treasurer On March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as a result of the threat of COVID-19. On March 17, 2020, Governor Newsom issued Executive Order N-29-20 which allows a local legislative body to hold public meetings via teleconferencing, and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and to address the local legislative body. Pursuant to Executive Order N-29-20, please be advised that some members of the Huntington Beach City Council and/or City staff may participate in this meeting telephonically or electronically. PUBLIC PARTICIPATION/AUDIO/VIDEO ACCESS TO BROADCASTED MEETINGS: Pursuant to Executive N-29-20 and given the current health concerns, members of the public are encouraged to access the meeting live on-line at https://huntingtonbeach.legistar.com, or can elect to view the meeting via cable television channel HBTV-3. The Council Chambers will be not open for in-person attendance to provide public comments. In order to ensure adequate social distancing, the City will not make a physical location available for the public to observe the meeting or offer public comment in person. To ensure the public’s right to fully participate in providing meaningful public comments at the September 21, 2020, City Council meeting: The public may submit a comment via Zoom Webinar. Due to Zoom technical difficulties of muting and unmuting experienced during the prior Council meeting, we are advising those wishing to speak to use the Zoom application rather than dialing in by phone. Zoom applications are available for Windows, Mac, iPhone, iPad, and Android devices. Proceed to https://zoom.us/test from the device you intend to use to ensure it is ready to join the meeting. At 6:00 PM, individuals wishing to provide a comment on agendized or non-agendized items may join the webinar by entering via the Zoom app and entering Webinar ID 971 5413 0528 or click the following link https://huntingtonbeach.zoom.us/j/97154130528 or call (669) 900-6833 and enter Webinar ID 971 5413 0528. Individuals that enter the meeting will be placed in a holding queue as an attendee, and prompted to speak when the Clerk announces your name or the last three digits of your phone number. The holding queue will remain open for approximately 15 minutes and speakers are encouraged, but not required to identify themselves by name. Each person may have up to 3 minutes to speak, but the Mayor, at her discretion, may reduce the time allowance if warranted by the volume of calls. The public comment process as previously described will also be followed for items scheduled for Closed Session and speakers should enter the queue at 5:00 PM to comment on that topic. After a speaker concludes their comment, their call will be disconnected from the holding queue. Members of the public may submit SUPPLEMENTAL COMMUNICATION (information received by the City Clerk's Office following distribution of the Council agenda packet): Members of the public wishing to submit written (supplemental) communication on agenda items for distribution to the City Council and placed into the administrative record can email SupplementalComm@Surfcity-hb.org. Supplemental Communications received by 2:00 PM the day of the meeting will be distributed to City Council prior to consideration of agenda-related items, and will be announced, but not read, and placed into the administrative record during the Supplemental Communications portion of the Meeting. In addition, any communications sent to city.council@surfcity-hb.org on Council agenda items will be treated as Supplemental Communications and announced, but not read, during the meeting. MEETING 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. 1 AGENDA October 5, 2020City Council/Public Financing Authority 5:00 PM - COUNCIL CHAMBERS CALL TO ORDER ROLL CALL Posey, Delgleize, Hardy, Semeta, Peterson, Carr, Brenden ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS (3 Minute Time Limit) - At approximately 5:00 PM, individuals wishing to provide a comment on Closed Session items may join the webinar by entering Webinar ID 971 5413 0528. Individuals that enter the meeting will be placed in a holding queue and prompted to speak when the Clerk announces your name or the last three digits of your phone number. The holding queue will remain open for approximately 15 minutes, and speakers are encouraged, but not required to identify themselves by name. Each speaker may have up to 3 minutes to speak, but the Mayor, at her discretion, may reduce the time allowance if warranted by the volume of speakers. RECESS TO CLOSED SESSION CLOSED SESSION 20-19121.CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION. Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9: Number of cases, three (3). 20-19252.CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Cruz (Martin & Ana) and N.B.C. v. City of Huntington Beach, et al.; USDC Case No. 8:19-cv-1449-DOC (ADSx). 6:00 PM – COUNCIL CHAMBERS RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING ROLL CALL Posey, Delgleize, Hardy, Semeta, Peterson, Carr, Brenden PLEDGE OF ALLEGIANCE INVOCATION Page 1 of 5 2 AGENDA October 5, 2020City Council/Public Financing Authority In permitting a nonsectarian invocation, the City does not intend to proselytize or advance any faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation. 20-19133.Maha Ragab of the Muslim Community and member of the Greater Huntington Beach Interfaith Council CLOSED SESSION REPORT BY CITY ATTORNEY AWARDS AND PRESENTATIONS 20-18774.Mayor Semeta to issue a proclamation recognizing October 4-10, 2020 as Fire Prevention Week 20-19185.Mayor Semeta to present the Making a Difference Award to Mary Chiappetta of Soroptimist International of Huntington Beach 20-19206.Presentation of the Orange County Mayors 34 Cities Strong Public Service Announcement ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS (3 Minute Time Limit) - At approximately 6:00 PM, individuals wishing to provide a comment on agendized or non-agendized items may join the webinar by entering Webinar ID 971 5413 0528. Individuals that enter the meeting will be placed in a holding queue and prompted to speak when the Clerk announces your name or the last three digits of your phone number. The holding queue will remain open for approximately 15 minutes, and speakers are encouraged, but not required to identify themselves by name. Each speaker may have up to 3 minutes to speak, but the Mayor, at her discretion, may reduce the time allowance if warranted by the volume of speakers. COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS, AB 1234 REPORTING, AND OPENNESS IN NEGOTIATIONS DISCLOSURES 20-19277.Request by Mayor Pro Tem Jill Hardy to Consider Appointment of Council Member Kim Carr as Mayor Pro Tem for the Remainder of this Year Vote to appoint Council Member Kim Carr as Mayor Pro Tem for the remainder of this year. Recommended Action: Page 2 of 5 3 AGENDA October 5, 2020City Council/Public Financing Authority CITY MANAGER'S REPORT 20-19228.Update of the City COVID-19 Response Plan and Actions for Review and Discussion CONSENT CALENDAR 20-18569.Approve and Adopt Minutes Approve and adopt the City Council/Public Financing Authority regular meeting minutes dated September 8, 2020 and the City Council/Public Financing Authority regular meeting minutes dated September 21, 2020, as written and on file in the office of the City Clerk. Recommended Action: 20-185810.Approve and authorize execution of Amendment No. 1 to the Professional Services Contract with Derek J. McGregor, Inc. for On-Call Plan Check and Engineering Services Approve and authorize the Mayor and City Clerk to execute , “Amendment No. 1 to Professional Services Contract Between The City of Huntington Beach and Derek J. McGregor, Inc. DBA DMC Engineering for On Call Plan Check and Engineering Services” increasing the contract amount by $180,000 from the original amount of $400,000. Recommended Action: 20-191011.Approve License Agreement between the City of Huntington Beach and Seaview Little League for use and maintenance of baseball fields and related improvements at LeBard Park Approve and authorize the Mayor and City Clerk to execute the License Agreement between the City of Huntington Beach and Seaview Little League for use and maintenance of ballfields and related improvements at LeBard Park. Recommended Action: 20-191112.Approve License Agreement between the City of Huntington Beach and Huntington West Little League, Inc., for the use of baseball fields and related improvements at Marina Park Approve and authorize the Mayor and City Clerk to execute the License Agreement between the City of Huntington Beach and Huntington West Little League, Inc., for the use of baseball fields and related improvements in Marina Park. Recommended Action: Page 3 of 5 4 AGENDA October 5, 2020City Council/Public Financing Authority 20-192313.City Council Position on Two State Ballot Measures as Recommended by the City Council Intergovernmental Relations Committee (IRC) A) Approve to temporarily set aside Resolution No. 4344, Section 1.01.08 Statewide Ballot Propositions; and B) Adopt Resolution No. 2020-63, “A Resolution of the City Council of the City of Huntington Beach Opposing Proposition 15;” and/or C) Adopt Resolution No. 2020-64, “A Resolution of the City Council of the City of Huntington Beach in Support of Proposition 22.” Recommended Action: ORDINANCES FOR INTRODUCTION 20-190914.Consider Regulations Related to Rules of Civility and Decorum at Public Meetings and at City Hall by Approving for Introduction Ordinance No. 4220 to Add Chapter 2.29 to the Huntington Beach Municipal Code (HBMC), and Adopting Resolution No. 2020-62 Related to Rules of Decorum at Public Meetings A) Approve for introduction Ordinance No. 4220, “An Ordinance of the City of Huntington Beach Adding Chapter 2.29 to the Huntington Beach Municipal Code Regarding Conduct on City Hall Campus;” and, B) Adopt Resolution No. 2020-62, “A Resolution of the City Council of the City of Huntington Beach Governing Rules of Decorum at Public Meetings .” Recommended Action: 20-192615.Approve for Introduction Ordinance No. 4219 Adding Chapter 10.49 to the Huntington Beach Municipal Code (HBMC) Relating to the Prohibition on Repairs and Sales of Bicycles and Bicycles Parts on Public Property Approve for Introduction Ordinance No. 4219, “An Ordinance of the City of Huntington Beach adding Chapter 10.49 to the Huntington Beach Municipal Code relating to the prohibition on repairs and sales of bicycles and bicycle parts on public property.” Recommended Action: COUNCILMEMBER COMMENTS (Not Agendized) ADJOURNMENT Page 4 of 5 5 AGENDA October 5, 2020City Council/Public Financing Authority The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Monday, October 19, 2020, at 4:00 PM in the Civic Center Council Chambers, 2000 Main Street, Huntington Beach, California. INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA AND STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT http://www.huntingtonbeachca.gov Page 5 of 5 6 City of Huntington Beach File #:20-1912 MEETING DATE:10/5/2020 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION. Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9: Number of cases, three (3). City of Huntington Beach Printed on 9/30/2020Page 1 of 1 powered by Legistar™7 City of Huntington Beach File #:20-1925 MEETING DATE:10/5/2020 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Cruz (Martin & Ana) and N.B.C. v. City of Huntington Beach, et al.; USDC Case No. 8:19-cv-1449-DOC (ADSx). City of Huntington Beach Printed on 9/30/2020Page 1 of 1 powered by Legistar™8 City of Huntington Beach File #:20-1913 MEETING DATE:10/5/2020 Maha Ragab of the Muslim Community and member of the Greater Huntington Beach Interfaith Council City of Huntington Beach Printed on 9/30/2020Page 1 of 1 powered by Legistar™9 City of Huntington Beach File #:20-1877 MEETING DATE:10/5/2020 Mayor Semeta to issue a proclamation recognizing October 4-10, 2020 as Fire Prevention Week City of Huntington Beach Printed on 9/30/2020Page 1 of 1 powered by Legistar™10 City of Huntington Beach File #:20-1918 MEETING DATE:10/5/2020 Mayor Semeta to present the Making a Difference Award to Mary Chiappetta of Soroptimist International of Huntington Beach City of Huntington Beach Printed on 9/30/2020Page 1 of 1 powered by Legistar™11 City of Huntington Beach File #:20-1920 MEETING DATE:10/5/2020 Presentation of the Orange County Mayors 34 Cities Strong Public Service Announcement City of Huntington Beach Printed on 9/30/2020Page 1 of 1 powered by Legistar™12 City of Huntington Beach File #:20-1927 MEETING DATE:10/5/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Councilmember Jill Hardy PREPARED BY:Councilmember Jill Hardy Subject: Request by Mayor Pro Tem Jill Hardy to Consider Appointment of Council Member Kim Carr as Mayor Pro Tem for the Remainder of this Year Statement of Issue: Given current City Council member term limits, and in an effort to ensure leadership continuity at the City, I am requesting that the City Council consider appointing Council Member Kim Carr as Mayor Pro Tem for the remainder of this year. Recommended Action: Vote to appoint Council Member Kim Carr as Mayor Pro Tem for the remainder of this year. c: Oliver Chi, City Manager Travis Hopkins, Assistant City Manager Robin Estanislau, City Clerk City of Huntington Beach Printed on 9/30/2020Page 1 of 1 powered by Legistar™13 City of Huntington Beach File #:20-1922 MEETING DATE:10/5/2020 Update of the City COVID-19 Response Plan and Actions for Review and Discussion City of Huntington Beach Printed on 9/30/2020Page 1 of 1 powered by Legistar™14 City of Huntington Beach File #:20-1856 MEETING DATE:10/5/2020 REQUEST FOR COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Robin Estanislau, CMC, City Clerk PREPARED BY:Robin Estanislau, CMC, City Clerk Subject: Approve and Adopt Minutes Statement of Issue: The City Council/Public Financing Authority regular meeting minutes of September 8, 2020 and the City Council/Public Financing Authority regular meeting minutes of September 21, 2020, require review and approval. Financial Impact: None. Recommended Action: Approve and adopt the City Council/Public Financing Authority regular meeting minutes dated September 8, 2020 and the City Council/Public Financing Authority regular meeting minutes dated September 21, 2020, as written and on file in the office of the City Clerk. Alternative Action(s): Do not approve and/or request revision(s). Analysis: None. Environmental Status: Non-Applicable. Strategic Plan Goal: Non-Applicable - Administrative Item Attachment(s): 1. September 8, 2020 CC/PFA regular meeting minutes 2. September 21, 2020 CC/PFA regular meeting minutes City of Huntington Beach Printed on 9/30/2020Page 1 of 1 powered by Legistar™15 Minutes City Council/Public Financing Authority City of Huntington Beach Tuesday, September 8, 2020 5:00 PM - Council Chambers 6:00 PM - Council Chambers Civic Center, 2000 Main Street Huntington Beach, California 92648 A video recording of the 6:00 PM portion of this meeting is on file in the Office of the City Clerk, and archived at www.surfcity-hb.org/government/agendas/ 5:00 PM - COUNCIL CHAMBERS CALL TO ORDER — 5:01 PM ROLL CALL Present: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden (remote) Absent: None ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS PERTAINING TO CLOSED SESSION ITEMS (Received After Agenda Distribution) — None PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS (3 Minute Time Limit) — None A motion was made by Posey, second Peterson to recess to Closed Session for Items 2 — 4. With no objections the motion passed. RECESSED TO CLOSED SESSION — 5:02 PM CLOSED SESSION ANNOUNCEMENT(S) 1. 20-1852 Mayor Semeta Announced: Pursuant to Government Code § 54957.6, the City Council takes this opportunity to publicly introduce and identify designated labor negotiator, Oliver Chi, City Manager; also in attendance: Travis Hopkins, Assistant City Manager, who will be participating in today’s Closed Session discussions regarding labor negotiations with: Huntington Beach Municipal Teamsters (HBMT); Management Employees’ Organization (MEO); Police Officers’ Association (POA); Police Management Association (PMA); Huntington Beach Firefighters’ Association (HBFA); Fire Management Association (FMA); Marine Safety Management Association (MSMA); Surf City Lifeguard Employees’ Association (SCLEA) and Non-Represented (Non-Associated) Employees (NA) CLOSED SESSION 16 City Council/Public Financing Authority Regular Meeting Minutes September 8, 2020, Page 2 of 16 2. 20-1841 Pursuant to Government Code § 54956.9(d)(1), the City Council recessed into Closed Session to confer with the City Attorney regarding the following lawsuit: Moore/Field v. City of Huntington Beach, et al., OCSC Case No. 30-2019-01071686. 3. 20-1842 Pursuant to Government Code § 54956.9(d)(2), the City Council recessed into Closed Session to confer with the City Attorney regarding potential litigation. Number of cases, one (1). 4. 20-1846 Pursuant to Government Code § 54957.6, the City Council recessed into Closed Session to meet with its designated labor negotiator: Oliver Chi, City Manager; also in attendance: Travis Hopkins, Assistant City Manager, regarding the following: Huntington Beach Municipal Teamsters (HBMT); Management Employees’ Organization (MEO); Police Officer’s Association (POA); Police Management Association (PMA); Huntington Beach Firefighters’ Association (HBFA); Fire Management Association (FMA); Marine Safety Management Association (MSMA) Surf City Lifeguard Employees’ Association (SCLEA) and Non-Represented (Non- Associated) Employees (NA). 6:00 PM - COUNCIL CHAMBERS RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING — 6:21 PM ROLL CALL Present: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden (remote) Absent: None PLEDGE OF ALLEGIANCE — Led by Councilmember Carr INVOCATION In permitting a nonsectarian invocation, the City does not intend to proselytize or advance any faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation. 5. 20-1687 Kelly Frankiewicz of Leisure World Community UMC in Seal Beach and member of the Greater Huntington Beach Interfaith Council CLOSED SESSION REPORT BY CITY ATTORNEY — None AWARDS AND PRESENTATIONS 6. 20-1850 Mayor Semeta issued a proclamation recognizing September as International Deaf Awareness Month Mr. Vincent Saporito, Special Education Teacher, College View Elementary School, Hard of Hearing Class, and his family, as well as Monroe Sinclair, a student in the Hard of Hearing Class, were invited to the podium to accept the proclamation to recognize Deaf Awareness Month. Mr. Saporito was recognized by the Orange County Department of Education as a Teacher of the Year in 2018. Huntington Beach Police Officer Reyna was the interpreter. American Girl donated two dolls named 17 City Council/Public Financing Authority Regular Meeting Minutes September 8, 2020, Page 3 of 16 Joss, a surfer girl who is hard of hearing, plus books and accessories, which were presented to Mr. Saporito and Ms. Sinclair. Mr. Saporito expressed appreciation for the recognition and gift items. 7. 20-1851 Mayor Semeta recognized the Brightwater Community for their donation to purchase equipment for the Huntington Beach Fire Department John Partington and Kaylene Schultz, representing the Brightwater Community, presented a donation of $4,000 collected from Brightwater residents as appreciation for the successful efforts of the Huntington Beach Fire Department in controlling the July 26th Bolsa Chica Wetlands fire which came very close to Brightwater homes. The funds will purchase much needed enhanced safety equipment for Huntington Beach firefighters. ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) Pursuant to the Brown “Open Meetings” Act, City Clerk Robin Estanislau announced supplemental communications received by her office following distribution of the Council Agenda packet: Non-Agendized Communications received from Donna Spark, Ruth Ormsby and Stephanie Thomas regarding Trinidad Beach. City Manager's Report #8 (20-1859) PowerPoint Communication titled Ascon Landfill Site Update submitted by Assistant City Manager, Travis Hopkins. #9 (20-1860) PowerPoint Communication titled City of Huntington Beach - COVID-19 Response Update submitted by City Manager, Oliver Chi. Consent Calendar #21 (20-1836) Vote Center Entry Permit (License) from the Registrar of Voters, submitted by City Clerk, Robin Estanislau (address correction for Rodgers Seniors’ Center). #21 (20-1836) Inter-Department Communication and Vote Center Entry Permit (License) Agreement requesting to add a drive-thru ballot drop off option at the Huntington Beach Central Library submitted by City Clerk, Robin Estanislau. #23 (20-1853) Email communication received from Pat Quintana regarding legislation pending before Congress not including SB1159. Administrative Items #28 (20-1854) Aerial Maps of Third Block (Open/Closed) submitted by Travis Hopkins, Assistant City Manager. #28 (20-1854) Nineteen (19) email communications supporting the extension of the temporary closure of the 2nd block of Main St. received from: Leslie Adams Rich Black Charlie and Margie Bunten Cheryl Erickson David and Sandy Greenhut Fred Lauzier Mike McDonough Samantha Russell Stephen Shepherd Deirdre and Gary Williams Diane Bentley Deirdre Borrego Darrel Cohoon Cheryl Erlich Jim Hall Jennifer Marsden Larry and Patty Orcholski Amanda Shepherd Vince Sipkovich 18 City Council/Public Financing Authority Regular Meeting Minutes September 8, 2020, Page 4 of 16 Councilmember Items #29 (20-1855) Email communications received from Jennifer Parsons, Julie Dunbar, and Donna Dillon supporting prohibiting the repair and sale of bicycles/bicycle parts on public property. PUBLIC COMMENTS (3 Minute Time Limit) - 8 Call-in Speakers The number [hh:mm:ss] following the speakers' comments indicates their approximate starting time in the archived video located at http://www.surfcity-hb.org/government/agendas. Caller #733, Jean Nagy, President of the Huntington Beach Tree Society, was invited to speak and asked that the HB Tree Society video be played which showed a multitude of projects and volunteers throughout the City, including how the HB Tree Society volunteers contributed over $570,000 in manual labor hours in 2019 to beautify the City. (00:28:46) Caller #133, Amory Hanson, a Candidate for City Council in 2020 and Member of the Historic Resources Board, was invited to speak and stated his support for also allowing in-person speakers at City Council meetings, and opposition to Administrative Item #28 (20-1854) regarding continued closure of the Second and Third Blocks of Main Street during the COVID-19 pandemic. (00:32:46) Caller #036, Stacy Lynne Taylor, a Candidate for the Municipal Water District of Orange County Board of Directors, Division 4, was invited to speak and commended Council for recognizing Deaf Awareness Month, thanked the Fire Department for their services, and outlined her qualifications for the non-partisan Division 4 position. (00:35:05) Caller #979, was invited to speak and stated his support for Administrative Item #28 (20-1854) regarding continued closure of the Second and Third Blocks of Main Street during the COVID-19 pandemic. (00:39:05) Caller #887, Donna Stark, a resident on Trinidad Island, was invited to speak and expressed appreciation for the Marine Safety and Officer presence in the Harbor and suggested some changes, such as continuing HBPD Officer patrols into the evening after the life guards leave at 7 pm, and asked for assistance in addressing the parking issues. (00:40:06) Caller #036, Mike McDonough, was invited to speak and stated his support for Administrative Item #28 (20-1854) regarding continued closure of the Second and Third Blocks of Main Street during the COVID- 19 pandemic. (00:41:57) Caller #663 was invited to speak, and stated support for Administrative Item #28 (20-1854) regarding continued closure of the Second and Third Blocks of Main Street during the COVID-19 pandemic. (00:45:02) Caller #931, Kathryn Levassiur, a resident of Huntington Beach and Founder of the Huntington Beach Short-Term Rental Alliance, was invited to speak and posed questions to Councilmembers and the public related to taxing and regulating the City's short-term rentals. (00:46:18) COUNCIL COMMITTEE — APPOINTMENTS — LIAISON REPORTS, AB 1234 REPORTING, AND OPENNESS IN NEGOTIATIONS DISCLOSURES Mayor Semeta provided an update on the September 3rd Southern California Association of Government (SCAG) meeting to discuss the Regional Transportation Plan and Regional Housing Needs Assessment 19 City Council/Public Financing Authority Regular Meeting Minutes September 8, 2020, Page 5 of 16 (RHNA), and the Orange County delegation's continued request to have RHNA numbers based on actual, realistic statistics. Councilmember Brenden announced his appointment of Bill Crowe to the Planning Commission to fill the unscheduled vacancy created by Michael Grant’s resignation because he no longer resides in Huntington Beach. Councilmember Carr reported attending a Mobile Home Advisory Committee meeting, and reminded the community to complete their Census questionnaire. Councilmember Posey announced his Investment Advisory Board (IAB) appointee, Rita Pitcher, and described her qualifications. He acknowledged Surf City Classics Car Club President Brian Almos and Danno for the recent Annual Cruise for First Responders and Vietnam Veterans, and thanked others who were instrumental in a successful event. CITY MANAGER’S REPORT 8. 20-1859 Ascon Landfill Site Update Assistant City Manager Travis Hopkins presented a PowerPoint communication entitled: Ascon Landfill Site Update and explained that all remediation work remains halted while permits are being processed, and provided the current project contact information. 9. 20-1860 Update of the City’s COVID-19 Response Plan and Actions for Review and Discussion City Manager Oliver Chi, with the assistance of Fire Chief Scott Haberle, presented a PowerPoint communication entitled: COVID-19 Response Update with slides titled: Situational Update U.S. Totals(3), Situational Update California, Situational Update Orange County(2), Local Available Hospital Resources, Situational Update Huntington Beach(2), Situation at a Glance, Huntington Beach City Services Update, Situational Update, Opening up the California Economy, Situational Update, Opening up the California Economy(2), Economic Recovery Update — COVID-19 Small Business Relief Program, Huntington Harbor Operational Update(2), Downtown Safety Update and Questions. CONSENT CALENDAR Councilmember Carr pulled Item #24 (20-1857) for further discussion. 10. 20-1819 Approved and Adopted Minutes A motion was made by Posey, second Delgleize to approve and adopt the City Council/Public Financing Authority regular meeting minutes dated August 3, 2020, as written and on file in the office of the City Clerk. The motion carried by the following vote: AYES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden NOES: None 20 City Council/Public Financing Authority Regular Meeting Minutes September 8, 2020, Page 6 of 16 11. 20-1765 Received and filed City Clerk’s quarterly listing of professional services contracts filed in the City Clerk’s office between January 1, 2020 and June 30, 2020 A motion was made by Posey, second Delgleize to receive and file the "List of Professional Services Contracts Approved by Department Heads and Submitted to the Office of the City Clerk during the period of January 1, 2020 and March 31, 2020;" and, receive and file the "List of Professional Services Contracts Approved by Department Heads and Submitted to the Office of the City Clerk during the period of April 1, 2020 and June 30, 2020." The motion carried by the following vote: AYES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden NOES: None 12. 20-1830 Adopted Resolution No. 2020-55 authorizing the City Treasurer Alisa Backstrom and her successors in office, Deputy City Treasurer (Joyce M. Zacks) and his/her successors in office, Chief Financial Officer (Dahle Bulosan) and his/her successors in office, and Assistant Chief Financial Officer (Sunny Rief) and his/her successors in office to make deposits and withdrawals on behalf of the City A motion was made by Posey, second Delgleize to adopt Resolution No. 2020-55, "A Resolution of the City Council of the City of Huntington Beach, Authorizing Investment of Monies in the Local Agency Investment Fund;" City Treasurer Alisa Backstrom and her successors in office, Deputy City Treasurer (Joyce M. Zacks) and his/her successors in office, Chief Financial Officer (Dahle Bulosan) and his/her successors in office, and Assistant Chief Financial Officer (Sunny Rief) and his/her successors in office. The motion carried by the following vote: AYES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden NOES: None 13. 20-1832 Approved and authorized execution of Grant Agreement No. PT21028 with the California Office of Traffic Safety (OTS) for the Selective Traffic Enforcement Program (STEP) in the amount of $845,300 for the period 10/1/2020 to 9/30/2021, approved appropriations, and authorized the Chief of Police to establish a separate business unit for the grant funds A motion was made by Posey, second Delgleize to approve and accept the OTS STEP grant agreement #PT21028 between the OTS and the City of Huntington Beach for $845,300; and, authorize the Chief of Police to execute the grant agreement with OTS; and, approve appropriations and estimated revenue source in the amount of $845,300; and, establish a separate business unit for this funding and authorize the Chief of Police to expend up to a total of $845,300, plus accrued interest, on the Selective Traffic Enforcement Program (STEP) grant. The motion carried by the following vote: AYES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden NOES: None 21 City Council/Public Financing Authority Regular Meeting Minutes September 8, 2020, Page 7 of 16 14. 20-1839 Approved and authorized execution of Amendment No. 1 to the Services Agreement with Turbo Data Systems, Inc. for parking citation payment processing services extending the term to September 1, 2021 A motion was made by Posey, second Delgleize to approve and authorize the Mayor and City Clerk to execute the "Amendment No. 1 to Service Agreement between the City of Huntington Beach and Turbo Data Systems, Inc. for Parking Citation Payment Processing Services." The motion carried by the following vote: AYES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden NOES: None 15. 20-1840 Approved the Purchase of Parking Meters and Associated Service Agreement between the City of Huntington Beach and MacKay Meters Inc. A motion was made by Posey, second Delgleize to approve the purchase of MacKay parking meters and associated Gateway/Hosting services in the amount of $446,827; and, authorize the Mayor and City Clerk to execute the Service Agreement between the City of Huntington Beach and MacKay Meters, Inc., for Gateway/Hosting services. The motion carried by the following vote: AYES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden NOES: None 16. 20-1755 Approved and authorized execution of a Cooperative Agreement with the Orange County Transportation Authority (OCTA) and the Cities of Westminster, Fountain Valley, and Santa Ana for a traffic signal synchronization project along Edinger Avenue A motion was made by Posey, second Delgleize to approve and authorize the Mayor and City Clerk to execute, "Cooperative Agreement No. C-0-2037 between Orange County Transportation Authority and Cities of Fountain Valley, Huntington Beach, Santa Ana and Westminster for Edinger Avenue Regional Traffic Signal Synchronization Program Project." The motion carried by the following vote: AYES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden NOES: None 17. 20-1756 Approved and authorized execution of a Cooperative Agreement with the Orange County Transportation Authority (OCTA) and the Cities of Fountain Valley and Santa Ana for a traffic signal synchronization project along Warner Avenue A motion was made by Posey, second Delgleize to approve and authorize the Mayor and City Clerk to execute, "Cooperative Agreement No. C-0-2039 between Orange County Transportation Authority and Cities of Fountain Valley, Huntington Beach and Santa Ana for Warner Avenue Regional Traffic Signal Synchronization Program Project." 22 City Council/Public Financing Authority Regular Meeting Minutes September 8, 2020, Page 8 of 16 The motion carried by the following vote: AYES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden NOES: None 18. 20-1757 Approved and authorized execution of a Cooperative Agreement with the Orange County Transportation Authority (OCTA) and the Cities of Fountain Valley and Santa Ana for a traffic signal synchronization project along Talbert Avenue/MacArthur Boulevard A motion was made by Posey, second Delgleize to approve and authorize the Mayor and City Clerk to execute, "Cooperative Agreement No. C-0-2038 between Orange County Transportation Authority and Cities of Fountain Valley, Huntington Beach and Santa Ana for MacArthur Boulevard/Talbert Avenue Regional Traffic Signal Synchronization Program Project." The motion carried by the following vote: AYES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden NOES: None 19. 20-1809 Approved and authorized execution of a three year Professional Services Contract in the amount of $900,000 with Enterprise Automation to provide On Call Engineering Services for Water and Wastewater SCADA Systems A motion was made by Posey, second Delgleize to approve and authorize the Mayor and City Clerk to execute the "Professional Services Contract Between the City of Huntington Beach and Enterprise Automation for On-Call Engineering Services for Water and Wastewater SCADA Systems." The motion carried by the following vote: AYES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden NOES: None 20. 20-1829 Approved and authorized execution of a Memorandum of Understanding (MOU) with the Orange County Transportation Authority (OCTA) for the Pilot Regional Signal Performance Measure Project A motion was made by Posey, second Posey to approve and authorize the Director of Public Works and City Clerk to execute "Memorandum of Understanding No. C-0-2441 between Orange County Transportation Authority and the City of Huntington Beach for The Pilot Regional Signal Performance Measure Project." The motion carried by the following vote: AYES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden NOES: None 23 City Council/Public Financing Authority Regular Meeting Minutes September 8, 2020, Page 9 of 16 21. 20-1836 Approved and authorized execution of Vote Center Entry Permit (License) Agreements with the County of Orange for use of certain City facilities as five-day Vote Centers for the November 3, 2020, General Municipal Election A motion was made by Posey, second Delgleize to approve and authorize the City Manager to execute the Orange County Registrar of Voters "Vote Center Entry Permit (License) Agreements" approved as to form by the City Attorney for use of the following sites as five-day Vote Centers: Huntington Beach Civic Center, Meeting Room B-7, 2000 Main Street, Huntington Beach from Friday, October 30, 2020 through Tuesday, November 3, 2020; and, Huntington Beach Central Library, Rooms C/D, 7111 Talbert Avenue, Huntington Beach from Friday, October 30, 2020 through Tuesday, November 3, 2020; and, Huntington Beach City Gym and Pool, 1600 Palm Avenue, Huntington Beach from Friday, October 30, 2020 through Tuesday, November 3, 2020; and, Main Street Branch Library, Blue Room, 525 Main Street, Huntington Beach from Friday, October 30, 2020 through Tuesday, November 3, 2020; and, Edison Community Center, Studio, 21377 Magnolia Street, Huntington Beach from Friday, October 30, 2020 through Tuesday, November 3, 2020; and, Michael E. Rodgers Senior Outreach Center, Auditorium, 1706 Orange Avenue, Huntington Beach from Friday, October 30, 2020 through Tuesday, November 3, 2020; and, Murdy Community Center, Studio, 1900 Norma Drive, Huntington Beach from Friday, October 30, 2020 through Tuesday, November 3, 2020, as amended by supplemental communication (added drive-thru option at Huntington Central Library). The motion carried by the following vote: AYES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden NOES: None 22. 20-1845 Approved and authorized execution of a Five-Year License Agreement with Southern California Edison (SCE) for use of 2.48 acres of land southeast of Atlanta Avenue and Brookhurst Street to be used as a Community Garden A motion was made by Posey, second Delgleize to approve the License Agreement with Southern California Edison for the use of the 2.48 acre parcel to be used for the Huntington Beach Community Garden (HBCG), and authorize the Mayor and City Clerk to execute all documents necessary to execute this transaction. The motion carried by the following vote: AYES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden NOES: None 23. 20-1853 City Council Position on Legislation Pending Before Congress and the State Legislature as Recommended by the City Council Intergovernmental Relations Committee (IRC) A motion was made by Posey, second Delgleize to approve a City position of Oppose on Assembly Bill 685 (Reyes) — Requires occupational safety notification if an employee is exposed to COVID-19; and, approve a City position of Oppose on Assembly Bill 2967 (O'Donnell) — Prohibits contracting agencies from amending their contracts with CalPERS to exclude groups of employees; and, approve a City position of Oppose on Assembly Bill 3269 (Chiu) — State and local agencies: homelessness plan. 24 City Council/Public Financing Authority Regular Meeting Minutes September 8, 2020, Page 10 of 16 The motion carried by the following vote: AYES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden NOES: None 24. 20-1857 City Council consideration and adoption of a position on Assembly Bill 2287 (Eggman and Ting) Councilmember Carr pulled this item to discuss her knowledge of the bill, but stated that she needed more information and asked why it did not go through the Intergovernmental Relations Committee (IRC) for proper vetting. A motion was made by Carr, second Posey to Adopt an Oppose send to IRC for a position on AB 2287 (Eggman and Ting), unless the bill is amended to reinstate the "marine degradable" provision and standard to assess the marine degradability of plastic products. Discussion ensued. Mayor Semeta and Community Development Director Luna-Reynosa acknowledged that legislative issues typically filter through the IRC, but explained that this particular item had a timing issue, and Director Reynosa read a communication received on August 28, 2020 after the IRC had met that explained the importance of providing support for the bill. Mayor Semeta explained her understanding that the recommendation discussed during Agenda Review was to present the item as "support if amended," not "oppose unless amended". A substitute motion was made by Hardy, second Carr, to adopt an Oppose Support position on AB 2287 (Eggman and Ting), unless if the bill is amended to reinstate the "marine degradable" provision and standard to assess the marine degradability of plastic products. The substitute motion carried by the following vote: AYES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden NOES: None 25. 20-1820 Adopted Ordinance No. 4218 amending Huntington Beach Municipal Code Chapters 10.50 and 10.52 relating to City Pay Parking Lots and Off-Street City Parking Lots Approved for introduction August 3, 2020 - Vote: 6-0-1 (Peterson absent) A motion was made by Posey, second Delgleize to adopt Ordinance No. 4218, "An Ordinance of the City of Huntington Beach Amending Huntington Beach Municipal Code Chapters 10.50 and 10.52 Relating to City Pay Parking Lots and Off-Street Lots." The motion carried by the following vote: AYES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden NOES: None 25 City Council/Public Financing Authority Regular Meeting Minutes September 8, 2020, Page 11 of 16 PUBLIC HEARING 26. 20-1784 Approved for introduction Ordinance No. 4211 approving Zoning Map Amendment No. 20-001 to rezone property located at 311 17th Street (Nguyen Properties) Ursula Luna-Reynosa, Director of Community Development, introduced Tess Nguyen, Associate Planner, who presented a PowerPoint communication entitled: Nguyen Properties, Zoning Map Amendment No. 20-001 with slides titled: Subject Site, ZMA Request, Background, Analysis, and Recommendation. Mayor Pro Tem Hardy confirmed with Planner Nguyen that any project on these parcels would be single- family residences. Mayor Semeta opened the Public Hearing for this item. City Clerk Estanislau announced there were no call-in speakers. Pursuant to the Brown "Open Meetings" Act, the City Clerk Robin Estanislau announced supplemental communications received for this item by her office following distribution of the Council Agenda packet: A PowerPoint Communication titled Nguyen Properties submitted by Tess Nguyen, Associate Planner. Mayor Semeta closed the Public Hearing. A motion was made by Delgleize, second Peterson to approve Zoning Map Amendment No. 20-001 with findings (Attachment 1), and after reading of title by the City Clerk, approve for introduction Ordinance No. 4211, "An Ordinance of the City of Huntington Beach Amending District Map 10 (Sectional Map 10- 6-11) of the Huntington Beach Zoning and Subdivision Ordinance to Rezone the Real Properties Located at 311 17th Street (APN # 023-156-13 and APN # 023-156-14) from Commercial General (CG) to Residential Medium High Density - Subdistrict (RMH-A) (Zoning Map Amendment No. 20-001)" (Attachment 2). The motion carried by the following vote: AYES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden NOES: None 27. 20-1834 Public Hearing held; adopted Resolution No. 2020-50 approving an Annual Assessment within the Huntington Beach Downtown Business Improvement District (DTBID) for Fiscal Year 2020-2021, and authorized appropriation of funds Deputy Director of Community Development Steve Holtz presented a PowerPoint communication entitled 2020-2021 Downtown Business Improvement District Renewal with slides titled: Downtown BID, Annual Assessment, 2019-2020 Accomplishments, 2020-2021 Goals, Proposed Budget(2), and Public Hearing. Councilmember Posey and DTBID Executive Director Sarah Kruer discussed ways to expand the digital database which is currently in a clean-up and coordination process. Director Kruer also explained the current effort to expand social media communications. Councilmember Posey stated his concern regarding communication with business owners, and respectfully requested that before next year the 26 City Council/Public Financing Authority Regular Meeting Minutes September 8, 2020, Page 12 of 16 database be accurately updated to reflect email address and direct contact information for each business principal. Councilmember Delgleize stated support for Councilmember Posey's request that the DTBID database consist of current and accurate details for all business principals as soon as possible. Mayor Semeta expressed her support and excitement for the changes expected from Director Kruer's leadership. Mayor Semeta opened the Public Hearing for this item. Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced supplemental communications received by her office following distribution of the Council agenda packet: A PowerPoint communication titled 2020-2021 Downtown Business Improvement District Renewal submitted by Deputy Director of Community Development, Steve Holtz. City Clerk Robin Estanislau announced that if protests total less than 50% of the total assessment amount, the City Council can approve the proposed Business Improvement District. If more than 50% of the total assessment is protested, the City Council cannot form the Business Improvement District or consider it further for one year. City Clerk Estanislau stated there were no call-in speakers. Mayor Semeta confirmed with City Clerk Estanislau that no protests had been withdrawn. City Clerk Estanislau reported that the percentage of assessments protested for the Downtown BID is .30%, or $351 of the $116,271 projected assessment amount, and that protests were received from one (1) of the two hundred and seventy-four (274) businesses in the Business Improvement District boundaries. Mayor Semeta closed the Public Hearing. A motion was made by Posey, second Hardy to conduct the Public Hearing; and, if protests of at least 50% are not received, adopt Resolution No. 2020-50, "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 2020-2021." The motion carried by the following vote: AYES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden NOES: None ADMINISTRATIVE ITEMS 28. 20-1854 Approved the Duration of the Closure of the Second and Third Block of Main Street for Restaurant / Retail Use During the COVID-19 Pandemic City Manager Oliver Chi presented a PowerPoint communication entitled: Downtown Street Closures with slides titled: Background, Second Block of Main Street Update (3), Third Block of Main Street Update (3), Third Block Options — Current Street Configuration, Diagram of Current Setup With Street 27 City Council/Public Financing Authority Regular Meeting Minutes September 8, 2020, Page 13 of 16 Closure, Third Block Options — Reopening the Street While Maintaining Outdoor Options, Potential Diagram of Setup if Street Reopened, Second Block of Main Street Update, City Council Options, and Questions. Councilmember Posey explained his opinion that the third block was closed to traffic just a month ago, and his observation that transference of energy has not yet migrated to the third block, possibly because the water barriers create a physical and visual barrier to moving from the second block to the third block. Councilmember Posey suggested possibly camouflaging the water barriers and utilizing live music at selected times at both north and south ends of the closed blocks as enhancements, and stated support for keeping third block closed to traffic. He believes the Council needs to continue being proactive in supporting opportunities for business success and not rely upon government mandates which sometimes change from day to day. Councilmember Delgleize stated support for keeping the third block closed to vehicular traffic until the end of the year to allow more time to gain popularity and give business owners more opportunities for success. Mayor Pro Tem Hardy stated her support for the statements made by Councilmembers Posey and Delgleize, including the suggestion for live entertainment. She also reported that the great majority of communication from the impacted businesses, as well as residents visiting the area, support what is currently being offered on Main Street. Councilmember Carr stated support for the previous councilmember comments, acknowledged retailers on the third block, and suggested that it remain closed through Oct. 31 and then be re-evaluated based on the disposition of closure, and the wants and needs of the third block businesses. In the meantime, she suggested that everyone focus on ways to attract more people to the third block of Main Street. Councilmember Peterson stated he is not enthusiastic about keeping the third block closed to vehicles just because of the different types of businesses in that block, and suggested that the third block business owners determine if the closure should be continued. Councilmember Brenden stated his support for continued outdoor dining opportunities with street closure (especially for the second block), and suggested that not only the BID Board, but also residents, be surveyed for their opinions, and supports extending the program to at least the end of the year. He also described a survey included in a recent newsletter that provided closure options on Main Street, and described the results. Mayor Semeta stated support for making changes to the water barriers so the third block of Main Street is more inviting to pedestrians, and her understanding that a majority of affected businesses are supporting the plan for continued street closure on the second block. She also expressed appreciation to business owners that support whatever benefits a majority of businesses in the downtown. Councilmember Posey stated his support for keeping the second and third blocks of Main Street closed to vehicular traffic until the end of the year, and asked that City Manager Chi provide an emailed report every 2 – 3 weeks to update Council on changes made and whether or not the businesses are continuing to thrive. City Manager Chi stated that over 80 emergency permits have been issued; another dozen are in process, and even with the recent State change to allow 25% indoor capacity most businesses will continue to offer outside dining for the next couple of months. 28 City Council/Public Financing Authority Regular Meeting Minutes September 8, 2020, Page 14 of 16 A motion was made by Posey, second Delgleize to authorize the City Manager to extend the temporary closure of the 2nd block of Main Street through at least December 31, 2020; and, maintain the 3rd block closure of Main Street to vehicle traffic in coordination with the determination made on the 2nd block of Main Street, as amended to request that beginning in October, Council shall receive 3rd Block activity/ progress updates to assess continuance of 3rd block closure to year’s end. Councilmember Carr stated support for those businesses who expect consistency, which means that both blocks are open, or they are closed, because in her opinion the changing guidelines from open, to closed again, are detrimental. A substitute motion was made by Carr, second Peterson to authorize the City Manager to extend the temporary closure of the 2nd block of Main Street through December 31, 2020; and the temporary closure of the 3rd block of Main Street through October 31, 2020, with Council to re-evaluate at their October 19, 2020 meeting. Councilmember Brenden clarified that the BID Board has not taken any official position related to the Third Block, but informally has expressed support. Councilmembers Posey and Delgleize reiterated their support for options A-1 and B-1 as amended to request that beginning in October, Council shall assess continuance of 3rd block closure to year’s end. Action on the substitute motion failed by the following vote: AYES: Peterson, Carr, and Brenden NOES: Posey, Delgleize, Hardy, and Semeta The original motion by Posey, seconded Delgleize to authorize the City Manager to extend the temporary closure of the 2nd block of Main Street through at least December 31, 2020 carried by the following vote: AYES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden NOES: None The original motion by Posey, seconded Delgleize to maintain the 3rd block closure of Main Street to vehicle traffic in coordination with the determination made on the 2nd block of Main Street, as amended to request that beginning in October, Council shall receive 3rd Block activity/ progress updates to assess continuance of 3rd block closure to year’s end, carried by the following vote: AYES: Posey, Delgleize, Hardy, Semeta, Carr, and Brenden NOES: Peterson COUNCILMEMBER ITEMS 29. 20-1855 Submitted by Councilmember Brenden — Development of Regulations Prohibiting the Repair and Sale of Bicycles / Bicycle Parts on Public Property 29 City Council/Public Financing Authority Regular Meeting Minutes September 8, 2020, Page 15 of 16 Councilmember Brenden explained that a resident brought this solution to his attention, that bike theft is rampant in Huntington Beach, that the Police Department is working hard to intervene, and he sees this action as one way to make a dent in the underground network of bicycle chop shops. Councilmember Delgleize expressed her support and confirmed the intended action would be directed to someone selling bicycle parts at the park, but would have no effect on someone selling bicycle parts from a private residence yard sale. Councilmember Brenden and City Attorney Michael Gates clarified that this item will most likely result in an ordinance that will be brought back to Council for further discussion. Councilmember Posey and Assistant Police Chief Kelly Rodriguez discussed hypothetical situations and police officer policies for stopping someone suspected of having a stolen bike, and Assistant Chief Rodriguez confirmed approving this action could result in another good tool for police use. A motion was made by Brenden, second Hardy to recommend that the City Council direct the City Manager to prepare the regulations necessary to enact a prohibition on the repair and sale of bicycles / bicycles parts on public property in Huntington Beach. The motion carried by the following vote: AYES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden NOES: None COUNCILMEMBER COMMENTS (Not Agendized) Councilmember Brenden thanked Steve Schmidt for bringing to his attention a means to address the issue of stolen bikes; thanked Michael Grant for his service on the Planning Commission since 2017 and expressed appreciation to Bill Crowe for agreeing to serve the remaining term; commended the Human Relations Task Force for their Virtual Community Summit in August and their refreshing approach in addressing topics of current concern; thanked everyone who sent their get well wishes and prayers of healing last week during his time in the hospital; and wished his wife, Antoinette, Happy Birthday next week. Councilmember Carr expressed appreciation for the Human Relations Task Force Virtual Community Summit and specifically the participation of Assistant Police Chief Kelly Rodriguez. She thanked Fire Chief Haberle and Captain Justin Fleming for making the Junior Lifeguard Program possible this summer, and appreciation to City Manager Chi and staff for the Navigation Center groundbreaking event. Mayor Pro Tem Hardy stated appreciation for the Human Relations Task Force Virtual Community Summit and commended Assistant Police Chief Kelly Rodriguez for her important participation; reported participating in the Navigation Center groundbreaking ceremony as well as the Junior Lifeguard Program graduation ceremony; and presenting a commendation to Adam “Bushman” Orozco for his help with Graffiti Removal at Rockin Fig’s Surf Headquarters. Councilmember Posey thanked Huntington Beach artist Melissa Murphy for her "Spread Positive Vibes" face masks, producing 45,000 of them, and distributing for free. He reported participating in the Navigation Center groundbreaking ceremony and looks forward to updates at future Council meetings. He also encouraged residents to watch the upcoming Chamber of Commerce Candidate Forum. 30 City Council/Public Financing Authority Regular Meeting Minutes September 8, 2020, Page 16 of 16 Councilmember Delgleize thanked the Human Relations Task Force and Task Force Chair Natalie Moser for their Virtual Community Summit; thanked City Manager Chi and Assistant City Manager Hopkins for the successful Navigation Center groundbreaking ceremony; and reported connecting Ms. Ryan, a resident of Huntington Beach, with Orange County Transportation Authority (OCTA) personnel to address McFadden Bridge issues during the current 405 Freeway expansion effort. Mayor Semeta expressed her pride in the Fire and Lifeguard Departments for the successful Junior Lifeguard Program this summer in spite of the COVID-19 restrictions; reported that the Tee It Up for the Troops fundraiser resulted in $210,000 for supporting various wounded veteran organizations; thanked everyone involved in the successful Navigation Center groundbreaking ceremony; presenting a commendation to Marina High School student Amy Tran as the recipient of the Kiwanis sponsored Bob Gibbons Youth Inspiration Award to acknowledge her community projects; and reminded everyone that the Boys and Girls Club on-line auction is coming up on October 3, 2020, and encouraged auction item donations as well as participating in the event. At 9:10 PM the Council recessed to Closed Session to continue discussion on Item No. 4 (20-1846) - Labor Negotiations. ADJOURNMENT at 9:55 PM to the next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority on Monday, September 21, 2020, at 4:00 PM in the Civic Center Council Chambers, 2000 Main Street, Huntington Beach, California. INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA AND STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT http://www.huntingtonbeachca.gov __________________________________________ City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach and Secretary of the Public Financing Authority of the City of Huntington Beach, California ATTEST: ______________________________________ City Clerk-Secretary ______________________________________ Mayor-Chair 31 Minutes City Council/Public Financing Authority City of Huntington Beach Monday, September 21, 2020 5:00 PM - Council Chambers 6:00 PM - Council Chambers Civic Center, 2000 Main Street Huntington Beach, California 92648 A video recording of the 6:00 PM portion of this meeting is on file in the Office of the City Clerk, and archived at www.surfcity-hb.org/government/agendas/ 5:00 PM - COUNCIL CHAMBERS CALL TO ORDER — 5:00 PM ROLL CALL Pursuant to Resolution 2001-54, Councilmember Brenden requested, and was granted permission to be absent. Present: Posey, Delgleize, Hardy, Semeta, Peterson, and Carr Absent: Brenden ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS PERTAINING TO CLOSED SESSION ITEMS (Received After Agenda Distribution) — None PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS (3 Minute Time Limit) — None A motion was made by Posey, second Delgleize, to recess to Closed Session for Items 1 and 2. With no objections, the motion carried. RECESSED TO CLOSED SESSION — 5:02 PM CLOSED SESSION 1. 20-1890 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION. Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9: Number of cases, two (2). 2. 20-1894 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION. Initiation of Litigation Pursuant to Paragraph (4) of Subdivision (d) of Section 54956.9 (Deciding Whether to Initiate Litigation): Number of cases, one (1). 32 Council/PFA Regular Minutes September 21, 2020 Page 2 of 15 6:00 PM - COUNCIL CHAMBERS RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING — 6:15 PM ROLL CALL Pursuant to Resolution 2001-54, Councilmember Brenden requested, and was granted permission to be absent. Present: Posey, Delgleize, Hardy, Semeta, Peterson, and Carr Absent: Brenden PLEDGE OF ALLEGIANCE — Led by Councilmember Peterson. INVOCATION In permitting a nonsectarian invocation, the City does not intend to proselytize or advance any faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation. 3. 20-1686 Mike Michaud of Dance 4 Joy Ministries and member of the Greater Huntington Beach Interfaith Council CLOSED SESSION REPORT BY CITY ATTORNEY — None AWARDS AND PRESENTATIONS 4. 20-1870 Mayor Semeta presented the Making A Difference Award to Robert Mayer, Sr. Mayor Semeta honored Mr. Robert Mayer, Sr., Founder, Robert Mayer Corporation, Developer, Owner and Operator of The Waterfront Beach Resort by Hilton Hotel and The Hyatt Regency Resort and Spa, for donating $100,000 to the One HB Business Support Campaign to provide $5,000 micro-grants to small businesses impacted by COVID-19. Robert Mayer, Sr. also established the Robert Mayer Leadership Academy to facilitate the growth of community leaders through lessons in integrity, vision, and personal responsibility. Robert Mayer, Sr. also recently donated $2M to the Boys and Girls Clubs of Huntington Valley to allow operations to continue during the pandemic. Mr. Mayer, Sr., expressed his appreciation for the acknowledgement and thanked the City Council. Tim Whitacre, representing County Supervisor Michelle Steel, presented a Lifetime Achievement Award to Mr. Mayer, Sr., to acknowledge the major impact he has had on all of Orange County. Mr. Whitacre also presented a commendation from Supervisor Steel to the City Council in honor of their demonstrated leadership and steadfast commitment to navigating Huntington Beach through the COVID- 19 pandemic. 5. 20-1751 Mayor Semeta to call on Victoria Alberty to present the "Adoptable Pet of the Month" 6. 20-1844 Mayor Semeta recognized Hispanic Heritage Month, celebrated nationwide from September 15 to October 15 33 Council/PFA Regular Minutes September 21, 2020 Page 3 of 15 Mayor Semeta invited Ms. Tony Gregory and Ms. Julisa Butran, representatives of Scholars' Hope Foundation, to acknowledge the Foundation's efforts in the Oak View Community for the last 20 years. Ms. Gregory stated that one-hundred percent (100%) of the students participating in their program graduate from high school and ninety-six percent (96%) continue with a higher education. Ms. Butran, a senior at Ocean View High School, expressed appreciation for the motivation, tools and guidance that Scholars' Hope Foundation has provided during her educational experience. 7. 20-1869 Mayor Semeta presented the Mayor’s HB Excellence Award to Community Services Recreation Supervisor, Kristin Martinez Mayor Semeta acknowledged Kristin Martinez, Community Services Recreation Supervisor at the Senior Center in Central Park, who was selected by her co-workers to receive this Mayor's HB Excellent Award. Kristin was described as humbly inspiring her team to develop ways to stay connected with the senior community even when the Senior Center's doors are closed during the pandemic. Kristin introduced her family, thanked them for their support as well as her Senior Center team members. ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) Pursuant to the Brown “Open Meetings” Act, City Clerk Robin Estanislau announced supplemental communications received by her office following distribution of the Council Agenda packet. City Manager’s Report #9 (20-1887) PowerPoint communication submitted by Travis Hopkins, Assistant City Manager, titled Ascon Landfill Site Update #10 (20-1888) PowerPoint communication submitted by Oliver Chi, City Manager, titled City of Huntington Beach – COVID-19 Response Update #10 (20-1888) Email communication received from Pat Quintana related to SB1159 #11 (20-1889) PowerPoint communication submitted by Chris Slama, Director of Community Services, titled Community Services Department – Summer 2020 Recap City Clerk’s Report #12 (20-1874) National Voter Registration Day announcement submitted by Robin Estanislau, City Clerk Administrative Items #22 (20-1884) PowerPoint communication submitted by Chris Slama, Director of Community Services, titled Huntington Central Park West Playground #23 (20-1837) PowerPoint communication submitted by Tess Nguyen, Associate Planner, titled Short- Term Rental Analysis & Recommended Approaches #23 (20-1837) Thirty-four (34) email communications regarding short-term rentals received from: Alison Andrews Alex B. Thomas Brown Pauline & Claudine Burnett Chuck Burns (2) Michelle Burns 34 Council/PFA Regular Minutes September 21, 2020 Page 4 of 15 Cathi Crouch Cheryl Elliot Georgia Guerrero David Guido Chris Hart Judy Hicks Kevin Hunold Albert Leung Kathyrn Levassiur Pat & Shelly Love Carlos Martinez Hildy Meyers Ellen Riley (2) Indra Lars Sahanaja Richard & Judy Taylor Susan Tilou Georgina Troxell Lisa Wellman Scott Wellman Jean Young Kreshnik Begolli Patricia Byers Eric Halsey Judy Jew Richard de Sam Lazaro TrudyLe Clair & Raymond Bradley Beverly Sanson Councilmember Items #24 (20-1883) Letter received from Dan Kalmick regarding possible solutions overcoming barriers to internet access for low income residents PUBLIC COMMENTS (3 Minute Time Limit) - 23 Call-in Speakers The number [hh:mm:ss] following the speakers' comments indicates their approximate starting time in the archived video located at http://www.surfcity-hb.org/government/agendas. Caller #608, Gerald Catarina, a Downtown resident since 1980, was invited to speak and stated his opposition to Administrative Item #23 (20-1837) regarding an Ordinance regulating Short-Term Rentals (STRs). (00:38:53) Catarina Burch, research intern and Occidental College student, was invited to speak and stated her opposition to Administrative Item #23 (20-1837) regarding an Ordinance regulating Short-Term Rentals (STRs). (00:41:39) Dan Kalmick, a Planning Commissioner and Candidate for City Council in 2020, was invited to speak and stated his support, and possible solutions, for Councilmember Item #24 (20-1883) regarding development of an Internet Access Pilot Program. (00:42:51) Caller #696, Amy, a Burlington, VT, short-term rental owner, and a many-time visitor to Huntington Beach, was invited to speak and stated her support for Administrative Item #23 (20-1837) regarding an Ordinance regulating Short-Term Rentals (STRs). (00:46:18) Caller #347, Justin Frazier, was invited to speak and stated he was outside Council Chambers and requested a blue card. Staff delivered the blue card, and advised that an email to city.council@surfcity- hb.org would reach all Councilmembers. (00:50:40) Caller #092, Judy, a resident of Sunset Beach, was invited to speak and asked questions about Administrative Item #23 (20-1837) regarding an Ordinance regulating Short-Term Rentals (STRs), and she was advised to submit her questions via email as dialogue with Councilmembers is not permitted during Public Comments. (00:51:49) Amory Hanson, a member of the Historic Resources Board and Candidate for City Council in 2020, was invited to speak and suggested that Surf City Nights be temporarily moved to Lake Street Park and James Farquhar Park while Main Street is used for outside dining and shopping during the COVID-19 pandemic. (00:54:10) Caller #251 was invited to speak and stated her support for Administrative Item #23 (20-1837) regarding an Ordinance regulating Short-Term Rentals (STRs). (00:55:26) 35 Council/PFA Regular Minutes September 21, 2020 Page 5 of 15 Caller #401, Albert Levassiur, husband of Kathryn, Founder of the Huntington Beach Short-Term Alliance, was invited to speak and stated his support for Administrative Item #23 (20-1837) regarding an Ordinance regulating Short-Term Rentals (STRs). (00:57:55) Kathryn Levassiur, a long-time resident of Huntington Beach and Founder, Huntington Beach Short-Term Rental Alliance, was invited to speak and stated her support for Administrative Item #23 (20-1837) regarding an Ordinance regulating Short-Term Rentals (STRs), as well as support for Councilmember Item #24 (20-1883) regarding development of an Internet Access Pilot Program. (00:59:19) Michael Low, owner of an Air B&B in Sunset Beach for three years, was invited to speak and stated his support for Administrative Item #23 (20-1837) regarding an Ordinance regulating Short-Term Rentals (STRs). (01:02:20) Shereen Elhusseini, a new homeowner in Huntington Beach, was invited to speak and stated her support for Administrative Item #23 (20-1837) regarding an Ordinance regulating Short-Term Rentals (STRs). (01:04:05) Nora Giralt, a resident of Long Beach, was invited to speak and stated her support for Administrative Item #23 (20-1837) regarding an Ordinance regulating Short-Term Rentals (STRs). (01:05:22) Chris Lungren, a life-time resident of Huntington Beach, was invited to speak and stated his opposition to Administrative Item #23 (20-1837) regarding an Ordinance regulating Short-Term Rentals (STRs). (01:07:18) Steve Nguyen, a 42-year resident of Huntington Beach and short-term rental host, was invited to speak and stated his support for Administrative Item #23 (20-1837) regarding an Ordinance regulating Short- Term Rentals (STRs). (01:08:28) Mirta Seitz was invited to speak and stated her support for Administrative Item #23 (20-1837) regarding an Ordinance regulating Short-Term Rentals (STRs). (01:11:59) Jonah Breslau, speaking on behalf of the Hospitality Workers Union, Local 11, was invited to speak and stated his opposition to Administrative Item #23 (20-1837) regarding an Ordinance regulating Short-Term Rentals (STRs). (01:13:24) Myha Nguyen, a new homeowner in Huntington Beach and short-term rental home hostess, was invited to speak and stated her support for Administrative Item #23 (20-1837) regarding an Ordinance regulating Short-Term Rentals (STRs). (01:14:57) Holly Schlange, a homeowner in Sunset Beach and short-term rental home hostess, was invited to speak and stated her support for Administrative Item #23 (20-1837) regarding an Ordinance regulating Short- Term Rentals (STRs). (01:16:55) Judy Jew, owner of a home in Huntington Beach which she would like to use for STRs, was invited to speak and stated her support for Administrative Item #23 (20-1837) regarding an Ordinance regulating Short-Term Rentals (STRs). (01:18:09) 36 Council/PFA Regular Minutes September 21, 2020 Page 6 of 15 Phil Larshan, Huntington Beach homeowner and short-term rental host, was invited to speak and stated his support for Administrative Item #23 (20-1837) regarding an Ordinance regulating Short-Term Rentals (STRs). (01:19:57) Tony Bisson, who grew up in Huntington Beach, was invited to speak and stated his opposition to Administrative Item #23 (20-1837) regarding an Ordinance regulating Short-Term Rentals (STRs). (01:22:20) Jean Young was invited to speak and stated her support for Administrative Item #23 (20-1837) regarding an Ordinance regulating Short-Term Rentals (STRs). (01:25:00) COUNCIL COMMITTEE — APPOINTMENTS — LIAISON REPORTS, AB 1234 REPORTING, AND OPENNESS IN NEGOTIATIONS DISCLOSURES Councilmember Posey reported attending two Vector Control Budget and Finance Committee meetings, discussing investment policies and financial reserves, and served as voting delegate at a LAFCO meeting where discussions were held on two municipal service reviews/spheres of influence. Councilmember Delgleize reported attending an Association of California Cities — Orange County (ACC- OC) meeting to discuss public safety, economics related to the future of shopping and strip malls, and water issues. Mayor Pro Tem Hardy reported that as a member of the League of California Cities, Coastal Cities Leadership Committee, her position will become vacant at the end of her City Council term and encouraged continuing Council members to consider applying if they are interested in issues related to the rising sea level. Currently the Coastal Cities Leadership Committee is working with the Coastal Commission to address rising sea level issues. Mayor Semeta reported on the latest information from the Southern California Association of Government (SCAG) and reconvening the Litigation Committee regarding Regional Housing Needs Allocation (RHNA) numbers which appear to have been double counted for several areas, including Orange County. 8. 20-1747 Council Report/Appointment of a Voting Delegate and Alternate to the League of California Cities Annual Conference and Expo A motion was made by Peterson, second Delgleize to appoint Mayor Semeta to serve as the voting delegate and City Council Member Carr as alternate, to represent the City of Huntington Beach at the 2020 League of California Cities Annual Conference & Expo. The General Assembly will be held virtually on Friday, October 9, 2020. The motion carried by the following vote: AYES: Posey, Delgleize, Hardy, Semeta, Peterson, and Carr NOES: None ABSENT: Brenden 37 Council/PFA Regular Minutes September 21, 2020 Page 7 of 15 CITY MANAGER’S REPORT 9. 20-1887 Ascon Landfill Site Update Assistant City Manager Travis Hopkins reported there is no new activity at the Ascon Landfill Site, and he projected a PowerPoint slide with contact details. 10. 20-1888 Update of the City COVID-19 Response Plan and Actions for Review and Discussion City Manager Chi presented a PowerPoint communication entitled COVID-19 Response Update with slides titled: Situational Update U.S. Totals (2), Situational Update California, Situational Update Orange County (2), Situational Update Huntington Beach, Situation At a Glance, Situational Update Opening up the California Economy, Situational Update Small Business Grant Program, Situational Update COVID- 19 Information Distribution, Situational Update Food Distribution Programs, and Questions. 11. 20-1889 Community Services Director Chris Slama presented a recap of summer 2020 programs, services and events for the department Community Services Director Chris Slama, Community Services Manager Ashley Wysocki and Community Services Manager Chris Cole presented a PowerPoint communication entitled: Community Services Department Summer 2020 Recap with slides titled: Community Services Programs & Services Division, Summer Camp, HB Art Center, Aquatics & Sports, Contract Classes, Senior Center - Human Services, Senior Center - Recreation, Community Services Facilities and Events Division, Specific Events, 4th of July, New Agreements, New Parking Meters, 2021 Events, and Questions. CITY CLERK’S REPORT 12. 20-1874 City Clerk announced National Voter Registration Day, Tuesday, September 22, 2020 City Clerk Robin Estanislau announced the details for the September 22 National Voter Registration Day outreach at the local high schools through their websites this year since the schools are currently teaching remotely due to COVID-19. She explained that the purpose of reaching out to 16 and 17 year old high school students is to educate them on pre-registration so that upon their 18th birthday, they automatically become a registered voter. City Clerk Estanislau also provided details regarding the Orange County vote-by-mail ballots and locations for Huntington Beach ballot drop boxes. More information can be found on the County Registrar's website at www.ocvote.com. Councilmember Delgleize and City Clerk Estanislau discussed utilizing the ocvote.com website to determine where the ballot drop boxes are for any given zip code. Councilmember Carr requested, and City Clerk Estanislau agreed to post a link to ballot drop box locations on the City's Elections Information webpage. CONSENT CALENDAR Mayor Semeta and Councilmember Posey both pulled Consent Calendar Item #20 (20-1886) for discussion. 38 Council/PFA Regular Minutes September 21, 2020 Page 8 of 15 13. 20-1871 Adopted Resolution No. 2020-57 amending the Fiscal Year 2020/21 Budget to carry over unspent appropriations from Fiscal Year 2019/20 for the continuation of Capital Improvement Program (CIP) projects A motion was made by Peterson, second Hardy to adopt Resolution No. 2020-57, "A Resolution of the City Council of the City of Huntington Beach Amending the Fiscal Year 2020/21 Budget to Carry Over Unspent Appropriations from Fiscal Year 2019/20," which incorporates and references the continuation of funding. Exhibit A lists individual capital improvement projects and their respective carryover amounts totaling $16,530,872. The motion carried by the following vote: AYES: Posey, Delgleize, Hardy, Semeta, Peterson, and Carr NOES: None ABSENT: Brenden 14. 20-1567 Adopted Resolution No. 2020-60 amending the City’s Classification Plan, and approved the modified Classification Titles of Marine Safety Officer, Marine Safety Captain, and Marine Safety Battalion Chief A motion was made by Peterson, second Hardy to adopt Resolution No. 2020-60, "A Resolution of the City Council of the City of Huntington Beach Amending the City's Classification Plan and Approve the Modified Classification Titles of Marine Safety Officer, Marine Safety Captain and Marine Safety Battalion Chief." The motion carried by the following vote: AYES: Posey, Delgleize, Hardy, Semeta, Peterson, and Carr NOES: None ABSENT: Brenden 15. 20-1831 Approved and authorized the execution of a License Agreement with Palermo Investments, LLC, for the 401 Main Street Project A motion was made by Peterson, second Hardy to approve and authorize the Mayor and City Clerk to execute and record the "License Agreement Between the City of Huntington Beach and Palermo Investments, LLC, to Provide Installation and Maintenance of Landscaping and Landscaping Improvements in the Public Right-of-Way" for the 401 Main Street Project. The motion carried by the following vote: AYES: Posey, Delgleize, Hardy, Semeta, Peterson, and Carr NOES: None ABSENT: Brenden 16. 20-1833 Approved an Amendment to the Professional Services Contract with Dudek for On- Call Construction Management and Engineering Services 39 Council/PFA Regular Minutes September 21, 2020 Page 9 of 15 A motion was made by Peterson, second Hardy to approve and authorize the Mayor and the City Clerk to execute "Amendment No. 1 to Agreement between the City of Huntington Beach and Dudek for On- Call Construction Management and Engineering Services" to increase the contract amount from $1,500,000 to $1,875,000. The motion carried by the following vote: AYES: Posey, Delgleize, Hardy, Semeta, Peterson, and Carr NOES: None ABSENT: Brenden 17. 20-1872 Approved and authorized execution of the Operational Area Agreement of the County of Orange and Political Subdivisions to comply with Standardized Emergency Management System regulations A motion was made by Peterson, second Hardy to approve and authorize the Mayor and City Clerk to execute, "Operational Area Agreement of the County of Orange and Political Subdivisions." The motion carried by the following vote: AYES: Posey, Delgleize, Hardy, Semeta, Peterson, and Carr NOES: None ABSENT: Brenden 18. 20-1875 Approved the Acquisition and Sale Agreement between the City of Huntington Beach and the Huntington Beach City School District for the acquisition of three portable buildings for use at the City’s Homeless Navigation Center A motion was made by Peterson, second Hardy to authorize the Director of Public Works to execute the "Acquisition and Sale Agreement" with the Huntington Beach City School District for three portable buildings in a form approved by the City Attorney. The motion carried by the following vote: AYES: Posey, Delgleize, Hardy, Semeta, Peterson, and Carr NOES: None ABSENT: Brenden 19. 20-1885 Approved and authorized a One-Year Professional Services Contract Term Extension for as-needed Design/Landscape Architectural Services with RJM Design Group, Inc., as well as a contract increase with a not-to-exceed amount of $500,000; and a One-Year Term Extension with Integrated Consulting Group, Inc. (ICG) A motion was made by Peterson, second Hardy to approve and authorize the Mayor and City Clerk to execute "Amendment No. 1 to Professional Services Contract Between The City of Huntington Beach and RJM Design Group, Inc., for As-Needed Professional Design/Landscape Architectural Services" to increase the contract amount with a not-to-exceed amount of $500,000 and extend the term to November 20, 2021; and, approve and authorize the Mayor and City Clerk to execute "Amendment No. 1 to Professional Services Contract Between The City of Huntington Beach and Integrated Consulting 40 Council/PFA Regular Minutes September 21, 2020 Page 10 of 15 Group, Inc., for As-Needed Professional Design/Landscape Architectural Services" to extend the term to November 20, 2021. The motion carried by the following vote: AYES: Posey, Delgleize, Hardy, Semeta, Peterson, and Carr NOES: None ABSENT: Brenden 20. 20-1886 Authorized the release of a Request for Proposals (RFP) and the formation of an Ad -Hoc Review Committee for the commissioning of a Public Art Element in Huntington Central Park Mayor Semeta introduced this item by providing a brief history, and requested that Councilmember Carr be a member of the ad-hoc HB Central Park Public Art Committee. Councilmember Posey and City Manager Chi discussed the Park Development Impact Fee account, and balance at the end of this Fiscal Year of $3.8 million after this expense. City Manager Chi confirmed that this account has no new revenue sources at this time from developer impact fees. A motion was made by Semeta, second Posey to authorize the release of a Request for Proposals (RFP) to commission a public art component of the Central Library Fountain Restoration project currently included in the FY 2020/21 CIP; and, authorize Mayor Semeta to appoint an ad-hoc Huntington Central Park Public Art Committee to develop a scope of services for the RFP, review the proposals, and recommend to the City Council the final art selection and location. The motion carried by the following vote: AYES: Posey, Delgleize, Hardy, Semeta, Peterson, and Carr NOES: None ABSENT: Brenden 21. 20-1873 Adopted Ordinance No. 4211 approving Zoning Map Amendment No. 20-001 to rezone property located at 311 17th Street (Nguyen Properties) Approved for introduction September 8, 2020 - Vote: 7-0 A motion was made by Peterson, second Hardy to approve Zoning Map Amendment No. 20-001 with findings (Attachment 1) and adopt Ordinance No. 4211, "An Ordinance of the City of Huntington Beach Amending District Map 10 (Sectional Map 10-6-11) of the Huntington Beach Zoning and Subdivision Ordinance to Rezone the Real Properties Located at 311 17th Street (APN # 023-156-13 and APN # 023-156-14) from Commercial General (CG) to Residential Medium High Density - Subdistrict (RMH-A) (Zoning Map Amendment No. 20-001)" (Attachment 2). The motion carried by the following vote: AYES: Posey, Delgleize, Hardy, Semeta, Peterson, and Carr NOES: None ABSENT: Brenden 41 Council/PFA Regular Minutes September 21, 2020 Page 11 of 15 ADMINISTRATIVE ITEMS 22. 20-1884 Approved the Huntington Central Park West Playground Equipment Design Concept City Manager Chi introduced Community Services Director Chris Slama who presented a PowerPoint communication entitled Huntington Central Park West Playground with slides titled; Project Background, Location Map, Proposed Project Area, Existing Conditions, Upper Playground, Lower Playground, Design Simulation, "Risk-Based Play"(8), Backyards Linear Park, Playground Flyover, Project Schedule, and Questions Councilmember Delgleize confirmed with Director Slama that it will take approximately 16 weeks to produce the play equipment and get it on site. Director Slama confirmed that the bathroom upgrades in that area will be completed in approximately two weeks. Mayor Pro Tem Hardy and Director Slama discussed the target age range for the most difficult aspects of the equipment is up to 12 years. Councilmember Posey confirmed with Director Slama the total cost of the Central Park restroom upgrades is approximately $400 – $500K for each restroom, and discussed that the balance of the Parks fund will be depleted after 2022 if Council continues to approve annual expenditures of approximately $4M, and no new development fees come in. Councilmember Carr stated she sees this project as being attractive to families from surrounding cities, that risk-based play equipment is important to child development, and discussed warranty and maintenance concerns with Director Slama. Mayor Semeta expressed her excitement for making this type of equipment available to the community. A motion was made by Peterson, second Delgleize to approve the Huntington Central Park West playground equipment design concept as approved by the Community Services Commission at their September 10, 2020 meeting. The motion carried by the following vote: AYES: Posey, Delgleize, Hardy, Semeta, Peterson, and Carr NOES: None ABSENT: Brenden 23. 20-1837 City Council directed staff to prepare an Ordinance regulating Short-Term Rentals (STRs) Community Development Director Ursula Luna-Reynosa introduced Dave Bergman, Henry Pontarelli and Jennifer Daugherty of Lisa Wise Consulting, attending the meeting remotely, who presented a PowerPoint communication entitled Short-Term Rental Analysis & Recommended Approaches with slides titled: Agenda, Aim or Project, Research and Outreach Process, Huntington Beach Context, Case Studies, Existing Conditions/Data, Short-Term Rentals in Huntington Beach(2), Community Outreach, General Findings(2), Potential Approaches, Framework Recommendations, Low Scenario, Medium Scenario, High Scenario, Potential Fiscal Impacts(2), Next Steps(2), and Discussion. 42 Council/PFA Regular Minutes September 21, 2020 Page 12 of 15 Councilmember Delgleize and Director Luna-Reynosa discussed that currently short-term rentals (STRs) are prohibited in all of Huntington Beach and in Sunset Beach, including the fact that the County never enforced in Sunset Beach prior to the City's annexation. There was further discussion regarding the types of complaints, and current lack of communication between the Police Department and Code Enforcement for issues related to short-term rentals. Councilmember Delgleize shared her understanding of how technology can be used to monitor hours of activity and noise levels at STRs, described how Newport Beach manages their STRs, and stated her support for the City having STR regulations. Director Luna-Reynosa clarified that the revenue projections described in the presentation did not include any expenditures related to enforcement, and explained that a fee structure would have to be set up to recover all costs. Mayor Pro Tem Hardy asked for clarification of the math used to determine Transient Occupancy Tax (TOT) revenues shown in the presentation, as those numbers appeared to be inaccurate. Consultant Bergman confirmed that the formulas used would be reviewed and they would provide accurate numbers. Mayor Pro Tem Hardy stated she will not support an exempt status for people previously illegally operating an STR, and suggested the City should support any homeowner association that has Covenants, Conditions and Restrictions (CCRs) which ban STRs. Mayor Pro Tem Hardy expressed concerns about STR owners maintaining regular trash pick-ups, how to manage parking issues, and complaint calls being responded to on a timely basis. She stated support for on-site hosted STRs, approving a Sunset Beach STR zone, as well as considering zones within new construction projects. Mayor Pro Tem Hardy explained that the Coastal Commission will not allow moving backwards and therefore recommended moving forward incrementally such as only approving home-hosted STRs, or selected zones, rather than a city-wide action. She further stated her opinion that supporting city-wide STRs, without on-site hosts could create problems for neighborhoods and residents, and decrease available housing which results in driving up the cost of housing. Councilmember Carr stated her agreement with many of Mayor Pro Tem Hardy's comments, and stated her opinion that the status quo of no control is not an option. Councilmember Carr added that currently STR owners are not held to the same standards as hotels, and that needs to change in a responsible manner. She could support approving STRs for Sunset Beach and hosted STRs for Huntington Beach if the plan includes such things as a good neighbor policy, required inspections by the Fire Department, require a license and permit, the same taxes and fees that hotels pay, limits the number of allowed STRs, and does not support an exempt status for previous illegal operators. She further explained she doesn't see STR regulations as a tool to generate income, but rather a self-supporting way to address quality of life issues for residents, and ensure that STR owners remain in compliance. Councilmember Carr and Consultants David Bergman and Jennifer Daugherty discussed that the businesses that provide STR listings generally desire to work within regulations, and the listing platforms have the ability to include a field for license or permit number(s) if the City's Ordinance stipulates those requirements, and this can also assist Code Enforcement in finding illegal STRs. Consultant Bergman also clarified that their obligation at this point was not to provide a detailed and comprehensive solution, but that could be the next step. Councilmember Peterson stated he looks forward to seeing the corrected math as requested by Mayor Pro Tem Hardy, and stated his opinion that any approved STR plan must include enforcement policies. He also stated support for regulated home-hosted STRs in Huntington Beach which would include paying the same taxes and fees that hotels do, and creating a Sunset Beach zone for STRs. 43 Council/PFA Regular Minutes September 21, 2020 Page 13 of 15 Councilmember Posey and Director Luna-Reynosa discussed 2017 Assembly Bill 250 which addressed lower-cost coastal accommodations and that the California Coastal Commission (CCC) will not allow a coastal city to prohibit STRs because the CCC sees STRs as providing a lower-cost visitor accommodation. Director Luna-Reynosa confirmed that using the Coastal Overlay District could be an appropriate way to define zone borders, but it is ultimately up to the Council to decide any zone boundaries. Councilmember Posey stated he would only support home-hosted STRs in Huntington Beach but would not place that restriction on Sunset Beach, and consider it a pilot program to be revisited in a year at which time it is expected there would be a more normal economic climate that hopefully will not still be impacted by COVID-19. Mayor Semeta stated that from conversations with other coastal city mayors, she understands that the CCC likes to see a cap set for STRs because of their concerns about reduced long-term rental housing. Mayor Semeta stated her support for starting small with highly regulated hosted STRs. Mayor Pro Tem Hardy asked that a minimum age requirement for renting be included in the regulations. Councilmember Peterson and City Attorney Gates discussed that whether associated monies would be considered fees or taxes would be determined by how the ordinance is written. Councilmember Carr stated support for home-hosted STRs, with an exception for Sunset Beach, and a review of how the plan is working in a year. Council consensus was reached for Option #3 (Brenden - Absent): Provide staff with direction on one of the following options which would require the City Council to consider if these proposed regulations apply to the entire City or only portions of town: 1. Direct staff to prepare an Ordinance regulating STRs with the Low Threshold Regulations; 2. Direct staff to prepare an Ordinance regulating STRs with the Medium Threshold Regulations; 3. Direct staff to prepare an Ordinance regulating STRs with the High Threshold Regulations COUNCILMEMBER ITEMS 24. 20-1883 Submitted by Councilmember Delgleize — Development of an Internet Access Pilot Program Councilmember Delgleize introduced this item as the beginning step for the City to ensure that every resident has internet access. She further stated that she does not know how this should be accomplished, but expects options will be forthcoming through continued discussions. Mayor Pro Tem Hardy stated that as a teacher she is aware of homes where internet service capability is being taxed in remote jobs and schooling situations. She suggested possibly providing internet access centers at City libraries or facilities with larger rooms where proper social distancing protocols can be followed, including work stations where two members of the same family can work simultaneously. 44 Council/PFA Regular Minutes September 21, 2020 Page 14 of 15 Councilmember Delgleize stated she would like to see the City partner with internet provider companies and other City businesses to possibly sponsor family internet access. Mayor Pro Tem Hardy suggested putting on the OneHB site. Councilmember Peterson explained that providers already collect fees that appear as line item charges on phone and cable bills, which means users already subsidize funds that are directed to disadvantaged communities. The providers use those funds to offer free or low-cost access, and in his opinion, the City should not become an internet provider. Councilmember Posey stated his support for Councilmember Peterson's comments that the situation today is the responsibility of a school board and not a city council. Councilmember Posey suggested there may even be CARES Act funding that schools could apply for if necessary to address the issue. Councilmember Carr expressed her opinion that this issue relates to students, homeowners, and small business owners, and she supports this item. Mayor Semeta stated there is a Broadband Committee for the City, and suggested it might be appropriate to gather information and resources which are available for the public. She also stated that Public Cable Television Authority (PCTA) handles complaints against cable companies, and there might possibly be public, educational and government (PEG) funds available. City Manager Chi stated that internally staff has discussed if there is any way to leverage existing City facilities, reaching out to existing ISPs for possible amplified marketing, and opening discussions with the school districts to determine if collaboration could help. City Manager Chi added that staff would be happy to pursue some of these ideas and report back to Council. Councilmember Posey stated his support if efforts start by confirming with the school districts if there is a problem, and if so, then determining if the districts want or need the City's assistance to help find appropriate resources. Recommended Action: I recommend that the City Council direct the City Manager to develop a school internet access pilot program for economically disadvantaged families in Huntington Beach for formal City Council consideration. Discussion Only – No Formal Action Taken COUNCILMEMBER COMMENTS (Not Agendized) Councilmember Delgleize stated there is a real need for O+ blood and encouraged everyone who can to donate at an American Red Cross blood drive. Mayor Pro Tem Hardy reported attending the Patriot Day Ceremony at City Hall and was pleased to see the American Legion involved. Councilmember Peterson announced he is the Grand Marshall for the Huntington Harbour Philharmonic boat parade with the theme of "America Strong — Revel in the Rhythm" and he is looking for boat owners to participate. 45 Council/PFA Regular Minutes September 21, 2020 Page 15 of 15 Mayor Semeta thanked people for participating in the recent NuVision Credit Union blood drive sponsored by Refuge Church and the Huntington Beach Firefighters' Association, as well as the Food Drive at the Sports Center sponsored by the City of Huntington Beach, Supervisor Michelle Steel, and Saddleback Community Church. Mayor Semeta reported welcoming the Red, White and Blue Team, from Waves of Valor — Huntington Beach (Veteran Surf Camp) relay runners at the City Hall 9/11 Memorial, and attending the Huntington Beach Police Community Foundation Day of Gratitude to recognize officers for their everyday service. ADJOURNMENT at 10:20 PM, in memory of Dr. Neil Graham and Dr. Paul Qaqundah, to the next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority on Monday, October 5, 2020, at 4:00 PM in the Civic Center Council Chambers, 2000 Main Street, Huntington Beach, California. INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA AND STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT http://www.huntingtonbeachca.gov ________________________________________ City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach and Secretary of the Public Financing Authority of the City of Huntington Beach, California ATTEST: ______________________________________ City Clerk-Secretary ______________________________________ Mayor-Chair 46 City of Huntington Beach File #:20-1858 MEETING DATE:10/5/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Sean Crumby, Director of Public Works Subject: Approve and authorize execution of Amendment No. 1 to the Professional Services Contract with Derek J. McGregor, Inc. for On-Call Plan Check and Engineering Services Statement of Issue: The City has an existing three-year professional services contract with Derek J. McGregor, Inc., to provide on-call plan check and engineering services for the Public Works Engineering Division. Staff is requesting an amendment to increase the contract amount by $180,000 within the existing three- year contract term that will expire in May 2021. Financial Impact: On-call plan check services are budgeted in the Fiscal Year 2020/21 Capital Improvement Program (CIP) and Public Works operating budgets. No additional appropriations are necessary at this time. Recommended Action: Approve and authorize the Mayor and City Clerk to execute, “Amendment No. 1 to Professional Services Contract Between The City of Huntington Beach and Derek J. McGregor, Inc. DBA DMC Engineering for On Call Plan Check and Engineering Services” increasing the contract amount by $180,000 from the original amount of $400,000. Alternative Action(s): Do not approve the contract amendment and direct staff accordingly. Analysis: On May 21, 2018, the City executed a three-year professional services contract with Derek J. McGregor, Inc. (DMc), for on-call plan check and engineering services to assist the Public Works Department with various tasks related to plan check and entitlement review for private land development projects. The Public Works Development Services section and the Water Engineering section have been utilizing DMc services on an as-needed basis. The original contract amount is not to exceed $400,000 over a three-year period; however, funds are nearly expended due to limited staffing. The Water Engineering and Public Works Development Services sections have been short-staffed City of Huntington Beach Printed on 9/30/2020Page 1 of 2 powered by Legistar™47 File #:20-1858 MEETING DATE:10/5/2020 The Water Engineering and Public Works Development Services sections have been short-staffed since the loss of key staff members. In addition, staff is experiencing increased development activity and issues associated with COVID-19 that have led to a backlog in plans submitted for approval. To compensate for this deficiency, consultants such as DMc have been able to absorb the additional work flow and provide efficient and reliable plan check, entitlement reviews, and easement review services for multiple ongoing land development projects. DMc is uniquely qualified to provide development review services to the City due to their extensive experience in land development, understanding of the City’s requirements, procedures, and standards as well as their familiarity with City staff. DMc is able to perform plan check functions and conduct entitlement reviews efficiently and cost effectively for land development projects. Staff is requesting a contract amendment to increase the amount by $180,000, so that DMc can continue providing these needed professional services until the contract expires in May 2021. Environmental Status: Not applicable. Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): 1. Professional Services Contract Between The City of Huntington Beach And Derek J. McGregor, Inc., for On Call Plan Check and Engineering Services 2 Amendment No. 1 to Professional Services Contract Between The City of Huntington Beach And Derek J. McGregor, Inc., for On Call Plan Check and Engineering Services City of Huntington Beach Printed on 9/30/2020Page 2 of 2 powered by Legistar™48 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND DEREK J. MCGREGOR, INC DBA DMC ENGINEERING FOR ON CALL PLAN CHECK AND ENGINEERING 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 Derek J. McGregor, Inc dba DMc Engineering, a California corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide on call plan check and engineering services; 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 CONSULTANT 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." CONSULTANT hereby designates Derek J. McGregor 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 CONSULTANT in the performance of this Agreement. auree/ surfnet/professional svcs mayor 1 of 11 10/12 49 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on May 21st , 20 18 (the "Commencement 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 "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 CONSULTANT. 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 CONSULTANT 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 Four Hundred Thousand Dollars ($400,000). 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 undertake 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. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." agree/ surfnet/professional svcs mayor 10/12 2 of 11 50 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 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 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 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. 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. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars aurce/ surfnet/professional svcs mayor 3 of 11 10/12 51 ($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 effort 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 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 terminate this Agreement. Such termination 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: agree/ surfrieUprofessional svcs mayor 4 of 11 10/12 52 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 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. 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 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 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 termination of this Agreement by CITY shall acree/ surfnet/profcssional svcs mayor 5 of 11 10/12 53 be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, 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 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 California 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 CONSULTANT may designate different addresses to which subsequent notices, certificates or agree/ surfnet/professional svcs mayor 6 of 11 10/12 54 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: TO CITY: City of Huntington Beach ATTN: Debbie Debow 2000 Main Street Huntington Beach, CA 92648 TO CONSULTANT: Derek J. McGregor, Inc dba DMc Engineering Attn: Derek J. McGregor 18 Technology Drive, Suite 100 Irvine, CA 92618 949-753-9393 17. CONSENT 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 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. SECTION HEADINGS 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 auee/ surfnel/professional svcs mayor 7 of 11 10/12 55 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 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 CONSULTANT 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. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for agree/ surfnet/professional svcs mayor 8 of 11 10/12 56 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 performance hereof, each party 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 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. SIGNATORIES Each undersigned represents and warrants 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 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 amee/ surfnet/professional sycs mayor 9 of 11 10/12 57 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 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. 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. aasee/ surfnet/professional svcs mayor 10 of 11 10/12 58 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California CONSULTANT, Derek J. McGregor, Inc dba DMc Engineering COMPANY NAME A California Corporation By: 61e /101 print name ITS: (circle one) Chairmarfr-esidenWice President AND By: Di . 1ri\ C- br(Tr print name ITS: (circle one)6Q7 --.etarY1,Chicf Financial Officer/Asst. Secretary - Treasurer INITIATED AND APP • OVED: 'rector of Public 1 orks agree/ surfnet/professional svcs mayor 11 of 11 10/12 59 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) CONSULTANT shall provide consulting services on an 'as-needed' basis for projects to be determined during the term of the agreement. During the term of the agreement, CITY may elect to solicit proposals from CONSULTANT. CITY shall issue task order for each project based upon the scope of services, work schedule, and fee proposal submitted to CITY for its review and approval. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: CONSULTANT'S duties and responsibilities shall be per CONSULTANT'S Statement of Qualification (Exhibit A), consistent with the City of Huntington Beach Request for Qualifications for On Call Plan Check and Engineering Consulting Services. Upon award, and the contract period, if CONSULTANT chooses to assign different personnel to the project, CONSULTANT must submit the names and qualifications of these staff to CITY for approval before commencing work. C. CITY'S DUTIES AND RESPONSIBILITIES: 1. Furnish scope of work request for each project. 2. Furnish construction plans and specifications to the CONSULTANT. D. WORK PROGRAM/PROJECT SCHEDULE: A project schedule will be developed for each project assigned by CITY. EXHIBIT A HB -915- Item 19. - 14 60 11 0 0111 11 W Qualifications for On-Call Development Plan Checking and Entitlement Review Engineering & Professional Consulting Services Prepared for: Public Works Department City of Huntington Beach ATTN: City Clerk's Office, 2nd Floor 2000 Main Street Huntington Beach, CA 92648 Prepared By: DMc ENGINEERING CIVIL • SURVEYING • PLANNING • CONSTRUCTION 18 Technology Drive, Suite too • Irvine, CA 92618 949.753.9393 P5264 January 11, 2018 Item 19. - 19 HB -920 61 DMc Engineering Civil • Surveying • Planning • Construction January 11, 2018 Attn: City Clerk's Office, 2 nd Floor City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 P5264 Re: QUALIFICATIONS FOR ON-CALL DEVELOPMENT PLAN CHECKING & ENTITLEMENT REVIEW ENGINEERING & PROFESSIONAL CONSULTING SERVICES City Clerk's Office: DMc Engineering is pleased to submit this proposal to continue providing On-Call Development Plan Checking and Entitlement Review Engineering & Professional Consulting Services to the City of Huntington Beach. As you will see from our responses to this RFQ, the On-Call Services that the City of Huntington Beach is seeking comprises the core business DMc Engineering has been providing for over thirty (30) years. We are a full service Civil Engineering firm that places strong emphasis on regular and proactive client communications as the key to project success. DMc Engineering's qualifications can be summarized as follows: • DMc Engineering has been providing on-call consulting services to Orange County public agencies for over thirty (30) years. • DMc Engineering has an extensive list of long-term on-call services clients, who are a testament to the quality of service our team provides to public agency clientele. • DMc Engineering has over thirty (30) years of experience providing services similar to those requested in this RFQ. • DMc Engineering's references for previous projects are representative of established long-term professional relationships, that have been built around the provision of excellent services. • DMc Engineering's team is comprised of highly experienced and qualified individuals, who have been a part of the DMc Engineering Team for over the past twenty-five (25) years. For the past one and a half (1-1/2) years, DMc Engineering has been providing On-Call Engineering services to the City of Huntington Beach. 18 Technology Drive, Suite 100, Irvine, California 92618 (949) 753 -9393* dmc@dmceng.com • www.dmceng.com HB -921- Item 19. -20 62 January 11, 2018 Request for Qualifications for On-Call Development Plan Checking & Entitlement Review Engineering & Professional Consulting Services City of Huntington Beach Page 2 of 2 In addition, for the past ten (10) years, DMc Engineering has been acting in the capacity of Program Engineer for the Orange County Great Park Corporation (OCGPC). Through this effort, DMc Engineering has provided the necessary on-call support services to the OCGPC for a wide array of engineering, design, survey and construction services. These services consist of program development, administrative support services, utility agency interface, CIP development, CIP plan review, construction management, development engineering, plan checking, preparation of plan specifications and estimates, planning and entitlement, as well as state-of-the-art site sustainability design. In addition to the OCGPC, DMc Engineering has had long-term on-call relationships with all the departments at the City of Irvine, the County of Orange, the Rancho Santa Margarita Water District, Irvine Ranch Water District, the City of Mission Viejo, City of Tustin, City of Laguna Beach and the City of Rancho Palos Verdes. These relationships extend from long-term working relationships with professionals such as: Tom Herbel/City Engineer, City of Huntington Beach; Manuel Gomez/Director of Public Works, City of Irvine; Chris Koster/ Manager of Great Park Planning & Development, City of Irvine; Hector Ruiz/General Manager, Trabuco Canyon Water District; and Mike Smith/Sr. Project Manager, County of Orange Public Works. As requested in the RFQ, below is the information for the Consultant's office nearest to the City of Huntington Beach: Principal Contact: Derek J. McGregor, PE, PLS, Principal Address: 18 Technology Drive, Ste 100, Irvine, CA 92618 Telephone: (949) 753 — 9393 Email Address: dmcgreqordmcenci.com DMc Engineering is committed to providing key personnel, who possess the unique qualifications and expertise the City of Huntington Beach is seeking. We strongly believe that our experience working with other agencies and providing on-call professional services to public agencies has prepared us to provide the level and quality of service the City requires. We look forward to your review of this proposal and the opportunity to continue our relationship with the City of Huntington Beach, to discuss our unique qualifications for this solicitation of services. Should you have any questions or need additional information, please do not hesitate to contact us. Sincerely, Derek J. McGregor, PE, PLS Principal Item 19. -21 HB -922- 63 REQUEST FOR PROPOSAL VENDOR APPLICATION FORM TYPE OF APPLICANT: El NEW MI CURRENT VENDOR Legal Contractual Name of Corporation: Derek J. McGregor, Inc. Contact Person for Agreement: Derek J. McGregor Corporate Mailing Address: City, State and Zip Code: 18 Technology Drive, Suite 100 Irvine, CA 92618 E-Mail Address: dmcgregor dmceng.corn Phone: 949-753-9393 Contact Person for Proposals: Derek J. McGregor Title: President Business Telephone: 949-753-9393 Fax: N/A E-Mail Address: dmcgreor(&,dmceng.com Business Fax: N/A Is your business: (check one) I I NON PROFIT CORPORATION II FOR PROFIT CORPORATION Is your business: (check one) • CORPORATION INDIVIDUAL El PARTNERSHIP LIMITED LIABILITY PARTNERSHIP ri SOLE PROPRIETORSHIP UNINCORPORATED ASSOCIATION 1 of 2 HB -923- Item 19. - 22 64 Names & Titles of Corporate Board Members (Also list Names & Titles of persons with written authorization/resolution to sign contracts) Names Title Phone Derek J. McGregor President 949-753-9393 Derek J. McGregor Secretary 949-753-9393 Derek J. McGregor Treasurer 949-753-9393 Federal Tax Identification Number: 33-0251409 City of Huntington Beach Business License Number: A292703 (If none, you must obtain a Huntington Beach Business License upon award of contract.) City of Huntington Beach Business License Expiration Date: April 30, 2018 2 of 2 Item 19. - 23 HB -924 65 EXHIBIT A: PRE-QUALIFICATION FORM ON-CALL WATER ENGINEERING & PROFESSIONAL CONSULTING SERVICES SERVICE CATEGORY PROPOSING? YIN (circle) A. Water Engineering No DM (Initial) Consultant is willing to execute the Agreement as drafted (See Appendix B). DM (Initial) Consultant is able to provide the insurance as required (See Appendix C). Firm Name: Derek J. McGregor, Inc. dba: DMc Engineering Firm Address: 18 Technology Drive, Suite 100, Irvine, CA 92618 Signature: Date: January 11, 2018 66 DMe Fl\TGINFERNG CIVIL • SURVEYING • PLANNING • CONSTRUCTION CITY OF HUNTINGTON BEACH REQUEST FOR QUALIFICATIONS FOR ON-CALL DEVELOPMENT PLAN CHECKING & ENTITLEMENT REVIEW ENGINEERING & CONSULTING SERVICES 1.0 FIRM'S QUALIFICATIONS DMc Engineering is an Irvine-based civil engineering, land surveying, planning, and construction management firm with extensive experience and a strong record of success in public works projects, similar to those described in this RFQ since the founding of the firm in 1987. Our staff consists of licensed professional engineers and surveyors, QSP, QSD, licensed contractors, technical personnel, and administrative support staff. The expertise and project history of our personnel include similar tasks to those being requested in this RFQ. Our plan review services include the checking of grading plans (including geotechnical reports), ADA access, hydrology/hydraulics reports, traffic, drainage, legal descriptions, environmental and other related reports. In addition, we are experienced in checking street improvements, storm drain plans, signing and striping plans and signalization plans; along with coordinating plan checking and assisting with processing between various City sections and departments; and in preparing City response letters to applicants and the public, as necessary. Our on-call services capabilities range from working with Planning Departments on establishing conditions of approval including entitlement, EIR's and other reports, along with working with engineering departments relative to the review of design, drawings and reports for private and public infrastructure improvements. At DMc Engineering, we: • Specialize in on-call public works projects. • Are available and ready to work on projects with short notice. • Have extensive experience with on-call Plan Check Services for the Cities of Huntington Beach, Irvine and other public agencies. Our success in providing the above services is borne out by the number of years for which we have provided on-call engineering, plan checking, and inspection services to a multitude of clients some of which include the following: • City of Huntington Beach — 1 1/2 years • Trabuco Canyon Water District — 20 years • City of Laguna Beach — 2 years • Irvine Ranch Water District — 25 years • City of Irvine — 30 years • Santa Margarita Water District — 25 years • Orange County Great Park —10 years • City of Newport Beach Utilities Department — 17 years Item 19. - 25 HB -926- 67 DMe ENGINEERING CIVIL • SURVEYING • PLANNING • CONSTRUCTION CITY OF HUNTINGTON BEACH REQUEST FOR QUALIFICATIONS FOR ON-CALL DEVELOPMENT PLAN CHECKING & ENTITLEMENT REVIEW ENGINEERING & CONSULTING SERVICES RECENT SIMILAR PROJECTS/REFERENCES The experience of DMc Engineering personnel in performing similar work is reflected in the following projects. Each of these projects was successfully completed for a City or a local/state agency. City of Huntington Beach (Water Department), Huntington Beach, CA Client: City of Huntington Beach Dates the work was performed: May 2016 - Present Client Reference: Ms. Lili Hernandez City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 (714) 375-5077 Ihernandez@surfcity-hb.org Key Staff and Project Role: Derek J. McGregor - Project Manager Nidal Tizani - Project Engineer Uzo Okereke - Project Manager • Plan checking and entitlement process assistance • WQMP & SAMP Review • Grading Plan Check • Hydrology/Hydraulics Study/Drainage Plan Check • SWPPP Review City of Laguna Beach, Laguna Beach, CA Client: City of Laguna Beach Dates the work was performed: 2016 to present Client Reference: Mr. Tom Sandefur Key Staff and Project Role: City of Laguna Beach Derek J. McGregor - Project Manager 505 Forest Avenue, Laguna Beach, CA 92651 Nidal Tizani - Project Engineer (949) 497-0792 tsandefur(@,lagunabeachcity.net • Plan checking and entitlement process • Grading Plan Check assistance • Hydrology/Hydraulics Study/Drainage Plan Check • WQMP & SAMP Review • SWPPP Review Orange County Great Park, Irvine, CA Client: Orange County Great Park/City of Irvine Dates the work was performed: 2008-Present Client Reference: Mr. Chris Koster City of Irvine P.O. Box 19575, Irvine, CA 92713 (949) 724-6902 CKosterci.irvine.ca.us Key Staff and Project Role: Derek J. McGregor - Project Manager Mark Carroll - Project Manager Uzo Okereke - Project Manager • Plan checking and entitlement process assistance • WQMP & SAMP Review • Grading Plan Check • Hydrology/Hydraulics Study/Drainage Plan Check • SWPPP Review HB -92 - Item 19. -26 68 DMe ENGINEERING CIVIL • SURVEYING • PLANNING • CONSTRUCTION CITY OF HUNTINGTON BEACH REQUEST FOR QUALIFICATIONS FOR ON-CALL DEVELOPMENT PLAN CHECKING & ENTITLEMENT REVIEW ENGINEERING & CONSULTING SERVICES City of Irvine — (Community Development Department), Irvine, CA Client: City of Irvine Client Reference Mr. Chris Koster City of Irvine P.O. Box 19575, Irvine, CA 92713 (949) 724-6902 CKoster@ci.irvine.ca.us Dates the work was performed: December 1999-Present Key Staff and Project Role: Derek J. McGregor — Project Manager Mark Carroll — Project Manager • Grading Plans • Street Improvement Plans • Hydrology & Hydraulic Plans Item 19. -27 HB -928- 69 DMe ENGINEERING CIVIL • SURVEYING • PLANNING ' CONSTRUCTION CITY OF HUNTINGTON BEACH REQUEST FOR QUALIFICATIONS FOR ON-CALL DEVELOPMENT PLAN CHECKING & ENTITLEMENT REVIEW ENGINEERING & CONSULTING SERVICES 2.0 STAFFING We have assembled the best qualified team of professionals with the expertise necessary to meet and exceed the requirements of the anticipated scope of work outlined in the RFQ. The team will be led and managed by DMc Engineering Principal, Derek J. McGregor. The following personnel, who participated in providing some, or all of the projects listed in this RFQ, will be available to provide the design plan checking services the City is requesting: Personnel Licenses/Certifications Years of Experience Availability Derek J. McGregor PLS, PE, QSP 37 As Needed Mark Carroll PE 41 As Needed Jerry McGregor PE 43 As- Needed Uzo Okereke PE, Class A, HAZ 40 As Needed Nidal Tizani EIT 25 As Needed Derek J. McGregor Mr. McGregor has thirty-seven (37) years of public works experience, of which thirty (30) years are in plan checking. Mr. McGregor's experience includes many years of working with the planning departments: City of Huntington Beach (1-1/2 years); City of Irvine (30 years); Santa Margarita Water District (25 years); Trabuco Canyon Water District (20 years); Orange County Great Park (10 years); and the City of Laguna Beach (2 years). He has extensive experience in assisting public agencies in the planning, design, development and management of public works projects. Mark Carroll Mr. Carroll has over forty-one (41) years of planning, design, permitting and construction in mostly public works and private sector development projects. Like Mr. Derek J. McGregor, Mr. Carroll has multiple years of experience working with the planning departments of the City of Irvine, Orange County Great Park and local water districts. His specialties include the subdivision map approval process and storm water management design. Jerry McGregor Mr. McGregor has forty-three (43) years of varied, multi-disciplined Engineering experience, mostly in the private sector and public utility related projects. He applies his depth of knowledge and experience providing services that include, but are not limited to, planning, design, development, implementation, project scheduling and management, as well as quality oversight of projects, working directly with engineers, contractors, consultants, as well as State and Federal Agencies. His specialties include Project Scheduling and Management, as well as Quality Assurance and Control. I-113 -929- Item 19. - 28 70 DMe ENGINEERING CIVIL • SURVEYING • PLANNING • CONSTRUCTION CITY OF HUNTINGTON BEACH REQUEST FOR QUALIFICATIONS FOR ON-CALL DEVELOPMENT PLAN CHECKING & ENTITLEMENT REVIEW ENGINEERING & CONSULTING SERVICES Uzo Okereke Mr. Okereke is a multi-disciplinary Engineer, who has over forty (40) years of experience mostly in public works and private sector development projects. He has provided Project Engineering services on numerous planning, grading and street improvement design projects. Services that he has provided include, but are not limited to, planning, design, development and management of projects, working directly with engineers, contractors, consultants, as well as State and Federal Agencies. Mr. Okereke's post-design expertise includes bidding assistance, project scheduling, management and control. His specialties include Project Management, as well as Quality Assurance and Control. Nidal Tizani Mr. Tizani has over twenty-five (25) years of experience, mostly in the private sector and providing services that include, but are not limited to, planning, design, development and management of projects and working directly with engineers, contractors, consultants and State and Federal Agencies. His specialties include Project Management and Quality Assurance and Control. Item 19. -29 HB -930- 71 Jerry McGregor, PE Quality Management )=. Management Uzo Okereke, PE, PhD • Water Quality • Hydrology/Hydraulics DMc Engineering Technical Staff DMc Engineering Technical Staff DMc Engineering Technical Staff m DMeENGINEERING CIVIL • SURVEYING • PLANNING ' CONSTRUCTION AL CITY OF HUNTINGTON BEACH REQUEST FOR QUALIFICATIONS FOR ON-CALL DEVELOPMENT PLAN CHECKING & ENTITLEMENT REVIEW ENGINEERING & CONSULTING SERVICES ORGANIZATIONAL CHART HUNTINGTON BEACH PUBLIC WORKS PRINCIPAL MANAGER Derek J. McGregor, PE, PLS DOCUMENT CONTROL Holly Ferguson Mark Carroll, PE • Conditions • Entitlement )> CEPA )=. Environmental Nidal Tizani, Eli • Sewer & Water )=. Storm Drain • Erosion Control HB -931 - Item 19. - 30 72 DMe ENGINEERING CIVIL • SURVEYING • PLANNING • CONSTRUCTION CITY OF HUNTINGTON BEACH REQUEST FOR QUALIFICATIONS FOR ON-CALL DEVELOPMENT PLAN CHECKING & ENTITLEMENT REVIEW ENGINEERING & CONSULTING SERVICES 3.0 UNDERSTANDING & METHODOLOGY DMc Engineering has been providing plan and map checking, entitlement review and consulting services for various cities and agencies for over 30 years. This experience has included: grading plans; street improvement plans; parks and recreation plans; water and wastewater; drainage plans; infrastructure design plans; tenant improvement plans; WQMP (preliminary and final); tentative and final parcel and tract maps; lot line adjustments; legal descriptions and survey; and easement documents as needed and requested. Over the years, this work has entailed meeting with developers, engineers, contractors, consultants, the general public and others on behalf of cities and agencies in resolving or making recommendations for the resolution of development issues, public right-of-way improvements, reports, processing requirements, construction and related issues. OUR APPROACH TO THE SCOPE OF WORK Our approach to each Civil Engineering Plan Check project will start with the assignment of a Project Engineer by DMc Engineering's Project Manager, unless the Project Manager performs the review. The Project Engineer will be headed by a California-licensed engineering professional and be tasked with the completion of the required review. The personnel will be assigned based on their specific expertise in the particular function, or design aspect of the project. The DMc team will operate based on our philosophy, which emphasizes effective Client/Consultant communications as a key element to the success of any project. At DMc Engineering, this begins at the initial review, where the Project Engineer confirms that the initial submittal is complete and has the minimum information necessary to start plan review. There is an on-going and regular communication process, that continues throughout the review of the project. Both written and verbal communication are utilized at maximum effectiveness and regular progress update reports and Project Progress and Design Review meetings will be provided to the City as a part of our overall services. DMc Engineering maintains an on-going internal Quality Control/Quality Assurance (QC/QA) Program, which involves the firm's owner in an on-going review of all work products produced for the City. This process results in more complete and thorough submittals at each stage of the project, with a review focused on value engineering, technical accuracy minimal construction cost and on-time performance. Item 19. -31 KB -932- 73 DMe ENGINEERING CIVIL • SURVEYING • PLANNING • CONSTRUCTION CITY OF HUNTINGTON BEACH REQUEST FOR QUALIFICATIONS FOR ON-CALL DEVELOPMENT PLAN CHECKING & ENTITLEMENT REVIEW ENGINEERING & CONSULTING SERVICES QUALITY CONTROL & ASSURANCE DMc Engineering maintains an active and on-going Quality Control/Quality Assurance (QC/QA) Program, that emphasizes technical accuracy and reduction of overall design and construction costs. Implementation of this program is achieved through personal involvement of the Project Manager and other key DMc staff. SCHEDULING & SCHEDULE CONTROL DMc Engineering believes that our strict adherence to the Cities' plan review time frame can be achieved through timely and continuous communication with the City. We have a proven performance record in this regard. In the event a schedule slippage does occur, DMc will work with the City to quickly bring the review back on track at no cost to the City by implementing any, or all of the following steps: fast-track and/or overlap project activities; perform more frequent project review and coordination meetings with emphasis on time control. UNIQUE QUALIFICATIONS For the City of Huntington Beach, DMc Engineering has facilitated the implementation of efficient plan check reference documents, which have resulted in cost savings. HB -933- Item 19. - 32 74 City of Huntington Beach 2000 Main Street • PO Box 190 CA 92648 Travis K. Hopkins, PE Department of Public Works Director (714) 536-5431 January 6, 2017 To whom it may concern, It is my pleasure to write this letter in recognition of DMc Engineering performance for the City of Huntington Beach. I have worked directly and indirectly with DMc Engineering over the past 10 years both here at the City and prior to myself joining the City. The firm has provided outstanding on-call engineering services for the City which included civil engineering and plan checking consulting services. DMc Engineering provides the highest quality work and services. The firm is very responsive to schedules which allow the City to provide great customer service to the residents. DMc Engineering continually demonstrates that they are professional, technically knowledgeable, solution oriented and really take pride in their work. They are a great partner with the City and they make us all look good. DMc Engineering truly works as an extension of City staff and understands our business. Sincerely, Tom Herbel City Engineer 75 Public Works Department www.0 tyolirvine.orC City al Irvine, One Civic Center Plaza, P.O. Box 19575, Irvine, California 92623-9575 (949) 724-6000 June 12, 2014 Re: DMc Engineering To Whom It May Concern: DMc Engineering has been providing on-call land surveying, mapping and civil engineering consulting services to the City of Irvine for over twenty years. We find DMc Engineering to be knowledgeable, technically sound, and a firm that strives to produce quality work products. This firm is very responsive to schedules and thorough in managing and coordinating complex technical projects. I highly recommend DMc Engineering for the consulting services mentioned above. Should you have any questions, please feel free to contact me at 949-724-7509. anuel Go Director of ez ublic Works c:62 HIT ON RECYCLED PAPER 17E - '61 uml-I 76 Board Members: Christina L. Shea, Chairwoman Steven S. Choi, Ph. D., Vice-Chair Larry Agran Beth Krom Jeffrey Lalloway 3 „c C O „- GREAT\ kPARK 0 , Chief Executive Officer Michael D. Ellzey June 11,2014 To Whom It May Concern: DMc Engineering has been providing on-call land surveying, mapping, civil engineering, plan checking, program management and construction management consulting services to the Orange County Great Park for the past six years. DMc Engineering has proven to be a knowledgeable and technically sound firm that regularly produces quality work products. This firm has been responsive to schedules and thorough in managing and coordinating complex technical projects that involve multiple government agencies, consultants, stakeholders, land owners, utility providers and contractors. I highly recommend DMc Engineering in providing the consulting services noted above. Should you have any question, please feel free to contact me at (949) 724-7340. Sincerely, Michael D. Ellzey Chief Executive Officer Orange County Great Park Corporation Orange County Great Park Corporation PO Box 19575 • Irvine, CA 92623 P. 949.724.6233 • F. 949.724.6045 • www.ocgp.org ® 0411010 ON RICYCLEU NOIR 'T -96 - EIH 77 From: Smith, Mike frnailto:Mike.Smith@ocpw.ocgov.comi Sent: Monday, June 09, 2014 4:44 PM To: Derek McGregor Subject: Job Well Done Hi Derek, want to thank you for the extra effort working with us on our parking lot project (we are now completed with construction). This project involved several stakeholder groups and you were able to keep the design moving forward by meeting on short notice and explaining the issues to our staff; ultimately, obtaining approval solving our needs. I am here if you need a reference in the future. Thanks again for all your assistance, I appreciate it. Sincerely, Michael T. Smith, PMP Sr. Project Manager OC Public Works/OC Facilities ME Project Management 1143 E. Fruit St Santa Ana, CA 92701 P714-667-3289 C714-721-2069 mike.smithapcpw.occov.com 81-1 9E - '61 Woll 78 STAFF MEMBERS Don Chadd. General Manager Hector Ruiz. District Engineer Teresa Teichman. District Secretary Cindy ts:avaroli. District Treasurer TR A B U CO CANYON (WATER DIST411CT BOARD OF DIRECTORS Edward Mandich. President James Haselton. Vice President Michael Safranski. Director Glenn Acosta. Director Matthew Disston. Director June 29, 2012 Subject: Letter of Reference To Whom It May Concern: DMc Engineering has provided plan check and engineering consulting services to the Trabuco Canyon Water District (TCWD) on various projects. DMc has worked closely with TCWD's engineering department in performing these services to the satisfaction of TCWD. DMc Engineering has been responsive in meeting project schedules and deadlines and has done an excellent job of working within a project's budget and scope of work. DMc Engineering is a pleasure to work with and I would highly recommend this company for any similar services your agency may require. Sincerely, ector Ruiz, P.E. District Engineer Trabuco Canyon Water District 32003 Dove Canyon Drive. TrabLico Canyon. CA 92679 .949/858-0277 • Fax: 949/858-3025 NV WW. tovd.ca.gov flH 79 DMe ENGINEERING CIVIL • SURVEYING • PLANNING • CONSTRUCTION CITY OF HUNTINGTON BEACH REQUEST FOR QUALIFICATIONS FOR ON-CALL DEVELOPMENT PLAN CHECKING & ENTITLEMENT REVIEW ENGINEERING & CONSULTING SERVICES DEREK J. MCGREGOR, PLS, PE Principal / Project Manager Education: Bachelor of Science, Civil Engineering, Southern Illinois University, 1978 Associate in Applied Science, Construction Technology, Lincoln Land College, 1976 Professional Registration: Licensed Civil Engineer, California, #38483 Licensed Surveyor, California, #6496 Licensed Civil Engineer and Licensed Surveyor, Nevada, #11038 Licensed Civil Engineer and Licensed Surveyor, New Mexico, #16133 Qualified SWPPP Practitioner, QSP #20404 Professional Affiliations: California Land Surveyors Association (CLSA) American Society of Civil Engineers (ASCE) American Public Works Association (APWA) American Water Works Association (AWVVA) Experience: Mr. McGregor has thirty-seven (37) years of public works experience. He is very knowledgeable regarding municipal and public works design and construction standards, and has extensive experience in assisting public agencies in the planning, design, development, and management of public works projects. He oversees local agency contracts throughout the County. Mr. McGregor applies his extensive knowledge of design criteria and standards in strengthening our quality assurance/quality control (QA/QC) program. Mr. McGregor has thirty (30) years of plan checking experience for various cities and agencies. Plans and reports reviewed include grading plans, street improvement plans, parks & recreation plans, water and waste water infrastructure design plans, tenant improvement plans, WQMP (preliminary and final), tentative and final parcel and tract maps, lot line adjustments, legal descriptions and survey and easement documents as needed and requested. Over those years, he has been involved in meeting with developers, engineers, contractors, consultants, the general public and others on behalf of cities and agencies in resolving or making recommendations for the resolution of development issues, public right-of-way improvements, reports, processing requirements, construction and related issues. As Program Engineer for the Orange County Great Park, Mr. McGregor has been providing plan checking, construction management, and inspection services on behalf of DMc Engineering for the construction of the 12.2-acre Festival Site, Palm Court and Buildings 242/245, and the 18.5-acre North Lawn Project, and 5,000+ linear feet Reclaimed Water System. Mr. McGregor has worked with several planning departments on entitlement process, and in establishing conditions of approval. He was instrumental in developing standard plans for the Irvine Ranch Water District. HB -939- Item 19. - 38 80 DMe ENGINEERING CIVIL • SURVEYING • PLANNING • CONSTRUCTION CITY OF HUNTINGTON BEACH REQUEST FOR QUALIFICATIONS FOR ON-CALL DEVELOPMENT PLAN CHECKING & ENTITLEMENT REVIEW ENGINEERING & CONSULTING SERVICES MARK CARROLL, PE Project Manager Education MPA, Public Administration, University of Southern California 1991 BS, Civil Engineering, University of California, Irvine 1976 Professional Registrations/Certificates and Affiliations Licensed Civil Engineer, California, #31515 Licensed California Real Estate Broker American Society of Civil Engineers (Life Member) Orange County City Engineers' Association Experience Mr. Carroll has forty-one (41) years of experience in the design and construction of public works/civil engineering projects. Prior to joining DMc Engineering, he spent thirty two years working for the City of Irvine in various engineering roles with increasing levels of responsibility. He held the position of City Engineer for 25 years. As the City Engineer he was responsible for the oversight of all engineering associated with the City's capital improvement projects as well as private land development within the City. Responsibilities also included subdivision map processing, assessment district administration and infrastructure plan approval. He was also responsible for establishing the City's engineering standards and right of way acquisition program, and the design and construction of capital improvement projects. His duties included extensive coordination with consulting engineers, architects and outside public and private agencies. He also interacted with City Council, City Commissions, and area residents. Prior to working for the City of Irvine he spent many years as a project engineer working for a consulting engineering firm. His duties included designing and inspecting various public works projects including street and utility design. Prior to this assignment, he worked for a major engineering contactor gaining experience in the construction of all public works including streets, storm drains, water, gas and electrical lines. He also supervised several survey crews responsible for setting proper horizontal and vertical control of the various improvements. Item 19. - 39 H B -940- 81 DMe ENGINEERING CIVIL • SURVEYING • PLANNING • CONSTRUCTION CITY OF HUNTINGTON BEACH REQUEST FOR QUALIFICATIONS FOR ON-CALL DEVELOPMENT PLAN CHECKING & ENTITLEMENT REVIEW ENGINEERING & CONSULTING SERVICES JERRY MCGREGOR, PE Civil Engineer Education: BS Mechanical Engineering, Southern Illinois University Masters Business Administration, University of Redlands Professional Registration: Licensed Mechanical Engineer, California, #23506 Licensed Professional Engineer, Illinois, #062-040156 Professional Affiliations: National Society of Professional Engineers (NSPE) National Council of Engineering Examiners (NCEE) American Society of Mechanical Engineers (ASME) American Society of Metals (ASM) Experience: Mr. McGregor has forty-three (43) years of varied multi-disciplined Engineering experience in planning, design, implementation, and management of Private Sector and Public Utility related projects. He applies his depth of varied Engineering areas of experience focusing on Project Scheduling and Management, and Quality oversight of all DMc Engineering Projects. I-IB -941- Item 19. -40 82 CITY OF HUNTINGTON BEACH REQUEST FOR QUALIFICATIONS FOR ON-CALL DEVELOPMENT PLAN CHECKING & ENTITLEMENT REVIEW ENGINEERING & CONSULTING SERVICES UZO OKEREKE, PH.D., PE, QSD Project Engineer Education: Ph.D. Civil Engineering, UCLA, 1995 Engineer's Degree, Civil Engineering, UCLA, 1988 MS, Civil Engineering, UCLA, 1986 MS, Applied Hydrology, Stanford University, Stanford, 1982 B. Sc., Geology, University of Nigeria, Nigeria, 1977 Professional Registration: Registered Civil Engineer, California, #57532 Qualified SWPPP Developer, QSD #21102 General Engineering Contractor, CA, #C0716465 Home Improvement Contractor, CA, #C0716465 Hazardous Substances Removal and Remediation Contractor, CA, #C0716465 Certifications: 40-Hour OSHA Health and Safety Training 8-Hour Supervisor's Health and Safety Training Roadway Workers Protection Certification Affiliations: American Water Works Association (AWWA) American Society of Civil Engineers (ASCE) American Geophysical Union (AGU) Experience: Mr. Okereke is a multi-disciplinary engineer/scientist with thirty-two (32) years of planning, design, permitting and construction in mostly public works and private sector development projects. With his in-depth knowledge of civil, environmental, and water resource; and also hydrology/hydraulics and storm water management design, Mr. Okereke has provided Project Engineering services on numerous planning, grading, street improvement design projects. His post- design expertise includes bidding assistance, project scheduling, management and control. Mr. Okereke has provided plan checking (planning, grading, street improvement) services similar to those the City of Huntington Beach is requesting to several cities and public agencies in Orange and Los Angeles Counties. As Project Engineer/Project Manager, he provided plan checking and construction management services on behalf of DMc Engineering for the construction of the 12.2-acre Festival Site, Palm Court and Buildings 242/245, and the 18.5-acre North Lawn Project, and 5,000+ linear feet Reclaimed Water System. He also reviewed the hydrology/hydraulics/drainage reports for the master plans for the backbone storm drains for the Orange County Great Park. As a Qualified SWPP Developer (QSD), Mr. Okereke provides extensive expertise and guidance for documents and plans for complying with the requirements of AB 403 including specifications for best management practices (BMPs) for reducing pollutants in storm water discharges from construction activities, and in obtaining the NPDES Permit; for documents and plans for complying with regulations set forth under the Federal Clean Water Act and the NPDES General Permit for Storm Water Discharges Associated with Construction Activity ("General Permit") (State Water Resources Control Board Order No. 2009-0009-DWQ, NPDES No. CAS000002). Item 19. -41 HB -942- 83 DMc ENGINEERING CIVIL • SURVEYING • PLANNING • CONSTRUCTION CITY OF HUNTINGTON BEACH REQUEST FOR QUALIFICATIONS FOR ON-CALL DEVELOPMENT PLAN CHECKING & ENTITLEMENT REVIEW ENGINEERING & CONSULTING SERVICES As a California-registered Civil Engineer, General Contractor (RME), and Hazardous Waste Removal and Remediation Contractor (RME), he is able to maintain a comprehensive overview of projects relative to design, environmental regulations, constructability, safety, compliance to standards and cost-effectiveness. KB -943- Item 19. -42 84 DMe ENGINEERING CIVIL • SURVEYING • PLANNING • CONSTRUCTION CITY OF HUNTINGTON BEACH REQUEST FOR QUALIFICATIONS FOR ON-CALL DEVELOPMENT PLAN CHECKING & ENTITLEMENT REVIEW ENGINEERING & CONSULTING SERVICES NIDAL TIZANI, EIT Project Engineer Education Certificate of "Bachelor of Science in Civil Engineering in USA" Equivalency, 1991 Masters of Science, Residential and Industrial Engineering, Moscow University, 1987 Experience Mr. Tizani is a project engineer with over twenty-five (25) years of experience designing streets and related infrastructure. He is proficient in using design software and modeling and has many years' experience working with public agency clients. His experience includes the design of streets, storm drains, grading, hydrology, hydraulics, retaining walls, and retention basins. He is very familiar with all ADA requirements associated with his designs. These designs include a wide variety of projects including mid to large residential and commercial projects. Extensive design experience entails all aspects of subdivision engineering including grading/earthwork, street/road design for all surface improvements, infrastructure utilities, water, sewer, and storm drains. Drainage experience includes the design of major drainage basins with respect to capacity and storage. He is proficient in using AES software to size piping and associated catch basins. He has used Subsurface Utility Engineering to provide utility mapping and surveying for Sempra Energy/SDG&E's Pipeline Safety Enhancement Plan. He researched record drawings and microfilm to establish design plans for new gas lines as well as all water, sewer, storm drain, retaining walls, bridge and channel footings for San Diego County. He was also responsible for street improvements, precise grading, storm drain, water and sewer design. Mr. Tizani was a design Manager for projects serving the Los Angeles Unified School District. He was responsible for management of daily design of streets, water, sewer, storm drains and grading. He was also responsible for the preparation of final plans, specifications and cost estimates required for rehabilitation of all asphalt playground areas. Projects included Casitas Del Valle Low Income Housing Complex in Moreno Valley, California as well as Sheridan Elementary School and Soto Street Child Care Playgrounds. Professional Registrations/Certifications and Affiliations EIT, Board of Professional Engineers, Land Surveyors (2016-06-22) Item 19. - 43 H B -944- 85 EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: B. Travel Charges for time during travel are not reimbursable. C. Billina 1. All billing shall be done monthly 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. In 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 "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 1 Exhibit B Item 19. - 15 HB -916- 86 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 unreasonably 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 Exhibit B 1-1B -917- Item 19. - 16 87 CITY OF HUNTINGTON BEACH REQUEST FOR QUALIFICATIONS FOR ON-CALL DEVELOPMENT PLAN CHECKING & ENTITLEMENT REVIEW ENGINEERING & CONSULTING SERVICES DMc ENGINEERING A, CIVIL • SURVEYING • PLANNING • CONSTRUCTION COST PROPOSAL/RATE SHEET Effective January 1, 2018 DMc Engineering proposes to provide the services as outlined in the Scope and Services for this RFQ. This includes overall coordination and oversight of the various projects assigned. Our activities will include, but are not limited to research, writing, meeting attendance & presentations, presentation preparation, traffic studies, parking studies, civil engineering studies, plan production, printing, consultation, and any related task required to fulfill project and/or requirements. Most of the professional tasks will be completed at the Project Manager or Project Engineer level at the rates indicated below. This Schedule of Hourly Rates enclosed herein, is a part of the Consultant's proposal and will be used in invoicing the City of Huntington Beach. OFFICE PERSONNEL Principal (PR) Project Manager (PM) Construction Manager (CM) Project Engineer (PE) Project Surveyor (PS) Senior Engineer (SE) Associate Engineer (AE) Administration FIELD PERSONNEL 1 Person Survey Crew 2 Person Survey Crew GPS Survey Crew (2-Man Crew $ 220.00 $ 170.00 $ 170.00 $ 150.00 $ 150.00 $ 130.00 $ 120.00 $ 100.00 $ 160.00 $ 200.00 $ 250.00 HB -945- Item 19. -44 88 01 DNIc El\TGING- CIVIL • SURVEYING • PLANNING • CONSTRUCTION CITY OF HUNTINGTON BEACH REQUEST FOR QUALIFICATIONS FOR ON-CALL DEVELOPMENT PLAN CHECKING & ENTITLEMENT REVIEW ENGINEERING & CONSULTING SERVICES REIMBURSABLE FEE SCHEDULE Plan Plotting/Copies (B&W) $ 1.00 / Sq.Ft. Plan Plotting/Copies (Color) $ 5.00 / Sg.Ft. Copies (81/2 x 11 — B&W) $ 0.10 / Copy Copies (8 1/2 x 11 — Color) $ 0.351 Copy Deliveries TB D Reproductions, deliveries and other reimbursable items will be billed at our cost plus 15%. Item 19. -45 FIB -946- 89 Company Name .. B&E Engineers Phone Bureau Veritas '916-725-4200 CSG Consultants, inc. 714-568-1010 DN1c. Engineering 949-753-9393 ERSC inc. 951-765-6622 HR Green Pacific, inc. 858-201-8169 interwest Consulting Group 714-899-9039 Lockwood Andrews and Newnarn 714-620-6520 PENCO Engineering, inc, 949-753-8111 Transtech Engineers, Inc. 909-595-8599 90 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND DEREK J. MCGREGOR, INC DBA DMC ENGINEERING FOR ON CALL PLAN CHECK AND ENGINEERING SERVICES Table of Contents I Scope of Services 1 2 City Staff Assistance 2 3 Term; Time of Performance 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 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 91 -- 7 0 ACCIREP CERTIFICATE OF LIABILITY INSURANCE k.......------ DATE (MM/DDNYYY) 5/1/2018 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 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 rights to the certificate holder in lieu of such endorsement(s). PRODUCER 10A Insurance Services 130 Vantis, Suite 250 Aliso Viejo, CA 92656 www.ioausa.com CA License #0E67768 CONTACT NAME: Betty Tran 949-297-5960 PHONE AALCA O 949-297-5962 rfr/C No): E-MAIL Ar&liEssi betty.tran ioausa.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: RLI Insurance Company 13056 INSURED Derek J. McGregor, Inc.; dba; DMc Engineering 18 Technology Drive, Suite 100 Irvine CA 918 INSURER B : INSURER C: INSURER 0: INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER: 41639299 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING 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 LTR TYPE OF INSURANCE ADDL INSD SUER 1NVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MMIDD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY - CLAIMS-MADE 1----1 OCCUR EACH OCCURRENCE S DAMAGE TO RENTED PREMISES (Ea occurrence) 5 MED EXP (Any one person) $ PERSONAL & ADV INJURY GEN'L AGGREGATE POLICY OTHER: LIMIT APPLIES PER - JE PR C O T LOC GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGO $ $ AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS NON-OWNED AUTOS ONLY COMBINED SINGLE LIMIT (Ea acadent) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ $ PROPERTY DAMAGE Leer accident) S UMBRELLA LLIkEI EXCESS LIAB OCCUR CLAIMS-MADE EACH OCCURRENCE AGGREGATE 5 DED RETENT ON $ S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N ANYPROPRIETOPJPARTNEFUEXECUTIVE I OFFICER/MEMBER EXCLUDED? (Mandator y in NH) If yes, descnbe under DESCRIPTION OF OPERATIONS below NIA I PER 0TH - I STATUTE ER E.L. EACH ACCIDENT S El. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ A Professional Liability Claims-Made RDP0029455 7/1/2017 7/1/2018 $1,000,000 Each Claim $1,000,000 Aggregate DESCRIPTION OF OPERATIONS! LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, ma y be attached if more space is re quired) Coverage subject to all policy terms, conditions, limitations and exclusions. 30 Day Notice of Cancellation/10 Days for Non-Payment in accordance with policy provisions. APPROVED AS TO FORM By r cPCHAEL E. GATES co r CITY ATTORNEY CERTIFICATE HOLDER CANCELLATION OF HUNTINGTON BEACH RFP Plan Checking & Entitlement Review City of Huntington Beach 2000 Main Street Huntington Beach CA 92647 I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE (AVC) Alicia K Igram © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 41633299 IV/17-16 Pb I Debbie McGregor 5/1/2018 9,14:36 AN (PDT) 1 Page 1 of 1 92 PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: Plan Check & Engineering SERVICE DESCRIPTION: Plan check private development. VENDOR: Derek J. McGregor, Inc. (DMc) OVERALL RANKING: 1 out of 10 SUBJECT MATTER EXPERTS/RATERS: 1. Principal Civil Engineer 2. Senior Civil Engineer 3. Water Quality Supervisor I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: Avg. of 96 DMc — Minimum Qualifications Review Maximum Score Criteria Proposal Clarity Qualifications and experience of Firm, key individuals and sub- consultants. Staffing Understanding & Methodology References Local Vendor Preference Interview (Optional) Total Total Weighted Score 8 23 22 14 10 5 14 96 10 25 25 15 10 5 15 105 II. DUE DILIGENCE REVIEW • Clients such as City of Laguna Beach, City of Irvine, Irvine Ranch Water District, and City of Huntington Beach (to name a few) DMc — Summary of Review • DMc's proposal was good, qualified skilled staff and have experience working in the City DMc — Pricing • Low end from $100/Hr for Administration • High end to $220/Hr for Principal HB -1051- Item 19. - 150 93 PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: Plan Check & Engineering SERVICE DESCRIPTION: Plan check private development. VENDOR: PENCO Engineering OVERALL RANKING: 2 out of 10 SUBJECT MATTER EXPERTS/RATERS: 1. Principal Civil Engineer 2. Senior Civil Engineer 3. Water Quality Supervisor I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: Avg. of 90.5 PENCO Engineering — Minimum Qualifications Review Criteria Proposal Clarity Qualifications and experience of Firm, key individuals and sub- consultants. Staffing Understanding & Methodology References Local Vendor Preference Interview (Optional) Total Weighted Score 8.3 21.3 20.3 13.3 9 5 13.3 Maximum Score 10 25 25 15 10 5 15 Total 90.5 105 II. DUE DILIGENCE REVIEW PENCO Engineering — Summary of Review • Staff are highly experienced and emphasize responsiveness and communication • Great understanding of city needs PENCO Engineering — Pricing • Low end from $95/Hr for Project Assistant • High end to $195/Hr for Project Manager Item 19. - 151 HB -1052- 94 PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: Plan Check & Engineering SERVICE DESCRIPTION: Plan check private development. VENDOR: Bureau Veritas North America, Inc. OVERALL RANKING: 3 out of 10 SUBJECT MATTER EXPERTS/RATERS: 1. Senior Civil Engineer 2. Water Quality Supervisor 3. Principal Civil Engineer I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: Avg. of 83.6 Bureau Veritas — Minimum Qualifications Review Criteria Proposal Clarity Qualifications and experience of Firm, key individuals and sub- consultants. Staffing Understanding & Methodology References Local Vendor Preference Interview (Optional) Total Weicihted Score 8 19.3 20 13.3 7 5 11 Maximum Score 10 25 25 15 10 5 15 Total 83.6 105 II. DUE DILIGENCE REVIEW • Clients such as County of Orange, County of San Diego, County of Los Angeles, and City of Huntington Beach (to name a few) Bureau Veritas — Summary of Review • Bureau Veritas's proposal was good, qualified skilled staff and have experience working in the City Bureau Veritas — Pricing • Low end from $65/Hr for Engineering Technician • High end to $203/Hr for Senior Engineer HB -1053- Item 19. - 152 95 PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On-Call Plan Check & Engineering SERVICE DESCRIPTION: Engineering support for City's annual Capital Improvement Program projects. VENDOR: Vendor #4. OVERALL RANKING: 4 out of 10 SUBJECT MATTER EXPERTS/RATERS: 1. Principal Civil Engineer 2. Senior Civil Engineer 3. Water Quality Supervisor I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: Avg. of 67.6 Vendor #4- Minimum Qualifications Review Criteria Total Weighted Score Maximum Score Proposal Clarity Qualifications and experience of Firm, key individuals and sub- consultants. Staffing Understanding & Methodology References Local Vendor Preference Interview (Optional) 8.3 18.3 15.7 12.3 5 8 10 25 25 15 10 5 15 Total 67.6 105 II. DUE DILIGENCE REVIEW VENDOR #4- Summary of Review • Vendor #4 has good experience for what the City needs, however, proposed staff did not VENDOR #4 — Pricing • Low end from $135/Hr for Assistant Engineer • High end to $225/Hr for Senior Principal Engineer Item 19. - 153 I IR -1054- 96 City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 (7 1 4) 536 -5227 • www.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk May 24, 2018 Derek J. McGregor, Inc. Attn: Derek J. McGregor 18 Technology Drive, Suite 100 Irvine, CA 92618 Dear Mr. McGregor: Enclosed is a copy of the fully executed "Professional Services Contract between the City of Huntington Beach and Derek J. McGregor, Inc. DBA DMC Engineering for On Call Plan Check and Engineering Services." Sincerely, 242,1444) Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan • Waitakere, New Zealand 97 20-8883/233813 1 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND DEREK J. MCGREGOR, INC. DBA DMC ENGINEERING FOR ON-CALL PLAN CHECK AND ENGINEERING SERVICES THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as “CITY,” and Derek J. McGregor, Inc. dba DMC Engineering, hereinafter referred to as “CONSULTANT.” WHEREAS, CITY and CONSULTANT are parties to that certain agreement, dated May 21, 2018 entitled “Professional Services Contract Between the City of Huntington Beach and Derek J. McGregor, Inc., dba DMC Engineering for On Call Plan Check and Engineering Services” which agreement shall hereinafter be referred to as the “Original Agreement,” and CITY and CONSULTANT wish to amend the Original Agreement to reflect the additional work to be performed by CONSULTANT and the additional compensation to be paid in consideration thereof by CITY to CONSULTANT, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 5. COMPENSATION In consideration of the additional services to be performed, CITY agrees to pay CONSULTANT, and CONSULTANT agrees to accept from CITY as full payment for services rendered, an additional sum not to exceed One Hundred Eighty Thousand Dollars ($180,000) in addition to the original sum of Four Hundred Thousand Dollars ($400,000), for a new total not to exceed Five Hundred Eighty Thousand Dollars ($580,000). 98 30. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers on 5,e1p -\-em.,\o0( \ l, (SIGNATURES ON SEPARATE PAGE) 20-8883/233813 2 '2020. DM 99 CONSULTANT, DEREK J. MCGREGOR, INC. DBA DMC ENGINEERING By: ~--=- \7 'D-eife.\( :3. \N\ c.6re1 or print name ITS: (circle one) Chairman~Vice President AND By:_..:::::::==-=~=~==-==·:::J.:::::;i~~=----- J>de \S ;r. mc.bv-e~·o ( pnnt name ITS: (circle one~ChiefFinancial Officer/Asst. Secretary -Treasurer 20-8883/233813 3 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor INITIATED AND APPROVED: REVIEWED AND APPROVED: City Manager APPROVED AS TO FORM: RECEIVE AND FILE: City Clerk 100 City of Huntington Beach File #:20-1910 MEETING DATE:10/5/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Chris Slama, Director of Community Services Subject: Approve License Agreement between the City of Huntington Beach and Seaview Little League for use and maintenance of baseball fields and related improvements at LeBard Park Statement of Issue: The proposed License Agreement with Seaview Little League (SLL) specifies recreational usage and maintenance responsibilities for a portion of LeBard Park being used for youth league activities . Financial Impact: Not applicable. Per the license agreement, SLL will provide maintenance of fields within approximately 4.75 acres of the 11.60 acre park. Recommended Action: Approve and authorize the Mayor and City Clerk to execute the License Agreement between the City of Huntington Beach and Seaview Little League for use and maintenance of ballfields and related improvements at LeBard Park. Alternative Action(s): Do not approve the license agreement with Seaview Little League, and direct staff accordingly. Analysis: Previously owned by the Huntington Beach City School District (District), the baseball fields at LeBard Park have served as home to Seaview Little League (SLL) for a number of years. On December 7, 2015, City Council approved an Agreement for Acquisition and Escrow in order for the City to purchase 6.61 acres of District property, to remain recreational in nature and hosting fields utilized by SLL. With the recent close of escrow on the property and improvements finalized by the residential developer, the City may now enter into a formal agreement with SLL that accurately specifies areas of use and maintenance responsibilities. The license agreement is for a term of five (5) years, and may be extended for one additional five- year period, upon mutual consent of City and SLL evidenced in writing. In lieu of field reservation City of Huntington Beach Printed on 9/30/2020Page 1 of 2 powered by Legistar™101 File #:20-1910 MEETING DATE:10/5/2020 fees, the license agreement calls for SLL to maintain the ballfields, the snack bar/restroom building, and other baseball-related improvements. The Park, Tree, and Landscape Division of Public Works has reviewed the license agreement and concurs with the terms. It has been determined that a minimum of 1,000 maintenance-related service-hours are saved annually by the agreement. SLL averages over 1,000 hours of volunteer labor to maintain the ballfields. In addition, SLL funds special maintenance items , such as laser leveling of the infields, professional landscape services, backstop maintenance, and upgrades to the irrigation system. Staff is recommending approval of this license agreement in order to further continue the collaboration with SLL for youth activities within the community. SLL serves approximately 600 youth from Huntington Beach who participate in the program. If approved, this agreement will help continue to benefit many youth and their families, while assisting the City to maintain specific park assets. Environmental Status: Not applicable. The license agreement will not add to or change the existing use of the property. Strategic Plan Goal: Enhance and maintain high quality City services Attachment(s): 1. License Agreement between the City of Huntington Beach and Seaview Little League for the use and maintenance of baseball fields and related improvements at LeBard Park. City of Huntington Beach Printed on 9/30/2020Page 2 of 2 powered by Legistar™102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 City of Huntington Beach File #:20-1911 MEETING DATE:10/5/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Chris Slama, Director of Community Services Subject: Approve License Agreement between the City of Huntington Beach and Huntington West Little League, Inc., for the use of baseball fields and related improvements at Marina Park Statement of Issue: Huntington West Little League, Inc. (HWLL), formerly Robinwood Little League, has been utilizing and maintaining Marina Park baseball fields since 1976. Since the agreement with Robinwood Little League is expired, a new license agreement is proposed for HWLL to continue the use and maintenance of a portion of Marina Park for youth league activities. Financial Impact: Not applicable. Per the agreement, HWLL will provide maintenance of approximately 2.5 acres of the 9.34 acre park. Recommended Action: Approve and authorize the Mayor and City Clerk to execute the License Agreement between the City of Huntington Beach and Huntington West Little League, Inc., for the use of baseball fields and related improvements in Marina Park. Alternative Action(s): Do not approve the agreement with Huntington West Little League, Inc., and direct staff accordingly. Analysis: In 2014, Little League National merged Robinwood and Westminster Little Leagues to form the Huntington West Little League. HWLL features baseball programs for boys and girls ages 4-14. HWLL provides a supervised program under the Rules and Regulations of Little League Baseball, Inc., to assist with the development of youth through the provision of baseball activities. The license agreement is for a term of five (5) years, and may be extended for one additional five year period, upon mutual consent of City and HWLL evidenced in writing. In lieu of field reservation City of Huntington Beach Printed on 9/30/2020Page 1 of 2 powered by Legistar™131 File #:20-1911 MEETING DATE:10/5/2020 fees, the agreement calls for HWLL to maintain the ballfields, the snack bar, and other baseball related improvements. The Park, Tree, and Landscape Division of Public Works has reviewed the license agreement and concurs with the terms. It has been determined that a minimum of 1,000 maintenance-related service-hours are saved annually by the agreement. HWLL averages over 1,000 hours of volunteer labor to maintain the fields. In addition, HWLL funds special maintenance such as laser leveling of the infields, professional landscape services, backstop maintenance, and upgrades to the irrigation system. Staff is recommending approval of this license agreement in order to continue the collaboration with HWLL for youth activities within the community. HWLL serves approximately 500 youth from Huntington Beach who participate in the program. If approved, this agreement will help continue to benefit many youth and their families, while assisting the City to maintain specific park assets. Environmental Status: Not applicable. Strategic Plan Goal: Enhance and maintain high quality City services Attachment(s): 1. License Agreement between the City of Huntington Beach and Huntington West Little League, Inc., for the use of baseball fields and related improvements at Marina Park. City of Huntington Beach Printed on 9/30/2020Page 2 of 2 powered by Legistar™132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 City of Huntington Beach File #:20-1923 MEETING DATE:10/5/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Travis K. Hopkins, Assistant City Manager Subject: City Council Position on Two State Ballot Measures as Recommended by the City Council Intergovernmental Relations Committee (IRC) Statement of Issue: On September 16, 2020, the Intergovernmental Relations Committee (IRC), comprised of Mayor Lyn Semeta and Council Member Patrick Brenden, met to discuss the upcoming State ballot propositions and pending State and Federal legislation. The IRC is recommending that the City Council consider and adopt Resolution No. 2020-63 to oppose Proposition 15 and Resolution No. 2020-64 to support Proposition 22. In order to adopt one or more of the proposed Resolutions, the City Council must vote to set aside Resolution No. 4344 which currently prevents the City Council from taking a stand on any statewide ballot proposition. Financial Impact: None Recommended Action: A) Approve to temporarily set aside Resolution No. 4344, Section 1.01.08 Statewide Ballot Propositions; and B) Adopt Resolution No. 2020-63, “A Resolution of the City Council of the City of Huntington Beach Opposing Proposition 15;” and/or C) Adopt Resolution No. 2020-64, “A Resolution of the City Council of the City of Huntington Beach in Support of Proposition 22.” Alternative Action(s): Do not set aside Resolution No. 4344 and do not adopt the proposed Resolutions. Direct staff accordingly. City of Huntington Beach Printed on 9/30/2020Page 1 of 3 powered by Legistar™163 File #:20-1923 MEETING DATE:10/5/2020 Analysis: On September 16, 2020, the IRC met to review pending State and Federal legislation and the upcoming State ballot propositions. The following is an analysis of the ballots that the Committee chose to take positions on: OPPOSE - Proposition 15 -Increases Funding Sources for Public Schools, Community Colleges, and Local Government Services by Changing Tax Assessment of Commercial and Industrial Property. (Initiative Constitutional Amendment) Originally submitted as the California Schools and Local Communities Funding Act of 2018, the ballot measure would amend the 1978 initiative, Prop 13, by changing the tax assessment of certain commercial and industrial property and basing it on current market value instead of the purchase price. Proposition 15 exempts residential properties, commercial agricultural properties, and commercial and industrial properties with a combined value of $3 million or less, creating a “split roll” tax system. Additionally, the measure exempts small businesses from personal property tax and provides a $500,000 exemption. Under Prop 13, tax is limited to no more than 1 percent of the purchase price (at the time of purchase), with an annual adjustment equal to the rate of inflation or 2 percent, whichever is lower. According to the state Legislative Analyst's Office, market values in California tend to increase faster than 2 percent per year, meaning the taxable value of commercial and industrial properties is often lower than the market value.This initiative would alter the conditions for that reassessment to every three years for commercial property while keeping the residential and qualified small-business properties under the current system. If approved, this change to the assessment of commercial property taxes would be phased in Fiscal Year 2022-2023 and is projected to result in an additional $6.5 to 11.5 billion in annual revenues across the state, of which 40% would go to education and 60% would go to local agencies (cities, counties, and special districts). SUPPORT - Proposition 22 -Exempts App-Based Transportation and Delivery Companies From Providing Employee Benefits to Certain Drivers. (Initiative Statute) Proposition 22 would consider app-based drivers (i.e. Uber, DoorDash, Lyft) to be independent contractors and not employees or agents, unless a company sets drivers’ hours, requires acceptance of specific ride or delivery requests, or restricts working for other companies. As a result, recent state changes enacted through AB 5 signed in September 2019, to decide a worker’s status as an independent contractors would not affect these drivers; various state employment-related labor laws would not cover app-based drivers. However, the measure would require app-based transportation and delivery companies to provide certain new benefits to these drivers including: pay drivers at least 120 percent of the minimum wage for each hour spent driving (not including wait time); provide a $400 a month health stipend for drivers who work more than 25 hours per week and $200 a month stipend for those that drive between 15 and 25 hours a week (also not including wait time); maintain insurance to cover drivers who are injured on the job; prohibit drivers from working more than 12 hours in a 24 hour period; and establish sexual City of Huntington Beach Printed on 9/30/2020Page 2 of 3 powered by Legistar™164 File #:20-1923 MEETING DATE:10/5/2020 harassment prevention policies, criminal background checks, and safety training for all drivers. This proposed initiative is the industry-sponsored response to the changes in state law related to independent contractors contained in AB 5 (Gonzalez), which was signed into law in 2019. The key backers of the initiative, Uber, Lyft, and DoorDash, are expected to contribute tens of millions of additional dollars to advance the effort. Given recent legislative activity in California and other states, as well as recent court decisions regarding independent contractors, it is believed that, if successful, this initiative could serve as a blueprint for further action at the federal level or in other states. Environmental Status: Not applicable. Strategic Plan Goal: Non-Applicable - Administrative Item Attachment(s): 1. Proposition 15 Analysis 2. Proposition 22 Analysis 3. Resolution No. 2020-63, “A Resolution of the City Council of the City of Huntington Beach Opposing Proposition 15;” and, 4. Resolution No. 2020-64, “A Resolution of the City Council of the City of Huntington Beach in Support of Proposition 22.” 5. Resolution 4344 City of Huntington Beach Printed on 9/30/2020Page 3 of 3 powered by Legistar™165 PROPOSITION INCREASES FUNDING SOURCES FOR PUBLIC SCHOOLS, COMMUNITY COLLEGES, AND 15 AND INDUSTRIAL PROPERTY. INITIATIVE CONSTITUTIONAL AMENDMENT. LOCAL GOVERNMENT SERVICES BY CHANGING TAX ASSESSMENT OF COMMERCIAL OFFICIAL TITLE AND SUMMARY PREPARED BY THE ATTORNEY GENERAL The text of this measure can be found on the Secretary of State’s website at voterguide.sos.ca.gov. 15 • Increases funding sources for K–12 public schools, community colleges, and local governments by requiring commercial and industrial real property be taxed based on current market value, instead of purchase price. • Exempts from taxation changes: residential properties; agricultural land; and owners of commercial and industrial properties with combined value of $3 million or less. • Any additional education funding will supplement existing school funding guarantees. • Exempts small businesses from personal property tax; for other businesses, provides $500,000 exemption. SUMMARY OF LEGISLATIVE ANALYST’S ESTIMATE OF NET STATE AND LOCAL GOVERNMENT FISCAL IMPACT: • Increased property taxes on commercial properties worth more than $3 million providing $6.5 billion to $11.5 billion in new funding to local governments and schools. ANALYSIS BY THE LEGISLATIVE ANALYST BACKGROUND Local Governments Tax Property. California cities, counties, schools, and special districts (such as a fire protection district) collect property taxes from property owners based on the value of their property. Property taxes raise around $65 billion each year for these local governments. Overall, about 60 percent of property taxes go to cities, counties, and special districts. The other 40 percent goes to schools and community colleges. These shares are different in different counties. Property Includes Land, Buildings, Machinery, and Equipment. Property taxes apply to many kinds of property. Land and buildings are taxed. Businesses also pay property taxes on most other things they own. This includes equipment, machinery, computers, and furniture. We call these things “business equipment.” How Is a Property Tax Bill Calculated? Each property owner’s annual property tax bill is equal to the taxable value of their property multiplied by their property tax rate. The typical property owner’s property tax rate is 1.1 percent. Taxable Value of Land and Buildings Is Based on Original Purchase Price. In the year a piece of land or a building is purchased, its taxable value typically is its purchase price. Each year after that, the property’s taxable value is adjusted for inflation by up to 2 percent. When a property is sold again, its taxable value is reset to its new purchase price. The taxable value of most land and buildings is less than what they could be sold for. This is because the price most properties could be sold for grows faster than 2 percent per year. Taxable Value of Business Equipment Is Based on How Much It Could Be Sold for. Unlike land and buildings, business equipment is taxed based on how much it could be sold for today. Counties Manage the Property Tax. County assessors determine the taxable value of property. County tax collectors bill property owners. County auditors distribute tax revenue to local governments. Statewide, counties spend about $800 million each year on these activities. PROPOSAL Tax Commercial and Industrial Land and Buildings Based on How Much They Could Be Sold for. The measure requires commercial and industrial (after this referred to simply as “commercial”) 22 | Title and Summary / Analysis 166 PROPOSITIONINCREASES FUNDING SOURCES FOR PUBLIC SCHOOLS, COMMUNITY COLLEGES, AND LOCAL GOVERNMENT SERVICES BY CHANGING TAX ASSESSMENT OF COMMERCIAL AND INDUSTRIAL PROPERTY. INITIATIVE CONSTITUTIONAL AMENDMENT. 15 ANALYSIS BY THE LEGISLATIVE ANALYST land and buildings to be taxed based on how much they could be sold for instead of their original purchase price. This change is put in place over time starting in 2022. The change does not start before 2025 for properties used by California businesses that meet certain rules and have 50 or fewer employees. Housing and agricultural land continues to be taxed based on its original purchase price. Some Lower Value Properties Not Included. This change does not apply if the owner has $3 million or less worth of commercial land and buildings in California (adjusted for inflation every two years). These properties continue to be taxed based on original purchase price. Reduce Taxes on Business Equipment. The measure reduces the taxable value of each business’s equipment by $500,000 starting in 2024. Businesses with less than $500,000 of equipment pay no taxes on those items. All property taxes on business equipment are eliminated for California businesses that meet certain rules and have 50 or fewer employees. FISCAL EFFECTS Increased Taxes on Commercial Land and Buildings. Most owners of commercial land and buildings worth more than $3 million would pay higher property taxes. Only some of these property owners would start to pay higher taxes in 2022. By 2025, most of these property owners would pay higher taxes. Beginning in 2025, total property taxes from commercial land and buildings probably would be $8 billion to $12.5 billion higher in most years. The value of commercial property can change a lot from year to year. This means the amount of increased property taxes also could change a lot from year to year. Decreased Taxes on Business Equipment. Property taxes on business equipment probably would be several hundred million dollars lower each year. Money Set Aside to Pay Costs of the Measure. The measure sets aside money for various CONTINUED costs created by the measure. This includes giving several hundred million dollars per year to counties to pay for their costs of carrying out the measure. The measure would increase the amount of work county assessors do and could require changes in how they do their work. Counties could have costs from the measure before new money is available to cover these costs. The state would loan money to counties to cover these initial costs until new property tax revenue is available. New Funding for Local Governments and Schools. Overall, $6.5 billion to $11.5 billion per year in new property taxes would go to local governments. 60 percent would go to cities, counties, and special districts. Each city, county, or special district’s share of the money depends on several things including the amount of new taxes paid by commercial properties in that community. Not all governments would be guaranteed new money. Some in rural areas may end up losing money because of lower taxes on business equipment. The other 40 percent would increase funding for schools and community colleges. Each school or community college’s share of the money is mostly based on how many students they have. Visit http://cal-access.sos.ca.gov/campaign/ measures/ for a list of committees primarily formed to support or oppose this measure. Visit http://www.fppc.ca.gov/ transparency/top-contributors.html to access the committee’s top 10 contributors. If you desire a copy of the full text of this state measure, please call the Secretary of State at (800) 345-VOTE (8683) or you can email vigfeedback@sos.ca.gov and a copy will be mailed at no cost to you. 15 Analysis | 23 167 PROPOSITION 22 EXEMPTS APP-BASED TRANSPORTATION AND DELIVERY COMPANIES FROM PROVIDING EMPLOYEE BENEFITS TO CERTAIN DRIVERS. INITIATIVE STATUTE. OFFICIAL TITLE AND SUMMARY PREPARED BY THE ATTORNEY GENERAL The text of this measure can be found on the Secretary of State’s website at voterguide.sos.ca.gov. • Classifies drivers for app-based transportation (rideshare) and delivery companies as “independent contractors,” not “employees,” unless company: sets drivers’ hours, requires acceptance of specific ride or delivery requests, or restricts working for other companies. • Independent contractors are not covered by various state employment laws—including minimum wage, overtime, unemployment insurance, and workers’ compensation. • Instead, independent-contractor drivers would be entitled to other compensation—including minimum earnings, healthcare subsidies, and vehicle insurance. • Restricts certain local regulation of app-based drivers. • Criminalizes impersonation of drivers. SUMMARY OF LEGISLATIVE ANALYST’S ESTIMATE OF NET STATE AND LOCAL GOVERNMENT FISCAL IMPACT: • Minor increase in state income taxes paid by rideshare and delivery company drivers and investors. ANALYSIS BY THE LEGISLATIVE ANALYST BACKGROUND App-Based Rides and Delivery. Some companies allow customers to hire rides or order food for delivery on a phone app. These companies are often called rideshare and delivery companies. Most large rideshare and delivery companies are headquartered in California. In total, these companies are worth about as much as Ford, General Motors, and Fiat Chrysler combined. Rideshare and Delivery Companies Hire Drivers as Independent Contractors. An independent contractor is someone who does work for a business but is not an employee of the business. Drivers for rideshare and delivery companies choose when, where, and how much to work. Drivers use their own cars and pay their own expenses. Most Drivers Work Part Time. Most drivers work part time and many drivers only work for a short time or only drive occasionally. Rideshare and delivery companies pay drivers a share of the fare or delivery charge customers pay for app-based services. Drivers spend about one-third of their time waiting for rides and deliveries and are not paid during this time. Most drivers probably make between $11 and $16 per hour, after accounting for waiting time and driving expenses. The State Says Rideshare and Delivery Companies Must Hire Drivers as Employees. The state recently passed a law that limits the ability of companies to hire workers as independent contractors. The state Attorney General says the law means rideshare and delivery companies must hire drivers as employees. The rideshare and delivery companies do not agree that the new state law makes their drivers employees. The companies continue to hire drivers as independent contractors. The state Attorney General recently sued two rideshare companies to force them to hire drivers as employees. If the courts agree with the Attorney General, the companies will have to hire drivers as employees. As Employees, Drivers Would Get Standard Benefits and Protections. As employees, drivers would get standard job benefits and protections that independent contractors do not get. For example, employees must be paid at least a minimum wage plus extra pay for overtime. Employees also must be allowed to take breaks and take paid time off if they are sick. At the same time, as employees, drivers would have less choice about when, where, and how much to work. 22 56 | Title and Summary / Analysis 168 PROPOSITION EXEMPTS APP-BASED TRANSPORTATION AND DELIVERY COMPANIES FROM PROVIDING EMPLOYEE BENEFITS TO CERTAIN DRIVERS. INITIATIVE STATUTE. 22 ANALYSIS BY THE LEGISLATIVE ANALYST CONTINUED PROPOSAL Makes Drivers Independent Contractors. This measure makes app-based rideshare and delivery drivers independent contractors. The new state law that limits the ability of companies to hire independent contractors would not apply to drivers. Gives Drivers Certain Benefits. This measure requires rideshare and delivery companies to provide certain benefits: • Earnings Minimum. This measure requires companies to pay 120 percent of the local minimum wage for each hour a driver spends driving, but not time spent waiting. • Health Insurance Stipend. For drivers who normally work more than 15 hours per week (not including waiting time), this measure requires that companies help pay for health insurance. • Pay For Costs When a Driver Gets Hurt on the Job. This measure requires that companies pay medical costs and replace some lost income when a driver is injured while driving or waiting. • Rest Policy. This measure prohibits drivers from working more than 12 hours in a 24-hour period for a single rideshare or delivery company. • Other Requirements. This measure prohibits workplace discrimination and requires that companies: (1) develop sexual harassment policies, (2) conduct criminal background checks, and (3) mandate safety training for drivers. Limits Local Government Ability to Set Additional Rules. This measure limits the ability of cities and counties to place additional rules on rideshare and delivery companies. FISCAL EFFECTS Whether rideshare and delivery drivers are employees or independent contractors is still being decided in the courts. The fiscal effects below assume that the courts agree with the state that drivers are employees under the new state law. Lower Costs and Higher Profits for Rideshare and Delivery Companies. This measure allows rideshare and delivery companies to hire drivers as independent contractors instead of employees. The companies would not have to pay the costs of providing standard employee benefits and protections, which usually make up 20 percent of employee costs. This would allow the companies to charge lower fares and delivery fees. With lower prices, customers would take more rides and place more orders. This could increase the companies’ profits. Higher profits would increase the companies’ stock prices. Drivers and Stockholders Would Pay More Income Taxes. Because people would take more rides and place more orders, drivers as a group would earn more income. This means state income taxes paid by drivers would increase. Californians who own rideshare and delivery company stock also may earn more when they sell the stock. They would pay state income taxes on these increased gains. The amount of increased state personal income taxes paid by drivers and stockholders is unknown, but likely minor. SUMMARY OF FISCAL EFFECTS This measure would have the following fiscal effect: • Minor increase in state income taxes paid by rideshare and delivery company drivers and investors. Visit http://cal-access.sos.ca.gov/campaign/ measures/ for a list of committees primarily formed to support or oppose this measure. Visit http://www.fppc.ca.gov/ transparency/top-contributors.html to access the committee’s top 10 contributors. If you desire a copy of the full text of this state measure, please call the Secretary of State at (800) 345-VOTE (8683) or you can email vigfeedback@sos.ca.gov and a copy will be mailed at no cost to you. Analysis | 57 22 169 170 171 172 173 174 175 176 City of Huntington Beach File #:20-1909 MEETING DATE:10/5/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Kelly Rodriguez, Assistant Chief of Police Travis K. Hopkins, Assistant City Manager Subject: Consider Regulations Related to Rules of Civility and Decorum at Public Meetings and at City Hall by Approving for Introduction Ordinance No. 4220 to Add Chapter 2.29 to the Huntington Beach Municipal Code (HBMC), and Adopting Resolution No. 2020-62 Related to Rules of Decorum at Public Meetings Statement of Issue: During the past year, as society has worked to address complex issues ranging from COVID-19 to social unrest, the Huntington Beach community, like many jurisdictions, has experienced a decline in traditional levels of civility and decorum during public discourse. To help address the situation, staff has worked to develop proposed rules of civility and decorum for public meetings and at City Hall through Resolution No. 2020-62 and Ordinance No. 4220. Financial Impact: None. Recommended Action: A) Approve for introduction Ordinance No. 4220, “An Ordinance of the City of Huntington Beach Adding Chapter 2.29 to the Huntington Beach Municipal Code Regarding Conduct on City Hall Campus;” and, B) Adopt Resolution No. 2020-62, “A Resolution of the City Council of the City of Huntington Beach Governing Rules of Decorum at Public Meetings.” Alternative Action(s): Do not adopt proposed rules and provide staff with additional direction. Analysis: In an effort to promote more civil discourse and dialogue, presented for City Council consideration are Resolution No. 2020-62, and Ordinance No. 4220. City of Huntington Beach Printed on 9/30/2020Page 1 of 2 powered by Legistar™177 File #:20-1909 MEETING DATE:10/5/2020 Resolution No. 2020-62 seeks to adopt rules of decorum that would be applicable to all public meetings for those with a formal association with the City. The guidelines call for elected officials, board members, commissioners, committee members, task force members, and staff attending public meetings to “treat others civilly, respectfully, professionally, courteously and focus on the issues and avoid personalizing debate.” In addition Ordinance No. 4220 has been developed to institute reasonable rules of decorum for the public when participating in public meetings at the City Hall Campus. The provisions contemplated by the ordinance call for increased civility through prohibitions activities that cause significant disruption during a public meeting. These two regulations build on the development of the City’s Code of Ethics (adopted and amended in 1993, 2003, 2004, 2010, and 2016) that commits to encouraging democratic processes, individual rights of expression, and civic engagement that allows for robust debate and tolerance for disparate views. A copy of the most recent adopted Code of Ethics is included as an attachment for review. Environmental Status: Not applicable Strategic Plan Goal: Enhance and maintain high quality City services Attachment(s): 1. To be distributed via supplemental communications - Ordinance No. 4220, “An Ordinance of the City of Huntington Beach Adding Chapter 2.29 to the Huntington Beach Municipal Code Regarding Conduct on City Hall Campus” 2. Resolution No. 2020-62, “A Resolution of The City Council of the City of Huntington Beach Governing Rules of Decorum at Public Meetings” 3. Resolution No. 2016-73, “A Resolution of the City Council of the City of Huntington Beach Amending the City’s Code of Ethics” City of Huntington Beach Printed on 9/30/2020Page 2 of 2 powered by Legistar™178 Ordinance No. 4220 to follow via Supplemental Communications 179 180 181 182 183 184 185 186 187 City of Huntington Beach File #:20-1926 MEETING DATE:10/5/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Travis K. Hopkins, Assistant City Manager Subject: Approve for Introduction Ordinance No. 4219 Adding Chapter 10.49 to the Huntington Beach Municipal Code (HBMC) Relating to the Prohibition on Repairs and Sales of Bicycles and Bicycles Parts on Public Property Statement of Issue: On September 8, 2020, the City Council approved a Council Member Item Report submitted by Council Member Brenden related to prohibitions on the repair and sale of bicycles and bicycle parts on public property. The item was introduced based on an increase of reported bicycle thefts in Huntington Beach, with many of these bicycles then being dismantled and sold on public property. In order to address the illegal activity and discourage the associated bicycle clutter on public property, it is recommended that the City Council approve for introduction Ordinance No. 4219 Adding Chapter 10.49 relating to a prohibition on the repair and sale of bicycles and bicycle parts on public property . Financial Impact: None. Recommended Action: Approve for Introduction Ordinance No. 4219, “An Ordinance of the City of Huntington Beach adding Chapter 10.49 to the Huntington Beach Municipal Code relating to the prohibition on repairs and sales of bicycles and bicycle parts on public property.” Alternative Action(s): Do not approve and direct staff accordingly. Analysis: There has been an increase in the number of stolen bicycles in the City. Many of these stolen bicycles are then dismantled and sold on public property. These types of illegal activity, commonly called “bike chop shops,” have been difficult to prevent with the current enforcement tools the City has available. City of Huntington Beach Printed on 9/30/2020Page 1 of 2 powered by Legistar™188 File #:20-1926 MEETING DATE:10/5/2020 On September 8, 2020, the City Council directed that staff draft regulations that that would prohibit the disassembly, sale, and distribution of bicycles and bicycles parts on public property. If approved, these new rules would be enforced when the following circumstances occur on any street, sidewalk, alley, or public property within the city: 1. Three (3) or more bicycles 2. A bicycle frame with the gear cables or brakes able cut 3. Two (2) or more bicycles with missing parts 4. Five (5) or more bicycle parts. Of note, the prohibition would not apply in situations when individuals are operating with a valid City License or Permit that authorizes such activities, or when the owner of the bicycle or bicycle part is present. Environmental Status: Adoption of the ordinance is exempt pursuant to CEQA Guidelines Section 15061(b)(3) Strategic Plan Goal: Enhance and modernize public safety service delivery Attachment(s): 1. Ordinance No. 4219 Adding Chapter 10.49 to the HBMC Relating to the Prohibition on Repairs and Sales of Bicycles and Bicycles Parts on Public Property 2. Legislative Draft - Ordinance No. 4219 Adding Chapter 10.49 Relating to the Prohibition on Repairs and Sales of Bicycles and Bicycles Parts on Public Property City of Huntington Beach Printed on 9/30/2020Page 2 of 2 powered by Legistar™189 190 191 192