HomeMy WebLinkAboutConvening a Charter Review Committee of the City Council - S IWEAIZIED 7D
City of Huntington Beach Lu 7'AL76WAM5
File #: 21-656 MEETING DATE: 9/7/2021
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Oliver Chi, City Manager
PREPARED BY: Travis K Hopkins, Assistant City Manager
Subject:
Approve the formation of a 2021 Charter Revision Committee to conduct a review of the
Huntington Beach City Charter
Statement of Issue:
Per Section 804 of the Huntington Beach City Charter, the City Council must determine - at least
once every ten years - if there is a need to convene a citizen's Charter Revision Commission to
review the Charter and recommend proposed revisions. A review may allow the City to identify
sections of the Charter that might benefit from clarifications and revisions, as community priorities,
systems, and legislation evolve over time. The last Charter Revision Commission convened in 2010.
On August 3, 2021, the City Council directed that staff work to coordinate the development of a
Charter Revision Committee, and details related to the formation of the proposed committee are
outlined in this report.
Financial Impact:
Should the City Council decide to form a citizen's Charter Revision Committee, staff recommends
appointing a consultant to provide subject matter expertise and guidance throughout the revision
process. Services may cost up to $50,000, which can be absorbed in the current Fiscal Year 2021-
22 City's General Fund Budget.
Recommended Action:
Approve the formation of a 2021 Charter Revision Committee comprised of seven residents,
individually appointed by each City Council Member, and one Charter review consultant to provide
subject matter expertise and guidance throughout the process; direct the City Manager to enter into
an agreement with a qualified consultant.
Alternative Action(s):
Do not approve the recommendation and direct staff accordingly.
Analysis:
City of Huntington Beach Page 1 of 3 Printed on 9/1/2021
File #: 21-656 MEETING DATE: 9/7/2021
The Huntington Beach City Charter (Charter) establishes the fundamental laws, regulations, and
procedures pertaining to the City's governance and operations. However, as community priorities,
legislation, and systems evolve over time, the City of Huntington Beach, as well as other local
governments, intermittently revisit their Charter and identify areas that would benefit from
amendments and revisions to better serve the community. Per the Constitution of the State of
California, City Charter revisions may be proposed by the City Council or a citizen commission;
however, those revisions are not in effect unless approved by the majority of the local electorate in an
official election and filed with the Secretary of State.
While a majority of Charter Amendments had been initiated by the City Council, citizen Committees
present an opportunity for residents to also become involved in the process. Section 804 of the
Huntington Beach City Charter directs the City Council to determine - at least every ten years - if
there is a need to convene a citizen Charter Revision Committee. The last citizen Committee that
successfully completed this effort was formed by the City Council in December 2008 and submitted
several recommended revisions that were placed as ballot measures in the November 2010 Election
(see Attachment A - History of Charter Review Committees).
A detailed history of all Huntington Beach Charter Revision Committees and actions taken are
available under Attachment A. However, an abbreviated list that includes the Committee's formation
dates and structure is available below:
Date Range: From Name Committee Structure
Formation to Ballot
Measure
1/2019 to 8/2019 Charter Revision Ad-Hoc CommitteeAd-Hoc Committee: 3 Council
Duration: 6.5 months Members, City Manager, and City
Attorney
12/2008 to 11/2010 Charter Review Commission 15 Appointees: (7 Individual Council
Duration: 23 months Appointees and 8 At-Large
Appointees) & 1 Consultant
/2002 to 5/2002 Citizen's Committee to Study Councilman 7 Individual Council Appointees &
Committee not formed Districts via Charter Amendment 1 Consultant
11/1981 to 2/1982 Charter Revision Committee 7 Appointees (comprised of Former
Duration: 3 months Mayors)
9/1976 to 6/1978 City Charter Revision Committee 9 Appointees & 1 Consultant
Duration: 21 months
/1973 to 11/1973 Charter Revision Advisory Committee 7 At Large Appointees
Duration: 6-7 months
2/1971 to 6/1972 Charter Revision Committee 6 Appointees and 4 Alternates
Duration: 16 months
11/1969 Committee not Charter Revision Committee N/A
formed
3/1965 to 8/1965 Citizens' Charter Revision Committee 15 At Large Appointees & 1 Legal
Duration: 5 months Consultant
Since 1965, City Council has considered the formation of a citizen Committee on nine different
City of Huntington Beach Page 2 of 3 Printed on 9/1/2021
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File #: 21-656 MEETING DATE: 9/7/2021
occasions, with seven resulting in the formation of a citizen or ad-hoc committee. The table also
shows that the duration of the Charter Revision process undertaken by a Committee varies widely
with a rough average of 11.5 months across all instances. Lastly, past Committees have been
formed under varying structures as well, with a small majority represented by 7 at-large or individual
City Council appointees, as well as an outside consultant with the expertise to inform and guide the
Committee throughout the revision process and help draft ballot measure language.
Recommendation
Should the City Council decide to form a 2021 Charter Revision Committee, staff recommends a
Committee structure that can be formed efficiently and can undergo the Charter review process with
few barriers. As such, staff recommends selecting seven residents, each of whom are appointed by
one City Council Member who are certain of their availability, willingness to serve, and skills that can
be beneficial to Committee discussions and deliberations. Staff also recommends hiring an outside
consultant with extensive experience guiding government bodies through the review process in an
organized and efficient manner. Staff will oversee the consultant and ensure that all milestones are
met in order to meet the Committee's timeline.
Environmental Status:
None
Strategic Plan Goal:
Non Applicable - Administrative Item
Attachment(s):
1. History of Charter Revision Committees
City of Huntington Beach Page 3 of 3 Printed on 911/2021
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City Councill
Public Financing Authority ACTION AGENDA September 7, 2021
30. 21-653 Authorized and directed the City Manager to execute an Exclusive
Negotiating Agreement (ENA) with Ruby Hospitality Group. LLC
for 21 Main Street at the Huntington Beach Pier
Recommended Action:
Authorize and direct the City Manager to execute an Exclusive Negotiating Agreement (ENA)
with Ruby s Hospitality GFeup, LLQ in a form approved by the City Attorney, to negotiate the
terms of a lease agreement for 21 Main Street
Approved as amended to negotiate an ENA with Surf City Partners and allow Let's Go
Fishing to remain open while under negotiations.
Approved 6-1 (Peterson-No)
PUBLIC HEARING
31. 21-633 Cancelled Advertised Public Hearing Item 21-633 authorizing City staff to
apply for the Orange County Enhanced Mobility for Seniors and Disable
Grant Program (EMSD)
ADMINISTRATIVE ITEMS
32. 21-588 Approved American Rescue Plan Act (ARPA) Spending Plan Review and
Allocation
Recommended Action:
Approve the proposed ARPA funds spending plan for Huntington Beach. and direct staff to
prepare the necessary budget appropriate documents to facilitate the adopted program
Approved 7-0
33. 21-625 Provided Direction to Staff Regarding the Pier Plaza Art A-Faire Events
at Pier Plaza
Recommended Action:
Aj
B) Direct staff to issue an RFQ to identify the most qualified arts and craft fair operators and
return to City Council with a proposed operator and promotional agreement for consideration
Approved 5-1.1 (Peterson — No; Delgleize—Abstain)
34. 21-666 Approved formation of a 2021 Charter Revision Committee to conduct
a review of the Huntington Beach City Charter
0
City Council/
Public Financing Authority ACTION AGENDA September 7, 2021
Recommended Action:
Approve the formation of a 2021 Charter Revision Committee comprised of seven
residents, individually appointed by each City Council Member. and one Charter
review consultant to provide subject matter expertise and guidance throughout the
process: direct the City Manager to enter into an agreement with a qualified
consultant
Approved as amended to include 7 alternates - 7-0
ORDINANCES FOR INTRODUCTION
35. 11-t2 Approved for introduction Ordinance No. 4222 amending Chapter 8.40
of the Huntington Beach Municipal Code (HBMC) titled Noise Control
relating to the control of unnecessary, excessive, and annoying
sounds and protecting noise-sensitive land uses, ensuring land
use/noise compatibility, reducing noise from mobile sources, and
mitigating noise from construction, maintenance, and other sources
Recommended Action:
Approve for introduction Ordinance No 4222. "An Ordinance of the City of Huntington
Beach Amending Chapter 8.40 of the Huntington Beach Municipal Code Relating to Noise
Control - (Attachment 1)
Approved 7-0
COUNCILMEMBER ITEMS
36. 21-664 Approved Item Submitted by Mayor Carr and Mayor Pro Tern Delgleize -
Develop a Proposal for a Public Memorial Honoring Rick -Rockin' Fig"
Fignetti
Recommended Action:
Direct the Community Services Commission to work with the surfing community and the
leadership of the Greater Huntington Beach Interfaith Council to develop a proposal for a
public memorial honoring Rick "Rockin' Fig" Fignetti. Return to City Council within 120 days
to present the proposal for consideration Furthermore, staff will inform the Figneth Family
regarding the proposed memorial and seek their input throughout the process
Approved as amended to include the Historic Resources Board- 7-0
37. 21-659 Approved Item Submitted by Councilmember Kalmick - Conduct a Feasibility
Analysis regarding the possible relinquishment of Pacific Coast Highway
(PCH) to improve vehicle and pedestrian safety
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File #: 21-582 MEETING DATE: 8/3/2021
Submitted by Councilmember Posey - Convening a Charter Review Committee of the City
Council
I recommend that the City Council vote to direct the formation of a City Council Ad-Hoc Charter
Review Committee to develop and submit for consideration Charter update language.
City of Huntington Beach Page 1 of 1 Printed on 7282021
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CITY OF HUNTINGTON BEACH
CITY COUNCIL MEETING — COUNCIL MEMBER ITEMS REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: MIKE POSEY, CITY COUNCIL MEMBER
DATE: AUGUST 3, 2021
SUBJECT: CONVENING A CHARTER REVIEW COMMITTEE OF THE CITY COUNCIL
As evidenced by the recent City Council vacancy selection process, there are certain provisions
within the City's Charter that warrant review and reconsideration. For instance, Huntington
Beach City Charter Section 312 states that any vacancy on the City Council "shall be filled by
appointment by the City Council." Further, the Charter stipulates that if the City Council fails to
fill the "vacancy by appointment within sixty days after such office shall become vacant, the City
Council shall forthwith cause on election to be held to fill such vacancy for the remainder of the
unexpired term."
In an effort to strengthen our local democratic institutions, I am suggesting that a committee of
the City Council be convened to develop recommended updates to the City Charter, including
but not limited to a review of the vacancy appointment process. Through this City Council
committee, recommended updates would be developed and brought forward for full City Council
consideration. If the City Council then moves to adopt the proposed changes, the Charter
amendments would be put forward for voter consideration.
RECOMMENDED ACTION
I recommend that the City Council vote to direct the formation of a City Council Ad-Hoc Charter
Review Committee to develop and submit for consideration Charter update language.
190
City Council/ ACTION AGENDA August 3, 2021
Public Financing Authority
19. 21-549 Approved and authorized a 5-year Sole Source Agreement with Heli-Mart to
supply helicopter components to maintain the City's helicopter fleet
Recommended Action:
Approve and authorize the Mayor and City Clerk to authorize a Sole Source agreement with
Heli-Mart
Approved 6-0-1 (Peterson-Absent)
COUNCILMEMBER ITEMS
20. 21-578 Item Submitted by Mayor Carr Approved - Establish Annual "Rockin' Fig
Day" to Memorialize the Life of Local Legend Rick "Rockin' Fig" Fignetti
Recommended Action:
I recommend that the City Council establish "Rockin Fig Day to be commemorated annually
on the Saturday of Surf City Days event which is typically celebrated in September after
Labor Day.
Of note, this year's Surf City Days has been postponed to the weekend of October 9-10, due
to COVID-19 Therefore, the first Rockin' Fig Day, if approved. would take place on Saturday.
October 9. 2021
Approved 6-0-1 (Peterson-Absent)
21. 21-581 Item Submitted by Councilmember Posey Withdrawn -Direct-air Agertcy
Cost RedUGt on Rev PiA
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22. 21-582 Item Submitted by Councilmember Posey Approved as Amended -
Convene a Citizen's Charter Review Commission
Recommended Action:
I recommend that the City Council vote to direct the formation of a
Citizen's Charter Review Commission2nmm+ftee to develop and submit for consideration
Charter update language
Approved 6-0-1 (Peterson-Absent) as amended -- City Manager to return with
process recommendations on August 17. 2021
COUNCILMEMBER COMMENTS (Not Agendized)
Comments provided by Posey, Kalmick, Moser. Delgleize, and Carr
Switzer, Donna
From: Fikes, Cathy
Sent: Tuesday, August 3, 2021 10:06 AM
To: Agenda Alerts
Subject: FW: Let's Get Back to Business!
From:Spencer Hagaman <spencerchagaman@gmail.com>
Sent:Tuesday, August 3, 2021 10:01 AM
To: CITY COUNCIL<city.council@surfcity-hb.org>; Fikes,Cathy<CFikes@surfcity-hb.org>
Subject: Let's Get Back to Business!
To the City Council:
1 am excited for tonight's meeting as we return to working on the problems facing residents and the City. As we
turn a new chapter in the story of Huntington Beach, I have to believe that we are on the cusp of a Golden Age
here. After two tumultuous months, it is high time to get back to business and start solving problems and
finding solutions!
1 am looking forward to a robust discussion on a possible Charter Review tonight. This process is a healthy
check-up for our Charter and the people's democracy. I would like to see the Council make this a public
commission (such as in 2009-2010) rather than a committee composed of City Councilmembers. I believe this
better fits with Section 804 of the Charter, which calls for a "Citizens' Charter Review Commission," not a
Council committee, as well as previous precedent.
1'd also like to ask the Council to determine specifics of a Commission/Committee in order to prevent possible
ambiguities in the future. What should the size of the Charter Review Commission be? Who is eligible to serve?
What should the timeline and expiration date of the Commission be? When should the Commission bring back
a report for a Council discussion and vote?
I'm glad we are now in a position to discuss substantive issues facing the City. l thank you each for your time
and your service to our community. If you have any questions or comments, please do not hesitate to reach out.
Many thanks.
Spencer Hagaman
-Spencer Hagaman
spencerchaQaman(a',ginail.com 1 (714) 293 3572
SUPPLEMENTAL
COMMUNICATION
Mm*v Date: 8/3/l0-2./
Agenda fwm No.:
Switzer, Donna
From: Steven C Shepherd Architect <steve@shepherdarchitects.com>
Sent: Tuesday, August 3, 2021 1:57 PM
To: supplementalcomm@surfcity-hb.org
Subject: Agenda Item #22 Convening a Charter Review Committee of the City Council
August 3rd, 2021
City of Huntington Beach City Council —Supplemental Communication
Hello Council Members,
I am writing to express a few thoughts on agenda item #22, which pertains to the desire to form a committee to review
the Huntington Beach City Charter. While I favor ongoing review and reconsideration of all existing foundational
documents, I find this request and its timing to be either incredibly coincidental or just another political gambit played
for the benefit of recent city council critics.
The specific passage cited by Council member Posey in the opening paragraph of his Council Member Items Report is
something Huntington Beach residents have heard about many times since Mr. Ortii s resignation. Section 312 outlines
the procedure for replacing any vacancy on the City Council, first calling for the vacancy to be filled by appointment and,
if not by appointment, then by a special election. This provision seems sensible and somewhat common given that the
City of Costa Mesa City Council was recently tasked with appointing a new mayor. And ultimately, after applications
were submitted, interviews were held, and public comment was received, the Huntington Beach City Council held two
public sessions of council debate and selected a replacement. In the end, it all seemed to work the way it was supposed
to, and I commend the City for its handling of the replacement process.
So why in the very first City Council meeting since the appointment has Mr. Posey placed this item on the agenda, and
how is this an urgent priority? Has another city council member suggested they wish to resign?Or is this simply an
attempt to appease the loud and angry voices who feel hard done by not getting the replacement they'd hope for?
The time for political posturing, pandering, and appeasement should be over, and the Huntington Beach City Council
should focus on getting back to the tasks at hand. I urge you all to focus on the Strategic Goals set for our City back in
January and leave the politics for 2022.
Thank you.
Steve Shepherd
Huntington Beach 92646
SUPPLEMENTAL
COMMUNICATION
VAe*VDete:
Agenda Item NO.
Switzer, Donna
From: Frakes, Sandie
Sent: Thursday, July 29, 2021 1.10 PM
To: Agenda Alerts
Subject: FW: Do NOT Even Talk About Changing City Charter - Especially Regarding CITY
ATTORNEY!!!
From:jjreed85 <jjreed85@protonmail.com>
Sent:Thursday,July 29, 2021 9:04 AM
To:CITY COUNCIL<city.counciICa surfcity-hb.org>
Subject: Do NOT Even Talk About Changing City Charter- Especially Regarding CITY ATTORNEY!!!
Are you people out of your minds'? You've already blatantly ignored the will of the people once this week, and
now you are trying to change the city charter, and we all know it is to make the City Attorney position YOUR
personal choice yet again! This council is the LAST one 1 would want to even look at our city charter, let
alone try to change anything. Other than changing your ability to EVFR select anyone ever again, because we
saw how poorly that worked out this week- Feel free to give that choice back to the people as it SHOULD have
been.
But let's focus on,and assume, the real motive behind this, as we know it's been discussed before. The City
Attorney DOES NOT WORK FOR YOU!!!!!! fie works for all of US, as in the COLLECI'IVIi CITY and its
people, not the city council.
You need to leave Michael Gates alone! He is the ONLY, and I mean ONLY part of the city (aside from Erik
Peterson of course) that seems to actually give a crap about this city and the residents. The only position that 1
have actually been proud to watch work and get things done. YOU are the ones that keep trying his hands. I
FULLY support what he was doing to fight the State against more housing. Beyond that, he's always received
MORE VOTES than ANY OF YOU, even multiple council members combined! He has the trust of this
city, unlike our council members.
Stop doing stupid selfish things that only benefit YOU and focus on fixing the MANY MANY problems you
have created and ignored in this city. Ones that actually affect our every day lives. Homelessness, Over-
Building, Road Maintenance, Safety,Traffic (because you've already built WAY too much), Police & Fire's
ability to respond (because AGAIN you've built too much for our infrastructure). Stop with all of your-Teel
good' fluff(that by the way, only a VERY tiny percent of people care about), and get REAL things done that
matter to the people of this city.
DO YOUR JOBS!!!!!!!!!!!! I've NEVER been so embarrassed by a city council and manager in my entire life
(all of which has been in HB). I cannot fathom all of this absolute insanity that you have been pulling since this
new council was put in.
Sent with ProtonMail Secure Email.
SUPPLEMENTAL.
COMMUNICATION
Meeting Date.
Agenda Item No.: