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2022 Closed Session Agendas (2)
`' UtyTINgF� 2000 Main Street, oF �,�?e�> Huntington Beach,CA 92648 r o} _Q City of Huntington Beach COUNTY�P File #: 22-1097 MEETING DATE: 12/20/2022 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Chodzko (Tara) v. City of Huntington Beach; OCSC Case No.: 30-2021-01237196. City of Huntington Beach Page 1 of 1 Printed on 12/14/2022 powered by LegistarT" 2`��NTIN6Tp '>, 2000 Main Street, Huntington Beach,CA o �� 92648 City of Huntington Beach � eOUNTY Gpti} File #: 22-1098 MEETING DATE: 12/20/2022 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Babaie (Masoud) and Hervin-Babaie (Negin) v. City of Huntington Beach; Case No. 30-2020-01159653. City of Huntington Beach Page 1 of 1 Printed on 12/14/2022 powered by LegistarT" 0ATINGI •.; 2000 Main Street, Huntington Beach,CA j 4 92648 City of Huntington Beach b $ o a 9 =r File #: 22-1099 MEETING DATE: 12/20/2022 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Whitaker (Brittany) v. City of Huntington Beach, et al.; OCSC Case No.: 30-2021-01235807. City of Huntington Beach Page 1 of 1 Printed on 12/14/2022 powered by LegistarT" $01INGrQ�' 2000 Main Street, ;c Huntington Beach,CA City of Huntington Beach s264$ �OUNTV CaH File #: 22-1100 MEETING DATE: 12/20/2022 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Al Zelinka, City Manager, and Peter Brown, Chief Negotiator; also in attendance: Brittany Mello, Administrative Services Director; Travis Hopkins, Assistant City Manager; Eric Parra, Chief of Police; and Dahle Bulosan, Chief Financial Officer. Employee Organization: Police Officers' Association (POA). City of Huntington Beach Page 1 of 1 Printed on 12/14/2022 powered by LegistarT" UN �NGT° 2000 Main Street, 4,54:°. Huntington Beach,CA 92648 City of Huntington Beach f P CouNT File #: 22-1102 MEETING DATE: 12/20/2022 CONFERENCE WITH LEGAL COUNSEL-LITIGATION (Gov. Code section 54956.9(d)(4).): Number of Cases, one (1) - Oil Spill. City of Huntington Beach Page 1 of 1 Printed on 12/14/2022 powered by LegistarT" ��tyTIN6Tp"'r, 2000 Main Street, oFcaar=r�� Huntington Beach,CA 92648 s Y City of Huntington Beach F y. COUNTY CP File #: 22-1103 MEETING DATE: 12/20/2022 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Pacific Airshow, LLC v. City of Huntington Beach and Kim Carr; OCSC Case No. 30-2022-01287749. City of Huntington Beach Page 1 of 1 Printed on 12/14/2022 powered by Legistarr weali+�Grp`'� 2000 Main Street, Huntington Beach,CA 92648 _ City of Huntington Beach } 9 am. F�CF .pair im•*' q�� F File #: 22-1115 MEETING DATE: 12/20/2022 Charles Niederman of Temple Beth David in Westminster and member of the Greater Huntington Beach Interfaith Council City of Huntington Beach Page 1 of 1 Printed on 12/14/2022 powered by Legistarr" 2000 Main Street, Huntingtong Beach,CA City of Huntington Beach 2648 y f\ — 'bJ File #: 22-1021 MEETING DATE: 11/29/2022 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Pacific Airshow, LLC v. City of Huntington Beach and Kim Carr; Case No. 30-2022-01287749. City of Huntington Beach Page 1 of 1 Printed on 11/23/2022 powered by LegistarT"' oJTifv67- 2000 Main Street, Huntington Beach,CA 92648 City of Huntington Beach 9. O� File #: 22-992 MEETING DATE: 11/15/2022 CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Gov. Code section 54956.8.) Property: APN numbers 111-372-06 and 111-372-07. Agency negotiator: Al Zelinka, City Manager; Ursula Luna-Reynosa, Director of Community Development; and Sean Crumby, Director of Public Works. Negotiating parties: Timothy A. Fissinger. Vice President of Real Estate for Republic Services. Under negotiation: Price and terms of payment. City of Huntington Beach Page 1 of 1 Printed on 11/9/2022 poweredpoweredlay LegistarT"" �aTiNr 2000 Main Street, e, Gra Hr3 Huntington Beach,CA 92648 City of Huntington Beach i'oUNri CP„- File #: 22-927 MEETING DATE: 11/1/2022 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Al Zelinka, City Manager; also in attendance: Brittany Mello, Director of Administrative Services, and Bob Longmire, Public Sector Personnel Consultants. Employee Organization: Huntington Beach Municipal Teamsters (HBMT), Management Employees' Organization (MEO), Police Officers' Association (POA), Police Management Association (PMA), Huntington Beach Firefighters' Association (HBFA), Fire Management Association (FMA), Marine Safety Management Association (MSMA), Surf City Lifeguard Employees' Association (SCLEA), and Non-Represented (Non-Associated) Employees (NA). City of Huntington Beach Page 1 of 1 Printed on 10/26/2022 poweredlt4 LegistarT" 2000 Main Street, wTirucr ; Huntington Beach,CA City of Huntington Beach 92648 o NTN File#: 22-946 MEETING DATE: 11/1/2022 CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION (Gov. Code section 54956.9 (d)(2).): One (1) -Air Show. City of Huntington Beach Page 1 of 1 Printed on 10/28/2022 poweredl4y LegistarTM �`�VNTINGTp ^. 2000 Main Street, � awPnfla¢ _ Huntington Beach, CA •'f� s".m sue'-a3,` F .. ti v 92648 City of Huntington Beach j,9�►s�0i. �OUNTY tP�✓' File #: 22-871 MEETING DATE: 10/18/2022 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Al Zelinka, City Manager; also in attendance: Brittany Mello, Director of Administrative Services, and Bob Longmire, Public Sector Personnel Consultants. Employee Organization: Huntington Beach Municipal Teamsters (HBMT), Management Employees' Organization (MEO), Police Officers' Association (POA), Police Management Association (PMA), Huntington Beach Firefighters' Association (HBFA), Fire Management Association (FMA), Marine Safety Management Association (MSMA), Surf City Lifeguard Employees' Association (SCLEA), and Non-Represented (Non-Associated) Employees (NA). City of Huntington Beach Page 1 of 1 Printed on 10/12/2022 powered/A Legistarr" ,rOTINGT0 2000 Main Street, C%.-;;Isar,?'a Huntington Beach, CA " `" 92648 0,1 _ City of Huntington Beach 9 _ -roe tr.t File #: 22-872 MEETING DATE: 10/18/2022 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Al Zelinka, City Manager, and Peter Brown, Chief Negotiator; also in attendance: Brittany Mello, Administrative Services Director; Travis Hopkins, Assistant City Manager; Eric Parra, Chief of Police; and Dahle Bulosan, Chief Financial Officer. Employee Organization: Police Officers' Association (POA). City of Huntington Beach Page 1 of 1 Printed on 10/12/2022 poweredU LegistarT" IN6r0 _ 2000 Main Street, Huntington Beach,CA " + 92648 City of Huntington Beach ��i�cF oQ File #: 22-875 MEETING DATE: 10/18/2022 CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION (Gov. Code section 54956.9 (d)(2).): One (1) -Air Show. City of Huntington Beach Page 1 of 1 Printed on 10/12/2022 powered-Legistar`" "y y 2000 Main Street, A , Huntington Beach,CA 92648 Y City of Huntington Beach _ v i' File #: 22-833 MEETING DATE: 10/4/2022 THREAT TO PUBLIC SERVICES OR PUBLIC FACILITIES: Pursuant to Government Code Section 54957, Consultation with Eric Parra, Police Chief for the City of Huntington Beach Police Department and Scott Haberle, Fire Chief for the City of Huntington Beach Fire Department City of Huntington Beach Page 1 of 1 Printed on 9/28/2022 powered a LegistarT" 2000 Main Street, I>> ' Huntington Beach, CA 92648 .'wA t,, City of Huntington Beach File #: 22-786 MEETING DATE: 9/20/2022 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Tabares (Tiffany) v. City of Huntington Beach/Eric Esparza, OCSC Case No.: 30-2021-01200297 City of Huntington Beach Page 1 of 1 Printed on 9/14/2022 poweredtb Legistar- 2000 Main Street, Huntington Beach, CA 1 City of Huntington Beach 92648 File #: 22-787 MEETING DATE: 9/20/2022 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Whitaker (Brittany) v. City of Huntington Beach; OCSC Case No.: 30-2021-01235807 City of Huntington Beach Page 1 of 1 Printed on 9/14/2022 peweredta Legistarr, 2000 Main Street, Huntington Beach,CA _ 92648 City of Huntington Beach File #: 22-791 MEETING DATE: 9/20/2022 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Al Zelinka, City Manager; also in attendance: Brittany Mello, Director of Administrative Services, regarding the following: Huntington Beach Municipal Teamsters (HBMT), Management Employees' Organization (MEO), Police Officers' Association (POA), Police Management Association (PMA), Huntington Beach Firefighters' Association (HBFA), Fire Management Association (FMA), Marine Safety Management Association (MSMA), Surf City Lifeguard Employees' Association (SCLEA), and Non-Represented (Non-Associated) Employees (NA) City of Huntington Beach Page 1 of 1 Printed on 9/14/2022 powered' LegistarTM y" ' 2000 Main Street, Huntington Beach, CA City of Huntington Beach 92648 iee+. File #: 22-798 MEETING DATE: 9/20/2022 CONFERENCE WITH LEGAL COUNSEL-LITIGATION (Gov. Code section 54956.9(d)(4).): Number of Cases, one (1) - Oil Spill City of Huntington Beach Page 1 of 1 Printed on 9/14/2022 poweredlflk LegistarTM 2000 Main Street, Huntington Beach,CA \ 92648 City of Huntington Beach }ti File #: 22-725 MEETING DATE: 9/6/2022 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Al Zelinka, City Manager; also in attendance: Brittany Mello, Director of Administrative Services, regarding the following: Huntington Beach Municipal Teamsters (HBMT), Management Employees' Organization (MEO), Police Officers' Association (POA), Police Management Association (PMA), Huntington Beach Firefighters' Association (HBFA), Fire Management Association (FMA), Marine Safety Management Association (MSMA), Surf City Lifeguard Employees' Association (SCLEA), and Non-Represented (Non-Associated) Employees (NA). /YS0T �cE City of Huntington Beach Page 1 of 1 Printed on 8/31/2022 powered Legistar 2000 Main Street, Huntington Beach,CA 92648 }; City of Huntington Beach File#: 22-756 MEETING DATE: 9/6/2022 CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION. Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9: Number of cases, one (1) -Air Show/Oil Spill. City of Huntington Beach Page 1 of 1 Printed on 8/31/2022 powered14 Legistar- 2000 Main Street, Huntington Beach, CA City of Huntington Beach 92648 File #: 22-536 MEETING DATE: 8/2/2022 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Al Zelinka, City Manager; also in attendance: Brittany Mello, Director of Administrative Services, regarding the following: Huntington Beach Municipal Teamsters (HBMT), Management Employees' Organization (MEO), Police Officers' Association (POA), Police Management Association (PMA), Huntington Beach Firefighters' Association (HBFA), Fire Management Association (FMA), Marine Safety Management Association (MSMA), Surf City Lifeguard Employees' Association (SCLEA), and Non-Represented (Non-Associated) Employees (NA). City of Huntington Beach Page 1 of 1 Printed on 7/27/2022 powered tQ LegistarT" 2000 Main Street, Huntington Beach,CA City of Huntington Beach 92648 File #: 22-642 MEETING DATE: 8/2/2022 CONFERENCE WITH LEGAL COUNSEL-LITIGATION (Gov. Code section 54956.9(d)(4).): Number of Matters: One (1) - PFAS (Water Contamination). City of Huntington Beach Page 1 of 1 Printed on 7/27/2022 powered Legistar- 2000 Main Street, Huntington Beach, CA City of Huntington Beach 92648 !N File #: 22-655 MEETING DATE: 8/2/2022 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Watson (Kathleen) v. City of Huntington Beach, OCSC Case No.: 30-2020-01122818. City of Huntington Beach Page 1 of 1 Printed on 7/27/2022 powered'b1 LegistarT"d - 2000 Main Street, Huntington Beach, CA 92648 City of Huntington Beach < f , File #: 22-621 MEETING DATE: 7/19/2022 CONFERENCE WITH LEGAL COUNSEL - LITIGATION (Gov. Code section 54956.9 (d)(4).): Number of Matters: One (1) - City of Long Beach et. al v. Monsanto Company et. al. Case No. 2:16-cv-03493-FMO-AS. City of Huntington Beach Page 1 of 1 Printed on 7/14/2022 powered ty Legtstar- 2000 Main Street, Huntington Beach, CA City of Huntington Beach 92648 File #: 22-576 MEETING DATE: 7/5/2022 CONFERENCE WITH LEGAL COUNSEL - LITIGATION (Gov. Code section 54956.9 (d)(4).): Number of Matters: One (1) - City of Long Beach et. al v. Monsanto Company et. al. Case No. 2:16-cv-03493-FMO-AS. City of Huntington Beach Page 1 of 1 Printed on 6/30/2022 poweredEa LegistarTI 2000 Main Street, Huntington Beach,CA City of Huntington Beach 92648 rFr an.`im* � 'tip File #: 22-588 MEETING DATE: 7/5/2022 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION. Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9: Number of cases, one (1). City of Huntington Beach Page 1 of 1 Printed on 6/30/2022 powered54 LegistarTM 2000 Main Street, ° Huntington Beach,CA City of Huntington Beach 92646 File #: 22-596 MEETING DATE: 7/5/2022 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: City of Huntington Beach v. State of California, et al.; Court of Appeal Case No.: G061184. City of Huntington Beach Page 1 of 1 Printed on 6/30/2022 powered,%t LegistarT" 11 2000 Main Street, Huntington Beach, CA City of Huntington Beach 92648 � ,,.roe, • '' File #: 22-550 MEETING DATE: 6/21/2022 CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION. Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9: Litigation threatened in December 21, 2021 letter from Cole/Huber, LLP. City of Huntington Beach Page 1 of 1 Printed on 6/16/2022 powered%Legistar- 2000 Main Street, Huntington Beach,CA City of Huntington Beach 92648 File#: 22-534 MEETING DATE: 6/14/2022 CONFERENCE WITH LEGAL COUNSEL-LITIGATION (Gov. Code section 54956.9(d)(4).): Number of Matters: One (1) - Orange County Power Authority City of Huntington Beach Page 1 of 1 Printed on 6/13/2022 powered by LegistarTM 2000 Main Street, Huntington Beach, CA _ City of Huntington Beach 92648 i Y �I }lY �zl File #: 22-496 MEETING DATE: 6/7/2022 CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION. Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9: Dalia Hijazi vs. City of Huntington Beach, Claim No. COHB 2020-116. City of Huntington Beach Page 1 of 1 Printed on 6/1/2022 poweredt4 Legistar— 2000 Main Street, ' Huntington Beach, CA � City of Huntington Beach 92648 1 t }r File #: 22-499 MEETING DATE: 6/7/2022 CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION. Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9: Litigation threatened in December 21, 2021 letter from Cole/Huber, LLP. City of Huntington Beach Page 1 of 1 Printed on 6/1/2022 poweredt5y Legistar"I 2000 Main Street, Huntington Beach,CA 92648 City of Huntington Beach File #: 22-341 MEETING DATE: 4/19/2022 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: California Renters Legal Advocacy and Education Fund/THDT Investment, Inc. v. City of Huntington Beach; OCSC Case No.: 30-2020-01140855. City of Huntington Beach Page 1 of 1 Printed on 4/132022 ooweredt0 Legistar" 2000 Main Street, Huntington Beach,CA 92648 City of Huntington Beach File #: 22-342 MEETING DATE: 4/19/2022 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Californians for Homeownership, Inc. v. City of Huntington Beach; OCSC Case No. 30-2019-01107760. City of Huntington Beach Page 1 of 1 Printed on 4/13/2022 were lcl/Leg staCl 2000 Main Street, Huntington Beach,CA ' City of Huntington Beach 92648 File #: 22-343 MEETING DATE: 4/19/2022 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Zago (Daphna) v. City of Huntington Beach; Case No.: 30-2020-01174319. City of Huntington Beach Page 1 of 1 Printed on 4/1 312 02 2 wwereat2 Legis;ar'" 2000 Main Street, i Huntington Beach, CA r' (_ City of Huntington Beach 92648 r_ File #: 22-348 MEETING DATE: 4/19/2022 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: James Schoales v. City of Huntington Beach; Worker's Compensation No. COHB-21-0110. City of Huntington Beach Page 1 of 1 Printed on 4/13/2022 r ,ereo13 Legiszar'' 2000 Main Street, Huntington Beach,CA 92648 City of Huntington Beach r_r File #: 22-349 MEETING DATE: 4/19/2022 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Dale Shields v. City of Huntington Beach; Worker's Compensation No. COHB-16-0273. City of Huntington Beach Page 1 of 1 Printed on 4/132022 t eredt4 Leoistar- 2000 Main Street, Huntington Beach,CA City of Huntington Beach 92648 File #: 22-350 MEETING DATE: 4/19/2022 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Brandon Reed v. City of Huntington Beach; Worker's Compensation No. COHB-17-0240. City of Huntington Beach Page 1 of 1 Printed on 4113/2022 oowerect5 legista'— 2000 Main Street, Huntington Beach, CA City of Huntington Beach 92648 File #: 22-346 MEETING DATE: 4/19/2022 PUBLIC EMPLOYEE APPOINTMENT (Gov. Code section 54957(b)(1).) Title: City Manager. City of Huntington Beach Page 1 of 1 Printed on 4/132022 pcweredl6 Leoiatar TM _ 2000 Main Street, Huntington Beach,CA (\\\_ City of Huntington Beach 9264e File #: 22-293 MEETING DATE: 4/5/2022 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: California Renters Legal Advocacy and Education Fund/THDT Investment, Inc. v. City of Huntington Beach; OCSC Case No.: 30-2020-01140855. City of Huntington Beach Page 1 of 1 Printed on 3/3012022 ooweredt3 l.ems;ar"' 2000 Main Street, Huntington Beach, CA _ City of Huntington Beach 92646 File #: 22-294 MEETING DATE: 4/5/2022 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Californians for Homeownership, Inc. v. City of Huntington Beach; OCSC Case No. 30-2019-01107760. City of Huntington Beach Page t of 1 Printed on 3/30/2022 oowerecl4 Legwar' 2000 Main Street, Huntington Beach,CA 92648 (_ City of Huntington Beach File #: 22-295 MEETING DATE: 4/5/2022 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Sean Joyce, Interim City Manager; also in attendance: Brittany Mello, Director of Administrative Services, regarding the following: Surf City Lifeguard Employees' Association (SCLEA). City of Huntington Beach Page 1 of 1 Printed on 3/30/2022 p ,erects Legistar` 2000 Main Street, Huntington Beach,CA City of Huntington Beach 92648 File #: 22-297 MEETING DATE: 4/5/2022 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION. Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9: Litigation threatened in December 21, 2021 letter from Cole/Huber, LLP. City of Huntington Beach Page 1 of 1 Printed on 3/30/2022 p -ereat6 Lepstar" 2000 Main Street Huntington Beach.CA City of Huntington Beach 92648 File#: 22-300 MEETING DATE: 4/5/2022 CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Gov. Code section 54956.8.) Property: APN numbers 111-372-06 and 111-372-07; Agency negotiator: Sean Joyce, Ursula Luna-Reynosa, Sean Crumby; Negotiating parties: Dave Hauser, Market Vice President of Republic Services; Under negotiation: Price and terms of payment for the disposition of real property. City of Huntington Beach Page 1 of 1 Primed on 4/1/2022 Moore, Tania From: Estanislau, Robin Sent: Thursday, March 31, 2022 9:21 AM To: Switzer, Donna, Moore, Tania Cc: Esparza, Patty Subject: Fwd: Item a2 on the City Council Agenda for April 5th . . . Sent from my iPad Begin forwarded message: From: "Gino J. Bruno" <gbruno@socal.rr.com> Date: March 30, 2022 at 8:31:33 PM PDT To: "Gino J. Bruno" <gbruno@socal,rr.com> Subject: Item k2 on the City Council Agenda for April Sth . . . From: Gino J. Bruno [mailto:gbruno@socal.rr.com) Sent: Wednesday, March 30, 2022 7:56 PM To: 'Huntington Beach City Council' <city.council@surfcity-hb.org> Cc: 'Joyce, Sean' <Sean.Joyce@surfcity-hb.org>; 'Ursula Luna-Reynosa' <ursula.luna-reynosa@surfcity- hb.org>; 'Travis Hopkins' <thopkins@surfcity-hb.org> Subject: Item p2 on the City Council Agenda for April 5th . . . Regarding negotiations for Wintersburg . . (Item #2 on Tuesday's Council Closed Session Agenda) Council members The City already has 78 parks and similar public facilities, the vast majority of which the City cannot, or will not. maintain satisfactorily. claiming always it lacks sufficient funds unless the City gets more "developers impact fees" by allowing more high density development The City has no business in acquiring Wintersburg, or being in its chain of title to facilitate others to take fee title Thank you. SUPPLEMENT AL COMMUNICATION Gino J Bruno Huntington Beach Meedng DeM : Apsnds Ihm No.; t 2000 Main Street, Huntington Beach,CA ' City of Huntington Beach 92648 File #: 22-305 MEETING DATE: 4/5/2022 CONFERENCE WITH LEGAL COUNSEL-LITIGATION (Gov. Code section 54956.9(d)(4).): Tucker v. Huntington Beach Downtown Business Assoc.; 30-2022-01244827. City of Huntington Beach Page 1 of 1 Printed on 3/30t2022 poweredZB Legistar'• 2000 Main Street. t+.inLngton Beach.CA City of Huntington Beach 92648 File#: 22-274 MEETING DATE: 3/25/2022 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Californians for Homeownership, Inc. v. City of Huntington Beach; OCSC Case No. 30-2019-01107760. City of Huntington Beach Page 1 of 1 Pnnteo on 3R212022 .elea t4_egisva" 2000 Main Street, Huntington Beach,CA City of Huntington Beach 92648 File#: 22-275 MEETING DATE: 3/25/2022 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: California Renters Legal Advocacy and Education FundITHDT Investment, Inc. v. City of Huntington Beach; OCSC Case No.: 30-2020-01140855. City of Huntington Beach Page 1 of 1 Printed on 322/2022 powered A Lepi9ar'� 2000 Main Street, Huntington Bead.CA City of Huntington Beach 92648 File #: 22-273 MEETING DATE: 3/25/2022 PUBLIC EMPLOYEE APPOINTMENT (Gov. Code section 54957(bx1).)Title: City Manager. City of Huntington Beach Page t of t Primed on 3/2212022 p ixi di Legnu.^' Nss.r .1 2Z1 2000 Main Street, ��K_ o ' �. ' ' e Huntington Beach,CA ;:sFv�, 92648 _ __ City of Huntington Beach 9 ~� F��lINTY CP��F File #: 22-225 MEETING DATE: 3/15/2022 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Bottoms (Mark) v. City of Huntington Beach, et al.; OCSC Case No. 30-2021-01196342. City of Huntington Beach Page 1 of 1 Printed on 3/9/2022 powered/4 LegistarTM �0Tl 0 2000 Main Street, of r » ti�'%\ Huntington Beach,CA iti $ " ; 92648 k i : City of Huntington Beach ,,g Q ri woUUNTY'P\ File #: 22-226 MEETING DATE: 3/15/2022 CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION. Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9: Number of Cases: One (1) - Code Four. City of Huntington Beach Page 1 of 1 Printed on 3/9/2022 powered%LegistarM . ' 2000 Main Street, Huntington Beach,CA 92648 f 1 City of Huntington Beach File #: 22-167 MEETING DATE: 3/1/2022 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Bottoms (Mark) v. City of Huntington Beach, et al.; OCSC Case No. 30-2021-01196342. City of Huntington Beach Page 1 of 1 Printed on 2/242022 wo,erectt/Leais;aC- �'' �� 2000 Main Street, Huntington Beach,CA k. 92648 City of Huntington Beach , L h File #: 22-168 MEETING DATE: 3/1/2022 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Handrinos (Mathias) v. City of Huntington Beach, et al.; USDC Case No.: 8:20-cv-1206 FLA (DFMx). City of Huntington Beach Page 1 of 1 Printed on 2/24/2022 ooweretll2 LegistaCm 2000 Main Street, / Huntington Beach, CA 92648 City of Huntington Beach File #: 22-173 MEETING DATE: 3/1/2022 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: California Renters Legal Advocacy and Education Fund/THDT Investment, Inc. v. City of Huntington Beach; OCSC Case No.: 30-2020-01140855; Appellate Case No. G060842. City of Huntington Beach Page 1 of 1 Printed on 2/2 412 0 2 2 oowerect$ Legistar`° 2000 Main Street, �• Huntington Beach, CA 92648 E _ City of Huntington Beach File #: 22-174 MEETING DATE: 3/1/2022 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Californians for Homeownership, Inc. v. City of Huntington Beach; OCSC Case No. 30-2019-01107760; Count. of Appeal No. G060835. City of Huntington Beach Page 1 of t Printed on 2/24/2022 powerea'Li legistar7- _ 2000 Main Street, l� Huntington Beach, CA 92648 City of Huntington Beach File #: 22-177 MEETING DATE: 3/1/2022 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Emmer (Cynthia) v. City of Huntington Beach; OCSC Case No. 30-2020-01145487. City of Huntington Beach Page 1 of 1 Printed on 21242022 oov,eredI5 Legistar'" 2000 Main Street, / Huntington Beach,CA 92648 (_ ! City of Huntington Beach File #: 22-171 MEETING DATE: 3/1/2022 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Sean Joyce, Interim City Manager; also in attendance: Brittany Mello, Director of Administrative Services, regarding the following: Surf City Lifeguard Employees' Association (SCLEA) and Police Officers' Association (POA) City of Huntington Beach Page 1 of 1 Printed on 2/24/2022 Ko ereclr4 Legisiar• 2000 Main Street, Huntington Beach,CA r _ City of Huntington Beach 92648 File #: 22-129 MEETING DATE: 2/15/2022 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Sean Joyce, Interim City Manager. Employee Organizations: Non- Represented (Non-Associated) Employees (NA) City of Huntington Beach Page 1 of 7 Printed on 2/9/2022 p .efeat2 leg,s;ar0° 2000 Main Street, Huntington Beach, CA 5 92648 City of Huntington Beach File #: 22-130 MEETING DATE: 2/15/2022 CONFERENCE WITH LABOR NEGOTIATORS (Unrepresented Employee) Government Code section 54957.6. Title: City Manager, City Designated Representatives: Sean Joyce, Interim City Manager and Brittany Mello, Administrative Services Director City of Huntington Beach Page 1 of 1 Printed on 2/9/2022 oowereaA4 LepistarT" 2000 Main Street, Huntington Beach,CA 92648 ( _ City of Huntington Beach File #: 22-140 MEETING DATE: 2/15/2022 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Hernandez (Angela) v. City of Huntington Beach, et al., OCSC Case No. 30-2020-01137506 City of Huntington Beach Page 1 of 1 Printed on 2/9/2022 go erect4 Legis;ar'- 2000 Main Street, f ,4 Huntington Beach,CA City of Huntington Beach 92648 File #: 22-085 MEETING DATE: 2/1/2022 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Davis (Kesean Harvey) v. City of Huntington Beach, et al., USDC Case No.: 8:21-cv-01032-JVS (ADSx). City of Huntington Beach Page 1 of 1 Printed on 1/26/2022 Dowered:g Leors;ar`. 2000 Main Street, Huntington Beach, CA City of Huntington Beach 92648 File #: 22-095 MEETING DATE: 2/1/2022 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION. Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9: Number of cases, one (1) - Threat of Litigation re Oil Spill. City of Huntington Beach Page 1 of 1 Printed on 1/2 612 0 2 2 ao,.erecl0 Leg,SWT" Switzer, Donna From: Fikes, Cathy Sent: Friday, January 28, 2022 1:30 PM To: Agenda Alerts Subject: FW: Pacific Airshow Refunds Attachments: 20211003 Pacific Airshow Cancellation Update.pdf; 20211003 UPDATE_ Sunday's Airshow has been CANCELLED.pdf; 20211006- Pacific Airshow Ticket Update.pdf; 20220115_Re_ Pacific Airshow Ticket Update.pdf From: briansmith818@yahoo.com <briansmith818@yahoo.com> Sent: Monday, January 24, 2022 11:17 AM To: CITY COUNCIL<city.council@surfcity-hb.org> Subject: Pacific Airshow Refunds Dear Huntington Beach City Council, I write to you today to discuss a matter related to the tragic oil spill that occurred last October. While the oil spill was indeed a tragedy, I believe another matter is exacerbating the situation that is tarnishing the reputation of the City of Huntington Beach. As far as I am aware,there is nothing being done to provide refunds to those who purchased tickets for October 3rd to the Pacific Airshow. Looking at the social media feeds for the event,there are a lot of angry ticket holders who have been left in the dark and the event organizer has refused to respond. I have attempted to contact the organizer several times via multiple channels without any success. Despite the organizer sending out a message on October 6th that they are working on our behalf to"do the right thing", there has been zero communication since on the progress nor any updates about a refund. Attached and below are my attempts at reaching out as well as a timeline of events: October 3rd -Cancellation Notice October 3rd - Cancellation Update October 100 - Pacific Airshow Ticket Update November 3rd- I reached out, no response. November 7th - I again reached out via email and phone, no response November 14th- I again reached out, no response January 15th,2022 - Last time reaching out again without a response. I strongly urge the council to contact the organizer and have them issue prompt refunds to all ticket holders who were not able to anend the October 3rd event or at the very least, issue a statement. While I'm sure the airshow is a banner event for the city,the inaction from the organizer should make the council think twice about working with them again for future events. Thank you. Brian Smith SUPPLEMENI AL COMMUNICATION Brian Smith briansmith818.0 Nahoo.com Mee*v Date; ol/ Agenda Item No.' a oZ �SJ 1 -_ � ,- I'%T Yahoo Mail-Pacific Airshow Ca clla on Update Pacific Airshow Cancellation Update From: Pacific Airshow (info®pacificairshow.com) To: briansmlth8180yahoo.com Date: Sunday. October 3, 2021, 04:26 PM PDT View this email in your browser PACIFIC AIRSHOW TON SEACH CA USA Huntington Beach Officials Cancel Oct . Citing Pacific Airshow (Huntington Beach, CA) Oct 3, 2021 —The City of Huntington Beach has cancelled today's airshow citing an oil spill impacting coastal Orange County. This year marked Pacific Airshow's triumphant return after the 2020 pandemic. With all three North American jet teams - the U.S. Navy Blue Angels, the Canadian Forces Snowbirds and the U.S. Air Force Thunderbirds - performing in the same show for the first time in 20 years, Pacific Airshow assembled the largest line up of military and civilian performers of any airshow in U.S. history. The city's public safety officials confirmed that I _' 1/13/22.3:07 PM Yah«)Mail-Pacific Airshow-t'anctllahon 1'pdam 1.5 million people saw the show from Huntington Beach on Saturday alone, breaking every event attendance record in the city's history. "We recognize that today's cancellation devastates our loyal fans and supporters of all ages. We share in that devastation," said Kevin Elliott, Airshow Director of Pacific Airshow. "Our team has worked tirelessly to put on the best airshow in U.S. history for our fans and our community. I think everyone understands that this cancellation was completely beyond our control. We were all set for another record-breaking day when the call came in.,, Pacific Airshow partnered with Hulu to broadcast Saturday's show live to millions of Americans. The six-hour broadcast of the entire show is available now to watch on streaming online nere for Hulu subscribers and you can start a free 7-day Hulu trial here. "Our team is working through the challenges this cancellation presents and we will have more information soon. We appreciate the outpouring of support from the community and our fans," added Elliott. For information about the U.S. Coast Guard and City of Huntington Beach efforts regarding the oil spill, please visit the city website at www.huntingtonbeachca.gw. DOWNLOAD STATEMENT Copyright C 2021, Ali rights reserved Pacific Airshowp: 5252 Boisa Avenue Huntington Beach, CA 92649 Preferences I Unsubscribe 2n 1 _12 1 6 11)1 Yahoo Mail-UPDATE: Sunda)'s Airshow has been CANCFII.ED UPDATE: Sunday's Airshow has been CANCELLED From: Pacific Airshow (infoOpacificairshow.com) To: briansmith818Cyahoo.com Date: Sunday, October 3, 2021, 07:38 AM PDT view t^,s e,aJ your orowser "ZA PACIFIC AIRSHOW 61.1. C. uu SUNDAY AIRSHOW CANCELLED Due to an oil leak off of our coast. the City of Huntington Beach has made the decision to cancel the final day of the 2021 Pacific Airshow scheduled for Sunday, Oct 3rd. An additional statement will be made once more information becomes available. Signs have been posted at the beach and the parking lots are closed. We respectfully request that you not come to the beach. In the meantime, we ask that all Pacific Airshow patrons pass along news of the cancellation to their family and friends. Thank you for your support. Copyright 9 2021, All rights reserved. Pacific Airsti. 5252 Bolsa Avenue 12 1113122.3:05 PM Yahoo Mail-UPDATE,Sum*'s Aimbor hm b=CANCELLED ED Huntington Beach.CA 92649 Preferences I Unsubscribe 212 e 22. 1 u'I'M Yahoo Mail-Paafie Airshow Tieko Up"c Pacific Airshow Ticket Update From: Pacific Airshow(infoOpacificairshow.com) To: briansmith818®yahoo.com Date: Wednesday, October 6, 2021, 05:14 PM PDT View this Bmell in yWr brOwSEr �A PACIFIC AIRSHOW NUNTINGTON BEACH CA USA Dear Pacific Airshow patrons: We appreciate your patience as we work through the challenges presented by Sunday's cancellation. As you are aware, the City of Huntington Beach made the decision to cancel Sunday's edition of Pacific Airshow due to an oil spill off of the coast. This decision came as a shock to the entire team here at Pacific Airshow as we were ready to put on another record breaking day. Many of you have reached out regarding your tickets and what we're planning to do to make things right. At this time, we want you to know that we are trying to determine who is the responsible party for this disaster and ultimately work on your behalf to do the right thing. We want to be direct in stating that we do not have a resolution or a timeline on a resolution worked out just yet. Please bear with us as we work through the details of who will bear responsibility for this unfortunate situation. As soon as we have more information to share or an update on what you can expect regarding your tickets, we will pass the information along. Best, Kevin Elliott Airshow Director 1/13/22.3:07 PM Yahoo Mail-Pacific Airshow Ticket Update Copyright©2021,Alf rights reserved. Pacific Airshow: 5252 Bolsa Avenue Huntington Beach, CA 92649 Preferences I Unsubscribe 212 1/24122.11:08 AM Yahoo Mail-Re:Pacific Airshow Tickct Update Re: Pacific Airshow Ticket Update From: briansmith8180yahoo.com (briansmith818®yahoo.com) To: tickets@pacificairshow.com; infoOpacificairshow.com Date: Saturday, January 15, 2022, 08:38 AM PST Hi Kevin, I wanted to follow up again to see if and when you believe those who purchased tickets for the cancelled airshow on Sunday, October 3rd would receive a refund. I purchased 4 tickets with a total cost of$107.19. There has been no update since your last communication on October 6th, 2021 and looking at various social media feeds, many people are wondering what's going on. In your message below, you mention that you're working 'on your behalf to do the right thing' and the right thing in this case would be to issue a prompt refund to all those patrons who were not able to attend. I look forward to your response. Thank you, Brian --------------- Brian Smith briansm ith8180yahoo.com On Sunday, November 14, 2021, 10:27:34 PM PST, Brian Smith <briansmith818@yahoo.com> wrote: Hi There, I've tried reaching out several times without any response re: a refund. Can you please advise? If I don't receive a response, unfortunately I'll have to file a complaint and have the charge reversed with my credit card company. Thank you, Brian I Brian Smith On Nov 7, 2021, at 5:51 PM, Brian Smith <briansmith8180yahoo.com> wrote: Hi Kevin, I'm following up again on the below request for a refund since the show was cancelled. Thank you, Brian 1 r; 1 422, 11 08 AM Yahoo Mail-Re. Pacific Airshow Ticket Update Brian Smith briansmith818 yahoo.com On Nov 3, 2021, at 11:56 AM, briansmith8180yahoo.com wrote: Hi There. I wanted to follow up re: a refund as we were not able to attend Sunday's arshow due to the cancellation. Do you know how/when we can receive a refund for our tickets? Thank you. Brian --------------- Brian Smith b rians m it h8180yahoo.com On Wednesday, October 6, 2021, 05:14:56 PM PDT. Pacific Airshow <infoOpacificairshow.com> wrote: View this email in your browser �A PACIFIC AIRSHOW 'UNT'NaTOM eFACM U ..n- Dear Pacific Airshow patrons: We appreciate your patience as we work through the challenges presented by Sunday's cancellation. As you are aware, the City of Huntington Beach made the decision to cancel Sunday's edition of Pacific Airshow due to an oil spill off of the coast. This decision came as a shock to the entire team here at Pacific Airshow as we were ready to put on another record breaking day. Many of you have reached out regarding your tickets and what we're planning to do to make things right. At this time, we want you to know that we are trying to determine who is the responsible party for this disaster and ultimately work on your behalf to do the right thing. We want to be direct in stating that we do not have a resolution or a timeline on a resolution worked out just yet. Please bear with us as we work through the details of who will bear responsibility for this unfortunate situation. As soon as we have more information to share or an update on what 1/24/22. 11:09 AM Yah x,Nvl -Rc 1 enli.A,mh,,. Fctn 1'1xlalr you can expect regarding your tickets, we will pass the information along. Best, Kevin Elliott Airshow Director Copynght 0 2021,All rights reserved Pacific Alrahowt': 5252 Bolsa Avenue Huntington Beach, CA 92659 PSSIffiffiCe4 I Unsubsciri 341 Switzer, Donna From: Fikes, Cathy Sent: Friday, January 28, 2022 1:43 PM To: Agenda Alerts Subject: The Path Proposal From: Gary Tarkington <garytarkingtonCa)msn.com> Sent: Monday,January 24, 2022 8:56 AM To: CITY COUNCIL<city.coundI(cDsurfcay-hb.org> Subject:The Path Proposal Importance: High Rather than focusing on the downsides to the residents in the area, which is a rather small f nite group, I encourage you and everyone to focus on the paths already in existence, and the huge costs of this proposed project in terms of environmental feasibility, creating a path and then all the maintenance and security costs. If the city council members see what a liability it would actually be, they'll gladly ditch it. If it's about trying to secure their favoritism for the residents of the area, they may cling to the concept. Tell them some (much more worthy) uses of the money they'll save by not moving forward with the project. (Bad enough they already wasted money on it at all.) Huntington Beach City Council, This is in regards to the proposed "path"you have proposed. This is an awful idea on many levels. For right now I will concentrate on a very specific one. This is the outlandish cost of such an undertaking. There is environmental feasibility, the creation of a path and it's cost, AND the upkeep/patrolling. This could be a huge LIBALITYfor Huntington Beach! This is a horrible idea on so many levels and should be discarded now! Thank you. Ann Tarkington Huntington Beach t 2000 Main Street, �• Huntington Beach,CA City of Huntington Beach 92646 File #: 22-088 MEETING DATE: 2/1/2022 Pursuant to Government Code § 54957.6, the City Council shall recess into Closed Session to meet with its designated labor negotiator: Sean Joyce, Interim City Manager; also in attendance: Brittany Mello, Director of Administrative Services, regarding the following: Non- Represented (Non-Associated) Employees (NA). City of Huntington Beach Page 1 of 1 Printed on 1/2 612 0 2 2 ooweredtl/Legistar" 2000 Main Street, Huntington Beach,CA 92648 City of Huntington Beach File #: 22-037 MEETING DATE: 1/18/2022 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Hernandez (Angela) v. City of Huntington Beach, et al., OCSC Case No. 30-2020-01137506. City of Huntington Beach Page 1 of 1 Printed on 111212022 powered A Legistar" 2000 Main Street, Huntington Beach,CA 92648 City of Huntington Beach File #: 22-038 MEETING DATE: 1/18/2022 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Emmer (Cynthia) v. City of Huntington Beach, OCSC Case No. 30-2020-01145487. City of Huntington Beach Page 1 of 1 Printed on 1/1 212 0 2 2 Powered 1,9 Legistar" 2000 Main Street, Huntington Beach, CA 9264E (_ City of Huntington Beach File #: 22-049 MEETING DATE: 1/18/2022 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION. Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9: Litigation threatened in December 21, 2021 letter from Cole/Huber, LLP. City of Huntington Beach Page 1 of 1 Printed on 1/122022 o Aerecld Legis;arT' —� 2000 Main Street, Huntington Beach,CA City of Huntington Beach 92648 File #: 22-058 MEETING DATE: 1/18/2022 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Malaszewski (Aaron) v. City of Huntington Beach, et al., OCSC Case No.: 30-2021-01206676. City of Huntington Beach Page 1 of 1 Printed on 1/14/2022 pox ed Dy Legigar- SUPPLEMENTAL r-,4tCOLE HUBERLLP COMMUNICATION YEA R S A T T O R N E Y S Mea%% Data: l / �& Agenda %m No.• — 1 Derek P.Cole REPLY tn: dcole(qcolehu her.cum 0Rosevuu ❑ONTAM January 3, 2022 VIA E-MAIL AND U.S. MAIL Sean Joyce Craig A. Steele, Esq. Interim City Manager Richard Watson Gershon City of Huntington Beach 350 South Grand Avenue 2000 Main Street 37th Floor Huntington Beach, CA 92648 Los Angeles, CA 90071 E-Mail: sean.joyce@surfcity-hb.org E-Mail: csteele@rwglaw.com Re: Demand for Termination of All Work on Purported Audit of City Attorney Michael Gates Dear Messrs. Joyce and Steele: This office represents Michael Gates, the elected Huntington Beach City Attorney. We write because we understand, based on conversations with former City Manager Oliver Chi, a written report may be forthcoming documenting an "audit" Mr. Steele is performing concerning a recent lawsuit against the City Attorney's Office. As to the subjects of this audit, we are advised that the City Council has been meeting in closed session and engaging in other communications with Mr. Steele in violation of the Ralph M. Brown Act and the City Charter. By this letter, we request that all work on the audit immediately cease and that all other necessary actions be taken to discontinue the Charter and Brown Act violations. Issuance of any report concerning the audit would only serve to perpetuate the violations that have already occurred. Overall, we ask that all Charter and legal violations immediately end, so no further harm is done to the City's interests. The meetings and communications to which we refer involve an alleged audit of certain matters Mr. Gates has handled or has been involved in as City Attorney. We understand Mr. Steele and his law firm may be undertaking, among other things, a review of Mr. Gates' actions related to a recent age-discrimination lawsuit involving the City Attorney's Office. We also understand Mr. Steele may have given advice related to the recent"H item"the City Council considered during its December 21, 2021 meeting, along with communications by Mr. Gates and this office related to that item (Agenda Item 2021-1089). As we explain, any communications about these matters between Mr. Steele and the City Council (or any individual councilmembers or City employee) is unlawful, and must immediately be discontinued. As a starting point, under the City Charter, Mr. Steele and his law firm cannot enter into any agreement for legal services that is not subject to City Attorney direction or supervision. I have thoroughly addressed the City Charter provisions concerning contracting for legal services Northern Colvlorn-n Southern CalAornra ADVANCING YOUR AGENDA 2281 taw Rk*a Court,Suite 300 3401 Cen"lake Dr..Suite 670 000810631 Roseville,CA 95661 Ontario,CA 91761 Phone:916.780.9009 Phone.909.230.4209 Fax:916 780,9050 Fox: 909.937.2034 Sean Joyce Craig A. Steele, Esq. January 3, 2022 Page 2 in a December 21, 2021 letter to the City Council concerning the recent proposed "H item." I incorporate that discussion by reference here. (See Attachment A.) While audits of actions taken by the City Attorney's Office may be permissible under limited and appropriate circumstances, they still must be initiated through the City Attorney's Office, which did not happen here. The Council may not simply bypass the City Attorney's Office and contract directly with outside legal counsel, as we understand the Council has done with Mr. Steele and his firm. We also understand that Mr. Steele's services may have been retained because of a perceived conflict of interest Mr. Gates was believed to have with the subjects of the audit. An alleged conflict of interest, however, furnishes no basis from altogether excluding the City Attorney's Office from its supervisorial role over City legal services. To the extent Mr. Gates himself had any actual or potential conflict of interest, an ethical wall could have been created between him and the other office attorneys. This is a common practice in in-house municipal legal offices. (See, C.E.B., California Municipal Law Handbook, § 2.187 [2021 ed.].) And, even when retention of outside counsel is still warranted after an ethical wall is created, at least one attorney in the City Attorney's Office—such as the Assistant City Attomey—should be responsible for reviewing outside counsel's agreement and ensuring such counsel's services are performed timely and competently. Yet here, with the exception of the age-discrimination litigation—in which Mr. Gates was a defendant—we are unaware of any actual or potential conflict of interest that could justify Mr. Gates' wholesale exclusion. It appears that members of the City Council believe that a conflict of interest exists whenever they disagree with an opinion of or action Mr. Gates takes. But conflicts of interest, as legally understood, are defined by the California Rules of Professional Conduct. In the context of municipal attorney-client relationships, Rules 1.7, 1.9, 1.11, and 1.13 are the provisions that principally govem. We are aware of no basis under these rules by which Mr. Gates could be excluded from any discussions concerning matters unrelated to the age- discrimination lawsuit. We also note that discussions concerning any and all subjects encompassed by the audit have improperly occurred in violation of the Brown Act. We understand that the audit subjects have been discussed in closed session at City Council meetings held on July 20, 2021, November 2, 2021, December 7,2021, and December 21, 2021, under the exception for exposure to anticipated litigation. A closed-session discussion is, however, appropriate under this exception only when: "A point has been reached where, in the opinion of the legislative body of the local agency on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the local agency"(Gov. Code, § 54956.9(d)(2), emphasis added.) Nora eri -'afdom.0 R,n,@,em CQldorn,o ADVANCING YOUR AGENDA 22e1 lava Rtcl5e Court.Suite 300 3401 Centreloke Dr.,Suite 670 OM3063 I RosevNe.CA 95661 Ontario,CA 91761 Phone:916.7K9009 Phone: 909.230.4209 Fax:916 7a0.9050 Fax 909.931.2034 Sean Joyce Craig A. Steele, Esq. January 3, 2022 Page 3 Under this Brown Act provision, a City Council cannot meet in closed session to discuss anticipated litigation without advice from its City Attorney that"existing facts and circumstances"'justify the discussion. To this end, Mr. Gates has never advised the Council that potential litigation could be anticipated for any subjects of the audit. Nor is he aware of any basis to conclude that any one of the statutorily defined facts or circumstances exist. There accordingly has never been any basis for the Council to convene in closed session to discuss any subjects the audit encompasses. In short, the City Council has no basis to be considering the purported audit, and Mr. Steele and his office have no basis to be performing the audit. As we explained in our December 21, 2021 letter, municipal contracting must carefully follow the requirements of a city's charter and ordinances. Here, legal advice has been given entirely outside the City Attorney's direction or supervision, by legal counsel who has not properly established an attorney-client relationship with the City Council, and who is allowing closed-session discussions to occur in plain violation of the Brown Act. These actions flout basic and well understood municipal-law requirements. Because the purported audit was never properly initiated under the City Charter, and because there has never been a lawful basis for the Council and Mr. Steele to be discuss the audit subjects in any event, Mr. Gates makes the following demands: 1. All work on the audit be immediately stopped, and no further work on the audit be undertaken, including the preparation of or finalization of any written report; 2. No further closed session meetings, under the anticipated litigation exception or otherwise, be placed on any City Council agenda concerning the subjects of the audit; 3. Mr. Steele and members of his law firm refrain from having any discussion with any councilmember or group of councilmembers, in writing or orally, about the subjects related to the audit; and 4. All records related to the audit be provided to Mr. Gates as requested in the CPRA request attached as Attachment B to this letter. We note that, because Mr. Steele and his law firm did not properly enter into any agreement for this audit under the City Charter, they cannot lawfully claim attorney-client privilege over any communications with the City Council or any individual councilmembers concerning the subjects of the audit. The Brown Act identifies five situations in which such facts and circumstances exist. (See, Gov. Code, § 54956.9(ex1){5).) Northern Caldom,a Southern (;aldormo ADVANCING YOUR AGENDA 2281 tovo Rage Coon,suite 300 3401 Centreloke Dr..Suite 610 00081063 1 Roseville.CA 95661 Ontotlo.CA 91761 Phone: 916.780.9009 Phone:909.230.4209 Fox:916,780,9050 Fox: 909.937.2034 Sean Joyce Craig A. Steele, Esq. January 3, 2022 Page 4 We will expect a prompt written confirmation that all the requested actions will be taken, such that further action on Mr. Gates's part will not be necessary. Should you have any questions in advance of providing that confirmation, please do not hesitate to contact me by telephone (direct line: 916.787.6520) or email (dcole@colehuber.com.) Sincerely, Derek P. Cole COLE HUBER LLP DPC/kgm Attachments (A&B) cc: Michael Gates, City Attorney Mayor and Members of the City Council (via electronic delivery only to city.counci l@surfcity-hb.org) Robin Estanislau, City Clerk „�:rn c,,, uinonua ADVANCING YOUR AGENDA zze i lava R age c« t,sane 300 3�01 Canlrelake a., SuBe 67e ax Rosevie.CA 95"1 Ontcrio, CA 91761 Phone:916.780.9009 Phone:909.230.4209 Fax:916.780.9050 Fax:909.937.2034 ATTACHMENT A �"COLE I HUBERLLP " "• ° ' T O R N E Y S Derek P. ( ode REr)v roe deolern)eolehuher.).nm 0Rosrviu ❑OWARR) December 21, 2021 VIA ELECTRONIC DELIVERY C ITV.COUNCI L40SU RFCITV-HB.ORG Mayor Barbara Delgleize and Members of the City Council City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Re. Regular Meeting of the Huntington Beach City Council December 21, 2021 Agenda, Item 21-1008 Comments of City Attorney Michael Gates Dear Mayor Delgleize and Members of the City Council: This Office represents Michael Gates, the elected Huntington Beach City Attorney. regarding Item 21-1008 on the City Council's December 21, 2021 meeting agenda. For reasons we explain within, we write to advise the Council that this proposed item would be unlawful if approved, and we demand that the Council refrain from taking the proposed action. Agenda Item 21-1008 is a proposal by Mayor Delgleize, Mayor Pro Tem Posey, and Councilmember Kalmick. It calls for City staff to "engage in a process to facilitate City Council selection of an outside legal firm that would directly report to and support the City Council." If the item is approved, the Council would direct the City Manager to take the actions necessary to retain a law firm to provide legal advice and representation outside the City Attorney's supervision. Under both the City Charter and California law, the retention of any outside law firm for these purposes is beyond the Council's authority, and would be unlawful. Before outlining the reasons why the Council must refrain from taking the proposed action, we note we are well positioned to opine on Item 21-1008. Our law firm specializes in representation of municipal clients. Like other private law firms, we serve as contract city attorney to a number of cities and as special or litigation counsel to several cities. Because of our representation of municipal clients, we are very familiar with the unique nature of the attorney-client relationship in municipal settings. In particular, we understand that any contract not made in conformance with a city charter or applicable law is void. (Domar Electric, Inc. v. City of Los Angeles (1994)9 CalAth 161. 171.) Like all municipal law firms, we are scrupulous about respecting a city's contracting requirements and procedures because we know that our failure to abide by these could render our agreements unenforceable. (Katsura v. City ojSan Buenaventura (2007) 155 Cal.App.4th 104, 109.) ADVANCING YOUR AGENDA 2281 taw Ridge Cart, Suite 300 3401 Centreake Dr Suite 670 Rosevile,CA 95661 Ontario.CA 91761 Phone:916.780.9009 Phone:909.230.4209 Fax:916.790.9050 Fox:909.937.2034 Mayor Delgleize and Members of the City Council December 21, 2021 Page 2 Consistent with these limitations on municipal contracting, it is our opinion that no law firm could lawfully enter into any agreement with the City Council under the terms and conditions Item 21-1008 proposes. To be sure, there is no dispute the City Attorney may retain outside legal counsel for a variety of purposes, as the City Attorney has historically done. Cities of all sizes regularly retain attorneys to perform specialized services in areas such as litigation, land use, environmental law, public contracting, and employment law. Even in cities with large in-house city-attorney offices, the complexities and demands of these and other unique areas of law often require the retention of specialists that can only be found in private law firms. But while state law affirms the practice of retaining outside legal counsel when circumstances dictate (Gov. Code, § 37103), courts have made clear that such counsel may never be retained to replace or duplicate the work performed by in-house city attorneys. (Rafael v. Boyle(1916) 31 Cal.App. 623, 626; Denman v. Webster(1903) 139 Cal. 452, 456.) California law makes plain that when a city charter creates and enumerates the powers of city offices, a city council may not contract with private parties to perform those officers' duties. (Hubbard v. City of San Diego (1976) 55 Cal.App.3d 380, 388.) Here, the powers of your City Attorney are clearly enumerated in Section 309 of your Charter. This section vests the exclusive power in the City Attorney to do the following: "(a) Represent and advise the City Council and all City officers in all matters of law pertaining to their offices. (b) Prosecute on behalf of the people any or all criminal cases arising from violation of the provisions of this Charter or of City ordinances and such state misdemeanors as the City has the power to prosecute, unless otherwise provided by the City Council. (c) Represent and appear for the City in any or all actions or proceedings in which the City is concerned or is a party, and represent and appear for any City officer or employee, or former City officer or employee, in any or al civil actions or proceedings in which such officer or employee is concerned or is a party for any act arising out of their employment or by reason of their official capacity. (d) Attend all regular meetings of the City Council, unless excused, and give their advice or opinion orally or in writing whenever requested to do so by the City Council or by any of the boards or officers of the City. (e) Approve in writing the form of all contracts made by and all bonds and insurance given to the City. ADVANCING YOUR AGENDA 2281 Lava Ridge court.Suite 300 Sal centrelake a..Suite 670 uW82877 3 Roseville.CA 95661 Ontario,CA 91761 Phone:916.780.9009 Phone:909.230.4209 Fox 916.780.9050 Fax:909.937.2034 Mayor Delgleize and Members of the City Council December 21, 2021 Page 3 (f) Prepare any and all proposed ordinances and City Council resolutions and amendments thereto." (Emphasis added.) Charter Section 309 is unambiguous in assigning the responsibility for all essential municipal legal services to your City Attorney.1 Critically, the section uses mandatory language—"The City Attorney 5•halr'—in describing the duties to "represent and advise" the Council in "all" matters; prosecute "any and all" code-enforcement cases; "represent and appear" in all "actions or proceedings;" attend "all" regular Council meetings; approve the form of"all" contracts; and prepare "any and all" ordinances and resolutions. Also of note. Section 309 takes care to grant the City Attorney all necessary implied powers for carrying out these responsibilities. Subsection (h) of the section specifies the City Attorney must "[plerfotm such legal functions and duties incident to the execution of the foregoing powers as may be necessary." In short, the Charter vests authority over all legal services—express and implied— in your City Attorney. Because of its comprehensive language, Section 309's command is clear: the City Attorney must be responsible for all legal services provided to the City. Legal services can, of course, be performed by subordinates in the City Attorney's office or, when appropriate, by outside counsel. But to cant' out his or her duties under the City Charter, the City Attorney must be responsible for supervising subordinates or outside counsel in whatever tasks they are assigned. Necessarily, the City Attorney cannot execute his or her ultimate responsibility over "all" City legal matters if he or she cannot supervise or direct other attorneys working on City matters. We understand that the Councilmembers proposing Item 21-1008 believe Charter Section 304(b) provides authority to retain legal counsel independent of City Attorney supervision. But this is a clear misinterpretation of the subsection, which merely authorizes retention of outside legal counsel. In this regard, the subsection states: .. The City Council shall have control of all legal business and proceedings and all property of the legal department, and may employ other attorneys to take charge of or may contract for any prosecution, litigation or other legal matter or business." The language the Councilmembers rely on, the second clause of this sentence, simply authorizes the City Council to retain outside attorneys for"prosecution." "litigation." or "other" specialized legal matters. This language recognizes that, as the ultimate organizational decision-maker for the City, the City Council may retain attorneys in private practice when necessary or convenient for City purposes. But this language cannot be read to supplant or usurp the City Attomey's role in supervising or controlling any counsel the Council retains. I Your Charter is consistent with general state law in this regard. As Government Code section 41801 provides, "[t]he city attorney shall advise the city officials in u// legal matters pertaining to city business." (Emphasis added.) ADVANCING YOUR AGENDA 22e1 taw Ridge Court.site 300 3401 Centreloke Dr.Suite 670 Roseville,CA 95661 Ontario.CA 91761 Phone:916.780.9009 Phone:909.230.4209 Fox:916.780.9050 Fox:909,937.2034 Mayor Delgleize and Members of the City Council December 21, 2021 Page 4 Municipal charters are subject to the same rules that California courts have developed for interpreting statutes. (Onto v. City of Fresno (1982) 136 Cal.App.3d 460, 465; Castaneda v. Holcomb (1981) 114 Cal.App.3d 939,942.) Charters are to be interpreted according to their plain meaning. (Squire v. City and County of San Francisco(1970) 12 Cal.App.3d 974, 980.) They must be read as a whole, such that all charter provisions are given effect, and none is nullified or rendered meaningless. (Don't Cell Our Parks v. City of San Diego (2018) 21 Cal.App.5th 338, 349.) Under these rules of interpretation, Charter Sections 304 and 309 must be read together such that they are harmonized. Because Section 309 states that the City Attorney shall "represent and advise the City Council and all City officers in all matters," and is responsible for all matters related to litigation, contracts,ordinances, resolutions, and the like, Section 309 must be read in conjunction with the Council's authority under Section 304. Although Section 304 affirms the Council's right to retain counsel, this right must be interpreted to only authorize the hiring of attorneys, who upon retention become subject to the City Attorney's direction. Section 304 cannot be read to allow the Council to retain legal counsel who act independently of the City Attorney. Such an interpretation would nullify the plain language of Section 309, which vests in the City Attorney the power to supervise all City legal matters. Put more simply, Section 304 does not allow the City Council to hire its own attorney to act entirely outside City Attorney supervision. The Council cannot create its own "shadow" city attorney simply because it disagrees with his advice or the acts he has taken. In interpreting municipal charters, courts ultimately look to the voters' intent. (International Federation of Professional& Technical Engineers, AFL-CIO v. City of San Francisco(1999) 76 Cal.AppAth 213, 224.) Surely City voters did not intend for their city's legal services to be provided by dual layers of legal counsel, each serving the same City Council, but each acting separately—and no doubt in conflict—with each other. It is inconceivable City voters intended to sow the seeds of such organizational disunity in approving their City Charter. The Charter has, moreover,already received relevant—and dispositive- court interpretation. In a 1981 decision,the Fourth District Court of Appeals, in an unpublished opinion, considered the appeal of a former deputy city attorney whose employment had been terminated. (O'Connor v. Hutton(4th Dist. Ct. App. 1961)4 Civ. No. 24536.) The then City Attorney had terminated the appellant's employment for insubordination after the deputy had met privately with a city council member and refused to disclose his communication. In upholding the appellant's dismissal, the court explained: "In exercising client control over the City's legal business, the city council has power to hire other attorneys, but this power is limited by the city attorney'spower over City legal affairs and the C'ity's legal department under City Charter section 309 and City personnel rule 4-4. ... Deputy city attorneys hired by the City work under the city attorney's supervision and have no independent authority to represent and advise the City; they may act only through the city attorney." (Op. at p. 5, emphasis added.) ADVANCING YOUR AGENDA 22e1 Lava Rage Court. suite 300 3401 Cenlrelake Dr.. Suite 670 _ Roseville,CA 95661 Ontario.CA 91761 Phone:916.780.9009 Phone:909.230.4209 Fox:916.780.9050 Fox:909.937.2034 Mayor Delgleize and Members of the City Council December 21, 2021 Page 5 This appellate decision confirms that the City Council has no authority to divest or abridge the City Attorney's authority over City legal services. Under Charter Section 309,the City Attorney must always take charge of the City "legal department." This requires that all attorneys who provide legal services to the City—whether as subordinate attorneys in the City Attorney Office or outside counsel—do so under his or her supervision. In sum, for the reasons described above, we demand that the City Council refrain from approving or otherwise acting on Item 21-1008. The retention of an outside law firm not subject to City Attorney direction would manifestly violate Charter Section 309. We trust that the Council will recognize the error in proceeding as proposed when it considers the proposed item. However, should the Council proceed as proposed, City Attorney Gates advises he will be required to seek immediate judicial relief to protect the integrity of his Office. We hope the Council will act reasonably and responsibly so that litigation is unnecessary. Sincerely, 1�,- — Derek P. Cole COLE HUBER LLP ADVANCING YOUR AGENDA 2261 Lava Ridge Court.Suite 300 3401 Centrelake Dr..Suite 670 Roseville.CA 95661 Ontado.CA 91761 Phone:916.780.9009 Phone:909.230.4209 Fox:916.780.9050 Fax:909.937.2034 ATTACHMENT B REQUEST FOR RECORDS UNDER THE CALIFORNIA PUBLIC RECORDS ACT Pursuant to the California Public Records Act, Cole Huber LLP, on behalf of City Attorney Michael Gates, requests to receive copies of all documents in the City of Huntington Beach's and Craig Steele/Richards Watson Gershon's possession regarding the following categories of records: 1. A copy of any legal services agreement (or amendment or addendum to any previous agreement) between the City of Huntington Beach ("City") and the law firm of Richards Watson Gerson ("Law Firm") related to any audit of the legal services performed by City Attorney Michael Gates or the City Attorney's Office ("Audit Services"). 2. Copies of all billing records, invoices,and other financial records associated with any payment to Law Firm for Audit Services. 3. Copies of all correspondence, writings, and memoranda provided by Law Firm, or any member of Law Firm, to the entire City Council related to the Audit Services. 4. Copies of all correspondence, writings, and memoranda provided by Law Firm, or any member of Law Firm, to any employee of the City, including but not limited to former City Manager Oliver Chi, related to the Audit Services. 5. Any correspondence—including emails(on city or personal accounts) and text messages—regarding the Audit Services between Law Finn, or any member of Law Firm, and the following members of the City Council: A. Mayor Delgleize B. Mayor Pro Tem Posey C. Councilmember Carr D. Councilmember Peterson E. Councilmember Kalmick F. Councilmember Moser G. Councilmember Bolton b. Any correspondence—including emails (on city or personal accounts) and text messages—regarding the Audit Services between any member of the City Council and former City Manager Oliver Chi. Please contact this office promptly to confirm your receipt of this request. Please also contact this office to make arrangements for inspection or delivery of the above documents in accordance with any public records policy the City has adopted. Our office is prepared to promptly make payments for any duplication fees established per City policy.