HomeMy WebLinkAbout2020-11-05 Agenda Packet FFB l,i9C5,PO - .
SPECIAL MEETING AGENDA
City Council
Special Meeting
Thursday, November 5, 2020 at 4:00 PM
MAYOR AND CITY COUNCIL STAFF
LYN SEMETA, Mayor Recorded live from the
City Council Chambers OLIVER CHI, City Manager
KIM CARR, Mayor Pro Tern y MICHAEL E. GATES, City Attorney
PATRICK BRENDEN,Councilmember 2000 Main Street ROBIN ESTANISLAU, City Clerk
BARBARA DELGLE/ZE,Councilmember Huntington Beach,CA 92648 ALISA BACKSTROM, City Treasurer
JILL HARDY, Councilmember
ERIKPETERSON, Councilmember
MIKE POSEY, Councilmember SPECIAL NOTICE REGARDING COVID-19
On March 4,2020, Governor Newsom proclaimed a State of Emergency in California as a result of the threat of COVID-19.On March 17,
2020, Governor Newsom issued Executive Order N-29-20 which allows a local legislative body to hold public meetings via
teleconferencing, and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking
to observe and to address the local legislative body. Pursuant to Executive Order N-29-20, please be advised that some members of the
Huntington Beach City Council and/or City staff may participate in this meeting telephonically or electronically.
PUBLIC PARTICIPATION/AUDIO/VIDEO ACCESS TO BROADCASTED MEETINGS: Pursuant to Executive N-29-20 and given the
current health concerns, members of the public are encouraged to access the meeting live on-line at
https://huntingtonbeach.legistar.com, or can elect to view the meeting via cable television channel HBTV-3.
The Council Chambers will be not open for in-person attendance to provide public comments. In order to ensure adequate social
distancing,the City will not make a physical location available for the public to observe the meeting or offer public comment in person. To
ensure the public's right to fully participate in providing meaningful public comments at the November 5, 2020, City Council
meeting:
The public may submit a comment via Zoom Webinar,with the preferred method of entry from a computer device. Zoom applications are
available for Windows, Mac, iPhone, iPad, and Android devices. Proceed to Inttps://zoom.us/test from the device you intend to use to
ensure it is ready to join the meeting. A phone-in option is also available.
At 4:00 PM, individuals wishing to provide a comment on agendized or non-agendized items may join the webinar via the Zoom app and
enter Webinar ID 971 5413 0528,or can click on the following link https:Hhuntingtonbeach.zoom.us/i/97154130528. Individuals may also
join the webinar by calling (669) 900-6833 and entering Webinar ID 971 5413 0528. Attendees will be placed in a holding queue and
prompted to speak when the Clerk announces their name or the last three digits of their phone number. Speakers are encouraged,but not
required to identify themselves by name. Each person may have up to 3 minutes to speak, but the Mayor, at her discretion, may reduce
the time allowance if warranted by the volume of calls.The public comment holding queue will remain open for approximately 15 minutes.
After a speaker's comments conclude,they will be disconnected the webinar.
Members of the public may submit SUPPLEMENTAL COMMUNICATION (information received by the City Clerk's Office following
distribution of the Council agenda packet): Members of the public wishing to submit written(supplemental)communication on agenda items
for distribution to the City Council and placed into the administrative record can email SupplementalComm@Surfcity-hb.org.Supplemental
Communications received by 2:00 PM the day of the meeting will be distributed to City Council prior to consideration of agenda-related
items,and will be announced, but not read, and placed into the administrative record during the Supplemental Communications portion of
the Meeting. In addition,any communications sent to city.counciI@surfcity-hb.org on Council agenda items will be treated as Supplemental
Communications and announced, but not read, during the meeting.
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.
City Council/Public Financing AGENDA November 5, 2020
Authority
4:00 PM - COUNCIL CHAMBERS
CALL TO ORDER SPECIAL MEETING
ROLL CALL
Posey, Delgleize, Carr, Semeta, Peterson, Hardy, Brenden
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS PERTAINING TO CLOSED SESSION
ITEM (Received After Agenda Distribution)
PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEM (3 Minute Time Limit) - At
approximately 4:00 PM, individuals wishing to provide a comment on the Closed Session item may
join the Zoom Webinar by entering Webinar ID 971 5413 0528, or join by phone by calling (669)
900-6833. Individuals that enter the meeting will be placed in a holding queue and prompted to
speak when the Clerk announces your name or the last three digits of your phone number.
Speakers are encouraged, but not required to identify themselves by name. Each caller may have
up to 3 minutes to speak, but the Mayor, at her discretion, may reduce the time allowance if
warranted by the volume of calls
RECESS TO CLOSED SESSION
CLOSED SESSION ANNOUNCEMENT(S)
1. 20-2012 Mayor Semeta to announce: Pursuant to Government Code §
54957.6, the City Council takes this opportunity to publicly introduce
and identify designated representatives: Oliver Chi, City Manager,
and Travis Hopkins, Assistant City Manager, who will be participating
in today's Closed Session discussions regarding labor negotiations
with: Interim Chief of Police.
CLOSED SESSION
2. 20-2013 PUBLIC EMPLOYEE APPOINTMENT. (Paragraph (1) of subdivision (b)
of Section 54957.) Employee: Interim Chief of Police
CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section
54957.6.) Agency designated representatives: Oliver Chi, City
Manager and Travis Hopkins, Assistant City Manager. Interim Chief
of Police.
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City Council/Public Financing AGENDA November 5, 2020
Authority
RECONVENE CITY COUNCIL MEETING
ROLL CALL
Posey, Delgleize, Carr, Semeta, Peterson, Hardy, Brenden
CLOSED SESSION REPORT BY CITY ATTORNEY
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution)
PUBLIC COMMENTS (3 Minute Time Limit) - Individuals wishing to provide a comment on
agendized or non-agendized items may join the Zoom Webinar by entering Webinar ID 971 5413
0528, or join by phone by calling (669) 900-6833. Individuals that enter the meeting will be placed in
a holding queue and prompted to speak when the Clerk announces your name or the last three
digits of your phone number. Speakers are encouraged, but not required to identify themselves by
name. Each speaker may have up to 3 minutes to speak, but the Mayor, at her discretion, may
reduce the time allowance if warranted by the volume of speakers.
ADMINISTRATIVE ITEMS
3. 20-2014 Adopt Resolution No. 2020-82 Appointing an Interim Police Chief and
Approving the Employment Agreement
Recommended Action:
A) Adopt Resolution No. 2020-82 A Resolution of the City of Huntington Beach Appointing
an Interim Police Chief; and
B) Approve and Authorize the Mayor to Execute the Employment Agreement
ADJOURNMENT
The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is
Monday, November 16, 2020, at 4:00 PM 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
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City of Huntington Beach
File #: 20-2012 MEETING DATE: 11/5/2020
Mayor Semeta to announce: Pursuant to Government Code § 54957.6, the City Council takes
this opportunity to publicly introduce and identify designated representatives: Oliver Chi, City
Manager, and Travis Hopkins, Assistant City Manager, who will be participating in today's
Closed Session discussions regarding labor negotiations with: Interim Chief of Police.
City of Huntington Beach Page 1 of 1 Printed on 11/4/2020
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City of Huntington Beach
File #: 20-2013 MEETING DATE: 11/5/2020
PUBLIC EMPLOYEE APPOINTMENT. (Paragraph (1) of subdivision (b) of Section 54957.)
Employee: Interim Chief of Police
CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated
representatives: Oliver Chi, City Manager and Travis Hopkins, Assistant City Manager.
Interim Chief of Police.
City of Huntington Beach Page 1 of 1 Printed on 11/4/2020
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City of Huntington Beach
File #: 20-2014 MEETING DATE: 11/5/2020
Adopt Resolution No. 2020-82 Appointing an Interim Police Chief and Approving the
Employment Agreement
A) Adopt Resolution No. 2020-82 A Resolution of the City of Huntington Beach Appointing an
Interim Police Chief; and
B) Approve and Authorize the Mayor to Execute the Employment Agreement
City of Huntington Beach Page 1 of 1 Printed on 11/4/2020
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REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO : Honorable Mayor and City Council Members
SUBMITTED BY: Oliver Chi , City Manager
PREPARED BY: Oliver Chi , City Manager
Subiect:
. . title
Adopt Resolution No. 2020=82 A Resolution of the City of Huntington Beach Appointing an
Interim Police Chief and Approving the Employment Agreement
. . body
Statement of Issue :
The City is preparing to launch a nationwide recruitment to fill the Police Chief vacancy created by the
retirement of the former Police Chief on October 16 , 2020 , Following City Council consideration of
the potential Interim Police Chief candidates in tonight's Closed Session meeting , the recommended
candidate will be appointed as Interim Police Chief until the recruitment process concludes .
Financial Impact:
No additional appropriation is requested . Funding is included in the Fiscal Year 2020/21 and Fiscal
Year 2021 /22 budget.
Recommended Action :
. . recommendation
A) Adopt Resolution No . 2020-82 , "A Resolution of the City of Huntington Beach Appointing an
Interim Police Chief; " and
B) Approve and Authorize the Mayor to Execute the Employment Agreement
. . end
Alternative Action (s) :
Do not approve the recommended action and direct staff accordingly.
Analysis :
Police Chief Robert Handy retired from City service on October 16 , 2020 . The City Council has
authorized City staff to begin conducting a nationwide recruitment to fill the position . Kelly Rodriquez
is currently serving as the Acting Police Chief. To maintain the integrity of City service with respect to
the City's overall police operations , it is recommended that the City Council approve an appointment to
serve as the Interim Police Chief until the City concludes the national recruitment to fill the vacancy.
The adoption of Resolution No. 2020-82 and the execution of the employment agreement is required
by CalPERS for employment of retired annuitants at the Department Head/Executive level pursuant to
Government Code Section 21221 (h) .
The Human Resources Division of the Administrative Services Department is beginning the process of
launching a national recruitment for the vacant Police Chief position . It is anticipated that the position
will be filled by February / March 2021 .
The hourly compensation for the position of Interim Police Chief will be between $85 . 82 - $ 106 . 31 with
no City-provided benefits . The interim appointment is compliant with California Government Code
Section 21221 (h) .
Environmental Status :
Not applicable.
Strategic Plan Goal:
Enhance and modernize public safety service delivery
Enhance and maintain high quality City services
Attachment(s) :
1 , Resolution No , 2020-82
2 . Draft Employment Agreement
Resolution No . 2020-82
A RESOUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH APPOINTING
AS INTERIM CHIEF OF POLICE
WHEREAS , California Government Code Section 21221 (h) of the Public Employees'
Retirement Law permits the governing body to appoint a Ca1PERS retiree to a vacant position
requiring specialized skills during recruitment for a permanent appointment, and provides that
such appointment will not subject the retired person to reinstatement from retirement or loss of
benefits so long as it is a single appointment that does not exceed 960 hours in a fiscal year; and
WHEREAS , Pursuant to California Government Code Section 21221 (h), the City
Council of the City of Huntington Beach desires to appoint as an Interim
appointment retired annuitant to the vacant position of Police Chief for the City of Huntington
Beach effective November 13 , 2020 ; and
WHEREAS , Governor Gavin Newsom issued Executive Order N-25-20 on March 12,
2020, temporarily suspending work hour limitations for retired annuitants to expedite emergency
response and recovery until the state of emergency is lifted to enhance California' s ability to
respond to COVID- 19 ; and
WHEREAS, the City Council of the City of Huntington Beach, and
certify that has not and will not receive a "Golden Handshake" or any other
type of retirement-related incentive; and
WHEREAS, Pursuant to Government Code Section 21221 (h), an appointment of a retiree
to an interim position requires the public entity to conduct a recruitment for a permanent
appointment; and
WHEREAS , the governing body has authorized the search for a permanent appointment
of a Chief of Police on November 5 , 2020, and
WHEREAS , Government Code Section 21221 (h) allows for the appointment of an
interim one time. Therefore the interim position will end on the pay period end date immediately
preceding the beginning of the pay period of appointment of the permanent appointment, or not
later than November 4, 2021 , whichever occurs first; and
WHEREAS , the entire employment agreement, contract or appointment document
between and the City of Huntington Beach has been reviewed by City Council
and is attached hereto; and
WHEREAS , the compensation paid to retirees cannot be less than the minimum nor
exceed the maximum monthly base salary paid to other employees performing comparable
duties, divided by 173 , 333 to equal the hourly rate; and
20-9128/239109
WHEREAS , the maximum monthly base salary for this position is $ 18,427 .07 and the hourly
equivalent is $ 106. 31 ; the minimum monthly base salary for this position is $ 14,875 .47 and the
hourly equivalent is $ 85 . 82; and
WHEREAS , the hourly rate paid to will be $ ; and
WHEREAS , has not and will not receive any other benefit, incentive,
compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate;
and
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Huntington
Beach as follows :
1 . The City Council of the City of Huntington Beach hereby certifies the nature of the
employment of as described herein and detailed in the attached
employment agreement/contract/appointment document and that this appointment is
necessary to fill the critically needed position of Chief of Police for the City of
Huntington Beach by November 5 , 2020, because the City of Huntington Beach requires
experienced operational oversight at the department head level of its Uniform,
Investigations, Administrative Operations, Administrative Services, Professional
Standards, Training, and Community Support operations, including the oversight of
approximately 345 sworn and non-sworn personnel, and a $ 80 million budget for Fiscal
Year 2020/2021 .
2 . City Council further authorizes the search for a permanent Chief of Police.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a special
meeting thereof held on the 5" day of November, 2020 .
Mayor
REVIEWED AND APPROVED INITIATED AND APPROVED
City Manager Assistant City Manager
APPROVED AS TO FORM :
City Attorneyr°J
20-9128/239109
EMPLOYMENT AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
THIS AGREEMENT is entered into this day of 2020, between
the City of Huntington Beach, a California municipal corporation, subsequently called " City, " and
subsequently called " III
RECITALS
The City Manager may, appoint an Interim Police Chief to assist the City, at such salaries
or compensation as the Council may by ordinance or resolution prescribe; and
The City desires to employ the services of as an Interim Police Chief of
the City of Huntington Beach; and
It is the desire of the City to provide certain compensation, establish certain conditions of
employment, and to set working conditions of ; and
It is the desire of the City to :
( 1 ) Secure and retain the services of and to provide inducement for
him to remain in such employment; and
(2) To provide a means for terminating ` s service at such time as he
may be unable fully to discharge his duties or when City may otherwise desire to terminate his
employ; and
By entering this Agreement, he desires to accept employment as an Interim Police Chief
of the City.
NOW, THEREFORE, in consideration of the mutual covenants here contained, the parties
agree as follows :
SECTION 1 . DUTIES . City agrees to employ as an Interim Police
Chief of the City to perform the functions and duties of that office including under City Manager
direction, providing management oversight in directing the activities and operations of the City as
further set forth in the Class Specification of Police Chief attached hereto as Exhibit "A," the
Municipal Code of the City of Huntington Beach and the City Charter, and to perform other legally
permissible duties and functions as Police Chief as the City Manager shall from time to time
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assign. shall devote his full attention and effort to the office and perform
the mentioned duties and functions in a professional manner.
SECTION 2. STATUS AND TERM.
(a) shall serve for a definite term at the pleasure of the City
Manager and shall be considered an at-will employee of the City in the capacity of retired
annuitant, commencing upon execution of this agreement, and not to exceed a term of one ( 1 ) year.
(b) Nothing in this Agreement shall prevent, limit or otherwise interfere with the right
of the City Manager to terminate the employment of at any time.
(c) Nothing in this Agreement shall prevent, limit or otherwise interfere with the right
of to resign at any time from his position with the City.
The term "employed" (and derivations of that term as used in the preceding paragraph)
shall include employment by another legal entity or self-employment. However, shall not be
construed to include occasional teaching, writing, consulting or military reserve service performed
on is time off, and with the advance approval of the City Manager.
SECTION 3. SALARY. City agrees to pay for his services
rendered pursuant to this Agreement at Non-Associated Range NA0011 , $ 85 . 82406. 31 per hour,
of the City's classification and compensation plan or resolutions or ordinances from time-to-time
enacted that govern such compensation for the position of Police Chief.
SECTION 4. OTHER BENEFITS .
(a) shall receive no benefits other than his hourly salary.
SECTION 5. TERMINATION.
(a) The City Manager may terminate the employment of at any
time without advance notice, without just cause, and without payment of severance for;
(i) a willful breach of this Agreement or the willful and repeated neglect by last
name to perform duties that he is required to perform;
(ii) conviction of any criminal act relating to employment with City;
(iii) conviction of a felony.
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(c) Subsequently, the decision of the City Manager as to whether reasons set forth in
Section (a)(i-iii) exist or do not exist shall be final as between the parties .
(e) In the event voluntarily resigns, shall
give the City seven (7) calendar days written notice prior to the last workday, unless the City
Manager and otherwise agree.
(t) It is understood that after notice of termination in any form, and
the City will cooperate to provide for an orderly transition.
SECTION 6. FINANCIAL DISCLOSURE .
(a) shall report to the City any ownership interest in real property
within the County of Orange, excluding personal residence . Also, shall report
.to the City any financial interest greater than Ten Thousand Dollars ($ 10,000) in value in a firm
doing work for the City or from which the City intends to make a purchase. Such reporting shall
be made in writing by to the City within ten ( 10) calendar days of the execution
of this Agreement and, further, within ten ( 10) calendar days of acquisition of that interest in real
property. Additionally, shall report in writing to the City any financial interest
greater than Ten Thousand Dollars ($ 10,000) in value in a firm doing work for the City or from
whom the City intends to make a purchase immediately upon notice of the intended work or
purchase .
(b) In addition, shall annually complete and file a Form 700
Statement of Economic Interest with the City Clerk.
SECTION 7. INDEMNIFICATION. City shall defend and indemnify any
action, including but not limited to any: tort, professional liability claim or demand, or other
noncriminal legal, equitable or administrative action, whether groundless or otherwise, arising out of
an alleged act or omission occurring in the performance of 's duties as an employee
or officer of City, other than an action brought by City against or an action filed
against City by . In addition, the City shall reimburse documented
reasonable expenses for the travel, lodging, meals, of should be
subject to such, should an action be pending after termination of City shall be
responsible for and have authority to compromise and settle any action, with prior consultation with
and pay the amount of any settlement or judgment rendered on that action. shall
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cooperate fully with City in the settlement, compromise, preparation of the defense, or trial of any
such action.
SECTION 8. GENERAL PROVISIONS.
(a) The text herein, including recitals, shall constitute the entire Agreement between
the parties.
(b) This Agreement shall become effective upon execution of this agreement.
(c) If any provision, or any portion of any provision, contained in this Agreement is
held unconstitutional, invalid, or unenforceable, the remainder of this Agreement, or any portion
of it, shall be deemed severable, shall not be affected and shall remain in full force and effect.
(d) No amendment of this Agreement shall be effective unless in writing and signed by
both parties here.
IN WITNESS WHEREOF, City has caused this Agreement to be signed and executed on
its behalf by City Council, and has signed and executed this Agreement, both
in duplicate, the day and year first above written.
CITY OF HUNTINGTON BEACH
Mayor
APPROVED AS TO FORM:
City Manager City Attorney
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20-9128/239114
CITY OF HUNTINGTON BEACH Su , ity
CLASS SPECIFICATION ^h*
TITLE : POLICE CHIEF DATE : SEPTEMBER, 1975
JOB CODE : 0011
EMPLOYMENT STATUS : REGULAR FULL-TIME
UNIT REPRESENTATION : NON -ASSOCIATED
FLSA STATUS : EXEMPT
DUTIES SUMMARY
To administer and direct all operations and activities of the Police Department designed to
prevent and repress crime , to recover property , and to regulate non-criminal conduct.
DISTINGUISHING CHARACTERISTICS
EXAMPLES OF ESSENTIAL DUTIES
Administers all operations , activities , and policies of the Police Department; oversees the
planning , organization , coordination , direction and controlling of all departmental
procedures, policies , and functions ; determines departmental policies, advises Captains
regarding major policy procedures and provides for policy implementation ; establishes
departmental goals and objectives based upon the needs of the community and the
capabilities of the department; attends and participates in various meetings related to
public safety enforcement and problems; reviews , coordinates and approves all
departmental plans in order to assure consistency with departmental policies , goals, and
objectives ; inspects or provides for the inspection of all police personnel in order to insure
proper discipline is maintained ; oversees the preparation of the budget and approves the
final product; provides for the development of in-service training programs for all
department personnel ; advises and assists police officers in non-routine investigations
and personally participates in the more difficult police problems; performs other duties as
assigned by the City Administrator.
The preceding duties have been provided as examples of the essential types of work
performed by positions within this job classification. The City, at its discretion, may add,
modify, change or rescind work assignments as needed.
MINIMUM QUALIFICATIONS
Any combination of education, training, and experience that would likely provide the
knowledge, skills, and abilities to successfully perform in the position is qualifying. A
typical combination includes:
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CITY OF HUNTINGTON BEACH Su ity
CLASS SPECIFICATION. ^^
TITLE : POLICE CHIEF DATE : SEPTEMBER, 1975
Knowledge of: Extensive knowledge of the principles and practices of modern police
administration and police methods .
Ability to: Ability to plan , organize , and direct the work of a large number of
subordinates performing varied operations connected with police activities ; ability to
plan , initiate , and carry out long-term programs in police department administration ,
employee training , and law enforcement.
Education : Graduation from a college or university with a major in Police Science ,
Criminology, Public Administration , Law, or a related field ; or any combination of training
and experience which provides the required knowledges , skills , and abilities .
Experience : Eight (8) years of experience in law enforcement including two (2) years
of experience at the level of Captain or higher.
Certification : Valid California drivers license .
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