Huntington Beach — 2023-09-05

1. 23-709 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section\n54957.6.) Agency designated representatives: Al Zelinka, City\nManager and Melanie Chaney, 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; Scott Haberle, Fire Chief\nand Sunny Han, Chief Financial Officer. Employee Organization: Fire\nManagement Association (FMA).

10. 23-718 Quarterly Homeless Report

11. 23-723 August update from Orange County Mosquito and Vector Control\n(OCMVC)\nCITY ATTORNEY'S REPORT

12. 23-739 In response to Dec 20, 2022 City Council direction, report on history\nof authorized actions in the Moore v. City, Gates lawsuit and report\non review of RWG involvement\nCONSENT CALENDAR\nCITY CLERK

14. 23-719 August Update of Activities for Citizen Boards, Commissions,\nCommittees (BCCs) and Regional Agencies\nRecommended Action:\nReceive and File.\nCITY MANAGER

15. 23-673 Consider Intergovernmental Relations Committee (IRC)\nrecommendation to approve and authorize execution of Professional\nServices Contracts with Kahn, Soares, & Conway LLP for State\nLegislative Advocacy Services and with Stapleton & Associates for\nFederal Legislative Advocacy Services\nRecommended Action:\nA) As recommended by the Intergovernmental Relations Committee, approve and\nauthorize the Mayor and City Clerk to execute a Professional Services Contract between\nthe City of Huntington Beach and Kahn, Soares, & Conway LLP for State Legislative\nAdvocacy Services; and\nB) As recommended by the Intergovernmental Relations Committee, approve and\nauthorize the Mayor and City Clerk to execute a Professional Services Contract between\nthe City of Huntington Beach and Stapleton & Associates for Federal Legislative\nAdvocacy Services.

16. 23-741 Redirect staff to return to City Council on October 17, 2023 with\nactionable policy options regarding City library materials and\nsafeguards\nRecommended Action:\nAmend the June 20, 2023 Council direction by directing staff to return with actionable\npolicy options related to safeguards over City library materials on October 17, 2023.

17. 23-742 Authorize the City Manager to approve a contract with Paradigm\nManagement Services, LLC (“Paradigm”) to undertake medical\nmanagement responsibilities related to a workers’ compensation\nclaim\nRecommended Action:\nAuthorize the City Manager to approve a contract, approved to form by the City Attorney,\nwith Paradigm Management Services, LLC to undertake medical management\nresponsibilities related to a workers’ compensation claim, in an amount not-to-exceed\n$2.8M.\nCOMMUNITY DEVELOPMENT

18. 23-674 Approve the Huntington Beach Downtown Business Improvement\nDistrict’s Annual Report and Proposed Budget for Fiscal Year (FY)\n2023-2024, and Adopt Resolution No. 2023-37 declaring the City’s\nIntention to Levy an Annual Assessment for FY 2023-2024 at a public\nhearing scheduled for October 3, 2023\nRecommended Action:\nA) Approve the Huntington Beach Downtown Business Improvement District Annual\nReport and Proposed Budget for FY 2023-2024; and,\nB) Adopt Resolution No. 2023-37, “A Resolution of the City Council of the City of\nHuntington Beach Declaring the City’s Intention to Levy an Annual Assessment for FY\n2023-2024 within the Huntington Beach Downtown Business Improvement District”, which\nsets a public hearing for October 3, 2023 to consider continuation of the Huntington Beach\nDowntown Business Improvement District; and,\nC) Authorize the revenue appropriation of $3,200 in account 71000710.40500 and an\nexpenditure appropriation of $3,200 in account 71080101.69505, for a net zero impact to\nthe fund.

19. 23-712 Approve Responses to the 2022-2023 Orange County Grand Jury\nReports Related to Animal Welfare, School Safety, and Group Homes\nRecommended Action:\nA) Approve the City’s responses to findings and recommendations posed by the Orange\nCounty Grand Jury related to animal welfare, school shootings, and group homes; and\nB) Approve not responding to the Orange County Grand Jury report on the California\ndrought; and\nC) Authorize the City Manager to submit the City’s responses to the Presiding Judge of\nthe Superior Court.\nCOMMUNITY AND LIBRARY SERVICES

2. 23-710 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section\n54957.6.) Agency designated representatives: Al Zelinka, City\nManager and Melanie Chaney, 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; Scott Haberle, Fire Chief\nand Sunny Han, Chief Financial Officer. Employee Organization: The\nHuntington Beach Firefighters’ Association (HBFA).

20. 23-665 Approve and execute a five-year Memorandum of Understanding\nbetween the City of Huntington Beach and Friends of the Shipley\nNature Center\nRecommended Action:\nAuthorize the Mayor and City Clerk to execute and approve a Memorandum of\nUnderstanding between the City of Huntington Beach and Friends of Shipley Nature\nCenter.\nFINANCE

21. 23-727 Adopt Successor Agency Resolution No. 2023-03 approving an\nAmended Recognized Obligation Payment Schedule 23-24B for the\nFY 2023-24 Fiscal Period of January 1, 2024 to June 30, 2024, Subject\nto Submittal to, and Review by the Oversight Board and the State\nDepartment of Finance under California Health and Safety Code,\nDivision 24, Part 1.85; and, Authorizing the Posting and Transmittal\nof the ROPS\nRecommended Action:\nAdopt Successor Agency Resolution No. 2023-03, “A Resolution of The Successor\nAgency to the Redevelopment Agency of the City of Huntington Beach Approving an\nAmended Recognized Obligation Payment Schedule 23-24B for the FY 2023-24 Fiscal\nPeriod of January 1, 2024 to June 30, 2024, Subject to Submittal to, and Review by the\nOversight Board and the State Department of Finance under California Health and Safety\nCode, Division 24, Part 1.85; and, Authorizing the Posting and Transmittal of the ROPS.”

22. 23-726 Authorize the Appropriation and Transfer of $3,650,000 of Litigation\nReserves and $181,000 of FY 2023/24 General Fund Available\nSurplus to the General Liability Fund to fund the payment of\nattorney’s fees for Kennedy Commission v. City of Huntington\nBeach and City of Huntington Beach v. the State of California\nRecommended Action:\nApprove the appropriation and transfer of $3,831,000 from the General Fund to the\nGeneral Liability Fund business unit no. 55240101 to fund the payment of attorney’s fees\nfor Kennedy Commission v. City of Huntington Beach and City of Huntington Beach v. the\nState of California.\nPUBLIC WORKS

23. 23-687 Accept the lowest responsive and responsible bid, and authorize\nexecution of a construction contract with Elegant Construction Inc.\nin the amount of $1,680,000.00 for the Police Department\nCommunications Center Renovation Project, CC-1677\nRecommended Action:\nA) Accept the lowest responsive and responsible bid submitted by Elegant Construction\nInc. in the amount of $1,680,000; and\nB) Authorize the Director of Public Works to execute change orders not to exceed 20%\nof the contract costs, or $336,000.

24. 23-699 Approve Amendment No. 1 to an Agreement with KOA Corporation\nfor On-call Grant Writing and Administrative Consulting Services and\nApprove an Appropriation of $50,000\nRecommended Action:\nA) Approve Amendment No. 1 to the agreement with KOA Corporation for on-call grant\nwriting and administrative consulting services, extending the term by one year and\nincreasing the not-to-exceed agreement amount by $50,000; and\nB) Appropriate $50,000 from the undesignated Traffic Congestion Relief Prop 42 fund\nbalance to Account 21985201.69365

25. 23-701 Approve the Execution of a Subdivision Agreement with NASH -\nHolland 18750 Delaware Investors, LLC and Accept Securities for the\n18750 Delaware Residential Project\nRecommended Action:\nA) Approve and authorize the Mayor and City Clerk to execute and record a Subdivision\nAgreement between the City and NASH - Holland 18750 Delaware Investors, LLC to\nconstruct public improvements for the 18750 Delaware residential project (Attachment 1);\nauthorize the City Clerk to record the agreement; and\nB) Accept the Faithful Performance Bond No. DVHNSU0832094 (Attachment 2), Labor\nand Material Bond No. DVHNSU0832094 (Attachment 3) and Monument Bond No.\nDVHNSU0832094 (Attachment 4), the securities furnished for installation of the required\npublic improvements; and,\nC) Instruct the City Clerk to file the bonds with the City Treasurer.

26. 23-707 Reject bid for the Admiralty Drive Bridge Rehabilitation Project,\nCC-1450 and re-advertise the project\nRecommended Action:\nReject the bid received from Beador for the Admiralty Drive Bridge Rehabilitation Project,\nCC-1450 and re-advertise the Project .

27. 23-704 Cancel contract award for the Humboldt Sewer Lift Station\nReplacement Project, CC-1634; reject all remaining bids and re-bid\nthe project in accordance with City Charter requirements\nRecommended Action:\nCancel the award of construction contract to Mehta for the Humboldt Sewer Lift Station\nReplacement Project, CC-1634; reject all remaining bids and rebid the project in\naccordance with City Charter requirements and State Law.

28. 23-733 Cancel contract award for the Fiscal Year 2022/23 Sewer Lining\nProject, CC-1728; reject all remaining bids and re-bid the project in\naccordance with City Charter requirements\nRecommended Action:\nCancel the award of construction contract to Sancon Technologies, Inc. for the Fiscal Year\n2022/23 Sewer Lining Project, CC-1728; reject all remaining bids and rebid the project in\naccordance with City Charter requirements and State Law .\nORDINANCES FOR INTRODUCTION

29. 23-708 Approve for introduction Ordinance No. 4293 Amending the\nHuntington Beach Municipal Code (HBMC) by adding new Chapter\n10.82 regarding pedestrian use of center medians\nRecommended Action:\nApprove for introduction Ordinance No. 4293, ”An Ordinance of the City Council of the City\nof Huntington Beach Amending the Huntington Beach Municipal Code by Adding New\nChapter 10.82 Entitled ‘Center Medians .’”\nADMINISTRATIVE ITEMS

3. 23-724 CONFERENCE WITH LEGAL COUNSEL-LITIGATION (Gov. Code\nsection 54956.9(d)(4).): Number of matters: One (1) - Confer with\nCity Attorney regarding a request to provide Amicus support with\nregard to Gloria Johnson, et al. v. City of Grants Pass; United States\nCourt of Appeals for the Ninth Circuit Case Nos. 20-35752;20-35881;\nUnited States District Court for the District of Oregon Case No.\n1:18-cv-01823-CL.

30. 23-700 Consider the submission of 3 Charter amendment ballot measures\nfor voter approval at the March 5, 2024 Statewide Primary Election,\nand the adoption of Resolution Nos. 2023-42, 2023-43, 2023-44 and\n2023-45\nRecommended Action:\nA) Consider the three proposed Charter amendment ballot measures, ballot language,\nand exhibits for placement on the March 5, 2024 Statewide Primary Election ballot for\nvoter approval; and\nB) Adopt Resolution 2023-42, “A Resolution of the City Council of the City of Huntington\nBeach, California, Call for the Holding of a Special Municipal Election to be held on\nTuesday, March 5, 2024, for the Submission to Voters Questions Relating to City Charter\nAmendments,” and\nC) Adopt Resolution 2023-43, “A Resolution of the City Council of the City of Huntington\nBeach, California, Requesting the Board of Supervisors of the County of Orange to\nConsolidate a Special Municipal Election to be held on March 5, 2024, with the Statewide\nPrimary Election to be held on the Date Pursuant to § 10403 of the Elections Code,” and\nD) Adopt Resolution 2023-44, “A Resolution of the City Council of the City of Huntington\nBeach, California, Setting Priorities for Filing Written Arguments Regarding City Measures\nand Directing the City Attorney to Prepare Impartial Analysis,” and\nE) Adopt Resolution 2023-45, “A Resolution of the City Council of the City of Huntington\nBeach, California Providing for the Filing of Rebuttal Arguments for City Measures\nSubmitted at Municipal Elections,” and\nF) Appropriate $1,200,000 in General Funds to business unit 10010201.

31. 23-693 Adopt Resolution No. 2023-40 and approve for introduction\nOrdinance Nos. 4296, 4295, 4298, 4299, 4297, 4300, and 4301 to\namend the Huntington Beach Municipal Code to streamline,\nconsolidate, and/or dissolve a select number of the City’s Boards,\nCommissions, and Committees and Council Committees\nRecommended Action:\nA) Approve the official dissolution of the City Council Short-Term Rentals Ad Hoc\nCommittee, Housing/RHNA Ad Hoc Committee, and Cannabis Regulation and Policy Ad\nHoc Committee by minute action; and/or\nB) Approve renaming of the Urban Design Study Ad Hoc Council Committee to the\nDowntown and Beach Front Ad Hoc Council Committee and broadening their scope of\nwork by minute action; and/or\nC) Adopt Resolution No. 2023-40, “A Resolution of the City Council of the City of\nHuntington Beach repealing Resolutions 2002-106 and 2021-66, and dissolving the\nHuman Relations Committee;” and/or\nD) Approve for Introduction Ordinance No. 4296, “An Ordinance of the City of Huntington\nBeach repealing Ordinance No. 4168 and delete Chapter 2.104 of the Huntington Beach\nMunicipal Code dissolving the Jet Noise Commission;” and/or\nE) Approve for Introduction Ordinance No. 4295, “An Ordinance of the City of Huntington\nBeach repealing Ordinance No. 3332 and delete Chapter 2.112 of the Huntington Beach\nMunicipal Code dissolving the Mobile Home Advisory Board;” and/or\nF) Approve for Introduction Ordinance No. 4298, “An Ordinance of the City of Huntington\nBeach deleting Chapter 2.102 of the Huntington Beach Municipal Code and dissolving the\nEnvironmental and Sustainability Board;” and/or\nG) Approve for Introduction Ordinance No. 4299, “An Ordinance of the City of Huntington\nBeach Amending the Huntington Beach Municipal Code by amending Chapter 2.111\nthereof related to Citizen Infrastructure Advisory Board/Public Works Commission”; and\napprove the official dissolution of the Smart Cities and Technology Council Committee by\nminute action; and/or\nH) Approve for Introduction Ordinance No. 4297, “An Ordinance of the City of Huntington\nBeach deleting Chapter 2.108 of the Huntington Beach Municipal Code and dissolving the\nHuntington Beach Youth Board;” and/or\nI) Approve for Introduction Ordinance No. 4300, “An Ordinance of the City of Huntington\nBeach amending the Huntington Beach Municipal Code by amending Chapter 2.106\nthereof related to Fourth of July Executive Board;” and/or\nJ) Approve for Introduction Ordinance No. 4301, “An Ordinance of the City of Huntington\nBeach amending the Huntington Beach Municipal Code by amending Chapter 13.54\nthereof related to Specific Events;” and/or\nK) Approve the official dissolution of the City Council Boards, Commissions, and\nCommittees Review Ad Hoc Committee upon approval of recommended actions above.

32. 23-734 Consider the Ad Hoc Committee’s proposed Policy on Human\nDignity\nRecommended Action:\nA) Consider the Ad Hoc Committee’s amended Policy on Human Dignity, and\nB) Formally dissolve the Ad Hoc Committee .\nCOUNCILMEMBER ITEMS

33. 23-732 Submitted by Council Members McKeon and Burns - Develop\nProposal for E-Bike Licensure and Use Regulations\nRecommended Action:\nWhile this is a concept in development, direct the City Manager to work with the Police\nDepartment and the City Attorney to develop a proposal for e-bike licensure and use\nregulations. The proposal should return to City Council in November. The following\nconcepts should be addressed, if possible, in the proposal that returns to Council:\n· Require a city license to operate an electric bicycle within city limits unless the rider\npossesses a valid driver’s license.\no Establish a fee for license (akin to a business license)\n· Mandate rental businesses to require customers renting e-bikes to view a safety video\nin order to have a one-day license or show proof of a valid driver’s license.\n· Explore enforcement options for PD\no Revising current HBMC to assist officers with enforcement efforts - see if our\nHBMC can "follow" or "borrow" rules and enforcement from the California\nVehicle Code.\no New HBMC for “pocket bikes” (Surrons)\no Higher fine structures, bike impounding etc.

34. 23-731 Submitted by Mayor Strickland and Council Members Burns and\nMcKeon - Move to Censure Council Member Moser\nRecommended Action:\nBy Minute Order, or majority vote of City Council tonight, censure Councilwoman Moser for\nthe aforementioned statements and hostile/personal escalation made at the Council\nMeeting on August 1, 2023; that those statements and hostile/personal escalation be\ndeemed "inappropriate," declare that they are not the views/statements of the City Council,\nand serve as a reminder that those types of statements and hostile/personal escalations\ndo not meet either professional decorum required at City Council nor the goals of the\nDeclaration of Policy of Human Dignity.

35. 23-738 Submitted by Mayor Pro Tem Van Der Mark - Resolution Declaring\nCity to be a “No Mask and No Vaccine Mandate” City\nRecommended Action:\nThe City ban broad (universal) mask and vaccine mandates; City Manager to return to\nCouncil with a Resolution at the next regular meeting declaring the City to be a "no mask\nand no vaccine mandate City" as a response to COVID-19 or any variants. Individuals,\nwhether at City Hall or in the private sector, should have a right to choose whether to wear\na mask or get vaccinated or boosted.

4. 23-683 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION.\n(Paragraph (1) of subdivision (d) of Section 54956.9). Name of case:\nGapezzani (Gary) v. John Romero, City of Huntington Beach; OCSC\nCase No.: 30-2021-01225030.

5. 23-684 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION.\n(Paragraph (1) of subdivision (d) of Section 54956.9). Segal-Kaloski\n(Pamela) v. City of Huntington Beach, et al.; OCSC Case No.:\n30-2021-01222791.

6. 23-698 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION.\n(Paragraph (1) of subdivision (d) of Section 54956.9). Whitaker\n(Brittany) v. City of Huntington Beach, et al.; OCSC Case No.:\n30-2021-01235807.

7. 23-702 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION.\n(Paragraph (1) of subdivision (d) of Section 54956.9). Pacific\nAirshow, LLC v. City of Huntington Beach and Kim Carr; OCSC Case\nNo. 30-2022-01287749.\n6:00 PM – COUNCIL CHAMBERS

8. 23-720 Huntington Beach Police Chaplain Bob Ewing\nCLOSED SESSION REPORT BY CITY ATTORNEY\nAWARDS AND PRESENTATIONS

9. 23-678 Mayor Strickland to call on the Friends of the Library for presentation\nof a check in the amount of $250,000 to Community & Library\nServices Director Ashley Wysocki\nANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda\nDistribution)