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Approve and Adopt Resolution No. 2025-08 - Appointing Chief
uwiiNGTo 2000 Main Street, Huntington Beach,CA ' City of Huntington Beach 92648 -.�4 oQ4 APPROVED 7-0 File #: 25-110 MEETING DATE: 2/18/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Michael E. Gates, City Attorney VIA: Travis K. Hopkins, Acting City Manager PREPARED BY: Jennifer Carey, Deputy City Manager Subject: Recommendation to Approve and Adopt Resolution No. 2025-08 Appointing Chief Assistant City Attorney Michael J. Vigliotta to the Position of City Attorney for the City of Huntington Beach Statement of Issue: Michael E. Gates will be resigning from his position as City Attorney for the City of Huntington Beach to accept a position with the United States Department of Justice. Per Section 312 of the City Charter, a vacancy in an office designated as elective by the City Charter shall be filled by appointment by the City Council. The City Council is requested to appoint Chief Assistant City Attorney Michael J. Vigliotta to the position of City Attorney upon Michael E. Gates vacating the office of City Attorney. Financial Impact: Some salary cost savings will be realized. The City Attorney position is funded in the current fiscal year budget. Recommended Action: A) Appoint Chief Assistant City Attorney Michael J. Vigliotta to the position of City Attorney for the City of Huntington Beach; and, B) Approve and adopt Resolution No. 2025-08, "A Resolution of the City Council of the City of Huntington Beach Setting the Salary Rate and Assigning Certain Benefits for the Appointed City Attorney." Alternative Action(s): Do not approve, and direct staff accordingly. Analysis: Huntington Beach City Attorney Michael E. Gates has announced that he will be resigning from his City of Huntington Beach Page 1 of 2 Printed on 2/13/2025 powered by Legistar" 419 File#: 25-110 MEETING DATE: 2/18/2025 position to accept a position with the United States Department of Justice. In the instance of an elected official vacating their position, Section 312 of the City Charter states that the position shall be filled by appointment by the City Council. The City Council is requested to appoint Chief Assistant City Attorney Michael J. Vigliotta to the position of City Attorney upon Michael E. Gates vacating the office of City Attorney. Michael J. Vigliotta served the City of Huntington Beach as Chief Assistant City Attorney for nearly two decades. During his tenure with Huntington Beach, Mr. Vigliotta has been involved in countless challenging and high-profile projects relating to State housing mandates, land use, and labor negotiations. He has also held the position of City Attorney for the City of Orange. Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Non Applicable -Administrative Item Attachment(s): 1. Resolution No. 2025-08, "A Resolution of the City Council of the City of Huntington Beach Setting the Salary Rate and Assigning Certain Benefits for the Appointed City Attorney." City of Huntington Beach Page 2 of 2 Printed on 2/13/2025 powered by Leg istarTM 420 RESOLUTION NO. 2025-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SETTING THE SALARY RATE AND ASSIGNING CERTAIN BENEFITS FOR THE APPOINTED CITY ATTORNEY WHEREAS, the City Council of Huntington Beach desires to assign a salary rate and certain benefits for the Appointed City Attorney; and NOW, THEREFORE,the City Council of the City of Huntington Beach does hereby resolve as follows: SECTION 1. The salary of the appointed City Attorney as reflected in the salary range contained in the Non-Associated Elected Executive Management Salary Schedule"Exhibit B", attached hereto and incorporated herewith shall be set at the NA0016 rate of$135.00 per hour. SECTION 2. The City Attorney's.salary automatically increases at 3% annually, not to exceed the Pay Grade High Point. SECTION 3. All other allowances and benefits will immediately match, continue to follow, and be updated according to agreed-upon Non-Associated Resolution modifications. SECTION 4. All other benefits and salary ranges established and reflected in the Non- Associated Employees Pay and Benefits Resolution in effect, shall continue unless modified by City Council action. SECTION 5. Any existing provisions in conflict with the foregoing, whether by minute action or Resolution of the City Council, are hereby repealed. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 18th day of February,2025. /447e/14.0.0.-- Mayor REVIEWED AND APPROVED: APPROVED AS TO FORM: C Acting City Manage City Attorney 25-15972/369017 Resolution No. 2025-08 EXHIBIT B Exhibit "B" NON-ASSOCIATED ELECTED EXECUTIVE MANAGEMENT SALARY SCHEDULE v.:d3" , . ., „a,,} arcrr .a ax✓' a b A.a"' —11; I x:vY' x z :4 q,,1 l �'� ,;y 1 q,., k4f a rF r 6.,/�x„r.�(* iq f t a s .,t,�'� lt�.,�,3va. ads(... ��3 a.. ���,i: +��.-';1 . ,..�: b ' ,'�.,r,_ kr,, )rx �ul��t it��*-' �� `;:.�I++ �.rf �r "� r r t 'a�14r{f0 t.k�v d , t i'ES-r}k_ 3,` pr `?,}ax},.{:y l .7:.sdaS''1 e r n i7 a .�Of�AYD s e5���i� { ¢ r f '�pk qa f"r]t ., i st E} y pf` t ,e.,.. a»� { "� rr'�` i itF t .yi �FTt 7:Ci IArk 32-tA rq?. .Ly :YV �, 4 'S Itit rtbA m.xv ?,f...,HY3r'�"-�'saFr_1.t�r...t& ..*b,.�r.,z�},,.*bR.rs�.r�.i�,r:}irak NP� ,. ELECTED OFFICIALS Effective April 1, 2023* 0017 City Clerk NA0017 69.94 77.85 86.66 0018 City Treasurer-THREE-QUARTER NA0018 69.94 77.85 86.66 TIME ELECTED OFFICIALS-CITY ATTORNEY Effective July 1, 2024** 0016 City Attorney NA0016 100.18 127.40 148.53 • *Per Resolution No. 2023-10 adopted on 3/21/23. **Per Resolution No. 2022-82 adopted on 12/20/22. Res. No. 2025-08 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, LISA LANE BARNES, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a Regular meeting thereof held on February 18, 2025 by the following vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Strickland, Williams NOES: None ABSENT: None ABSTAIN: None Xifatote rn¢e� City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Moore, Tania From: K Carroll <kcrissie7@gmail.com> Sent: Tuesday, February 18, 2025 10:47 AM To: city.council@surfcity-hb.com; supplementalcomm@surfcity-hb.org Subject: CC Mtg. Items 2/18/2025 Greetings Mayor Pat Burns, Pro Tern Casey McKeon, Council Women Gracey Van Der Mark, Councilmen Don Kennedy, Butch Twining and Chad Williams. I would like to provide brief feedback on the following Items and apologize for my tardiness. but, wanted to assure you that you do have a majority that do support you. You should all have a plaque in your office or even just a sticky easily visible reflecting your number of votes and the number of people who protest your decisions; many, who are repeaters or, in some cases, self serving. 25-102 Approve the Design of a Plaque Celebrating the Huntington Beach Public Library's 50th Anniversary as Recommended by the Community&Library Services Commission Beautiful plaque and well worth the price. Thank you! 25-110 Recommendation to Approve and Adopt Resolution No. 2025-08 Appointing Chief Assistant City Attorney Michael J.Vigliotta to the Position of City Attorney for the City of Huntington Beach Great choice. Proven track record. Recommended by Gates who I know has high expectations. No BS or personal agenda, dedicated to HB, matched expertise and you know what you are getting. 25-017 Approve and authorize the execution of a License Agreement between the City of Huntington Beach and Flowers of the Sky Entertainment,LLC,for the management and operation of the Symphony of Flowers at Huntington Central Park East located at 18381 Goldenwest Street. Absolutely support. We do need to bring in revenue and I know some businesses' will benefit as well. It will be the least disruptive. Only 2% of Central Park and I do not believe it will disrupt the wildlife. I was sold on it bc of the Thursday and wknd days of operation and hours dusk to later in the evening. Most adults that go to these events are not partiers and will be less disruptive to the environment. Much like attendees of Cirque du Soleil which I have attended many. It had a very small footprint. The parking is good and if there are any issues, I do believe that remedies can be implemented for example shuttle from Goldenwest College. I do also like the 30 day cancellation; but, I am confident that it will work out and any issues can be resolved. 25-088 Continued from February 4,2025 with Public Hearing open -Continue a Tax Equity and Financial Responsibility Act public hearing and adopt Resolution No. 2025-05 approving, authorizing, and directing execution of a Joint Exercise of Powers Agreement relating to the California Public Finance Authority and approving the Issuance by the California Public Finance Authority of Revenue Bonds in an amount not to exceed$325,000,000 for Marisol HB, LLC,with no City obligations, as well as a Payment in Lieu of Taxes Agreement And, lastly, I do feel I may need some additional insight. I noted 'in lieu of property taxes'. Perhaps, bc it is non profit?...Just on the surface, this seems similar to what happened with Elan. Maybe I missed something. I do recall the rep said that they would be paying an increased interest rate; but, would like more insight on this. If so, does that offset the property taxes and where would these funds go? If someone could get back to me, I would appreciate that. No rush. And finally, a huge thank you for all you have done. Congrats to Don, Butch and Chad.! I voted for all of you including the other existing council. So, if you win, I also win 6You have not heard from me bc„ I have been supportive and appreciative of all you are doing. a©Thank you for that extra time too. Respectfully, Kris Carroll 2