City Council/Public Financing Authority

AGENDA City Council/Public Financing Authority Tuesday, January 16, 2024 Council Chambers 2000 Main Street MAYOR AND CITY COUNCIL Huntington Beach, CA 92648 STAFF GRACEY VAN DER MARK, Mayor ERIC G. PARRA, Interim City Manager PAT BURNS, Mayor Pro Tem MICHAEL E. GATES, City Attorney RHONDA BOLTON, Councilmember ROBIN ESTANISLAU, City Clerk DAN KALMICK, Councilmember ALISA BACKSTROM, City Treasurer CASEY McKEON, Councilmember NATALIE MOSER, Councilmember TONY STRICKLAND, Councilmember IN-PERSON PUBLIC PARTICIPATION: Members of the public are welcome to attend City Council meetings in person. Alternate ways to view meetings live or on -demand include: livestreamed on HBTV Channel 3 (replayed on Wednesday at 10:00 a.m. and Thursday at 6:00 p.m.); live and archived meetings for on-demand viewing accessed from https://huntingtonbeach.legistar.com/calendar , https://bit.ly/SurfCityTV, or the City's YouTube Channel at https://www.youtube.com/cityofhb, or from any Roku, Fire TV or Apple device by downloading the Cablecast Screenweave App and searching for the City of Huntington Beach channel. PUBLIC COMMENTS: Individuals wishing to provide a comment on agendized or non -agendized items including Study Session, Closed Session, and Public Hearing, may do so in person in the City Council Chambers by completing a Request to Speak form delivered to the City Clerk. SUPPLEMENTAL COMMUNICATION: Members of the public unable to personally participate in the meeting but interested in communicating with the City Council on agenda -related items are encouraged to submit a written (supplemental) communication to the Council via email at SupplementalComm@Surfcity-hb.org. Supplemental Communications are public record, and if received by 9:00 AM on the day of the meeting, will be distributed to the City Council prior to consideration of agenda-related items, posted to the City website, and announced, but not read, at the meeting. Communications received after the 9:00 AM deadline will be incorporated into the administrative record. Members of the public are also welcome to communicate with the City Council (and staff supporting Council) at City.Council@surfcity-hb.org. 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. City Council/Public Financing AGENDA January 16, 2024 Authority 4:00 PM - COUNCIL CHAMBERS CALL TO ORDER ROLL CALL Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, Kalmick CITY COUNCIL MEMBER COMMENTS (3-Minute Time Limit) The Mayor will facilitate a voluntary opportunity for members of the Huntington Beach City Council to individually make brief comments to the public. Please note that the Brown Act does not allow for lengthy comments, discussion, or action on topics that are not on the agenda. ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS PERTAINING TO STUDY AND/OR CLOSED SESSION ITEMS (Received After Agenda Distribution) PUBLIC COMMENTS PERTAINING TO STUDY AND/OR CLOSED SESSION ITEMS (3-Minute Time Limit) At this time, the City Council will receive comments from members of the public regarding any topic, including items on the Study Session and/or Closed Session agendas. Individuals wishing to provide a comment on item(s) may do so in person by filling out a Request to Speak form delivered to the City Clerk. All speakers are encouraged, but not required to identify themselves by name. Each speaker may have up to 3 minutes unless the volume of speakers warrants reducing the time allowance. Please note that the Brown Act does not allow discussion or action on topics that are not on the agenda. Members of the public who would like to speak directly with a Councilmember on an item not on the agenda may consider scheduling an appointment by contacting the City Council's Administrative Assistant at (714) 536-5553 or emailing the entire City Council at city.council@surfcity-hb.org. STUDY SESSION 1. 24-019 Water & Sewer Rate Study RECESS TO CLOSED SESSION CLOSED SESSION 2. 24-027 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Whittington (Sherrie) v. City of Huntington Beach, et al.; OCSC Case No.: 30-2022-01282344. 3. 24-028 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. Page 1 of 7 City Council/Public Financing AGENDA January 16, 2024 Authority (Paragraph (1) of subdivision (d) of Section 54956.9). Kennedy Commission, et al. v. City of Huntington Beach (Beach-Edinger Corridor); Case No.: 30-2015-00801675. 4. 24-029 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Eric Parra, Interim City Manager; also in attendance: Theresa St Peter, Interim Director of Human Resources; Travis Hopkins, Assistant City Manager; Michael E. Gates, City Attorney and Sunny Han, Chief Financial Officer. Employee Organization: The Huntington Beach Firefighters’ Association (HBFA). 6:00 PM – COUNCIL CHAMBERS RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING ROLL CALL Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, Kalmick PLEDGE OF ALLEGIANCE INVOCATION In permitting a nonsectarian invocation, the City does not intend to proselytize or advance any faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation. 5. 24-015 Huntington Beach Police Chaplain Bob Ewing CLOSED SESSION REPORT BY CITY ATTORNEY ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS (3-Minute Time Limit) At this time, the City Council will receive comments from members of the public regarding any topic, including items on the open session agenda. Individuals wishing to provide a comment may do so in person by filling out a Request to Speak form delivered to the City Clerk. All speakers are encouraged, but not required to identify themselves by name. Each speaker may have up to 3 minutes unless the volume of speakers warrants reducing the time allowance. Please note that the Brown Act does not allow discussion or action on topics that are not on the agenda. Members of the public who would like to speak directly with a Councilmember on an item not on the agenda may consider scheduling an appointment by contacting the City Council's Administrative Assistant at (714) 536-5553 or emailing the entire City Council at Page 2 of 7 City Council/Public Financing AGENDA January 16, 2024 Authority city.council@surfcity-hb.org. While the City Council welcomes public involvement and supports and defends free speech, the City Council rejects comments from anyone that are discriminatory, defamatory or otherwise not protected free speech. Those comments will not inform nor be considered by the City Council and may be cause for the Mayor to interrupt the public speaker. Such public comments will not be consented to or otherwise adopted by the City Council in its discussions and findings for any matter tonight. COUNCIL COMMITTEE APPOINTMENT ANNOUNCEMENTS Councilmembers may make brief announcements on any appointments made to a board, committee, or commission. Councilmembers may not discuss or take any action on these announcements. Announcements are limited to 1 minute. AB 1234 REPORTING Per AB 1234 (Government Code Section 53232.3(d)) Councilmembers who attend a meeting, conference, or similar event at the expense of the City must provide a brief report of the meeting, conference, or similar event during the next regular City Council meeting. Reports are limited to 1 minute. OPENNESS IN NEGOTIATION DISCLOSURES Councilmembers must publicly disclose any meetings or communications with City employee associations, related to the negotiations of labor agreements. Disclosures are limited to 1 minute and must be made by the next regular City Council Meeting. CITY MANAGER'S REPORT 6. 24-020 Proposal for the 2024 Celebration Calendar Program in response to City Council’s December 19, 2023 H Item. Request input from City Council on the proposed calendar of themes and acknowledgments for 2024 and input on the proposed plan for future themes and acknowledgments. CITY ATTORNEY'S REPORT 7. 24-042 Update on the status, post-judgment, of the City’s lawsuit in State Court - City of Huntington Beach v. State Department of Finance involving Redevelopment Reimbursements 8. 24-043 Update on the status involving the City’s Appeal to the Ninth Circuit Court of Appeals - City of Huntington Beach v. State of California involving the City’s challenge to the State RHNA mandates CONSENT CALENDAR (Items 9-18) Page 3 of 7 City Council/Public Financing AGENDA January 16, 2024 Authority City Clerk 9. 24-010 Approve and Adopt Minutes Recommended Action: Approve and adopt the City Council/Public Financing Authority regular meeting minutes of December 19, 2023. 10. 23-1056 Receive and file the City Clerk’s quarterly listing of professional services contracts filed in the City Clerk’s Office between January 1, 2023 and September 30, 2023 Recommended Action: A) 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, 2023 and March 31, 2023;” and, B) 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, 2023 and June 30, 2023;” and, C) 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 July 1, 2023 and September 30, 2023.” 11. 24-009 Annual Review of the City Code of Ethics Recommended Action: Direct the City Clerk to record in the official minutes that the City Code of Ethics was presented to the City Council, City Manager, Chairpersons, and City Department Directors for their review and distribution as required by Resolution No. 2016-73. Community and Library Services 12. 24-014 Approve reappointments to the Independence Day Board with terms to expire September 30, 2027 Recommended Action: As recommended by City Council Member Liaisons Gracey Van Der Mark and Casey McKeon, approve the reappointment of Andi Kowal, Pat Love, Lisa Marie Moreo, Don Ramsey, and Linda Vircks to the Independence Day Board with terms to expire September 30, 2027. Human Resources 13. 24-007 Adopt Resolution 2024-03 appointing Danielle Tellez as Interim Page 4 of 7 City Council/Public Financing AGENDA January 16, 2024 Authority Director of Human Resources and approving the Employment Agreement Recommended Action: A) Adopt Resolution No. 2024 -03, “A Resolution of the City Council of the City of Huntington Beach Appointing Danielle Tellez as Interim Director of Human Resources;” and B) Approve and Authorize the City Manager to execute the “Employment Agreement between the City of Huntington Beach and Danielle Tellez. 14. 24-008 Adopt Resolution 2024-04 Modifying the Non-Elected Non-Represented Employee Pay Schedule to Amend the Compensation for the Assistant City Manager, Fire Chief, and Police Chief effective Fiscal Year 23/24 through Fiscal Year 26/27 Recommended Action: A) Adopt Resolution 2024-04, “A Resolution of the City Council of the City of Huntington Beach Modifying the Non-Elected Non-Represented Employees Pay Schedule to Amend the Compensation for the Assistant City Manager, Fire Chief, and Police Chief effective Fiscal Year 23/24 through Fiscal Year 26/27”; and B) Authorize City Manager or designee to take all administrative and budgetary actions necessary to implement Resolution No. 2024-04. 15. 23-1074 Adopt Resolution No. 2024-01 approving and implementing the Memorandum of Understanding between the Huntington Beach Fire Management Association (FMA) and the City of Huntington Beach for January 1, 2024, through December 31, 2026; and authorize appropriation of funds Recommended Action: A) Adopt Resolution No. 2024 -01, “A Resolution of the City Council of the City of Huntington Beach Approving and Implementing the Memorandum of Understanding Between the Huntington Beach Fire Management Association and the City of Huntington Beach for the period January 1, 2024, and December 31, 2026; and, B) Authorize City Manager or designee to take all administrative and budgetary actions necessary for implementation of Resolution No. 2024 -01. 16. 23-1075 Adopt Resolution No. 2024-02 approving and implementing the Memorandum of Understanding between the Huntington Beach Fire Association (HBFA) and the City of Huntington Beach for January 1, 2024, through December 31, 2026; and authorize appropriation of Page 5 of 7 City Council/Public Financing AGENDA January 16, 2024 Authority funds Recommended Action: A) Adopt Resolution No. 2024 -02, “A Resolution of the City Council of the City of Huntington Beach Approving and Implementing the Memorandum of Understanding Between the Huntington Beach Firefighters’ Association and the City of Huntington Beach for the period January 1, 2024 through December 31, 2026; and, B) Authorize City Manager or designee to take all administrative and budgetary actions necessary for implementation of Resolution No. 2024 -02. Public Works 17. 23-1055 Approve and execute the Second Amendment with Los Angeles SMSA to the Schedule of Leased Property for Fire Station No. 7 Recommended Action: A) Approve the Second Amendment with Los Angeles SMSA to Schedule of Leased Property for Fire Station No. 7; and, B) Authorize the Mayor and City Clerk to sign and execute the Second Amendment to Schedule of Leased Property for Fire Station No. 7. Police 18. 24-011 Adopt Ordinance No. 4303 Amending Chapter 10.44 of the Huntington Beach Municipal Code Relating to Parking - Time Limits (Approved for Introduction on 12/19/2023 by a vote of 7-0) Recommended Action: Adopt Ordinance No. 4303, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 10.44 of the Huntington Beach Municipal Code Relating to Parking - Time Limits” to address special permits regarding parking time limits for recreational vehicles . ADMINISTRATIVE ITEMS 19. 23-1071 FY 2023-2027 Strategic Plan - Biannual Progress Update #1 Recommended Action: Receive and file the FY 2023-2027 Strategic Plan - Biannual Progress Update #1. COUNCIL MEMBER ITEMS 20. 24-039 Item Submitted by Mayor Pro Tem Burns - Council Recommended Action Regarding Rhone Lane/OC San Reg Miller-Holder Easement Page 6 of 7 City Council/Public Financing AGENDA January 16, 2024 Authority Recommended Action: It is requested that the Huntington Beach City Council direct the City Manager and City Attorney to work with OC San and the residents and homeowners of Rhone Lane affected by the Miller-Holder easement towards an agreeable solution if asked by both OC San and the Owners/Residents. 21. 24-046 Item Submitted by Council Members Bolton, Kalmick and Moser - Rhone Lane - OC San Easement Issue Recommended Action: We recommend that the City Council request OC San pause its action for 60 days on this issue at its meeting on January 17, 2024 (We asked the OC San Board Chair to agendize this issue as a placeholder in preparation for our vote tonight or failing that a Special Meeting). We should further engage the City Manager and City Staff to work with OC San staff on additional options available to residents affected by this encroachment. And, if appropriate, have staff convene a town hall with residents and appropriate parties to discuss the issue. 22. 24-045 Item Submitted by Council Members Bolton, Kalmick and Moser - Expedited Plan Check for Development Recommended Action: Direct the City Manager to work with Bargaining Units and the necessary City Departments (e.g. Community Development, Public Works, Fire etc.) to create a voluntary, expedited plan check process with either City Employees (first priority) and/or contracted plan checkers to help expedite the process of getting plans approved. All costs would be borne by the Expedited Plan Check applicant, not the City. ADJOURNMENT The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Tuesday, February 6, 2024, 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 7 of 7