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, January 16, 2024
Council Chambers
2000 Main Street
Huntington Beach, CA 92648MAYOR AND CITY COUNCIL
GRACEY VAN DER MARK, Mayor
PAT BURNS, Mayor Pro Tem
RHONDA BOLTON, Councilmember
DAN KALMICK, Councilmember
CASEY McKEON, Councilmember
NATALIE MOSER, Councilmember
TONY STRICKLAND, Councilmember
STAFF
ERIC G. PARRA, Interim City Manager
MICHAEL E. GATES, City Attorney
ROBIN ESTANISLAU, City Clerk
ALISA BACKSTROM, City Treasurer
AGENDA January 16, 2024City Council/Public Financing
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 [email protected].
STUDY SESSION
24-0191. Water & Sewer Rate Study
RECESS TO CLOSED SESSION
CLOSED SESSION
24-0272. 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.
24-0283. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION.
AGENDA January 16, 2024City Council/Public Financing
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.
24-0294. 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.
24-0155. 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
AGENDA January 16, 2024City Council/Public Financing
Authority
[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.
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
24-0206. 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
24-0427. 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
24-0438. 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)
AGENDA January 16, 2024City Council/Public Financing
Authority
City Clerk
24-0109. Approve and Adopt Minutes
Approve and adopt the City Council/Public Financing Authority regular meeting minutes of December 19, 2023.
Recommended Action:
23-105610. 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
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.”
Recommended Action:
24-00911. Annual Review of the City Code of Ethics
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.
Recommended Action:
Community and Library Services
24-01412. Approve reappointments to the Independence Day Board with terms to expire September 30, 2027
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.
Recommended Action:
Human Resources
24-00713. Adopt Resolution 2024-03 appointing Danielle Tellez as Interim
AGENDA January 16, 2024City Council/Public Financing
Authority
Director of Human Resources and approving the Employment Agreement
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.
Recommended Action:
24-00814. 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 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.
Recommended Action:
23-107415. 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
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.
Recommended Action:
23-107516. 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
AGENDA January 16, 2024City Council/Public Financing
Authority
funds
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.
Recommended Action:
Public Works
23-105517. Approve and execute the Second Amendment with Los Angeles SMSA to the Schedule of Leased Property for Fire Station No. 7 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.
Recommended Action:
Police
24-01118. 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) 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.
Recommended Action:
ADMINISTRATIVE ITEMS
23-107119. FY 2023-2027 Strategic Plan - Biannual Progress Update #1 Receive and file the FY 2023-2027 Strategic Plan - Biannual Progress Update #1.
Recommended Action:
COUNCIL MEMBER ITEMS
24-03920. Item Submitted by Mayor Pro Tem Burns - Council Recommended Action Regarding Rhone Lane/OC San Reg Miller-Holder Easement
AGENDA January 16, 2024City Council/Public Financing
Authority
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.
Recommended Action:
24-04621. Item Submitted by Council Members Bolton, Kalmick and Moser - Rhone Lane - OC San Easement Issue
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.
Recommended Action:
24-04522. Item Submitted by Council Members Bolton, Kalmick and Moser - Expedited Plan Check for Development
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.
Recommended Action:
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