Huntington Beach — 2023-06-06

1. 23-468 Parking Study\nRECESS TO CLOSED SESSION\nCLOSED SESSION

10. 23-477 Mayor Strickland to recognize May 23rd as “Sammy Hagar Day,”\nacknowledging the rock star and his investment in Huntington Beach\nvia the new Cabo Wabo Beach Club at the Waterfront Beach Resort

11. 23-466 May 2023 Vector Control Board AB 1234 Report

12. 23-493 Quality of Life Community Survey Results Presentation\nCITY ATTORNEY'S REPORT

13. 23-484 Update on the City of Huntington Beach v. State, Department of\nFinance lawsuit

14. 23-485 Update on the Pacific Airshow v. City of Huntington Beach lawsuit\nand settlement\nCITY CLERK'S REPORT

15. 23-458 May Update of Activities for Citizen Boards, Commissions,\nCommittees (BCCs) and Regional Agencies\nRecommended Action:\nNone. Monthly updates are for informational purposes only.\nCONSENT CALENDAR\nOFFICE OF THE CITY CLERK

17. 23-462 Annual Military Equipment Use Report (AB 481)\nRecommended Action:\nA) Find that each type of military equipment identified in that report attached hereto as\nAttachment 1 complies with the following standards for approval: 1. The military\nequipment is necessary because there is no reasonable alternative that can achieve the\nsame objective of officer and civilian safety. 2. The proposed military equipment use\npolicy will safeguard the public’s welfare, safety, civil rights, and civil liberties. 3. Any future\npurchased equipment is reasonably cost effective compared to available alternatives that\ncan achieve the same objective of officer and civilian safety. 4. Prior military equipment\nuse complied with the military equipment use policy that was in effect at the time, or if prior\nuses did not comply with the accompanying military equipment use policy, corrective\naction has been taken to remedy nonconforming uses and ensure future compliance; and,\nB) Renew Ordinance No. 4255 authorizing the continued use of the listed military\nequipment by the Police Department (Annual Military Equipment Use Report (AB 481),\nExhibit 3).\nPUBLIC WORKS DEPARTMENT

18. 23-434 Approve and authorize execution of a Professional Services\nContract in the amount of $1,350,000 over 3 years with Enterprise\nAutomation to provide On Call Engineering Services for Water and\nWastewater SCADA Systems\nRecommended Action:\nApprove and authorize the Mayor and City Clerk to execute the “Professional Services\nContract Between the City of Huntington Beach and Enterprise Automation for On-Call\nEngineering Services for Water and Wastewater SCADA Services.

19. 23-437 Accept bid and authorize execution of a construction contract with\nCrosstown Electrical & Data, Inc. in the amount of $445,480.00 for the\nconstruction of fiber optic communications along Garfield Avenue\n(CC-1682), and authorize change orders (as needed) not to exceed\n15 percent\nRecommended Action:\nA) Accept the lowest responsive and responsible bid submitted by Crosstown Electrical\n& Data, Inc., in the amount of $445,480.00; and,\nB) Authorize the Mayor and City Clerk to execute a construction contract in a form\napproved by the City Attorney; and,\nC) Authorize the Director of Public Works to execute change orders not to exceed a total\nof 15 percent of the construction costs, or $66,822.

2. 23-472 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Pursuant to\nGovernment Code §54957 for performance evaluation of the City\nManager.

20. 23-447 Accept bid and authorize execution of a construction contract with\nInternational Line Builders, Inc. in the amount of $250,656.00 for the\nconstruction of Fiber Optic Communications to the Oak View\nCommunity Center and water well, CC-1636 and authorize change\norders not to exceed 15 percent\nRecommended Action:\nA) Accept the lowest responsive and responsible bid submitted by International Line\nBuilders, Inc. in the amount of $250,656.00; and,\nB) Authorize the Mayor and City Clerk to execute a construction contract in a form\napproved by the City Attorney; and\nC) Authorize the Director of Public Works to execute change orders not to exceed a total\nof 15 percent of the construction contract, or $37,598.

21. 23-460 Accept bid and authorize execution of a construction contract with\nCrosstown Electrical & Data, Inc., in the amount of $625,650 for the\nconstruction of fiber optic communications along Gothard Street\n(CC-1692), issuance of change orders not to exceed 15 percent (as\nneeded), and the appropriation of $149,805 from the undesignated\nTraffic Impact Fee fund balance\nRecommended Action:\nA) Accept the lowest responsive and responsible bid submitted by Crosstown Electrical &\nData, Inc., in the amount of $625,650.00; and,\nB) Appropriate $149,805 of undesignated Traffic Impact Fee balance to Traffic Impact\nFee account 20685201.82700; and,\nC) Authorize the Mayor and City Clerk to execute a construction contract in a form\napproved by the City Attorney; and,\nD) Authorize the Director of Public Works to execute change orders (as needed) not to\nexceed a total of 15 percent of the construction contract, or $93,848 .

22. 23-461 Approve the Infrastructure Fund Annual Report for FY 2021/22\nRecommended Action:\nApprove the Infrastructure Fund Annual Report for FY 2021/22.

23. 23-463 Accept bid and authorize execution of a construction contract with\nElecnor Belco Electric, Inc. in the amount of $145,763 for the\nconstruction of Fiber Optic Communications to the Central Library,\nCC-1722, and authorize change orders not to exceed 15 percent\nRecommended Action:\nA) Accept the lowest responsive and responsible bid submitted by Elecnor Belco Electric,\nInc. in the amount of $145,763; and,\nB) Appropriate $90,815 of undesignated Public Education and Government Access\n(PEG) funds to PEG fund business unit 24385101.82800; and,\nC) Authorize the Mayor and City Clerk to execute a construction contract in a form\napproved by the City Attorney; and,\nD) Authorize the Director of Public Works to execute change orders not to exceed a total\nof 15 percent of the construction contract, or $21,864.

24. 23-481 Consider Adopting Resolution No. 2023-24 to Adopt a Budget for the\nCity for Fiscal Year 2023/2024 and Authorize the Corresponding\nAppropriation and Transfer of $4.9 Million of AES Reserves and $3.9\nMillion of Equipment Replacement Reserves and Return to a 12-year\nPaving Cycle; Resolution No. 2023-25 Establishing the Gann\nAppropriation Limit for Fiscal Year 2023/2024; Resolution No. 2023-23\nLevying a Retirement Property Tax for Fiscal Year 2023/2024 to Pay\nfor Pre-1978 Employee Retirement Benefits; Resolution No. 2023-27\nAmending the City’s Classification Plan by Adding the\nClassifications of Graphic Designer, Multimedia Officer, and\nMunicipal Records Manager; Resolution No. 2023-28 to Adopt a\nRevised General Fund Reserve Policy; Resolution No. 2023-26\nAcknowledging Receipt of a Report Made by the Fire Chief of the\nHuntington Beach Fire Department Regarding the Inspection of\nCertain Occupancies Required to Perform Annual Inspections in\nsuch Occupancies Pursuant to Sections 13146.2 and 13146.3 of the\nCalifornia Health and Safety Code; Approve and Authorize the\nexecution of Amendment No. 2 to the Agreement between the City\nof Huntington Beach and Mind OC for Pilot Mobile Crisis Response\nProgram; and Approve and Authorize the Execution of Professional\nServices Contract between the City of Huntington Beach and\nNational Council for Community Development (NDC) for Technical\nAssistance Services\nRecommended Action:\nA) Adopt Resolution No. 2023-24, “A Resolution of the City Council of the City of\nHuntington Beach Adopting a Budget for the City for Fiscal Year 2023/2024” (Attachment\n2); and,\nB) Authorize the Professional Services included in the FY 2023/24 budget to be\nrepresentative of the services projected to be utilized by departments in FY 2023/24\n(Attachment 3); and,\nC) Authorize the appropriation and transfer of the full balance ($4.9 million) of the AES\nReserve from the General Fund to the AES Mitigation Fund 1284; and,\nD) Authorize the appropriation and transfer of $3,903,803 from the General Fund\nEquipment Replacement Reserve to the Equipment Replacement Fund 324; and,\nE) Approve the return to a 12 year paving cycle; and,\nF) Adopt Resolution No. 2023-25, “A Resolution of the City Council of the City of\nHuntington Beach Establishing the Gann Appropriation Limit for Fiscal Year 2023/2024” of\n$1,171,687,773” (Attachment 4); and,\nG) Adopt Resolution No. 2023-23, “A Resolution of the City Council of the City of\nHuntington Beach Levying a Retirement Property Tax for Fiscal Year 2023/2024 to Pay for\nPre-1978 Employee Retirement Benefits” (Attachment 5); and,\nH) Adopt Resolution No. 2023-27, “A Resolution of the City Council of the City of\nHuntington Beach Amending the City’s Classification Plan by Adding the Classifications of\nGraphic Designer, Multimedia Officer, and Municipal Records Manager” (Attachment 6);\nand,\nI) Adopt Resolution No. 2023-28, “A Resolution of the City Council of the City of\nHuntington Beach Adopting a Revised General Fund Reserve Policy” (Attachment 7) and\nauthorize the City Manager or designee to execute all administrative and budgetary\nactions necessary to consolidate certain General Fund Assigned Fund Balances to the\nEconomic Uncertainties Reserve in order to meet the City’s two-month Emergency\nReserve requirement; and,\nJ) Adopt Resolution No. 2023-26, “A Resolution of the City Council of the City of\nHuntington Beach, California Acknowledging Receipt of a Report Made by the Fire Chief\nof the Huntington Beach Fire Department Regarding the Inspection of Certain\nOccupancies Required to Perform Annual Inspections in such Occupancies Pursuant to\nSections 13146.2 and 13146.3 of the California Health and Safety Code” (Attachment 8);\nand,\nK) Approve and authorize the Mayor and City Clerk to execute “Amendment No. 2 to\nAgreement between the City of Huntington Beach and Mind OC for Pilot Mobile Crisis\nResponse Program” (Attachment 9); and,\nL) Approve and authorize the Mayor and City Clerk to execute “Professional Services\nContract between the City of Huntington Beach and National Council for Community\nDevelopment (NDC) for Technical Assistance Services” (Attachment 10) .\nADMINISTRATIVE ITEMS

25. 23-488 Introduction of the Proposed Memorandum of Understanding\nBetween the Huntington Beach Police Officers’ Association and the\nCity of Huntington Beach for July 1, 2023 through June 30, 2025\nRecommended Action:\nApprove introduction of the proposed Memorandum of Understanding Between the\nHuntington Beach Police Officers’ Association and the City of Huntington Beach for the\nperiod July 1, 2023 through June 30, 2025.\nCOUNCILMEMBER ITEMS

26. 23-480 Submitted by Council Member Burns - Request to Form a Charter\nReview Ad Hoc Council Committee to Recommend Proposed\nCharter Amendments\nRecommended Action:\nA) Designate Mayor Tony Strickland to lead an ad hoc committee of himself and two other\nCity Council Members of his choice to work with the City Attorney’s Office, if necessary,\nand to return to City Council at a regular City Council meeting in July of this year with\nrecommendations for proposed Charter Amendments; and,\nB) It is also requested that the City Clerk, who is our local elections official, provide a\ntimeline of events or deadlines the City is required to meet in order to get any proposed\nCity Charter Amendments on the ballot for the March 5, 2024 election.

27. 23-497 Submitted by Council Member McKeon - Decertification of Beach\nEdinger Corridor Specific Plan Environmental Impact Report\nRecommended Action:\nDirect the City Attorney and City Manager to return to the City Council with a plan for\ndecertification of the BECSP EIR and vacate all associated findings .

3. 23-494 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; Theresa St Peter,\nInterim Director of Human Resources; Travis Hopkins, Assistant City\nManager; Michael E. Gates, City Attorney; Eric Parra, Chief of Police;\nand Sunny Han, Acting Chief Financial Officer. Employee\nOrganization: Police Management Association (PMA).

4. 23-473 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION.\n(Paragraph (1) of subdivision (d) of Section 54956.9). Name of case:\nTater/Staniskis v. City of Huntington Beach, et al.; USDC Case No.\n8:20-cv-01772-MEMF (JDEx).

5. 23-474 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION.\n(Paragraph (1) of subdivision (d) of Section 54956.9). Name of case:\nTabares (Tiffany) v. City of Huntington Beach/Eric Esparza; OCSC\nCase No.: 30-2021-01200297.

6. 23-475 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION.\n(Paragraph (1) of subdivision (d) of Section 54956.9). Name of case:\nBriscoe (John) v. Robin Estanislau, et al.; OCSC Case No.\n30-2022-01273424.

7. 23-476 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION.\n(Paragraph (1) of subdivision (d) of Section 54956.9). Name of case:\nKennedy Commission, et al. v. City of Huntington Beach, et al.;\nOCSC Case No. 30-2015-00801675.

8. 23-486 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION.\n(Paragraph (1) of subdivision (d) of Section 54956.9). Name of case:\nPeople of the State of California/Bonta v. City of Huntington\nBeach/Zelinka; Case No. 30-2023-01312235.\n6:00 PM – COUNCIL CHAMBERS

9. 23-464 Huntington Beach Police & Fire Chaplain Roger Wing\nCLOSED SESSION REPORT BY CITY ATTORNEY\nANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After\nAgenda Distribution)\nMAYOR'S ANNOUNCEMENT