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 [email protected]. 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 [email protected].
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.
AGENDA
City Council/Public Financing Authority
Tuesday, August 1, 2023
5:00 PM - Closed Session
6:00 PM - Regular Business Meeting
**REVISED - ITEM #18 WITHDRAWN**
Council Chambers
2000 Main Street
Huntington Beach, CA 92648
MAYOR AND CITY COUNCIL
TONY STRICKLAND, Mayor
GRACEY VAN DER MARK, Mayor Pro Tem
RHONDA BOLTON, Councilmember
PAT BURNS, Councilmember
DAN KALMICK, Councilmember
CASEY McKEON, Councilmember
NATALIE MOSER, Councilmember
STAFF
AL ZELINKA, City Manager
MICHAEL E. GATES, City Attorney
ROBIN ESTANISLAU, City Clerk
ALISA BACKSTROM, City Treasurer
AGENDA August 1, 2023City Council/Public Financing
Authority
5:00 PM - COUNCIL CHAMBERS
CALL TO ORDER
ROLL CALL
Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, Burns CITY COUNCILMEMBER 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 (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 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 [email protected].
RECESS TO CLOSED SESSION
CLOSED SESSION
23-6611. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Gov. Code section 54956.8.) Property: Huntington Central Park Equestrian Center located at 18381 Goldenwest Street, Huntington Beach, CA 92648 (APN: 894-901-96). Agency negotiator: Chris Cole, Acting Deputy Director, Community & Library Services; Kriss Casanova, Economic Development Manager, Community Development;
William Krill, Real Estate & Project Manager, Public Works.
Negotiating parties: Mary Behrens, President, National Equestrian Centers, Inc. Under negotiation: Amendment to the current lease. 6:00 PM – COUNCIL CHAMBERS
AGENDA August 1, 2023City Council/Public Financing
Authority
RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING
ROLL CALL
Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, Burns
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.
23-6622. Huntington Beach Police Chaplain James Pike
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 [email protected].
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.
AGENDA August 1, 2023City Council/Public Financing
Authority
23-6643. Appoint Voting Delegate and Alternates for the League of California Cities Annual Conference and Expo - September 20-22, 2023 Appoint a City Council Member to serve as the voting delegate and a City Council Member as an alternate, to represent the City of Huntington Beach at the 2023 League of California Cities Annual Conference & Expo. The General Assembly will be held on Friday, September 22, 2023.
Recommended Action:
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
23-6104. OneHB Public Service Excellence Vision
CITY TREASURER'S REPORT
23-5785. Receive and File the City Treasurer’s June 2023 Quarterly Report Receive and File the City Treasurer’s Quarterly Report for June 2023, pursuant to Section
17.0 of the Investment Policy of the City of Huntington Beach.
Recommended Action:
CITY ATTORNEY'S REPORT
23-6126. In response to Dec 20, 2022 City Council direction, report on history of authorized actions in the Moore v. City, Gates lawsuit and report on review of RWG involvement
23-6717. Update on Pacific Airshow v. City of Huntington Beach lawsuit
CONSENT CALENDAR
CITY CLERK
23-6528. Approve and Adopt Minutes
AGENDA August 1, 2023City Council/Public Financing
Authority
A) Approve and adopt the City Council/Public Financing Authority special meeting minutes of June 8, 2023; and,
B) Approve and adopt the City Council/Public Financing Authority regular, and Housing Authority special meeting minutes of July 18, 2023
Recommended Action:
23-6639. July Update of Activities for Citizen Boards, Commissions, Committees (BCCs) and Regional Agencies
Receive and File.
Recommended Action:
COMMUNITY DEVELOPMENT
23-63010. Adopt Resolution 2023-35 Confirming Cost Report for Weed Abatement on Private Parcels within the City for the 2023 Season A) Adopt Resolution 2023-35 “A Resolution of the City Council of the City of Huntington Beach Confirming the Report of the Public Works Director Regarding the Cost for Weed Abatement on Private Property Within the City for the 2023 Season;” and, B) Direct that all charges listed thereon be certified to the Orange County 2023/24 Property Tax Roll.
Recommended Action:
COMMUNITY AND LIBRARY SERVICES
23-63111. Approve the Non-Exclusive License Agreement between the City of Huntington Beach and Children’s Bureau of Southern California for the Operation of the Oak View Center
Approve and authorize the Mayor and the City Clerk to execute the non-exclusive license agreement between the City of Huntington Beach and Children’s Bureau of Southern California for the continued operation of the Oak View Center.
Recommended Action:
23-64212. Approve the design concept and placement of a memorial plaque honoring Donald MacAllister, Past Mayor, on Tower Zero of the Huntington Beach Municipal Pier as recommended by the
Community & Library Service Commission
Approve the design concept and placement of a memorial plaque honoring Donald “Don” Andrews MacAllister at Tower Zero on the Huntington Beach Municipal Pier as recommended by the Community & Library Services Commission.
Recommended Action:
AGENDA August 1, 2023City Council/Public Financing
Authority
FIRE DEPARTMENT
23-59913. Approve and authorize execution of Amendment No. 2 to agreement between the City of Huntington Beach and Wittman Enterprises, LLC for additional compensation not to exceed $320,000 to provide billing services for emergency paramedic and ambulance services Approve and authorize the Mayor and City Clerk to execute “Amendment No. 2 to Agreement Between the City of Huntington Beach and Wittman Enterprises, LLC for Billing Services for Emergency Paramedic and Ambulance Services” for additional compensation not to exceed $320,000.
Recommended Action:
23-65714. Approve and accept the Fiscal Year (FY) 2022 Assistance to Firefighters Grant; authorize the Fire Chief and Chief Financial Officer to execute documents; and approve budget appropriations A) Approve and accept the FY 2022 Assistance to Firefighters Grant awarded to the City of Huntington Beach; and
B) Assign authority to the Fire Chief and Chief Financial Officer as the officials to execute and sign for the FY 2022 Assistance to Firefighters Grant award, agreement, amendments, and extensions; and
C) Approve the budget appropriations and expenditures of $144,290.90, which is the federal award amount. The remaining $14,429.10 non-federal matching requirement will be funded by existing budget appropriations in the FY 2023/24 Fire Department operating budget.
Recommended Action:
HUMAN RESOURCES
23-63915. Approve the reappointment of Dianne Thompson and appointment of Charles Barsam, Justin Betance and Ron Pasqual to the Personnel Commission, as recommended by Council Liaisons, Mayor Pro Tem Gracey Van Der Mark and Council Member Pat Burns Approve the reappointment of Dianne Thompson, and the appointment of Charles Barsam, Justin Betance and Ron Pasqual to the Personnel Commission for the term of July 1, 2023 through June 30, 2025, as recommended by the Council Liaisons to the Personnel Commission.
Recommended Action:
23-66016. Approval of Professional Services Contract between the City of Huntington Beach and INTERCARE for Workers’ Compensation Third
AGENDA August 1, 2023City Council/Public Financing
Authority
Party Administration of Claims
Approve the Professional Services Contract between the City of Huntington Beach and INTERCARE for Workers’ Compensation Third Party Administration of Claims for a three-year term.
Recommended Action:
23-50117. Adopt Resolution No. 2023-36 of the City Council of the City of Huntington Beach approving the Side Letter to the Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Fire Management Association for the term July 1, 2021 through December 31, 2023
Adopt Resolution No. 2023-36, “A Resolution of the City Council of the City of Huntington Beach Approving the Side Letter to the Memorandum of Understanding Between the City of Huntington Beach and the Huntington Beach Fire Management Association for the Term July 1, 2021 through December 31, 2023” authorizing the Side Letter between the City of Huntington Beach and the Huntington Beach Fire Management Association for the term beginning July 1, 2021 through December 31, 2023.
Recommended Action:
23-656**18. **ITEM 18 IS WITHDRAWN FROM CITY COUNCIL CONSIDERATION** Pursuant to the Non-Associated (NA) Resolution, approve Pay Step for new hire, Chief Assistant City Attorney, Randy J. Risner, and authorize the City Attorney to enter into such an employment contract
Approve NA Salary Schedule Pay Step G effective April 1, 2023 for new hire, Chief Assistant City Attorney, Randy J. Risner and authorize the City Attorney to enter into such an employment contract.
Recommended Action:
POLICE DEPARTMENT
23-64719. Request authorization to use Supplemental Law Enforcement Services Fund (SLESF) monies to fund up to $500,000 in increased costs for the purchase of the City’s third police helicopter A) Authorize the use of up to $500K in SLESF funds to cover the outlined expenses; and B) Appropriate up to $500K from the SLESF fund balance to account 98470101.
Recommended Action:
23-64820. Request to approve a three year agreement with Waymakers for Gang Prevention and Intervention Program services
AGENDA August 1, 2023City Council/Public Financing
Authority
Approve and authorize the Mayor and City Clerk to execute a “Professional Services Contract between the City of Huntington Beach and Waymakers for the Management of Gang Prevention and Intervention Program.”
Recommended Action:
23-62921. Approve and authorize execution of a one-year agreement with the Riverside County Sheriff’s Department to participate in Operation Stone Garden
A) Approve and authorize Police Chief Eric G. Parra to execute the “Agreement for Fiscal Year 2022 Operation Stonegarden (OPSG);” and,
B) Appropriate $369,000 in grant funding for Operation Stone Garden.
Recommended Action:
23-49822. Approve and authorize the execution of contract amendments with Norman A. Traub & Associates, LLC and Beard Investigative Services, LLC for background investigative services, increasing compensation by $75,000 per contract and extending the terms through June 30, 2024
A) Approve and authorize the Mayor and City Clerk to execute “Amendment No. 3 to Agreement between the City of Huntington Beach and Norman A. Traub and Associates LLC for Background Services” (Attachment 1); and,
B) Approve and authorize the Mayor and City Clerk to execute “Amendment No. 2 to Agreement between the City of Huntington Beach and Beard Investigative Services LLC for Background Investigative Services” (Attachment 2).
Recommended Action:
PUBLIC WORKS
23-64423. Accept the lowest responsive and responsible bid and authorize the execution of a construction contract with Excel Paving Inc. for $418,250 for the Flow Line Half Round Drainage Inlet Structures Project, CC1733
A) Accept the lowest responsive and responsible bid submitted by Excel Paving Inc. in the amount of $418,250;
B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City attorney; and
C) Approve the appropriation of $180,988 from the Drainage Fund (211) to account Recommended Action:
AGENDA August 1, 2023City Council/Public Financing
Authority
21188007.82500.
23-62124. Award and authorize the execution of a construction contract with Mehta Mechanical Company, Inc., in the amount of $4,134,200 for the Humboldt Sewer Lift Station Replacement Project, CC-1634 A) Accept the lowest responsive and responsible bid submitted by Mehta Mechanical Company, Inc., in the amount of $4,134,200; and,
B) Appropriate $887,502 from the undesignated Sewer Service fund balance to 51189017.82600; and,
C) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney.
Recommended Action:
23-60825. Accept the lowest responsive and responsible bid and authorize execution of a construction contract with Sancon Technologies, Inc. in the amount of $1,318,770 for the Fiscal Year 22/23 Sewer Lining Project, CC-1728
A) Accept the lowest responsive and responsible bid submitted by Sancon Technologies, Inc. in the amount of $1,318,770.00; and
B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney.
Recommended Action:
23-56526. Approve a Sole Source Procurement Request with Cascade Pump Company for the servicing or replacement of mixed or axial flow pumps used at all 15 flood control stations
Approve the sole source procurement request with Cascade Pump Company to service the City’s existing Cascade pumps at its flood control stations.
Recommended Action:
ADMINISTRATIVE ITEMS
23-64127. Recommendations to streamline and restructure a select number of citizen-led Boards, Commissions, and Committees and Council Committees
A) Consider the Ad Hoc Committee’s nine recommendations to reform, consolidate, and/or dissolve a select number of BCCs, as outlined in the staff report below; and Recommended Action:
AGENDA August 1, 2023City Council/Public Financing
Authority
B) Direct staff to work with the City Attorney’s Office and develop the appropriate Resolution(s), Ordinance(s), and other documents necessary to implement City Council directed adjustments and bring them back to the City Council; and
C) Direct staff to plan an appropriate event to recognize and thank citizen appointees who will be retiring due to this restructuring effort for their contribution. 23-67028. Consider the City Council Charter Review Ad Hoc Committee’s recommended Charter Amendments for placement as ballot
measures at the March 5, 2024 Statewide Primary Election A) As requested by the Ad Hoc committee, consider one or more Charter amendments for placement on one or more ballot measures for voter approval during the March 5, 2024 Statewide Primary Election; and,
B) Direct the City Attorney to review each amendment and direct staff to prepare and return ballot measure language and all other materials required for submittal to the ROV for City Council consideration.
Recommended Action:
COUNCILMEMBER ITEMS
23-67229. Submitted by Councilmember Burns - Amending the Declaration of Policy on Human Dignity
Recommend that the City Council amend the Declaration of Policy on Human Dignity through an Ad Hoc Committee of three City Council members appointed by the Mayor; and, the amendments to the Declaration of Policy on Human Dignity be presented at a future City Council Meeting, October 3, 2023 to the City Council for approval of the newly amended Declaration of Policy on Human Dignity.
Recommended Action:
ADJOURNMENT
The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Tuesday, September 5, 2023, in the Civic Center Council Chambers, 2000 Main Street, Huntington Beach, California.
The Huntington Beach City Council/Public Financing Authority regular meeting of August 15, 2023 has been cancelled due to a lack of quorum.
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