Huntington Beach — 2023-06-20

1. 23-528 CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION\n(Gov. Code section 54956.9(d)(2).): Number of matters: One (1).

10. 23-455 Accept the lowest responsive and responsible bid, approve\nappropriations, and authorize execution of a construction contract\nwith All American Asphalt in the amount of $1,559,316 for the\nSaybrook Lane Rehabilitation Project, CC-1690.\nRecommended Action:\nA) Accept the lowest responsive and responsible bid submitted by All American Asphalt\nin the amount of $1,559,316.00 , and;\nB) Authorize the Mayor and City Clerk to execute a construction contract in a form\napproved by the City Attorney.

11. 23-467 Approve and authorize execution of a Cooperative Agreement with\nthe Orange County Flood Control District for the East Garden\nGrove-Wintersburg Channel Flood Wall Improvements at Warner\nAvenue, Springdale Street, and Edwards Street Bridges\nRecommended Action:\nApprove and authorize the Mayor and City Clerk to execute “Cooperative Agreement\nBetween Orange County Flood Control District and City of Huntington Beach for Funding,\nConstruction, and Maintenance of the East Garden Grove-Wintersburg Channel (C05)\nBridges at Warner Avenue, Springdale Street, and Edwards Street Improvements\nProject.”

12. 23-478 Accept bid and authorize execution of a construction contract with\nElecnor Belco Electric, Inc., in the amount of $308,008, for the\nconstruction of a traffic control signal at the Heil Avenue Fire Station\n(5891 Heil Avenue)(CC-1673)\nRecommended Action:\nA) Accept the lowest responsive and responsible bid submitted by Elecnor Belco Electric,\nInc., in the amount of $308,008;\nB) Appropriate $68,827 of undesignated Traffic Impact Fee balance to Traffic Impact Fee\naccount 20690020.82700; and,\nC) Authorize the Mayor and City Clerk to execute a construction contract in a form\napproved by the City Attorney.

13. 23-482 Adopt Resolution No. 2023-22 concerning the status and update of\nthe Local Signal Synchronization Plan (LSSP) for the Measure M2\nProgram; adopt Resolution No. 2023-29 concerning the status and\nupdate of the Circulation Element and Mitigation Fee Program for the\nMeasure M2 Program; and adopt a 7-Year Capital Improvement\nProgram for the Fiscal Years 2023/24 through 2029/30 for compliance\nwith the renewed Measure M eligibility requirements\nRecommended Action:\nA) Adopt Resolution No. 2023-22, “A Resolution of the City Council of the City of\nHuntington Beach Concerning the Update of the Local Signal Synchronization Plan for the\nMeasure M (M2) Program”;\nB) Adopt Resolution No. 2023-29, “A Resolution of the City Council of the City of\nHuntington Beach Concerning the Status and Update of the Circulation Element , and\nMitigation Fee Program for the Measure M (M2) Program”; and\nC) Adopt the 7-year Capital Improvement Program (Fiscal Years 2023/24 through\n2029/30) included as Attachment #4 for compliance with the renewed Measure M\neligibility requirements.

14. 23-521 Continued from June 6, 2023 with Public Hearing open - Request to\nConsider 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 Classifications\nof Graphic Designer, Multimedia Officer, and Municipal Records\nManager; Resolution No. 2023-28 to Adopt a Revised General Fund\nReserve Policy; Resolution No. 2023-26 Acknowledging Receipt of a\nReport Made by the Fire Chief of the Huntington Beach Fire\nDepartment Regarding the Inspection of Certain Occupancies\nRequired to Perform Annual Inspections in such Occupancies\nPursuant to Sections 13146.2 and 13146.3 of the California Health\nand Safety Code; Approve and Authorize the execution of\nAmendment No. 2 to the Agreement between the City of Huntington\nBeach and Mind OC for Pilot Mobile Crisis Response Program; and\nApprove and Authorize the Execution of Professional Services\nContract between the City of Huntington Beach and National Council\nfor Community Development (NDC) for Technical Assistance\nServices\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

15. 23-522 Future Development of 17361 Cameron Lane and 17642 Beach Blvd.\nRecommended Action:\nA) Receive and file this report; and\nB) Provide direction to staff regarding future use of the Site.

16. 23-525 Introduction of the Proposed Memorandum of Understanding\nBetween the Huntington Beach Police Management Association\n(PMA) and the City of Huntington Beach for July 1, 2023 through\nJune 30, 2026.\nRecommended Action:\nApprove introduction of the proposed Memorandum of Understanding Between the\nHuntington Beach Police Management Association and the City of Huntington Beach for\nthe period July 1, 2023 through June 30, 2026.

17. 23-524 Adopt Resolution No. 2023-31 Approving and Implementing the\nMemorandum of Understanding (MOU) between the Huntington\nBeach Police Officers’ Association (POA) and the City of Huntington\nBeach for July 1, 2023, through June 30, 2026; and authorize\nappropriation of funds.\nRecommended Action:\nA) Adopt Resolution No. 2023-31, “A Resolution of the City Council of the City of\nHuntington Beach Approving and Implementing the Memorandum of Understanding\nBetween the Huntington Beach Police Officers’ Association (POA) and the City for July 1,\n20231, through June 30, 2026;” and,\nB) Authorize City Manager or designee to take all administrative and budgetary actions\nnecessary for implementation of Resolution No. 2023-31 .\nCOUNCILMEMBER ITEMS

18. 23-532 Submitted by Mayor Pro Tem Van Der Mark - Selection, Display and\nCirculation of Library Books and Other Materials within Huntington\nBeach Public Libraries (HBPL)\nRecommended Action:\nA) Direct the City Manager to work with the City Attorney to return to the City Council in\nAugust of this year with a proposed Ordinance for the City’s Libraries and other public\nfacilities making obscene and/or pornographic materials, both in hard copy and\ndigitally/electronically, unavailable to minors; with the City Attorney evaluating the materials\nunder the First Amendment. The Ordinance should also present the policy for procurement,\nwhich would include new screening protocols for books/materials/content yet to be\nacquired by the Library or other City facilities that are intended for children at our public\nfacilities, by screened for obscenity and/or pornography. The Ordinance should also\npresent findings and authorities for “obscenity” within the meaning of the First Amendment.\nB) I would also like to direct our City Manager to look into the process to part ways with\nthe American Library Association.

19. 23-534 Submitted by Council Members Kalmick, Bolton, and Moser -\nDenouncing Hate in Huntington Beach\nRecommended Action:\nMotion for a Minute Action (which shall be deemed a Council Resolution) that “The City\nCouncil of the City of Huntington Beach denounces antisemitism, white supremacy, and\nanti-LGBTQ hate.”

2. 23-520 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).

3. 23-519 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Pursuant to\nGovernment Code §54957 for performance evaluation of the City\nManager.\n6:00 PM – COUNCIL CHAMBERS

4. 23-508 Huntington Beach Police Chaplain James Pike\nCLOSED SESSION REPORT BY CITY ATTORNEY\nANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda\nDistribution)

5. 23-531 City Attorney’s Update on the Community Prosecutor Program\nCONSENT CALENDAR\nCity Clerk

7. 23-495 Approve the re-appointments of KC Fockler, Kathleen McGowan,\nBud Benneman, Joan Siegal, and Eric Bornstein to the\nEnvironmental & Sustainability Board as recommended by City\nCouncil Liaisons Rhonda Bolton and Natalie Moser\nRecommended Action:\nApprove the re-appointment of the following current ESB members: KC Fockler and\nKathleen McGowan for a 2-year term of July 1, 2023 through June 30, 2025; Bud\nBenneman, Joan Siegal, and Eric Bornstein for a 4-year term of July 1, 2023 through June\n30, 2027.

8. 23-503\nRecommended Action:\nA) Approve and authorize the Mayor and City Clerk to execute, “Professional Services\nContract Between the City of Huntington Beach and Dorado Creative, Inc. for On-Call City\nof Huntington Beach Video Production Services"; and/ or\nB) Approve and authorize the Mayor and City Clerk to execute, “Professional Services\nContract Between the City of Huntington Beach and Tripepi Smith and Associates for\nOn-Call City of Huntington Beach Video Production Services"; and/ or\nC) Approve and authorize the Mayor and City Clerk to execute, “Professional Services\nContract Between the City of Huntington Beach and Marketworks for On-Call City of\nHuntington Beach Video Production Services"; and/ or\nCommunity and Library Services

9. 23-459 Approve reappointments to the Historic Resources Board (HRB),\nwith terms to expire June 30, 2027, as recommended by City Council\nLiaisons, Gracey Van Der Mark and Pat Burns\nRecommended Action:\nApprove the reappointments of Susan Nguyen, David Wentworth, Sr., and Joseph\nSantiago for an additional term to the Historic Resources Board, effective July 1, 2023\nthrough June 30, 2027.\nPublic Works