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HomeMy WebLinkAbout2025-06-17Minutes City Council/Public Financing Authority City of Huntington Beach Tuesday, June 17, 2025 4:30 PM -Lower Level Theater 6:00 PM -Lower Level Theater Central Library, 7111 Talbert Avenue Huntington Beach, California 92648 A video recording of the 4:30 PM and 6:00 PM portions of this meeting is on file in the Office of the City Clerk, and archived at https:1/huntingtonbeach.legistar.com/Calendar.aspx 4:30 PM -CENTRAL LIBRARY LOWER LEVEL THEATER CALLED TO ORDER -4:30 PM ROLL CALL Present: Absent: Twining, Kennedy, McKeon, Burns, Van Der Mark, and Williams Gruel Pursuant to Resolution No. 2001-54, Councilman Gruel requested and, with no objections, was granted permission to be absent from this meeting. ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS PERTAINING TO CLOSED SESSION (Received After Agenda Distribution) -None PUBLIC COMMENTS PERTAINING TO CLOSED SESSION (3-Minute Time Limit) -None Mayor Burns read titles for Closed Session Item #1 25-493 with Real Property Negotiators for 10448 Adams Avenue with Rex & Larry Gilmore, Eric Johnson & Ryan Gilmore and Moon Valley Nurseries regarding price and terms of payment; Item #4 25-496 regarding Conference with Labor Negotiators and Employee Organization: Marine Safety Management Association (MSMA); and Item #5 25-497 regarding Conference with Labor Negotiators and Employee Organization: Surf City Lifeguard Employees' Association (SCLEA). A motion was made by Kennedy, with a second by Burns, to recess to Closed Session. RECESSED TO CLOSED SESSION -4:32 PM CLOSED SESSION 1. 25-493 CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Gov. Code section 54956.8.) Property: 10449 Adams Avenue, Huntington Beach, CA 92646. Agency negotiator: Travis Hopkins, City Manager; Kriss Casanova, Economic Development Manager; Steve Holtz,-Deputy Director of Community Development; Jennifer Villasenor, Director of Community Development. Negotiating parties : Rex & Larry Gilmore, Eric Council/PFA Regular Meet ing Minutes June 17, 2025 Page 2 of 8 Johnson & Ryan Gilmore and Moon Valley Nurseries (Not Present). Under negotiation: Price and terms of payment. 2. 25-494 CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION (Gov. Code section 54956.9(d)(2).): One (1) -ACLU Brown Act Cease and Desist Letter. 3. 25-495 CONFERENCE WITH LEGAL COUNSEL-LITIGATION (Gov. Code section 54956.9(d)(4).): One (1). 4. 25-496 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Travis Hopkins, City Manager; also in attendance: Marissa Sur, Director of Human Resources; Mike Vigliotta, City Attorney and Robert Torrez, Interim Chief Financial Officer. Employee Organization: Marine Safety Management Association (MSMA). 5. 25-497 CONFERENCE WITH L ABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Travis Hopkins, City Manager; also in attendance: Marissa Sur, Director of Human Resources; Mike Vigliotta, City Attorney and Robert Torrez, Interim Chief Financial Officer. Employee Organization: Surf City Lifeguard Employees' Association (SCLEA). 6. 25-498 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Protect HB v. City of Huntington Beach; OCSC Case No.: 30-2025-01470582. 6:00 PM -CENTRAL LIBRARY LOWER LEVEL THEATER RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING -6:00 PM ROLL CALL Present: Absen t: Twining , Kennedy, McKeon , Burns, Van Der Mark, and Williams Gruel Pursuant to Resolution No. 2 001 -54, Councilman Gruel requested and , with no objections , was granted permission to be absent from this meeting . INVOCATION In permitting a nonsectarian invocation , the City does not intend to proselytize or advance any faith or belie f. Neither the City nor the City Coun ci l endorses any particula r religious belief or form of invocation . 7. 25-392 Huntington Beach Fire Department Chaplain Jeff Lopez PLEDGE OF ALLEGIANCE -Led by Mayor Pro Tern McKeon CLOSED SESSION REPORT BY CITY ATTORNEY -None CITY COUNCIL MEMBER COMMENTS (2-Minute Time Limit) Council/PFA Regular Meeting Minutes June 17, 2025 Page 3 of 8 Councilman Kennedy reported on the temporary pump track at Edison Community Park providing fun for kids on bikes , scooters or skateboards , and Mayor Burns reminded everyone that July 4th celebrations are coming soon and noted some events will also take place after Friday the 4th , over the weekend. ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) Pursuant to the Brown "Open Meetings" Act, City Clerk Lisa Lane Barnes announced supplemental communications received by her office following distribution of the Council Agenda packet which were all uploaded to the City's website and Councilmember iPads: Administrative Item #16 (3 e-mail communications). PUBLIC COMMENTS (2-Minute Time Limit due to the number of speakers) -32 Speakers The number [hh:mm:ss] following the speakers' comments indicates th eir approximate starting time in th e archived video located at https:l/huntingtonbeach .legistar. com/Calendar.aspx. Barbara Richardson commented on the Huntington Beach Public Library Summer Reading Program , Level Up At Your Library, from June 21 to August 2 , 2025 , and the results of the June 10, 2025 , Special Election . (00 : 12:32) Guest Speaker commented on his service as a Merchant Marine and provided historical information on the formation and operation of the Merchant Marine. (00: 14: 13) Andrew Einhorn commented on what he described as the alienating leadership of the City Council. (00:16:30) Amory Hanson commented on Consent Calendar Item #13 regarding approval of the Fiscal Year 2023/24 Infrastructure Fund Annual Report. (00:18:24) Guest Speaker commented on the results of the June 10 , 20 25 , Special Election and the Central Library commemorative plaque. (00: 18:56) Tim Geddes commented on political rallies this past weekend and the results of the June 10, 2025, Special Election . (00 :20 :22) T.J. England commented on the results of the June 10, 2025 , Special Election. (00:21 :42) Pat Goodman commented on the results of th e June 10, 2025 , Special Election and the Central Library commemorative plaque . (00:24 :08) Guest Speaker commented on the LGBTQ+ community and the results of the June 10, 2025 , Special Election . (00:25:55) Guest Speaker commented on the results of the June 10, 2025, Special Election, and Administrative Items #16 regarding cease -and-desist letter alleging Brown Act violations. (00:28:07) Chris Rini commented on the results of the June 10, 2025, Special Election , LGBTQ community, and Administrative Items #16 regarding cease-and-desist letter alleging Brown Act violations . (00:29:39 ) Russ Neal commented on the results of the June 10, 2025, Special Election (00:31 :27) Council/PFA Regular Meeting Minutes June 17, 2025 Page 4 of 8 Kanen Durham, Pride at the Pier, commented on the Huntington Beach Police Department deployment of officers to the recent Los Angeles protests. (00:32:43) Guest Speaker commented on the results of the June 10, 2025, Special Election and the Huntington Beach Police Department deployment of officers to the recent Los Angeles protests. (00:34:48) Guest Speaker commented on and commended the professionalism of Huntington Beach Police Officers during a recent local protest. (00:35:59) Ken Inouye commented on his memories of Fred Provencher, Former Chairman of the Human Relations Task Force , and on Consent Calendar Item #13 regarding approval of the Fiscal Year 2023 /24 Infrastructure Fund Annual Report. (00:36 :50) Guest Speaker commented on the results of the June 10, 2025, Special Election. (00:38 :44) Guest Speaker commented on Administrative Items #16 regarding cease-and-desist letter alleging Brown Act violations and the results of the June 10, 2025, Special Election . (00:40:28) Guest Speaker commented on the results of the June 10, 2025, Special Election and on Administrative Items #16 regarding cease-and-desist letter alleging Brown Act violations . (00:42:03) Brian Shiner commented on his personal ex perience regarding 72-hour parking citations in the last year. (00 :44:20) Guest Speaker commented on the results of the June 10, 2025 , Special Election (00:46: 19) Cathey Ryder commented on the results of the June 10, 2025, Special Election. (00:48:24) Guest Speaker commented on Administrative Items #16 regarding cease-and-desist letter alleging Brown Act v iolations. (00:49:46) Valentina Bankhead commented on Administrative Items #16 regarding cease-and-desist letter alleging Brown Act violations and commended Huntington Beach Police Officers for their actions during recent protests in Huntington Beach. (00 :52 :06) Guest Speaker commented on the results of the June 10, 2025, Special Election and the Huntington Beach Police Department deployment of officers to the recent Los Angeles protests. (00:53:51) Paula Schaefer commented on Administrative Items #16 regard ing cease-and-desist letter alleging Brown Act v i olations , the results of the June 10, 2025, Special Election , and the Central Library commemorative plaque . (00:55:44) Barbara Snider commented on her personal experiences as a librarian . (00 :57 :32) Wendy Rinco n commented o n Administrative Items #16 regarding cease-and-desist letter alleging Brown Act violations and the results of the June 10, 2025, Special Election. (00:59 :48) Guest Spea ker c ommented on seve ral C onstitutional amendments. (01 :01 :44) Council/PFA Regular Meeting Minutes June 17, 2025 Page 5 of 8 Veronica Monger commented on her personal ex perience with parking citations and fees charged being higher than published lists for Huntington Beach . Councilman Williams asked Ms. Monger to complete a blue card for follow up. (01 :03:34) Trevor Bowe commented on his personal experience of having his car impounded by Huntington Beach Police Officers and noted that fees charged were higher than published lists for Huntington Beach . Mayor Burns asked Mr. Bowe to complete a blue card for follow-up. (01 :05:55) Bethany Webb commented on actions of various Councilmembers. (01 :08:22) COUNCIL COMMITTEE APPOINTMENT ANNOUNCEMENTS -None AB 1234 REPORTING Councilman Twining reported attending a meeting of the Southern California Association of Government (SCAG). OPENNESS IN NEGOTIATION DISCLOSURES -None CITY MANAGER'S REPORT -None CONSENT CALENDAR (Items 8 -14) Councilman Kennedy pulled Item #12 for further discussion . City Clerk 8. 25-465 Approved and Adopted Minutes A motion was made by Burns , second McKean to approve and adopt the City Council/Public Financing Authority regular meeting minutes of June 3, 2025. The motion carried by the following roll call vote: AYES: NOES: ABSENT: City Manager Twining, Kennedy, McKean, Burns, Van Der Mark, and Williams None Gruel 9. 25-464 Approved the appointments of Valentina Bankhead, Yolanda Campos, Julian Douglas, and Michael Latham to the City Celebration Committee as recommended by City Council Liaisons Mayor Pro Tem McKeon and Councilman Twining A motion was made by Burns, second Mc Kean to Approve the appointments of Valentina Bankhead , Yolanda Campos , Julian Douglas, and Michael Latham to the City Celebration Committee. Committee members will serve until their respective successors are appointed and qualified . The Council Liaison has the power to recommend replacement members for any vacancies . The motion carried by the following roll call vote : AYES: NOES: ABSENT: Finance Council/PFA Regular Meeting Minutes June 17, 2025 Page 6 of 8 Twining, Kennedy, McKeon, Burns , Van Der Mark, and Williams None Gruel 1 O. 25-483 Approved Adoption of Ordinance No. 4337 Amending the Huntington Beach Municipal Code by Amending Chapter 2.114 Department of Information Services -Approved for Introduction June 3, 2025, by a Vote of 7-0 A motion was made by Burns, second McKean to adopt Ordinance No. 4337, "An Ordinance of the City Council of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Amending Chapter 2.114 Department of Information Services." The motion carried by the following roll call vote: AYES: NOES: ABSENT: Fire Twining, Kennedy, McKeon , Burns , Van Der Mark, and Williams None Gruel 11. 25-482 Approved Adoption of Uncodified Ordinance No. 4336 Adopting the Fire Hazard Severity Zones -Approved for Introduction June 3, 2025, by a Vote of 7-0 A motion was made by Burns , second McKeon to approve for adoption Uncodified Ordinance No. 4336, "An Ordinance of the City Council of the City of Huntington Beach Adopting Fire Hazard Severity Zones ." The motion carried by the following roll call vote: AYES: NOES: ABSENT: Public Works Twining , Kennedy, McKeon, Burns, Van Der Mark, and Williams None Gruel 12. 25-398 Accepted the lowest responsive and responsible bid and authorized execution of a construction contract with Full Swing Construction Inc. in the amount of $1,099,477 for the Police Department Women's Locker Room Improvement Project, CC-1708; Rejected bids 1-7; and Authorized 20% in contingency funds Councilman Kennedy pulled this item to clarify with Chau Vu , Director of Public Works , the reason for the project cost difference between what was shown in the PowerPoint communication vs the actual bid ; contingency cost variations between different project contracts; and , if the initially approved contingency of twenty percent (20%) for this project is not adequate , Councilmembers will have an opportunity to approve any additional funds needed to complete the project. A motion was made by Kennedy, second Burns to accept the lowest and responsible bid submitted by Full Swing Construction Inc. in the amount of $1 ,099,477 ; and reject bids 1-7, as a result of formal bid Council/PFA Regular Meeting Minutes June 17, 2025 Page 7 of 8 protest; and authorize the Director of Public Works to approve change orders up to 20% contingency in potential construction change orders; and authorize the Mayor and City Clerk to execute a construction contract with Full Swing Construction Inc. in a form approved by the City Attorney. The motion carried by the following roll call vote: AYES: NOES: ABSENT: 13. 25-393 Twining, Kennedy, McKean, Burns, Van Der Mark, and Williams None Gruel Approved the Fiscal Year 2023/24 Infrastructure Fund Annual Report A motion was made by Burns, second McKean to approve the Infrastructure Fund Annual Report for Fiscal Year 2023/24 . The motion carried by the following roll call vote: AYES: NOES: ABSENT: 14. 25-407 Twining, Kennedy, McKean , Burns, Van Der Mark, and Williams None Gruel Accepted the lowest responsive and responsible bid and authorized execution of a construction contract with Vortex Services, LLC dba Sancon Technologies in the amount of $1,599,942.70 for the Fiscal Year 23/24 Sewer Lining Project, CC-1777; and approved an appropriation of $525,000 from the Sewer Service Fund A motion was made by Burns, second McKean to accept the lowest responsive and responsible bid submitted by Vortex Services, LLC dba Sancon Technologies in the amount of $1,599,942.70; and authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney; and appropriate $525,000 from the Sewer Service Fund (511) to Account 51189024 .82600. The motion carried by the following roll call vote: AYES: Twining, Kennedy, McK~on, Burns , Van Der Mark, and Williams NOES: None · ABSENT: Gruel ADMINISTRATIVE ITEMS 15. 25-486 Adopted Resolution No. 2025-47 Amending the Memorandum of Understanding Between the City and the Huntington Beach Police Officers' Association by Adopting a Side Letter of Agreement City Manager Travis Hopkins introduced Marissa Sur, Director of Human Resources, who provided a PowerPoint communication titled Proposed Side Letter of Agreement with the Police Officers' Association (POA), with slides entitied: Overview, Proposed Side Letter, City Council Options, and Questions? A motion was made by Burns , second Van Der Mark to adopt Resolution No. 2025-47 , "A Resolution of the City Council of the City of Huntington Beach Amending the Memorandum of Understanding (MOU) Council/PFA Regular Meeting Minutes June 17 , 2025 Page 8 of 8 Between the City and the Huntington Beach Police Officers' Association (POA) by Adopting the Side Letter of Agreement." The motion carried by the following roll call vote: AYES : NOES: ABSENT: 16. 25-499 Twining, Kennedy, McKean, Burns, Van Der Mark, and Williams None Gruel Approved Response Regarding Cease-and-Desist Letter Alleging Brown Act Violations A motion was made by Burns, second Van Der Mark, without admitting any violation of the Ralph M. Brown Act, the City of Huntington Beach hereby unconditionally commits that it will cease, desist from, and not repeat the challenged past action as described in the letter from the ACLU dated May 22 , 2025 , and analysis section of this staff report. The motion carried by the following roll call vote: AYES : NOES : Twining , Kennedy, McKean, Burns , Van Der Mark, and Williams None ABSENT: Gruel CITY COUNCIL MEMBER REQUESTS -None ADJOURNMENT-At 7 :17 PM a motion was made by McKean , with a second by Burns, to adjourn to the next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority on Tuesday, July 1, 2025. Meeting location information will be included on the July 1, 2025, City Council Agenda due to construction at City Council Chambers . INTERNET ACCESS TO CITY COUNCIUPUBLIC FINANCING AUTHORITY AGENDAAND STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT ATTEST: ~afwne,l!MC City Clerk-Se ratary City Cl and ex-officio Cle of the City Council of the City of Huntington Beach and Secretary of the Public Financing Authority of the City of Huntington Beach , California ~ Mayor-Cha ir