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Home My WebLink AboutCharter Revision Committee's Proposed Recommendations ' 2000 Main Street, Huntington Beach, CA City of Huntington Beach 92648 v Ft File #: 22-479 MEETING DATE: 6/7/2022 Charter Revision Committee's Proposed Recommendations City of Huntington Beach Page 1 of 1 Printed on 6/1/2022 poweredIA Legistar"^ 6/7/2022 v�1T I N G T p \N,OPORAT Charter Revision ' = Committee Recommendations * Joint Study Session with City Council Fe. a' �O June 7, 2022 History - Charter ', `Crter and' Pleal}� AOinances ; ,.{ • The first Huntington Beach City Charter was established in 1909, when the City was , k, ` bfe incorporated. pity of 3 µ • Since then, it has been amended several times to ` untington Beach reflect the evolving priorities of our government Orange county and community. California • All Charter amendments must first be approved by the voters. S Ci SUPPLEMENTAL1909 Charter(printed in 1930) COMMUNICATION Meeting Date:,,,,,,_.,__ & / /Z 2 Agenda hem NO.- �� 6/7/2022 History - Committees wo�ql • Per Charter Section 804, the City Council is Opp required to determine at least once every 10 years if it should convene a Charter review committee. CITY,/HUNTINGTON BEACH • The Charter was last amended with the help of City Charter a citizen-led committee in 2010 and reviewed Incorporated February17,1909 by a staff-led committee in 2019. • In August 2021, the City Council formed the 2021-22 Charter Revision Committee to take up this work again. Had A Today's Charter 2021 -22 Charter Revision Committee • A 7-member Committee was appointed byApmritinq City City Council. Committee Members Council Member 1 Damon Mircheff(Chair) Natalie Moser 2 Charles CJ Ray ice Chair) Mike Posey • Convened on December 3 and continued 3 Cynthia Benton Rhonda Bolton to meet the 2nd and 4th Thursday of every 4 Casey McKeon Erik Peterson month until May 12. 5 Scott Miller Dan Kalmick 6 Leonie Mulvihill Kim Carr • Facilitated by Chair Damon Mircheff, Vice 7 Dianne Thompson Barbara Delgleize Chair Charles CJ Ray, staff liaison Catherine Jun, and Charter consultant Dr. Raphael Sonenshein, who also consulted on the 2010 Charter Committee. 2 6/7/2022 Committee Goals ❑ Address Charter-specific issues to promote good governance, government accountability, transparency, and representation of residents and taxpayers. ❑ Seek consensus to identify the most salient issues; propose straightforward and flexible amendments to address them. ❑ Establish elected and/or appointed officials with the appropriate authority, tools, and flexibility to effectively serve people that live, work, visit, and do business in Huntington Beach. ❑ Work in a manner that is efficient, effective, and economical for the Huntington Beach community. The Process The Committee focused primarily on identifying and deliberating on Charter issues to promote transparency, efficiency and inclusivity. The process was evenly applied across every analysis and led to decisions reflective of the Committee's diverse viewpoints. --------------- Section-by- Deliberate on Final Votes Section Review Each Agendized Section Deliberate once more Review every section on each straw vote, and call out any for Propose amended propose any discussion at a future language as needed final changes,and agenda;categorize as and conduct straw conduct final votes. Phase 1 or 2. votes. • 3 6/7/2022 The Process • The Committee identified 13 Phase 1 items and 12 Phase 2 items. • The Committee recommends 18 amendments to City Council. • Recommendations approved by City Council could be �U placed on the November 8, 2022 General Election ballot for voter approval. • To place items on the November ballot, the City must submit ballot materials to the Orange County Registrar's Office by August 12. Phase 1 Recommendations Items that may require changes involving syntax, outdated language,minor clarifications and changes. Charter Section Title Recommendation Final Section vote Syntax and Language Updates 1 303, (Various) Use gender neutral terms. Replace pronouns such as"he"with 7-0 400,801 "person"or the title being referred to. 2 300 City Council,Attorney,Clerk Replace outdated phrases("casting lots")with modern ones("random 7-0 and Treasurer.Terms drawing process")and establish a clearer process and timeframe to resolve ties in voting for elected positions. 3 303(a) Meetings and Location— Syntax adjustments to clarify the process of adjourning Council 7-0 Regular Meetings meetings. 4 303(d) Meetings and Location— Replace outdated phrases("executive sessions")with modern ones 7-0 Open Meetings that are used regularly("closed sessions"). 5 311,601 (Various) Replace references to"Director of Finance"with the updated title of 7-0 604 "Chief Financial Officer"which aligns with City's Organizational Chart. 6 312 Vacancies,Forfeitures and A minor wording change to clarify the pronoun"it"by replacing it with 7-0 Replacement "City Council",which is the entity that the pronoun is referring to. 4 6/7/2022 Phase 1 Recommendations Items that may require changes involving syntax, outdated language, minor clarifications and changes. Charter Section Title Recommendation Final Section Vote Minor Clarifications and Changes to City Processes 7 300 City Council,Attorney,Clerk Reset the initial election years for elected officials(currently 1966 and 7-0 and Treasurer.Terms 1968)to be more contemporary(2022 and 2024). 8 303(b) Meetings and Location— Add the use of"current technology"as one of several ways to 7-0 Special Meetings distribute meeting notices to City Council. 304 Quorums,Proceedings and Rules of Order-Quorum 9 804 Charter Review Require the Council to consider convening a Charter Review 7-0 Commission at least every ten years,a time interval that resets after the last review conducted by a Committee,Council or staff. Phase 2 Recommendations Items that may require more substantial changes to City policies,roles, and responsibilities. Charter Section Title Recommendation Final Section Vote Substantial Clarifications and Changes to City Processes(Various) 10 312 Vacancies,Forfeitures and Require at least 4 affirmative votes for Council to fill a Council vacancy. 6-1 Replacement Establish that appointees may only hold office until the next general municipal election is held to fill the remainder of the unexpired term for that position. 11 612 Public Utilities and Parks Add an exemption to this provision by allowing the replacement of 7-0 and Beaches existing equipment or infrastructure without triggering a Measure C vote.The replacement must not exceed the current footprint or height by more than 10%and must maintain its current use. 5 6/7/2022 Phase 2 Recommendations Items that may require more substantial changes to City policies, roles,and responsibilities. Section Charter Section Title Recommendation Final - Substantial Clarifications and Changes to City Roles(Elected Positions) 12 300 City Council,Attorney,Clerk Convert the City Clerk and Treasurer positions into appointed roles. 5-2 and Treasurer.Terms 13 300 City Council,Attorney,Clerk Convert the City Attorney position into an appointed role. 5-2 and Treasurer.Terms 14 300 City Council,Attorney,Clerk If the City Attorney position remains elected,set term limits similar to 4-3 and Treasurer.Terms City Council term limits. Phase 2 Recommendations Items that may require more substantial changes to City policies, roles,and responsibilities. Charter Section Title Recommendation Section Vote Substantial Clarifications and Changes to City Responsibilities 15 304 Quorums, Proceedings and Clarifies that all disagreements between the Council and Attorney 6-1 Rules of Order— regarding the presence of a conflict of interest in legal matters will be Proceedings decided by the Council. 16 309 City Attorney. Powers and Requires the City Attorney to have at least 10 years of experience 6-1 Duties practicing law in California prior to their election or appointment. 17 309 City Attorney.Powers and Clarifies and adds duties for the City Attorney: maintain all records in 6-1 Duties compliance with applicable laws;provide advice related to the Municipal Code and applicable laws; recuse oneself when there may be a conflict of interest.Also reiterates that the Council has control over all legal business and may employ other attorneys in the event of a City Attorney conflict. 16 310 City Clerk. Powers&Duties Requires minimum qualifications for the Clerk and Treasurer to be met 6-1 at the time of filing one's candidacy for election or application for 311 City Treasurer. Powers and appointment. Duties 6 6/7/2022 v\A I N G ro `N,3RPORAr �.� Charter Revision Committee Recommendations Joint Study Session with City Council June 7, 2022 UNTY C 7 H13CITY OF HUNTINGTON BEACH Memorandum to City Council 514JPP EMENTAL COMMUNICATION TO: Mayor and City Council Members Meetirig Cate:— FROM: Charter Revision Committee DATE: May 12, 2022 a1,ge Item Flo., d 2107_ SUBJECT: Final Report of the 2021-2022 Charter Revision Committee k�aO The Charter Revision Committee ("Committee') is pleased to transmit its final report to the City Council. We have examined approaches taken in other city charters, gathered public and staff input, and deliberated collegially before finalizing our recommended Charter amendments, which are detailed in this report. Please note that this report will also be presented as an Administrative Item at the June 7, 2022 City Council meeting, and the Committee looks forward to your deliberation. Last but not least, the Committee members thank the Council for this opportunity to serve our community and gain unparalleled insight into our City government. History of Charter Committees The first Huntington Beach City Charter was established when the City incorporated in 1909. Since then, the Charter has undergone several amendments to reflect the evolving priorities and operations of our local government. Following the adoption of a new Charter in 1965, the City convened eight separate citizen Committees and one Ad Hoc Committee that reviewed and recommended Charter amendments. Any amendments that were approved by the City Council were then placed on a ballot for voter approval. It should be noted that our Charter was last amended via a citizen-led Committee in 2010 (Attachment 1 — 2010 City Charter). The current Committee views the overall structure of this Charter to be sound and thanks previous Committees for their contributions to this foundational document. Formation Per Section 804 of the Charter, the City Council is required to determine at least once every 10 years if it should convene a Charter Revision Committee. On August 3, 2021, the City Council approved Council Member Mike Posey's recommendation to form a citizen-led Committee to conduct a Charter review and recommend changes as needed (Attachment 2 — H-Item Report). Each Council Member selected one Committee member: 2021-2022 Charter RevisionAppointing City Committee Mernh- • Member1 Damon Mircheff(Chair) Natalie Moser 2 Charles CJ Ray (Vice Chair) Mike Posey 3 Cynthia Benton Rhonda Bolton 4 Casey McKeon Erik Peterson 5 Scott Miller Dan Kalmick 6 Leonie Mulvihill Kim Carr 7 Dianne Thompson Barbara Delgleize Charter Revision Committee Final Report May 12, 2022 Page 2 of 6 The 2021-2022 Committee first convened on December 3, 2021 and continued to meet on the second and fourth Thursdays of every month until May 12, 2022 (Attachment 3 — Committee Workplan). On December 16, 2021, the Committee elected Damon Mircheff and CJ Ray as Chair and Vice Chair, respectively. Their primary duties have included preparing agendas with staff and consultant as well as facilitating Committee meetings. Their efforts contributed to collegial discussions, collaboration, and compromise. The Committee thanks Chair Mircheff and Vice Chair Ray for their leadership. Lastly the Committee was staffed by Assistant to the City Manager, Catherine Jun, and consultant, Dr. Raphael Sonenshein. Dr. Sonenshein previously advised the 2010 Huntington Beach Charter Review and conducted similar work for cities such as Los Angeles, Anaheim, Culver City, Burbank, Glendale and Tucson (Arizona). Ms. Jun and Dr. Sonenshein worked together to conduct comparative charter research, prepare meeting materials, coordinate presentations and speakers, and assist the Chair and Vice Chair with meeting facilitation. This Committee thanks Ms. Jun and Dr. Sonenshein for their support. Goals The Committee's goals included the following: • Address Charter-specific issues in a way that will promote government accountability, transparency, and representation of residents and taxpayers. • Seek consensus and compromise to identify the most salient issues; propose straightforward and flexible amendments to address them. • Establish elected and/or appointed officials with the appropriate authority, tools, and flexibility to effectively serve people that live, work, visit, and do business in Huntington Beach. • Work in a manner that is efficient, effective and economical for the Huntington Beach community. Process Throughout its tenure, the Committee focused first and foremost on the process of identifying and deliberating on Charter issues. This emphasis on process helped ensure that Committee discussions remained transparent, efficient, and inclusive. This process was applied evenly across every Charter analysis and led to decisions that were reflective of the Committee's diverse viewpoints. The Committee's process began with a section-by-section review with members calling out any areas that they wished to agendize for future discussion. In total, the Committee identified 25 potential Charter discussions that staff categorized into Phases: ➢ Phase 1: Addresses Charter issues that may require changes involving syntax, outdated language, minor clarifications, and other improvements that would not likely require significant deliberation. There were 13 Phase 1 items. ➢ Phase 2: Addresses Charter issues that may require significant changes to City policies, roles, and responsibilities and would require lengthier deliberation. There were 12 Phase 2 items. Charter Revision Committee Final Report May 12, 2022 Page 3 of 6 Committee members methodically reviewed each Charter issue beginning in Phase 1. Each review was preceded by research, input from relevant staff and consultant, and/or public comment, followed by Committee deliberation and a straw vote. The Committee determined that until all matters had been addressed, all votes should remain straw votes to make it possible to move forward, assess sentiment, and leave the door open for additional deliberation in the future. Depending on the Committee's direction, staff and consultant returned at subsequent meetings with additional research or proposed language for final consideration in Phase 3. ➢ Phase 3: Review all straw votes and proposed amended language for final review and consideration. Following deliberation, the Committee conducted final votes on each item for inclusion in this final report, which was approved by the Committee on May 12, 2022. Each meeting, phased item, straw and final votes can be found in the Committee's Work Plan and Tracking Sheet (Attachments 3 and 4). These materials were updated after each meeting and attached to every Committee agenda to ensure that the public could remain up to date on the Committee's progress. Timeline The Committee completed work under all Phases on time and according to its Workplan. It is the Committee's hope that the City Council will consider this report and recommendations on amendments to place on the November 2022 General Municipal Election ballot. The Committee's proposed timeline is below for your consideration: June 7, 2022 City Council to consider an Administrative Item to review the Committee's final report and recommendations to amend the Charter. Possibly consolidate and place any approved recommendations as a ballot measure at the November 8, 2022 General Election. June—July 2022 Staff, Consultant, City Clerk and City Attorney's Office develop ballot measure language and coordinate impartial analysis, arguments, and fiscal impact information (if any). August 12, 2022 Submit ballot measure materials to the County Registrar's Office before or by this date. November 8, 2022 County conducts 2022 General Elections. Charter Revision Committee Final Report May 12, 2022 Page 4 of 6 Final Recommendations The Committee's approved recommendations are listed below. A redlined version of the City Charter that incorporates these recommendations is available under Attachment 5. All other items that the Committee considered but did not recommend are described in the Committee's Tracking Document. For a record of all deliberations and votes, please reference the Committee's minutes (Attachment 6 - Minutes). Charter # Section Title Summary of the Recommendation Section 1 303, 400 (Various sections) Use gender neutral terms. 7-0 & 801 2 300 City Council, Attorney, Clerk Reset the initial election years for elected 7-0 and Treasurer. Terms officials (currently 1966 and 1968) to be more contemporary (2022 and 2024). 3 300 City Council, Attorney, Clerk Replace outdated phrases ("casting lots") 7-0 and Treasurer. Terms with modern ones ("random drawing process"). Establish a clearer process and timeframe to resolve ties in voting for elected positions. 4 300 City Council, Attorney, Clerk Convert the City Clerk and Treasurer 5-2 and Treasurer. Terms positions into appointed roles. 5 300 City Council, Attorney, Clerk Convert the City Attorney position into an 5-2 and Treasurer. Terms appointed role. 6 300 City Council, Attorney, Clerk If the City Attorney position remains elected, 4-3 and Treasurer. Terms set term limits similar to City Council term limits. 7 303(a) Meetings and Location - Syntax adjustments to clarify the process of 7-0 Regular Meetings adjourning/re-adjourning Council meetings. 8 303(b) Meetings and Location - Add the use of"current technology" as one of 7-0 Special Meetings several ways to distribute meeting notices to City Council. 304 Quorums, Proceedings and Rules of Order—Quorum 9 303(d) Meetings and Location— Replace outdated phrases ("executive 7-0 Open Meetings sessions")with modern ones that are used regularly ("closed sessions"). 10 304 Quorums, Proceedings and Clarifies that all disagreements between the 6-1 Rules of Order— Council and Attorney regarding the presence Proceedings of a conflict of interest in legal matters will be decided by the Council. Charter Revision Committee Final Report May 12, 2022 Page 5 of 6 Section# Charter of • • . • Vote Section 11 309 City Attorney. Powers and Requires the City Attorney to have at least 10 6-1 Duties years of experience practicing law in California prior to their election or appointment. 12 309 City Attorney. Powers and Adds duties for the City Attorney: maintain all 6-1 Duties records in compliance with applicable laws; provide advice related to the Municipal Code and applicable laws; recuse oneself when there may be a conflict of interest. Also reiterates that the Council will have control over all legal business and may employ other attorneys to manage legal matters. 13 310 City Clerk. Powers and Requires minimum qualifications for the Clerk 6-1 Duties and Treasurer to be met at the time of filing 311 one's candidacy for election or application for City Treasurer. Powers and appointment. Duties 14 311 Varies Replace the "Director of Finance"title with 7-0 601 "Chief Financial Officer"to align with the 604 City's Organizational Chart. 15 312 Vacancies, Forfeitures and Require at least 4 affirmative votes for 6-1 Replacement Council to fill a Council vacancy. Establish that appointees may only hold office until the next general municipal election is held to fill the remainder of the unexpired term for that position. 16 312 Vacancies, Forfeitures and A minor wording change to clarify the 7-0 Replacement— pronoun "it" by replacing it with "City Council". Re lacement 17 612 Public Utilities and Parks Add an exemption to this provision by 7-0 and Beaches allowing the replacement of existing equipment or infrastructure without triggering a Measure C vote. The replacement must not exceed the current footprint or height by more than 10% and must maintain its current use. 18 804 Charter Review Require the Council to consider convening a 7-0 Charter Review Commission at least every ten years, a time interval that resets after the last review conducted by a Committee, Council or staff. D=051gn ENWCpe ID:EEC T&30L3-C20"!E3-?=-8E3Z5E9 82C F 1 Charter Revision Committee Final Report May 12, 21122 Page 6 of f! 'With the transmission of this report, the Committee believes it has completed its objective. Should the City Council require additional work, the Committee is ready and Wiling to accept that assignment. Otherwise the Committee respectfully requests its dissolution, following the Chair and Vice Chaifs participation in the June 7, 2022 City Council meeting at which time they, with staff and consultant. will an sweer any q uestions the Council may have regarding this report. 'Ale thank the City Council for this unique opportunity to serve our community through the 2021- 2022 Charter review process. Sincerely, Ua-m`oin Miiit eff, Chair tU Chb&s key, Vice Chair 14 &.1f Illy, AugCon't- C y--It na H'.'n tj 4 a'r 13 . 2 iA:;�PS T; C 2fv�WAto-,i 4a,11.X21 1 Dr I FDT, Cynthia Benton, Member Casey McKeon, Member he L/ i"�' iT0�11--tIh6hipson, member Scott Mil[4r,IMember Leonie Mulvilhil, Member Dianne Cc: Sean Joyce. Interim City Manager Travis Hopkins, Assistant City Manager Catherine Jun, Assistant to the City Manager Raphael Sonenshein. Consultant Attachments: 1- City Charter 2- H-Item by Council Member Mike Posey and RCA 3- Committee Work plan 4- Committee Tracking Sheet S. Proposed 2022 City Charter with redlines 6. Comn-dttee Minutes 2010 CITY CHARTER - � j0 CITY OF HUNTINGTON BEACH CITY CHARTER Incorporated,February 17, 1909 (Election February 9, 1909;94 votes cast for incorporation and 25 votes against) CHARTER AMENDMENTS Effective Dates Charter Election Certified-Res. 773 Results 5/3/37....................5/17/37 Amendments...................................................................2/2/40 Amendments.................................................................1/29/47 Amendments.................................................................1/27/49 Amendments...................................................................5/9/49 Revised..................................................................................5/1/50 NewCharter..................................................................2/10/66 Amendments.................................................................1/18/71 Amendments...................................................................6/5/75 Amendments................................................................12/10/76 Amendments.................................................................7/17/78 Amendments..(Consolidation November)................................12/9/82 Amendments.................................................................12/7/84 Amendments.................................................................12/7/90 Amendments..................................................................4/22/02 Revised........(Certified by the Secretary of State 116111)............12/6/10 City of Huntington Beach City Charter Page 1 of 20 12/6/10 CITY CHARTER TABLE OF CONTENTS ARTICLE I.INCORPORATION AND POWERS OF THE CITY Section 100.Name Section 101.Seal Section 102.Boundaries Section 103.Powers of City Section 104.Construction Section 105. Intergovernmental Relations ARTICLE II.FORM OF GOVERNMENT Section 200.Council-Manager Form of Government ARTICLE III.ELECTIVE OFFICES Section 300.City Council,Attorney,Clerk and Treasurer.Terms Section 301.Powers Vested in City Council Section 302.Compensation Section 303.Meetings and Location Section 304.Quorums,Proceedings and Rules of Order Section 305.Presiding Officer Section 306.Mayor Pro Tempore Section 307.Non-interference with Administration Section 308.Official Bonds Section 309.City Attorney.Powers and Duties Section 310.City Clerk.Powers and Duties Section 311.City Treasurer.Powers and Duties Section 312.Vacancies,Forfeitures and Replacement Section 313.Conflict of Interest,Nepotism ARTICLE IV.APPOINTIVE OFFICES AND PERSONNEL Section 400.City Manager.Composition,Term,Eligibility,Removal Section 401.Powers and Duties Section 402.Acting City Manager Section 403.Personnel Section 404.Retirement System Section 405.Boards,Commissions and Committees ARTICLE V. ORDINANCES AND RESOLUTIONS Section 500.Regular Ordinances.Enactment,Adoption,Publication,Amendment, When Effective and Codification Section 501.Emergency Ordinances Section 502.Resolutions Section 503.Publishing of Legal Notices City of Huntington Beach City Charter Page 2 of 20 12/6/10 ARTICLE VI.FISCAL ADMINISTRATION Section 600.Fiscal Year Section 601.Annual Budget,Preparation by the City Manager Section 602.Annual Budget. Submission to the City Council Section 603.Annual Budget. Public Hearing Section 604.Annual Budget. Further Consideration and Adoption Section 605.Annual Budget Appropriations Section 606.Determination of City Tax Rate Section 607.Tax Limits Section 608.Vote Required for Tax Measures Section 609.Real Estate Transfer Tax Section 610. Bonded Debt Limit Section 611.Revenue Bonds Section 612. Public Utilities and Parks and Beaches Section 613.Execution of Contracts Section 614.Contracts on Public Works Section 615.Granting of Franchises Section 616. Independent Audit Section 617. Infrastructure Fund ARTICLE VIL ELECTIONS Section 700.General Municipal Elections Section 701. Special Municipal Elections Section 702.Procedure for Holding Elections Section 703. Initiative,Referendum and Recall Section 704.Nomination Papers ARTICLE VIII. MISCELLANEOUS Section 800.Transition Section 801.Definitions Section 802.Violations Section 803.Property Rights Protection Measure Section 804.Charter Review City of Huntington Beach City Charter Page 3 of 20 12/6/10 CHARTER We,the people of the City of Huntington Beach, State of California believe fiscal responsibility and the prudent stewardship of public funds is essential for confidence in government,that ethics and integrity are the foundation of public trust and that just governance is built upon these values.Through the enactment of this Charter as the fundamental law of the City of Huntington Beach under the Constitution of the State of California,we do hereby exercise the privilege of retaining for ourselves,the benefits of local government,by enacting the laws,rules,regulations and procedures set forth herein pertaining to the governance and operation of our City. It is incumbent upon those who govern and make decisions for and on behalf of the City of Huntington Beach to legally,as well as morally,abide by the provisions of this Charter, in its strictest sense,to assure the continued success and well-being of our fair City. ARTICLE I INCORPORATION AND POWERS OF THE CITY Section 100. NAME.The municipal corporation now existing and known as the City of Huntington Beach shall remain and continue to exist as a municipal corporation under its present name of"City of Huntington Beach." Section 101.SEAL.The City shall have an official seal which may be changed from time to time by ordinance.The present official seal shall continue to be the official seal of the City until changed in the manner stated. Section 102. BOUNDARIES.The boundaries of the City shall continue as now established until changed in the manner authorized by law. Section 103. POWERS OF CITY.The City shall have the power to make and enforce all laws and regulations in respect to municipal affairs, subject only to such restrictions and limitations as may be provided in this Charter or in the Constitution of the State of California. Section 104. CONSTRUCTION.The general grant of power to the City under this Charter shall be construed broadly in favor of the City.The specific provisions enumerated in this Charter are intended to be and shall be interpreted as limitations upon the general grant of power and shall be construed narrowly. If any provisions of this Charter,or the application thereof to any person or circumstance is held invalid, the remainder of the Charter and the application of such provision to other persons or circumstances,shall not be affected thereby. Section 105. INTERGOVERNMENTAL RELATIONS.The City may exercise any of its powers or perform any of its functions and may participate in the financing thereof,jointly or in cooperation,by contract or otherwise,with any one or more states or civil divisions or agencies thereof,or the United States or any agency thereof. ARTICLE II FORM OF GOVERNMENT Section 200.COUNCIL-MANAGER FORM OF GOVERNMENT.The municipal government provided by this Charter shall be known as the Council-Manager form of government. City of Huntington Beach City Charter Page 4 of 20 12/6/10 ARTICLE III ELECTIVE OFFICES Section 300. CITY COUNCIL,ATTORNEY,CLERK AND TREASURER.TERMS.The elective officers of the City shall consist of a City Council of seven members, a City Clerk,a City Treasurer and a City Attorney, all to be elected from the City at large at the times and in the manner provided in this Charter and who shall serve for terms of four years and until their respective successors qualify. Subject to the provisions of this Charter,the members of the City Council in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and until their successors are elected and qualified. Four members of the City Council shall be elected at the general municipal election held in 1966,and each fourth year thereafter.Three members of the City Council shall be elected at the general municipal election held in 1968,and each fourth year thereafter.No person shall be elected as a member of the City Council for more than two consecutive terms and no person who has been a member for more than two years of a term to which some other person was elected a member shall be elected to the City Council more than one further consecutive term. Subject to the provisions of this Charter,the City Clerk,City Treasurer and City Attorney in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and the qualification of their successors.A City Clerk and City Treasurer shall be elected at the general municipal election held in 1968,and each fourth year thereafter.A City Attorney shall be elected in 1966,and each fourth year thereafter. The term of each member of the City Council,the City Clerk,the City Treasurer and the City Attorney shall commence on the first Monday following the certification of the election.Ties in voting among candidates for office shall be settled by the casting of lots. If no candidate meets the qualifications for office of the City Clerk,City Treasurer, or City Attorney,the City Council shall fill that position by appointment until the next municipal general election in which a qualified candidate is elected. Section 301. POWERS VESTED IN CITY COUNCIL.All powers of the City shall be vested in the City Council except as otherwise provided in this Charter. Section 302.COMPENSATION.The members of the City Council including the Mayor shall receive as compensation for their services as such a monthly salary in the sum of One Hundred Seventy-five Dollars per month. In addition,each member of the City Council shall receive reimbursement on order of the City Council for Council authorized traveling and other expenses when on official duty upon submission of itemized expense accounts therefor. In addition,members shall receive such reasonable and adequate amounts as may be established by ordinance,which amounts shall be deemed to be reimbursement to them of other routine and ordinary expenses, losses and costs imposed upon them by virtue of their serving as City Councilpersons. Section 303. MEETINGS AND LOCATION. (a) Regular Meetings.The City Council shall hold regular meetings at least twice each month at such time as it shall fix by ordinance or resolution and may adjourn or re-adjourn any regular meeting to a date and hour certain which shall be specified in the order of adjournment and when so adjourned each adjourned meeting shall be a regular meeting for all purposes. If the hour to which a meeting is adjourned is not stated in the order of adjournment, such meeting shall be held at the hour for holding regular meetings. If at any time any regular meeting falls on a holiday such regular meeting shall be held on the next business day. (b) Special Meetings.A special meeting may be called at any time by the Mayor,or by a majority of the members of the City Council,by written notice to each member of the City Council and to each local newspaper of general circulation, radio or television station requesting notice in writing. Such City of Huntington Beach City Charter Page 5 of 20 12/6/10 notice must be delivered personally or by mail at least twenty-four hours before the time of such meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted.No other business shall be considered at such meeting. If any person entitled to such written notice files a written waiver of notice with the City Clerk, it may be dispensed with.This notice requirement shall be considered fulfilled as to any person who is actually present at the meeting at the time it convenes. In the event of an emergency affecting the public peace,health or safety,a special meeting may be called as provided in this section with less than twenty-four hours written notice by the Mayor Pro Tern in the Mayor's absence or by any member of the City Council in the absence of both the Mayor and Mayor Pro Tem provided that the nature of the emergency is set forth in the minutes of the meeting. (c) Place of Meetings.All regular meetings shall be held in the Council Chambers of the City or in such place within the City to which any such meeting may be adjourned. If,by reason of fire, flood or other emergency, it shall be unsafe to meet in the place designated,the meetings may be held for the duration of the emergency at such place within the City as is designated by the Mayor,or, if he should fail to act,by a majority of the members of the City Council. (d) Open Meetings.All regular and special meetings of the City Council shall be open and public,and all persons shall be permitted to attend such meetings,except that the provisions of this section shall not apply to executive sessions. Subject to the rules governing the conduct of City Council meetings,no person shall be denied the right to be heard by the City Council. (e) Dissemination of Information.The City Council shall adopt rules to ensure thorough and timely dissemination of information via current technology by resolution. Section 304. QUORUMS,PROCEEDINGS AND RULES OF ORDER. (a) Quorum.A majority of the members of the City Council shall constitute a quorum to do business but a lesser number may adjourn from time to time. In the absence of all the members of the City Council from any regular meeting or adjourned regular meeting,the City Clerk may declare the same adjourned to a stated day and hour.The City Clerk shall cause written notice of a meeting adjourned by less than a quorum or by the City Clerk to be delivered personally or by mail to each Council member at least twenty-four hours before the time to which the meeting is adjourned,or such notice may be dispensed with in the same manner as specified in this Charter for dispensing with notice of special meetings of the City Council. (b) Proceedings.The City Council shall judge the qualification of its members as set forth by the Charter. It shall judge all election returns.Each member of the City Council shall have the power to administer oaths and affirmations in any investigation or proceeding pending before the City Council. The City Council shall have the power and authority to compel the attendance of witnesses,to examine them under oath and to compel the production of evidence before it. Subpoenas shall be issued in the name of the City and be attested by the City Clerk.They shall be served and complied with in the same manner as subpoenas in civil actions. Disobedience of such subpoenas,or the refusal to testify(upon other than constitutional grounds),shall constitute a misdemeanor,and shall be punishable in the same manner as violations of this Charter are punishable.The City Council shall have control of all legal business and proceedings and all property of the legal department,and may employ other attorneys to take charge of or may contract for any prosecution, litigation or other legal matter or business. (c) Rules of Order.The City Council shall establish rules for the conduct of its proceedings and evict or prosecute any member or other person for disorderly conduct at any of its meetings. Upon adoption of any ordinance,resolution,or order for payment of money,or upon the demand of any City of Huntington Beach City Charter Page 6 of 20 1216/10 member,the City Clerk shall call the roll and shall cause the ayes and noes taken on the question to be entered in the minutes of the meeting. Section 305. PRESIDING OFFICER.At the Council meeting at which any Council member is installed following any general or special municipal election,and at any time when there is a vacancy in the office of Mayor,the City Council shall meet and shall elect one of its members as its presiding officer,who shall have the title of Mayor.The Mayor may make and second motions and shall have a voice and vote in all its proceedings.The Mayor shall be the official head of the City for all ceremonial purposes; shall have the primary but not the exclusive responsibility for interpreting the policies,programs and needs of the City government to the people,and as occasion requires,may inform the people of any major change in policy or program; and shall perform such other duties consistent with the office as may be prescribed by this Charter or as may be imposed by the City Council. The Mayor shall serve in such capacity at the pleasure of the City Council. Section 306.MAYOR PRO TEMPORE.The City Council shall also designate one of its members as Mayor Pro Tempore,who shall serve in such capacity at the pleasure of the City Council.The Mayor Pro Tempore shall perform the duties of the Mayor during the Mayor's absence or disability or at the Mayor's request. Section 307.NON-INTERFERENCE WITH ADMINISTRATION. Except as otherwise provided in this Charter,no member of the City Council shall order,directly or indirectly, the appointment by the City Manager, or by any of the department heads in administrative service of the City,of any person to any office or employment,or removal therefrom. Except for the purpose of investigation and inquiry,the members of the City Council shall deal with the administrative service under the jurisdiction of the City Manager solely through the City Manager,and no member of the City Council shall give orders to any subordinate of the City Manager,either publicly or privately. No elected department head or staff of the Office of the elected department head shall be a member of the management negotiation team for the purposes of negotiations of memorandums of understanding with the employee bargaining units. Section 308. OFFICIAL BONDS.The City Council shall fix by ordinance or resolution the amounts and terms of the official bonds of all officials or employees who are required by this Charter or by ordinance to give such bonds.All bonds shall be executed by responsible corporate surety,shall be approved as to form by the City Attorney, and shall be filed with the City Clerk.Premiums on official bonds shall be paid by the City.A blanket bond may be used if it provides the same protection as the required separate bond would provide. In all cases wherein an employee of the City is required to furnish a faithful performance bond,there shall be no personal liability upon,or any right to recover against,the employee's superior officer or other officer or employee or the bond of the latter,unless such superior officer,or other officer or employee is a party to the act or omission, or has conspired in the wrongful act directly or indirectly causing the loss. Section 309. CITY ATTORNEY. POWERS AND DUTIES.To become and remain eligible for City Attorney the person elected or appointed shall have graduated from a law school accredited by the American Bar Association,be an attorney at law,duly licensed as such under the laws of the State of California,shall have been engaged in the practice of law in this State for at least five years prior to their election or appointment.The City Attorney shall have the power and may be required to: (a) Represent and advise the City Council and all City officers in all matters of law pertaining to their offices. City of Huntington Beach City Charter Page 7 of 20 12/6/10 (b) Prosecute on behalf of the people any or all criminal cases arising from violation of the provisions of this Charter or of City ordinances and such state misdemeanors as the City has the power to prosecute, unless otherwise provided by the City Council. (c) Represent and appear for the City in any or all actions or proceedings in which the City is concerned or is a party,and represent and appear for any City officer or employee,or former City officer or employee, in any or all civil actions or proceedings in which such officer or employee is concerned or is a party for any act arising out of their employment or by reason of their official capacity. (d) Attend all regular meetings of the City Council,unless excused, and give their advice or opinion orally or in writing whenever requested to do so by the City Council or by any of the boards or officers of the City. (e) Approve in writing the form of all contracts made by and all bonds and insurance given to the City. (f) Prepare any and all proposed ordinances and City Council resolutions and amendments thereto. (g) Devote such time to the duties of their office and at such place as may be specified by the City Council. (h) Perform such legal functions and duties incident to the execution of the foregoing powers as may be necessary. (i) Surrender to their successor all books,papers, files, and documents pertaining to the City's affairs. 0)Assist and cooperate with the City Manager consistent with Section 403 of the City Charter. (k) Provide advice related to compliance with the City Charter to all elected and appointed officials of the City. Section 310. CITY CLERK. POWERS AND DUTIES.To become and remain eligible for City Clerk, the person elected or appointed shall have a Bachelor's Degree in business,public administration,or a related field,and hold a certification as a Municipal Clerk or obtain such certification within the first three years in office.The City Clerk shall have the power and shall be required to: (a) Attend all meetings of the City Council,unless excused,and be responsible for the recording and maintaining of a full and true record of all of the proceedings of the City Council in records that shall bear appropriate titles and be devoted to such purpose. (b) Maintain separate records, in which shall be recorded respectively all ordinances and resolutions,with the certificate of the Clerk annexed to each thereof stating the same to be the original or a correct copy,and as to an ordinance requiring publication,stating that the same has been published or posted in accordance with this Charter. (c) Maintain separate records of all written contracts and official bonds. (d) Keep all records in their possession properly indexed and open to public inspection when not in actual use. (e) Be the custodian of the seal of the City. City of Huntington Beach City Charter Page 8 of 20 12/6/10 (f) Administer oaths or affirmations,take affidavits and depositions pertaining to the affairs and business of the City and certify copies of official records. (g) Be ex officio Assessor, unless the City Council,has availed itself,or does in the future avail itself,of the provisions of the general laws of the State relative to the assessment of property and the collection of City taxes by county officers,or unless the City Council by ordinance provides otherwise. (h) Have charge of all City elections. (i) Perform such other duties consistent with this Charter as may be required by ordinance or resolution of the City Council. 0) Assist and cooperate with the City Manager consistent with Section 403 of the City Charter. The City Clerk may,subject to the approval of the City Council,appoint such deputy or deputies to assist them or act for them,at such salaries or compensation as the Council may by ordinance or resolution prescribe. Section 311.CITY TREASURER. POWERS AND DUTIES.To become and remain eligible for City Treasurer,the person elected or appointed shall have a minimum of five years of financial and/or treasury experience,and have either: A Master's Degree in accounting, finance,business,or public administration;or A Bachelor's Degree in accounting, finance,business,or public administration with certification by the California Municipal Treasurer's Association,or their successor,within three years of election or appointment. The City Treasurer shall have the power and shall be required to: (a) Receive on behalf of the City all taxes,assessments, license fees and other revenues of the City,or for the collection of which the City is responsible,and receive all taxes or other money receivable by the City from the County,State or Federal governments,or from any court,or from any office,department or agency of the City. (b) Have and keep custody of all public funds belonging to or under control of the City or any office,department or agency of the City government and deposit or cause to be deposited all funds coming into their hands in such depository as may be designated by resolution of the City Council,or, if no such resolution be adopted,then in such depository designated in writing by the City Manager,and in compliance with all of the provisions of the State Constitution and laws of the State governing the handling,depositing and securing of public funds. (c) Pay out moneys only on proper orders or warrants in the manner provided for in this Charter. (d) Prepare and submit to the Director of Finance monthly written reports of all receipts, disbursements and fund balances,and shall file copies of such reports with the City Manager and City Council. (e) Perform such other duties consistent with this Charter as may be required by ordinance or resolution of the City Council. City of Huntington Beach City Charter Page 9 of 20 12/6/10 (f) Assist and cooperate with the City Manager consistent with Section 403 of the City Charter. The City Treasurer may,subject to the approval of the City Council,appoint such deputy or deputies to assist them or act for them,at such salaries or compensation as the Council may by ordinance or resolution prescribe. Section 312.VACANCIES,FORFEITURES AND REPLACEMENT. (a) Vacancies.A vacancy in the City Council or in any other office designated as elective by this Charter, from whatever cause arising, shall be filled by appointment by the City Council. (b) Forfeiture. If a member of the City Council is absent from all regular meetings of the City Council for a period of thirty consecutive days from and after the last regular City Council meeting attended by such member,unless by permission of the City Council expressed in its official minutes,the office shall become vacant. If an elected City officer pleads guilty or no contest to or is convicted of a felony or any crime of moral turpitude,or ceases to be an elector of the City,the office shall become vacant.The City Council shall declare the existence of such vacancy.Any elective officer of the City who shall accept or retain any other elective public office,except as provided in this Charter,shall be deemed thereby to have vacated the office under the City Government. (c) Replacement. In the event it shall fail to fill a vacancy by appointment within sixty days after such office shall become vacant,the City Council shall forthwith cause an election to be held to fill such vacancy for the remainder of the unexpired term. Section 313.CONFLICT OF INTEREST,NEPOTISM. (a) Conflict of Interest.The City Council shall adopt or approve rules and regulations regulating conflicts of interest and promoting fair dealing in all City business. (b) Nepotism.The City Council shall not appoint to a salaried position under the City government any person who is a relative by blood or marriage within the third degree of any one or more of the members of such City Council,nor shall the City Manager or any department head or other officer having appointive power appoint any relative of such person or of any Council member within such degree to any such position. This provision shall not affect the employment or promotional status of a person who has attained a salaried position with the City prior to the existence of a situation contemplated by this provision; however,Council members or officers with appointive powers in such a situation shall disqualify themselves from all decisions affecting the employment and promotional status of such person. ARTICLE IV APPOINTIVE OFFICES AND PERSONNEL Section 400.CITY MANAGER.COMPOSITION,TERM,ELIGIBILITY,REMOVAL. (a) Composition.There shall be a City Manager who shall be the chief administrative officer of the City. (b) Term.The City Manager shall be appointed by the affirmative vote of at least a majority of the members of the City Council and shall serve at the pleasure of the City Council;provided, however,that the person occupying the office shall not be removed from office except as herein provided. City of Huntington Beach City Charter Page 10 of 20 12/6/10 (c) Eligibility.The City Manager shall be chosen on the basis of executive and administrative qualifications,with special reference to actual experience in and knowledge of accepted practice as regards the duties of the office as herein set forth.No person shall be eligible to be appointed City Manager or Acting City Manager while serving as a member of the City Council nor within one year following the termination of membership on the City Council. (d) Removal. The City Manager shall not be removed from office during or within a period of ninety days next succeeding any municipal election at which a member of the City Council is elected. At any other time the City Manager may be removed only at a regular meeting of the City Council and upon the affirmative vote of a majority of the members of the City Council. At least thirty days prior to the effective date of removal,the City Manager shall be furnished with a written notice stating the Council's intentions and,if requested by the City Manager,the reasons therefor. Within seven days after receipt of such notice,the City Manager may by written notification to the City Clerk request a public hearing before the City Council, in which event the Council shall fix a time for a public hearing which shall be held at its regular meeting place before the expiration of the thirty-day period above referred to. The City Manager shall appear and be heard at such hearing.After furnishing the City Manager with written notice of the intended removal,the City Council may suspend the City Manager from duty,but his compensation shall continue until removal as herein provided. In removing the City Manager,the City Council shall use its uncontrolled discretion and its action shall be final and shall not depend upon any particular showing or degree of proof at the hearing,the purpose of which is to allow the City Council and the City Manager to present to each other and to the public all pertinent facts prior to the final action of removal. Section 401. POWERS AND DUTIES. Except as otherwise provided in this Charter,the City Manager shall be responsible to the City Council for the proper administration of all affairs of the City. Without limiting this general grant of powers and responsibilities,the City Manager shall have the power and be required to: (a) Appoint,promote,demote, suspend or remove department heads,officers and employees of the City except elective officers and the Chief of Police.The Chief of Police shall not be appointed or removed until the City Manager shall first have reviewed such appointment or removal with the City Council and have received approval for such appointment or removal by a majority vote of the full City Council. (b) Prepare the budget annually,submit it to the City Council,and be responsible for its administration upon adoption. (c) Prepare and submit to the City Council as of the end of each fiscal year, a complete report on the finances of the City,and annually or more frequently,a current report of the principal administrative activities of the City. (d) Keep the City Council advised of the financial condition and future needs of the City and make such recommendations as may seem desirable. (e) Maintain a centralized purchasing system for all City offices,departments and agencies. (f) Prepare,administer and enforce rules and regulations recommended to and adopted by the City Council governing the contracting for,purchase, inspection,storage, inventory,distribution and disposal of all supplies,materials and equipment required by any office,department or agency of the City government. (g) Be responsible for the compliance by the City with the laws of the State pertaining to the City,the provisions of this Charter and the ordinances, franchises and rights of the City. City of Huntington Beach City Charter Page 11 of 20 12/6/10 Subject to policy established by the City Council,exercise control of all administrative offices and departments of the City and of all appointive officers and employees,and prescribe such general rules and regulations as deemed necessary or proper for the general conduct of the administrative offices and departments of the City under their jurisdiction. (h) Perform such other duties consistent with this Charter as may be required by the City Council. Section 402.ACTING CITY MANAGER. During any temporary absence or disability of the City Manager,the City Manager shall appoint one of the other officers or department heads of the City to serve as Acting City Manager. In the event the City Manager fails to make such appointment,such appointment may be made by the City Council. Section 403. PERSONNEL. In addition to the City Council,a City Clerk,a City Treasurer,a City Attorney and City Manager,the officers and employees of the City shall consist of such other officers, assistants,deputies and employees as the City Council may provide by ordinance or resolution.The City Council shall establish such reasonable compensation and fringe benefits as are appropriate by ordinance or resolution for such offices,officials and employees except as herein provided. The City Council shall maintain by ordinance a comprehensive personnel system for the City.The City Manager and any officers designated as elective by the Charter shall be exempt.The system shall consist of the establishment of minimum standards of employment and qualifications for the various classes of employment and procedures to be followed in advancement,demotion, suspension and discharge of employees included within the system,as the City Council shall determine to be for the best interest of the public service.The ordinance shall designate the appointive officers and employees who shall be included within the system. By subsequent ordinances the City Council may amend the system or the list of appointive officers and employees included within the system.The system shall comply with all other provisions of this Charter. It shall be the duty of all department heads,whether appointed or elected,to assist and cooperate with the City Manager in administering the affairs of the City in the most efficient,fiscally responsible,and harmonious manner consistent with the duties as prescribed by law,City Charter,or by ordinance. Section 404.RETIREMENT SYSTEM.The City shall participate in a retirement system. Section 405. BOARDS,COMMISSIONS AND COMMITTEES.The City Council shall establish such boards,commissions and committees as are deemed necessary for the orderly functioning of the City.All such boards,commissions and committees shall report directly to the City Council. ARTICLE V ORDINANCES AND RESOLUTIONS Section 500. REGULAR ORDINANCES. ENACTMENT,ADOPTION,PUBLICATION, AMENDMENT,WHEN EFFECTIVE AND CODIFICATION. (a) Enactment. In addition to such other acts of the City Council as are required by this Charter to be taken by ordinance,every act of the City Council establishing a fine or other penalty, or granting a franchise, shall be by ordinance.The enacting clause of all ordinances shall be substantially as follows: "The City Council of the City of Huntington Beach does ordain as follows:"No order for the payment of money shall be adopted or made at other than a regular or adjourned regular meeting.Upon introduction,an ordinance shall be read by title only. Unless a higher vote is required by other provisions of this Charter,the affirmative vote of at least four of the City Council shall be required for the enactment of any ordinance or for the making or approving of any order for the payment of money.All ordinances shall be signed by the Mayor and attested by the City Clerk. City of Huntington Beach City Charter Page 12 of 20 12/6/10 (b) Adoption.A regular ordinance shall be adopted only at a regular or adjourned regular meeting held no less than five days after its introduction. In the event that any ordinance is altered after its introduction,it shall be finally adopted only at a regular or adjourned regular meeting held no less than five days after the date it was so altered. The correction of typographical or clerical errors shall not constitute the making of an alteration within the meaning of the foregoing sentence. (c) Publication.The City Clerk shall cause each ordinance to be posted in three places designated by the City Council within the City and to be published by title with a brief summary at least once within fifteen days after its adoption in a daily,semiweekly or weekly newspaper,published in the County or the City and circulated in the City,which is selected by the City Council for that purpose. Current technology shall be used to ensure the widest possible dissemination. (d) Amendment.The amendment of any section or subsection of an ordinance may be accomplished solely by the re-enactment of such section or subsection at length,as amended. (e) When Effective.Every ordinance shall become effective thirty days from and after the date of its adoption,except the following,which shall take effect upon adoption: (1) An ordinance calling or otherwise relating to an election; (2) An improvement proceeding ordinance adopted under some special law or procedural ordinance relating thereto; (3) An ordinance declaring the amount of money necessary to be raised by taxation, or fixing the rate of property taxation,or levying the annual tax upon property. (4) An emergency ordinance adopted in the manner provided in this Charter. (f) Codification.Detailed regulations pertaining to any subject and comprehensive codifications of valid ordinances may be adopted by reference,with the same effect as an ordinance, in the manner set forth herein;however,such regulations and codifications need not be published in the manner required for other ordinances,but not less than three copies thereof shall be filed for use and examination by the public in the office of the City Clerk prior to adoption. Ordinances codified shall be repealed as of the effective date of the codification.Amendments to the code shall be enacted by ordinance. Section 501. EMERGENCY ORDINANCES.Any ordinance declared by the City Council to be necessary as an emergency measure for the immediate preservation of the public peace,health,or safety, and containing a statement of the reasons for its urgency,may be adopted in the manner provided in Section 500 except that such emergency ordinance may be introduced,enacted and adopted at one and the same regular or special meeting and shall take effect immediately upon adoption if passed by at least five affirmative votes.An emergency ordinance shall expire automatically after 120 days. Section 502. RESOLUTIONS.The City Council may act by resolution or minute order in all actions not required by this Charter to be taken by ordinance. Section 503. PUBLISHING OF LEGAL NOTICES.The City Council shall cause to be published all legal notices and other matters required to be published by law in a daily,semiweekly or weekly newspaper published in the County or the City and circulated in the City which is selected by the City Council for that purpose and using current technology.No defect or irregularity in proceedings taken under this section shall invalidate any publication where it is otherwise in conformity with this Charter or law or ordinance. City of Huntington Beach City Charter Page 13 of 20 12/6/10 ARTICLE VI FISCAL ADMINISTRATION Section 600. FISCAL YEAR.The fiscal year of the City shall be as set forth by resolution of the City Council. Section 601.ANNUAL BUDGET,PREPARATION BY THE CITY MANAGER.At such date as the City Manager shall determine,each board or commission and each department head shall furnish to the City Manager,personally,or through the Director of Finance,estimates of the department's,board's or commission's revenue and expenditures for the ensuing fiscal year,detailed in such manner as may be prescribed by the City Manager. In preparing the proposed budget,the City Manager shall review the estimates,hold conferences thereon with the respective department heads,boards or commissions as necessary, and may revise the estimates as may be deemed advisable. Section 602.ANNUAL BUDGET. SUBMISSION TO THE CITY COUNCIL.The City Manager shall submit the proposed budget to the City Council at least thirty days prior to the beginning of each fiscal year.After reviewing the proposed budget and making such revisions as it may deem advisable,the City Council shall hold a public hearing thereon at least fifteen days prior to the beginning of each fiscal year and shall cause to be published a notice thereof not less than ten days prior to said hearing.Copies of the proposed budget shall be available for inspection by the public in the office of the City Clerk at least ten days prior to said hearing. Section 603. ANNUAL BUDGET. PUBLIC HEARING.At the time so advertised or at any time to which such public hearing shall from time to time be adjourned,the City Council shall hold a public hearing on the proposed budget,at which interested persons desiring to be heard shall be given such opportunity. Section 604. ANNUAL BUDGET. FURTHER CONSIDERATION AND ADOPTION.At the conclusion of the public hearing the City Council shall further consider the proposed budget and make any revisions thereof that it may deem advisable and on or before the last day of the fiscal year it shall adopt the budget with revisions,if any,by the affirmative vote of at least a majority of the total members of the Council. Upon final adoption,the budget shall be in effect for the ensuing fiscal year. Copies thereof,certified by the City Clerk, shall be filed with the City Manager,Director of Finance,City Treasurer and the person retained by the City Council to perform the post audit function,and a further copy shall be placed,and shall remain on file in the office of the City Clerk where it shall be available for public inspection. The budget so certified shall be reproduced and copies made available for the use of the public and of departments,offices and agencies of the City. Section 605. ANNUAL BUDGET APPROPRIATIONS.From the effective date of the budget,the several amounts stated therein as proposed expenditures shall be and become appropriated to the several departments,offices and agencies for the respective objects and purposes therein named; provided, however,that the City Manager may transfer funds from one object or purpose to another within the same department, office or agency.All appropriations shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered. At any public meeting after the adoption of the budget,the City Council may amend or supplement the budget by motion adopted by the affirmative vote of at least a majority of the total members of the City Council. Section 606. DETERMINATION OF CITY TAX RATE.The City Council shall prescribe by ordinance for the assessment, levy and collection of taxes upon property which is taxable for municipal purposes. If the City Council fails to fix the rate and levy taxes on or before August 31 in any year,the rate for the next preceding fiscal year shall thereupon be automatically adopted and a tax at such rate shall be deemed to have been levied on all taxable property in the City for the current fiscal year. City of Huntington Beach City Charter Page 14 of 20 12/6110 Section 607.TAX LIMITS. (a) The City Council shall not levy a property tax for municipal purposes in excess of One Dollar annually on each One Hundred Dollars of the assessed value of taxable property in the City,except as otherwise provided in this section,unless authorized by the affirmative vote of a majority of the electors voting on a proposition to increase such levy at any election at which the question of such additional levy for municipal purposes is submitted to the electors.The number of years that such additional levy is to be made shall be specified in such proposition. (b) There shall be levied and collected at the same time and in the same manner as other property taxes for municipal purposes are levied and collected,as additional taxes not subject to the above limitation,if no other provision for payment thereof is made: 1. A tax sufficient to meet all liabilities of the City of principal and interest of all bonds and judgments due and unpaid, or to become due during the ensuing fiscal year,which constitute general obligations of the City;and 2. A tax sufficient to meet all obligations of the City for the retirement system in which the City participates,due and unpaid or to become due during the ensuing fiscal year. (c) Special levies, in addition to the above and not subject to the above limitation,may be made annually,based on City Council approved estimates,for the following specific purposes,but not to exceed the following respective limits for those purposes for which limits are herein set forth,to wit: parks and recreation and human services not to exceed$0.20 per One Hundred Dollars; Libraries not to exceed$0.15 per One Hundred Dollars;promotional interests and cultural affairs not to exceed$0.07 per One Hundred Dollars;and civil defense and disaster preparedness not to exceed$0.03 per One Hundred Dollars.The proceeds of any special levy shall be used for no other purpose than that specified. Section 608. VOTE REQUIRED FOR TAX MEASURES.No tax,property tax,or other measure whose principal purpose is the raising of revenue,or any increase in the amount thereof, shall be levied, enacted or established except by ordinance adopted by the affirmative vote of at least five(5)members of the City Council;provided,however,that any tax levied or collected pursuant to Section 607(b)of this Charter shall be exempt from the minimum voting requirement of this section. This section shall not apply to any license,permit,or any other fee or charge whose principal purpose is to pay or reimburse the City for the cost of performing any regulatory function of the City under its police power in connection with the City's duty to preserve or maintain the public peace,health, safety and welfare. This section shall not apply to any user or service fee or charge provided such fee or charge is directly related to such use or service,is charged to the user or person receiving such service,and is to pay or reimburse the City for the costs of providing such use or service. This section shall not apply to any fee or charge relating to any franchise or proprietary function of the City. Section 609. REAL ESTATE TRANSFER TAX.The City Council shall not levy a tax on the transfer or conveyance of any interest in real property unless authorized by the affirmative vote of a majority of the electors voting on a proposition submitted to the electors to authorize such tax at a general or special election. City of Huntington Beach City Charter Page 15 of 20 12/6/10 Section 610. BONDED DEBT LIMIT.The City shall not incur an indebtedness evidenced by general obligation bonds which shall in the aggregate exceed the sum of 12 percent of the total assessed valuation, for purposes of City taxation,of all the real and personal property within the City. No bonded indebtedness which shall constitute a general obligation of the City may be created unless authorized by the affirmative vote of the majority required by law of the electors voting on such proposition at any election at which the question is submitted to the electors. Section 611. REVENUE BONDS. Bonds which are payable only out of such revenues,other than taxes, as may be specified in such bonds,may be issued when the City Council by ordinance shall have established a procedure for the issuance of such bonds. Such bonds,payable only out of revenues,shall not constitute an indebtedness or general obligation of the City.No such bonds payable out of revenues shall be issued without the assent of the majority of the voters voting upon the proposition for issuing the same at an election at which such proposition shall have been duly submitted to the registered voters of the City. It shall be competent for the City to make contracts and covenants for the benefit of the holders of any such bonds payable only from revenues and which shall not constitute a general obligation of the City for the establishment of a fund or funds,for the maintaining of adequate rates or charges, for restrictions upon further indebtedness payable out of the same fund or revenues, for restrictions upon transfer out of such fund,and other appropriate covenants. Money placed in any such special fund for the payment of principal and/or interest on any issue of such bonds or to assure the application thereof to a specific purpose shall not be expended for any other purpose whatever except for the purpose for which such special funds were established and shall be deemed segregated from all other funds of the City and reserved exclusively for the purpose for which such special fund was established until the purpose of its establishment shall have been fully accomplished. Section 612. PUBLIC UTILITIES AND PARKS AND BEACHES. (a) No public utility or park or beach or portion thereof now or hereafter owned or operated by the City shall be sold,leased,exchanged or otherwise transferred or disposed of unless authorized by the affirmative votes of at least a majority of the total membership of the City Council and by the affirmative vote of at least a majority of the electors voting on such proposition at a general or special election at which such proposition is submitted. (b) No golf course,driving range,road,building over three thousand square feet in floor area nor structure costing more than$161,000.00 may be built on or in any park or beach or portion thereof now or hereafter owned or operated by the City unless authorized by the affirmative votes of at least a majority of the total membership of the City Council and by the affirmative vote of at least a majority of the electors voting on such proposition at a general or special election at which such proposition is submitted after the appropriate environmental assessment,conceptual cost estimate,and reasonable project description has been completed and widely disseminated to the public. Effective January 1,2011, and each year thereafter,the maximum cost will be adjusted by the Consumer Price Index for the Los Angeles-Riverside-Orange County area. (c) Section 612(a)and 612(b)shall not apply; (1) to libraries or piers; (2) to any lease,franchise,concession agreement or other contract where; - the contract is to perform an act or provide a service in a public park or beach AND - such act was being performed or service provided at the same location prior to January 1, 1989 AND City of Huntington Beach City Charter Page 16 of 20 12/6110 - the proposed lease, franchise,concession agreement or other contract would not increase the amount of parkland or beach dedicated to or used by the party performing such act or providing such service. (3) to above ground public works utility structures under 3,000 square feet; (4) to underground public works utility structures if park or beach use is not impeded; (5) to any public works construction,maintenance or repair mandated by state or federal law that does not negatively impact recreational opportunities; or (6) to renewable energy projects that do not negatively impact recreational opportunities. (d) If any section,subsection,part,subpart,paragraph,clause or phrase of this amendment, or any amendment or revision of this amendment, is for any reason held to be invalid or unconstitutional, the remaining sections, subsections,parts, subparts,paragraphs,clauses or phrases shall not be affected but shall remain in full force and effect. Section 613. EXECUTION OF CONTRACTS.Except as hereinafter provided,the City shall be bound by a contract only if it is made in writing,approved by the City Council and signed on behalf of the City by the Mayor and City Clerk or by a City officer designated by the City Council and only upon the direction of the City Council. Exceptions to this procedure are as follows: (a) By ordinance or resolution the City Council may authorize the City Manager or other officer to bind the City,with or without a written contract, for the acquisition of equipment,materials, supplies,labor, services or other items included within the budget approved by the City Council, and may impose a monetary limit upon such authority. (b) By ordinance or resolution,the City Council may provide a method for the sale or exchange of personal property not needed in the City service or not fit for the purpose for which intended, and for the conveyance of title thereto. (c) Contracts for the sale of the products,commodities or services of any public utility owned,controlled or operated by the City may be made by the manager of such utility or by the head of the department or City Manager upon forms approved by the City Manager and at rates fixed by the City Council. Section 614.CONTRACTS ON PUBLIC WORKS.Except as hereinafter expressly provided,every contract involving an expenditure as set forth by ordinance of the City Council for the construction or improvement(excluding maintenance and repair)of public buildings,works,streets,drains,sewers, utilities,parks and playgrounds,and each separate purchase of materials or supplies for the same,where the expenditure required for such purchase shall exceed the amount set by ordinance, shall be let to the lowest responsible bidder after notice by publication in accordance with Section 503 by two or more insertions,the first of which shall be at least ten days before the time for opening bids. The City Council may reject any and all bids presented and may readvertise in its discretion.After rejecting bids,or if no bids are received,or without advertising for bids if the total amount of the contract or project is below the amount set by ordinance,the City Council may declare and determine that in its opinion,the work in question may be performed better or more economically by the City with its own employees,or that the materials or supplies may be purchased at lower price in the open market,and after the adoption of a resolution to this effect by the affirmative vote of a majority of the total members of the City of Huntington Beach City Charter Page 17 of 20 12/6/10 City Council,it may proceed to have said work done or such materials or supplies purchased in the manner stated without further observance of the provisions of this section. All public works contracts exceeding the amount set by ordinance may be let and purchases exceeding the amount set by ordinance may be made without advertising for bids if such work or the purchase of such materials or supplies shall be deemed by the City Council to be of urgent necessity for the preservation of life,health,or property and shall be authorized by at least five affirmative votes of the City Council. Projects for the extension,replacement or expansion of the transmission or distribution system of any existing public utility operated by the City or for the purchase of supplies or equipment for any such project or any such utility may be excepted from the requirements of this section by the affirmative vote of a majority of the total members of the City Council. Section 615.GRANTING OF FRANCHISES.The City Council shall by ordinance regulate the granting of franchises for the City. Section 616. INDEPENDENT AUDIT.The City Council shall provide for an independent annual audit of all City accounts and may provide for such more frequent audits as it deems necessary. Such audits shall be made by a certified public accountant or firm of such accountants who have no personal interest, direct or indirect, in the fiscal affairs of the City government or any of its officers.The Council may, without requiring competitive bids,designate such accountant or firm annually provided that the designation for any particular fiscal year shall be made no later than thirty days after the beginning of such fiscal year.As soon as practicable after the end of the fiscal year,a final audit and report shall be submitted by such accountant to the City Council,one copy thereof to be distributed to each member. Additional copies of the audit shall be placed on file in the office of the City Clerk where they shall be available for inspection by the general public,and a copy of the financial statement as of the close of the fiscal year shall be published in the official newspaper. Section 617. INFRASTRUCTURE FUND. (a)All revenue raised by vote of the electors or imposed by vote of the City Council on or after March 5,2002, by a measure which states that the revenue to be raised is for the purpose of infrastructure, as said term is defined in this paragraph, shall be placed in a separate fund entitled"Infrastructure Fund." The term "Infrastructure" shall mean long-lived capital assets that normally are stationary in nature and normally can be preserved for significantly greater number of years.They include storm drains,storm water pump stations, alleys,streets,highways,curbs and gutters,sidewalks,bridges,street trees, landscaped medians,parks,beach facilities,playgrounds,traffic signals,streetlights,block walls along arterial highways, and all public buildings and public ways. Interest earned on monies in the Infrastructure Fund shall accrue to that account. Monies in said Fund shall be utilized only for direct costs relating to infrastructure improvements or maintenance, including construction,design,engineering, project management, inspection,contract administration and property acquisition.Monies in said Fund shall not be transferred, loaned or otherwise encumbered for any other purpose. (b)Revenues placed in the Infrastructure Fund shall not supplant existing infrastructure funding. The average percentage of general fund revenues utilized for infrastructure improvements and maintenance, for the five-(5)year period of 1996 to 2001,is and was 14.95%. Expenditures for infrastructure improvements and maintenance,subsequent to 2001, shall not be reduced below 15%of general fund revenues based on a five-(5)year rolling average. (c)The City Council shall by ordinance establish a Citizens Infrastructure Advisory Board to conduct an annual review and performance audit of the Infrastructure Fund and report its findings to the City Council prior to adoption of the following fiscal-year budget. City of Huntington Beach City Charter Page 18 of 20 12/6/10 ARTICLE VII ELECTIONS Section 700.GENERAL MUNICIPAL ELECTIONS.General municipal elections shall be held in the city on the first Tuesday after the first Monday in November in each even-numbered year. Section 701. SPECIAL MUNICIPAL ELECTIONS.All other municipal elections that may be held by authority of this Charter,or of any law, shall be known as special municipal elections. Section 702. PROCEDURE FOR HOLDING ELECTIONS.All elections shall be held in accordance with the provisions of the Elections Code of the State of California,as the same now exists or hereafter may be amended, for the holding of municipal elections,so far as the same are not in conflict with this Charter. Section 703. INITIATIVE,REFERENDUM AND RECALL.There are hereby reserved to the electors of the City the powers of the initiative and referendum and of the recall of municipal elective officers. The provisions of the Elections Code of the State of California,as the same now exists or hereafter may be amended,governing the initiative and referendum and the recall of municipal officers,shall apply to the use thereof in the City so far as such provisions of the Elections Code are not in conflict with the provisions of this Charter. Section 704. NOMINATION PAPERS.Nomination papers for candidates for elective municipal office must be signed by not less than twenty nor more than thirty electors of the City. ARTICLE VIII MISCELLANEOUS Section 800.TRANSITION.Elective officers and elective officers whose offices are made appointive of the City shall continue to hold such offices until the completion of their current terms and the election or appointment and qualification of their respective successors under this Charter.All boards,commissions and committees presently in existence shall continue to act in accordance with their original grant of authority until such time as the City Council adopts appropriate ordinances pertaining to their activities or for one year,whichever occurs first.All lawful ordinances,resolutions,rules and regulations,and portions thereof, in force at the time this Charter takes effect and not in conflict or inconsistent herewith, are hereby continued in force until the same shall have been duly repealed,amended,changed or superseded by proper authority. Section 801. DEFINITIONS. Unless the provisions or the context otherwise requires, as used in this Charter: (a) "Shall" is mandatory,and"may" is permissive. (b) "City" is the City of Huntington Beach and"department," "board," "commission," "agency," 'officer," or"employee" is a department,board,commission,agency,officer or employee, as the case may be,of the City of Huntington Beach. (c) "County" is the County of Orange. (d) "State" is the State of California. (e) The masculine includes the feminine and the feminine includes the masculine. (f) The singular includes the plural and the plural the singular. City of Huntington Beach City Charter Page 19 of 20 1216/10 (g) 'Person" includes firm and corporation. Section 802. VIOLATIONS.The violation of any provision of this Charter shall be a misdemeanor. Section 803. PROPERTY RIGHTS PROTECTION MEASURE. (a) The City shall not enact or enforce any measure which mandates the price or other consideration payable to the owner in connection with the sale, lease, rent,exchange or other transfer by the owner of real property.Any such measure is hereby repealed. (b) The word"mandates" as used in subsection(a)includes any measure taken by ordinance, resolution,administrative regulation or other action of the City to establish,continue,implement or enforce any control or system of controls on the price or other terms on which real property in the city may be offered,sold,leased,rented,exchanged or otherwise transferred by its owner.The words "real property" as used in subsection(a)refer to any parcel of land or site,either improved or unimproved, on which a dwelling unit or residential accommodation is or may be situated for use as a home,residence or sleeping place. (c) This Section 803 shall not apply to: (1) any real property which contains serious health, safety, fire or building code violations,excluding those caused by disasters, for which a civil or criminal citation has been issued by the City and remains unabated for six months or longer; (2) any real property owned by a public entity,and real property where the owner has agreed by contract with the public entity, including the City and any of its related agencies,to accept a financial contribution or other tangible benefit including without limitation,assistance under the Community Redevelopment Law; (3) any planning or zoning power of the City as relates to the use,occupancy or improvement of real property and to any real property which the City or any of its related agencies may acquire by eminent domain,purchase,grant or donation; (4) any power of the City to require a business license for the sale or rental of real property, whether for regulation or general revenue purposes; (5) any dwelling unit or accommodation in any hotel,motel or other facility when the transient occupancy of that dwelling unit or accommodation is subject to a transient occupancy tax;or (6) to impair the obligation of any contract entered into prior to the enactment of this Section 803 or otherwise required by State law. Section 804. CHARTER REVIEW.The City Council shall determine if there is a need to convene a citizen's Charter Review Commission to conduct a review of the City Charter no less frequently than every ten years. City of Huntington Beach City Charter Page 20 of 20 1216/10 ATTACHMENT 2 AUGUST 3, 2021 H-ITEM BY COUNCIL MEMBER POSEY AND RCA TO FORM THE CHARTER REVISION COMMITTEE 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 /1T,4 EAJ1)&D To City of Huntington Beach 1AI?Lu1aE ?-*-7b i-1+TE5 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 S50,000. 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: vt Huntington Beach Page 1 of 3 Printed on 91I/Ml ocw WOPA L"-Slar- 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 1111981 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 ocwerFV*Legistar- 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 9/1/2021 powere47.5 Legjsw"' History-Huntington Beach Charter Revision Committees September 7, 2021 City "The City Council shall determine If there Is a need to convene Sec ion 804Charter: a citizen's Charter Review Commission to conduct a review of Section Sf14 the City Charter no less frequently than every ten years:' Important Note: Not all Charrer Amendments are reflected in this chart. Some Amendments have been made via City Council direction or citiien petition,and followed by a vote of the electorate,as the California Constitution allows. Date Name Timellne From Committee CommIttee Formatlon to Structure Ballot Measure 1/2019 Charter Revision Ad-Hoc Committee Ad-Hoc Committee: In January 2019,Council Member Posey submitted an H-Item Following meetings with the ad hoc committee,the to proposing a Charter Review Committee. Committee made recommended revisions which were 8/2019 3 Council Members, primarily administrative in nature. The recommendations City Manager,and In rebruary 2019,the City Attorney led a Study Session and were not moved forward. Duration: City Attorney recommended an ad hoc committee in lieu of a Charter Review 6.5 months Committee comprised of 3 Council Members,the City Manager and City Attorney. The ad hoc was approved by Council. 12/2008 Charter Review Commission 15 Appointees: In December 2008,Council Member Bohr submitted an H-Item November 2010 Election Results: 'to 7individual proposing a Charter Amendment Committee. 11/2010 Council Appointees and Approved 8At•targe Staff led a Study Session and recommended the formation of a 15 Measure N-Huntington Beach Charter Amendments Duration: Appointees member committee. In June-July 2009,the City received 45 23 months 1 Consultant applications for the 8 at-large positions and interviewed Failed approximately half. Appointments for all 15 members followed Measure 0-Huntington Beach Infrastructure Fund Sec thereafter. 617 Amendment In June 2010,select revisions proposed by the Commission were approved and placed on the November 2010 Ballot. 4/2002 Citizen's Committee to Study 7 Individual Council In April 2002,City Council directed the City Attorney to examine the The Committee was not formed,following discussion at a to Councilman Districts via Charter Appointees possibility of forming a Committee. The Committee was formed and May 2002 City Council Meeting, Some Council Members 5/2002 Amendment initially proposed reducing the number of Council seats to S and to opposed a Committee due to the potential cost. 1 Consultant establish districts. Committee was not formed J 476 History-Huntington Beach Charter Revision Committees September 7,2021 OutcomeDate Range: From Committee Committee . . Ballot Measure 11/1981 Charter Revision Committee 7 Appointees The Committee presented its recommended Charter revisions to the Following a Study Session in December 1981,the City to (comprised o/ City Council in November 1981. Records do not indicate what those Council conducted a Public Hearing in January 1982,but 2/1982 Former hleyorsf recommendations entailed. chose not to take further action on the revision. The Committee was later thanked for their work and dissolved in Duration:3 months February 1982. 9/1976 City Charter Revision Committee 9 Appointees Fallowing the Committee's formation in September 1976,Appointees June 6,1978 Election Results: to met several times to present several proposed revisions including . 6/1978 1 Consultant Consecutive term limits for Council,their compensation,and Approved converting certain elected positions into appointive ones. 1.Prop D-Housekeeping Revisions Duration: 2.Prop E-Consecutive Term Limits for Council 21 months Study Sessions and Hearings were conducted throughout the Winter 1977-78. With the help of a consultant,ballot measures for the Failed recommendations were prepared for the June 1978 Ballot. 1. Prop F-Compensation for City Council 2. Prop G-J-Appointive Attorney,Treasurer and Clerk 4/1973 Charter Revision Advisory 7 At Large Appointees Following the Committee's formation in April 1973,Appointees November 6,1973 Election Results: to Committee proposed a Charter revision to convert the Clerk,Attorney,and 11/1973 Treasurer positions into appointed positions. Failed Props A-C: Appointive Attorney,Treasurer,Clerk Duration: The recommendation was approved by the Council in August 1973 6.7 months and placed on the November 1973 ballot. 2/1971 Charter Revision Committee 6 Appointees and Following the Committee's formation in February 1971,the June 6, 1972 Election Results: to 4 Alternates Appointees recommended providing compensation for the Council, 6/1972 Clerk,&Treasurer as provided by the CA Gov't Code. Failed Measure D-Compensation for Council,Clerk, Vreasur� Duration: The recommendation was approved by the Council in December 1971 16 months and placed on the June 6, 1972 ballot. 11/1969 Charter Revision Committee N/A In November 1969,Mayor Green suggested a Charter Revision 65) Committee. Following further discussion,the recommendation was Commitree was not tabled after deciding revisions should be vetted by the City Admin loaned and Attorney instead. 3/1965 Citizens'Charter Revision 15 At Large Following its formation in March 1965,the Committee recommended August 10,1965 Election Results: to Committee Appointees reformatting the Council so it consists of 1 Mayor at-large and 6 8/1965 members by district. Failed 1 Legal Consultant Proposed Charter Amendment: Reformat the Council to Duration: 'the City Council approved the recommendation to be placed on the consist of 1 mayor voted at large and 6 members by district. 5 rnonths August 1965 ballot. 2 477 ATTACHMENT 3 CHARTER REVISION COMMITTEE WORKPLAN 2021-22 Charter Revision Committee Work Plan Phase No. Mtg Date Work Plan Activity Status 1 12/3/2021 Committee introductions and orientation Complete 2 Regulatory requirements for citizen-led boards and committees Complete 3 Role and Purpose of the Charter Revision Committee Complete 4 Finalize Committee calendar and meeting cadence Complete 5 12/16/2021 Chair and Vice Chair Elections Complete 6 Committee's voting rules to approve a motion for City Council consideration Complete L 7 Review the City Charter; understand the types of issues relegated to the Charter vs. other arenas and municipal tools Complete d 8 Review 2010 Charter revisions; review initial City Departmental Recommendations Complete C E 9 Categorize simpler Charter items in Phase 1; items requiring substantial debate to Phase 2; all other matters to Phase 3 Complete Q 9 p q 9 p 10 Review, amend (as needed), and adopt the Committee draft workplan Complete 11 Review, amend (as needed), and finalize draft tracking sheet to manage Committee motions and actions Complete 12 1/13/2022 Review staff/consultant report and research on Phase 1 Items and City Departmental Recommendations Complete 13 Discuss Phase 1 Items and Departmental Recommendations, preliminarily approve one or more via straw vote Complete 14 Review Phase 2 items and direct staff to provide research and additional information for the next meeting Complete 15 1/27/2022 Review and deliberate on Phase 2 issues; preliminary approve one or more via straw vote Complete m r 16 2/10/2022 Review and deliberate on Phase 2 issues; preliminarily approve one or more via straw vote Complete N U N- 17 2/24/2022 Review and deliberate on Phase 2 issues, preliminary approve one or more via straw vote Complete a� a 18 3/10/2022 Review and deliberate on Phase 2 issues; preliminarily approve one or more via straw vote Complete 19 3/24/2022 Review and deliberate on Phase 2 issues, preliminary approve one or more via straw vote Complete 21 4/14/2022 Deliberate on all straw votes and conduct final votes on each. Instruct staff to prepare a final report for the Committee's consideration. Complete " 0 23 4/26/2022 Continue conducting final votes on remaining items. Instruct staff to prepare a final report for the Committee's consideration. Complete y a 24 5/2/2022 Staff will publicly notice the 5/12/22 agenda packet with the final report. Complete 25 5/12/2022 Review and consider for approval the final report for submission to City Council. Complete 26 6/7/2022 1 st City Council Meeting to consider Committee's final recommendations; consolidate with November General Election O 3 00 27 6/21/2022 (If needed)2nd Public Hearing of the City Council a 28 July Consultant, staff and City Attorney's Office will prepare ballot measure language for submittal to the County Registrar's Office Phase 5 29 11/8/2022 November General Election WORKING DOCUMENT-SUBJECT TO CHANGE Updated on May 12,2022 ATTACHMENT I CHARTER REVISION COMMITTEE TRACKING SHEET 2021-22 Charter Revision Committee KEY: Tracking Document Text in blue:proposed additions Final Votes Tee[with strike oub:proposed deletions e Dete proposal pMw session proposed Decossbn Gem 1 12/16/2021 coreiNtam 1 300 When Huntington Beach adopted a 111M022 Consultant proposes the following modification: 7-0 Qf 022 (This recommendation only aM d fine ne first paragraph of Section 3001 7-0 i1a ew Charter in 1966(which is more sM�l p"substantial than a charter 'Fourmembers o/the City Council shell be elected al the general municipal election in even numbered •Saetlon 300.CITY COUNCIL.ATTORNEY,CLERK AND TREASURER.TERMS.The elective omcers o/the City shall consist of a amendment)it was necessary to years held in 1966,and each fourth year thereafter Three members of the City Council shall be elected at City Council of seven members,a City Clerk,a City Treasurer and a CityAffomey,ell to be elected from the City at large at the times restart the clock on the years when the general municipal election in alternating even numbered yeaishe/d in 1968,and each fourth year and in the manner provided in this Charter and who shall serve for terms of four years and until their respective successors quality, elected positions would be up for thereafter.._ACity Clerk and City Treasurer shell be elected at the general municipal election held in the Subject to the provisions of this Charter,the members of the City Council in office at the time this Charter takes effect shall continue in election.Consultant proposes to same even numbered years that three member of the City Council are elected 1968,and each fourth year office until the expiration of their respective terms and until their successors are elected and qualified. Conslano f ielfh rho use more contemporary language 'thereafter A CityAttomey shall be elected in the same even numbered years that four members of the City staggered electors process established In the now Charter In 1066 and r"Mrmod In 2022,four members of the City Council ether than referencing past years. Council am elected 1966,and own fourth yearthereefter." shall be elected at the general municipal election held in 4066 2022,and each fourth year thereafter Three members of the City Council shall be elected at the general municipal election held in 4466-2024,and each fourth year thereafter.No person shall be Staff recommends keeping the years to use for historical reference. elected as a member of the City Council for mom than two consecutive terms ,it no person who has been a member for more than two years of a farm to which some other person wws elected a member shell be elected to the City Council more then one further Mulvihill made a motion for staff to return with modified revisions;seconded by McKeon.The modification "'five term.Subject to the provisions of Nis Charter,the City Clerk,City Treesurer and City Attorney in office et the time this would potentially reset the years to be more contemporary,while still referencing the inception of the current Charter takes affect shell continue in office until the expiration o/their respective terms and the qualtficetion of their successors. Charter for historical reference.Wording might include"consistent with the process established in the new Consistent with if*staggered election process;establlshedln me now Charfarin 1966 and,-M modon 2022,a City Clerk Charter in 1966 and reaffirmed in 2022." and City Treasurer shall be elected at the general municipal election held in 3066 202e and each fourth year thereafter.A City Attorney shall be elected in 449"2022,and each fourth year thereafter.' 2 12n62021 Stag 1 300 The 2nd paragraph of this section InN2022 Staff recommends removing archaic language such as"casting of lots".Ray moved to m4nclude"City 4-3 VIN2022 (Tine hicomandatien only,elfeds do second pfagreph of Sachs,300) 7-0 (me es the term"test lots"which is an Manager'in the section:seconded by Miller.The amended language reads as: outdated phrase that is not 'Section 300.CITY COUNCIL ATTORNEY,CLERK AND TREASURER.TERMS. �» commonly-used in local The term ofeach member ofthe City Council.the City Owl,,the City Treasurer end the City Attorney shall government The term could be M on the first regular City Council eoning Alowdey following the certification of the election. The term of each member of the City Council,the City Clark,the City Treasurer and the City Attorney shall commence on the day of replaced with the phrase"by Ties in voting among candidates for office shall be settled by random drawing process conducted the h,l Ais its) regular City Council meeting following the certification of the election.Ties in veting among candidates for office random drawing process as during a public meeting by the City Manager." shall be settletl by the-aeeting flat,random drawing process conducted by the City Manapv drtrp the find regular City determined by the City Manager." Council following tlhe certlflcatlon." -- rnarzz.cw�wm,neerw�eslm,�roD,�Im n,mpwrn..wwDn r.wrtsem ss iMpaas Da lm N,aiaana relaxa aewrov��awram w.la.Ir wu wamedmelaw Caunry~prorxbzlm CM wrtn reniM1etl electron resorts(melWip tiez)eN el tern.Tn dnwpplomnrooceureltin are mew5rq wanWmw �zil Abm bars amabcfeioaeiels are z,wmm TMfie DreebrwupoccurersrsalbwlgfmgevwNrp cwM�le fo Da swmin wMWowermwmanMrs altM term 3 I2/ISHN2I Staff 1 303(a)The Charter states Matthe CouncI 111vm22 The proposed modification to Section 303(s)is as follows: 7-0 w42022 'Section 303.MEETINGS AND LOCATION. 7-0 shall hold regular meetings twice a month.However,meetings are The City Council shall hold regular meettngs at least twice each month unless canceled by Me Alleyway (a)Regular Meetings.The City Council shall hold regular meetings at least twice each month at such time as it shall fix by ordinance canceled on occasion and as tnAiorlly of flue Gty Coundl.Regularmoetlngs shall behold at such bme as it shall fix by orth once or or resolution and may adjoum s,m iojawn any regular meeting toe data and hour certain which shell be specified in the order of ceded,and the Charter should lay resolution and may adjourn or m-adjoum any regular meeting to a date and hour certain which shall be adlo H,e,H.ano W e Each—adjourned meeting shall be a regular meeting for all purposes. out the process to do so.Under specified in the order of adjournment and when so adjourned each adjourned meetng shall be a regular Went practice,either the City meeting for all purposes..... _ Council majority or the City Manage ncels meetings as needed,and Ray makes a motion to leave the language ears with a request for staff to propose language that reduces that practice is proposed to be the use of edjournbe-adjourn as is noted in the 2nd half of 303(a);seconded by Mulvihill. included in this section. 6 121-2021 Stan 1 303(b) Special meetings can be called at 1115 2 The proposed modification to Section 303(b)is as follows. Motion 1: V1 V 2 •Section 303.MEETINGS AND LOCATION. 7-0 any time by the Mayor or majority of 7-0 the Council.It is understood that "(b)Special Msetlngs.A special meeting may be called at any time by the Mayor,or by a majority of the (b)Special Meetings.A special meeting may be called at any time by the Mayor,or by a majority of the members of the City Council, Council majority decisions to calla embers of the City Council Calling of such maetlng by a majority of site Chy Council/s an by written notice to each member of the City Council and to each local newspaper of general circulation,radio or television station special meeting arc administrative administrative matter and shall not constitute collective concurrence or smlal meeting for Brown Motion 2 requesting notice in writing.Such notice must be delimmo pnonally,a<by mail,orby eument txhnology at least twenty-four actions that do not violate the Brown Act purposes,by Written notice must be provided to each member of the City Council and to each 7-0 noun before the time of such meeting as specified in the notice. Ad,because they are not decisions local newspaper efgeneral circulation,radio ortelevision station requesting notice in writing." on substantive meters.To avoid The call and notice shall specify the time end piece of the special meeting and the business to be transacted.No other business shell confusion,staff recommends Motion 1:Mulvihill made a motion to maintain the Charter language in 303(b)as is,Thompson seconded. _ be considered at such meeting.Ifanypenon entitled to such written notice files a written weiverofnofice with the City Clerk,d maybe clarifying this section to explain the dispensed with.This notice requimment shall be considered fulfilled as to any person who is ectuallyphasent at the meeting at the difference. o)A bon 2:McKeon made a motion for staff to provided modifications as needed to add"current technology' time it convenes./n the event of an emergency effecting the public pace,heath or safety,a special meeting maybe called as in sections that reference communication methods;seconded by Miller. provided in this section with less than twenty-fourhours written notice by the Mayor Pro Tom in the Mayors absence orby any ember of the City Council in the absence of both the Mayor end Mayor Pro Tam provided that the nature of the emergency is set forth in the minutes of the meeting." 5 1211e12021 Staff 1 303(d) This sec sou which is a term that has Section 303(d)(1st sentence)tion references"executive 1113202z Staff recommends removing outdated,unused language,whenever possible.The proposed change to 7-0 411 2022 'Section 303.MEETINGS AND LOCATION. 7-0 replaces"executive sessions"with"closed sessions": long been replaced with"dosed (a)Open Meanings.All regular and specie/meetings of Me Gty,Council shall be open and public,and ell persons shell be permitted sessions". All regular and special meetings of the City Council shall be open and public,and it persons shall be to attend such meetings,except that the provisions of this section shall not apply to esecunve-dosed sessions.Subject to the miss permitted to attend such meetings,except that the provisions of this section shell not apply to exeeufq► governing the conduct of City Council meetings,no person shell be denied the right to be heard by the City Council." dosed sessions." Motion made by Thompson to accept staffs mcom mandator;seconded by Benton. Fa Ks UDaatee on May 2.Ip22 papa 1 of e 2021-22 Charter Revision Committee KEY. Tracking Document Text in blue:proposed additions Final Votes Text with stoke outs:proposed deletions M DMe Props at Pheae traction Prepoaed Di—ilon Kam By I 6 12ne2o21 Staff 1 303(b)Both sections require Council 111M022 Staff proposes adding"cummt technology'as a notification method to Council: 7-0 411412022 "Section 303.MEETINGS AND LOCATION. 7-0 304(a) meeting notices to be delivered to each Council Member either 303(b)-A special meeting may be called at anytime by the Mayor,or by a majority ofthe members ofthe (b)Special Meetings.A special meeting may be celled al any fime by the Mayor,or by amjority ofthe members ofthe City Council, personally or by mail.However, City Council,by written notice w current technology to each member ofthe City Council and to each by mitten notice or tyrant technology to each member ofthe City Council and to each local newspaper of general circulation, staff recommends including"current local newspaper of general circulation,radio or television requesting notice in writing Such notice must be radio or television station requesting notice in writing.Such notice must be delivered personally,of by mail or by currant technology'as a third and more delivered personally,av,by mail or by current technology at least twenty-burur hours before the time of technology at least twenty-fo hours before the time of such meeting as specified in the notice. expedient and updated option. such meeting as specified in the notice.' The cell and notice shall specify the time antl place ofthe special meeting and the business to be transacted,No other business shall "Section 304.QUORUMS,PROCEEDINGS AND RULES OF ORDER. be considered at such meeting,item,person entitled to such written notice files a mitten waiver of notice with the City Clerk,it may be Iaf Quentin.A majority ofthe members of the City Council shall constitute a quorum to do business but a dispensed with.This notice requirement shell be considered fulfilled as to any person who is actuallypresent at the meeting at the lesser number may adjoum from time to time.In the absence o/all the members ofthe City Council from timed convenes.In the event of en emergency affecting the public peace,health or safety,is special meeting may be called as any Mqularmeeting or adjourned regular meeting,the City Clerk may declare the same adjourned to a provided in this section with less than twenty-four hours written notice by the Mayor Pm Tam in the Mayor's absence or by any stated day and hour.The City Clerk shall cause m tten notice of a meeting adjourned by less than is member of the City Council in the absence of both the Mayor and Mayor Pro Tom provided that the nature of the emergency is set quorum or by the City Clerk to be delivered personally,of by mail or by existent technology to each forth in the minutes of the meeting." Council member at least hronty-four hours before the Firm,to which the meeting is adjourned,or such notice may be dispensed with in the same manner 0 8 specified in this Charter for dispensing with notice of special meetings ofthe City Council.' Ray made a motion to table this item,pending further discussion and approval of staff potential 'Seodon 304.QUORUMS,PROCEEDINGS AND RULES OF ORDER. modifications on hem 4;seconded by Thompson. (a)QuoNm.Amjonty of fhe members ofthe City Council shall constitute a quorum to do business but a lesser number may adjoum born time to time.In the absence of all the members ofthe City Council horn any regular meeting or adjourned regular meeting,the City Clerk may declare the same edjoumed to a stated day and hour The City Clerk shall cause wsdten notice care meeting adjourned by less than a quorum orby the City Clerk to be delivered personally,w bymail orby w—m Nchnology to each Council member al least twenty-four hours before the time to which the meeting is adjourned or such notice may be dispensed with in the same near as spaci0ed in this Chart,,for dispensing with notice of special meetings of the City Council." 7 12/16/2021 Staff 1 311(d)Retitle"Director of Finance"as 111312022 Stall recommends replacing the"Directs o/Finance"title with"Chief Financial Oiticer'm Sections 311(d), 7-0 4114 022 'Secdon 311.CITY TREASURER.POWERS AND DUTIES. 7-0 601 "Chief Financial Officer'which is the 601,and 604 to sign with all titles in the City's Organizational Chart. 604 current title for this position. (it)Prepare and submit to the&Fiaiiw-e/-Fwease Chief Financial Officer monthly wmten reports of all receipts,disbursements and Ray made a motion to approve the recommended language;Thompson/Mulhivill seconded.Approved 7-0. fund balances,and shall file copies of such reports with the City Manager and City Cou ial" "Section 601.ANNUAL BUDGET,PREPARATION BY THE CITYMANAGER.At such date as the City Manager shall determine, each board or commission and each department head shall furnish to the City Manager,personally,or through the�— Chief Financial OBleer,estimates of the department's,board's or commission's revenue and expenditures for the ensuing fiscal year, detailed in such manner as may be prescribed by the City Manager.In preparing the proposed budget,the City Manager shall review the estimates,hold conferences thereon with the respective department heads,boards or commissions as necessary,and may revise the estiat mes as may be deemed advisable" 'Section 604.ANNUAL BUDGET.FURTHER CONSIDERATION AND ADOPTION.At the conclusion of the public hearing the City Council shall further consider the proposed budget and make any revisions thereof that 4 may deem advisable and w or before the last day of the fiscal year it shall adopt the budget with revisions,if any,by the affirmative vote of at least a m jority of the total members of the Council.Upon final adoption,the budget shall be in affect for the ensuing fiscal year.Copies thereof,certified by the Clerk,shall be filed with the City Manager,Bksete al iwass-ChM Financial 011icar,City Treasurer and the person retained by the Oty Court t it to per the post audit function,and a further copy shall be placed,and shall remain on file in the office of the City Clerk where it shell be available forpublic inspection.The budget so certified shell be reproduced and copies made available for the use of the public and of departments,offices and agencies of the City," 6 12/162021 Mulvihill 1 312(c)The process of filling unscheduled N1ar1022 Discussion ensued regarding the following syntax change: 7-0 Y/412M2 'Section 312.VACANCIES,FORFEITURES AND REPLACEMENT. 7-0 vacant City Council seats "(c)Replacement In the event$the City Councif shall fail to fill a vacancy by appointment within sixty (e)Replacement,/n the event 4 the CHy Counc//shall fail to fill a vacancy,by appointment within sixty days site,such office shall days after such office shall become vacant,the City Council shall forthwith cause an election to be held to become vacant,the City Council shell forthwith cause an election to be held to fill such vacancy for the remainder of the unexpired fill such vacancy for the remainder of the unexpired term." term.' Mulvihill move to approve the change above;Ray seconded. re16L Upeaee m UeV 2,2022 Papa z of e 2021-22 Charter Revision Committee KEY: Tracking Document Ted in blue:proposed additions Final Votes Ted with stake outs.proposed deletions i Date %00 sal PMse Saetbn Proposal U.—W.tam g 1211612021 Miller, 1 313 Examine this section to ma At this time,the City maintains a robust system of ordinances,resolubons,and internal administrative 7-0 41142022 NO CHANGES TO SECTION 313: 7-0 Ray, robust enough ke to continue sure it 1nL2o22 regulations that strive to prevent nepotism and conflict of interest in the City. Mulvihill preventing nepotism and conflict of 'Section 313.CONFLICTOFINTEREST,NEPOTISM. interest In the City. personnel Rules 18-2 and 16-3 state that persons related by blood or marriage within the third degree shall (a)Conflict of interest.The City Council shall adopt or approve rules and regulations regulating conflicts of interest end pmmof rg net report to the same supervisor nor supervise one another;such persons shall not be employed in fairdealing in all City business. positions which provide them access to confidential and privileged info which should not be available to the (b)Nepo0am.The City Council shall not appoint to a salaried position under the City government any person he is a relative by other related path blood or menage within the third degree of any one or mom of the members of such City Council,nor shall Me City Manager or any department heed or other oficerhaving appointive power appoint any relative of such person or of any Council member within such Administrative Regulation 411 adds:1)no appointing authority shall appoint to any paid temporary or degree to any such position. permanent position within the Citys service,a member of the immediate family of the City Manager or Director,2)no parson may be appointed,promoted,reduced,transferred or reassigned to a po.ifion in This provision shall not affect the employment orprometional status of a person who has attained a salaried position with the City prior which that person is within the direct line of supervision at a relative nor shall such rNelives have the some to the existence of a situation contemplated by this provision:however,Council members or officers with appointive powers in such is mediate supervisor. situation shall disqualify themselves from all decisions affecting the employment and promotional status of such person." Ray moved to continue discussion,allowing members of the committee to bang up items of concem in the future Ineeded.Seconded by Thompson. 10 12/1a12021 Staff 1 403 Council must maintain by ordinance 1-2022 The proposed modification to Section 403 is as follows. 7-0 411412022 NO CHANGES TO SECTION 403: 7-0 (2nd a comprehensive personnel system par.- for the City.Stag recommends 'The City Council shall maintain by ordinance or resolution a comprehensive personnel system for the "Section 403.PERSONNEL.In addition to the City Council,a City Clark,a City Treasurer,a City Attorney and City Manager,the graph) including"by resolution"as an City The City Manager and any officers designated as elective by the Charter shall be exempt.The system officers and employees of the City shall consist of such other officers,assistants,deputies and employees as the City Council may altern mechanism ative that might b shall consist of the establishment of minimum standards of employment and qualifications for the various provide by ordinance or resolution.The City Council shall establish such reasonable compensation and hinge benefits as are re appropriate and efficient in classes of employment and procedures to be followed in advancement,demotion,suspension and appropriate by ordinance or resolution for such offices,officials and employees except as herein provided. ertain circumstances. discharge of employees included within the system,as the City Council shall determine to be for the best interest of the public service.The ordinance or ni sofu0on shell designate the appointive officers and The City Council shall maintain by ordinance a comprehensive personnel system for the City The City Manager and any officers employees who shall be included within the system.By subsequent ordinances or resolutions the City designated as elective by the Charter shall be exempt.The system shall consist of the establishment of minimum standards of Council may amend the system or the list of appointive officers and employees included within the system, employment and qualifications for the venous classes of employment and procedures to be followed in advancement,demotion, The system shall comply with all other provisions of this Charter." suspension and discharge of employees included within the system,as the City Council shall determine to be for the best interest of the public service.The ordinance shall designate the appointive officers and employees who shall be included within the system.By However,it should be noted that resolutions are not codified in the Municipal Code and may be more subsequent ordinances the City Council may smend the system or the list of appointive officers and employees included within the di/ficuit to track over time.If this Charter revision was approved,staff would recommended the system.The system shall comply with ell otherp—mans of this Charter. Administrative Services Department to continua to maintain robust records. It shell be the duty of all department heads,whether appointed or elected,to assist and cooperate with the City Manager in Mulvihill proposes to leave the section as is;seconded by McKeon, adminnifering the efai s of the City in the most efficient fiscally responsible,and harmonious manner consistent with the duties as prescribed by law,City Charter,or by ordinance." 11 IV1612021 Ray 1 801(a) Determine whether the word"must' 1-22 Ray asked tithe words"must'and"shall"have the same meaning.Stan confirmed they do and 7-0 —022 NO CHANGES TO SECTION SOIJ.): 7-0 should replace"shall"to denotes recommends no changes to Section 801(a)at this time. mandatory action. 'Section 801.DERNITIONS.Unless the provisions orthe context otherwise requires,as used in this Charter: Ray made a motion to adopt staffs recommendation:seconded by McKeon. (a)"Shell"is mandatory,and"may''a permissive. (b)'City"is the City of Huntington Beach and'department""board,"'commission,"'agency,""offimr,'or"employee"is a department, board,commission,agency,officer or employee,as the case may be,ofthe City of Huntington Beach. (c)'County'is the County of Orange. (d)"State"is the State of Caldomie. (e)The masculine includes the feminine anti the feminine includes the masculine. (Q The singular includes the plural and the pure/the singular. (g)"Person"includes firm and corporation. 11 12/1ar2021 Mircheff 1 804 A.written,the Charter requires the 111sno22 While a ten year review by a Committee is desirable,it may not always be necessary or feasible.This 7-0 4114n022 -Section 804.CHARTER RENEW.The City Council shall determine if there is a need to convene a citimn's Charter Review 7-0 Council to consider convening a section permit;the Council to consider its needs and take into account key factors such as staff time,costs Commission to conduct a review of the City Charter no less frequently then every ten years Dom me men recent formal Chaaw charter review comminee every 10 for consulting and ballot initiatives,and other ways to enact revisions.However,the Committee can nvlew,conducted by Charter Revision Connotation,City Council,or City staff.' years but does not require the end other changes to this section including requiring the Council to conduct some level of review 0 Council to always convene one. it is not done through a Committee,including a staff-level review, Committee wishes to examine the intent of this section and determine Ray made a motion for staff to develop modified language for this section that includes a set interval of time if a needs to be modified. that resets after the last revision and/or committee formation. nML UpdatM an x1eY 2.2022 Ppp J a a 2021-22 Charter Revision Committee KEY: Tracking Document Tea in blue:proposed additions Final Votes Text with stoke outs:proposed deletions s Date prop•d Phase section propoaad 01 ssion Kam Y 13 1211612021 hompsc 1 Through-Consider transitioning away from 1113r1o22 Staff recommendations to modify both sections include: 7-0 411412022 'Section 303.USE77NOS AND LOCATION. 7-0 sm the use of gender references such sculine and feminine Section 303(c)-"If,by reason of fire,0ood or other emergency,it shall be unsele to meet in the place (c)Place of Meetings.All regular meetings shall be held in the Council Chambers of the City or in such place within the City to which pronouns(i.e.he,she)towards designated,the meetings may be held for the duration of the emer:eray at such place within the City as is any such meeting may be adjoumed I/by...on of fire,flood or other emergency,it shall be unsafe to meet m the place designated, gender neutral words. designated by the Mayor,or,if be the Mayor should fail to act,by a majority of the members of the City the meetings may be held for the duration of the emergency at such place within Me City as is designated by the Mayor,or,it h.this Council." Mayor should fail toad,by a majority of the members of the City Council." Section 400(d)-Affer famishing the City Manager with written notice of the intended removal,the City 'Section 400.CITYMANAGER.COMPOSITION,TERM,ELIGIBILITY,REMOVAL. Council may suspend the City Manager/ram duty,but his Use Chy Managers compensation shell continue until removal as herein provided. (d)Removal.The City Manager shall not be removed from office during or within a period of ninety days next succeeding any municipal election at which a member of the City Council is elected.Al any other time the City Manager maybe removed only at is Section 801(a)- regular meeting of the City Council and upon the affirmative vote of s majority of the members of the City Council.At least thirty days pier to the effective date of removal,the City Manager shall be furnished with a Kntten notice staling the Council's intentions and,it Thompson moved to adopt the recommendation,seconded by Ray, requested by the City Manager,the reasons fherefor.WBhin seven days after receipt of such notice,the City Manager may by written n otificetion to the City Clerk request a public hearing before the City Council,in which event the Council shall fix a time for a public hearing which shall be held at its regular meeting place before the expiration of the thirty-day,period above referred to.The City Manager shall appear and be heard at such hearing.After furnishing the City manager with written notice o/the intended removal,the City Council may suspend the City Manager from duty,but No the City Manager's compensation shall continue until removal as hero in provided.In removing the City Manager,the City Council shall use its uncontrolled discretion and its action shall be final and shell not depend upon any particular showing or degree of poor at the hearing,the purpose of which is to allow the City Council and the City Manager to present to each other and to the public all pertinent facts prior to the final action of removal.' 'Saeflon 801.DEFINITIONS.Unless the provisions or the context otherwise requires,as used in this Charter: (a)"Shell"is mandatory,and"may"is pi mil (b)"City"ia the City of Huntington Beach and"department,"board,"-commission,""agency""officer,"or-employee"is a department, board,commission,agency,officer or employee,as the case maybe,ofthe City of Huntington Beach. (c)'Ccunty"is the County o/Orange. (d)state"is the state of CaMomia. r The singular includes the plural and the plural the singular.'Parson'includes firm and corporation." 14 IVIW2021 Staff 2 612 Staff will present their assessment 11271=2 Staff posed several questions for the Committee's consideration. See votes in V1412022 'Seetlon$12.PUBLIC UIWTIES AND PARKS AND BEACHES. 7-0 of working within the guidelines of the previous na°1a°a"1° (a)No public utility or park or beach orportion theraofnow or hereafter owned or operated by the City shal be sold,leased Measure C for Committee 1.Section 612(b):Should the Committee consider expanding the list of exempt projects? column r1AB°r'e exchanged or otherwise bantered or disposed of unless euthonbad by the efilimstme votes ofat least a majority ofthe total discussion. Mulvihill made a motion that this question was a bridge too far for the Committee and not to consider it N2812g22 membership of the City Council and by the affirmative vote of st least a majority o/the electors voting on such proposition at a general further;seconded by McKeon.Approved 7-0. or specie)elecbon at which such proposition is submitted.' 2.Section 612(b)'Should Measure C apply to public-private partnership projects with recreational use? '(b)No golf course,driving range,road,building over three thousand square feet in floor area nor structure costing more than Mulvihill made a motion that this question was a bridge too far for the Committee and not to consider it $161,000,00 may be built on orin any park or beech or portion themo/now or hereafter owned or operated by the City unless further,seconded by Mircheff.Approved 7-0. authorized by the e/ffrmative votes of at least a malonty of the total membership of the City Council and by the amrmatrve vote of at least is majority of the a/eclors voting on such proposition at a general or special election at which such proposition is submitted after 3.Section 612(b):Should the Committee consider If the replacement or reconstruction of existing the appropriate environmental assessment,conceptual cost estimate.andmasonable project description has been completed and structures and buildings should be subject to voter approval,If their Intended use remains wiczy disseminated to the public.Effective January 1,2011.and each year thereafter,the maximum cost wil/be adjusted by the cnchanged?Ml rcheH moved that this Item was worth so ppomng;Ray asked for draft language that Consumer Price Index for the Los Angeles-Riverside-Orange County area could be Incorporated Into Section 612.Mulvi In l ll made an amended motion for staff to draft language for consideration;seconded by Mitchell.Approved 7-0. (y Section 612(a)end 612(b)shall not apply, (1)to libraries orpie s; 4.Section 612(b):Should the Committee consider itthe expansion of existing structures and buildings (2)to any lease,0anchise,concession agreement or other contract where; should be subject to voter approval?Mulvihill moved that this question was a bridge too far for the -the contract is to perform an act orprovide a service in a public park or beach AND Committee and not to consider it further',seconded by Benton.Approved 6-1,with Mircheff voting no. such act was being performed or service provided at the same location prior to January 1,1989 AND -the proposed lease,franchise,concession agreement or other contract would not increase the amount of parkland or beach S.Section 612(a):Should this Committee consider If Section 612(a)should madly or remove the dedicated to or used by the party performing such act or providing such service. phrase"or operated by the City"?Mircheff moved that this question was worth considering and for (3)to above ground public worts utility structures under 3,000 square feet: staff to prepare draft language to(consideration;seconded by Ray.Approved 5-2 with McKeon and (4)to underground public works utility structures i/park orbeach use is rwf impeded; Mulvihill voting no. (5)to anypublic works construction,maintenance or repairmandated by state or federal few that does not negatively impact m er creational opportunities:(6)to renewable energy projects that do not negatively impact recreational opportunities;or (7)to the replacement of existing equipment or Inhasbuclums vile does not exceed Its current footprint or height by men Mart 10%and also maintains Its common use. (d)If any section.subsection,part,subpart,paragraph,clause or phrase of this amendment,or any amendment or revision o/this amendment,is for any mason held to be invalid or unconstitutional,the remaining sections,subsections,parts,subparts,paragraphs, clauses or phrases shall not be affected but shall remain in full force and effect." Fa K� upawte m Iw.t x,M22 Pao.4 a e 2021-22 Charter Revision Committee KEY: Tracking Document Text in blue:proposed additions Final Votes Text with strike outs:proposed deletions 0 Date Pr.B sal ptyse Saedon PhopsssA Diseussbn Yem 15 1211612021 Miller 2 302 Discuss In,current compensa c tion 1127QO22 Consultant provided a crossomparison of City Council com sa pention across multiple cites in Orange 6-1 W1412022 NO CHANGES TO SECTION 302: 7-0 aunt for City Council Members County,as well as similarly sized cities in Los Angeles County.Based on his research,the comparison shows the total comp rsalo on of Huntington Beech Council Members were average,but on the lower end of 'Section 302.COMPENSATION.The members ofthe City Council including the May-mill receive as compensation forfheir erage.He also indicated that adjustments to compensation were traditionally made via City ordinance. services as such a monthly sel in the sum of One Hundred Seventy-five Dollars permonfh.In addition,each membarofthe City which provides greater flexibility versus a Charter amendment. Council shall receive reimbursement on order of the City Council for Council authonzed traveling and other expenses when on official duty upon submission of ftemized expense accounts therefor In addition,members shall receive such reasonable and adequate Ray moved to table this item and revisit ft in the future if needed;seconded by Benton. agrourts as maybe established by ordinance,which amounts shall be deemed to be mimbursemenl to them of other routine and ordinary expenses,losses and costs imposed upon them by virtue of their serving es City Courrolpersons." 16 12/1612021 Ray 2 300, Review the roles and 21102022 Miller moved to make the minimum qualifications be met at the time of the election.Thompson proposed 6-1 41-022 "SW $10.CITY CLERK POWERS AND DIMES.To become end remain eligible for City Clerk,the person elected or appointed 6-1 310- responsibilities,qualifications and V2a2022 amending that to the time of filing.Miller seconded.Staff will return with proposed language for final vote. shall have a Bachelors Degree in business,public administration,ore related field,and hold a certification as s Municipal Clerk or 311 process of electing the City Clerk obtain such cenificetion at the time of filing one's candlWcy for election or application for and City Treasurer appointment.The City Clerk shell have the power and shall be required to:" "Section 311.CITY TREASVRER.POWERS AND DUTIES.To become and emein eligible for City Treasurer,the person elected or appointed shall,at me t me of filing one's aamaeagy for election or application for appointment,have a minimum of five years of financial and/or treasury experience and have either: A Masters Degree in accounting,finance,business,or public administration;or A Bachelors Degree in accounfing,finance,business,or,public administration with certification by the California Municipal Tasu ria. Association,or their successor,within three years of election or appointment." 17 12/1612021 Ray 2 300, Review the roles and 2110— Mulvihill moved not to impose term limits for me elected City Clerk and Treasurer positions',seconded by 7-1 WIN2022 NO CHANGES TO SECTION 300: 5.2 310. responsibilities,qualifications and V2a2022 Miller. and 311 process of electing the City Clerk —2022 'Section 300.CITY COUNCIL,ATTORNEY,CLERK AND TREASURER.TERMS.The elective officers of the City shall consist of is and City Treasurer City Council of seven members,a City Clerk,a City Treasurer and a City Attorney,all to be elected from the City of large at the tines and in the manner provided in this Charter and who shall serve for terms of four years and until their respective successors qualiy, Subject to the provisions of this Charter,the members of the City Council in office at the time this Charter fakes effect shall continue in omce until the expiration of their respective terms and until their successors am elected and qualified Fourmambers of the City Council shell be elected at me general municipal election held in 1966,and each fourth year thereafter.Three members of the City Council shell be elected at the general municipal elecf/on held in 1968,and each fourth year thereafter.No person shall be elected as member of the City Council for more then two consecutive terms and no person who has been a member for more than twio years of a term to which some other person was elected a member shall be elected to the City Council more than one further consecutive term. Subject to the Provisions of this Charter the City Clerk,City Treasurer and Ciy Attorney in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and the qualification of their successors.A City Clerk and City Treasurer shall be elected at the general municipal election held in 1968,and each fourth year thereafter.ACity Attorney shall be elected in,966,and each fourth year thereafter. The fern of each member of the City Council,the City Cleric,the City Treasurer and the City Attorney shall commence on the first Monday following the certification of the election.Tom in voting among candidates for office shall be settled by the casting of lots. If no candidate meets the qualifications for office of the City Clerk,City Treasurer,m City Attorney,the City Council shall fill that position by appointment unfi/the next municipal general election in which a qualified candidate is elected.' 18 lV1642021 Ray 2 300, Review the roles and 2/1012022 Mitchell moved to transition both the City Clerk and Treasurer roles to appointed ones;seconded by Ray. 5-2 —2— 'Seedon 300.CITY COUNCIL,ATTORNEY.TERMS.The elective oficers of the City shell consist of a 5-2 310- respon-ibilities,qualifications end 212s12022 City Council of seven members and a City Attorney,all to be elected from the City at large at the times 311 process of electing the City Clerk end in me mennerp owded in this Charter and who shall serve for terms of four years and until their respective successors quality and City Treasurer Subject to the provisions of this Charter,the members of the City Council in office of the time this Charter takes effect shall continue in office until the expiration of their respective terms and until their successors ere elected and qualified.Four members of the City Council shell ba elected of fhe general municipal election held in 1966,and each fourth year thereafter.Three members of the City Council shell be elected el the general municipal election held in 1966,and each fourth year thereafter.No person shall be elected as a member of the City Council for more than two consecutive terms and no parson who has been a member for more than two years of e term to which some other person was elected a member shall be elected to the City Council more than one further consecutive term. Subject to the Provisions of this Charter,the City Attorney in office at the time this Charter takes effect shall continue in office until the expiration of theirrespective terms and the qualification of their successors 1-Ci1y-C4rkan4 Q$j, .A City Attorney shall be elected in 1966,and each fourth year thereafter. The tens of each member of the City Council, and the City Attorneymen Attorney shall comce on the first Monday following the certification of the election.Ties in voting among canditlefea for office shall be settled by the casting others. lino candidate meets the qualifications for office ofthe City Attorney,the City Council shall fill that position by appointment until the next municipal general election in which a qualified cendidater is elected" Assl updaea an way 2.:c.. p.a.set e 2021-22 Charter Revision Committee KEY: Tracking Document Text In Man:proposed additions Final Votes Text with stoke outs:proposed deletions a lost. MoBTest phase Seoeon Proposeduasio to Ulaen m - 19 12/1612021 Mirchett 2 300. Review the roles and 2110/2022 Ray moved to ask ilthe City Attorney position should be converted into an appointed one;seconded by 4-2-1 4262022 •Seedon 300.CTTYCOUNCIL,Ag7OR"Y,CLERK AND TRFASURER.TERMS.The elective officers fthe City shell consist of a 5-2 Miller 304, responsibilities,qualifications and V2412022 Mirchefl.Staff will return with proposed language to address the straw votes above. City Council ofseven members,a City Clerk,and a City Treasurer-44-c 1yAgemey,all to be elected from the City at large of the Ray 309 process of electing the City Attorney times and in the manner provided in this Charter and who shall serve for terms of four years and until their respective successors quality Subject to the provisions of this Charter,the members of the City Council in office at the time this Charter takes effect shall confine in office until the expiration of their respective terms and unfit their successors are elected and qualified.Fwrmembere of the City Council shall be elected at the general municipal election held in 1966,and each fourth year thereafter.Three members of the City Council shall be elected at the general municipal election held in 1968,and each fourth year thereafter No person shall be elected as a member of the City Council for more than two consecutive terms and ro person who has been a member for more than tryears of a term to which some other person was elected a member shell be elected to the City Council more than one further ecutim term.Subject to the provisions of this Charter,the City Clerk-and City Treasurer and GWyA#GM oy-in ol6cs at the time this Charter takes effect shall continue in office until the expiration of their respective terms and the qualification of their successors.A City Clerk and City Treasurer shall be elected at the general municipal election held in 1968,and each fourth year thereafter A-Gity- The tern of each member of the City Council,the City Clerk,and the City Treasurer soow4 thim Ql,,,4#-me),shall commence on the first Monday following the certification of the election.Ties in voting among candidates for office shall be settled by the casting of lots. If no candidate meets the qualifications for office of the City Clerk-w City Treasurer,the City Council shall fill that Position by appointment unfit tons nett municipal general election in which a qualified candidate is elected' 20 1211WM21 Mirchett 2 304, Reviewthe roles and a11fv2022 Based on his research,Consultant indicated that the terms surrounding outside counsel appear in van us 6.1 drzazozz 'Secdon 304.QUORUMS,PROCEEDINGS AND RULES OF ORDER. 6-1 Miller 309 responsibilities of the City Attomey city charters,however when those charters provide exceptions,usually they address conflict of interest He Ray suggested that the Committee could darily 304(b)of when it is appropriate for Council to hire outside (b)Proceedings.The City Council shalljudge the qualification of its members as at forth by the Charter.If shailludge all election counsel,much in the same manner.Mirhelf asked Consultant for sample language to build Mat provision. returns.Each memberoffhe City Council shall have the power to administer oaths and affirmations in any investigation orpmeeeding Ray moved this request,seconded by Thompson. pending before the City Council The City Council shall have the power and authority to compel the ettendente of witnesses,to —rins them under oath and to compel the production of evidence before it Subpoenas shall be issued in the name of the City and be attested by the City Clerk.They shall be served and complied with in the same manner as subpoenas in civil actions.Disobedience of such subpoenas,or the refusal to testify(upon other than constitutional grounds),shall constitute a misdemeanor,and shall be punishable in the same manner as violations of this Charter are punishable.The City Council shall have control of all legal business and proceedings end all property of the legal department and may employ other attorneys to take charge of or may contract for any prosecution,litigation or other legal matter or business.In cases where mere Is a disagreement between the City Councll and the City Attorney about Me presence of a conflict of Interest the Issue shall be decided by the City Council,and the decision of the Clfy Council shall be final.' 21 lV16I2g21 Benton 2 309 Review the roles and y102022 Benton proposed anew provision in Section 309:The ChyAftomey shall not pemcipate in a maffetin which 61 411w 022 'Seetlon 309.CITYATTORNEY.POWERS AND DUTIES.To become end remain eligible for Ciy Attomey the person elected or B•1 responsibilities of the City Attorney Meyknow or should knowthaf they have a conflict ofimeresf"that would also reference the process in and appointed shall have graduated from a law school accredited by the American Bar Association,be an attorney at law,dulylicen uid as 304(b).Moved by Benton;seconded by Mulvihill.The action also directed staff to return with proposed arzwzmn such under the laws of the State of California,shall have been engaged in the prachce of law in this State for at least firs years prior language for further consideration to their election or appointment The City Attorney shall have the power and maybe required to: (a)Represent and advise the City Council and all City officers in all matters of l—pertaining to their ofices. (b)Prosecute on behalf of the people any or all criminal cases arising from violation of the provisions of Mia Charter or of City ordinances and such state misdemeanors as the City has the power to prosecute,unless otherwise provided by the City Council. (c)Represent and appear for the City in any or all actions or proceedings in which the City is concerned or is a parry,and represent and appear for any City officer or employee,or former City officer or employee in any or all civil actions or proceedings in which such officer or employee is concerned or is a party or any ad arising out of their employment or by reason of their official capacity. (d)Attend all regular meetings of the City Council,unless excused,and give their advice or opinion orally or in wining whenever requested to do so by the City Councilor by any of the boards or officers of the City (a)Approve in writing the form crag contracts made by and all bonds and insurance given to the City, (0 Prepare any end ell proposed ordinances and City Council resolutions and amendments thereto. (g)Devote such time to the duties of their office and at such piece as may be specified by the City Council (h)Perform such legal functions and duties incident to the execution of the foregoing powers es may be necessary (I)Maintain the world of their office In compliance with ail city records and refandon policies and applicable laws. m Surrender to their successor all books,papers,files,and dowments pertaining to the City',affairs. pp Assist and cooperate with the City Manager consistent with Section 403 of the City Charter. (1)Provide advice related to compliance with the City Charter,Municipal Code,and all applicable law to all elected and appointed officials of the City. (m)/Musa from participating In any matters In which they have or may have a conflict of Interest. (n)The City Council shall have control of all legal business and proceedings and all property of the legal department,and may smploy other attorneys to fake charge of or may contra[(for any prosecution,Iltlgation or other legal matter or business.' RNL IlpaewE on Mast 2,N122 Pepe sal9 2021-22 Charter Revision Committee Kli Tracking Document Text in blue:proposed additions Final Voles Text with strike outs:proposed deletions e Oal< Pr'Byie1 Phase section Proposed Discussion kern 22 12/1612021 Mlrchelf 2 300, Reviewthe roles and 211MO22 Mircheffmovedto askdte question on whether Ne City should raise the qualificationsfor the City Attorney 6-1 42e/2022 -SetAon 303.LTTYATTORNEY.POWERS AND DUTIES.To become and remain eligible for City Attorney the person elected or 6-1 Miller 304, responsibilities.qualifications and 2t2a2 sition;022 poi seconded by Miller.Staff wil reNrn wth proposed language to address the straw votes above, appointed shall haw graduated from a law school accredited by the Amen—Bar Association,be an attorney at law,duly licensed as Ray 309 process of electing the City Anorney such underthe laws of Me State of CalN mia,shall haw been engaged in the practice of Munlailis law in this State for at least Ave, tMr years prior to their election or appointment.The City Attorney shall haw the power and may be required to: (a)Represent and advise the City Council and all City officers in all matters of low pertaining to their offices. (b)Prosecute on behalf of the people any or all criminal cases arising from violation of the provisions of this Charter or of City ordinances and such state misdemeanors as the City has the power to prosecute,unless otherwise provided by the City Council (c)Represent and appear for the City in any or all actions or proceedings in which the City is concerned or is a Party,and represent and appear for any City officer or employee,or former City officer or employee,m any or all civil actions or proceedings in which such officer or employee is concerned or is a party for any ad aneing out of their employment or by reason of their official capacity, (d)Attend all regular meetings of the City Council,unless excused,and give their advice or opinion orally or in writing whenever requested to do so by the City Council or by any of the boards or officers of the City (a)Approve in writing the form of all contracts made by and all bonds and insurance given to the City. (1)Prepare any and ell proposed ordinances and City Council resolutions and amendments thereto. (g)Devote such time to the duties of their office and at such pace as may be specified by the City Council (h)perform such legal functions and duties incident to the execution of the foregoing powers as may be necessary. (i)Surrender to their successor all books,papers,files,and documents pertaining to the City'a affairs. Q)Assist and cooperate with the City Manager consistent with Section 403 of the City Charter. (k)Provide advice related to compliance with the City Charter to ell elected and appointed official;of the City." 23 12-2031 Mache0 2 300, Review the roles and 2/1011 Ray moved to pose the question of whether the City should set term limits for the City Attorney,if the role 4-3 41142022 •Section 300.CITYCOUNCIL,ATTORNEY,CLERK AND TREASURER.TERMS.The elective officers ofthe City shall consist of a 4-3 Miller 304, responsibilities,qualifications and =244ta22 remains elected;seconded by Mimli Staff will realm with proposed language for consideration. end City Council of seven members,a City Clerk,and a City Treasurer end a Cry Attorney,all to be elected from the City at large at the Ray 309 process of electing the City Attorney 4rza1i022 times and in the manner provided in this Charter and who shall serve for terms of four years and until their respective successors quality.Subject to the Povisions of this Charter,the members of the City Council m ofice at the time this Charter fakes effect shall continue in office until the expiration of their respective terms and until their successors are elected and qualified.Four members of the City Council shall be elected at the general municipal election held in 1966,and each fourth year thereafter.Three members of the City Council shall be elected at the general municipal election held in 1968,and each fourth year thereafter No person shall be elected as a member of the City Council or"a City Afforney for more than two consecutive terms and no person who has been a amber for more than two years of a term to which some other person was elected a member shall be elected to the City Council re then one further consecutive term.Subject to the powsions of this Charter,the City Clerk,and City Treasurer and City Attorney n office at the time this Charter takes effect shall commue in office until the expiration of their respective terms and the qualification of their successors.A City Clerk and City Treasurer shall be elected at the general municipal election held in 1968,and each fourth year thereafter.A City Attorney shall be elected in 1966,and each fourth year thereafter. The term of each member of the City Council,the City Clerk,and the City Treasurer and the City Attorney shall commence on the first Monday following the certification of the election.Ties in voting among candidates for office shall be settled by the casting of Iota. If no candidate meets the qualifications for office of the City Clerk,or City Treasurer,or City Attorney,the City Council shall fill that position by appointment until the next municipal general election in which a qualified candidate is elected," 24 1211WN21 All 2 312 Reviewthe process of fling WlWC22 On 3110122,McKeon moved for staff and consultant to provide samples of charters that fill vacancies by 6-1 41142022 'Section 312.VACANCIES,FORFEITURES AND REPLACEMENT. 6-1 unscheduled,vacant City Council -42022 appointment,unit the next General Election when a permanent candidate would be voted to fill the and seats remainder of the term of that vacancy,seconded by Thompson, 42w2022 (a)Vacancies.A vacancy in the City Council or in any other office designated as elective by this Charter from whatever cause arising,shall be filled by appointment by the City Council with at least four aKlnrsifNe Voles. On 3124/22,consultant returned with sample charters and recommended language. III Forfeiture.If,member of the City Council is absent from ell regular meetings of the City Council for a period of thirty consecutive days from and afar the last regular Cdy Council meeting attended by such member,unless by permission of the Oty Council expressed in its omcial minutes,the office shall become vacant.If an elected City officer peads guilty or no contest to or is conincted of a felony or any crime of moral turpitude,or ceases to be an elector of the City,the office shell become vacant The City Council shall declare the existence of such vacancy.Any elective officer of the City who shall accept or retain any other elective public office,except as provided in this Charter,shall be deamed thereby to have vacated the office under the City Government. (c)Replacement,In the event 4 shall fail to fill a vacancy by appointment within sixty days after such ofice shall become vacant, the City Council shall forthwith cause an election to be held to fill such vacancy for the remainder of the unexpired tam,N the City Council Plla-vacancy by appointment,such appoint"shall hold ofices until an olactfon to fill the hi m stntler of the tam -.Plred at the next general municipal election_Should the appointment ocwf after me filing deadline for the next genera/municipal election,the seat shall be d"med vacant upon the certification of the general municipal election,and the scanty shall be filled In accordance with Sections 312(a)and 312(c).' rt at updawd sr roar 1.m22 Ptae 2 a e 2021-22 Charter Revision Committee KEY: Tracking Document Text in blue:proposed additions Final Votes Text with strikeouts:proposed deletions 0 Did. Prosi Phase Section Proposed Diaooasion Kem 25 21242022 All 2 803 Review regulation under the 12a2022 Residents asked the Committee to consider exempting mobile home parks from Section 803.Thompson 6-1a1U2022 NO CHANGES TO SECTION 803: 8-1 Property Rights Protection Measure moved to leave Section 803 as is Ray seconded. "S-don 803.PROPERTY RIGHTS PROTECTION MEASURE. (a)The City shall not enact or enforce any measure which mandates the price or other consideration payable to the owner in connection,with the sale,lease,rent,exchange or other transfer by the owner of real property.Any such measure is hereby repealed (b)The word"mandates"as used in subsection(a)includes any measure taken by ordinance,resolution,administrative regulation or other action of the City to establish,continue,implement or enforce any control or system of controls on the pace or other terms on which real property in the city may be offered,sold,leased,rented,exchanged or otherwise transferred by its owner.The words"real property"as used in subsection(a)refer to any parcel of land or site,either improved or unimproved,on which a dwelling unit or residential accommodation is or may be situated for use as a home,residence or sleeping dace. (c)This Section 603 shall not apply to: (1)any reel Property which contains serious health,safety,fire or building code violations,excluding those caused by disasters,for which a civil or criminal citation has been issued by the City and remains unabated for six months or longer, (2)any me/property awned by a public entity,end reel property where the owner has agreed by contract with the public enttyy, including the City and any ofits related agencies,to accept a financial contribution or other tangible benefit including without limitation, assistance under the Community Redevelopment Law, (3)any panning or zoning power of the City as relates to the use,occupancy or improvement of reel property and to any real property which the City or any of its related agencies may acquire by eminent domain,purchase.grant or donation, (4)any power of the City to require a business license for the sale or rental of real property,whether for regulation or general mvenue purpose (5)any dwelling unit or accommodation in any hotel,motet or other facilely when the transient occupancy of that dwelling unit or accommodation is subject to a transient occupancy tax,or (6)to impair the obligation of any contract entered into prior to the enactment of this Section 803 or otherwise required by State law.' Pa1 UpdR Wed an sYy 2.2021 pye 8 d 8 ATTACHMENT 5 PROPOSED 2022 CITY CHARTER WITH REDLINES PROPOSED CHARTER AS RECOMMENDED BY THE CHARTER REVISION COMMITTEE (MAY 2022) Text in blue= proposed additions * Text with =proposed deletions CITY OF HUNTINGTON BEACH CITY CHARTER �fe•�J,1844�Po'�. � Incorporated,February 17, 1909 (Election February 9, 1909;94 votes cast for incorporation and 25 votes against) CHARTER AMENDMENTS Effective Dates Charter Election Certified-Res. 773 Results 5/3/37....................5/17/37 Amendments...................................................................2/2/40 Amendments.................................................................1/29/47 Amendments.................................................................1/27/49 Amendments...................................................................5/9/49 Revised..................................................................................5/1/50 New Charter..................................................................2/10/66 Amendments.................................................................1/18/71 Amendments...................................................................6/5/75 Amendments................................................................12/10/76 Amendments.................................................................7/17/78 Amendments..(Consolidation November)................................12/9/82 Amendments.................................................................12/7/84 Amendments.................................................................12/7/90 Amendments..................................................................4/22/02 Revised........(Certified by the Secretary of State 116111)............12/6/10 Amendments...(Certified by the Secretary of State 12130114)...........12/1/14 City of Huntington Beach City Charter Pagel of 22 12/1/14 PROPOSED CHARTER AS RECOMMENDED BY THE CHARTER REVISION COMMITTEE (MAY 2022) Text in blue= proposed additions " Text with = proposed deletions CITY CHARTER TABLE OF CONTENTS ARTICLE I.INCORPORATION AND POWERS OF THE CITY Section 100.Name Section 101. Seal Section 102.Boundaries Section 103.Powers of City Section 104.Construction Section 105. Intergovernmental Relations ARTICLE II.FORM OF GOVERNMENT Section 200.Council-Manager Form of Government ARTICLE III.ELECTIVE OFFICES Section 300.City Council,Attorney,Clerk and Treasurer. Terms Section 301.Powers Vested in City Council Section 302.Compensation Section 303.Meetings and Location Section 304.Quorums,Proceedings and Rules of Order Section 305.Presiding Officer Section 306.Mayor Pro Tempore Section 307.Non-interference with Administration Section 308. Official Bonds Section 309.City Attorney.Powers and Duties Section 310.City Clerk.Powers and Duties Section 311.City Treasurer.Powers and Duties Section 312.Vacancies,Forfeitures and Replacement Section 313. Conflict of Interest,Nepotism ARTICLE IV.APPOINTIVE OFFICES AND PERSONNEL Section 400.City Manager.Composition,Term,Eligibility,Removal Section 401.Powers and Duties Section 402.Acting City Manager Section 403.Personnel Section 404. Retirement System Section 405.Boards,Commissions and Committees ARTICLE V.ORDINANCES AND RESOLUTIONS Section 500.Regular Ordinances.Enactment,Adoption,Publication,Amendment,When Effective and Codification Section 501.Emergency Ordinances Section 502.Resolutions Section 503.Publishing of Legal Notices City of Huntington Beach City Charter Page 2 of 22 12/1/14 PROPOSED CHARTER AS RECOMMENDED BY THE CHARTER REVISION COMMITTEE (MAY 2022) Text in blue= proposed additions " Text with = proposed deletions ARTICLE VI.FISCAL ADMINISTRATION Section 600.Fiscal Year Section 601.Annual Budget,Preparation by the City Manager Section 602.Annual Budget. Submission to the City Council Section 603.Annual Budget.Public Hearing Section 604.Annual Budget.Further Consideration and Adoption Section 605.Annual Budget Appropriations Section 606.Determination of City Tax Rate Section 607.Tax Limits Section 608.Vote Required for Tax Measures Section 609.Real Estate Transfer Tax Section 610.Bonded Debt Limit Section 611.Revenue Bonds Section 612.Public Utilities and Parks and Beaches Section 613.Execution of Contracts Section 614.Contracts on Public Works Section 615. Granting of Franchises Section 616.Independent Audit Section 617.Infrastructure Fund ARTICLE VII.ELECTIONS Section 700.General Municipal Elections Section 701. Special Municipal Elections Section 702.Procedure for Holding Elections Section 703.Initiative,Referendum and Recall Section 704.Nomination Papers ARTICLE VIII.MISCELLANEOUS Section 800.Transition Section 801.Definitions Section 802.Violations Section 803.Property Rights Protection Measure Section 804.Charter Review Section 805. Safe and Sane Fireworks City of Huntington Beach City Charter Page 3 of 22 12/1/14 PROPOSED CHARTER AS RECOMMENDED BY THE CHARTER REVISION COMMITTEE (MAY 2022) Text in blue= proposed additions * Text with = proposed deletions CHARTER We,the people of the City of Huntington Beach, State of California believe fiscal responsibility and the prudent stewardship of public funds is essential for confidence in government,that ethics and integrity are the foundation of public trust and that just governance is built upon these values.Through the enactment of this Charter as the fundamental law of the City of Huntington Beach under the Constitution of the State of California,we do hereby exercise the privilege of retaining for ourselves,the benefits of local government,by enacting the laws,rules,regulations and procedures set forth herein pertaining to the governance and operation of our City. It is incumbent upon those who govern and make decisions for and on behalf of the City of Huntington Beach to legally,as well as morally,abide by the provisions of this Charter,in its strictest sense,to assure the continued success and well-being of our fair City. ARTICLE I INCORPORATION AND POWERS OF THE CITY Section 100.NAME.The municipal corporation now existing and known as the City of Huntington Beach shall remain and continue to exist as a municipal corporation under its present name of"City of Huntington Beach." Section 101.SEAL.The City shall have an official seal which may be changed from time to time by ordinance.The present official seal shall continue to be the official seal of the City until changed in the manner stated. Section 102.BOUNDARIES.The boundaries of the City shall continue as now established until changed in the manner authorized by law. Section 103.POWERS OF CITY.The City shall have the power to make and enforce all laws and regulations in respect to municipal affairs,subject only to such restrictions and limitations as may be provided in this Charter or in the Constitution of the State of California. Section 104.CONSTRUCTION.The general grant of power to the City under this Charter shall be construed broadly in favor of the City.The specific provisions enumerated in this Charter are intended to be and shall be interpreted as limitations upon the general grant of power and shall be construed narrowly. If any provisions of this Charter,or the application thereof to any person or circumstance is held invalid, the remainder of the Charter and the application of such provision to other persons or circumstances,shall not be affected thereby. Section 105.INTERGOVERNMENTAL RELATIONS.The City may exercise any of its powers or perform any of its functions and may participate in the financing thereof,jointly or in cooperation,by contract or otherwise,with any one or more states or civil divisions or agencies thereof,or the United States or any agency thereof. ARTICLE II FORM OF GOVERNMENT Section 200.COUNCIL-MANAGER FORM OF GOVERNMENT.The municipal government provided by this Charter shall be known as the Council-Manager form of government. City of Huntington Beach City Charter Page 4 of 22 12/1/14 PROPOSED CHARTER AS RECOMMENDED BY THE CHARTER REVISION COMMITTEE (MAY 2022) Text in blue= proposed additions * Text with = proposed deletions ARTICLE III ELECTIVE OFFICES Section 300.CITY COUNCIL TERMS.The elective officers of the City shall consist of a City Council of seven members, C;4t,A(4@m@5-,all to be elected from the City at large at the times and in the manner provided in this Charter and who shall serve for terms of four years and until their respective successors qualify. Subject to the provisions of this Charter,the members of the City Council in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and until their successors are elected and qualified.Consistent with the staggered election process established in the new Charter in 1966 and reaffirmed in 2022,four members of the City Council shall be elected at the general municipal election held in 40"2022,and each fourth year thereafter.Three members of the City Council shall be elected at the general municipal election held in 4468-2024,and each fourth year thereafter.No person shall be elected as a member of the City Council or as a City Attorney for more than two consecutive terms and no person who has been a member for more than two years of a term to which some other person was elected a member shall be elected to the City Council more than one further consecutive term. Subject to the provisions of this Charter,the City Clerk,City Treasurer and City Attorney in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and the qualification of their successors. The term of each member of the City Council, shall commence on the day of the first Mood"i regular City Council meeting following the certification of the election.Ties in voting among candidates for office shall be settled by the @Rsting of 40W random drawing process conducted by the City Manager during the first regular City Council meeting following the certification. Section 301.POWERS VESTED IN CITY COUNCIL.All powers of the City shall be vested in the City Council except as otherwise provided in this Charter. Section 302.COMPENSATION.The members of the City Council including the Mayor shall receive as compensation for their services as such a monthly salary in the sum of One Hundred Seventy-five Dollars per month.In addition,each member of the City Council shall receive reimbursement on order of the City Council for Council authorized traveling and other expenses when on official duty upon submission of itemized expense accounts therefor.In addition,members shall receive such reasonable and adequate amounts as may be established by ordinance,which amounts shall be deemed to be reimbursement to them of other routine and ordinary expenses,losses and costs imposed upon them by virtue of their serving as City Councilpersons. Section 303.MEETINGS AND LOCATION. (a) Regular Meetings.The City Council shall hold regular meetings at least twice each month at such time as it shall fix by ordinance or resolution and may adjourn any regular meeting to a date and hour certain which shall be specified in the order of adjournment. Each re-adjourned meeting shall be a regular meeting for all purposes. I. the '_1i- City of Huntington Beach City Charter Page 5 of 22 12/1/14 PROPOSED CHARTER AS RECOMMENDED BY THE CHARTER REVISION COMMITTEE (MAY 2022) Text in blue= proposed additions " Text with dobible st = proposed deletions If at any time any regular meeting falls on a holiday such regular meeting shall be held on the next business day. (b) Special Meetings.A special meeting may be called at any time by the Mayor,or by a majority of the members of the City Council,by written notice or current technology to each member of the City Council and to each local newspaper of general circulation,radio or television station requesting notice in writing. Such notice must be delivered personally,op by mail or by current technology at least twenty-four hours before the time of such meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted.No other business shall be considered at such meeting. If any person entitled to such written notice files a written waiver of notice with the City Clerk,it may be dispensed with.This notice requirement shall be considered fulfilled as to any person who is actually present at the meeting at the time it convenes.In the event of an emergency affecting the public peace,health or safety,a special meeting may be called as provided in this section with less than twenty-four hours written notice by the Mayor Pro Tem in the Mayor's absence or by any member of the City Council in the absence of both the Mayor and Mayor Pro Tem provided that the nature of the emergency is set forth in the minutes of the meeting. (c) Place of Meetings.All regular meetings shall be held in the Council Chambers of the City or in such place within the City to which any such meeting may be adjourned.If,by reason of fire, flood or other emergency,it shall be unsafe to meet in the place designated,the meetings may be held for the duration of the emergency at such place within the City as is designated by the Mayor,or, if he the Mayor should fail to act,by a majority of the members of the City Council. (d) Open Meetings.All regular and special meetings of the City Council shall be open and public,and all persons shall be permitted to attend such meetings,except that the provisions of this section shall not apply to closed sessions. Subject to the rules governing the conduct of City Council meetings,no person shall be denied the right to be heard by the City Council. (e) Dissemination of Information.The City Council shall adopt rules to ensure thorough and timely dissemination of information via current technology by resolution. Section 304.QUORUMS,PROCEEDINGS AND RULES OF ORDER. (a) Quorum.A majority of the members of the City Council shall constitute a quorum to do business but a lesser number may adjourn from time to time.In the absence of all the members of the City Council from any regular meeting or adjourned regular meeting,the City Clerk may declare the same adjourned to a stated day and hour.The City Clerk shall cause written notice of a meeting adjourned by less than a quorum or by the City Clerk to be delivered personally,of by mail or by current technology to each Council member at least twenty-four hours before the time to which the meeting is adjourned,or such notice may be dispensed with in the same manner as specified in this Charter for dispensing with notice of special meetings of the City Council. (b) Proceedings.The City Council shall judge the qualification of its members as set forth by the Charter.It shall judge all election returns.Each member of the City Council shall have the power to administer oaths and affirmations in any investigation or proceeding pending before the City Council. The City Council shall have the power and authority to compel the attendance of witnesses,to examine them under oath and to compel the production of evidence before it. Subpoenas shall be issued in the name of the City and be attested by the City Clerk.They shall be served and complied with in the same manner as subpoenas in civil actions.Disobedience of such subpoenas,or the refusal to testify(upon other than constitutional grounds),shall constitute a misdemeanor,and shall be punishable in the same manner as violations of this Charter are punishable.The City Council shall have control of all legal City of Huntington Beach City Charter Page 6 of 22 12/1/14 PROPOSED CHARTER AS RECOMMENDED BY THE CHARTER REVISION COMMITTEE (MAY 2022) Text in blue= proposed additions * Text with = proposed deletions business and proceedings and all property of the legal department,and may employ other attorneys to take charge of or may contract for any prosecution, litigation or other legal matter or business. In cases where there is a disagreement between the City Council and the City Attorney about the presence of a conflict of interest,the issue shall be decided by the City Council,and the decision of the City Council shall be final. (c) Rules of Order.The City Council shall establish rules for the conduct of its proceedings and evict or prosecute any member or other person for disorderly conduct at any of its meetings.Upon adoption of any ordinance,resolution,or order for payment of money,or upon the demand of any member,the City Clerk shall call the roll and shall cause the ayes and noes taken on the question to be entered in the minutes of the meeting. Section 305.PRESIDING OFFICER.At the Council meeting at which any Council member is installed following any general or special municipal election,and at any time when there is a vacancy in the office of Mayor,the City Council shall meet and shall elect one of its members as its presiding officer,who shall have the title of Mayor.The Mayor may make and second motions and shall have a voice and vote in all its proceedings.The Mayor shall be the official head of the City for all ceremonial purposes;shall have the primary but not the exclusive responsibility for interpreting the policies,programs and needs of the City government to the people,and as occasion requires,may inform the people of any major change in policy or program;and shall perform such other duties consistent with the office as may be prescribed by this Charter or as may be imposed by the City Council.The Mayor shall serve in such capacity at the pleasure of the City Council. Section 306.MAYOR PRO TEMPORE.The City Council shall also designate one of its members as Mayor Pro Tempore,who shall serve in such capacity at the pleasure of the City Council.The Mayor Pro Tempore shall perform the duties of the Mayor during the Mayor's absence or disability or at the Mayor's request. Section 307.NON-INTERFERENCE WITH ADMINISTRATION.Except as otherwise provided in this Charter,no member of the City Council shall order,directly or indirectly,the appointment by the City Manager,or by any of the department heads in administrative service of the City,of any person to any office or employment,or removal therefrom.Except for the purpose of investigation and inquiry,the members of the City Council shall deal with the administrative service under the jurisdiction of the City Manager solely through the City Manager,and no member of the City Council shall give orders to any subordinate of the City Manager,either publicly or privately. No elected department head or staff of the Office of the elected department head shall be a member of the management negotiation team for the purposes of negotiations of memorandums of understanding with the employee bargaining units. Section 308.OFFICIAL BONDS.The City Council shall fix by ordinance or resolution the amounts and terms of the official bonds of all officials or employees who are required by this Charter or by ordinance to give such bonds.All bonds shall be executed by responsible corporate surety,shall be approved as to form by the City Attorney,and shall be filed with the City Clerk.Premiums on official bonds shall be paid by the City.A blanket bond may be used if it provides the same protection as the required separate bond would provide. In all cases wherein an employee of the City is required to furnish a faithful performance bond,there shall be no personal liability upon,or any right to recover against,the employee's superior officer or other officer or employee or the bond of the latter,unless such superior officer,or other officer or employee is a party to the act or omission,or has conspired in the wrongful act directly or indirectly causing the loss. City of Huntington Beach City Charter Page 7 of 22 12/1/14 PROPOSED CHARTER AS RECOMMENDED BY THE CHARTER REVISION COMMITTEE (MAY 2022) Text in blue= proposed additions " Text with =proposed deletions Section 309.CITY ATTORNEY. POWERS AND DUTIES. To become and remain eligible for City Attorney the person elected or appointed shall have graduated from a law school accredited by the American Bar Association,be an attorney at law,duly licensed as such under the laws of the State of California,shall have been engaged in the practice of law in this State for at least fiw ten years prior to their election or appointment.The City Attorney shall have the power and may be required to: (a) Represent and advise the City Council and all City officers in all matters of law pertaining to their offices. (b) Prosecute on behalf of the people any or all criminal cases arising from violation of the provisions of this Charter or of City ordinances and such state misdemeanors as the City has the power to prosecute, unless otherwise provided by the City Council. (c) Represent and appear for the City in any or all actions or proceedings in which the City is concerned or is a party,and represent and appear for any City officer or employee,or former City officer or employee, in any or all civil actions or proceedings in which such officer or employee is concerned or is a party for any act arising out of their employment or by reason of their official capacity. (d) Attend all regular meetings of the City Council,unless excused,and give their advice or opinion orally or in writing whenever requested to do so by the City Council or by any of the boards or officers of the City. (e) Approve in writing the form of all contracts made by and all bonds and insurance given to the City. (f) Prepare any and all proposed ordinances and City Council resolutions and amendments thereto. (g) Devote such time to the duties of their office and at such place as may be specified by the City Council. (h) Perform such legal functions and duties incident to the execution of the foregoing powers as may be necessary. (i) Maintain the records of their office in compliance with all city records and retention policies and applicable laws. (i j) Surrender to their successor all books,papers,files,and documents pertaining to the City's affairs. (t k) Assist and cooperate with the City Manager consistent with Section 403 of the City Charter. (k 1) Provide advice related to compliance with the City Charter,Municipal Code,and all applicable law to all elected and appointed officials of the City. (m) Recuse from participating in any matters in which they have or may have a conflict of interest. (n) The City Council shall have control of all legal business and proceedings and all property of the legal department,and may employ other attorneys to take charge of or may contract for any prosecution,litigation or other legal matter or business. City of Huntington Beach City Charter Page 8 of 22 12/1/14 PROPOSED CHARTER AS RECOMMENDED BY THE CHARTER REVISION COMMITTEE (MAY 2022) Text in blue= proposed additions * Text with = proposed deletions Section 310.CITY CLERK. POWERS AND DUTIES.To become and remain eligible for City Clerk, the person elected or appointed shall, at the time of filing one's candidacy for election or application for appointment,have a Bachelor's Degree in business,public administration, or a related field,and hold a certification as a Municipal Clerk .The City Clerk shall have the power and shall be required to: (a) Attend all meetings of the City Council, unless excused,and be responsible for the recording and maintaining of a full and true record of all of the proceedings of the City Council in records that shall bear appropriate titles and be devoted to such purpose. (b) Maintain separate records,in which shall be recorded respectively all ordinances and resolutions,with the certificate of the Clerk annexed to each thereof stating the same to be the original or a correct copy,and as to an ordinance requiring publication,stating that the same has been published or posted in accordance with this Charter. (c) Maintain separate records of all written contracts and official bonds. (d) Keep all records in their possession properly indexed and open to public inspection when not in actual use. (e) Be the custodian of the seal of the City. (f) Administer oaths or affirmations,take affidavits and depositions pertaining to the affairs and business of the City and certify copies of official records. (g) Be ex officio Assessor, unless the City Council,has availed itself, or does in the future avail itself, of the provisions of the general laws of the State relative to the assessment of property and the collection of City taxes by county officers,or unless the City Council by ordinance provides otherwise. (h) Have charge of all City elections. (i) Perform such other duties consistent with this Charter as may be required by ordinance or resolution of the City Council. 0) Assist and cooperate with the City Manager consistent with Section 403 of the City Charter. The City Clerk may,subject to the approval of the City Council,appoint such deputy or deputies to assist them or act for them,at such salaries or compensation as the Council may by ordinance or resolution prescribe. Section 311.CITY TREASURER. POWERS AND DUTIES. To become and remain eligible for City Treasurer,the person elected or appointed shall,at the time of filing one's candidacy for election or application for appointment,have a minimum of five years of financial and/or treasury experience,and have either: A Master's Degree in accounting, finance,business,or public administration; or A Bachelor's Degree in accounting,finance,business,or public administration with certification by the California Municipal Treasurer's Association,or their successor,within three years of election or appointment. The City Treasurer shall have the power and shall be required to: City of Huntington Beach City Charter Page 9 of 22 12/1/14 PROPOSED CHARTER AS RECOMMENDED BY THE CHARTER REVISION COMMITTEE (MAY 2022) Text in blue= proposed additions Text with =proposed deletions (a) Receive on behalf of the City all taxes,assessments,license fees and other revenues of the City,or for the collection of which the City is responsible,and receive all taxes or other money receivable by the City from the County, State or Federal governments,or from any court, or from any office,department or agency of the City. (b) Have and keep custody of all public funds belonging to or under control of the City or any office, department or agency of the City government and deposit or cause to be deposited all funds coming into their hands in such depository as may be designated by resolution of the City Council,or,if no such resolution be adopted,then in such depository designated in writing by the City Manager,and in compliance with all of the provisions of the State Constitution and laws of the State governing the handling,depositing and securing of public funds. (c) Pay out moneys only on proper orders or warrants in the manner provided for in this Charter. (d) Prepare and submit to the Chief Financial Officer monthly written reports of all receipts, disbursements and fund balances,and shall file copies of such reports with the City Manager and City Council. (e) Perform such other duties consistent with this Charter as may be required by ordinance or resolution of the City Council. (f) Assist and cooperate with the City Manager consistent with Section 403 of the City Charter. The City Treasurer may, subject to the approval of the City Council,appoint such deputy or deputies to assist them or act for them, at such salaries or compensation as the Council may by ordinance or resolution prescribe. Section 312.VACANCIES, FORFEITURES AND REPLACEMENT. (a) Vacancies.A vacancy in the City Council or in any other office designated as elective by this Charter, from whatever cause arising, shall be filled by appointment by the City Council with at least four affirmative votes. (b) Forfeiture. If a member of the City Council is absent from all regular meetings of the City Council for a period of thirty consecutive days from and after the last regular City Council meeting attended by such member,unless by permission of the City Council expressed in its official minutes,the office shall become vacant. If an elected City officer pleads guilty or no contest to or is convicted of a felony or any crime of moral turpitude,or ceases to be an elector of the City,the office shall become vacant. The City Council shall declare the existence of such vacancy.Any elective officer of the City who shall accept or retain any other elective public office,except as provided in this Charter,shall be deemed thereby to have vacated the office under the City Government. (c) Replacement. In the event#the City Council shall fail to fill a vacancy by appointment within sixty days after such office shall become vacant,the City Council shall forthwith cause an election to be held to fill such vacancy for the remainder of the unexpired term. If the City Council fills the vacancy by appointment,such appointee shall hold office until an election to fill the remainder of the unexpired term at the next general municipal election. Should the appointment occur after the filing deadline for the next general municipal election,the seat shall be deemed vacant upon the certification of the general municipal election,and the vacancy shall be filled in accordance with Sections 312(a)and 312(c). City of Huntington Beach City Charter Page 10 of 22 12/1/14 PROPOSED CHARTER AS RECOMMENDED BY THE CHARTER REVISION COMMITTEE(MAY 2022) Text in blue= proposed additions " Text with =proposed deletions Section 313.CONFLICT OF INTEREST,NEPOTISM. (a) Conflict of Interest.The City Council shall adopt or approve rules and regulations regulating conflicts of interest and promoting fair dealing in all City business. (b) Nepotism.The City Council shall not appoint to a salaried position under the City government any person who is a relative by blood or marriage within the third degree of any one or more of the members of such City Council,nor shall the City Manager or any department head or other officer having appointive power appoint any relative of such person or of any Council member within such degree to any such position. This provision shall not affect the employment or promotional status of a person who has attained a salaried position with the City prior to the existence of a situation contemplated by this provision; however,Council members or officers with appointive powers in such a situation shall disqualify themselves from all decisions affecting the employment and promotional status of such person. ARTICLE IV APPOINTIVE OFFICES AND PERSONNEL Section 400.CITY MANAGER.COMPOSITION,TERM,ELIGIBILITY,REMOVAL. (a) Composition.There shall be a City Manager who shall be the chief administrative officer of the City. (b) Term.The City Manager shall be appointed by the affirmative vote of at least a majority of the members of the City Council and shall serve at the pleasure of the City Council;provided, however,that the person occupying the office shall not be removed from office except as herein provided. (c) Eligibility.The City Manager shall be chosen on the basis of executive and administrative qualifications,with special reference to actual experience in and knowledge of accepted practice as regards the duties of the office as herein set forth.No person shall be eligible to be appointed City Manager or Acting City Manager while serving as a member of the City Council nor within one year following the termination of membership on the City Council. (d) Removal.The City Manager shall not be removed from office during or within a period of ninety days next succeeding any municipal election at which a member of the City Council is elected. At any other time the City Manager may be removed only at a regular meeting of the City Council and upon the affirmative vote of a majority of the members of the City Council.At least thirty days prior to the effective date of removal,the City Manager shall be furnished with a written notice stating the Council's intentions and,if requested by the City Manager,the reasons therefor.Within seven days after receipt of such notice,the City Manager may by written notification to the City Clerk request a public hearing before the City Council,in which event the Council shall fix a time for a public hearing which shall be held at its regular meeting place before the expiration of the thirty-day period above referred to. The City Manager shall appear and be heard at such hearing.After furnishing the City Manager with written notice of the intended removal,the City Council may suspend the City Manager from duty,but l6 the City Manager's compensation shall continue until removal as herein provided.In removing the City Manager,the City Council shall use its uncontrolled discretion and its action shall be final and shall not depend upon any particular showing or degree of proof at the hearing,the purpose of which is to allow the City Council and the City Manager to present to each other and to the public all pertinent facts prior to the final action of removal. City of Huntington Beach City Charter Page 11 of 22 12/1114 PROPOSED CHARTER AS RECOMMENDED BY THE CHARTER REVISION COMMITTEE(MAY 2022) Text in blue=proposed additions * Text with =proposed deletions Section 401.POWERS AND DUTIES.Except as otherwise provided in this Charter,the City Manager shall be responsible to the City Council for the proper administration of all affairs of the City. Without limiting this general grant of powers and responsibilities,the City Manager shall have the power and be required to: (a) Appoint,promote,demote,suspend or remove department heads,officers and employees of the City except elective officers and the Chief of Police.The Chief of Police shall not be appointed or removed until the City Manager shall first have reviewed such appointment or removal with the City Council and have received approval for such appointment or removal by a majority vote of the full City Council. (b) Prepare the budget annually,submit it to the City Council,and be responsible for its administration upon adoption. (c) Prepare and submit to the City Council as of the end of each fiscal year,a complete report on the finances of the City,and annually or more frequently,a current report of the principal administrative activities of the City. (d) Keep the City Council advised of the financial condition and future needs of the City and make such recommendations as may seem desirable. (e) Maintain a centralized purchasing system for all City offices,departments and agencies. (f) Prepare,administer and enforce rules and regulations recommended to and adopted by the City Council governing the contracting for,purchase,inspection,storage,inventory,distribution and disposal of all supplies,materials and equipment required by any office,department or agency of the City government. (g) Be responsible for the compliance by the City with the laws of the State pertaining to the City,the provisions of this Charter and the ordinances,franchises and rights of the City. Subject to policy established by the City Council,exercise control of all administrative offices and departments of the City and of all appointive officers and employees,and prescribe such general rules and regulations as deemed necessary or proper for the general conduct of the administrative offices and departments of the City under their jurisdiction. (h) Perform such other duties consistent with this Charter as may be required by the City Council. Section 402.ACTING CITY MANAGER.During any temporary absence or disability of the City Manager,the City Manager shall appoint one of the other officers or department heads of the City to serve as Acting City Manager.In the event the City Manager fails to make such appointment, such appointment may be made by the City Council. Section 403.PERSONNEL.In addition to the City Council,a City Clerk,a City Treasurer,a City Attorney and City Manager,the officers and employees of the City shall consist of such other officers, assistants,deputies and employees as the City Council may provide by ordinance or resolution.The City Council shall establish such reasonable compensation and fringe benefits as are appropriate by ordinance or resolution for such offices,officials and employees except as herein provided. The City Council shall maintain by ordinance a comprehensive personnel system for the City.The City Manager and any officers designated as elective by the Charter shall be exempt. The system shall consist of the establishment of minimum standards of employment and qualifications for the various classes of City of Huntington Beach City Charter Page 12 of 22 1211/14 PROPOSED CHARTER AS RECOMMENDED BY THE CHARTER REVISION COMMITTEE (MAY 2022) Text in blue= proposed additions * Text with = proposed deletions employment and procedures to be followed in advancement,demotion,suspension and discharge of employees included within the system,as the City Council shall determine to be for the best interest of the public service.The ordinance shall designate the appointive officers and employees who shall be included within the system.By subsequent ordinances the City Council may amend the system or the list of appointive officers and employees included within the system.The system shall comply with all other provisions of this Charter. It shall be the duty of all department heads,whether appointed or elected,to assist and cooperate with the City Manager in administering the affairs of the City in the most efficient,fiscally responsible,and harmonious manner consistent with the duties as prescribed by law,City Charter,or by ordinance. Section 404.RETIREMENT SYSTEM.The City shall participate in a retirement system. Section 405.BOARDS,COMMISSIONS AND COMMITTEES.The City Council shall establish such boards,commissions and committees as are deemed necessary for the orderly functioning of the City.All such boards,commissions and committees shall report directly to the City Council. ARTICLE V ORDINANCES AND RESOLUTIONS Section 500. REGULAR ORDINANCES.ENACTMENT,ADOPTION,PUBLICATION, AMENDMENT,WHEN EFFECTIVE AND CODIFICATION. (a) Enactment.In addition to such other acts of the City Council as are required by this Charter to be taken by ordinance,every act of the City Council establishing a fine or other penalty,or granting a franchise,shall be by ordinance.The enacting clause of all ordinances shall be substantially as follows: "The City Council of the City of Huntington Beach does ordain as follows:"No order for the payment of money shall be adopted or made at other than a regular or adjourned regular meeting.Upon introduction,an ordinance shall be read by title only.Unless a higher vote is required by other provisions of this Charter,the affirmative vote of at least four of the City Council shall be required for the enactment of any ordinance or for the making or approving of any order for the payment of money.All ordinances shall be signed by the Mayor and attested by the City Clerk. (b) Adoption.A regular ordinance shall be adopted only at a regular or adjourned regular meeting held no less than five days after its introduction.In the event that any ordinance is altered after its introduction,it shall be finally adopted only at a regular or adjourned regular meeting held no less than five days after the date it was so altered.The correction of typographical or clerical errors shall not constitute the making of an alteration within the meaning of the foregoing sentence. (c) Publication.The City Clerk shall cause each ordinance to be posted in three places designated by the City Council within the City and to be published by title with a brief summary at least once within fifteen days after its adoption in a daily,semiweekly or weekly newspaper,published in the County or the City and circulated in the City,which is selected by the City Council for that purpose. Current technology shall be used to ensure the widest possible dissemination. (d) Amendment.The amendment of any section or subsection of an ordinance may be accomplished solely by the re-enactment of such section or subsection at length,as amended. (e) When Effective.Every ordinance shall become effective thirty days from and after the date of its adoption,except the following,which shall take effect upon adoption: (1) An ordinance calling or otherwise relating to an election; City of Huntington Beach City Charter Page 13 of 22 12/1/14 PROPOSED CHARTER AS RECOMMENDED BY THE CHARTER REVISION COMMITTEE (MAY 2022) Text in blue= proposed additions * Text with = proposed deletions (2) An improvement proceeding ordinance adopted under some special law or procedural ordinance relating thereto; (3) An ordinance declaring the amount of money necessary to be raised by taxation, or fixing the rate of property taxation,or levying the annual tax upon property. (4) An emergency ordinance adopted in the manner provided in this Charter. (f) Codification.Detailed regulations pertaining to any subject and comprehensive codifications of valid ordinances may be adopted by reference,with the same effect as an ordinance,in the manner set forth herein;however,such regulations and codifications need not be published in the manner required for other ordinances,but not less than three copies thereof shall be filed for use and examination by the public in the office of the City Clerk prior to adoption.Ordinances codified shall be repealed as of the effective date of the codification.Amendments to the code shall be enacted by ordinance. Section 501.EMERGENCY ORDINANCES.Any ordinance declared by the City Council to be necessary as an emergency measure for the immediate preservation of the public peace,health,or safety, and containing a statement of the reasons for its urgency, may be adopted in the manner provided in Section 500 except that such emergency ordinance may be introduced,enacted and adopted at one and the same regular or special meeting and shall take effect immediately upon adoption if passed by at least five affirmative votes.An emergency ordinance shall expire automatically after 120 days. Section 502.RESOLUTIONS.The City Council may act by resolution or minute order in all actions not required by this Charter to be taken by ordinance. Section 503.PUBLISHING OF LEGAL NOTICES.The City Council shall cause to be published all legal notices and other matters required to be published by law in a daily,semiweekly or weekly newspaper published in the County or the City and circulated in the City which is selected by the City Council for that purpose and using current technology.No defect or irregularity in proceedings taken under this section shall invalidate any publication where it is otherwise in conformity with this Charter or law or ordinance. ARTICLE VI FISCAL ADMINISTRATION Section 600.FISCAL YEAR.The fiscal year of the City shall be as set forth by resolution of the City Council. Section 601.ANNUAL BUDGET,PREPARATION BY THE CITY MANAGER.At such date as the City Manager shall determine,each board or commission and each department head shall furnish to the City Manager,personally,or through the Chief Financial Officer,estimates of the department's,board's or commission's revenue and expenditures for the ensuing fiscal year,detailed in such manner as may be prescribed by the City Manager.In preparing the proposed budget,the City Manager shall review the estimates,hold conferences thereon with the respective department heads, boards or commissions as necessary,and may revise the estimates as may be deemed advisable. Section 602.ANNUAL BUDGET.SUBMISSION TO THE CITY COUNCIL.The City Manager shall submit the proposed budget to the City Council at least thirty days prior to the beginning of each fiscal year.After reviewing the proposed budget and making such revisions as it may deem advisable,the City Council shall hold a public hearing thereon at least fifteen days prior to the beginning of each fiscal year and shall cause to be published a notice thereof not less than ten days prior to said hearing.Copies of City of Huntington Beach City Charter Page 14 of 22 12/1/14 PROPOSED CHARTER AS RECOMMENDED BY THE CHARTER REVISION COMMITTEE (MAY 2022) Text in blue= proposed additions * Text with = proposed deletions the proposed budget shall be available for inspection by the public in the office of the City Clerk at least ten days prior to said hearing. Section 603.ANNUAL BUDGET.PUBLIC HEARING.At the time so advertised or at any time to which such public hearing shall from time to time be adjourned,the City Council shall hold a public hearing on the proposed budget,at which interested persons desiring to be heard shall be given such opportunity. Section 604.ANNUAL BUDGET.FURTHER CONSIDERATION AND ADOPTION.At the conclusion of the public hearing the City Council shall further consider the proposed budget and make any revisions thereof that it may deem advisable and on or before the last day of the fiscal year it shall adopt the budget with revisions,if any,by the affirmative vote of at least a majority of the total members of the Council.Upon final adoption,the budget shall be in effect for the ensuing fiscal year. Copies thereof,certified by the City Clerk,shall be filed with the City Manager,9i t _ Chief Financial Officer,City Treasurer and the person retained by the City Council to perform the post audit function,and a further copy shall be placed,and shall remain on file in the office of the City Clerk where it shall be available for public inspection.The budget so certified shall be reproduced and copies made available for the use of the public and of departments,offices and agencies of the City. Section 605.ANNUAL BUDGET APPROPRIATIONS.From the effective date of the budget,the several amounts stated therein as proposed expenditures shall be and become appropriated to the several departments,offices and agencies for the respective objects and purposes therein named;provided, however,that the City Manager may transfer funds from one object or purpose to another within the same department,office or agency.All appropriations shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered. At any public meeting after the adoption of the budget,the City Council may amend or supplement the budget by motion adopted by the affirmative vote of at least a majority of the total members of the City Council. Section 606.DETERMINATION OF CITY TAX RATE.The City Council shall prescribe by ordinance for the assessment,levy and collection of taxes upon property which is taxable for municipal purposes.If the City Council fails to fix the rate and levy taxes on or before August 31 in any year,the rate for the next preceding fiscal year shall thereupon be automatically adopted and a tax at such rate shall be deemed to have been levied on all taxable property in the City for the current fiscal year. Section 607.TAX LIMITS. (a) The City Council shall not levy a property tax for municipal purposes in excess of One Dollar annually on each One Hundred Dollars of the assessed value of taxable property in the City,except as otherwise provided in this section,unless authorized by the affirmative vote of a majority of the electors voting on a proposition to increase such levy at any election at which the question of such additional levy for municipal purposes is submitted to the electors.The number of years that such additional levy is to be made shall be specified in such proposition. (b) There shall be levied and collected at the same time and in the same manner as other property taxes for municipal purposes are levied and collected,as additional taxes not subject to the above limitation,if no other provision for payment thereof is made: 1. A tax sufficient to meet all liabilities of the City of principal and interest of all bonds and judgments due and unpaid,or to become due during the ensuing fiscal year,which constitute general obligations of the City;and City of Huntington Beach City Charter Page 15 of 22 12/1/14 PROPOSED CHARTER AS RECOMMENDED BY THE CHARTER REVISION COMMITTEE (MAY 2022) Text in blue= proposed additions * Text with = proposed deletions 2. A tax sufficient to meet all obligations of the City for the retirement system in which the City participates,due and unpaid or to become due during the ensuing fisoal year. (c) Special levies,in addition to the above and not subject to the above limitation,may be made annually,based on City Council approved estimates,for the following specific purposes,but not to exceed the following respective limits for those purposes for which limits are herein set forth,to wit: parks and recreation and human services not to exceed$0.20 per One Hundred Dollars;Libraries not to exceed$0.15 per One Hundred Dollars;promotional interests and cultural affairs not to exceed$0.07 per One Hundred Dollars;and civil defense and disaster preparedness not to exceed$0.03 per One Hundred Dollars.The proceeds of any special levy shall be used for no other purpose than that specified. Section 608.VOTE REQUIRED FOR TAX MEASURES.No tax,property tax,or other measure whose principal purpose is the raising of revenue,or any increase in the amount thereof,shall be levied, enacted or established except by ordinance adopted by the affirmative vote of at least five(5)members of the City Council;provided,however,that any tax levied or collected pursuant to Section 607(b)of this Charter shall be exempt from the minimum voting requirement of this section. This section shall not apply to any license,permit,or any other fee or charge whose principal purpose is to pay or reimburse the City for the cost of performing any regulatory function of the City under its police power in connection with the City's duty to preserve or maintain the public peace,health,safety and welfare. This section shall not apply to any user or service fee or charge provided such fee or charge is directly related to such use or service,is charged to the user or person receiving such service,and is to pay or reimburse the City for the costs of providing such use or service. This section shall not apply to any fee or charge relating to any franchise or proprietary function of the City. Section 609.REAL ESTATE TRANSFER TAX.The City Council shall not levy a tax on the transfer or conveyance of any interest in real property unless authorized by the affirmative vote of a majority of the electors voting on a proposition submitted to the electors to authorize such tax at a general or special election. Section 610.BONDED DEBT LIMIT.The City shall not incur an indebtedness evidenced by general obligation bonds which shall in the aggregate exceed the sum of 12 percent of the total assessed valuation, for purposes of City taxation,of all the real and personal property within the City. No bonded indebtedness which shall constitute a general obligation of the City may be created unless authorized by the affirmative vote of the majority required by law of the electors voting on such proposition at any election at which the question is submitted to the electors. Section 611.REVENUE BONDS.Bonds which are payable only out of such revenues,other than taxes, as may be specified in such bonds,may be issued when the City Council by ordinance shall have established a procedure for the issuance of such bonds.Such bonds,payable only out of revenues,shall not constitute an indebtedness or general obligation of the City.No such bonds payable out of revenues shall be issued without the assent of the majority of the voters voting upon the proposition for issuing the same at an election at which such proposition shall have been duly submitted to the registered voters of the City. It shall be competent for the City to make contracts and covenants for the benefit of the holders of any such bonds payable only from revenues and which shall not constitute a general obligation of the City for City of Huntington Beach City Charter Page 16 of 22 12/1/14 PROPOSED CHARTER AS RECOMMENDED BY THE CHARTER REVISION COMMITTEE(MAY 2022) Text in blue= proposed additions " Text with =proposed deletions the establishment of a fund or funds,for the maintaining of adequate rates or charges,for restrictions upon further indebtedness payable out of the same fund or revenues,for restrictions upon transfer out of such fund,and other appropriate covenants.Money placed in any such special fund for the payment of principal and/or interest on any issue of such bonds or to assure the application thereof to a specific purpose shall not be expended for any other purpose whatever except for the purpose for which such special funds were established and shall be deemed segregated from all other funds of the City and reserved exclusively for the purpose for which such special fund was established until the purpose of its establishment shall have been fully accomplished. Section 612.PUBLIC UTILITIES AND PARKS AND BEACHES. (a) No public utility or park or beach or portion thereof now or hereafter owned or operated by the City shall be sold,leased,exchanged or otherwise transferred or disposed of unless authorized by the affirmative votes of at least a majority of the total membership of the City Council and by the affirmative vote of at least a majority of the electors voting on such proposition at a general or special election at which such proposition is submitted. (b) No golf course,driving range,road,building over three thousand square feet in floor area nor structure costing more than$161,000.00 may be built on or in any park or beach or portion thereof now or hereafter owned or operated by the City unless authorized by the affirmative votes of at least a majority of the total membership of the City Council and by the affirmative vote of at least a majority of the electors voting on such proposition at a general or special election at which such proposition is submitted after the appropriate environmental assessment,conceptual cost estimate,and reasonable project description has been completed and widely disseminated to the public.Effective January 1,2011, and each year thereafter,the maximum cost will be adjusted by the Consumer Price Index for the Los Angeles-Riverside-Orange County area. (c) Section 612(a)and 612(b)shall not apply; (1) to libraries or piers; (2) to any lease,franchise,concession agreement or other contract where; - the contract is to perform an act or provide a service in a public park or beach AND - such act was being performed or service provided at the same location prior to January 1, 1989 AND - the proposed lease,franchise,concession agreement or other contract would not increase the amount of parkland or beach dedicated to or used by the party performing such act or providing such service. (3) to above ground public works utility structures under 3,000 square feet; (4) to underground public works utility structures if park or beach use is not impeded; (5) to any public works construction,maintenance or repair mandated by state or federal law that does not negatively impact recreational opportunities;er (6) to renewable energy projects that do not negatively impact recreational opportunities.; or City of Huntington Beach City Charter Page 17 of 22 12/1/14 PROPOSED CHARTER AS RECOMMENDED BY THE CHARTER REVISION COMMITTEE (MAY 2022) Text in blue= proposed additions " Text with = proposed deletions (7) to the replacement of existing equipment or infrastructure that does not exceed its current footprint or height by more than 10%and also maintains its current use. (d) If any section,subsection,part,subpart,paragraph,clause or phrase of this amendment, or any amendment or revision of this amendment,is for any reason held to be invalid or unconstitutional, the remaining sections,subsections,parts,subparts,paragraphs,clauses or phrases shall not be affected but shall remain in full force and effect. Section 613.EXECUTION OF CONTRACTS.Except as hereinafter provided,the City shall be bound by a contract only if it is made in writing,approved by the City Council and signed on behalf of the City by the Mayor and City Clerk or by a City officer designated by the City Council and only upon the direction of the City Council.Exceptions to this procedure are as follows: (a) By ordinance or resolution the City Council may authorize the City Manager or other officer to bind the City,with or without a written contract,for the acquisition of equipment,materials, supplies,labor,services or other items included within the budget approved by the City Council,and may impose a monetary limit upon such authority. (b) By ordinance or resolution,the City Council may provide a method for the sale or exchange of personal property not needed in the City service or not fit for the purpose for which intended, and for the conveyance of title thereto. (c) Contracts for the sale of the products,commodities or services of any public utility owned,controlled or operated by the City may be made by the manager of such utility or by the head of the department or City Manager upon forms approved by the City Manager and at rates fixed by the City Council. Section 614.CONTRACTS ON PUBLIC WORKS.Except as hereinafter expressly provided,every contract involving an expenditure as set forth by ordinance of the City Council for the construction or improvement(excluding maintenance and repair)of public buildings,works,streets,drains,sewers, utilities,parks and playgrounds,and each separate purchase of materials or supplies for the same,where the expenditure required for such purchase shall exceed the amount set by ordinance,shall be let to the lowest responsible bidder after notice by publication in accordance with Section 503 by two or more insertions,the first of which shall be at least ten days before the time for opening bids. The City Council may reject any and all bids presented and may readvertise in its discretion.After rejecting bids,or if no bids are received,or without advertising for bids if the total amount of the contract or project is below the amount set by ordinance,the City Council may declare and determine that in its opinion,the work in question may be performed better or more economically by the City with its own employees,or that the materials or supplies may be purchased at lower price in the open market,and after the adoption of a resolution to this effect by the affirmative vote of a majority of the total members of the City Council,it may proceed to have said work done or such materials or supplies purchased in the manner stated without further observance of the provisions of this section. All public works contracts exceeding the amount set by ordinance may be let and purchases exceeding the amount set by ordinance may be made without advertising for bids if such work or the purchase of such materials or supplies shall be deemed by the City Council to be of urgent necessity for the preservation of life,health,or property and shall be authorized by at least five affirmative votes of the City Council. Projects for the extension,replacement or expansion of the transmission or distribution system of any existing public utility operated by the City or for the purchase of supplies or equipment for any such City of Huntington Beach City Charter Page 18 of 22 12/1/14 PROPOSED CHARTER AS RECOMMENDED BY THE CHARTER REVISION COMMITTEE(MAY 2022) Text in blue= proposed additions * Text with = proposed deletions project or any such utility may be excepted from the requirements of this section by the affirmative vote of a majority of the total members of the City Council. Section 615.GRANTING OF FRANCHISES.The City Council shall by ordinance regulate the granting of franchises for the City. Section 616.INDEPENDENT AUDIT.The City Council shall provide for an independent annual audit of all City accounts and may provide for such more frequent audits as it deems necessary. Such audits shall be made by a certified public accountant or firm of such accountants who have no personal interest, direct or indirect,in the fiscal affairs of the City government or any of its officers.The Council may, without requiring competitive bids,designate such accountant or firm annually provided that the designation for any particular fiscal year shall be made no later than thirty days after the beginning of such fiscal year.As soon as practicable after the end of the fiscal year,a final audit and report shall be submitted by such accountant to the City Council,one copy thereof to be distributed to each member. Additional copies of the audit shall be placed on file in the office of the City Clerk where they shall be available for inspection by the general public,and a copy of the financial statement as of the close of the fiscal year shall be published in the official newspaper. Section 617.INFRASTRUCTURE FUND. (a)All revenue raised by vote of the electors or imposed by vote of the City Council on or after March 5,2002,by a measure which states that the revenue to be raised is for the purpose of infrastructure, as said term is defined in this paragraph, shall be placed in a separate fund entitled"Infrastructure Fund." The term"Infrastructure" shall mean long-lived capital assets that normally are stationary in nature and normally can be preserved for significantly greater number of years.They include storm drains,storm water pump stations,alleys,streets,highways,curbs and gutters,sidewalks,bridges,street trees, landscaped medians,parks,beach facilities,playgrounds,traffic signals,streetlights,block walls along arterial highways,and all public buildings and public ways.Interest earned on monies in the Infrastructure Fund shall accrue to that account.Monies in said Fund shall be utilized only for direct costs relating to infrastructure improvements or maintenance,including construction,design,engineering, project management,inspection,contract administration and property acquisition.Monies in said Fund shall not be transferred,loaned or otherwise encumbered for any other purpose. (b)Revenues placed in the Infrastructure Fund shall not supplant existing infrastructure funding. The average percentage of general fund revenues utilized for infrastructure improvements and maintenance,for the five-(5)year period of 1996 to 2001, is and was 14.95%.Expenditures for infrastructure improvements and maintenance,subsequent to 2001,shall not be reduced below 15%of general fund revenues based on a five-(5)year rolling average. (c)The City Council shall by ordinance establish a Citizens Infrastructure Advisory Board to conduct an annual review and performance audit of the Infrastructure Fund and report its findings to the City Council prior to adoption of the following fiscal-year budget. City of Huntington Beach City Charter Page 19 of 22 12/1/14 PROPOSED CHARTER AS RECOMMENDED BY THE CHARTER REVISION COMMITTEE (MAY 2022) Text in blue= proposed additions " Text with = proposed deletions ARTICLE VII ELECTIONS Section 700.GENERAL MUNICIPAL ELECTIONS.General municipal elections shall be held in the city on the first Tuesday after the first Monday in November in each even-numbered year. Section 701.SPECIAL MUNICIPAL ELECTIONS.All other municipal elections that may be held by authority of this Charter,or of any law,shall be known as special municipal elections. Section 702.PROCEDURE FOR HOLDING ELECTIONS.All elections shall be held in accordance with the provisions of the Elections Code of the State of California,as the same now exists or hereafter may be amended,for the holding of municipal elections,so far as the same are not in conflict with this Charter. Section 703.INITIATIVE,REFERENDUM AND RECALL.There are hereby reserved to the electors of the City the powers of the initiative and referendum and of the recall of municipal elective officers. The provisions of the Elections Code of the State of California,as the same now exists or hereafter may be amended,governing the initiative and referendum and the recall of municipal officers,shall apply to the use thereof in the City so far as such provisions of the Elections Code are not in conflict with the provisions of this Charter. Section 704.NOMINATION PAPERS.Nomination papers for candidates for elective municipal office must be signed by not less than twenty nor more than thirty electors of the City. ARTICLE VIII MISCELLANEOUS Section 800.TRANSITION.Elective officers and elective officers whose offices are made appointive of the City shall continue to hold such offices until the completion of their current terms and the election or appointment and qualification of their respective successors under this Charter.All boards,commissions and committees presently in existence shall continue to act in accordance with their original grant of authority until such time as the City Council adopts appropriate ordinances pertaining to their activities or for one year,whichever occurs first.All lawful ordinances,resolutions,rules and regulations,and portions thereof,in force at the time this Charter takes effect and not in conflict or inconsistent herewith, are hereby continued in force until the same shall have been duly repealed,amended,changed or superseded by proper authority. Section 801. DEFINITIONS.Unless the provisions or the context otherwise requires,as used in this Charter: (a) "Shall' is mandatory,and"may" is permissive. (b) "City"is the City of Huntington Beach and"department," "board," "commission," "agency," 'officer," or"employee" is a department,board,commission,agency,officer or employee,as the case may be,of the City of Huntington Beach. (c) "County"is the County of Orange. (d) "State" is the State of California. (fie) The singular includes the plural and the plural the singular. City of Huntington Beach City Charter Page 20 of 22 12/1114 PROPOSED CHARTER AS RECOMMENDED BY THE CHARTER REVISION COMMITTEE (MAY 2022) Text in blue= proposed additions * Text with = proposed deletions (g f) "Person" includes firm and corporation. Section 802.VIOLATIONS.The violation of any provision of this Charter shall be a misdemeanor. Section 803.PROPERTY RIGHTS PROTECTION MEASURE. (a) The City shall not enact or enforce any measure which mandates the price or other consideration payable to the owner in connection with the sale,lease,rent,exchange or other transfer by the owner of real property.Any such measure is hereby repealed. (b) The word"mandates"as used in subsection(a)includes any measure taken by ordinance, resolution,administrative regulation or other action of the City to establish,continue,implement or enforce any control or system of controls on the price or other terms on which real property in the city may be offered,sold,leased,rented,exchanged or otherwise transferred by its owner.The words"real property" as used in subsection(a)refer to any parcel of land or site,either improved or unimproved,on which a dwelling unit or residential accommodation is or may be situated for use as a home,residence or sleeping place. (c) This Section 803 shall not apply to: (1) any real property which contains serious health,safety,fire or building code violations,excluding those caused by disasters,for which a civil or criminal citation has been issued by the City and remains unabated for six months or longer; (2) any real property owned by a public entity,and real property where the owner has agreed by contract with the public entity,including the City and any of its related agencies,to accept a financial contribution or other tangible benefit including without limitation,assistance under the Community Redevelopment Law; (3) any planning or zoning power of the City as relates to the use,occupancy or improvement of real property and to any real property which the City or any of its related agencies may acquire by eminent domain,purchase,grant or donation; (4) any power of the City to require a business license for the sale or rental of real property,whether for regulation or general revenue purposes; (5) any dwelling unit or accommodation in any hotel,motel or other facility when the transient occupancy of that dwelling unit or accommodation is subject to a transient occupancy tax;or (6) to impair the obligation of any contract entered into prior to the enactment of this Section 803 or otherwise required by State law. Section 804.CHARTER REVIEW.The City Council shall determine if there is a need to convene a citizen's Charter Review Commission to conduct a review of the City Charter no less frequently than every ten years from the most recent formal Charter review conducted by a Charter Revision Commission,City Council,or City staff. Section 805.SAFE AND SANE FIREWORKS. It shall be lawful to possess,sell,display,use or discharge within the City,those fireworks that are defined and classified as Safe and Sane Fireworks City of Huntington Beach City Charter Page 21 of 22 1211/14 PROPOSED CHARTER AS RECOMMENDED BY THE CHARTER REVISION COMMITTEE (MAY 2022) Text in blue= proposed additions " Text with de, We As =proposed deletions (a.k.a. "state-approved fireworks")in the California State Fireworks Law(sections 12500 et seq. of the Health and Safety Code and the relevant sections of Code of Regulations Title 19, Subchapter 6)subject to regulation by City Council. City of Huntington Beach City Charter Page 22 of 22 12/1/14 ATTACHMENT 6 CHARTER REVISION COMMITTEE MINUTES Charter Revision Committee City of Huntington Beach Wednesday, December 1, 2021 City Hall Lower Level 5:30 PM - Regular Meeting Conference Room B-8 and Zoom MINUTES CYNTHIA BENTON, Board Member CASEY MCKEON, Board Member SCOTT MILLER, Board Member i DAMON MIRCHEFF, Board Member Catherine Jun, Office of the City Manager LEONIE MULVIHILL, Board Member Raphael Sonenshein, Consultant CHARLES RAY, Board Member DIANNE THOMPSON, Board Member 1. CALL TO ORDER. Meeting was called to order at 5:33pm. 2. SWEARING IN OF MEMBERS AND ROLL CALL. Committee Members—All present Staff—Jun, Sonenshein, and Assistant City Manager Travis Hopkins 3. PUBLIC COMMENTS Comment received from Victor Leipzig, who expressed uncertainty that the Charter needed revision. 4. REGULATORY GUIDANCE • Brown Act • AB 1234 • California Public Records Act This item was presented by Assistant City Attorney Michael Vigliotta, who went over each regulation and received clarifying questions from Members. 5. WELCOME & ORIENTATION. Introductions were made by each Committee member and staff. Sonenshein provided an in depth explanation of the Charter review process and its purpose. Sonenshein recommended focusing on the timeline and the ultimate goal of working together to review and potentially recommend revisions to parts of the Charter. He reminded the Committee that the Charter does not serve to address every municipal matter but provides the overarching structure upon which the government will function. Sonenshein received clarifying questions from Members. 6. COMMITTEE GOALS AND TIMELINE Jun presented a proposed timeline to the Committee and opened up discussion to identify the meeting cadence/frequency needed to stay on track. Committee members agreed to meet twice a month in order to finalize potential revisions and present them to the City Council by Spring 2022. The goal is to place them on the ballot for the November 2022 elections. The Committee agreed to meet on the 2nd and 4th Thursday of each month at 6PM, beginning in Charter Revision Committee Minutes—December 1, 2021 January 2022. The Committee also agreed to meet for a second time this month on December 16 at 6PM. 7. MEETING LOGISTICS • Meeting structure and format (with facilitation from Consultant) • Preferred meeting frequency, dates, and times • Chair and Vice Chair positions Bullet points 1-2 were addressed under Item 6. Sonenshein then discussed the importance of the Chair and Vice Chair positions and explained the nomination and voting process which will take place during the December 16 meeting. Sonenshein and Jun then took questions about the meeting structure and format and staff provided assurance that a work plan will be provided, outlining the process and timeline to get to the goal. Sonenshein and Jun also received requests for additional research and information which will be presented at the December 16 meeting. 8. PROPOSED AGENDA ITEMS FOR THE NEXT MEETING Committee members requested a review of the draft workplan. 9. STAFF COMMENTS/ DISTRIBUTION OF INFORMATION • Board Binder o Required documents o City's policies and regulations related to Boards and Commissions Jun asked the Committee to review and turn in certifications for training in AB 1234, Harassment Prevention, and staff policies. 10. ADJOURNMENT The next regularly scheduled meeting of the Charter Revision Committee is Thursday, December 16 at 6PM. An agenda will be posted 72 hours prior to the next meeting on https://huntingtonbeach.legistar.com/Calendar.aspx. Charter Revision Committee City of Huntington Beach Wednesday, December 16, 2021 ♦ City Hall Lower Level 6:00 PM -Regular Meeting ' . Conference Room B-7 and Zoom MINUTES _ DAMON MIRCHEFF, Chair CHARLES CJ RAY, Vice Chair FFe.gi9cs-,4° CYNTHIA BENTON, Board Member ♦ CASEY MCKEON, Board Member Catherine Jun, Office of the City Manager SCOTT MILLER, Board Member Raphael Sonenshein, Consultant LEONIE MULVIHILL, Board Member DIANNE THOMPSON, Board Member 1. CALL TO ORDER Meeting was called to order at 6:10pm. 2. ROLL CALL All Committee Members and staff present. 3. PUBLIC COMMENTS NONE. 4. APPROVAL OF MINUTES FROM DECEMBER 1, 2021. Motion made to approve the minutes as is by Mulvihill and seconded by Ray. Minutes approved unanimously by the Committee. 5. ELECTION OF CHAIR AND VICE CHAIR Nominations for Chair: - Mulvihill nominated Mircheff as Chair - Thompson nominated herself as Chair Mircheff was voted as Chair with 6 votes. Nominations for Vice Chair: - Mulvihill nominated Ray as Vice Chair - Benton nominated Thompson as Vice Chair - McKeon nominated himself for Vice Chair Ray was voted as Vice Chair with 6 votes. 6. DISCUSSION a. Charter Revision Committee's Voting Process Dr. Sonenshein recommended that the Committee consider utilizing a straw vote system to initially approve items, before they are brought back to the Committee towards the end of their timeline for final consideration and approval. All items that are approved will be included in the list of recommended revisions that will be considered by the Council. Mircheff and Ray asked clarifying questions; Mulvihill expressed support for the straw vote process. Ray made a motion to adopt the straw vote policy; Thompson seconded. The matter was approved 7-0. Following that discussion, Thompson made a motion to require a 4-3 majority to approve a straw vote. Mulvihill seconded. The matter was approved 7-0. b. Walk Through of the Current City Charter This Walk Through was led by Dr. Sonenshein, who clarified the differences between a Charter Revision Committee Minutes—December 16, 2021 charter and non-charter issue and also described each section and its purpose. The Committee engaged in various discussions to decide which Sections should be added to the Workplan for future discussion and debate. c. Review 2010 Charter Recommendations Dr. Sonenshein, as the former consultant of the 2009-10 Charter Review Committee, explained the history behind Measure N and O, a series of revisions that were placed on the November 2010 ballot for voter approval. McKeon requested staffs opinion (Finance, Treasury, Public Works) regarding the Infrastructure Fund. Jun stated that their opinion will be provided by the next meeting. d. Committee Review and Approval of the Draft Work Plan and Tracking Sheet Mulvihill made a motion to approve the Workplan with consideration given to providing enough time in between the issuance of staffs final report to the Committee and when the Committee will take action on it. Staff will make the adjustment and bring the workplan back to the Committee for review. Per Mulvihill's request, staff will build in additional time (at least 5 business days/7 days) for the public to review the final report on 4/19 and when Committee takes action on it. e. Review City Staff Charter Recommendations The Committee has asked for the recommendations to be incorporated into the tracking document. f. Member Suggestions for Major Topics of Deliberation None at this time. 7. COMMITTEE MEMBER COMMENTS Ray made a motion asking for staff to include running agenda items for discussion at every meeting, including adjustments and approval of the Workplan and Tracking documents and Discussion of Key Charter Items. The motion was seconded by McKeon and approved by the Committee (7-0). 8. STAFF AND CONSULTANT COMMENTS None 9. ADJOURNMENT The Committee meeting adjourned at 7:58pm. The next regularly scheduled meeting of the Charter Revision Committee is on Thursday, January 13 at 6:OOPM. An agenda will be posted 72 hours prior to the next meeting on: https://huntingtonbeach.legistar.com/Calendar.aspx. Charter Revision Committee City of Huntington Beach Thursday, January 13, 2021 Zoom Webinar 6:00 PM - Regular Meeting MINUTES DAMON MIRCHEFF, Chair CHARLES CJ RAY,Vice Chair CYNTHIA BENTON, Board Member CASEY MCKEON, Board Member SCOTT MILLER, Board Member Catherine Jun, Office of the City Manager LEONIE MULVIHILL, Board Member Raphael Sonenshein, Consultant DIANNE THOMPSON, Board Member 1. CALL TO ORDER. Meeting called to order at 6:03pm. 2. ROLL CALL. All Committee Members were in attendance, except Mr. Miller who joined the meeting at 6:10pm. Assistant City Manager Travis Hopkins, Staff Liaison Jun, and Consultant Sonenshein were also in attendance. 3. PUBLIC COMMENTS Individuals wishing to provide a comment on agendized or non-agendized items may do so via Zoom by clicking on the"Raise Hand" button. Individuals will be called upon when it is their turn to speak. Each speaker will receive 3 minutes to make public comment. Amory Hanson asked the Committee to keep the phrase "casting of lots"(per Recommendation 1 in Attachment 2). He also felt that the City Clerk should oversee the random drawing process alluded to in Recommendation 2. Lastly, Hanson asked the Committee to adjourn as he felt the virtual meeting was not an appropriate forum for a public meeting. 4. APPROVAL OF MINUTES FROM DECEMBER 16, 2021. Ray moved to clarify Section 6d which appeared incompleted and to continue this item on January 27, 2022; motion was seconded by Mulvihill. Approved 7-0. 5. DISCUSSION a) Presentation from Consultant on the Role of the Committee and the Public, followed by discussion Dr. Sonenshein spoke about the ways in which Members may like to represent the Committee to members of the public who inquire about their scope of work. Dr. Sonenshein recommended using these interactions as an opportunity to focus the public on the Committee's progress, which promotes a thorough, engaging and transparent review of the Charter. Sonenshein reiterated that Members'opinions are important and can be shared during these interactions. When sharing opinions, the Committee may wish to remind the public that opinions (and votes) can change over time and after extensive deliberation. What remains constant will be the process, which should be shared with the public. 6. CONSENT CALENDAR: POTENTIAL PHASE 1 CHARTER REVISIONS a) Staff/Consultant Report on potential Phase 1 Charter revisions See Attachment 2 for a full listing of potential revisions. Committee decided to review each revision one by one, rather than via Consent Calendar. 1. Item 1: Mulvihill, Benton, McKeon prefer to leave the dates in Section 300 as is, because it provides historical context. Ray and Thompson prefer to remove the years to create a more timeless document. McKeon, Mulvihill and Mircheff felt that potentially updating the years to be more contemporary may provide a middle ground. Sonenshein suggested resetting the years to 2022 and referencing the inception of the Charter for historical purposes. See Charter Revision Committee Minutes-January 13, 2022 Attachment 2 for motions and votes. Mulvihill made a motion for staff to prepare modifications based on Sonenshein's suggestion; seconded by McKeon. Approved 7-0. 2. Item 2: Thompson, McKeon, and Mulvihill felt that the City Clerk should conduct the random drawing. Mircheff opined it should be the City Manager, as written in the staff report, since the City Manager is a neutral party. Mulvihill pointed out that the City Manager works for the Council, which might create a conflict. Thompson then suggested conducting the random drawing at the first regular City Council meeting, instead of the first Monday following the certitification of the election. The members agreed. Based on the discussion above, Mulvihill made a motion for the following language, seconded by Thompson: "The term of each member of the City Council, the City Clerk, the City Treasurer and the City Attorney shall commence on the first regular City Council Meeting Menday following the certification of the election. Ties in voting among candidates for office shall be settled by random drawing process conducted during a public meeting by the City Manager-. the sasting-ef 1 The item was approved 7-0. Ray then made a motion to re-include "City Manager"in the language above; seconded by Miller: "The term of each member of the City Council, the City Clerk, the City Treasurer and the City Attorney shall commence on the first regular City Council Meeting MGnday following the certification of the election. Ties in voting among candidates for office shall be settled by random drawing process conducted during a public meeting by the City Manager-the The item was approved 4-3. 3. Item 3: Mulvihill stated there is already language in the Charter regarding adjournment processes and felt that modification to add a cancelation process to Section 303(a) was not needed. Cancelation, particularly ones that can be predicted, are a form of adjournment to the next following regular meeting. McKeon and Ray agreed and felt less was more. Mircheff also had concerns it provided the City with too much leeway to cancel meetings without good reason. Thompson asked if staff can revisit the wording, particularly the use of adjournment and re- adjournment in this section. Ray moved to leave the language as is with a request for staff to propose other language that reduces the overuse of adjourn/re-adjourn as is noted in the 2nd half of 303(a), seconded by Mulvihill. Approved 7-0. 4. Item 4: Mulvihill believes the recommended modification is not necessary since the Attorney General already clarifies that the majority of Council calling a special meeting does not violate the Brown Act. She also stated that this guidance is also supported by case law. Mulvihill made a motion to maintain the Charter language in 303(b) as is; Thompson seconded. Approved 7-0. McKeon moved to ask staff to add "current technology"wherever the Charter mentions communication methods, as appropriate; seconded by Miller. Staff will return with the revisions at a later date. Approved 7-0. 5. Item 5: Committee members generally agreed that it was appropriate to update "executive Charter Revision Committee Minutes —January 13, 2022 sessions" with "closed sessions". Thompson moved to accept the recommended language,- seconded by Benton. Approved 7-0. 6. Item 6: Ray moved to table this item pending approval of the motion made on Item 4. Seconded by Thompson. Approved 7-0. 7. Item 7: Members generally agreed with the recommended changes. Mulvihill noted that "Chief Financial Officer"was also in the Municipal Code which is why it would be prudent to approve the recommendation. Motion made by Ray; seconded by Thompson/Mulvihill. Approved 7-0. 8. Item 8: Jun has a list of ordinances and regulations that supplement Charter Section 313 and will send them to the Committee. Ray recommended including a requirement for Council to revisit the nepotism and conflict of interest policies and regulations on an annual basis. Vigliotta made some clarifying points. Ray moved to continue discussing this item, allowing members to share items of concern; seconded by Thompson. Approved 7-0. 9. Item 9: Mulvihill felt that personnel systems should be approved by ordinance only since they have full force of the law and are codified. McKeon agreed. Mulvihill moved to leave Section 403 as is; seconded by McKeon. Approved 7-0. 10. Item 10: Ray felt satisfied with the confirmation that the word "shall'was the same as "must'and moved to leave Section 801(a) as is; seconded by McKeon. Approved 7-0. 11. Item 11: Thompson felt that the proposed changes were satisfactory and helped make the Charter more contemporary. Thompson moved to accept the changes; seconded by Ray. Approved 7-0. 12. Item 12: Ray felt that convening a Charter Review should be mandatory at least once every 10 years and felt that the language should be clarified to support that. McKeon felt that the language was fine as is and gave the City flexibility, particularly if a review may not be urgent or necessary at that time. Mulvihill felt that the Council should have the discretion to convene a committee but believed they should make that determination in a public meeting. Ray moved to develop modified language that would include a set interval of time that resets after the last committee formation or revision. Seconded by Mulvihill. Approved 7-0. 13. Research Item 1 — Staff explained the purpose and goals of the Infrastructure Fund in Section 617. Committee felt that staffs presentation was sufficient for now and decided to table further deliberation on this section. 14. Research 2 — Mulvihill felt satisfied with the information presented and felt that it did not need additional deliberation. The Committee concurred. a) Review and GE)RdUGt straw vete GR Phase 1 Charter revisIGRG-1 pull iterns fGF fuFther deliberat.on, as Tees L b) Deliberate @Rd nnnr) Gtstraw eteGR pulled Phg6e 1 Charter ReyisiGnc 7. COMMITTEE DECISION: SCHEDULING OF PHASE 2 ITEMS FOR DELIBERATION The Committee agreed to agendize a discussion of Section 612: Measure C and Section 302: City Council Compensation for deliberation for the 1127122 Committee Meeting. 8. PROPOSED UPDATES TO COMMITTEE DOCUMENTS AND CALENDAR, AS NEEDED None. Charter Revision Committee Minutes—January 13, 2022 9. COMMITTEE MEMBER COMMENTS Ray stated that he appreciates this group, their time, and their process. 10. STAFF AND CONSULTANT COMMENTS None. 11. ADJOURNMENT. The Committee Meeting adjourned at 8:57pm. The next regularly scheduled meeting is on Thursday, January 27 at 6:OOp. An agenda will be posted 72 hours prior to the next meeting on: huntingtonbeach.legistar.com/Calendar.aspx Charter Revision Committee City of Huntington Beach January 27, 2022 Zoom Webinar 6:00 PM -Regular Meeting MINUTES DAMON MIRCHEFF, Chair _ CHARLES CJ RAY, Vice Chair y CYNTHIA BENTON, Board Member RFa";, ±,;►o` CASEY MCKEON, Board Member SCOTT MILLER, Board Member Catherine Jun, Office of the City Manager LEONIE MULVIHILL, Board Member Raphael Sonenshein, Consultant DIANNE THOMPSON, Board Member 1. CALL TO ORDER. Meeting commenced at 6:03pm. 2. ROLL CALL. All Members present. 3. PUBLIC COMMENTS No public comments were given. 4. APPROVAL OF MINUTES FROM DECEMBER 16, 2021 AND JANUARY 13, 2022 Mulvihill moved to approve the December 16, 2021 minutes; seconded by Benton. Approved 7-0. Mulvihill moved to approve the January 13, 2022 minutes with the following changes proposed by Committee members; Benton seconded the motion. Approved 7-0. o Mulvihill: Item 6(a)(8)—Add the "Chief Assistant City Attorney"title for staff member Vigliotta. o Mulvihill: Item 6(a)(9)—Remove the word"only"and the phrase "have full force of the law and"in the first sentence. o Mircheff.- Item 5(a), second paragraph—Replace `process"with `progress"in the last sentence. o Mircheff.- Item 6(a)(2), first paragraph. Replace "neutral"with "non-elected"party. 5. CHAIR AND VICE CHAIR ANNOUNCEMENTS Mircheff thanked the Committee for remaining committed to the discussions had at the 1/13122 meeting. Mircheff and Ray also announced they will make an informal presentation about the Committee's scope of work, timeline and goals during the 2/1/22 City Council meeting. 6. PHASE 2 POTENTIAL CHARTER REVISIONS FOR DELIBERATION Jun introduced staff members who would be available for Q&A during one or more presentation items: Chief Financial Officer, Dahle Bulosan; Director of Public Works, Sean Crumby;Assistant City Manager, Travis Hopkins; Director of Community Development, Ursula Luna-Reynosa;Assistant Chief Financial Officer, Sunny Rief,- Director of Community and Library Services, Chris Slama; Chief Assistant City Attorney, Michael Vigliotta a) Section 612: Measure C Jun and Slama presented on the history of Measure C and staffs experience working within its guidelines today. Mulvihill requested clarification on the differences between the 1990 ballot measure language and Measure M, which is now reflected in Section 612 in the 2010 Charter. Jun and Mulvihill reviewed the difference as it relates to the dollar threshold, and Jun clarified that the Committee will be considering and potentially revising the language in the 2010 Charter. Following the presentation, Committee members asked various questions surrounding the Measure. Mircheff, Jun and Sonenshein rounded up the discussion with recommendations to focus on the three sets of questions that were listed in the presentation. The Committee returned to the questions and Charter Revision Committee Minutes -January 27, 2022 made the following decisions: 1a. Section 612(b): Should the Committee consider expanding the list of projects exempt from Measure C? Mulvihill made a motion that this question was a bridge too far for the Committee and not to consider it further,- seconded by McKeon. Approved 7-0. 1b. Section 612(b): Should Measure C apply to public-private partnership projects with a recreational use? Mulvihill made a motion that this question was a bridge too far for the Committee and not to consider it further, seconded by Mircheff Approved 7-0. 2a. Section 612(b): Should the Committee consider if the replacement or reconstruction of existing structures and buildings should be subject to voter approval, if their intended use remains unchanged? Mircheff moved that this item was worth supporting; Ray asked for draft language that could be incorporated into Section 612. Mulvihill made an amended motion for staff to draft language for consideration; seconded by Mircheff Approved 7-0. 2b. Section 612(b): Should the Committee consider if the expansion of existing structures and buildings should be subject to voter approval? Mulvihill moved that this question was a bridge too far for the Committee and not to consider it further, seconded by Benton. Approved 6-1, with Mircheff voting no. 3. Section 612(a): Should this Committee consider if Section 612(a) should modify or remove the phrase "or operated by the City"? Mircheff moved that this question was worth considering and for staff to prepare draft language for consideration; seconded by Ray. Approved 5-2 with McKeon and Mulvihill voting no. Staff will return with draft language for items 2a and 3 and provide examples for both items to provide greater context during the Committee's consideration. Mircheff and Mulvihill also requested the correct index for the dollar threshold that is in the Section. b) Section 302: City Council Compensation Sonenshein provided an overview of his Council Compensation Comparison Memo. He opined that the matter of Council compensation may be handled more effectively and efficiently by City ordinance, rather than the Charter. Currently, the Charter appears to set a compensation that does not keep up with cost of living increases or with other cities'compensations for their respective Councils. However, Sonenshein shed light on other forms of Huntington Beach Council compensation set by ordinance and brings total wages closer to the average for comparable Councils in OC and LA Counties. Mulvihill stated the presentation was helpful and further discussion would not be necessary for her. Miller expressed that this item had always been a philosophical matter, as he wanted to understand if current Council compensation, as set by the Charter, was insufficient and could potentially discourage some qualified individuals from running for City Council. Mircheff agreed, but did not feel certain that any meaningful compensation change could or should be achieved through the Charter, particularly when ordinances were another viable tool to address it. Charter Revision Committee Minutes —January 27, 2022 Ray moved to table this item and revisit it in the future if needed; seconded by Benton. Approved 6- 1-0 with Miller voting against. 7. SCHEDULING OF ADDITIONAL PHASE 2 ITEMS Following discussion, the Committee tentatively scheduled a discussion of the following items for the 2110122 meeting: a) Sections 309-311 (primary discussion item) b) Section 300 (secondary discussion item; may be adjourned to the 2124122 meeting if there is insufficient time to finish.) The Committee also scheduled a discussion of Section 312 for the 2124122 meeting. Ray moved to approve the schedule above; seconded by Benton. Approved 7-0. 8. PROPOSED UPDATES TO COMMITTEE DOCUMENTS AND CALENDAR, AS NEEDED None 9. COMMITTEE MEMBER COMMENTS McKeon expressed a desire to invite the City Attorney, Treasurer and Clerk to answer questions or provide a presentation about their roles at the 2110 meeting. After some brief discussions among members, Sonenshein recommended that the 3 elected representatives attend for a Q&A session and leave during Committee deliberations regarding their roles. 10. STAFF AND CONSULTANT COMMENTS Jun noted that the Committee may be approached by the media regarding their scope of work. She asked that all media requests be forwarded to the Public Information Office (via Jun), which will work with the Committee to provide a comprehensive response, if deemed necessary. Sonenshein noted that the Committee is right on schedule and engaging in thorough conversations about the Charter. 11. ADJOURNMENT Mircheff moved to adjourn the meeting at 8:31 pm; seconded by Miller,- approved 7-0. The next regularly scheduled meeting is on Thursday, February 10, 2022 at 6.00p. An agenda will be posted 72 hours prior to the next meeting on: huntingtonbeach.legistar.com/Calendar.aspx INTERNET ACCESS TO THE AGENDA AND STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO THE MEETING AT: https://huntingtonbeach.legistar.com/ MEETING ASSISTANCE NOTICE: In accordance with the Americans with Disabilities Act, services are available to members of our community who require special assistance to participate in public meetings. If you require special assistance,48-hour prior notification will enable the City to make reasonable arrangements for an assisted listening device for the hearing impaired, American Sign Language interpreters, a reader during the meeting and/or large print agendas. Contact the City Manager's Office at 714-536-5553 for more information, or request assistance from the recording secretary at the meeting. Charter Revision Committee City of Huntington Beach February 10, 2022 Zoom Webinar 6:00 PM -Regular Meeting . MINUTES DAMON MIRCHEFF, Chair CHARLES CJ RAY, Vice Chair CYNTHIA BENTON, Board Member 9p9,0' CASEY MCKEON, Board Member SCOTT MILLER, Board Member Catherine Jun, Office of the City Manager LEONIE MULVIHILL, Board Member Raphael Sonenshein, Consultant DIANNE THOMPSON, Board Member 1. CALL TO ORDER. The meeting was called to order by Chair Mircheff at 6:03pm. 2. ROLL CALL. All 7 members were present. 3. PUBLIC COMMENTS. None were offered. 4. APPROVAL OF MINUTES FROM JANUARY 27, 2022 Mulvihill asked to clarify Item 6(a) (2"d Sentence) by adding the phrase "Measure M, which is now reflected in..."before the word "Section". Mirchiff moved to approve the minutes as amended; seconded by Benton; approved unanimously. 5. CHAIR AND VICE CHAIR ANNOUNCEMENTS Mircheff updated the Committee on the public comments that he and Vice Chair Ray made during the 211122 City Council meeting. During public comments, both shared the Committee's scope of work, timeline, and collaborative efforts. Ray noted tonight that meetings have been productive and respectful. Mircheff also brought up a housekeeping item for Members to bring all research requests to the Board before they are assigned to staff. Ray expressed that this will ensure requests are coming from the Committee as a whole rather than one individual. Mircheff also reminded the Committee to direct media requests to Jun, if any. 6. PHASE 2 POTENTIAL CHARTER REVISIONS FOR DELIBERATION a) Sections 300, 310 & 311: Role of the City Clerk and City Treasurer and the process of electing these positions b) Sections 300 & 309: Role of the City Attorney and the process of electing this position Jun gave a presentation on the 3 elected positions and how they were addressed in past Charter amendments. Members asked several clarifying questions about the info. McKeon asked for a copy of the presentation, which Jun assured she will send out after the meeting. City Treasurer Alisa Backstrom provided an overview of her role and responsibilities. Afterwards, Mulvihill asked about the working relationship between the City Treasurer(CT) and Chief Financial Officer(CFO). Backstrom explained that the CT is in charge of investing the City's pooled funds and ensuring the City has liquidity; she also provides financial projections. CFO prepares the budget, receives/administers funds and ensures proper accounting. Miller asked who makes the investment decisions. Backstrom confirmed that she makes those decisions for pooled funds, but not certain others like certain pension funds. Ray asked about checks and balances in these roles; Backstrom felt the elected role allows her to make decisions in the best interest of the community without any undue pressure from appointed officials, if any. Ray asked if Backstrom's autonomy is critical to her position. Backstrom agreed and opined that it allows her to utilize her best judgment to the benefit of the community. Mircheff asked if the minimum qualifications for the CT role that are listed in the Charter are adequate today. Backstrom felt that making them any more specific would limit the pool of candidates, but recommended requiring a CCMT designation as a public fund investment manager to ensure candidates are knowledgeable in the field. Afterwards, City Clerk Robin Estanislau provided an overview of her roles and responsibilities. Miller Charter Revision Committee Minutes—February 10, 2022 noted the significant breadth of duties and their qualifications and asked how the City would handle their retirement or an unscheduled vacancy. Estanislau stated that the City can appoint a temporary Clerk or rely on current Clerk staff who should be trained to step in. Backstrom and Estanislau noted that they initially came into their roles via an interview process for an unscheduled vacancy and were later voted in. Benton asked if the Clerk advises individuals on the procedures for placing measures on the ballot. Estanislau clarified that they provide individuals with information established by the State election codes and answer questions as needed, will educate citizens who want to put a measure on the ballot, and work with them on the process. If unable to answer questions, Estanislau seeks out advice from the County Clerk or the City Attorney and shares it with the citizen making the inquiry. Ray asked Estanislau and Backstrom about how an appointed role will affect the position. Estanislau felt that it would expand the pool of qualified applicants, but an elected role could provide the the public with more assurance that someone is working directly for the people. Mircheff mentioned well-reported threats against elected officials and whether or not that gives Estanislau concerns about how elections are administered. Estanislau said they did not affect her ability to do her job effectively. Mircheff concluded presentations and thanked Estanislau and Backstrom for their time. City Attorney(CA) Michael Gates provided an overview of his roles and responsibilities. Miller asked if the minimum requirements should be bolstered to require experience in municipal law. Gates felt that passing the bar exam presumes knowledge in all areas of the law. To further bolster the requirements could limit the candidate pool. He noted there are municipal law experts and other specialists on staff, and his office can contract with outside attorneys to fill in any other gaps. Miller asked who the CA naturally checks and balances. Gates said it could include almost anyone. Ray asked if there's a better role (appointed or elected) to serve the community and the City. Gates says elected is better, but he understands there are pros and cons to both. Ray questioned that if the City received advice from an elected CA, does that presuppose that is the best advice that can be provided to the City. Gates replied that his office has many staff and consultants to review the CA's advice before it is issued. Mircheff asked whether Section 304(b) it conflicts in any way with Section 309. Gates admits it presents a conflict on the face of it. However, Gates stated the Court of Appeal has already weighed in on this issue, claiming the CC can select an attorney but that attorney works for the CA. Mircheff asked if Section 304(b) should be subordinate to 309. He also asked for clarification on the Court of Appeals decision. Mircheff asked why the CC can employ the outside attorney but has no purview over him or her. Gates confirmed that the CC can employ the attorney, but that attorney is hired for his office's benefit and use. Mircheff asks if the Charter would benefit from adding a provision on reconciliation methods when CC and CA have an impasse. CA feels it would not, there will always be conflict and the most recent one was framed by Gates as a `power grab by the City Council"that cannot be resolved by the Charter. Miller pointed out that the Court of Appeals case that Gates cited was an unpublished decision that should not be cited, per established law, which Gates countered and disagreed withth. Thompson then asked who can fire an attorney that was hired by the CC. Gates opined that the guideline is not in the charter but he would likely have that ability. Mulvihill asked if the City Manager is in charge of all appointed staff, would he not also be in charge of the outside staff attorney. Gates stated that would not be the case. Sonenshein acknowledge the lack of clarity in 304 and suggested staff should return in 2 weeks with additional research. Ray moved to table tonight agenda's item and adjourn in 2 weeks and direct staff to research items relevant to the agenda items; Mulvihill seconded. Approved 7-0. Ray requested more info on Section 304. Micheff moved to include the Section in next week's discussions. Mulvihill requested copies of all past Charters. 7. SCHEDULING OF REMAINING POTENTIAL CHARTER REVISIONS No changes were made to the current workplan schedule. 8. PROPOSED UPDATES TO COMMITTEE DOCUMENTS AND CALENDAR,AS NEEDED Charter Revision Committee Minutes —February 10, 2022 None 9. COMMITTEE MEMBER COMMENTS Ray thanked McKeon for his idea to invite the 3 elected officials for Q&A and felt it was worthwhile. Miller felt grateful to have incredibly qualified officials, but felt it may not always be the case in the future which is why Charter amendments in their roles and election processes warrant a closer look. Mulvihill felt this discussion was very necessary for her and is thankful to delay deliberation to the 2124 meeting where she and others may hopefully be in a position to make motions and straw votes. She also thanked McKeon for his great suggestion to invite the 3 elected officials tonight. 10. STAFF AND CONSULTANT COMMENTS None. 11. ADJOURNMENT Ray moved to adjourn; Miller seconded. Approved 6-0-1 with Benton retiring early. Meeting adjourned at 8:31 pm. Charter Revision Committee City of Huntington Beach February 24, 2022 Zoom Webinar 6:00 PM - Regular Meeting MINUTES DAMON MIRCHEFF, Chair CHARLES CJ RAY,Vice Chair CYNTHIA BENTON, Board Member B'U,1999.a0 CASEY MCKEON, Board Member SCOTT MILLER, Board Member Catherine Jun,Office of the City Manager LEONIE MULVIHILL, Board Member Raphael Sonenshein,Consultant DIANNE THOMPSON, Board Member 1. CALL TO ORDER. Called to order at 6:11 p.m. 2. ROLL CALL. All members present with the exception of Ray who arrived at 6:30pm. 3. PUBLIC COMMENTS. None provided 4. APPROVAL OF MINUTES FROM FEBRUARY 10, 2022 Mulvihill asked to remove a second period on page 2, first paragraph to clarify the second paragraph of page two(second to last sentence). Benton also asked to add a sentence on the first paragraph, page 2 that clarifies how City Clerk Estanislau provides individuals with information about placing a measure on a ballot. McKeon also asked that page 2 be clarified to show Gates countered Miller's statement about unpublished decisions. Mircheff moved as amended; Thompson seconded. 6-0-1, with Ray absent. 5. CHAIR AND VICE CHAIR ANNOUNCEMENTS Mircheff proposed keeping the motions for the Clerk and Treasurer together since they're more similar in nature and taking an initial temperature check on all considerations under Agenda Item 6. Benton asked for time to consider the Clerk's role as it relates to providing advice that may appear legal. Mircheff understood but recommended agendizing that discussion for a future meeting. Benton was amenable to that suggestion. 6. PHASE 2 POTENTIAL CHARTER REVISIONS FOR DELIBERATION (INCLUDING BUT NOT LIMITED TO MOTIONS AND STRAW VOTES ON THE FOLLOWING ITEMS): a) Sections 300 and 310: Election vs. appointed, qualifications, and terms of the City Clerk b) Sections 300 and 311: Election vs. appointed, qualifications, and terms of the City Treasurer Mircheff conducted the following"temperature checks"to identify focus areas for discussion tonight: Should the Clerk and Treasurer positions be appointed?(3 yes, 2 no, 1 split, 1 abstain): MIRCHEFF Yes;RAY Yes,BENTON Split(appointed for Clerk;elected for Treasurer);MCKEON, No; MILLER, Yes;MULVIHILL, Abstain; THOMPSON, No Should the City increase the minimum qualifications for Clerk and Treasurer? (3 yes, 4 no) MIRCHEFF, Yes;RAY, Yes;BENTON, Yes;MCKEON, No;MILLER, No; MULVIHILL, No, THOMPSON, No Should the City set term limits for the Clerk and Treasurer? (5 no, 2 yes) MIRCHEFF, No;RAY, No;BENTON, Yes;MCKEON, No;MILLER, No;MULVIHILL, No; THOMPSON, Yes Discussion ensued: Miller felt that our current Clerk and Treasurer were very qualified;increasing their minimum qualifications would make our existing pool of candidates too small. Benton stated that elected positions are preferred by the community based on past votes. Mircheff says these positions are technical, non-partisan and do not require someone to espouse a policy perspective to effectively perform their duties. Appointments also allow the City to increase the minimum qualifications without shrinking the candidate pool. Ray added that he had the same concerns and opined that being elected does not mean the candidate was the best person for the job. McKeon asked who would be the appointer? Sonenshein clarified that it would be the City Council. Thompson noted that even an appointed official can be pressured by outside influences, which would include the Council. She was confident there was good succession planning in the Clerk's Office, and as such, is fine with maintaining the elected positions. McKeon agrees with Thompson on the political pressure and feels it is important to give voters the opportunity to vote for their local officials. Ray Charter Revision Committee Minutes—February 24, 2022 acknowledged McKeon's argument and the importance of having choice. Mircheff moved the discussion towards the qualifications question and stated he was in favor of increasing those qualifications. Miller feels that he is not in a position to appropriately identify those qualifications. Mulvihill echoed those sentiments and felt that the basic requirements are sufficient now and in the future. Thompson asked about the possibility of including general language that allows the Council to set those requirements through an internal procedure instead. Mircheff felt that anyone who wins the position should already have the required training and qualifications by day one of the job. Mircheff moved on to the question of term limits. Miller felt that they were not in the spirit of democracy since they limit voters from voting for their preferred individual, regardless of how long he or she has been in the position. Ray, McKeon, Benton and Mulvihill agreed. Thompson pondered on the idea that many incumbents are reelected by rote, but was fine not moving forward with term limits. Mircheff could see Thompson's point and how that might stifle growth or encourage complacency. To that point, Ray expressed that an appointed role could encourage that type of growth. Mircheff moved on to conducting straw votes on the matters above:: Mircheff moved to transition both roles to an appointed one;seconded by Ray. (5 yes, 2 no) MIRCHEFF Yes; RAY Yes;BENTON Yes;MCKEON No;MILLER Yes;MULVIHILL Yes; THOMPSON No Miller moved to make the minimum qualifications be met at the time of the election. Thompson proposed amending that to the time of filing. Miller agreed and seconded. (6 yes, 1 no) MIRCHEFF Yes;RAY Yes;BENTON Yes;MCKEON No;MILLER Yes;MULVIHILL Yes; THOMPSON Yes Mulvihill moved not to impose term limits;seconded by Miller. (7 yes, 0 no) MIRCHEFF Yes; RAY Yes;BENTON Yes; MCKEON Yes;MILLER Yes;MULVIHILL Yes; THOMPSON Yes c) Sections 300, 304, &309: Election vs. appointed, qualifications, and terms of the City Attorney Miller addressed City Attorney Gates'assertion that he can use the O'Connor v Hutton Court of Appeals decision to make a case regarding his role. Miller asked to clarify that it was an unpublished opinion that should be not used in that manner. McKeon countered. Mircheff moved the discussion forward to other items on the agenda. Mircheff proposed a temperature check on the following discussion items: Should the City Attorney position (CA) be appointed?(4 yes, 2 no, 1 abstain) MIRCHEFF Yes;RAY Abstain,BENTON Yes;MCKEON No; MILLER Yes;MULVIHILL Yes; THOMPSON No Should the minimum qualifications for CA be increased? (6 yes, 1 no) MIRCHEFF Yes;RAY Yes;BENTON Yes;MCKEON No,MILLER Yes;MULVIHILL Yes; THOMPSON No Should the City set term limits for an elected CA?(6 no, 1 yes) MIRCHEFF No;RAY No;BENTON No; MCKEON No; MILLER No,MULVIHILL Yes; THOMPSON No Jun presented the Legal Services Ad Hoc Subcommittee's memo with proposed recommendations. Sonenshein felt that the memo was well-thought out and respectful of the Committee's process. Sonenshein would like to take each of these recommendations and find parallels in other Charters for discussion. McKeon asked who addresses any conflicts of interest. Mircheff answered that it is a judge. Ray and Mulvihill emphasized that it is a duty of the attorney to disclose any conflicts and recuse him or herself at all times. Regarding the Subcommittee's request to clarify conflict of interest Miller, Mircheff and Ray indicated it is necessary to clarify in the Charter in order to minimize ambiguity, gridlock and improve city function—even if other codes or law already explain it in depth. Sonenshein asked the Committee for guidance on what he and Jun should research in regards to the memo. Mulvihill asked about how other cities handle conflict of interest. Sonenshein reaffirmed that it seems conflict Charter Revision Committee Minutes—February 24, 2022 of interest and the process of determining its existence and handling it are a primary matter for the Committee. Thompson felt Recommendations 3(records retention) and 6 are similar and combining them together makes sense. Thompson felt Item 7 should be included in the final recommendation and Miller agreed. Mulvihill wants staffs take on 309(a) and 309(k) to see if we really need to address(k) as a separate subsection. Mircheff directed discussion the question of whether or not the City Attorney should be appointed. Mulvihill says attorneys are obligated to provide competent and impartial advice and move away from conflict. She doesn't feel politics should play a role and was deeply troubled by the CA's recent threats of litigation on the city. In that vein, she feels that all 3 positions should be appointed, but also feels that many of the issues faced can also be addressed through the recommendations to 304(b) in the memo. She feels they're equally plausible and defensible, but the question of elected or appointed is potentially divisive and prefers to avoid that path. Ray said that one of the reasons he abstained from the elected/appointed position question-while he has an issue with the current CA's behavior which has been to strong arm the City/Council—his client. The attorney never gets to dictate what they want. Ray believes this issue can be fixed with an appointment process, but thinks clarifying 304 and 309 may be an equally good way to achieve that as well. Thompson clarified that she does think a vote to make the position appointed will be seriously divisive. She thinks the memo recommendations help address the conflict without a divisive measure and that we should be making changes with the position and not an individual in mind. Mircheff agrees that there's more than one way to tackle this issue including reconciling 304 and 309, which may be a more successful path. Miller asked to point out that HB is the only city in the County with an elected attorney. He also said that bringing an appointed position to the November ballot would fail. He thinks reconciling the sections would accomplish more. Ray recommends on Section 309(first para), the "City Atty shall have the power and may be required to...." Mircheff wondered if there are other Charters that states upfront what it must be and(SONENSEHIN HAD MORE INFO). Mulvihill agrees that 309 needs to be improved. Ray says if 309 was reconciled, he'd have no issue with keeping the CA an elected position. Mircheff moved on to qualifications of the CA. He noted that the CA works on a specialized area of law and raises to mind whether the CA should have some measure of experience in that law. Mulvihill shares that sentiment, but struggles to find the best way to describe that experience. She wonders if there are examples from other Charters. Mircheff moved on to the question of term limits for the CA. Mulvihill chimed in stating that she does not like term limits. But as a municipal lawyer in HB, there are certain obstacles to running for an office and it's difficult to overcome the incumbent attorney's advantage. Ray moved, asking if the CA should be an appointed position? Seconded by Mircheff. (4 yes, 2 no, 1 abstain) MIRCHEFF Yes; RAY Abstain;BENTON Yes;MCKEON No; MILLER Yes,MULVIHILL Yes; THOMPSON No Mircheff moved, asking if the City should raise the qualifications for CA? Seconded by Miller. (6 yes, 1 no) MIRCHEFF Yes;RAY Yes;BENTON Yes;MCKEON No;MILLER Yes;MULVIHILL Yes, THOMPSON Yes Ray moved, asking if the City should set term limits for an elected CA. Seconded by Mircheff. (4 yes, 3 no) MIRCHEFF Yes; RAY No;BENTON Yes;MCKEON No;MILLER Yes;MULV/HILL Yes; THOMPSON No 7. SCHEDULING OF OTHER POTENTIAL CHARTER REVISIONS Jun will add another meeting to continue the discussion of the three elected positions and shift the work plan accordingly. 8. PROPOSED UPDATES TO COMMITTEE WORKPLAN, TRACKING DOCUMENT AND OTHER MATERIALS,AS NEEDED The Committee agreed to add a discussion of Section 803 to a future agenda. 9. COMMITTEE MEMBER COMMENTS Ray apologized for being late to the meeting due to extenuating circumstances. Mircheff thanked the Committee for another productive meeting. Charter Revision Committee Minutes—February 24, 2022 10. STAFF AND CONSULTANT COMMENTS None. 11. ADJOURNMENT. The meeting adjourned at 8:43pm to the next regularly scheduled meeting on Thursday, March 10, 2022 at 6:OOp. Charter Revision Committee City of Huntington Beach March 10, 2022 2000 Main St. (137)and Zoom 6:00 PM -Regular Meeting ` MINUTES DAMON MIRCHEFF, Chair CHARLES CJ RAY, Vice Chair CYNTHIA BENTON, Board Member B•Il,I909.p�, CASEY MCKEON, Board Member SCOTT MILLER, Board Member Catherine Jun, Office of the City Manager LEONIE MULVIHILL, Board Member Raphael Sonenshein, Consultant DIANNE THOMPSON, Board Member 1. CALL TO ORDER. Called to order at 6:03PM. 2. ROLL CALL. All members in attendance. 3. PUBLIC COMMENTS Amory Hanson suggested revisions to Section 312 and Victor Leipzig suggested revisions to Section 300. 4. APPROVAL OF MINUTES FROM FEBRUARY 24, 2022 Thompson requested the following revisions under Section 6(c): '....that Miller asked to clarify that that it was an unpublished opinion...." and"Thompson clarified that she dessa does think a vote to make the position appointed will be seriously divisive." Mulvihill requested the following revision under Section 6(c): "Mulvihill wants staffs take on 309(a) and 309(k) and to see if we really need to address(k)as a separate subsection." Mircheff moved to approve the minutes as amended above;seconded by Benton. Approved 7-0. 5. CHAIR AND VICE CHAIR ANNOUNCEMENTS Mircheff confirmed with the Committee that they received two supplemental communication items(see the agenda packet). 6. PHASE 2 POTENTIAL CHARTER REVISIONS FOR DELIBERATION (INCLUDING BUT NOT LIMITED TO MOTIONS AND STRAW VOTES ON THE FOLLOWING ITEMS): a) Sections 300, 304, &309: Presentation and analysis for potential amendments relating to the City Attorney position and employment and control of legal counsel Sonenshein provided an overview of his research into various city charters that may have provisions similar or in direct conflict with the Charter recommendations made by the Legal Services Ad Hoc Subcommittee on February 24, 2022. Sonenshein's research included an assessment of San Francisco's Charter and a conflict of interest provision that permits the use of a retired judge to determine if the City Attorney(CA) has a conflict. Sonenshein also opined that addressing conflict of interest in a similar manner could potentially reduce some of the ambiguity or conflicts between these Sections. Mulvihill began discussion and opined that the Committee should not interpret outside memos and interpretations and instead, focus on the ambiguities in the Charter itself and identify areas that should be clarified. She felt that clarifying 304(b) and 309 was necessary and could be achieved with a few changes. Mircheff agreed. McKeon asked for clarification on some members'concerns with 304(b). Mulvihill clarified that she had no issues with that section,rather she had an issue with an interpretation of the section that the City Council(CC)could not hire an outside attorney to manage cases in which the CA had a conflict of interest but did not recuse himself or herself from it. Miller reiterated that it would be imperative to clarify these sections to avoid disputes between the CC and CA. Ray emphasized that all attorneys can offer opinions but cannot force the hand of the client. Thompson provided history on when and how the last sentence in 304(b) was added to the Charter. Benton stated that clarification was necessary. McKeon expressed concern that allowing CC to hire outside counsel would circumvent the power of the CA. Mircheff replied that defining the terms of how and when that happens would be key to avoiding that situation. Sonenshein said that the terms surrounding outside counsel appear in various charters;however when those charters provide exceptions, usually they address conflict of interest. He said the Committee could stipulate Charter Revision Committee Minutes—March 10, 2022 304(b) in the same manner. Mircheff asked Sonenshein if he could provide sample language to build that provision. Ray made a motion for Sonenshein to provide a sample provision;seconded by Thompson. Approved 6-1 with McKeon voting no. Benton proposed adding a new provision in section 309: "the CA shall not participate in a matter in which they know or should know that they have a conflict of interest"and reference the process in 304(b). Moved by Benton,seconded by Mulvihill. Approved 6-1 with McKeon voting no. b) Section 312: Vacancies, forfeitures and replacement Mulvihill did not have any recommended changes;Benton concurred. McKeon explained that the appointment process should be modified if the term of the vacant position has several years remaining. In this situation, he feels the voters should have a say in the selection process(by appointing either the first runner up or conducting a special election). Miller preferred a special election process, but hesitated over the time and cost to conduct one. Ray suggested that any vacant position with 2 or more years remaining should be appointed until the next General Election at which point the position would be voted on by the electorate. The term of that elected position would remain unchanged. McKeon moved for staff and consultant to find charter samples to achieve this;seconded by Thompson. Approved 6-1 with Mulvihill voting no. Discussion ensued on Section 312(c)and a syntax change. Mulvihill move to make the following revision; Ray seconded: "(c) Replacement. In the event it the City Council shall fail to fill a vacancy by appointment within sixty days after such office shall become vacant, the City Council shall forthwith cause an election to be held to fill such vacancy for the remainder of the unexpired term." Approved 7-0. 7. SCHEDULING OF OTHER POTENTIAL CHARTER REVISIONS Committee discussed the merits of reviewing Section 803 and decided to place it on the 3124122 agenda. Committee asked Jun to provide a synopsis of the mobile home situation that led to a citizen request to review this section. Jun will provide the synopsis to the Committee at least 1 week in advance of the meeting. Benton also requested information on whether or not the City Clerk is permitted to provide legal advice. Vigliotta committed to provide information to the Committee at the next meeting. 8. PROPOSED UPDATES TO COMMITTEE WORKPLAN, TRACKING DOCUMENT AND OTHER MATERIALS, AS NEEDED 9. COMMITTEE MEMBER COMMENTS McKeon asked staff to add the supplemental communications into the record. Also, per McKeon's request, the April 28, 2022 Committee meeting will be moved to April 26 due to a scheduling conflict. Ray voiced that one supplemental communication, a memo from CA Gates was inappropriate. 10. STAFF AND CONSULTANT COMMENTS Sonenshein commended the Committee for their excellent process. Jun asked members to keep their schedules flexible in the coming weeks to accommodate additional meetings that will help them stay on schedule, if needed. 11. ADJOURNMENT. Meeting adjourned at 8:23pm to the next regularly scheduled meeting on March 24, 2022 at 6:OOp. Charter Revision Committee >, City of Huntington Beach March 24, 2022 2000 Main St. (Rm. 137) &Zoom 6:00 PM - Regular Meeting ` MINUTES DAMON MIRCHEFF, Chair CHARLES CJ RAY, Vice Chair CYNTHIA BENTON, Board Member FFe,I)� 99!p0 CASEY MCKEON, Board Member SCOTT MILLER, Board Member Catherine Jun, Office of the City Manager LEONIE MULVIHILL, Board Member Raphael Sonenshein, Consultant DIANNE THOMPSON, Board Member 1. CALL TO ORDER. Called to order at 6:01pm. 2. ROLL CALL. All members present. 3. PUBLIC COMMENTS The following individuals spoke in favor of exempting mobile home parks from Section 803 and adopting a rent stabilization ordinance: Tim Geddes, Jean Farrins, Carol Rohr, Marion <surname not provided>, Daniel Pantano, Judy Hennessey, Gene Holtz, Serena Taylor, Richard Smith, Sheila Lugenbuehl, Gina Alexander, Joanne P., Amory Hanson, Michael Lugenbuehl, Allison Plum, David Reynoso, Rod Hardy, Mika <surname not provided>, Ruben Peterson, Cooper <surname not provided>, Karen Sybrandt, Karen <surname not provided>, Ada Hand The following individuals spoke against amending Section 803: Valerie Avila, Lia Beesley, Julie Paule 4. APPROVAL OF MINUTES FROM MARCH 10, 2022 Mircheff asked to correct the public comments minutes to read`Amory Hanson suggested revisions to Section 312 and Victor Leipzig suggested revisions to Section 300." Mulvihill moved to approve as amended; seconded by Thompson. Approved 7-0. 5. CHAIR AND VICE CHAIR ANNOUNCEMENTS. None 6. PHASE 2 POTENTIAL CHARTER REVISIONS FOR DELIBERATION (INCLUDING BUT NOT LIMITED TO MOTIONS AND STRAW VOTES ON THE FOLLOWING ITEMS): a) Section 803: Property Rights Protection Measure Mulvihill explained that while she doesn't recommend a carve out to exempt mobile home parks, it shouldn't preclude a debate from occurring in other forums. Benton disagreed and felt it was a relevant issue to debate tonight. While Miller felt that the Committee should be able to deliberate on it, he was reluctant due to its complexity and unknown implications at this time. Thompson felt that the Mobile Home Advisory Board (MHAB) was the more appropriate body to address this issue. Mircheff stated that the possibly unknown impacts of the exemption and the amount of time that would be required to understand them gives him some reservations about taking up the matter, particularly since the committee does not have an extended amount of time. Ray echoed that statement. Hopkins mentioned that the MHAB will be discussing this issue at an upcoming meeting. Sonenshein sensed there are 3 possible motions at this time: recommend the exemption, oppose it, or pass it on to a more appropriate body. Thompson moved not to pursue any amendments and allow other bodies to consider it;Ray seconded. Approved 6-1 (Benton voting no). b) Section 312: Vacancies, Forfeitures and Replacement Sonenshein presented his research and a proposed amendment, based on the Committee's direction given on 3110122. The proposed amendment was based on language in Placentia's charter and could be added to the end of Section 312(c): Charter Revision Committee Minutes—March 24, 2022 Page 2 "If the City Council fills the vacancy by appointment, such appointee, shall hold office until their successor is elected at the next general municipal election to serve for the remainder of any unexpired term." McKeon disagreed with this language. He felt that the cleanest way to address this issue is to conduct a special election. He acknowledged that the cost for the special election could be high but was worth it for this matter. Thompson understood McKeon's sentiments, but felt that a special election wouldn't garner sufficient voter turnout for a matter of such importance. Mircheff echoed Thompson's concern and preferred utilizing the general election option to maximize voter turnout. McKeon opined that if the matter was important enough for voters, they would turn out for a special election regardless. He felt that it was the most expedient way to deal with a vacancy. Ray noted that preparing for a special election still causes delays in filling the vacancy and felt that the proposed amendment presents a compromise. A few changes to the proposed amendment were floated, with Thompson recommending: "If the City Council fills the vacancy by appointment, such appointee shall hold office until an election to fill the remainder of the unexpired term at the next general municipal election." Mulvihill moved to approve the amended language; seconded by Thompson. Approved 6-1 (McKeon voting no). Miller then moved to add the following additional language immediately after,- seconded by Mircheff.- "Should the appointment occur after the filing deadline for the next general municipal election, the seat shall be deemed vacant upon the certification of the general municipal election, and the vacancy shall be filled in accordance with Sections 312(a) and 312(c)." After some discussion that the language should be refined and brought back at the 4114122 meeting, the Committee voted to consider it further 4-3(Thompson, Benton, McKeon voting no). c) Section 310: City Clerk. Powers and Duties Benton initially asked whether or not the City Clerk has the ability to provide legal advice per Section 310. Chief Assistant City Attorney Vigliotta pointed out that the Clerk, as the elections official, has a whole host of duties per the Elections Code but cannot provide interpretations of the Code or legal advice. Benton felt that fact should be made clearer in the Charter. However, the Committee chose not to make any motions to do so at this time. 7. SCHEDULING OF OTHER POTENTIAL CHARTER REVISIONS Benton asked whether or not the Committee should discuss the remaining recommendations that were in the Legal Services Ad Hoc Subcommittee's memo. No motions were made. 8. PROPOSED UPDATES TO COMMITTEE WORKPLAN, TRACKING DOCUMENT AND OTHER MATERIALS, AS NEEDED. None 9. COMMITTEE MEMBER COMMENTS. None 10. STAFF AND CONSULTANT COMMENTS. None 11. ADJOURNMENT. The meeting adjourned at 8:18 p.m. Charter Revision Committee City of Huntington Beach April 14, 2022 2000 Main St. (Rm. 137) &Zoom 6:00 PM - Regular Meeting `_7 MINUTES DAMON MIRCHEFF, Chair _ CHARLES CJ RAY, Vice Chair CYNTHIA BENTON, Board Member CASEY MCKEON, Board Member SCOTT MILLER, Board Member Catherine Jun, Office of the City Manager ! LEONIE MULVIHILL, Board Member Raphael Sonenshein, Consultant DIANNE THOMPSON, Board Member 1. CALL TO ORDER. Called to order at 6:03pm. 2. ROLL CALL. All members present. 3. PUBLIC COMMENTS None 4. APPROVAL OF MINUTES FROM MARCH 24, 2022 Mircheff asked to correct the second to last sentence of Section 6a. in the minutes to read "Sonenshein sensed there are 3 possible motions at this time: recommend the exemption, oppose it, or neither recommend nor oppose a carve out of Section 803." Mulvihill asked to include Valerie Avila, Lia Beasly, and Serena Taylor to the Public Comments section in favor of exempting mobile home parks from Section 803. Mircheff moved to approve as amended, seconded by Ray. Approved 7-0. 5. CHAIR AND VICE CHAIR ANNOUNCEMENTS. Mircheff recommended a process of"temperature check"on each section to see what sections the members would like to move to a vote, and what sections they would like to continue discussions on. He also explained that until this time the votes had been straw votes, the item 6 on the agenda is the final remaining straw vote, and moving forward the Committee is moving on to the final votes on the proposed recommendation. Ray added that members should have their comments and arguments prepared for discussion in the interest of time. 6. PHASE 2 POTENTIAL CHARTER REVISIONS FOR DELIBERATION(INCLUDING BUT NOT LIMITED TO MOTION AND STRAW VOTES ON THE FOLLOWING ITEMS): a) Section 312: Vacancies, Forfeitures and Replacement Miller would like to review the possible issue when there are more than two vacancies council seats. He noted that there is a potential that the appointment could possibly be performed by three members which is a minority of the full seven member city council. The committee discussed how many council members should be required for appointing multiple vacant seats. McKeon proposed that the special election would resolve the issue. Discussion continued on whether a majority of the seven member council is required or a majority of the quorum at the meeting. The committee discussed the proposed language in section 312. Thompson moved the proposed language to clarifying the appointments would hold office until the next regularly scheduled election, and language when vacancies occur after the candidate filing deadline incorporating the proposed two sentences in section (c) Replacements. Seconded by Mulvihill. The straw vote passed 6-1 (McKeon - opposed) 7. REVIEW, DISCUSS, AND PROVIDE FINAL RECOMMENDATIONS AND VOTES ON PROPOSED CHARTER REVISIONS Charter Revision Committee Minutes—April 14, 2022 Page 2 a) #1 - Section 300. City Council, Attorney, Clerk and Treasurer Terms (first paragraph only): moved to discussion at the end of Phase 1. b) #2 -Section 300. City Council, Attorney, Clerk and Treasurer Terms (second paragraph only): moved to discussion at next meeting. Ray requested staff to provide language on timing. Mircheff requested staff to provide timing language specific to last sentence of Section 300. c) #3- Section 303. Meetings and Location, (a) Regular Meetings: Mulvihill made motion to pass as amended, Thompson seconds, 7-0 motion passes. d) #4—Section 303. Meetings and Location, (b) Special Meetings: Thompson made motion to pass as amended, Mulvihill seconds, 7-0 motion passes. e) #5- Section 303. Meetings and Location, (d) Open Meetings: Mulvihill made motion to pass as amended, Thompson seconds, 7-0 motion passes. f) #6—Section 303(b). Special Meetings & Section 304(a). Quorum: Mulvihill made motion to pass as amended, Thompson seconds, 7-0 motion passes. g) #7—Section 311(d). City Treasurer. Powers and Duties, Section 601. Annual Budget, Preparation by the City Manager, and Section 604. Annual Budget. Further Consideration and Adoption: Mulvihill made motion to pass as amended, Thompson seconds, 7-0 motion passes. h) #8—Section 312(c). Vacancies, Forfeitures and Replacement: Thompson made motion to pass as amended, Mulvihill seconds, 7-0 motion passes. i) #9—Section 313. Conflict of Interest, Nepotism. Thompson made motion to make no changes to this section, Ray seconds, 7-0 motion passes. j) #10—Section 403. Personnel: Mulvihill made motion to make no changes to this section, McKeon seconds, 7-0 motion passes. k) #11 —Section 801. Definitions: Ray made motion to make no changes to this section, McKeon seconds, 7-0 motion passes. 1) #12—Section 804. Charter Review: Ray made motion to pass as amended, Thompson seconds, 7-0 motion passes. m) #13—Section 202. Meetings and Location. (c) Place of Meetings; Section 400. City Manager. Composition, Term, Eligibility, Removal. (d) Removal; and Section 801. Definitions (a-g): Thompson made motion to pass as amended, Mircheff seconds, 7-0 motion passes. n) Revisiting #1 —Section 300. City Council, Attorney, Clerk and Treasurer Terms (first paragraph only): Mircheff asks for discussion regarding date references. Asks staff to make amendments, but keep references to original time period for historical significance. Presents new language: "Consistent with staggered elections of Council Members and Elected Officials established in the New Charter from 1966." Motion by Mircheff to make the same changes in both portions of this section as shown in tracking document by, seconded by Thompson, 7-0 motion passes. Mircheff.- This ends discussion on all Phase 1 items, except#2- Section 300. City Council, Attorney, Clerk and Treasurer Terms (second paragraph only), which will be moved to next meeting. o) Ray made motion to vote individually on each of the following group of Sections that straw votes Charter Revision Committee Minutes—April 14, 2022 Page 3 recommended no changes. This includes items 15, 17, and 25 from the tracking document, Benton seconds, 7-0 passes: p) #15—Section 302. Compensation: Ray made motion to make no changes to this section, Thompson seconds, 5-2 (Mircheff, Miller-opposed) motion to make no changes passes. q) #17—Section 300. City Council, Attorney, Clerk and Treasurer. Terms: Thompson made motion to make no changes to this section, Benton seconds, 7-0 motion to make no changes passes. r) #25—Section 803. Property Rights Protection Measure (a-c): Ray made motion to make no changes to this section, Mulvihill seconds, 6-1 (Benton-opposed) motion passes. s) #14 -Section 612. Public Utilities and Parks and Beaches: Mircheff recommends pushing this to next meeting and asks everyone to study the section. Section moved to next meeting. t) #16—Section 310. City Clerk. Powers and Duties: Thompson made motion to pass as amended, Benton seconds, 6-1 (McKeon-opposed), motion passes. Section 311. City Treasurer. Powers and Duties: Thompson made motion to pass as amended, Benton seconds, 6-1 (McKeon- opposed), motion passes. u) #18—Section 300 (first option). City Council, Attorney, Clerk and Treasurer. Terms: Ray made motion to move to next meeting, McKeon seconds, 7-0 motion passes. v) #19—Section 300 (second option). City Council, Attorney, Clerk and Treasurer. Terms: Mulvihill made motion to move to next meeting, Ray seconds, 7-0 motion passes. w) #20—Section 304. Quorums, Proceedings and Rules of Order: Benton requested the futhrer discussion of other situations where Council would need to hire outside counsel. Thompson made motion to move to next meeting, Benton seconds, 7-0 motion passes. x) #21 —Section 309. City Attorney. Powers and Duties: Mulvihill: Would like the last sentence of Charter Section 304(b) to be added to Section 309. Stated it was removed in 1979, and believes it should be added back in. Benton: Would like to add the following"(i) ...and maintain the records of their office in compliance with all city records and retention policies and applicable laws."and"(k) ...provide advise related to compliance with City Charter, Municipal Code, and all applicable laws to...". Benton made motion to move to next meeting, Ray seconds, 5-2 (Mircheff, Miller- opposed), motion passes. y) #22—Section 309. City Attorney. Powers and Duties: Ray suggested the committee should first vote on the recommended changes before considering additional issues. McKeon believes adding to the job requirements would limit the applicant pool by"boxing in"potential applicants with `municipal law" experience, and that the decision should be left to the voters. Miller believes that there are minimum standards set for all of the elected officials (besides the City Council), and that it should be uniform. Raphe recommends two options:if the vote is to recommend an appointed City Attorney position, the minimum standard should be changed to reflect municipal law experience. But if the vote is to recommend an elected City Attorney position, the language should remain as is. Motion by Mulvihill to move to next meeting, McKeon seconds, 7-0 motion passes. z) #23—Section 300 (third option). City Council, Attorney, Clerk and Treasurer. Terms: Mircheff made motion to adopt language as amended, Mulvihill seconds, 4-3(Ray, McKeon, Thompson-opposed) motion passes. 8. PROPOSED UPDATES TO COMMITTEE WORKPLAN, TRACKING DOCUMENT AND OTHER Charter Revision Committee Minutes—April 14, 2022 Page 4 MATERIALS,AS NEEDED. The next meeting is scheduled on Tuesday, April 26, 2022. 9. COMMITTEE MEMBER COMMENTS. Mircheff believes the members have gone as far as they are able on the remaining eight items to bring to next meeting for discussion and vote. Ray reminds the members that the next meeting is on TUESDAY, April 26, 2022(instead of the usual Thursday meeting date), and recommends that members be prepared with concise arguments supporting their beliefs to accommodate the available time for debate. Miller would like to include on the next meeting agenda discussion regarding 312. Vacancies, Forfeitures and Replacement to further discuss adding language that takes into consideration if two or more Council Members leave their seat at the same time. Mulvihill would like staff to make sure that Item#14—Section 612. Public Utilities and Parks and Beaches reflect track changes on the tracking document so the members can see what text has been removed and added. Raphe concluded the evenings discussion pointing out that the votes that were taken tonight have been consequential and shows the hard work and dedication of the members. Also pointed out that moving from straw votes to recorded votes is a big move toward finalizing the recommended Charter revisions, and everyone deserves congratulations. 10. STAFF AND CONSULTANT COMMENTS. None 11. ADJOURNMENT. The meeting adjourned at 7:58 p.m. The next regularly scheduled meeting is on Tuesday, April 26, 2022 at 6:OOp. An agenda will be posted 72 hours prior to the next meeting on: huntinQtonbeach.leQistar.com/Calendar.aspx Charter Revision Committee City of Huntington Beach April 26,2022 2000 Main St. (Rm. B7) &Zoom 6:00 PM -Regular Meeting ` 7 MINUTES DAMON MIRCHEFF, Chair CHARLES CJ RAY, Vice Chair CYNTHIA BENTON, Board Member CASEY MCKEON, Board Member SCOTT MILLER, Board Member Catherine Jun, Office of the City Manager LEONIE MULVIHILL, Board Member Raphael Sonenshein, Consultant DIANNE THOMPSON, Board Member 1. CALL TO ORDER. Called to order at 6:01pm. 2. ROLL CALL. All members present with the exception of Miller who arrived two minutes later at 6:03pm. 3. PUBLIC COMMENTS Gracey Van Der Mark and Austin Edsell asked the Committee to recommend keeping the City Attorney (CA), City Treasurer(CT) and City Clerk(CC)positions elected, instead of appointed. 4. APPROVAL OF MINUTES FROM APRIL 14, 2022 Mulvihill requested modifying Item 7(n) to remove the phrase "Mulvihill would like to include "reaffirmed in 2022". Mulvihill also noted that the descriptions of Items 7(p) and 7(q) are reversed. Mircheff noted in Item 4 (line 3) that the word "amend"should be replaced with the phrase "nor oppose". Mulvihill moved to approve the minutes; seconded by Mircheff Approved 7-0. 5. CHAIR AND VICE CHAIR ANNOUNCEMENTS Mircheff noted that he would like to group tonight's discussion items by type/similarity, rather than moving through them sequentially. He reminded members that they should not feel constrained in changing any of their straw votes during tonight's final votes, if they feel compelled to do so. Ray also reminded members that tonight is not the final stop for these recommendations. Council will need to approve their placement on a ballot where voters will have the final say. 6. (Item continued from April 14, 2022) REVIEW, DISCUSS, AND PROVIDE FINAL RECOMMENDATIONS AND VOTES ON PROPOSED CHARTER REVISIONS Please reference Attachment A for language for each recommendation. (2) Section 300: Thompson moved to approve recommended language with minor clarifying adjustments; seconded by Benton. Approved 7-0. (14) Section 612: Mulvihill agrees with the addition of subsection (7) but not striking out the phrase "operated by"in subsections (a) and(b). McKeon agreed but had some reservations about the ambiguity of the 10%figure in subsection (7) and what its final impacts in cost and size could be in a future replacement project. Mircheff expressed understanding for McKeon's concerns. Thompson felt the 10% figure offers flexibility in cases of market changes and unforeseen fluctuations. Mircheff asked if increasing it to 15% would provide even greater flexibility in those situations. Mulvihill stated that she is not opposed to that idea, but Ray felt that 10% was appropriate. Ray moved to approve the addition of subsection (7) regarding replacement projects; seconded by McKeon. Approved 7-0. Ray moved to reject the strike out of"operated by"in subsections (a) and(b); seconded by Thompson. Approved 7-0. (18) Section 300(CT and CC Roles): Mircheff feels the three elected positions are positions of technical Charter Revision Committee Minutes—April 26,2022 expertise that are not partisan in nature. As such, they should be appointed instead, similar to the City Manager, Fire and Police Chief roles. Ray added that the Committee's job is to provide the Council and voters with options;by providing this option, voters have the opportunity to decide this matter for themselves and as such, he supports this revision. McKeon stated that appointments can also be affected by political pressures; that elected roles provide greater autonomy from such pressures. Mulvihill countered that these positions—whether appointed or elected-are regulated by policies and state laws, including whistleblower laws that would prevent or provide recourse in misconduct situations influenced by those pressures; therefore an appointed role would not be disproportionately affected. Thompson believes the Committee's job is to provide recommendations based on what they feel are the needs or deficiencies in the Charter, she doesn't see any regarding these elected positions and prefers to keep them elected. Mircheff moved to adopt the proposed revisions to convert the CT and CC roles into appointed ones; seconded by Miller. Approved 5-2 with McKeon and Thompson opposed. (19) Section 300(CA Role):Ray felt this change was necessary to make the attorney-client relationship more efficient and less ambiguous;he supports the revision to make the CA an appointed role. Mulvihill agreed. McKeon stated that most Californians have an elected attorney, since most major cities in the State have one. However Miller clarified that a majority of cities do not. Miller feels the role is technical and shouldn't be influenced by political leanings or votes. Benton agreed and felt the Council would be best positioned to identify a qualified CA. Thompson does not want to deny residents the opportunity to vote for this position, since it has traditionally been elected in the City,- she also feels this proposal will be divisive. Ray moved to adopt the proposed revision to convert the CA role into an appointed one;seconded by Mulvihill. Approved 5-2 with McKeon and Thompson opposed. (22) Section 309: Thompson indicated that if the voters make the CA role into an appointed one, adding the proposed revisions that include additional requirements wouldn't be necessary since the City would undertake a recruitment process to identify the most qualified attorney. Ray believes 10 years of experience—not the 5 years as proposed—is necessary to being an effective CA; Miller agreed. Benton felt that whether the position was elected or appointed, the standards should be the same. Ray moved to adjust the proposed revision by striking the "municipal"experience requirement for a City Attorney and increasing the years of experience to 10;seconded by Thompson. Approved 6-1 with McKeon opposed. (20) Section 304: Mulvihill made a wording change and asked to strike out the provision regarding the retired judge; she believes the CC should have the final say in determining a conflict of interest since they are the client and the Charter states that they have control over legal matters. Miller agreed, emphasizing that this supports the attorney-client relationship. Debate ensued between members. Mulvihill moved to incorporate her amendments to the proposed revisions;seconded by Thompson. Approved 6-1 with McKeon opposed. (21) Section 309: Benton and Mulvihill asked for syntax adjustments to the proposed revisions. Mulvihill moved to approved the proposed revisions with those adjustments included;seconded by Thompson. Approved 6-1 with McKeon opposed. (24) Section 312: Mulvihill supports the requirements of 4 affirmative votes to fill a vacancy by Council appointment, per subsection (a). Ray moved to approve that addition with an amendment to add"at least"before it;seconded by Mulvihill. Approved 6-1 with McKeon opposed. Mulvihill supports the recommended language in subsection (c) to add the general election stipulation. McKeon reiterated that a special election is the cleanest and fairest way to fill a vacancy. Moved by Thompson to approve the recommended language for subsection (c) as is;seconded by Charter Revision Committee Minutes—April 26, 2022 Benton. Approved 6-1 with McKeon opposed. 7. PROPOSED UPDATES TO COMMITTEE WORKPLAN, TRACKING DOCUMENT AND OTHER MATERIALS, AS NEEDED Jun reviewed the work plan and the Committee's upcoming milestones. The Committee did not recommend any changes. 8. COMMITTEE MEMBER COMMENTS Mircheff reminded members that staff will prepare a final report for the Committee's consideration on May 12. He asked members to carefully review it ahead of time. Ray thanked the Committee for their collaborative spirit and work. 9. STAFF AND CONSULTANT COMMENTS Sonenshein commended the Committee for their hard work. 10. ADJOURNMENT. Meeting adjourned at 7:57pm to May 12, 2022 at 6:OOp. Charter Revision Committee City of Huntington Beach May 12,2022 2000 Main St. (Rm. 67)&Zoom 6:00 PM -Regular Meeting ` MINUTES DAMON MIRCHEFF,Chair CHARLES CJ RAY,Vice Chair CYNTHIA BENTON, Board Member CASEY MCKEON, Board Member SCOTT MILLER, Board Member Catherine Jun,Office of the City Manager LEONIE MULVIHILL, Board Member Raphael Sonenshein, Consultant DIANNE THOMPSON, Board Member Meetings will be conducted both in person and virtually via Zoom until further notice. Committee members and visitors who wish to attend virtually may do so by visiting www.Zoom.us, clicking on the "Join a Meeting" link and inputting Meeting ID: 996 4423 5338. Attendees also have the option to attend telephonically by calling 1- 669-900-6833, and entering Meeting ID: 996 4423 5338#. 1. CALL TO ORDER. Meeting called to order at 6:04pm 2. ROLL CALL. All members present. 3. PUBLIC COMMENTS. None. 4. APPROVAL OF MINUTES FROM APRIL 26, 2022 Mulvihill requested spelling corrections to her last name under Items 6(14) and 6(20). Moved by Thompson, seconded by Mulvihill. Approved 7-0. 5. CHAIR AND VICE CHAIR ANNOUNCEMENTS Mircheff thanked the Committee for reviewing the final report in advance of tonight's meeting. He believed the recommendations in the report represented thoughtful compromises and felt that they would make the Charter stronger. Ray expressed that he enjoyed worked with everyone and expressed gratitude for being part of the Charter review process. 6. CONSIDERATION OF THE COMMITTEE'S FINAL REPORT AND RECOMMENDATIONS TO THE CITY COUNCIL Recommendations.- a) Review and approve the Final Report and Recommendations; and b) Direct staff to transmit the Final Report and Recommendations to City Council and to place the item on the June 7, 2022 City Council agenda for consideration; c) Or do not approve the recommendations above and direct staff accordingly. In the report under Recommendation 17, Mulvihill asked to replace the word"exclusion"with "exemption". Also, on page 6(second to last paragraph), Mulvihill asked to remove the word primary"since the report and recommendations were the Committee's sole objective. In the same paragraph, Mulvihill requested a minor syntax change. Under Recommendation 6, Thompson felt that adding term limits to the City Attorney position (if it remains elected) does not align with the recommendations to make all elected positions into appointed ones. She suggested removing the recommendation. Mulvihill expressed appreciation for Thompson's point but felt that such a substantive change could likely not be made at this point. Changes would have to be made by the City Council. Mircheff moves to approve the memo (aka final report) as amended,seconded by Thompson. Approved 7-0. The Committee then began reviewing the proposed, redlined Charter. Mulvihill referenced Section 303(a) and stated that she didn't think the Committee voted to strike out the final sentence. The members agreed and asked staff to undo the strike out, as an administrative correction. Benton pointed to Section 309(m) asked if the word"oneself'should be added after"Recuse". The Committee decided it was not required. McKeon added a minor formatting change to Section 309(i). Charter Revision Committee Minutes —May 12, 2022 In Section 310, Benton requested a syntax change, moving the amended language closer to the top of the paragraph and removing "or obtain such certification"which was redundant. Afterwards, members asked clarifying questions about Section 300. Mulvihill moved to approve memo final report with recommendations as amended;seconded by Thompson. Approved 6-1 with McKeon opposed. Miller asked the Committee to consider requesting the Council to form a subcommittee to consider the final report next before reaching the City Council. Most members felt it was a step that would delay the workplan timeline and was not needed. Miller moved to request the formation of a Council subcommittee. No second. Motion failed. 7. DISCUSS AND DETERMINE THE PROCESS OF PRESENTING THE FINAL REPORT TO CITY COUNCIL IN JUNE 2022 Sonenshein proposed a process whereby consultant and staff would introduce the Chair and Vice Chair and speak briefly about the standout moments of the Committee. The Chair and Vice Chair would then walk the Council through the Committee's process. The Committee decided it was best not to directly answer questions regarding some of the more controversial items, since most of the discussion was documented in the minutes and it would not be fair for 2 members to speak on behalf of all the diverse viewpoints presented during meetings. 8. PROPOSED UPDATES TO COMMITTEE WORKPLAN, TRACKING DOCUMENT AND OTHER MATERIALS, AS NEEDED. None 9. COMMITTEE MEMBER COMMENTS Mulvihill thanked staff and consultant and expressed appreciation for this opportunity to work with Committee members of this high caliber. Thompson appreciated working with everyone and the support she received. Miller thanked the members and staff as well. He felt that the group's ability to reach consensus was admirable and wish he could see more of this collaboration throughout our communities. McKeon enjoyed the vigorous debate and felt this was a rewarding experience. He felt that the group was cordial, honest and transparent and thanked staff and members for this unique experience. Benton felt it was a positive experience and that the Committee shared its opinions in a civil manner. She also thanked staff and expressed appreciation for civil servants. Mircheff agreed with Benton. Mulvihill thanked the Chair and Vice Chair for their wonderful work. Ray stated that he was very thankful for this opportunity and thanked members and staff. 10. STAFF AND CONSULTANT COMMENTS Hopkins thanked Sonenshein for his guidance and Jun for her attention to detail. He acknowledged the Committee for their hard work. 11. ADJOURNMENT. Adjourned at 7:06pm The next Committee meeting date is to be determined, and future agendas will be posted 72 hours prior to the next meeting on: hu_ntingtonbeach.legistar.com/Calendar.aspx INTERNET ACCESS TO THE AGENDA AND STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO THE MEETING AT: https://huntingtonbeach.legistar.com/ In accordance with the Americans with Disabilities Act, services are available to members of our community who require special assistance to participate in public meetings. If you require special assistance, 48-hour prior notification will enable the City to make reasonable arrangements for an assisted listening device for the hearing impaired, American Sign Language interpreters, a reader during the meeting and/or large print agendas. Contact the City Manager's Office at 714-536-5553 for more information,or request assistance from the recording secretary at the meeting. Switzer, Donna From: Janice Hopkins <outlook_E36556D276BE5C19@outlook.com> Sent: Tuesday,June 7, 2022 3:27 PM To: supplementalcomm@surfcity-hb.org Subject: Appointing the City Attorney Sent from Mail for Windows As a resident of downtown Huntington Beach for over 25 years I implore you to keep the City Attorney an elected office. Our democracy must continue to be in the residents hands. Janice Hopkins 415 91h Street 1 Switzer, Donna From: Fikes, Cathy Sent: Tuesday,June 7, 2022 4:50 PM To: Agenda Alerts Subject: FW: City council meeting June 7, 2022 -----Original Message----- From: Alice<alice4656@yahoo.com> Sent:Tuesday,June 7, 2022 3:49 PM To: CITY COUNCIL<city.council@surfcity-hb.org> Subject: City council meeting June 7, 2022 As a long time citizen of Huntington Beach i am asking please do not remove elected offices of city attorney,treasurer and Clerk. Do not manipulate citizens of Huntington Beach with the need for different people than HB people voted for. Do not destroy the rest of faith we have in you. Alice Lastuvka 1 Switzer, Donna From: Fikes, Cathy Sent: Tuesday,June 7, 2022 4:50 PM To: Agenda Alerts Subject: FW: City council meeting June 7, 2022 From:Ali Lastuvka<ali.lastuvka@gmail.com> Sent:Tuesday,June 7, 2022 4:00 PM To: CITY COUNCIL<city.council@surfcity-hb.org> Subject:City council meeting June 7, 2022 Dear City Council I grew up in Huntington Beach and as a nearly lifelong citizen of Huntington Beach who went to the local schools to learn about politics and government it is a pretty shocking discovery to find out how seemingly corrupt our local government has become!! I am asking to not remove elected offices of city attorney, treasurer and clerk. Do not manipulate the citizens of Huntington Beach, who you have been put in place to represent, with agendas that don't include the input from the people of Huntington Beach! Do not replace elected officials with different people than the people of Huntington Beach voted for. Do not destroy the little faith we have left in you!! Ali i Switzer, Donna From: Fikes, Cathy Sent: Tuesday,June 7, 2022 4:49 PM To: Agenda Alerts Subject: FW:Tonight's Council Meeting From: Bob Bean <beansonwindfall@gmail.com> Sent:Tuesday,June 7, 2022 4:02 PM To: supplementalcomm@surfcity-hb.org; CITY COUNCIL<city.council@surfcity-hb.org> Subject:Tonight's Council Meeting I am writing to respond to the outrageous actions of this city council. I normally keep my distance, but from what I am seeing, you are working very hard at taking away the rights of the great citizens of Huntington Beach. I am 100 percent against the city council changing the charter in favor of them appointing their own attorney. It is clear that this council wants someone they can hold a paycheck over in order to accomplish what they want. That is not the kind of representation the citizens want, we want to be able to have a voice in who protects our city from lawsuits. We do not want our voices silenced by this pretty unethical city council. I heard on the news today that the council is touting this as an opportunity to take partisan politics out of the appointment of the attorney. I could not believe what I heard, a group of unethical, ultra liberal members of the council will have no partisan effect on the selection....If anyone believes this, I have oceanfront property in Arizona I would like to sell you. Stay out of our charter!!!!! Bob Bean i Switzer, Donna From: Fikes, Cathy Sent: Tuesday,June 7, 2022 4:49 PM To: Agenda Alerts Subject: FW: City Attorney From: Hiring Manager<dentalstaff123@gmail.com> Sent:Tuesday,June 7, 2022 4:19 PM To: supplementalcomm@surfcity-hb.org; CITY COUNCIL<city.council@surfcity-hb.org> Subject:City Attorney Please stop the madness!! I am ashamed and embarrassed to admit that I am a citizen of HB because of the horrible efforts this corrupt and unethical city council is doing in an effort to take away the votes of the citizens they were elected to serve. This council clearly has no understanding what it means to serve, it does NOT mean to self serve, it does not mean serve only those who lined your pocket with campaign or other money, it does NOT mean to serve those you made unethical promises to to get them to line your pockets, it means to serve those who elected you. It means to serve the community in an honest and ethical manner. Ethics and Honesty are severely lacking in those of you trying to take away our vote. By taking away our right to vote on who we wish to represent our city in all legal matters,you are trying to silence us. We will not be silenced! It is our charter and our right. It should not be up to 6 who do not represent the best interest of the city. It should not be up to 6 who do behind door dealings making unethical promises. It should not be up to those of you who are entwined with individuals who are under criminal investigation by the FBI. It should not be up to those of you who are acting unethically and possibly criminally with your dealings with OPCA. In fact those of you who have not acted in the best interest of the city should recuse yourselves from this vote, You should not be allowed to enter into a vote when your dealings, in regards to this city, are bordering on criminal. We do not want our voice stifled by a bunch of corrupt crooks. LEAVE OUR CHARTER ALONE AND LET US DECIDE WHO WE WANT TO REPRESENT US!!! Janet C. Lovell i Switzer, Donna From: Fikes, Cathy Sent: Tuesday,June 7, 2022 4:52 PM To: Agenda Alerts Subject: FW: HB City Charter Revision Importance: High From: mshiner5@msn.com<mshiner5@msn.com> Sent: Monday,June 6, 2022 4:27 PM To:CITY COUNCIL<city.council@surfcity-hb.org> Subject: HB City Charter Revision Importance: High Dear Mayor Delgleize, Mayor Pro Tem Posey, Councilmembers Bolton, Carr, Kalmick, Moser, and Peterson: I am vehemently opposed to any Huntington Beach City Charter revisions that you're recommending/considering regarding the elimination of WE THE VOTERS' choices of electing our city attorney, city clerk, and treasurer! As a city, we need to protect our city charter as it stands because I don't want our city council members with various agendas appointing their preferred choices to represent US Citizens of Huntington Beach. Michael Gates, our present City Attorney, has done a fantastic job of winning cases brought against our city, saving our city many millions of dollars in many lawsuits over the years as well as protecting our great city from losing it's charter status in this state. YOU need to listen to the wants of the citizens of Huntington Beach--not what YOU want! We want a say in our city government in a state that only listens to one democratic side it seems these days. Please preserve our HUNTINGTON BEACH CHARTER AS IT STANDSH This is our right as citizens of Huntington Beach!! Sincerely, Marlene Shiner, Concerned Huntington Beach Citizen of 25 years i Switzer, Donna From: Fikes, Cathy Sent: Wednesday, June 8, 2022 8:47 AM To: Agenda Alerts Subject: FW: Charter Amendments - suggestion for amending Section 309 Attachments: HB Charter Amendment Sec 309 - Suggestion.pdf From: David Treiman <dtreiman@earthlink.net> Sent:Tuesday,June 7, 2022 6:36 PM To: CITY COUNCIL<city.council@surfcity-hb.org> Subject: Charter Amendments- suggestion for amending Section 309 1 made some comments using Zoom at today's study session regarding Section 309 of the Charter. I summarized a letter regarding Charter section 309 that I had planned to send to the proposed ad hoc council committee. Just in case the Council decides not to create the ad hoc committee, I am attaching my letter to this email so all members of the Council can read it. Feel free to contact me if you have any questions. Legal drafting is one of the most challenging legal tasks. Thank you all for your efforts to improve the charter. David Treiman dtreiman@earthlink.net 1 PROPOSED CHARTER AMENDMENT SECTION 309 1 would like you to consider an amendment to the proposed Charter amendments relating to the qualifications required to be City Attorney either elected or appointed. I would like to see the Bold clause below repealed. Section 309. CITY ATTORNEY. POWERS AND DUTIES. To become and remain eligible for City Attorney the person elected or appointed shall have graduated from a law school accredited by the American Bar Association, be an attorney at law, duly licensed as such under the laws of the State of California, shall have been engaged in the practice of law in this State for at least five years prior to their election or appointment. I did not notice that the current charter requires the City Attorney to be a graduate of an ABA accredited law school prior to the last election where Gates' opponent was disqualified because he was a member of the bar who graduated from a state accredited law school. This requirement is unnecessary, unfair, harmful, and probably based on prejudiced stereotypes that are illogical and unreliable. I believe it was added to the Charter in 2010. 1 don't have any idea why this was added. The problem can be easily solved by deleting that requirement as types in bold above. I am providing a relatively brief(for me)explanation my concerns and will be happy to elaborate and answer questions or concerns you might have. First consider why the requirement requiring a law degree from an ABA school and not a California accredited law school was added the charter. I can only speculate that it was based on assumptions that students who get into an ABA school must be smarter than a student who went to a state accredited school, and that a graduate of an ABA accredited law school probably got a better education than the graduate of a state accredited law school. Even if these two assumptions were often accurate,they are not always accurate. The hiring decision being made is not for a group but for an individual. Unfortunately, with or without the charter requirement, I know that many people make hiring decisions based on stereotype and prejudice. It is difficult to change minds. But the City should not be imposing these stereotypes when people who do the hiring have information from the applicant that the applicant does not fit the stereotype. If you rely on stereotypes,wouldn't be fair to assume the graduate of the state accredited law school graduate who passed the California Bar must be smarter than the graduates of ABA accredited schools because he allegedly had to overcome an inferior quality education. Many graduates of ABA accredited schools fail the exam despite the assumed superior education. The first assumption, that the student who attends a state accredited school must be less intelligent than the student who gets into the ABA accredited school, is the one that I find most troubling. The assumption is based primarily on the reliance in the law school admission process on grades and the Law School Admission Test(LSAT). In reality other factors are often taken into account. There has long been controversy about over reliance on the LSAT and changes are being made. Reliance on grades is also problematic because of the variations in grading because schools grading systems are so different. Also, the admissions process focuses Page 1 of 3 on who might be the best students. This does not necessarily correlate to who will make the best lawyers, or judges, or others dealing with legal matters. But even if the admission process was an excellent method for finding the best students, it ignores that fact that many students with an excellent college record make less of an effort in law school, or find that study habits and abilities that worked for them in college do not work in law school. Also many have student burnout or outside distractions. For me the most unfair and erroneous stereotype is that if you are smart you would only go to an ABA accredited school. The fact is that there may be many very bright students who could get into an ABA accredited school but still choose to go to a state accredited law school. These students tend to be older and apply for law school several years after college graduation. They have jobs and families, but they decide they would like a legal career. They cannot afford to give up their job and they want to go part time, or they do not want to move the family and there is no ABA accredited law school nearby. Most ABA accredited schools do not have evening part-time programs but many(perhaps most) state accredited law schools do have such programs. I taught at Whittier Law School (an ABA accredited law school) for 31 years. For most of those years Whittier had a part-time evening program and also accepted some part-time day students. These students almost all had full time jobs. It was a four-year program rather than the regular three-program. They had ten hours of class a week rather than the fourteen hours of class a week. Their class load was 2/3 of that of a full time student, but they had full time jobs. Finding study time was a challenge. Many of these students probably could have gotten in better schools if they could go full time. Many of these students had the skills and ability of top students and more focus and drive so they could do their class preparation in less time. I believe similar situations exist in some state accredited schools. I also have concerns about the second assumption-that students attended ABA accredited schools get a better education than at state accredited law schools. Assumptions like this also exist comparing ABA law schools with each other based on rankings of schools -i.e.,the higher the rank, the better the education. The assumption is that your job prospects are better the higher the ranking is of the school that granted your diploma. Employers may make this assumption to limit the number of applicants that get interviews. But this is not necessarily the best way to evaluate candidates even if it the easiest way. I taught thousands of law school students at three different ABA accredited law schools over a 38-year period. One school was top tier, one was middle tier, and one was bottom tier, but I had outstanding students at all three, and I had students who failed out at all three,though the proportions varied. The faculties were different at the three schools. A very visible difference between the faculties at top tier schools and lower tier schools is the output of scholarly publications. Unfortunately for the students, scholarly publication does not always equate with quality of teaching and time spent with students. I graduated from Harvard Law School and had some excellent teachers, but also some who were not effective teachers (some perhaps because of insufficient effort and teaching skills). Teacher training is not required for law school professors. After 38 years of teaching, I do not have the training legally required to teach Page 2 of 3 elementary school. Finally, under California law you must pass the California Bar Exam to practice law. But anyone with a law degree from an ABA accredited law school or a state accredited law school, or a specified period of training under the supervision of a lawyer,can take the bar exam. If they pass,they are all on an equal footing regarding the right to practice law(except for Huntington Beach City Attorney and ....?) You don't even need to graduate from an ABA accredited law school to serve on the United States Supreme Court or even have a law degree if the Senate approves your nomination! A few additional observations. 1. 1 suspect that if you observed the job routine of the City Attorney, or the head of any large legal operation,managerial skills may be more critical than legal skills. I suspect the time spent on management is much greater the time spent on legal work, especially if there are an adequate number of legal subordinates. Managerial skills probably are not considered by the voters, but probably will be considered if the City Attorney is appointed. Prior experience managing a legal office should be a significant consideration even if not a requirement. 2. The City of Los Angeles had an elected city attorney, Carmen Trutanich who graduated from a state accredited law school after getting a BA in Business Administration and an MBA. https://en.wikil2edia.org/wiki/Carmen Trutanich 3. For Fun-Malcolm Gladwell, an accomplished journalist and author,has two interesting podcasts that are relevant. Puzzle Rush Revisionist History (34 minutes) http://omny.fm/shows/revisionist-history/puzzle-rush Malcolm challenges his assistant Camille to the Law School Admissions Test.He gets halfway through,panics,runs out of time,and wonders: why does the legal world want him to rush? https://podeasts.apple.com/us/podcast/puzzle-rush/idl 119389968?i=1000442142499 The Tortoise and the Hare Revisionist History (38 minutes) https://omny.fm/shows/revisionist-history/the-tortoise-and-the-hare Society&Culture A weird speech by Antonin Scalia,a visit with some serious legal tortoises,and a testy exchange with the experts at the Law School Admissions Council prompts Malcolm to formulate his Grand Unified Theory for fixing higher education. https://podcasts.apple.com/us/podcasVthe-tortoise-and-the-hare/id 1 119389968?i=1000442923261 [Justice Scalia speaks about his selection of law clerks from the top rated schools,but the best clerk he ever had did not attend an elite school] Thank you for your efforts. David Treiman Page 3 of 3 Switzer, Donna From: Fikes, Cathy Sent: Wednesday,June 8, 2022 8:48 AM To: Agenda Alerts Subject: FW: City Charter From:Thom Doney<thomdoney@yahoo.com> Sent:Tuesday,June 7, 2022 7:14 PM To:CITY COUNCIL<city.council@surfcity-hb.org> Subject: City Charter I do not support any changes to the City Charter. We want to keep the right to elect our City Clerk, City Treasurer and City Attorney. We do not need more political appointees who are unresponsive to the voters. Thank you, Thom Doney 6552 Melbourne Dr. HB, CA 92647 714-345-9294 i Switzer, Donna From: Fikes, Cathy Sent: Thursday,June 9, 2022 10:29 AM To: Agenda Alerts Subject: FW: City Attorney From:Susan Allen<smacats@gmail.com> Sent:Wednesday,June 8,2022 6:39 PM To:CITY COUNCIL<city.council@surfcity-hb.org> Subject: City Attorney Shame on you for even considering appointing the city attorney position. The people elected him,just as they elected you, and how dare you take that right from us. It's one thing for you to appoint a vacant council seat with someone who didn't campaign for the position, pound the pavement, or even spend a penny of their own money for the position, but to blatently think you can now appoint these other positions shows you don't give a rats ass what your fellow neighbors want. If nothing else, a decision like this must be put on a ballot and let the people decide, not you 5 clowns. Shame on you. Please reply back that you recieved this communications. i Switzer, Donna From: Fikes, Cathy Sent: Thursday,June 9, 2022 10:29 AM To: Agenda Alerts Subject: FW: City Attorney Elected by People -----Original Message----- From: Ellen Nastase<ellen.a.nastase@gmail.com> Sent: Wednesday,June 8, 2022 6:30 PM To: CITY COUNCIL<city.council@surfcity-hb.org> Subject: City Attorney Elected by People Hi, I believe that the residents of Huntington Beach should elect the city attorney. I believe that this should not be decided by members of the city council. Limiting the power of the city council is in the best interest of our democracy. Thanks, Ellen Nastase Resident of the City of Huntington Beach Sent from my iPhone i Switzer, Donna From: Fikes, Cathy Sent: Thursday, June 9, 2022 10:31 AM To: Agenda Alerts Subject: FW: City Attorney From: Clifford Anderson <flyfshr@gmail.com> Sent: Wednesday,June 8, 2022 10:56 AM To: CITY COUNCIL<city.council@surfcity-hb.org> Subject: City Attorney Do not go against citizens of Huntington Beach wishes and modify City Charter, Leave City Attorney an elected position. If you do not, none of you will get my vote at election time. Sincerely, 56 year resident of Huntington Beach I Switzer, Donna From: Janet Bean <janetbeandesigns@gmail.com> Sent: Saturday, June 4, 2022 12:31 PM To: supplementalcomm@surfcity-hb.org; CITY COUNCIL Subject: Tuesday June 7th Agenda I am writing to let you know that as a citizen of HB, I am so disgusted by yet another power grab by this sitting council. We want a City Attorney that we vote on, not one that you choose as your puppet to do your bidding. The only fair way we can be assured of less corruption, is by a vote of the citizens, not a handful of elected officials who have a clear agenda that is not good for the city. I am against an appointed city attorney, I am against you having the authority to bring in your own attorney to nullify our elected attorneys position. I am against term limits on the city attorney, that should be up to the voters, if we feel the attorney is not acting in the best interest of the community, it is up to US to decide to not elect him. NOT YOU!! This is clearly a hit job because he is not your puppet. I also feel that since Kim Carr is aligned with a person the FBI deems as a criminal, she should recuse herself from anything to do with the city until it is proved that she is not involved in such activity. I also feel that Mike Posey and Dan Kalmick, due to their unethical behavior with OPCA, they as well should be recused from anything to do with the city until it is deemed that their involvement is not as unethical as it appears. A citizen tired of this power grabbing council, Janet Bean SUPPLEMENTAL COMMUNICATION Mee"r.8te to -7l-2z — Agenda item►IVo. / �2.2 -y �) RECEIVED 2122JUN -6 PMl2: 41 CITY CLERK CITY OF HUNTINGTON SEA': City Atty.Postion Dear City Council: Huntington Beach is the only Orange County city where the city attorney is elected- with all the negatives that entails,and there are many. Not only would there be the obvious considerable cost savings but, hopefully,also a way for the Council to address the City attorney's office arrogance when dealing with mere constituents. Appointing, rather than electing,a city attorney as well as using ouside counsel would make far more sense. Sincerely, Constituent SUPPLEMENTAL COMMUNICATION Meetjng pate. Agenda Item No.• Switzer, Donna From: Deni Mac <denimac@aol.com> Sent: Tuesday, June 7, 2022 12:21 PM To: CITY COUNCIL; supplementalcomm@surfcity-hb.org Subject: written public comment for 6/7/22 city council meeting Dear Mayor Delgleize and Council Members, As a long time resident of Huntington Beach and daughter of a previous HB Mayor, Don MacAllister, I wish to share that I do not agree with setting a term limit for our City Attorney nor do I agree to have the City Attorney position be appointed by the city council. As a citizen it is our right to choose and vote for our city clerk, our city treasurer, and our city attorney. You are very aware of how excellent our current people are in these positions.Our current City Attorney has won numerous cases and fought for the good of our city. Additionally, please do not nullify the current City Attorney position/department by adding language to section 309 to allow you to hire outside attorneys. Please respect the current city charter and do not make the changes you propose. Sincerely, Denise MacAllister, Ed.D. June 7, 2022 SUPP1 EMIEN)'All- COMMUNICATION Meeting Cate. 4g ,agenda ftem No..- ! ( z�� y5, Switzer, Donna From: Denise Kavanaugh <anikablaire@mac.com> Sent: Tuesday,June 7, 2022 1:17 PM To: supplementalcomm@surfcity-hb.org Subject: Charter Revision Dear City Council Members, Please do not move forward with a charter amendment that removes our City Attorney,Treasurer, and Clerk positions from Elected to appointed positions.This takes away my vote and say in local government. Sincerely, Denise Kavanaugh Sent from my Whone SUPPLEMENTAL COMMUNICATION Meetkig Nte: /2/2 2 Agenda Kern No.: i Estanislau, Robin From: Fikes, Cathy Sent: Tuesday,June 7, 2022 2:42 PM To: Agenda Alerts Subject: FW: Changing Charter -----Original Message----- From:Juli Halopoff<jhalopoff@gmail.com> Sent:Tuesday,June 7, 2022 2:33 PM To: CITY COUNCIL<city.council@surfcity-hb.org> Subject: Changing Charter I would appreciate you explaining to the voters of Huntington Beach why it would be better to let the city council appoint our City Attorney, Clerk, and Treasurer. Please tell me why my vote/opinion is less important than yours. None of you are an expert on running a city.You continue to fail the citizens of HB. Some of you are too old to be running for office (term limits should have age limits) and the rest of you are unqualified. If you try to put this on the ballot in November, rest assured that there will be plenty of opposition. I sincerely hope that you remember what your actual job is regarding city council duties. Juli Halopoff Sent from my Whone SUPPLEMENTAL COMMUNICATION Meeft Date: &/712Z Agenda Item No. (2-2 1 Z/ Estanislau, Robin From: Fikes, Cathy Sent: Tuesday, June 7, 2022 2:42 PM To: Agenda Alerts Subject: FW: City Council Meeting - Charter From: c t<icek8s@msn.com> Sent:Tuesday,June 7, 2022 1:58 PM To: CITY COUNCIL<city.council@surfcity-hb.org> Subject: City Council Meeting-Charter I am requesting that you leave our charter alone. I do not support revisions to the charter, especially those involving the city attorney position. Cynthia Terhune SUPPLEMENTAL COMMUNICATION tweeting Date: !?/2,7/ZZ Agenda Item No.: ( 22- y l 1 Estanislau, Robin From: Fikes, Cathy Sent: Tuesday,June 7, 2022 2:42 PM To: Agenda Alerts Subject: FW: Keep City Clerk, Attorney, and Treasurer Elected Offices From: Linda Minko<pmsurf@aol.com> Sent:Tuesday,June 7, 2022 1:54 PM To: CITY COUNCIL<city.council@surfcity-hb.org> Subject: Keep City Clerk,Attorney, and Treasurer Elected Offices Dear City Council, I would like to voice my desire to keep the offices of City Clerk, City Attorney, and City Treasurer as elected offices. would like for you to vote for it to be kept this way. I feel that we the residents of Huntington Beach deserve to be able to vote for these offices. Please vote at the City Council meeting to keep these offices as elected offices. Thank you, Peter and Linda Minko ----Original Message----- From: Linda Minko <Pmsurf d-)icloud.com> SUPPLEMENTAL To: Linda Minko <pmsurf .aol.com> COMMUNICATION Sent: Tue, Jun 7, 2022 1:48 pm Subject: Fwd: Keep City Clerk, Attorney, and Treasurer Elected Offices Among Date:_ 66P1 7'/2 Z Agenda Hem No../( 22— y Begin forwarded message: From: Linda Minko <Pmsurf cCD.icloud.com> Subject: Keep City Clerk,Attorney, and Treasurer Elected Offices Date: April 26, 2022 at 8:15:11 AM PDT To: City.Council(cDsurfcity-hb.orq Dear City Council, I would like to voice my desire to keep the offices of City Clerk, City Attorney, and City Treasurer as elected offices. I would like for you to vote for it to be kept this way. I feel that we the residents of Huntington Beach deserve to be able to vote for these offices. Please vote at the City Council meeting to keep these offices as elected offices. Thank you, Peter and Linda Minko 2 Estanislau, Robin From: Fikes, Cathy Sent: Tuesday,June 7, 2022 2:42 PM To: Agenda Alerts Subject: FW: Proposed Charter Amendments -----Original Message----- From: Kathey<kathey_haas@hotmail.com> Sent: Tuesday,June 7, 2022 12:29 PM To: CITY COUNCIL<city.council@surfcity-hb.org> Subject: Proposed Charter Amendments Dear City Council Members: I have been a home owner and resident of Huntington Beach for over 48 years. During that time we have been very well served by having an elected city attorney, city clerk and city treasurer. There is absolutely NO REASON to change this!!! The City Council already has substantial control over the various officials and committees which govern our city. Each Council member is permitted to appoint a person to various committees/commissions within the city, such planning commission, charter review committee etc. We,the people, need and want to retain the power to select our city attorney, city clerk, and city treasurer. We do not want term limits on these positions either! When we have a city attorney as successful as Michael Gates has been in representing us and winning funds for the city,why would we want to limit the time of his service??? We also do not support limiting his authority by allowing City Council to hire outside counsel without the consent and oversight of the city attorney!! Therefore, I am opposed to all the proposed revisions to the current city charter. Please do not vote to place them on the ballot, as they are not needed or desired! Sincerely, Kathey Haas Sent from my iPhone SUPPLEMENTAL COMMUNICATION Meeting C*te; �"122 Agenda Item No.*- 1 Estanislau, Robin From: Fikes, Cathy Sent: Tuesday, June 7, 2022 2:43 PM To: Agenda Alerts Subject: FW: written public comment for 6/7/22 city council meeting From: Deni Mac<denimac@aol.com> Sent: Tuesday,June 7, 2022 12:21 PM To: CITY COUNCIL<city.council@surfcity-hb.org>; supplementalcomm@surfcity-hb.org Subject: written public comment for 6/7/22 city council meeting Dear Mayor Delgleize and Council Members, As a long time resident of Huntington Beach and daughter of a previous HB Mayor, Don MacAllister, I wish to share that I do not agree with setting a term limit for our City Attorney nor do I agree to have the City Attorney position be appointed by the city council. As a citizen it is our right to choose and vote for our city clerk, our city treasurer, and our city attorney. You are very aware of how excellent our current people are in these positions.Our current City Attorney has won numerous cases and fought for the good of our city. Additionally, please do not nullify the current City Attorney position/department by adding language to section 309 to allow you to hire outside attorneys. Please respect the current city charter and do not make the changes you propose. Sincerely, Denise MacAllister, Ed.D. June 7, 2022 SUPPLEMENTAL COMMUNICATION !beating Date:__. &1;�-120_ Agenda Item No.: 1 Estanislau, Robin From: Fikes, Cathy Sent: Tuesday,June 7, 2022 2:43 PM To: Agenda Alerts Subject: FW: Huntington Beach City Charter Revision From:Sue Jervik<suejervik@pm.me> Sent:Tuesday,June 7, 2022 10:59 AM To: CITY COUNCIL<city.council@surfcity-hb.org> Subject: Huntington Beach City Charter Revision To all members of the Huntington Beach City Council, I oppose suggested changes to Charter Amendments to eliminate elected city attorney, elected clerk and elected treasurer. The citizens of Huntington Beach must be allowed to vote on these positions. These positions should not be selected by the city council. Regards, Susan Jervik Huntington Beach Resident Sent from ProtonMail mobile SUPPLEMENTAL COMMUNICATION Agenda Item No.: i l22 1 Estanislau, Robin From: Fikes, Cathy Sent: Tuesday, June 7, 2022 2AS PM To: Agenda Alerts Subject: FW: Oppose changing our City Charter From: Deb Janus<debjanus@gmail.com> Sent:Tuesday,June 7, 2022 10:32 AM To:CITY COUNCIL<city.council@surfcity-hb.org> Subject:Oppose changing our City Charter Council, I oppose changing our City Charter and I oppose changing the position of City Secretary, City Treasurer and City Attorney to an appointed position. Please do not move forward with this . Deborah Janus Huntington Beach 92646 714.330.4152 mobile SUPPLEMENTAL COMMUNICATION Meeft Date: &/ 7-✓2 Z Agenda Item No. / Estanislau, Robin From: Fikes, Cathy Sent: Tuesday, June 7, 2022 2:46 PM To: Agenda Alerts Subject: FW: Our right to elect city attorney. From: David Parikh<davidparikh@gmail.com> Sent:Tuesday,June 7, 2022 9:49 AM To: CITY COUNCIL<city.council@surfcity-hb.org> Subject: Our right to elect city attorney. Hi, I think it would be better to continue electing our City Attorney so that he/she is accountable to the voters. Please don't take away our rights to choose our city's leaders. Thanks --David Parikh David Parikh 16835 Algonquin St., 283 Huntington Beach, CA 92649 SUPPLEMENTAL COMMUNICATION Meeft Date: 4011zzlzz Agenda Item No.; / l �2 'V 1 Estanislau, Robin From: Fikes, Cathy Sent: Tuesday, June 7, 2022 2:46 PM To: Agenda Alerts Subject: FW: Stop Trying to Change the Charter From:jjreed85<jjreed85@protonmail.com> Sent:Tuesday,June 7, 2022 9:32 AM To: CITY COUNCIL<city.council@surfcity-hb.org> Subject:Stop Trying to Change the Charter Stop trying to change the charter, we do not trust you as a group (at least the majority of you) to determine anything related to our charter, even if it is simply what is sent to be put on the ballot. A majority of you we no longer trust, and one of you is not even elected by the people of this city, and therefore you all have no business making decisions for us. Our City Attorney is one of the BEST. The position already has 'term limits', it is called an ELECTION, where WE the people of this city determine if he or she still has our confidence or not (something you don't have). The City Attorney should also be the only one to determine if THEY need outside council assistance. The City Clerk, Treasurer and Attorney should ALL be elected positions. These types of positions are elected within the state and counties, it should not be any different in our city. It keeps checks and balances within the city as these positions remain employees of, and keep the best interests of, the RESIDENTS... preventing them from allowing you to make poor decisions like you have been. UIPIPI i ENTAL C Oki, 1TI Meeting Date. 611/iy2z �— Agenda Item tie,; (2.2— 1/ 7-5) . 1 Estanislau, Robin From: Fikes, Cathy Sent: Tuesday, June 7, 2022 2:46 PM To: Agenda Alerts Subject: FW: City Charter Election! From:sharon virtue<slvirtue@outlook.com> Sent:Tuesday,June 7, 2022 9:13 AM To:CITY COUNCIL<city.council@surfcity-hb.org> Subject: City Charter Election! Good Morning, I would like to comment on the item up for discussion today regarding our city charter and voting on city offices. In my opinion as a resident of Huntington Beach for over 40 years it would be an immense mistake to change the charter and take away the rights of the citizens of Huntington Beach to vote on whom they would like to have as their city attorney. Why all of a sudden should it be up to the city council to make that decision? Why the change? Keep our charter as it is and quit trying to change the will of the citizens of this town. Additionally, I think Michael Gates has done an outstanding job representing this city! Regards, Sharon Virtue SUPPLEMENTAL COMMUNICATION Meeting Date: Agenda Item No.: Estanislau, Robin From: Fikes, Cathy Sent: Tuesday,June 7, 2022 2:46 PM To: Agenda Alerts Subject: FW: Elected x appointed positions From: krica256@aol.com <krica256@aol.com> Sent:Tuesday,June 7, 2022 8:14 AM To: CITY COUNCIL<city.council@surfcity-hb.org> Subject: Fwd: Elected x appointed positions Hello City Council members, I am writing to you today to say that I find it ridiculous that you are proposing to change our charter to make the positions of City Treasurer, City Clerk and City Attorney all appointed by the council. Specially the City Attorney who is there to protect the interest of the citizens and not the interest of the council. These positions should remain as elected positions to be voted by the citizens of HB. It is bad enough that the Planning and Financial commissions are not elected positions. You should be focusing on fighting the rampage crime and homeless problems we have instead of changing out charter to fit your ideologies. Best regards, Christina Silva-Salgado 7652 Ontario Drive HB 92648 (714) 307-7101 SUPPLEMENTAL AL COMMUNICATION Meeting Date:_„ 6/7-/2� Agenda Item No.- !Z Z i Estanislau, Robin From: Fikes, Cathy Sent: Tuesday, June 7, 2022 2:47 PM To: Agenda Alerts Subject: FW: Michael Gates, City Atty From:Sherry Kennedy<dksmrs5@yahoo.com> Sent: Monday,June 6, 2022 4:36 PM To: CITY COUNCIL<city.council@surfcity-hb.org> Subject: Michael Gates, City Atty Let the people of HB to elect our own HB city attorney. Anyone appointed by city council only serves you & your developers , in my opinion , & not the people of HB. Michael Gates just won our city a $5 MILLION settlement for our city! He's the person for the job. LET THE VOTERS DECIDE!!! Sent from Yahoo Mail for Whone SUPPLEMENTAL COMMUNICATION Meeting I?Nte: &/7-12a Agenda item No.: f 22- I/ ) Estanislau, Robin From: Fikes, Cathy Sent: Tuesday,June 7, 2022 2:47 PM To: Agenda Alerts Subject: FW: City Attorney From: Carol Pilgrim <carol.pilgrim@gmail.com> Sent: Monday,June 6, 2022 4:25 PM To: CITY COUNCIL<city.council@surfcity-hb.org> Subject: City Attorney As a long time resident,I am incensed at your attempt to remove my voice as a voter.The taxpayers should have the ability to determine who we will be paying to represent our city. Carol Pilgrim 10392 Samoa Dr,Huntington Beach,Ca 92646 SUPPLEMENTAL COMMUNICATION Mad%[sate: Agenda Item No.-_ Estanislau, Robin From: Fikes, Cathy Sent: Tuesday,June 7, 2022 2:47 PM To: Agenda Alerts Subject: FW: City Attorney -----Original Message----- From: RICHARD HART<rwkkhart@aol.com> Sent: Monday,June 6, 2022 2:39 PM To: CITY COUNCIL<city.council@surfcity-hb.org> Subject: City Attorney Keep the City Attorney an elected position .A majority of this current Council cannot be trusted to vote in other than their own self interest.Vote in the public interest and keep the City Attorney an elected position. Even though some council members may be leaving this year how they vote on this item will follow them. I'll will definitely be keeping score on how each of you vote. Richard Hart 5842 Raphael Dr Huntington Beach 92649 Sent from my Whone SUPPLEMENTAL COMMUNICATION Me eft Nte: 1v/�/2Z / 2-2 - el Agenda Item No. 1 Estanislau, Robin From: Fikes, Cathy Sent: Tuesday,June 7, 2022 2:47 PM To: Agenda Alerts Subject: FW: Proposal to Take Away Voting Rights -----Original Message----- From: Ginny<surfcityginny@gmail.com> Sent: Monday,June 6, 2022 10:46 AM To: CITY COUNCIL<city.council@surfcity-hb.org> Subject: Proposal to Take Away Voting Rights As a long time resident of Huntington Beach, I want to continue to vote for the Huntington Beach City Attorney, Treasurer, and City Clerk. I do not want the City Council to appoint these positions for me or the other residents of Huntington Beach. I am against the planned revision to the City Charter that would change the elected City Attorney, Treasurer,and City Clerk positions to positions appointed by the City Council.The proposal to take away voting rights the people of Huntington Beach have had for decades is not right.We the people want to be involved as much as possible in the functioning of our city.The people need more rights not less. Leave the Charter as is. Virginia Crawford, Involved Citizen Sent from my iPad SUPPLEMENTAL COMMUNICATION ION Meeft Date:__�Y �4 17—/2-2— Agendaa Item No.:__/ C?ZJ i Estanislau, Robin From: Fikes, Cathy Sent: Tuesday,June 7, 2022 2:47 PM To: Agenda Alerts Subject: FW: Changes to City Charter From: Kirk Crawford <kirkc99@gmail.com> Sent: Monday,June 6, 2022 10:21 AM To: CITY COUNCIL<city.council@surfcity-hb.org> Subject: Changes to City Charter I am against the planned revision to the City Charter that would change the elected City Attorney, Treasurer, and Clerk positions to positions appointed by the City Council. As a long time resident of Huntington Beach I want to continue to have input on these 3 positions via popular vote. The proposal to take away voting rights we in this city have had for decades is not right. We the people want to be involved as much as possible in the functioning of our City. The people need more rights not less. Leave the Charter as is. Kirk Crawford SUPPLEMENTAL COMMUNICATION Meeting Date:_...._.,_.— �/ 7-112z Agenda Item No.* � C ZZ `7 i Estanislau, Robin From: Fikes, Cathy Sent: Tuesday,June 7, 2022 2:49 PM To: Agenda Alerts Subject: FW:Voting rights From:1&J RADZAI <radzai@msn.com> Sent: Monday,June 6, 2022 10:11 AM To: CITY COUNCIL<city.council@surfcity-hb.org> Subject:Voting rights Please do not take away our right to vote for city officers, e.g. City Attorney Jack &Jo Ann Radzai Sent from Mail for Windows COMMUNICATION Meefing Agenda Item No. Y„ — �� Estanislau, Robin From: Fikes, Cathy Sent: Tuesday,June 7, 2022 2:49 PM To: Agenda Alerts Subject: FW: City Attorney From:John Kells<jkells@jjjfloorcovering.com> Sent: Monday,June 6, 2022 9:33 AM To:CITY COUNCIL<city.council@surfcity-hb.org> Subject: City Attorney Why are you proposing to change our City's charter? Please explain this to me. This very much sounds like a power play. Please convince me it's not. Thank you John M. Kells-VP JJJ Floor Covering, Inc. 4831-A Passons Blvd Pico Rivera, CA 90660 Ph: (562)692-9008 Ext. 123 Fax: (562)692-5979 SUPPLEMENTAL COMMUNICATION Meeting Date: 11/7�_12z Agenda,Item No..- �2 —Ll�l Estanislau, Robin From: Fikes, Cathy Sent: Tuesday,June 7, 2022 2:49 PM To: Agenda Alerts Subject: FW: Election From: Laurie Virtue<laurie.virtue@gmail.com> Sent: Monday,June 6, 2022 9:30 AM To: CITY COUNCIL<city.council@surfcity-hb.org> Subject: Election Good Morning, I would like to comment on the item up for a vote regarding our city charter and voting on city offices. In my opinion as a resident of Huntington Beach for over 40 years it would be an immense mistake to change the charter and take away the rights of the citizens of Huntington Beach to vote on whom they would like to have as their city attorney. Why all of a sudden should it be up to the city council to make that decision? Why the change? Keep our charter as it is and quit trying to change the will of the citizens of this town. Additionally, I think Michael Gates has done an outstanding job representing this city! Regards Laurie Virtue SUPPLEMENTAL CYNICATION Meeting Coate ��7-Z 2—?— Agenda Item No.: i Estanislau, Robin From: Fikes, Cathy Sent: Tuesday, June 7, 2022 2:49 PM To: Agenda Alerts Subject: FW: City Attorney -----Original Message----- From: Kevin Anderson <kpanderson@socal.rr.com> Sent: Monday,June 6, 2022 8:54 AM To: CITY COUNCIL<city.council@surfcity-hb.org> Subject: City Attorney Let the people of Huntington Beach(the people you serve) elect their own City Attorney. Anyone you appoint, only serves you and your developer donors- not us. Michael Gates just won a $5 million plus settlement for the city, which I'm sure you will all waste on pet projects. Let the voters decide!!!! Sent from my Whone SUPPL�L,.—,— r0MNWNICATION Maelting Dsl L/ Agenda Rem No.: �ZZ - q�. ) 1 Estanislau, Robin From: Fikes, Cathy Sent: Tuesday, June 7, 2022 2:51 PM To: Agenda Alerts Subject: FW: Huntington Beach Charter Review/Recommendations - Absolutely Opposed! From:Ted Ross<tedross 0077@msn.com> Sent: Friday,June 3, 2022 11:13 AM To: CITY COUNCIL<city.council@surfcity-hb.org> Subject: Huntington Beach Charter Review/Recommendations-Absolutely Opposed! Huntington Beach City Council... absolutely oppose any changes to the city charter that take your right to vote for the City Attorney, Clerk and Treasurer Having an independent City Attorney, Clerk and Treasurer ensures that we have a check on the power of the city Council. • I want our city attorney to continue successfully defending the city against lawsuits and the over reach of Gavin Newsom and the state of California The City Attorney has recently recovered over $5 million owed to the city by the state and will possibly get another $20 million in addition Leave our City Charter as written! Sent from my iPhone.........Ted Ross SUPPLEMENTAL COMMUNICATION Agenda Item No.- ( �Z �7L-0)9 1 Estanislau, Robin From: Fikes, Cathy Sent: Tuesday, June 7, 2022 2:51 PM To: Agenda Alerts Subject: FW: Reorganization of staff From:Jon Koskoff<jkoskoff@aol.com> Sent: Friday,June 3, 2022 9:51 AM To: CITY COUNCIL<city.council@surfcity-hb.org> Subject: Reorganization of staff Clearly the controversial reorganization you are proposing and the elimination of our city attorney is of huge concern . It appears on the surface to be an action made out fear rather than one of Thoughtful dialogue. I am concerned that you all appear afraid Why are you afraid? Please grant, say a 60 to 90 day extension on these proposals. We need you all to step up to insure that your proposal is being made in the light of day. Thank you Jon Koskoff JkoskoffCcb_aol.com Huntington Beach resident since 1980 714-514-3230 20831 Hunter Lane SUPPLEMENTAL COMMUNICATION tq Data, �17-121-2 can vividly see that you are actin 2-2 —" ZI �1aan IVY.: pen