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Home My WebLink AboutCharter Revision Committee to Study Council Districts to ch CITY OF HUNTINGTON BEACH MEETING DATE: May 6, 2002 DEPARTMENT ID NUMBER: CA 02-04 Council/Agency Meeting Held: W-06-02 Deferred/Continued to: ❑ Approved ❑ Conditionally Approved ❑ Denied Alf• ttry Clerk' Signature WA AM Council Meeting Date: May 6, 2002 Department ID Number: CA 02-04 o _c CITY OF HUNTINGTON BEACH _ A C REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS T SUBMITTED BY: RAY SILVER, City Administrator&-A2 _ PREPARED BY: GAIL HUTTON, City Attorney' SUBJECT: Establish a Commmittee to study Councilmanic Districting /t5o Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Should the City establish a Committee to study Councilmanic Districting. Funding Source: Appropriate $50,000 from unreserved, undesignated General Fund balance. Recommended Action: That the City Council: „ Alternative Action(s): Do not establish a Committee to study Councilmanic Districts. Analysis: At its April 15, 2002 meeting, the City Council directed the City Attorney to provide information on how.the Council could form a citizen's committee to study the proposed City Charter initiative reducing the number of council members from seven (7) to five (5), and to establish district elections. r� GARCA\2002\Councilmanic Districting.doc 5/1/2002 2:33 PM " ' REQUEST FOR COUNCIL ACTION MEETING DATE: May 6, 2002 DEPARTMENT ID NUMBER: CA 02-04 It is recommended that the Council establish a committee to study the following City Charter provisions and issue a report addressing whether: 1. Council seats should be by district or at-large, and if by district, should Councilmembers be residents of their district and should voting be by district or at-large; 2. The number of Council seats should remain at seven, or be reduced or expanded; and, 3. The existing term limit that no Councilmember serve more than two consecutive terms with no prohibition on running again for election after retiring for one election cycle is retained. If the Committee recommends one or more of these Charter amendments, it would also submit a specific Charter amendment that could be submitted to the electorate at the November 2002 election. Creation of a Council-appointed committee is one of two options available to the City under State law to revise the Charter. The Government and Elections Codes allow for charter revisions to be submitted by a commission whose members are elected (Government Code Section 34451), or alternatively, the City Council may appoint a commission or committee which may propose a Charter amendment to the Council, which then may be submitted to the electorate at a general or special election (Government Code Section 34458 and Elections Code Section 9258). If the Committee recommends a Charter amendment and the Council agrees, the proposed amendment must be filed with the City Clerk and published within fifteen (15) days of filing. (Government Code Section 34455.) Once published, the Charter amendment can be considered at an election conducted at least eighty-eight (88) days after publication. However, in order to place the proposal on the November 5, 2002 election, while allowing adequate time for an impartial City Attorney opinion and ballot arguments, it is recommended that the City Council call the election at its July 15, 2002 meeting. Further, if the Council is to fully debate the Committee's report, it is recommend that the City Charter Committee deliver its report by no later than June 24, 2002, so that it can be considered at the July 1, 2002 City Council Meeting. There are two important issues to be considered in establishing a Committee. First and foremost is the number of members and their selection. Ultimately this is a policy question, but the procedure staff recommends is seven (7) council appointments, following the same process as the Planning Commission, with each council member selecting one committee member. Further, it is recommended that Council Members be given the authority to appoint themselves or any other City officer to the Committee. Second is the question of staffing. The Resolution proposes that as a first order of business, the Committee would survey the field of other California charter cities to determine what is the practice of other cities concerning districting, the number of councilmembers, and term GARCA\2002\Councilmanic Districting.doc -a- 5/1/2002 2:33 PM a REQUEST FOR COUNCIL ACTION MEETING DATE: May 6, 2002 DEPARTMENT ID NUMBER: CA 02-04 limits. While we expect that there are a number of scholarly papers addressing these issues, to assist the Committee, we recommend that one or more consultants be hired. We recommend that a budget be established of$50,000.00 for the City Attorney's office to obtain staff support for this effort. COUNCIL POLICY REGARDING REQUESTS FOR AN APPROPRIATION OF GENERAL FUNDS: As adopted by the City Council on March 1998, all requests for appropriation of general funds must meet one of the following criteria; 1) The request is for an unanticipated emergency, 2) The request is required to implement labor negotiations, or 3) The request will be offset by related new revenues. The new appropriations being requested is an unanticipated emergency. Environmental Status: N/A Attachment(s): A Resolution of the City Council of the City of Huntington Beach Establishing the Charter Revision Committee Regarding Council Manic Districts City Clerk's Page Number No. Description 1 A Resolution of the City Council of the City of Huntington Beach Establishing a Committee to study Councilmanic Districts /✓o, a2oaa_fzj 2 Fiscal Impact Statement GARCM2002\Councilmanic Districting.doc -- 5/1/2002 2:37 PM ATTACHMENT # 1 RESOLUTION NO. �2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING A COMMITTEE TO STUDY COUNCILMANIC DISTRICTS WHEREAS, the City of Huntington Beach was incorporated in 1909; and The electorate first approved a Charter for the City in 1937; and The City Charter has been amended many times over the past sixty-five (65) years, including a revised Charter in 1950, a new Charter in 1966 and another revised Charter in 1978; and The City Charter currently provides for the council-administrator form of government, a city council of seven (7) members elected at-large for four(4) year terms, and a provision limiting councilmembers to no more than two (2) consecutive terms; and The City Council finds and concludes that it is in the best interests of the City to study whether councilmanic districts should be established, and if so, what form such districting should take; and The City Council desires to establish a committee to study councilmanic districts and make a recommendation to the City Council on whether the Council should submit to the electorate at the November 2002 election an initiative amending the Charter to establish councilmanic districts; NOW, THEREFORE, the City Council of the City of Huntington Beach hereby resolves as follows: SECTION 1. Committee Established. There is hereby established a Charter Revision Committee To Study Councilmanic Districts for the City of Huntington Beach. The authority for the creation of this Committee is Government Code Section 34458, which provides as an alternative to an elected Charter Revision Commission, the City Council on its own motion may propose amendments to the City Charter and Elections Code Section 9253, which authorizes the Council to appoint a charter revision commission or committee. SECTION 2. Purpose of the Committee. The purpose of the Committee is to study and make a report to the City Council regarding the following three questions: 1. Should Councilmembers be elected by district or at-large, and if by district, should Councilmembers be residents of their district and should voting be by district or at-large? 2. Should the number of Council seats should remain at seven, or be reduced or expanded? " N k10 ACI 02reso/council manic districts/5!1/02 1 3. Should the existing term limit that no Councilmember serve more than two consecutive terms, with no prohibition on running again for election after retiring for one election cycle, be retained? As part of its report, the Committee shall recommend specific Charter revisions consistent with answering the above questions. In order to prepare its Report to the Council, the Committee shall survey other California charter cities to determine the extent to which they employ districting, including the number of districts, any residency requirements, whether the councilmembers are elected at-large or by district, and any term limits. SECTION 3. Term. The term of this Committee shall begin upon the day after the members have been appointed and end upon the delivery and presentation of its final report to the City Council, unless extended by the Council. The report shall be delivered and presented by no later than June 24, 2002. SECTION 4. Members. The Committee shall consist of seven(7) members who shall be residents of the City. Any member of the City Council or officer of the City may be a member of the Committee. Each member of the City Council shall appoint one member to the Committee. SECTION 5. Bylaws. The Committee shall adopt such bylaws and rules as it deems necessary to provide for its officers and their method of selection, a place for meetings and for such other matters relative to its work and administration of its duties, which are not otherwise provided for by this Resolution. SECTION 6. Advisors. The Committee may request attendance at its meetings of any officer or employee of the City to assist the Committee in its deliberations in an advisory capacity, but who shall not have the authority to vote upon any matter being considered by the Committee. The Committee shall have a budget of$50,000.00 to be used to obtain consulting services to assist it in its deliberations. With the advice and consent of the City Administrator and the City Attorney, the Committee may hire advisors. SECTION 7. Records of Committee. The City Clerk shall maintain accurate and permanent records of the acts of the Committee and such records shall have the same status as records of other City Council minutes. SECTION 8. Conflicts of Interest. Each member of the Committee shall file a Form 721, conflict of interest form with the City Clerk immediately after taking the oath of office from the City Clerk. SECTION 9. Brown Act. The Committee shall comply with the Brown Act, otherwise known as the California Open Meeting Law. NO ACTION 02reso/council manic districts/5/1/02 2 TAKEN PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of 12002. ATTEST: City Clerk Mayor APPROVED AS TO FORM: City ttorneys_�_ 2 REVIEWED, INITIATED AND APPROVED: City Ad i mistrator NO TAKEN 02reso/council manic districts/5/1/02 3 ATTACHMENT #2 � & CITY OF HUNTINGTON BEACH JOLV INTERDEPARTMENTALCOMMUNICATION To: Ray Silver, City Administrator From: Clay Martin, Director of Administrative Services Subject: FIS 2002-19 Establish A Committee To Study Councilmanic Districting Date: May 1 , 2002 As required by Resolution 4832, this Fiscal Impact Statement has been prepared for "Establish A Committee To Study Councilmanic Districting". If the City Council approves this request (total appropriation $50,000), the estimated unreserved, undesignated General Fund balance at September 30, 2002 will be reduced to $6,929,500. c�0 Clay Martin Director Administrative Services Fund Balance-General Fund Adopted Budget Current Estimate Beginning Fund Balance 10/1/20001 $ .11,741,000 $ 11,741,000 Plus:Estimated Revenue 133,663,000 132,883,000 Less:Estimated Expenditures (134,813,000) (135,727,000) Fiscal Policy-Transfer to Capital Projects Fund (1,393,500) Pending/Approved FIS's: (524,000) FIS#19 (50,000) Estimated 9/30/2002 Unreserved Balance $ 10,591,000 $ 6,929,500 General Fund Balance 2001-02 10000000 s 8000000 6000000 Vim. 591 . , 4000000 .-3F - 929;_ � ` 2000000 � - 0 , ADOPTED CURRENT BUDGET ESTIMATE RCA ROUTING SHEET INITIATING DEPARTMENT: City Attorney SUBJECT: Establish A Committee To Study Councilmanic Districting COUNCIL MEETING DATE: May 6, 2002 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable Not Applicable Resolution(w/exhibits & legislative draft if applicable) Attached Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. Approved as to form by City Attorne Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over$5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator Initial G? ) rCity Clerk EXPLANATION FOR RETURN OF ITEM: SpaceOnly) RCA Author: S. Field t J. CITY OF HUNTINGTON BEACH Inter-Department Communication T CONFIDENTIAL: ATTORNEY CLIENT PRIVILEGE ,.., C__ 0 TO: Members of the City Council FROM: Gail Hutton, City Attorney a- DATE: May 6, 2002 w s c-� SUBJECT: Late Communication Re F-4 for on Council Agenda Regarding ..�w D Establishment of a Charter Revision Committee to Study Councilmanic Districting, etc. In preparing our materials regarding establishing a Charter Revision Committee Regarding Councilmanic Districting, we contacted other cities to discover how they addressed the question. Today, we received a draft ordinance prepared by the Los Angeles City Attorney's office in connection with their revision commission (attached). However, Los Angeles did not adopt this proposal, but instead established their city-appointed commission by motion. Further, the Los Angeles ordinance was for a commission that would revise the city charter in its entirety, not a limited-purpose committee looking principally at Councilmanic Districting. One thing that might prove useful to the City Council in considering this matter is whether to provide any direction to the committee on the steps it should take in preparing its recommendations. For example, the Los Angeles ordinance suggested that the commission should conduct a"thorough, public, community wide, community based fact and information gathering process"before proposing revisions to the charter. The City Council might wish to direct its committee to conduct a series of public hearings to obtain citizen input on districting. ZA4C__ &Ct� ILHUTTON City Attorney /tv Attachments (DMM�AW (CA—FloN SF/02memo/Councilmanic districting 1 CRIMINAL BRANCH C�` �' ^^•`ftf,, _ (213)485.5452 �• CIVIL BRANCH (213)48"370 OGNUEU�1•` ��p IVJ-fftrr of t4r Ti#g ( lttvrnjvg WRITER'S DIRECT DIAL (213)485-5440 ?:vs ( lXngelr$, Talifornin FAX(2i3)485-8899 JAMES K. HAHN CITY ATTORNEY REPORT NO. R96 0340 ``E P 0 4 1996 REPORT RE: DRAFT OF ORDINANCE ESTABLISHING A CHARTER REVISION COMMISSION The Honorable City Council City of Los Angeles Room 395, City Hall 200 North Spring Street Los Angeles, California 90012 Honorable Members: Pursuant to the instruction of your Rules and Elections Committee, and based upon consultations with the Chief Legislative Analyst, we have prepared and transmit herewith an ordinance creating a Charter Revision Commission. The ordinance is approved as to form and legality. The ordinance will establish an appointed commission pursuant to California Elections Code § 9255. Its 15 members will be appointed by the Council pursuant to a procedure set forth in the ordinance. The commission will be authorized to review the current City Charter, to hold hearings and to"propose such revisions to the Charter as it considers appropriate." Pursuant to Elections Code § 9255, the Council must place the commission's proposals, if any, on the ballot for approval by the voters. Those proposals must be placed on the ballot without any revisions by the Council. The commission must conclude its work by May 1, 1999, and as of that date, it will be automatically abolished. The commission will also have the authority to set its own budget, to hire staff and to enter into contracts for consulting and administrative services. Although the ordinance calls for an initial appropriation of$300,000 in City General Fund monies for its operation,the commission will be authorized to accept contributions to help finance those operations. AN EQUAL EMPLOYMENT OPPORTUNITY—AFFIRMATIVE ACTION EMPLOYER EIGHTEENTH FLOOR, CITY HALL EAST • 200 N. MAIN STREET • LOS ANGELES CA 9001 2-4 1 3 1 Re-yd aridmacietrommecycwmsle CID- The Honorable City Council City of Los Angeles Page 2 The ordinance contains several provisions whereby the Council declares its current"intention"to exercise its legislative discretion in particular ways in the future. For instance, § 7.2 provides that, "It is the intention of the Council to submit such recommendations to the voters at the time of the City's primary nominating election held during April, 1999 . . . ." That declaration of current intention does not bind the Council to act in that manner in the future. Indeed, it is our advice that the Council could not legally so bind its future exercise of its legislative discretion. Please let us know if we can be of further assistance to you in connection with this matter. Very truly yours, JAMES K. HAHN, City Attorney By 0", ANTHONY SAUL RIN Assistant City Att ey /asa Attachment ORDINANCE NO. An ordinance providing for the appointment of a Charter Revision Commission pursuant to California Elections Code Section 9255 . THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS: Section 1. Findings. 1 . The Council and the Mayor desire to establish an independent Charter Revision Commission pursuant to California Elections Code Section 9255 to review the Los Angeles City Charter by conducting a thorough, public, community wide, community based fact and information gathering process, and to propose revisions to the current Charter. 2 . In order to assure the public of the independence of the Charter Revision Commission, the Mayor and the Council wish to set forth various provisions governing the Charter Revision Commission, its processes and the roles of the Mayor, the Council and other elected City officials with regard to this Charter revision process . Sec. 2 . Creation of Commission; Appointments; Term. 1 . A Charter Revision Commission is hereby established pursuant to California Elections Code Section 9255 . It shall have the authority to review the current Charter, to hold hearings and to propose such revisions to the Charter as it considers appropriate . Before entering into the duties of their office, the members shall subscribe to an oath as prescribed in the Charter for officers of the City. The Commission shall complete its work and shall submit Charter revision proposals, if any, no later than May 1, 1999, after which date the Commission shall be disbanded and shall have no further authority or responsibilities . 1 SEP 10 1996-- T r*T— r-r«b— PG�sv r kb a�nae✓ d� ':(�Si z^vim" M of10 A/ 6G A-Al7e -6�Oe-h rerz-60 - �°� - 2 . In order to assure the independence of the Commission, the Mayor and the Council express their intent not to amend or modify this ordinance prior to the completion of the work of the Commission. 3 . The Commission shall consist of 15 members appointed by the Council for a term to expire on May 1, 1999 . Its membership shall reflect the diversity of City residents. 4 . No person shall be eligible to be a member of the Commission who is not .a qualified elector of the City of Los Angeles, who currently serves on any City board or commission, or who is registered as a lobbyist pursuant to Los Angeles Municipal Code Section 48 . 01, et seq. No member of the Commission shall, during his or her tenure on the Commission, serve on any such board or_ commission or become a lobbyist . 5 : The Mayor and President of the Council shall confer and submit to the Council a single list of the names of qualified electors of the City of Los Angeles whom they recommend as members . The Council may appoint all, some or none of the persons on that list . If the Council rejects one or more of the recommended members, it shall so inform the Mayor and President of the Council, who shall jointly submit to the Council a second list of names of additional qualified electors who they recommend as members . The Council may appoint all, some or none of the persons on that list . If the Council does not appoint 15 members to the Commission from the two lists, it shall then appoint any otherwise qualified electors as members until 15 members have been appointed. 6 . Vacancies on the Commission shall be filled in the same manner as set forth for appointments in paragraph 5 above . If any commissioner resigns, is removed or is otherwise unable to serve, the Council shall appoint a replacement . The Council may elect not to appoint a replacement commissioner if the vacancy arises after the first twelve months of the Commission' s work, provided that there shall always be at least 10 members . 2 7 . A member of the Commission may be removed from . office only upon a finding of 'malfeasance by a two thirds vote of the members of the Council . 8 . Commission members shall serve without compensation from the City for the entire term of the Commission. 9 . The members of the Commission shall elect one among their ranks to serve as its President . 10 . A quorum of the Commission shall consist of 10 members . Sec. 3 . Commission Duties and Practices. 1 . The Commission is directed to undertake an inclusive, citywide, community based process to review the Charter and to develop and propose appropriate revisions thereto. 2 . The Commission shall begin its work within three weeks after all Commissioners have taken the oath of office . The Commission shall submit its final proposed Charter revisions to the Mayor and the Council as soon as possible . 3 . Without limiting the generality of the foregoing, the Commission shall seek out, consult with and pursue methods to obtain input from as wide a range of individuals and organizations as .possible as an integral part of its deliberations . 4 . All deliberations and meetings of the Commission shall conform to the requirements of the Ralph M. Brown Act (California Government Code Section 54950, et seq. ) . The Commission shall also comply with all other applicable laws . 5 . The Commission is empowered to conduct the necessary review and deliberations in an independent fashion. However, the Commission is not proscribed in any way from seeking the advice and recommendations of the Mayor, the Council and other elected or appointed officials of the City if it chooses to do so. 3 6 . The Commission shall deliver to the Mayor and the Council a written report on the status of its efforts semi- annually and may report more frequently. Sec. 4 . Budget; Personnel; Funding. 1 . The Commission may appoint an executive director and shall employ such staff as it deems necessary and appropriate to discharge its responsibilities . Alternatively, the Commission may choose to contract with one or more entities to provide consulting and administrative services for the discharge of its responsibilities . 2 . Without limiting the generality of the foregoing, the Commission is specifically empowered to obtain legal services, including advice, from the City Attorney and/or, at its sole cost and expense and with the consent of the City Attorney, from outside legal counsel . 3 . The Commission shall seek and may accept private funding to support its operations . 4 . The Commission shall have the authority to acknowledge and accept monetary or non-monetary gifts in accordance with its own practices and procedures . To the extent permitted by law, such gifts may be accepted without approval by the City Council or the Mayor. 5 . All monetary gifts received by the Commission shall be deposited into and disbursement shall be paid from the Trust Fund established by this ordinance. The Commission shall publicly disclose all sources of funding at least semi-annually. It shall be required to submit to the Controller an annual independent audit of its finances . 6 . Except as otherwise specifically set forth in this ordinance, the Commission shall be fully empowered to establish a budget for its operations, a work plan, procedures, strategies and schedule for completion of its work. The Commission shall establish its budget for its operations within two months after the commencement of those operations and shall release the budget to the public . 4 7 . Upon the appointment of all members of the Commission, the City shall place into the Trust Fund created by this ordinance the sum of $300, 000, which shall be used by the Commission at its discretion for its initial operations . At the request of the Commission, the City may provide such space, equipment, staff assistance and other non-monetary support as the City determines is reasonable and practical . Except as the Council and Mayor may determine by further appropriations or as herein otherwise provided, no monies from the City General Fund shall be used to pay any expense, obligation or debt of the Commission. Sec. 5. Ethics; Conflict of Interest. 1 . The members and staff of the Commission shall be subject to and comply with the City' s Governmental Ethics Ordinance (Los Angeles Municipal Code Section 49 . 5 . 1, et seq. ) and all other state and .City laws relative to governmental ethics and conflicts of interest . The Governmental Ethics Ordinance shall be amended to name the members and non-clerical staff of the Commission as "City Officials" . 2 . The Commission shall seek the advice and direction of the City Ethics Commission in the course of carrying out its duties . Sec. 6 . Completion of Commission Work; Placing Charter Revision Proposal on the Ballot. 1 . Upon completion of its work, the Commission shall submit its final Charter revision proposals, if any, to the Mayor and the Council . 2 . The Council shall submit the Charter revision proposals of the Commission directly to the voters without amendments or modifications of any kind. It is the intention of the Council to submit such recommendations to the voters at the time of the City' s primary nominating election held during April, 1999, provided that the proposals are submitted to the Council no later than June 1, 1998 . 5 Sec. 7 . Mayor and Council Roles and Action Independent of The Commission' s Work. 1 . At all times, the Council shall retain and freely exercise all rights and responsibilities provided to it .by the Charter, including but not limited to the proposal for voter approval of such Charter amendments and revisions as it may deem necessary or appropriate . It shall be free to conduct such hearings, reviews, deliberations and other procedures as it deems necessary or appropriate to develop its own recommendations for amendments and revisions to the Charter, and to consult with the City Attorney, the Controller, other elected officials, and such other individuals or entities as it deems necessary or appropriate for its deliberations . Provided, however, it is the intention of the Council and Mayor not to place or cause to be placed on the ballot any proposal to revise the entire Charter prior to April, 1999 . 2 . To the extent permitted by law, the Mayor, the City Council and/or its members, and all other elected City officials are free to support or oppose the Commission' s efforts and to advocate for or against any amendments or revisions to the Charter proposed by the Commission, the Council or any other person or entity. 3 . The Chief Legislative Analyst and the City Administrative Officer shall act as liaison to the Commission and shall report to the Council monthly on the progress of the Commission' s work. Sec. 8. Trust Fund. 1 . There is hereby created within the Treasury of the City of Los Angeles a special trust fund known as the "Charter Revision Commission Trust Fund" hereinafter referred to as the "Trust Fund" . 2 . The Trust Fund shall be administered by the City Administrative Officer in accordance with established City practice . The City Administrative Officer shall certify the payment of all expenditures. 6 3 . There shall be placed in the Trust Fund all appropriations and gifts to finance any of the operations of the Commission. 4 . All expenditures of the Commission shall be paid from the Trust Fund. No expenditure shall be made from the Trust Fund for any purpose which is contrary to the budget of the Commission. 30036 7 Sec. 9 . The City Clerk shall certify to the passage of this ordinance and cause the same to be published in some daily newspaper printed and published in the City of Los Angeles . I hereby certify that the foregoing ordinance was passed by the -Council of the City of Los Angeles, at its meeting of ELIAS MARTINEZ, City Clerk By Deputy Approved Mayor Approved as to Form and Legality James K. Hah City Attorney By ANTHONY S Vv ALP RIN Assistant A torney File No. ��"" �0 /b J! ° MAILBOXES ETC. 418 Fax:714-842-7325 May 6 '02 15:09 P.02 'Dear Mayor Cook& City Council Members, Please don't waste city tax dollars on`Item F-4'. I have a vast amount of friends, &acquaintances from all walks of life living in Huntington Beach, each geographically diverse in their residency. z I have discussed with nearly all of these people the petition circulating around the city, that proposes an initiative to be put on the ballot to change the process o a- ;a�_'�r;I- ca rri of how the City Council members of Huntington Beach are elected. -D )> r-r W � J This is a hot topic in the city, and those I spoke with told me about their many P-1) c-) m discussions on the matter with their vast amounts of friends4acquaintances, living in Huntington Beach. A large group of us came up with the following Conclusions: (a) Some of the people agreed with the Initiative or knew people who agreed with it. (b) Some of the.people disagreed with the initiative or knew people who disagreed with it. (c) All of the people unanimously agreed that it was very important that this initiative get put on the ballot in next November's election to be"studied"& decided by the voters. Considering the large amount&the diversity of city-dwellers involved, we naturally expected some political discord as Conclusion(a) & (b), above, showed us. Conclusion(c)is what alarmed us, and inspired us to write this letter. To spend any tax dollars to "study"this simple&forthright issue would be frivolous& selfish on your part. The same tax-paying citizens that voted you in to office, deserve for their hard-earned tax dollars to be used on matters that will benefit the great city of Huntington Beach. Proposed `Item F-4' would not- furthermore, `Item F-4' attempts to deny the voice of Huntington Beach's majority to be acknowledged. Sincerely, Rachelle Carmony CAM MUN ICKT�0t\J MAILBOXES ETC. 418 Fax:714-842-7325 May 6 '02 15:08 P.01 16478 Beach Blvd. 1. 0 — bUMBCMz= Westminster,CA 92683 FAX Phone(714)842--5513 Fax(714)842-7325 Date: / �� Fax: 7 tf —.3 7`/— IM Ate Company' ' From: /' 1r��1`° " f/ % ' Phone: Jo'r Total Pages (including cover page): 2"Vgent O For Review n Please Reply Comments; H c o 0 Q C:) n j= w N n N WE'RE YOUR PACKING & SHIPPING EXPERTS • Packaging Materials • Custom Packing & & Moving Supplies Boxing Services • UPS, FedEko USPS & • Tracking Services Other Carriers (Ask For Details) May 6, 2002 TO: MAYOR DEBBI:E COOK. MAYOR PRO TEM RALPH BAUER -�C-) COUNCILMEMBER PETER GREEN — COUNCILMEMBER SHIRLEY DETTLOFF a- COUNCILMEMBER GRACE WINCHELL COUNCILNIEMBER PAM JULIEN HOUCIIEN W = COUNCILMEMBER CONNIE BOARDMAN oN RE: AGENDA ITEM F-4 As a resident of the disenfranchised area of Southeast Huntington Beach, I am in support of the district initiative that is proposed for the November ballot. I have read and signed the petition as well as the initiative itself, and I have had no problem understanding what it would do or what it would mean to our citizens. Why our city council would even think about spending$50,000 to hire a consultant to help you"study" this issue is beyond my understanding. Can you not "study"the initiative yourselves? Can you not"study"the map?Can you not use a dictionary to look up the big words, if that is the problem? What you are proposing is a transparent scheme to form a government sanctioned committee to manipulate the election process. Several of you have made it clear that you vehemently oppose the idea of districts, so any argument you may be contemplating about "studying"this issue to find it's benefits and drawbacks is blatantly insincere and deceptive. On the one hand, l strongly oppose the formation of this government-owned committee and the spending of taxpayer dollars as if they were your personal stash. On the other hand,I think your actions tonight will make it abundantly clear why we need districts where new, uncorrupted candidates can more readily emerge and put our city back on the right track. Si rerely, -) 1C. stydda 8872 Clipper Drive Huntington Beach, CA 92646 ��T-T— com m i I N May 06 02 01 : 47p swan (7141962-7633 p. 1 FAX COMMUNICATION —NO. OF PAGES: 1 From: Cari Swan 20412 Mansard Lane Huntington Beach, CA 92646 (714)962-7633 May 6, 2002 o c Mayor Debbie Cook and Council Members "�— Q Z City of Huntington Beach c/o Huntington Beach City Clerk Huntington Beach, California 77 x Ref: Agenda Item F-4, 5/6/02 City Council Meeting Dear Mayor Cook and Council Members, I am writing to express my STRONG opposition to any action by the City Council to hire the services of any outside consultant(for ANY amount of money, let alone $50,000.001) for the purposes of studying the City Charter as concerns number of council seats, districts, and term limits. It is my recommendation that you use the already paid for services of city staff to research and report to the council any information that you require. On the other hand, if the underlying intent of hiring an outside consultant to research this topic is, in fact, a means of creating an 'opposition" argument should the citizens of Huntington Beach be successful in gathering enough signatures to put this on a future ballot, I would suggest that this council is not only acting UNETHICALLY, but perhaps illegally! If you, Mayor Cook, or any council members feel that strongly about this issue, l demand that you to act independently in your opposition and not waste OUR MONEY to pursue your own political interests. Sincerely, �vt,C Cad Swan CC: ALL COUNCIL MEMBERS (Note to City Clerk: Please see that all members are copied) LATE C-Ommuq C ( b MFIy 0G 2002 1 : 53PM HP LRSERJET 3200 p. 2 Date: May 6, 2002 T CV C To: City of Huntington Beach Mayor,Debbie Cook and City Council , 2000 Main Street _ Huntington Beach CA, 92648 (714) 536-5233 Facsimile From: Brad White m-�r n Subject: Item F-4, 77 -L cry c-) I would like to go on record as OPPOSING item F-4 in the Agenda for the City Council meeting, cn A Monday, May 6, 2002. I am opposed to any involvement by the Huntington Beach city council in their efforts to use taxpayer funds to fund a Charter Revision Committee,Resolution No. 2002-43 to study Council mantic Districting. RE: Proposed City Charter Amendment to reduce number of Council Members to Seven to Five to be Elected by Districts. (610.20) 1. Thank you for recognizing that the citizens of Huntington Beach are not being fairly represented by the structure of our council? 2. Please do not manipulate term limits so council members can recycle back into office. 3. If more than 16,000 registered Huntington Beach voters sign a petition for the ballot, you don't need a $50,000 taxpayer study to determine what the voters want. 4. Why do you need to hire an outside consultant? What do you want a consultant to do? Why can't you use our city staff? 5. Please don't waste$50,000 of our hard earned tax dollars to protect your own seats. Use our money to fill the potholes in our streets, fix our sewer systems, fix the street sweeping problems etc... No wonder we have a $1.37 billion dollar Infrastructure nightmare! It is because of frivolous city council spending of our hard earned tax dollars on stupid studies we do not need nor want. 6.At the April 15 council meeting, Ralph Bauer made a motion to have the city attorney provide information on how to OPPOSE the initiative.To have the city attorney provide advice on how to oppose the initiative would probably be a violation of state law. While they changed the motion to a "study,"there's no doubt it is nothing more than an attempt to use tax dollars to fight the very people who supply those tax dollars.That is outrageous! I thought we are a government of the people by the people and for the people! We are not supposed to be a city that is run by a group of ego-based, self-centered, power.hungry Stalinist dictators! cc. All city council members. Thank you, Brad White Huntington Beach, CA 714.454.1150 Nl lbw Mc�� MRY 06 2002 1 : 53PM HP LRSERJET 3200 p. 1 o c o Fax C! =-<`-„ To: Mayor Debbie Cook and Huntington From: Brad White >�' - c-� 77 z Beach City Council Members _- - — n D Fax: 714-374-1557 Date: May 6.2002 Phone: 714-536-5227 Pages: 2 Re: Agenda Item F4 CC: All City Council Members ❑Urgent 0 For Review ❑Please Comment ❑Please RePly ❑Please Recycle •Continents: 05/05/2002 22:12 17145365044 PETER H JANTZ PAGE 01 PETER H. & PRUDENCE A. JANTZ 8886 Plumas Circle, 41123ATY �- Huntington Beach, CA 92646-5767 CiCI1TC�_E OF i email: phj@DSLExtreme.com HllNTIIIG T Odd :;EACH. CA Tel & FAX (714) 536-5044 1001 MAY -May'\51, 2b62 CORRECTED COPY Mayor Debbie Cook and Council Members Ref. Agenda Item "74" Dear Members of the City Council It has come to our attention that you are thinking of appointing a "Citizens Commit- tee" of seven members (some may be council members) to look at fighting the FAIR Initiative. It is our further understanding that you are considering taking $50,000 out of the General Fund to finance this effort. To the extent our understanding is accurate, it brings to mind several questions. 1. Would a council and a Mayor opposed to the initiative appoint an objective com- mittee to look into the matter? 2. Would the expenditure of City Funds for this purpose be a case of using taxpayer dollars to fight the wishes of taxpayers? 3. Since the City Council has a vested interest in the "Status Quo", can they vote on this and not be tainted with insider dealing? Wouldn't this be similar to the ac- tions of a councilman who recently resigned and who plead guilty to a felony. 4. If the City Council did elect to spend City Punds to fight the FAIR initiative, would the Council not be subject to similar legal action? 5. Do you think it is possible for a sitting Council to officially touch the Initiative in any way, shape or form without subjecting themselves to criticism, at the least, and to prosecution, at the worst? We feel this initiative should go to the voters without the involvement of present office holders. The voters, after all, have the final word and are entitled to a fair represen- tation of the issues without the process being influenced by officials who have a vested interest in the outcome. Sincerely, Peter 14. Jantz Prudence A. Jantz COPY TO ALL COUNCIL MEMBERS, PLEASE. LP-Cc- comm AN)1CAT o From: Bob Po1ko;:+10/14j9o2-4810 To: City Clerk+1(714;374-15`_�7 'age 1 of 1, Monday, May 06, 2002 10:41an t T R�t Bob Polkow CITY OF HUNTINGTON BEACH, CA 21772 Oceanview Lane Huntington Beach,Ca 92646-8215 1001 MAY Fax 714 962-4810 —b P 12: 3 2 Home Phone 714 962-4810 Email RPolkow®aol.com May 06,2002 City Council Agenda Item No. F 4, 5 May 2002 I strongly object to the"Recommended Action"provisions to establish a committee to Adopt Resolution 200243/ The last sentence is a classic example of"gobbledegook." It states in the last two sentences: "Any member of the City Council or officer of the City may be a member of the committee_ Each member of the City Council shall appoint one member to the Committee." This, in effect, means that the present Council members can appoint each other(what a farce)or an officer of the city. 'Officers of the city is not defined; why? if the Council members appoint this officer what assurance do the people have that it will not be an individual sympathetic to what the current Council wants to force down the throats of the people?If the Council,indeed,has the interest of the people in mind the option on how each district should be represented and how the district representatives is voted for should be put on ballot and left for the people to decide. This ploy to pass cards under the table should not be tolerated. Once again,put the initiative on ballot and let the peoples voice be heard. Is this action by the Council an effort to circumvent Scott Baugh's action to end the rule by the Bolsa Chica and HBT groupies? RESPECTFULLY: BOB POLKOW,21772 Oceanview Lane,Huntington Beach,Ca 92646-8215 (714)9624810 COM M VA N c1��fii N CITY L+�i?K CITY OF Mayor Cook and City Council HUNTIHt,TON BEACH. CA 1001 MAY -b A11: 2p find it amazing that the more "Progressive" our government gets, the more oppressive it becomes. Prior to 1910, the great state of California was run by a corrupt group of men whose interests were those of self-wealth and power. As always, the people of California tired of this abuse of power and waste of tax dollars and voted in the Honorable Hiram Johnson. Johnson, while governor, introduced the concept of the citizens' initiative. This was specifically designed to allow voters to directly create laws or constitutional amendments. By using our dollars to fight an initiative is tantamount to gagging me with my own bandana. (this does sound a bit like robbery). You should have faith in the voting public of Huntington Beach - after all, they did vote all of YOU, except Ms. Winchell, into office. The bottom line is that you should not spend a dime of the city's money fighting the F.A.I.R. initiative (item F-4) and let the people decide what they want. We are a democratic republic and you are our representatives - not dictators. Respectfully Domenic lorfino 15932 Willett Ln. Huntington Beach, CA 92647 Cc Ralph Bauer Shirley Dettloff Peter Green Connie Boardman Pam Houchen Grace Winchell ICE �j 06GE-096 lL NVLG : O ! HE A ' AeN *05/06/02 10:34 FAX 3102315493 MPP - Technology Q 02 May 6, 2002 Mayor Debbie Cook and Council Members City of Huntington Beach Mayor and Council Members; I am in opposition to agenda item F-4 If the current council desires to fight the proposal let them spend their own money. With all of the current problems this city has, it would seem that any logical person could find something better to do with the$50,000 dollars. Again I am opposed to the council allocating$50,000, or any amount, to try and force theirrwwill on the voters. e .nneth L Rosser 711 Ocean Ave 4418 Huntington Beach, Ca. 92648 COPY: ALL COUNCIL MEMBERS UP�t Ca MM\AOI (� I �T� 05/06/02 10:34 FAX 3102315493 MPP - Technology Q 01 manatt Fax Transmission manatt I phelps I phillips Manatt,Phel3s&Phillips,LLP 11355 W.Olympic Boulevard,Los Angeles, California 90064 Telephone: 310.312.4000 Fax: 310.312.4224 Client\Matter: Time in: Fax Number: Confirmation Number. To: City Clerk 714-374-1557 From: Ken Rosser Date: May 6, 2002 Pages including cover: If you do not receive all of the pages please call (310)312-4203 as soon as possible. Thank you. Sender's Comments: Copy all council members ear C o 0 N --a ' CD--- �—� N n This message is intended only for the use of the individual or entity to which it is addressed,and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient you are hereby notified that any dissemination,distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above address via the U.S.postal service. Thank you. Operator Use Only Operator's Name Comments: Total Pages: Time transmission completed: a.m. p.m. CITY OF HUNTINGTON BEACH, CA 1001 MAY -b P 3 May 6, 2002 Mayor Debbie Cook and Council Members City of Huntington Beach Mayor and Council Members, I am in opposition to agenda item F-4 If the current council desires to fight the proposal let them spend their own money.With all of the current problems this city has, it would seem that city council members could find something better to do with the$50,000 dollars. I do not want our tax dollars fighting us,the citizens of Huntington Beach. Again I am opposed to the council allocating $50,000, or any amount, to try and force their will on the voters. Sincerely, ..�U Betty o ser 711 P fic Coast Highway,#418 Huntington Beach, Ca. 92648 COPY: ALL COUNCIL MEMBERS T� CD mM W �� CATIaN 1-" Betty Rosser 711 Pacific Coast Highway, #418 Huntington Beach, CA 92648 o C o -c r•- _ I C DATE: May 6, 2002 Cp -77 1 D # of sheets including cover: 2 TO: CITY CLERK FAX#: 714 374-1557 FROM. BETTYROSSER SUBJECT: AGENDA ITEM.F-4 COPY: ALL COUNCIL MEMBERS FROM : BILL FAX NO. : 7148410045 May. 06 2002 11:15AM P1 C11 CLERK CITY OF Bill Montgomery HUNTINGTON BEACH. CA 16372 Wishingwell Lane Huntington Beach,CA 92647 1001 MAY -b P 12 12 To: Debbie Cook,Mayor Council members: Ralph Bauer Connie Boardman Shirley Dettloff Peter Green Pam Julien Houchen Grace Wincheli Subject: Agenda Item F-4 I am upset that the Huntington Beach City Council is even considering a study for a Charter amendment regarding the"Councilmanic Districts"(or should it read,"Coucilmaniace'?). I am really outraged that you are proposing to appropriate$50,000 for outside services. You well know that petitions are being circulated for redistricting. The results should be a good indicator of the voice of the citizens of Huntington Beach. The wasteful expenditure is but one example of why so many of us have signed the redistricting petition. If the current council wants a study,pay for it yourselves. Sincerely, Bill Montgomery tN � Frorl Joe Jeffrey To:Mayor H.B.Ms.Dabble Cook Date:5/8/2002 Tlme:12-18-08 PM Page 2 of 2 Joseph A. Jeffrey 19371 Maidstone Lane. Huntington Beach, 92648 714/536-2780 jeffrey@socal.rr.com Monday; May 06, 2002 Ms. Debbie Cook, Mayor cc. All City Council menbers = Office of the City Council o e N 2000 Main Street Huntington Beach, CA 92648 City of Huntington Beach t o—+-< o- =-c The Recommended Action; for Item 4 F-4. on tonight's City Council agenda, calls for the > y=:' adoption of Resolution No. 2002-43. I think that it's commendable that the Council is i3 T going to look into and"Study"the need and/or desire to change the way that the City y n Council is elected. As you are all aware,there is currently a petition drive in progress that will solve all the questions raised in 2002-43, and the citizens of Huntington Beach will specify whether or not they want to change our method.of electing the Council, or leave the status quo. If the requisite number of signatures is not gathered,the petition will not qualify for the November ballot....no change wanted. If the required signatures are gathered,then the voters will have the opportunity to express their wishes, yea or nay, in November. As all of the concerns that are listed in the Resolution are addressed in the FAIR petition, I am suggesting that the Council not waste it's valuable time"Studying"a question that will be resolved by the electorate Items 2. &3. of the Resolution recommend that$50,000 be appropriated, from the General Fund and that a professional services agreement be executed. I ask you Why? Is the Council inferring that we have incompetent people on the City Staff? People that are not capable of advising and assisting the Council and the committee?If the answer is yes,then the Council must take action to get rid of the incompetents and replace them with qualified staff. If the answer is no, and I firmly believe that this is the case,then I find this need to hire"outside" consultants a slap in the face of our City Staff members. I beseech you to let the voters decide the "District" question and use our General Fund money to fix pot-holes, install some of the needed traffic signals, help resolve some of the street-sweeping problems, etc., etc. But please, do not use my tax dollars to"Study"a problem that will be resolved in the "good ole American way......at the ballot box. Sincerely, Joseph A. Jeffrey 1 Copy to All City Council Members ter(. C MOVWIC&_ DD N From JolJeffrey To:Mayor H.B.Ms.Dabble Cook Date:5/6/2002 The: 12:16:08 PM Page 1 of 2 FACSIMILE COVER Pi ;E To : Mayor H.B. Ms. Debbie Cook From : Joe Jeffrey Sent : 5/5/2002 at 12:13:30 PM Pages : 2 (including Cover) Subject Ms. Cook! Please see the attached and copy all the other council members. Thank you! Joe Jeffrey 0 c o ' CD--q CDs, i N = C-j ro I> e Proposed � , 5 Councilmember _ ' . : Districts r r ?, I CYty,of Huntington Beach S - � d h fff 1ri"". 3xuN1 # i gip" 4 s { M� qt" qq 115 0 115 Mlc4 1-1 Aru,fir^., saCt �trt Y't a1 ,j�f��`-`c a,:�'udP�G9 C5� ��r 2'zy �F j-x �-s Yr a¢ t�'�r i 2MIU 0 . •2ii(0.1 a1Ng1. Fm- NEI lint "^` k k 31, Ott, �A 4 x,,, District 1 � rt � .• S'& yl`�,7Y'f'"M {, ti n *�n a� Ala ,c Ra�ivk Dtstnct2 �,^!4`k 4�, Y. Y M�drl yy' y+P� a� F O District 3 � £3 District 4 "Rs %3W - �`..�. District 5 3'�` ......,,.... `` _. r� ;11 x'r c a K�sr '� i2raPfr Dlsti<C14 Sk5,:AFee,'. +71-Aotas"ar .'7n�,S'?' IIeB�R tS`'1t`�+'Ew'x't it��,F-va 1t � 7s � -'�S: SYar `� � ft`a r +�.tY."� rtlx't"m°;qs+'r x 1 138907507.11 3188.88 - ��. 2 141725241.73 3253.56 5 0845 167797906.78 3852.11 6 02 r,} i 4124503335.51 285820 44T „M 4 �t`rasT fi1�yar,� 3'.:do "+Yak _..ty j�', •x `'" r ` 't u d ra, 5 177561712 41 4078 72 6.37 . ih �. .'g' t.� � s, ra r t :f'rs'� �, �• ,� ,+ ?pC, r t. y z C,o � �41e�enme fn ` THE CITY OF HUNTINGTON BEACH MAP ON FILE WITH CITY CLERK CITY OF HUNTINGTON BEACH City Council Interoffice Communication 01-IS--o2 AGTIM To: Honorable Mayor and City Council Members 7-0 From: Ralph Bauer, Mayor Pro Tem eo Date: April 8, 2002 Subject: "H"ITEM FOR APRIL 15, 2002 CITY COUNCIL MEETING— CHARTER PROPOSAL TO REDUCE THE NUMBER OF COUNCIL MEMBERS STATEMENT OF ISSUE: It is proposed to form a citizens committee to deal with the charter proposal to reduce the number of Council Members from seven to five and have Council Members elected by district. RECOMMENDED ACTION: I move that the City Attorney provide information on how the Council can encourage the formation of a citizens committee to upY the proposed Council reduction proposal. RHB:cf xc: Ray Silver Connie Brockway _ Gail Hutton o ' CD � s Jo- 1 G� From: Bob Polkow Fax: +1(714)9i2-4810 To: City Clerk Fax: +1(714)374-1557 Page 1 of 1, Monday, April 15, 2002 11:28ant Facsimile Cover Sheet To: City Clerk s Company: o Phone: m , Fax: +1(714)374-1557 CD cµ CO r From: Bob Polkow � Company: K3 s Phone: +1(714) 962-4810 D Fax: +1(714)962-4810 Date: 4/15/02 Pages including this cover page: 1 Comments: Agenda Item Hla, 15 April 2002.It appears to me that Scott Baugh, a resident of Huntington Beach for a number of years, is thinking of our city's future. If we could have 5 council members that are interested in the future of the city it would be more appropriate than the 7 members we now have with several only interested in the Bolsa Chica (not in our city) or the wetlands and the birds. We need our elected officials to see to the needs of our city. Let private citizens fight for outside interests, but keep our elected officials out of it. They were elected to oversee our city. Reducing the council members to 5 would be more appropriate than the pro enviromentalist anti-growth group we now have. All portions of Huntington Beach need representation. Not just Birds and the Huntington Beach Harbour area. Thanks: Jean Polkow, 21772 Oceanview Lane, Huntington Beach, Ca 92646-6215 (714)962-4810