REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Al Zelinka, City Manager
VIA: Michael E. Gates, City Attorney
Sunny Han, Chief Financial Officer
PREPARED BY: Michael E. Gates, City Attorney
Subject:
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Authorize the Appropriation and Transfer of $3,650,000 of Litigation Reserves and $181,000 of FY 2023/24 General Fund Available Surplus to the General Liability Fund to fund the payment of attorney's fees for Kennedy Commission v. City of Huntington Beach and City of Huntington Beach v. the State of California
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Statement of Issue:
Authorization to appropriate and transfer $3,650,000 of Litigation Reserves and $181,000 of General Fund FY 2023/24 Available Surplus to the General Liability Fund is requested to fund the payment of attorney's fees for Kennedy Commission v. City of Huntington Beach and City of Huntington Beach v. The State of California.
Financial Impact:
The fiscal impact includes a General Fund (100) budget appropriation of $3,831,000 and transfer to the General Liability Fund (552) for the payment of attorney's fees. $3,650,000 will come from the General Fund Litigation Reserve and the remaining $181,000 from the General Fund FY 2023/24 available surplus.
Recommended Action:
recommendation
Approve the appropriation and transfer of $3,831,000 from the General Fund to the General Liability Fund business unit no. 55240101 to fund the payment of attorney's fees for Kennedy Commission v. City of Huntington Beach and City of Huntington Beach v. the State of California.
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Alternative Action(s):
Do not approve the recommended action, and direct staff accordingly. Denial of this request would result in the accrual of interest and noncompliance with a legal judgment.
Analysis:
The Kennedy Commission lawsuit was filed in July 2015 alleging the City's Beach Edinger Corridors Specific Plan (BECSP) amendments of May 2015 were in violation of California's Housing Element law...
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