Huntington Beach — 2023-01-17

1. 23-037 Mayor Strickland to announce: Pursuant to Government Code §\n54957.6, the City Council takes this opportunity to publicly introduce\nand identify designated labor negotiators, Al Zelinka, City Manager\nand Peter Brown Chief Negotiator; also in attendance: Jose\nRodriguez, Human Resources Manager, Travis Hopkins, Assistant\nCity Manager; Michael E. Gates, City Attorney; Mike Vigliotta, Chief\nAssistant City Attorney; Eric Parra, Chief of Police; and Sunny Rief,\nAssistant Chief Financial Officer, who will be participating in today's\nClosed Session discussions regarding labor negotiations with:\nHuntington Beach Police Officers’ Association (HBPOA).\nRECESS TO CLOSED SESSION\nCLOSED SESSION

10. 23-025 Update on Downtown Street Closure\nCITY TREASURER'S REPORT

11. 22-916 Adopt Resolution No. 2023-03 approving the 2023 Investment Policy\nRecommended Action:\nAdopt Resolution No. 2023-03, “A Resolution of the City Council of the City of Huntington\nBeach Approving the Statement of Investment Policy 2023.”\nCITY ATTORNEY'S REPORT

12. 23-041 Air Show Environmental Review\nCONSENT CALENDAR\nOffice of City Clerk

15. 21-385 Adopt Resolution No. 2023-01 Amending the Conflict of Interest\nCode\nRecommended Action:\nAdopt Resolution No. 2023-01, “A Resolution of the City Council of the City of Huntington\nBeach Amending its Conflict of Interest Code.”\nFinance Department

16. 23-018 Adopt Successor Agency Resolution Nos. 2023-01 and 2023-02\napproving the Recognized Obligation Payment Schedule (ROPS) and\nAdministrative Budget for the Huntington Beach Successor Agency\nfor the period of July 1, 2023, through June 30, 2024, in accordance\nwith Health and Safety Code Section 34177 and related actions\nRecommended Action:\nA) Adopt Resolution No. 2023 -01, “A Resolution of the Successor Agency to the\nRedevelopment Agency of the City of Huntington Beach Approving the Successor Agency\nAdministrative Budget for the Period July 1, 2023, through June 30, 2024;” and,\nB) Adopt Resolution No. 2023-02, “A Resolution of the Successor Agency to the\nRedevelopment Agency of the City of Huntington Beach Approving the Recognized\nObligation Payment Schedule for the Period July 1, 2023 - June 30, 2024 (‘ROPS\n23-24’).”\nPolice Department

17. 22-1114 Volunteer Release & Waiver of Liability Agreement\nRecommended Action:\nStaff recommends City Council approve use of the Volunteer Release & Waiver of Liability\nAgreement (Attachment) as drafted and approved by the City Attorney.\nADMINISTRATIVE ITEMS

18. 23-028 Comprehensive report on City resources used to address\nhomelessness and proposed 90-day plan to enforce City and State\nlaws relating to homelessness\nRecommended Action:\nA) Receive and file this report; and ,\nB) Approve the proposed 90-Day Plan and appropriate one-time funding of $500,000 in\nthe FY 2022/23 General Fund budget .

19. 23-042 Consider selection of Huntington Beach’s Orange County Power\nHuntington Beach’s Municipal Accounts Rate Selection.\nRecommended Action:\nThe following options are available to the City Council for the default energy product for\nnew OCPA Customers in Huntington Beach:\nA) Take no action. The current, default energy offering of 100% Renewable will remain for\nall new OCPA customers;\nB) Select the Smart Choice option (at least 69% renewable energy) as the default offering\nfor new OCPA customers; or\nC) Select the Basic Choice option (at least 38.5% renewable energy) as the default\noffering for new OCPA customer.\nThe following options are available to the City Council for City of Huntington Beach\nmunicipal accounts.\nA) Take no action, and retain the current energy offering of 100% Renewable for\nmunicipal accounts;\nB) Select Smart Choice (at least 69% renewable energy) for municipal accounts; or\nC) Select Basic Choice (at least 38.5% renewable energy) for municipal accounts.

2. 23-032 Police Department representatives to conduct active shooter\ntraining with Council Members and City staff (Council Chambers)

20. 23-012 Approve for Introduction Ordinance No. 4276 Amending Chapter 2.07\nof the HBMC Relating to Campaign Reform\nRecommended Action:\nApprove for Introduction Ordinance No. 4276,”An Ordinance of the City of Huntington\nBeach Amending Chapter 2.07 of the Huntington Beach Municipal Code Relating to\nCampaign Reform.”

21. 23-017 Approve for Introduction Ordinance No. 4277 Amending Chapter 1.18\nof the Huntington Beach Municipal Code Relating to Anonymous\nComplaints\nRecommended Action:\nApprove for Introduction Ordinance No. 4277, “An Ordinance of the City of Huntington\nBeach Amending Chapter 1.18 of the Huntington Beach Municipal Code Relating to\nAnonymous Complaints.”\nCOUNCILMEMBER ITEMS

22. 23-038 Submitted by Mayor Strickland - Develop a proposal for a Public\nMemorial honoring Don Andrews McAllister\nRecommended Action:\nDirect staff to work with the Community and Library Services Commission and leadership\nof the Greater Huntington Beach Interfaith Council to develop a proposal for a public\nmemorial honoring Don MacAllister on Tower Zero. Return to City Council within 90 days\nto present the proposal for consideration.

23. 23-049 Submitted by Mayor Pro Tem Van Der Mark - Request to End\nExpanded Outdoor Dining and Retail on Main Street and other\nnearby areas in Downtown\nRecommended Action:\nDirect the City Manager to work with staff to give the downtown businesses on Main St.,\nwho are occupying public areas with outdoor dining and retail, 30-days’ notice to remove\nall expanded outdoor dining and to return Main St. to its pre-COVID-19 state. This\nreversal of the outdoor dining and retail expansions by small business will remain until the\nCity Council makes a decision about a long-term revitalization plan. Additionally, direct\nthe City Manager to require tenants who have expanded on public rights-of-way nearby\nMain Street as well as on private property to scale back to approved patio areas until they\nare permanently permitted for expansion. Lastly, direct the City Manager to reinstitute\nparking meters to their pre-Covid state on Main Street as well. We anticipate that this\nrestoring of Main St., downtown to its pre-COVID-19 state will require support from\nCommunity Development, Community and Library Services, Police Department, and\nPublic Works.

24. 23-051 Submitted by Mayor Pro Tem Van Der Mark - Request to Implement\na Managed Hiring Process for Vacant City Staff Positions (with\nlimited exceptions)\nRecommended Action:\nDirect the City Manager to take necessary measures to develop and implement a\n“managed hiring” process for City staff position vacancies that results in only necessary\nhiring for public safety (including Police and Fire Departments), building inspection and\ncode enforcement, legal services (City Attorney's Office), infrastructure maintenance and\noperation, essential support services, meeting Charter and Municipal Code requirements,\nfilling interim/permanent Department Head vacancies, etc.\nThis “managed hiring” process is meant to be temporary and is designed to allow the City\nManager to prepare and present a report for City Council at its regular meeting on\nFebruary 21, 2023, about the state of the City’s budget and financial health, as well as\nstaffing levels, vacancies, the costs of filling vacancies, and any other aspect of citywide\nreorganization or planned increase in fiscal responsibility and economic efficiency.

25. 23-029 Submitted by Councilmember McKeon - Request to Repeal\nOrdinance No. 3907 Related to the City Treasurer’s Role\nRecommended Action:\nDirect the City Attorney and the City Manager, in collaboration with the City Treasurer, to\nreturn to City Council at a regular meeting in February 2023 with the necessary actions to\nreverse Ordinance 3907 and restore the elected City Treasurer’s duties, in full, to those\nprovided in Section 311 of the City Charter.

26. 23-043 Submitted by Councilmember McKeon - Request to Update and\nDevelop Objective Standards for Development within the City\nRecommended Action:\nDirect the City Manager to retain the required consultant(s) to work with Community\nDevelopment Department, Fire Department, Public Works Department and the City\nAttorney's Office to update the Municipal Code including the Zoning, building and fire\ncodes to reflect improved objective standards for development, including removing any\nreferences to "alternative means and methods" from the fire code with respect to\nmultifamily development and, to return to City Council by end of March with proposals for\nimproved objective development standards.

27. 23-044 Submitted by Councilmember Burns - City Owned Oil Well Operation\nand Production\nRecommended Action:\nDirect the City Manager to return to the City Council within 60 days with a report on the\nnumber of City owned wells, locations, historical production and capacity, and revenue\nfrom the sale of oil. The wells are aging, require ongoing maintenance when operational,\nand there will be costs to become operational. A full conditions assessment, cost benefit\nanalysis, and plan to resume operations should be included in the report.

28. 23-045 Submitted by Councilmember Burns - Appointments to Boards and\nCommissions\nRecommended Action:\nAny Councilmember with more than one appointee to a Board or Commission will need to\nselect a single appointee moving forward. Anyone Board Member or Commissioner who\nis not selected by the Council Member, will be excused. This is intended to provide a more\nefficient Board and Commission to operate as the Commissions are designed.\nDirect the City Manager to facilitate the adjusting of Boards and Commissions such that\nthose with direct Councilmember appointments be reduced or limited to a 7-member\nBoard or Commission - one appointee for each Councilmember and no more. If any\nResolutions or other Council action is required to make this modification, return to Council\nat the next regular meeting with whatever approvals are necessary from Council.

29. 23-046 Submitted by Councilmember Burns - Finance Commission\nRecommended Action:\nDirect the City Manager to immediately facilitate monthly Finance Commission meetings\nand direct the City Manager to accommodate and facilitate the Finance Commission to\nundertake reviews the Finance Commission, in its citizen-driven oversight, deems\nnecessary. The Finance Commission will review, analyze, and consider the accountability,\nhonesty, integrity, fiscal sustainability, community involvement, and openness of the City’s\nfinancial obligations. Direct the City Manager to update the Huntington Beach Municipal\nCode Section 2.109, Finance Commission, to reflect a monthly meeting schedule with the\nmodified duties and agenda items.

3. 23-022 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section\n54957.6.) Agency designated representatives: Al Zelinka, City\nManager, and Peter Brown, Chief Negotiator; also in attendance:\nJose Rodriguez, Human Resources Manager; Travis Hopkins,\nAssistant City Manager; Michael E. Gates, City Attorney; Mike\nVigliotta, Chief Assistant City Attorney; Eric Parra, Chief of Police;\nand Sunny Rief, Assistant Chief Financial Officer. Employee\nOrganization: Police Officers’ Association (POA).

4. 23-023 CONFERENCE WITH LEGAL COUNSEL-LITIGATION (Gov. Code\nsection 54956.9(d)(4).): Number of matters: One (1) - Challenge to\nState’s RHNA.

5. 23-030 CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION\n(Gov. Code section 54956.9(d)(2).): Number of matters: One (1).

6. 23-035 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION.\n(Paragraph (1) of subdivision (d) of Section 54956.9). Name of case:\nNicholas Vella v. City of Huntington Beach, Workers’ Comp. Case\nNo. COHB-22-0063.

7. 23-031 Housing Element\n6:00 PM – COUNCIL CHAMBERS

8. 22-1116 Pat Goodman of Self-Help Interfaith Program (SHIP) and member of\nthe Greater Huntington Beach Interfaith Council\nCLOSED SESSION REPORT BY CITY ATTORNEY\nANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda\nDistribution)

9. 22-695 Welcome to New OneHB Team Members