Switzer, Donna
From: Estanislau, Robin
Sent: Monday, June 6, 2022 6:09 PM
To: Switzer, Donna
Subject: FW: Agenda Item #8 - Charter Review Ballot Measure ad hoc committee Attachments: Whistleblower letter_05.31.2022.pdf
SC
Robin Estanislau, CMC, City Clerk SUPPLEMENTAL
City of Huntington Beach COMMUNICATION
714-536-5405
Meeting Date: 6/7/22
Agonda lom Na: 8(22 - 466)
Please consider the HB City Clerk's office for your passport needs! From: Gino J. Bruno <[email protected]>
Sent: Thursday, June 2, 2022 8:38 PM
To: CITY COUNCIL <[email protected]>
Cc: Joyce, Sean <[email protected]>; Gates, Michael <[email protected]>; Estanislau, Robin <[email protected]>
Subject: Agenda Item #8 - Charter Review Ballot Measure ad hoc committee Council members:
Item #8 on Tuesday's City Council Agenda deals with appointing three Council members to serve on a "Charter Review Ballot Measure ad hoc committee" as proposed by Councilmembers Mike Posey and Dan Kalmick at the May 17t meeting, tasked with reviewing the recommendations of the Charter Review Committee and thereafter making recommendations to the full Council. It would also write the arguments for the Charter amendment ballot measures.
Being an ad hoc committee composed of less than a majority of the City Council, the Charter Review Ballot Measure ad hoc committee is not subject to the Brown Act [see, Government Code Section 54952(b)] and would meet secretly beyond the scrutiny of the public.
In view of the serious allegations of malfeasance alleged in the May 31, 2022 whistleblower letter from the law firm Lencek, Pourfallah & Associates addressed to the Orange County Power Authority (see attached) and copied to the Orange County District Attorney, the California State Attorney General, and the Enforcement Division of the Fair Political Practices Commission, it would, at the very least, be bad optics to appoint either Councilmember Posey or Councilmember Kalmick to this Charter Review Ballot Measure ad hoc committee, and would destroy any credibility it otherwise might have.
Thank you.
1 Gino J. Bruno
Huntington Beach
2 LENCEK, POURFALLAH
& ASSOCIATES
May 31, 2022
Orange County Power Authority
3349 Michelson Drive, Suite 200
Irvine, CA 92612-8881
c/o Ryan Baron, General Counsel
VIA: Overnight Mail and Email: [email protected]
Mr. Baron:
My firm has been retained to represent Brian Probolsky ("Client") to advocate on behalf of whistleblower claims made against Huntington Beach City Councilmembers and Orange County Power Authority Board Members, Mike Posey and Dan Kalmick.
My client brings forward these allegations in an effort to protect the public's interest. He has reasonable cause to believe that the actions disclosed in this letter are a violation of state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation. As a whistleblower, my client will aggressively pursue all legal rights and remedies under Labor Code Section 1102.5.
We request the below allegations be fully investigated and reviewed for any criminal or civil violations, and all findings and reports be provided to me at the contact information below.
I. Mike Posey & Dan Kalmick Conspired to Defraud Government Agency:
Based on multiple witness accounts spanning several weeks, Huntington Beach Councilmen Mike Posey and Dan Kalmick have allegedly conspired together to exert inappropriate influence over the Orange County Power Authority, to enrich themselves at the expense of the taxpayers.
At the meeting of the Huntington Beach City Council held on May 17, 2022, Councilmember Posey abruptly resigned his seat on the Orange County Power Authority, and subsequently, the City appointed Councilmember Kalmick in his place. Under the same council action, the council reinstalled Posey as Huntington Beach's alternate representative to the Orange County Power Authority. This conduct is in violation of the Brown Act as follows:
Lencek, Pourfallah & Associates
25422 Trabuco Rd. Ste. 105 #277, Lake Forest, CA 92630
Tel: 949 532 7400 Cell: 949 874 5432 Email: [email protected]
LENCEK, POURFALLAH
& ASSOCIATES
II. Brown Act Violation: Failure to Properly Notice Council Action:
Under the Brown Act, the public must receive proper notice of a government body's action. If an agenda item does not provide the public with an adequate description of an action the board intends to take or provides a description that is misleading, then the public has not received adequate notice of public items in which they may wish to participate.
In this case, on May 17, 2022, Council Agenda Item #9 was noticed as "22-428 Re-appointment of Huntington Beach representative to the Orange County Power Authority (OCPA), and update of the 2022 Council Liaison List." Attached hereto as Exhibit A is a true and correct copy of the 05/17/2022 Council Agenda. By characterizing the agenda item as a re-appointment, rather than a new appointment, the City not only misled the public but also lacked the legal authority under the Brown Act to deviate from this action when roles were swapped by Posey and Kalmick, as no re-appointment of a former board member occurred. Ultimately, the public was deprived of ample time to anticipate Posey and Kalmick's plot to swap roles, which at a minimum, is a violation of the state's open meeting law. Attached hereto as Exhibit B is a true and correct copy of the City of Huntington Beach 2022 Council Liaison List, which clearly identifies Posey as the City of Huntington Beach's representative to the OCPA, with Kalmick as alternate (see page 5 of 6 of the attached exhibit, item #5), which confirms that this was not a re- appointment, but rather a new appointment, which changes the nature of the agenda item.
To date, the Orange County Power Authority has received no formal notice from the City of Huntington Beach authorizing a change in its delegated representative.
III. Brown Act Violation: Serial Meeting and Another Failure to Properly Notice Council Action, and Criminal Liability for Violating Conflict of Interest Laws:
a. Brown Act Violation: Serial Meeting
Information communicated to a quorum through series of contacts, individual phone calls ("daisy chain"), or a third person ("spoke and wheel") to evade the public is a "meeting". 63 Opps.Atty. Gen. 820 (1980); Stockton Newpapers v. Stockton Redevelop. Agency, 171 CArd 95 (1985); Common Cause v. Stirling, 147 CArd 518 (1893). Moreover, a serial meeting can occur even when the communication is for the purpose of developing a concurrence as to action to be taken on substantive matters that are or are likely to be on the board's agenda.
Here, Kalmick attempted to coordinate an official government action outside of a properly noticed meeting, when on or about May 2022, Kalmick called other Board Members asking for their support in next steps to remove existing agency management, including CEO Brian Lencek, Pourfallah & Associates
25422 Trabuco Rd. Ste. 105 #277, Lake Forest, CA 92630
Tel: 949 532 7400 Cell: 949 874 5432 Email: [email protected]
LENCEK, POURFALLAH
& ASSOCIATES
Probolsky. This plot and scheme constituted a meeting, or at the very least a serial meeting, within the scope of the Brown Act. By calling Board Member Sonne, Board Member Jung, Board Member Khan, and others in an attempt to evade a public meeting via individual phones calls (spoke and wheel"), an illegal violation of the state's open meeting law occurred, and a serial meeting was conducted in violation of the Brown Act. b. Brown Act Violation: Another Failure to Properly Notice Council Action:
Once again, under the Brown Act, the public must receive proper notice of a government body's action.
Kalmick's series of calls to board members in May 2022, constituted a serial meeting as described above for the purpose of developing a concurrence as to a substantive action to be taken within the board's jurisdiction. Because the board failed to give adequate or any notice to the public of a government body's deliberation or discussion on the matter, Kalmick's actions once again violated the Brown Act and open meeting laws. c. Criminal Violation of Conflict-of-Interest Laws:
Additionally, as further support, on or about May 25, 2022, Huntington Beach City Councilman Mike Posey attended an event with several other people, including but not limited to Orange County Supervisor Don Wagner (an OCA Board Member not part of the conspiracy), a former vendor of the OCPA, and Paul Simonds, an employee of Curt Pringle & Associates. When asked why he had swapped seats with Kakmick on the OCPA Board, he replied that since he was termed out of office, he had an interest in working for OCPA as Chief Business Officer.
Currently, the Orange County Power Authority has no position of "Chief Business Officer" nor any plans to create such a position.
Posey and Kalmick's attempt to subvert the state's open meeting laws is part of an attempt to not only to self-deal in violation of their fiduciary duties, but also to create an oral employment contract for a non-existent position as "Chief Business Officer." As OCPA board members, both Kalmick and Posey owe a fiduciary duty of loyalty and care, and to act in good faith and fair dealing. As has been relayed to many people at various events over the past several weeks, several witness accounts establish that Posey and Kalmick conspired to create a common plan and scheme to insert Kalmick onto OCPA's Board, fire the CEO, Brian Probolsky, and hire Posey to serve as "Chief Business Officer" - a position neither authorized nor created by the other Board members.
Lencek, Pourfallah & Associates
25422 Trabuco Rd. Ste. 105#277, Lake Forest, CA 92630
Tel: 949 532 7400 Cell: 949 874 5432 Email: [email protected]
LENCEK, POURFALLAH
& ASSOCIATES
Additionally, due to the conduct described above, Posey and Kalmick have both violated Government Code Section 1090, as they are attempting to steer a job to Board Member Posey by trading out Board seats in exchange for a paid position with OCPA.
Government Code section 1090 prohibits an officer or employee from entering into or participating in making contracts in which they have a financial interest:
(a) Members of the Legislature, state, county, district, judicial district, and city officers or employees shall not be financially interested in any contract made by them in their official capacity, or by any body or board of which they are members. Nor shall state, county, district, judicial district, and city officers or employees be purchasers at any sale or vendors at any purchase made by them in their official capacity. (Gov. Code, § 1090, subd. (a).)
On or about May 26, 2022, in furtherance of the conspiracy, and against the policies and procedures of the OCPA and California law, Kalmick began calling OCPA Board Members, requesting their attendance at a June 7, 2022, Special Meeting to "clean house" at OCPA, where they plan on executing their illegal scheme.
In addition to seeking to enrich himself through the creation of a new "Chief Business Officer" position, Posey has exerted undue influence over the Orange County Power Authority and abused his position as a Board Member by making several unsuccessful requests that OCA hire two of his political associates. My Client repeatedly refused these inappropriate requests and has reason to believe that Posey's actions pushing for his removal are retribution.
On or about May 29, 2022, Board Member Sonne finally outlined the conspiracy to CFO Tiffany Law. In a phone call to Law, Sonne outlined that "there will be a special meeting, there are votes to fire Brian, bring in management from Marin, and hire new Executives." Sonne also told Law "not to believe anyone who says anything differently." The reasons cited by Sonne to Law included "lack of experience and transparency." CFO Law reported this conversation to CEO Probolsky immediately because she believed that it was both inappropriate and untrue. CFO Law has more experience in CCE's than any of the Board Members and can and will speak to CEO Probolsky's professionalism and leadership. As for transparency with Sonne, the fact that she has been part of a conspiracy to remove Probolsky speaks for itself as to why she would feel that she wasn't getting all of the available information.
My client, OCPA CEO, Brian Probolsky, is entitled to whistleblower protections under state law.
He is an experienced government executive with more than a decade in government management, and fourteen years working in public utilities. Under the leadership of Probolsky, Lencek, Pourfallah & Associates
25422 Trabuco Rd. Ste. 105#277, Lake Forest, CA 92630
Tel: 949 532 7400 Cell: 949 874 5432 Email: [email protected]
LENCEK, POURFALLAH
& ASSOCIATES
OCPA has enjoyed financial and operational success like other California power agencies and has achieved the single highest proportion of 100% renewable customers in the State. The "cover" of Brian's "lack of experience" is nothing more than a cover story for Posey, Kalmick, and Sonner to attempt to carry out their conspiracy to take control of the organization and to install their people.
Mr. Probolsky is acting in the capacity of whistle blower and is entitled to the protections afforded to whistleblowers under the law. His sole motivation has been and continues to be the success of the Agency. He is fulfilling his duties as head of a public agency, accountable to the taxpayers, to protect the public and prevent Directors Posey and Kalmick from executing their conspiracy to defraud the public.
We request the below allegations be fully investigated and reviewed for any criminal or civil violations, and all findings and reports be provided to me at the contact information below.
Sincerely,
Mean fenck
Megan Lencek, Esq.
Managing Attorney
CC: (1) Orange County District Attorney
(2) California State Attorney General
(3) FPPC Enforcement Division
Lencek, Pourfallah & Associates
25422 Trabuco Rd. Ste. 105 #277, Lake Forest, CA 92630
Tel: 949 532 7400 Cell: 949 874 5432 Email: [email protected]
LENCEK, POURFALLAH
& ASSOCIATES
EXHIBIT A
Lencek, Pourfallah & Associates
25422 Trabuco Rd. Ste. 105 #277, Lake Forest, CA 92630
Tel: 949 532 7400 Cell: 949 874 5432 Email: [email protected] AGENDA
City Council/Public Financing Authority
Tuesday, May 17, 2022
Special Meeting of the Housing Authority
REVISED 5/13/22 - Item *26 Added
4:00 Study Session / No Closed Session
MAYOR AND CITY COUNCIL Council Chambers STAFF
BARBARA DELGLEIZE, Mayor 2000 Main Street SEAN JOYCE, Interim City Manager MIKE POSEY, Mayor Pro Tem MICHAEL E. GATES, City Attorney RHONDA BOLTON, Councilmember Huntington Beach, CA 92648 ROBIN ESTANISLAU, City Clerk KIM CARR, Councilmember ALISA BACKSTROM, City Treasurer DAN KALMICK, Councilmember Virtual via Zoom Webinar
NATALIE MOSER, Councilmember
ERIK PETERSON, Councilmember
IN-PERSON PUBLIC PARTICIPATION/ZOOM ACCESS: Members wishing to attend the meeting in person are encouraged to wear a face covering.
Assembly Bill 361 (AB 361) authorizes public meetings to take place via teleconference (i.e., virtual using Zoom), or in person if in part, State and Local officials continue to recommend measures to In addition to this hybrid format, alternate ways to view City Council livestreamed on HBTV Channel 3 (replayed on Wednesday's at 10:00 a.m. and Thursday's at 6:00 p.m.); live and archived meetings for on-demand viewing accessed from https://huntingtonbeach.legistar.com/calendar; 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 by Zoom Webinar ID 971 5413 0528 via computer device, or by phone at 669) 900-6833. The Zoom Webinar can be accessed here: https://huntingtonbeach.zoom.us/j/97154130528. Instructions for those utilizing computer devices to request to speak are provided in each section of the agenda where public comments are accepted.
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 via [email protected]. or City. [email protected].
Supplemental Communications are public record, and if received by 2:00 PM 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 following the 2:00 PM deadline will be incorporated into the administrative record.
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 May 17, 2022
Authority
4:00 PM - COUNCIL CHAMBERS
CALL TO ORDER
ROLL CALL
Peterson, Bolton, Posey, Delgleize, Carr, Moser, Kalmick ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS PERTAINING TO STUDY SESSION ITEM (3 Minute Time Limit) - At approximately 4:00PM, individuals wishing to provide a comment on items) scheduled for Study Session may do so either in person by filling out a Request to Speak form delivered to the City Clerk, via computer through Zoom Webinar ID 971 5413 0528, or Zoom Webinar by phone by calling (669) 900-6833. Once the Mayor opens Public Comments, in-person participants will be called to speak first. Zoom Webinar participants wishing to speak will be provided a 15-minute window to select the "Raise Hand" feature in the Webinar Controls section. Attendees entering the Webinar and requesting to speak by phone can enter *9 to enable the "Raise Hand" feature, followed by the *6 prompt that unmutes their handheld device microphone. Individuals will be prompted to speak when the Clerk announces their name or the last three digits of their phone number. After a virtual speaker concludes their comment, their microphone will be muted. 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.
STUDY SESSION
1. 22-399 Proposed FY 2022/23 Budget Review
6:00 PM - COUNCIL CHAMBERS
RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING AND CALL TO ORDER
THE SPECIAL MEETING OF THE HOUSING AUTHORITY
ROLL CALL
Peterson, Bolton, Posey, Delgleize, Carr, Moser, 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.
22-182 Bir T.S. Grewall of Singh Community Orange County and member of the Greater Huntington Beach Interfaith Council
City Council/Public Financing AGENDA May 17, 2022
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AWARDS AND PRESENTATIONS
22-307 Mayor Delgleize to invite Huntington Beach Central Park Conservancy, Inc. representatives to present a check to the City of Huntington Beach
4. 22-435 Mayor Delgleize to proclaim National Police Week May 15 through 21 and call on Police Chief Eric Parra to present a proclamation to the family of fallen Officer Nicholas Vella, who died in the line of duty in a helicopter accident on February 19, 2022
22-426 Mayor Delgleize to proclaim May as Asian American and Pacific Islander Heritage Month
22-409 Mayor Delgleize to proclaim May as Military Appreciation Month and call on Lieutenant Colonel, Special Forces, Brian G. Mulhern, Civilian Aide to the Secretary of the Army, Bridget Blehm, and other representatives from the military to accept the proclamation
7. 22-375 Mayor Delgleize to proclaim National Public Works Week May 15 through 21 and present proclamation to Public Works Director Sean Crumby
22-407 Mayor Delgleize to call on Mr. Ernie Junious and Pastor Brian K.
Gatlin, husband and son respectively, of the late Barbara Junious, to present a commendation in honor of her legacy and the lasting impact she had on the Huntington Beach community
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 do so either in person by filling out a Request to Speak form delivered to the City Clerk, via computer through Zoom Webinar ID 971 5413 0528, or Zoom Webinar by phone by calling (669) 900-6833. Once the Mayor opens Public Comments, in-person participants will be called to speak first. Zoom Webinar participants wishing to speak will be provided a 15-minute window to select the "Raise Hand" feature in the Webinar Controls section. Attendees entering the Webinar and requesting to speak by phone can enter *g to enable the "Raise Hand" feature, followed by the *6 prompt that unmutes their handheld device microphone. Individuals will be prompted to speak when the Clerk announces their name or the last three digits of their phone number. After a virtual speaker concludes their comment, their microphone will be muted but they may remain in Webinar attendance for the duration of the
City Council/Public Financing AGENDA May 17, 2022
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meeting. 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.
While the City Council welcomes public involvement and free speech, it rejects comments from anyone that are discriminatory, defamatory or otherwise not protected 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 - APPOINTMENTS - LIAISON REPORTS, AB 1234 REPORTING, AND
OPENNESS IN NEGOTIATIONS DISCLOSURES
22-428 Re-appointment of Huntington Beach representative to the Orange County Power Authority (OCPA), and update of the 2022 Council Liaison List
Recommended Action:
Re-appoint a Huntington Beach representative to the Orange County Power Authority (OCPA), and update the 2022 Council Liaison List that includes appointments to citizen boards, commissions, committees, and task forces for calendar year 2022.
CITY MANAGER'S REPORT
CONSENT CALENDAR
10. 22-402 Approve and Adopt Minutes
Recommended Action:
Approve and adopt the City Council/Public Financing Authority regular, and Housing Authority special meeting minutes dated May 3, 2022.
11. 22-392 Approve one or more appointments to the Design Review Board as recommended by City Council Liaisons Erik Peterson and Dan Kalmick
Recommended Action:
A) Approve the appointment of Matthew Fertal as an At-Large member of the DRB through May 17, 2026, the end of the term for the current vacancy; and/or, B) Approve the appointment of Lilli Cutler as an At-Large member of the DRB through May 17, 2026, the end of the term for the current vacancy.
12. 22-004 Reaffirm adoption of Resolution No. 2021-62 finding a proclaimed state of emergency continues to impact the ability to meet safely in
City Council/Public Financing AGENDA May 17, 2022
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person, and allows meetings of the City Council and all City boards, commissions and committees to be conducted remotely as needed in compliance with new Brown Act provisions identified in Assembly Bill 361
Recommended Action:
Reaffirm Resolution No. 2021-62, "A Resolution of the City Council of the City of Huntington Beach, California, finding that the proclaimed state of emergency continues t impact the ability to meet safely in person.
13. 22-397 Adopt Resolution No. 2022-27 authorizing an application for funds for the Environmental Cleanup, Tier 1 Grant Program under the Orange County Transportation Authority (OCTA) Environmental Cleanup Program
Recommended Action:
Adopt Resolution No. 2022-27, "A Resolution of the City Council of the City of Huntington Beach Authorizing an Application for Funds for the Environmental Cleanup, Tier 1 Grant Program Under Orange County Local Transportation Ordinance No. 3 for the Huntington Beach Trash Removal Project, Phase 2 - Atlanta Pump Station Retrofit."
14. 22-362 Accept bid and authorize execution of a construction contract with Alfaro Communications Construction, Inc. in the amount of $148,441.40 for the construction of Fiber Optic Communication to the Oak View community Center, CC-1636, and authorize change orders not to exceed 15 percent
Recommended Action:
A) Accept the lowest responsive and responsible bid submitted by Alfaro Communications Construction, Inc., in the amount of $148,441.40; and, B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney; and,
C) Authorize the Director of Public Works to execute change orders not to exceed a total of 15 percent of the contract costs, or $22,266.
15. 22-423 Approve and accept the public improvements, release the securities for, and accept a guarantee and warranty bond for the
Windbourne/Franklin Project (Tract 18147)
Recommended Action:
A) Accept the improvements constructed and dedicated for public use with Tract 18147, and instruct the City Clerk to record the Notice of Acceptance of Public Improvements (Attachment 2) with the Orange County Recorder; and,
City Council/Public Financing AGENDA May 17, 2022
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B) Accept Guarantee and Warranty Bond No. PB03010405878-M (Attachment 3); the security furnished for guarantee and warranty of public improvements, and instruct the City Clerk to file a bond with the City Treasurer; and,
C) Instruct the City Clerk to notify the developer, TRI Point Homes, Inc., of this action, and the City Treasurer to notify the Surety, the Philadelphia Indemnity Insurance Company, of this action.
16. 22-268 Approve and authorize execution of an Affordable Housing Loan Agreement between the Housing Authority, American Family Housing, and National Core for the Homekey HB Oasis Project located at 17251 Beach Boulevard and authorize the City Manager to enter into a future funding agreement between the City and the County of Orange for homelessness prevention supportive services; adopt City Council Resolution No. 2022-20 and Housing Authority Resolution No. 07
Recommended Action:
A) Find the Homekey Project exempt from CEQA pursuant to Public Resources Code Section 21080.50 and Health and Safety Code Sections 50675.1.3 and Section 50675.1.4, and direct staff to file a Notice of Exemption; and, B) Adopt City Council Resolution No. 2022-20 (Attachment 2), "A Resolution of the City Council of the City of Huntington Beach Approving Actions related to the Use of $4.21 Million in Low and Moderate Income Housing Asset and HOME-ARP Funding for the Homekey Motel Conversion Project located at 17251 Beach Boulevard; Finding the Homekey Project Exempt from California Environmental Quality Act Finding per Section 21080.50 and directing Staff to File a Notice of Exemption; and Authorize the City Manager to Negotiate, Execute and Implement a Future Funding Agreement as necessary related to the $1.81 Million in HOME-ARP Funds"; and,
C) Adopt Authority Resolution No. 7 (Attachment 4), "A Resolution of the Huntington Beach Housing Authority Approving an Affordable Housing Agreement with American Family Housing and National Community Renaissance of California for $2.4 Million in Low and Moderate Income Housing Asset Funds for the Homekey Motel Conversion Project located at 17251 Beach Boulevard and Authorize the Executive Director to take Necessary Actions to Execute and Implement the Agreement"; and, D) Appropriate $2.4 million in the Low and Moderate Income Housing Fund (Fund 352) for the Homekey Conversion Project and appropriate $1.81 million in HOME ARP Funds to go toward the fifth year supportive services costs as needed.
17. 22-217 Approve and authorize execution of a Memorandum of Understanding (MOU) between the City of Huntington Beach and the
City Council/Public Financing AGENDA May 17, 2022
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Huntington Beach Central Park Conservancy, Inc. (HBCPC) Recommended Action:
Approve and authorize the Mayor and City Clerk to execute the "Memorandum of Understanding Between the City of Huntington Beach and the Huntington Beach Central Park Conservancy, Inc."
18. 22-367 Approve and authorize execution of Amendment No. 2 to Professional Service Contract between the City of Huntington Beach and CSG Consultants, Inc. for professional building inspection services
Recommended Action:
Approve and authorize the Mayor and City Clerk to execute "Amendment No. 2 to Agreement Between the City of Huntington Beach and CSG Consultants, Inc. for Counter Service and Field Inspections of Construction Projects."
19. 22-393 Approve and authorize execution of Amendment No. 2 to Agreement with Tripepi Smith and Associates extending the existing three-year agreement for an additional year for Cablecasting Services for City Council and Planning Commission Meetings
Recommended Action:
Approve and authorize the Mayor and City Clerk to execute, "Amendment No. 2 to Agreement Between the City of Huntington Beach and Tripepi Smith and Associates for City Council and Planning Commission Meeting Cablecasting Services."
20. 22-410 Approve and authorize a month-to-month rental agreement with Phan Property Management to continue leasing the Oak View Police Substation on 17477 Beach Boulevard
Recommended Action:
Approve and authorize the Mayor and City Clerk to execute the month-to-month "Vista Beach & Slater Centre" lease agreement with Phan Property Management for the continued lease of 17477 Beach Bld.
21. 22-403 Adopt Uncodified Police Equipment Use Policy Ordinance No. 4255 consistent with Assembly Bill No. 481 and making a Finding of Exemption under CEQA
Approved for introduction May 3, 2022 - Vote: 7-0
Recommended Action:
Adopt Uncodified Police Equipment Use Policy Ordinance 4255, "An Ordinance of the City Council of the City of Huntington Beach Adopting a Military Equipment Use Policy Consistent With Assembly Bill No. 481, and Making a Finding of Exemption Under
City Council/Public Financing AGENDA May 17, 2022
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CEQA."
PUBLIC HEARING
Individuals wishing to provide a comment on an item scheduled for Public Hearing may do so either in person by filling out a Request to Speak form delivered to the City Clerk, via computer through Zoom Webinar ID 971 5413 0528, or Zoom Webinar by phone by calling (669) 900-6833.
Once the Mayor opens Public Comments, in-person participants will be called to speak first. Zoom Webinar participants wishing to speak will be provided a 15-minute window to select the "Raise Hand" feature in the Webinar Controls section. Attendees entering the Webinar and requesting to speak by phone can enter *9 to enable the "Raise Hand" feature, followed by the *6 prompt that unmutes their handheld device microphone. Individuals will be prompted to speak when the Clerk announces their name or the last three digits of their phone number. After a virtual speaker concludes their comment, their microphone will be muted but they may remain in Webinar attendance for the duration of the meeting. 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.
22. 22-361 Approve for introduction Ordinance No. 4252 approving Zoning Text Amendment No. 22-001 amending development standards for minor accessory structures
Recommended Action:
A) Find that Zoning Text Amendment No. 22-001 is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15601(b)(3) (General Rule) of the CEQA Guidelines, because there is no potential for the amendment to the Huntington Beach Zoning and Subdivision Ordinance to have a significant effect on the environment, and,
B) Approve Zoning Text Amendment No. 22-001 with findings (Attachment No. 1) by approving introduction of City Council Ordinance No. 4252, "An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 203 and Chapter 230 of the Huntington Beach Zoning and Subdivision Ordinance Relating to Minor Accessory Structures (Zoning Text Amendment No. 22-001)" (Attachment No. 2).
23. 22-396 Approve Tentative Tract Map No. 18157 and Conditional Use Permit No. 17-042 (Ellis Avenue Condos)
Recommended Action:
A) Find the proposed project exempt from the California Environmental Quality Act pursuant to Section 15182 of the CEQA Guidelines and Government Code 65457; and, B) Approve Tentative Tract Map No. 18157 and Conditional Use Permit No. 17-042 with findings and conditions of approval (Attachment No. 1).
ADMINISTRATIVE ITEMS
City Council/Public Financing AGENDA May 17, 2022
Authority
24. 22-417 Introduction of the Proposed Memorandum of Understanding (MOU) Between the Surf City Lifeguard Employees' Association (SCLEA and the City of Huntington Beach for June 11, 2022, through June 30, 2025
Recommended Action:
Approve the introduction of the proposed Memorandum of Understanding between the Surf City Lifeguard Employees' Association and the City of Huntington Beach for June 11, 2022, through June 30, 2025.
COUNCILMEMBER ITEMS
25. 22-434 Submitted by Councilmembers Bolton and Moser - Direct staff to perform a comprehensive update of the Coyote Management Plan Recommended Action:
Direct staff to identify operational enhancements to the City's Coyote Management Plan, as described, and provide a status report of same within 30 days. *26. 22-447 Submitted by Councilmembers Kalmick and Posey - Formation of Charter Review Ballot Measure Ad Hoc Committee
Recommended Action:
Form an ad hoc committee to review Charter Review Commission work product and make a recommendation to the full Council on what ballot items should be presented to the voters and how those items will be packaged together. This committee should also be tasked with coordinating the creation of arguments for the charter amendment ballot measures.
COUNCILMEMBER COMMENTS (Not Agendized)
ADJOURNMENT
The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Tuesday, June 7, 2022, 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
LENCEK, POURFALLAH
& ASSOCIATES
EXHIBIT B
Lencek, Pourfallah & Associates
25422 Trabuco Rd. Ste. 105 #277, Lake Forest, CA 92630
Tel: 949 532 7400 Cell: 949 874 5432 Email: [email protected]
CITY OF HUNTINGTON BEACH
2022 COUNCIL LIAISON LIST
CITIZEN BOARDS, COMMISSIONS, AND COMMITTEES
(Citizen Members Appointed by City Council to Four-Year Terms) Citizen Group Council Liaisons Meeting Date/Place** Staffing Department Citizen Infrastructure Advisory Individual Appointments 3rd Wed. Monthly, 5:00 PM Public Works Board / Public Works Commission* Utilities Yard, 19021 Huntington St Citizen Participation Advisory Individual Appointments 1st Thurs. Monthly, 6:00 PM, Community Development Board (CPAB) City Hall Lower-Level B-8
Community & Library Services Individual Appointments 2nd Wed. Monthly, 6:00 PM, Community & Library Commission* Zoom / City Hall Council Chamber Services
4. Design Review Board (DRB) Kalmick, Peterson 2nd Thurs. Monthly, 3:30 PM, Community Development City Hall Lower Level, B-8
Environmental & Sustainability Kalmick, Moser 2nd Wed. Every other month, 6:00 PM, City Manager's Office Board* (also served as Chair and Vice City Hall Lower Level, B-8 Chair of the Board)
Finance Commission Individual Appointments 4th Wed. Monthly, 5:00 PM Finance Location varies month to month
(Zoom, B-7/B-8, Caucus Room)
7. Fourth of July Executive Board Moser, Peterson 1st Wed. Monthly, 6:00 PM, Community & Library Zoom / City Hall Lower-Level B-8 Services
Harbor Commission Peterson, Posey 4th Thurs. Monthly, 5:00 PM, Fire City Hall Lower-Level B-8
Historic Resources Board Bolton, Peterson 3rd Wed. Monthly, 5:00 PM, Community & Library City Hall Lower-Level B-7 Services
10. Human Relations Committee Bolton, Moser 2nd Tues. Monthly, 6:45 PM, City Manager's Office City Hall Lower-Level B-7
11. Investment Advisory Board Individual Appointments 3rd Thur. Quarterly (January, April, July, City Treasurer October), 6:00 PM, Via Zoom
2022 Council Liaison List
Citizen Group Council Liaisons Meeting Date/Place** Staffing Department
12. Jet Noise Commission Bolton, Delgleize 4th Mon. Monthly, 5:30 PM, City Manager's Office City Hall Lower Level B-7
13. Mobile Home Advisory Board Carr, Kalmick 4th Mon, 5:00 PM City Manager's Office Quarterly (January, April, July, October),
Zoom / City Hall Lower-Level B-8
14. Personnel Commission*** Carr, Moser 3rd Wed. Monthly, 5:30 PM, Administrative Services City Hall Lower-Level B-8
15. Planning Commission Individual Appointments 2nd & 4th Tues. Monthly, 6:00 PM Community Development City Hall Council Chambers
16. Youth Board Carr, Moser 2nd Mon, Monthly, 3:30 PM (No Meetings - Community & Library June, July, Aug.) Services
City Hall, 5th Floor Conf. Room
17.T Sunset Beach N/A 2n Tues., Monthly, 7:30 PM Community Development Local Coastal Nobles Family Community Center
Program Review Board****
18. Charter Review Committee Individual Appointments TBD City Manager's Office (Ad-hoc)
* Pending approval of ordinances on 12/21/2021.
**Meeting Date/Place is subject to change.
incorporate the LCPRB in the municipal code.
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2022 Council Liaison List
CITY OF HUNTINGTON BEACH
COUNCIL COMMITTEES (STANDING)
(Created by City Council Action, consisting of three Council members; subject to the Brown Act) Council Committee Committee Members Meeting Date/Place** Department Communications Committee Carr, Kalmick, Moser 4th Tues. Monthly, 3:30 PM, City Manager's Office City Hall 4th Floor, CR #1
Economic Development Committee Delgleize, Carr, Posey 2nd Wed., Every Other Month, 3:30 PM, Community Development (EDC) (Mayor, Mayor Pro Tem, Immediate City Hall Lower Level B8 Past Mayor - prescribed)
Intergovernmental Relations Delgleize, Posey, Kalmick 3rd Wed. Monthly, 4:00 PM, City Manager's Office Committee (IRC) City Hall 4th Floor, CR #2
Oversight Board of the Huntington Posey Twice per year and as needed. 4:30 PM, City Clerk's Office Beach Successor Agency (Mayor's appointee, two County City Hall Lower Level, Room B-8 Board Supervisors Appointees&
OCSD rep).
Smart Cities & Technology Delgleize, Kalmick, Moser As needed, Public Works Committee TBD
COUNCIL COMMITTEES (AD-HOC)
(Created by City Council Action; not subject to the Brown Act) Council Committee Committee Members Meeting Date/Place Department Downtown Urban Design Study Carr, Kalmick, Moser As Needed Community Development (Ad-hoc)
Housing / RHNA Committee Bolton, Kalmick, Posey As Needed Community Development (Ad-hoc)
Short Term Rental Committee Bolton, Carr, Delgleize As Needed Community Development (Ad-hoc)
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2022 Council Liaison List
OTHER CITY AND CITIZEN COMMITTEES
(Created by City Council Action; not subject to the Brown Act, Community Meetings w/ Roundtable format) Citizen Group Council Liaisons Meeting Date/Place** Department
1. Specific Events Executive Committee Bolton, Delgleize As needed Community & Library City Hall Lower Level, Room B-8 Services
Homeless Task Force Bolton, Delgleize, Moser 3rd Wednesday, 3:00 p.m., Police Department City Hall Lower Level B-7
Huntington Central Park Collaborative Delgleize, Moser Last Tuesday of the Month, 4:30-6:40 PM Community & Library City Hall Lower Level Room B-8 Services
Oakview Task Force / Community Bolton, Carr, Moser Quarterly, 3rd Thursday of March, June, Community & Library Meetings September, December, 4:00PM, Services
Oak View Elementary
School District / City Delgleize, Moser 2nd Mon. Quarterly, 3:30 PM, City Manager's Office City Hall Lower Level B-7
Southeast Area Committee Bolton, Carr, Peterson 4th Wed., 4:30 PM, Every two month (Jan. City Manager's Office March, May, July, September, Nov.)
City Hall Lower Level Room B8 and Zoom
Sunset Beach Area Committee Bolton, Delgleize, Peterson As needed, Community Development City Hall Lower Level Room B-8
COMMUNITY GROUPS/ INDEPENDENT CITY-AFFILIATED BOARDS
(Community groups both local and regional requiring participation by one or two Council Members; Citizen Members are not appointees) Citizen Group Council Liaisons Meeting Date/Place** Department
1. Huntington Beach Council on Aging Carr, Delgleize 1st Thurs, Monthly, 9:00 AM Senior Center Community & Library (EMG, Room 1) Services
Huntington Beach Downtown Business Carr, Moser 2nd Thursday, 9:00 AM, Huntington Beach Community Development Improvement District (Downtown BID)* Art Center
3. Neighborhood Watch Bolton, Posey 2nd Tues, 6:00 PM (No meeting in July, Police Department Aug, Dec), Police Dept, 1st Fl. Conf. Room
4. Sister City Association Carr, Peterson 2nd Wednesday, Central Library Community & Library (Room TBA), 6:00 PM Services
*subject to the Brown Act
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2022 Council Liaison List
COMMUNITY & REGIONAL AGENCIES AND COMMITTEES
(Appointed by Mayor)
Name of Agency/Committee Appointee Meeting Date/ Place** California Coastal Coalition (CalCoast) Board Bolton, Kalmick 2-3 meetings/year, various places
2. Huntington Beach Chamber of Commerce Kalmick, Posey Quarterly, meeting time varies. Golden West College, Government Affairs Committee 15744 Golden West St., Admin Bldg. 4-Room 137
4. O.C. Council of Governments (OCCOG) Posey, Bolton (Alternate) 4th Thurs, 10:30 AM, Monthly, Irvine City Hall, City Council Chambers, 1 Civic Center Plaza, Irvine
Orange County Power Authority (OCPA) Posey, Kalmick (Alternate) 2nd Tues, 10 AM, Monthly, Virtual Meeting via Zoom Term: Four (4) years
O.C. Sanitation District (OCSD) Carr, Kalmick (Alternate) 4th Wed of every month, 6:00 PM, Board of Directors Virtual Meeting via Zoom /
(Plus Committee assigned by Chair) OCSD Administrative Office, $212.50 per meeting 10844 Ellis Ave., Fountain Valley, CA
7. O.C. Mosquito & Vector Control District Posey 3rd Thurs of every month, 3:00 PM.
Board of Trustees Virtual Meeting / OCMVD Headquarter, 13001 Garden $100 per meeting Grove Blvd, 92843
Santa Ana River Flood Protection Agency Delgleize, Bolton (Alternate) Executive Committee Meetings: 4th Thurs, 4:00 PM, January, (SARFPA) Fal Agency Metings ume, Nover
Southern California Association of Posey, Bolton (Alternate) 1st Thurs, 9:00 AM - 2:00 PM Governments (SCAG) (Whoever is on SCAG is also on Virtual Meeting / SCAG Office, Downtown L.A.
Regional Council District 64 Delegate* OCCOG)
Term: Two (2) years /$120 per meeting
10. Visit Huntington Beach Delgleize, Moser (Alternate) Monthly, usually Tuesday at 3:30 PM but varies.
Advocacy Committee Virtual Meeting via Zoom /
VHB Office, 155 Fifth Street, Suite 111, Huntington Beach
11. West O.C. Water Board (WOWB) Kalmick, Moser 3rd Wednesday, 4:00 PM, (January, April, July and October), $100 per quarterly meeting Utilities Operations Building, 19001 Huntington St. 5 of 6
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APPOINTMENTS BY STATE & REGIONAL AGENCIES
(FOR INFORMATIONAL PURPOSES ONLY)
Name of Agency/Committee Appointments
Association of California Cities - Orange County (ACC-OC) Board of Directors Delgleize California Commission on Aging Carr (appointed by Speaker Anthony Rendon) City Selection Committee- Held with League of Cities O.C. Division Meeting Mayor or Council Member designee (prescribed)
League of California Cities -Orange County Division Executive Board Carr League of California Cities - Environmental Quality Board Carr League of California Cities - Housing, Community and Economic Development Policy Committee (Meetings occur quarterly Jan, Apr, June, & Sept. Thurs.
League of California Cities - Public Safety Policy Committee (Meetings occur quarterly: Jan, Apr, June, & Sept. Thurs.
League of California Cities - Community Services Policy Committee (Meetings occur quarterly: Jan, Apr, June, & Sept. Thurs.
League of California Cities -Administrative Services Policy Committee
10. League of California Cities - Coastal Cities Group / Leadership Committee
11. Orange County Transportation Authority (OCTA) Board of Directors Delgleize (as elected by City Selection) 2nd & 4th Monday, 9:00 AM,
OCTA Headquarters, 550 S. Main St., Orange, CA Conf. Room 07-08 / Zoom
12. OCTA Citizen Advisory Committee Kalmick
Orange County Waste Management Commission (OCWMC)
Quarterly-2nd Thursday in March, June, September & December, 2:00 PM Virtual Meeting via Zoom
14. SCAG - Energy and Environmental Policy Committee Kalmick
15. SCAG -Transportation & Communications Committee
1st Thurs, 10 am, SCAG Offices, Downtown L.A.
16. SCAG -Community, Economic, & Human Development (CEHD) Posey 1st Thurs, 10 am, SCAG Offices, Downtown L.A.
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Annual Appointment to the City of Huntington Beach Agencies/ Authorities/Corporations December2021-December2022
There is no remuneration for serving or attending meetings Huntington Beach HousingAuthority Public Financing Authority Chairperson: Barbara Delgleize Chair: Barbara Delgleize Vice Chairperson: Mike Posey Vice Chair: Mike Posey
Commissioners: Rhonda Bolton, Kim Carr, Dan Kalmick, Directors: Rhonda Bolton, Kim Carr, Dan Kalmick, Natalie Moser, Erik Peterson Natalie Moser, Erik Peterson Executive Officer: Sean Joyce
Authority Treasurer: Alisa Backstrom Authority Treasurer: Alisa Backstrom Authority Clerk: Robin Estanislau Authority Secretary: Robin Estanislau Authority Attorney: Michael E. Gates Authority Attorney: Michael E. Gates parking Avthority Successor Agency tothe Former RedevelopmentAgency of President: Barbara Delgleize the City of Huntington Beach Chairperson: Barbara Delgleize
Vice President: Mike Posey Vice Chairperson: Mike Posey Directors: Rhonda Boton, Kim Carr, Dan Kalmick, Commissioners: Rhonda Bolton, Kim Carr, Dan Kalmick, Natalie Moser, Erik Peterson Natalie Moser, Erik Peterson Chief Executive Director: Sean Joyce Executive Director: Sean Joyce Authority Treasurer: Alisa Backstrom Agency Treasurer: Alisa Backstrom Authority Secretary: Robin Estanislau Agency Clerk: Robin Estanislau LegalAdvisor: Michael E. Gates General Legal Counsel: Michael E.Gates Switzer, Donna
From: Janet Bean <[email protected]>
Sent: saturday, June 4, 2022 12:31 PN
To: :[email protected]; CITY COUNCI
Subject: Tuesday June 7th Agenda
I am writing to let you know that as a citizen of HB, I am so disgusted by yet another power grab by this sitting council. We want a City Attorney that we vote on, not one that you choose as your puppet to do your bidding. The only fair way we can be assured of less corruption, is by a vote of the citizens, not a handful of elected officials who have a cleat agenda that is not good for the city.
I am against an appointed city attorney, I am against you having the authority to bring in your own attorney to nullify our elected attorneys position. I am against term limits on the city attorney, that should be up to the voters, if we feel the attorney is not acting in the best interest of the community, it is up to US to decide to not elect him. NOT YOU!! This is clearly a hit job because he is not your puppet.
I also feel that since Kim Carr is aligned with a person the FBI deems as a criminal, she should recuse herself from anything to do with the city until it is proved that she is not involved in such activity.
I also feel that Mike Posey and Dan Kalmick, due to their unethical behavior with OPCA, they as well should be recused from anything to do with the city until it is deemed that their involvement is not as unethical as it appears.
A citizen tired of this power grabbing council,
Janet Bean
SUPPLEMENTAL
COMMUNICATION
Meeting Date. 6/7/22
Agenda lem No: 8/22-4164)
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