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HomeMy WebLinkAboutConsider the Submission of Four Charter Amendment Measures f 2000 Main Street, Huntington Beach, CA 92648 City of Huntington Beachp�V��� 474EAOD ED 7-0 File #: 22-572 MEETING DATE: 7/5/2022 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Al Zelinka, City Manager VIA: Travis K. Hopkins, Assistant City Manager PREPARED BY: Catherine Jun, Assistant to the City Manager Subject: Consider the Submission of Four Charter Amendment Measures for Voter Approval at the November 8, 2022 General Municipal Election, and the adoption of Resolution Nos. 2022-39, 2022-40, 2022-41 and Statement of Issue: On June 21, 2022, the City Council conducted straw votes (all 6-0-1, Peterson absent) to place four Charter amendment ballot measures for voter approval at the November 8, 2022 General Municipal Election. Staff has since prepared ballot language and exhibits for final consideration by the City Council, as well as four resolutions that are needed to place the measures on the ballot: 1. Resolution 2022-39 - Request the County of Orange to consolidate a General Municipal Election with the Statewide General Election on November 8, 2022. 2. Resolution 2022-40 - Call for the General Municipal Election on November 8, 2022; submit four Charter Amendment measures to the voters (and also hold regularly scheduled elections for City Council and City Attorney) during the election. 3. Resolution 2022-41 - Set priorities for writing arguments; direct the City to prepare an impartial analysis for each measure. 4. Resolution 2022-42 - Provide for the filing of rebuttal arguments for each measure. To place measures on the ballot, City Council must approve the ballot measure language and exhibits (as presented in this Request for Council Action) and adopt the four resolutions above. Staff will then supplement these materials by preparing an impartial analyses and by gathering written arguments and rebuttals for submittal to the OC Registrar of Voters (ROV) by their August 12 filing deadline. Financial Impact: The cost to place four measures on the ballot will rely on the number of pages required to present each measure on the ballot at approximately $8,500 for every 2 pages. Given the variability of costs for the 4 ballot measures, the City has set aside up to $200,000 in General Fund business unit 10040101, which is expected to be sufficient. City of Huntington Beach Page 1 of 7 Printed on 6/30/2022 powers LegistarTM File #: 22-572 MEETING DATE: 7/5/2022 Secondary expenses like postage, printing, and cost recovery for the County's Vote Center model are to be determined by the County, but will be included in a separate budget set aside for the City's regularly scheduled elections for City Council and City Attorney. Recommended Action: A) Consider four proposed Charter amendment ballot measures, ballot language and exhibits for placement on the November 8, 2022 General Municipal Election ballot for voter approval; and B) Adopt Resolution No. 2022-39, "A Resolution of the City Council of the City of Huntington Beach, California, Requesting the Board of Supervisors of the County of Orange to Consolidate a General Municipal Election to be Held on November 8, 2022, with the Statewide General Election to be Held on the Date Pursuant to § 10403 of the Elections Code"; and C) Adopt Resolution No. 2022-40, "A Resolution of the City Council of the City of Huntington Beach, California, Calling for the Holding of a General Municipal Election to be Held on Tuesday, November 8, 2022 (1)for the Election of Certain Officers as Required by the Provisions of the Laws of the State of California Relating to Charter Cities and (2)for the Submission to the Voters Questions Relating to City Charter Amendments"; and D) Adopt Resolution No. 2022-41, "A Resolution of the City Council of the City of Huntington Beach, California, Setting Priorities for Filing Written Arguments Regarding City Measures and Impartial Analyses"; and E) Adopt Resolution No. 2022-42, "A Resolution of the City Council of the City of Huntington Beach, California, Providing for the Filing of Rebuttal Arguments for City Measures Submitted at Municipal Elections." Alternative Action(s): Do not approve one or more recommended actions and direct staff accordingly. Analysis: Per Section 804 of the Charter, City Council formed the Charter Revision Committee ("Committee") in August 2021 to review the Charter and propose amendments as needed. The Committee recommended 18 Charter amendments to the City Council during a June 7, 2022 joint study session. Based on the feedback received during the study session, staff, on June 21, recommended placing 13 of the 18 amendments on two separate ballot measures for voter approval during the November General Elections. City Council also deliberated on the Committee's five remaining amendments, as well as five additional ones proposed by City representatives. Following discussion, the City Council conducted straw votes to place 18 proposed Charter amendments across four separate measures on the November ballot for voter approval. Each proposed measure contains one or more Charter amendments that are similar in form or function. Details on each measure are below, along with proposed ballot measure language that will be placed before voters. This language was developed by City staff and Charter Revision Committee Consultant, Dr. Raphael Sonenshein, who previously advised the City's 2010 Charter Committee, as well as other Charter committees in Los Angeles, Anaheim, Glendale, and Burbank. CHARTER AMENDMENT - MEASURE NO. 1: Proposed Ballot Language for Consideration (max 75 words): City of Huntington Beach Page 2 of 7 Printed on 6/30/2022 pcwere934 Legistar- File #: 22-572 MEETING DATE: 7/5/2022 "Shall proposed Charter Amendment No. 1 to: amend outdated YES phrases, syntax, dates, pronouns, titles, and procedures to clarify City processes; permit and exempt from Section 612 the replacement of existing equipment and infrastructure in parks and beaches if it maintains its current use and does not exceed its footprint or height by more than 10%; and require the City to consider Charter reviews at least once every decade following the last review, be approved?" NO A redlined Charter with these proposed amendments will be attached to the ballot measure language (see Exhibit 1) to help voters visualize and better comprehend these changes. Lastly, a detailed list of the proposed Charter amendments in Measure No. 1 is below for reference only. (This list will not be included in the ballot.) CHARTER AMENDMENT -MEASURE NO. 1 # Section Section Title Proposed Amendment 1 300 City Council, Attorney, Cler Update the initial election y and Treasurer. Terms 1966 and 1968) to be mor 2 300 City Council, Attorney, Cler Replace the outdated phra and Treasurer. Terms used phrase "random draw process and timeframe to r positions. 3 303(a) Regular Meetings Add a provision allowing th scheduled meeting when n 303(a) Meetings and Location - Syntax adjustments to clari Regular Meetings Council meetings. 5 303(b) Meetings and Location - Add the use of"current tec 304(a) Special Meetings Quorums distribute meeting notices t Proceedings and Rules of Order 6 303(d) Meetings and Location - Replace the outdated phra Open Meetings commonly used phrase "cl 7 303(c) 400 Various Use gender-neutral terms. (d) 801(e) "person" or the title being r 8 311(d) Various Replace "Director of Finan 601, 604 Financial Officer" to align 9 312(c) Vacancies, Forfeitures and Clarify the pronoun "it" by I Replacement City of Huntington Beach Page 3 of 7 Printed on 6/30/2022 powerey LegistarTM File #: 22-572 MEETING DATE: 7/5/2022 10 612(c) Public Utilities and Parks Add an exemption to the p and Beaches allowing the replacement o without triggering a citywid exceed the current footprin must keep its current use. 11 804 Charter Review Require City Council to co ten years, starting after the Committee, Council or stafl CHARTER AMENDMENT - MEASURE NO. 2: Proposed Ballot Language for Consideration (max 75 words): "Shall proposed Charter Amendment No. 2 to: require City Clerk and Treasurers to meet minimum qualifications at the time of YES fling candidacy; rename Mayor Pro Tempore to Vice Mayor; require at least four votes to fill Council vacancies and limit appointees to serve only until the next municipal election; no longer require City Attorneys to be graduates from law schools only accredited by the American Bar Association; update City Treasurer responsibilities accordingly, be approved?" NO A redlined Charter with these proposed amendments will be attached to the ballot measure language (see Exhibit 2) to help voters visualize and better comprehend these changes. A detailed list of the proposed Charter amendments in Measure No. 2 is below for reference only. (This list will not be included in the ballot.) CHARTER AMENDMENT -MEASURE NO.2 # Section Section Title Proposed Amendment 1 309 City Attorney. Powers and Remove requirement that Art( Duties that is specifically"accredite 2 310 311 City Clerk. Powers &Duties Requires minimum qualificati City Treasurer. Powers& met at the time of filing one's Duties appointment. 3* 306 Mayor Pro Tempore Replace the title "Mayor Pr he community better unde * 311(d) City Treasurer. Powers an The City Treasurer noted t Duties subsection (d) was transfer several years ago, when th from a full-time to part-time removing this responsibility City of Huntington Beach Page 4 of 7 Printed on 6/30/2022 powers Legistar- File #: 22-572 MEETING DATE: 7/5/2022 5* 312(a) 312 Vacancies, Forfeitures and Require at least 4 affirmati (c) Replacement Council vacancy. Establis office until the next general replacement to fill the rem position. * Please note: Amendments No. 3-5 were initially placed in Measure No. 1, which amend and clarifies City processes. However, staff respectfully recommends placing them in Measure No. 2, since they address the roles and responsibilities of elected officials, rather than City processes. This may help voters better comprehend each Measure and their differences. CHARTER AMENDMENT - MEASURE NO. 3: Proposed Ballot Language for Consideration (max 75 words): "Shall proposed Charter Amendment No. 3 to convert the City YES Clerk and City Treasurer from elected to appointed officials as set forth in the proposed measure be approved?" NO A redlined Charter with the proposed amendments will be attached to the ballot measure language (see Exhibit 3) to help voters visualize and better comprehend these changes. A detailed list of the proposed Charter amendment in Measure No. 3 is below for reference only. (This list will not be included in the ballot.) CHARTER AMENDMENT -MEASURE NO.3 # Section Section Title Proposed Amendment 1 300 City Council, Attorney, Clerk Convert the City Clerk and T and Treasurer. Terms CHARTER AMENDMENT - MEASURE NO. 4: Proposed Ballot Language for Consideration (max 75 words): "Shall proposed Charter Amendment No. 4 to: define the Attorney- YES Client relationship between the City Attorney and City, designating the City Council as Client; determine all legal matters to be controlled by the Council and managed by the City Attorney under Council direction; permit the Council to contract with other attorneys if the City Attorney has a conflict of interest; require City Attorney to keep all legal records and comply with requests for information, be approved?" City of Huntington Beach Page 5 of 7 Printed on 6/30/2022 power LegistarTW File #: 22-572 MEETING DATE: 7/5/2022 NO A redlined Charter with these proposed amendments will be attached to the ballot measure language (see Exhibit 4) to help voters visualize and better comprehend these changes. A detailed list of the proposed Charter amendment in Measure No. 4 is on the next page for reference only. (This list will not be included in the ballot.) Please note: following the June 21, 2022 meeting, City Council directed staff to revisit the proposed language in new Charter Section 310(a)(2)(B), which states that the City Council may direct the City Attorney or City Manager to contract with other attorneys to take charge of certain legal matters "(8) in the event that the City Manager recommends to the City Council that a specific matter or transaction requires specialized legal expertise or capacity not available from the City Attorney's Office". With research, staff and consultant determined that this language is not present in other California charter cities with elected city attorneys. As such, staff recommends removing Section 310(a)(2)(B); that change is reflected in Exhibit 4 for Council consideration. CHARTER AMENDMENT -MEASURE NO. 4 # Section Section Title Proposed Amendment 1 304(b) Quorums, Proceedings &Rul Amends Sections 304(b) and 309 310 of Order-Proceedings City clearly establishes the attorne (new Attorney. Powers and Duties Council (client)has control o ection Attorney-Client Relationship City and may contract with of added) including in the event of a co The City Attorney would ma subject to City Council direct including keeping records of with requests for info from th providing advice related to co applicable laws. SUMMARY: City Council may wish to consider and revise as needed the four Charter amendment ballot measures, as well as their respective ballot measure languages and exhibits which would be presented to voters during the November 8, 2022 General Municipal Election. If approved, the City Council would also need to consider adopting the following Resolutions: 1. Resolution 2022-XX - Request the County of Orange to consolidate a General Municipal Election with the Statewide General Election on November 8, 2022. 2. Resolution 2022-XX - Call for the General Municipal Election on November 8, 2022; submit four Charter Amendment measures to the voters (and also hold regularly scheduled elections for City Council and City Attorney) during the election. 3. Resolution 2022-XX - Set priorities for writing arguments; direct the City Attorney's Office and/or the City of Huntington Beach Page 6 of 7 Printed on 6/30/2022 power Legistarl" File #: 22-572 MEETING DATE: 7/5/2022 City Clerk's Office to prepare an impartial analysis for each measure. 4. Resolution 2022-XX - Provide for the filing of rebuttal arguments for each measure. Following adoption, the City would prepare an impartial analysis for each measure and gather arguments and rebuttals - all of which must be submitted to the ROV by their filing deadline of August 12, 2022. Environmental Status: Not applicable. Strategic Plan Goal: Non Applicable -Administrative Item Attachment(s): 1. Exhibits 1-4 Redlined Charter Sections Reflecting Proposed Charter Amendments for Measure Nos. 1- 4 2. Resolution No. 2022-39 3. Resolution No. 2022-40 4. Resolution No. 2022-41 5. Resolution No. 2022-42 City of Huntington Beach Page 7 of 7 Printed on 6/30/2022 powereW Legistar- City Council/ ACTION AGENDA July 5, 2022 Public Financing Authority Approved Items A and C 5-2 (Peterson, Posey-No);Approved Item B 5-2 (Peterson, Posey- No) with six incorporated straw vote motions that addressed items listed as Additional Community Feedback(Medicinal cannabis businesses and customers; Operation Hours; Buffer measurements; Local residency requirement and/or preference; Pre-application requirement to have at least 4 local permits or State licenses, one of which must be retail for retailers for retail applicants; and, Location/Property Requirement) At approximately 11:00 pm, a motion by Kalmick, second Posey to continue the meeting after the hour of 11:00 pm was approved by acclamation. 22. 22-572 Approved placement of three Charter amendment ballot measures for voter approval at the November 8, 2022 General Municipal Election; and, adopted Resolution Nos. 2022-39, 2022-40, 2022-41 and 2022-42 Recommended Action: A) Consider four proposed Charter amendment ballot measures, ballot language and exhibits for placement on the November 8, 2022 General Municipal Election ballot for voter approval; and B) Adopt Resolution No. 2022-39, "A Resolution of the City Council of the City of Huntington Beach, California, Requesting the Board of Supervisors of the County of Orange to Consolidate a General Municipal Election to be Held on November 8, 2022, with the Statewide General Election to be Held on the Date Pursuant to § 10403 of the Elections Code"; and C) Adopt Resolution No. 2022-40, "A Resolution of the City Council of the City of Huntington Beach, California, Calling for the Holding of a General Municipal Election to be Held on Tuesday, November 8, 2022 (1)for the Election of Certain Officers as Required by the Provisions of the Laws of the State of California Relating to Charter Cities and (2) for the Submission to the Voters Questions Relating to City Charter Amendments"; and D) Adopt Resolution No. 2022-41, "A Resolution of the City Council of the City of Huntington Beach, California, Setting Priorities for Filing Written Arguments Regarding City Measures and Impartial Analyses"; and E) Adopt Resolution No. 2022-42, "A Resolution of the City Council of the City of Huntington Beach, California, Providing for the Filing of Rebuttal Arguments for City Measures Submitted at Municipal Elections." Proposed Measure 1 (Alternate A and inclusion of Vice Mayor title change), Measure 2, and Measure 4 approved 6-1 (Peterson-No). Direct Arguments in favor of Measures 1 and 2 to be written by Councilmembers Kalmick and Posey; Direct Argument in opposition to Measures 1 and 2 to be written by Councilmember Peterson; Impartial Analysis on Measures 1 and 2 to be prepared by the City Attorney. Direct Argument in favor of Measure 4 to be written by Councilmembers Bolton and Kalmick; Direct Argument in opposition to Measure 4 to be written by Councilmember Peterson; Impartial Analysis on Measure 4 to be prepared by the City Clerk. Page 7 of 7 City Council/ ACTION AGENDA July 5, 2022 Public Financing Authority Adoption of Resolution Nos. 2022-39, 2022-40, 2022-41 and 2022-42(as amended to reflect approved language and removal of proposed Measure 3) approved 7-0 COUNCILMEMBER COMMENTS (Not Agendized) Comments provided by Carr, Posey, Delgleize, Moser ADJOURNMENT— 11:44 PM The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Tuesday, July 19, 2022, at 4:00 PM in the Civic Center Council Chambers, 2000 Main Street, Huntington Beach, California. INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA AND STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT http://www.huntingtonbeachca.gov Page 8 of 7 Text in blue = proposed additions - Text with = proposed deletions EXHIBIT 1 Charter Amendment Measure No. 1 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. 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 2022, and each fourth year thereafter. Three members of the City Council shall be elected at the general municipal election held in 2024, 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. Consistent with the staggered election process established in the new Charter in 1966 and reaffirmed in 2022, a City Clerk and City Treasurer shall be elected at the general municipal election held in 2024, and each fourth year thereafter. A City Attorney shall be elected in 2022, 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 regular City Council meeting following the certification of the election. Ties in voting among candidates for office shall be settled by random drawing process conducted by the City Manager during the first regular City Council meeting following the certification. 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 303. MEETINGS AND LOCATION. (a) Regular Meetings. The City Council shall hold regular meetings at least twice each month, unless it lacks a quorum or is canceled by the Mayor or a majority of City Council Members, 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.wtd Each re-adjourned meeting shall be a regular meeting for all purposes. ho - If at any time any regular meeting falls on a holiday such regular meeting shall be held on the next business day. 942 Text in blue = proposed additions - Text with = proposed deletions (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, of 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 Tern 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. 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. Section 311. CITY TREASURER. POWERS AND DUTIES. (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. Section 312. VACANCIES, FORFEITURES AND REPLACEMENT. 943 Text in blue = proposed additions - Text with deuble = proposed deletions (c) Replacement. In the event 4 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. Section 400. CITY MANAGER. COMPOSITION, TERM, ELIGIBILITY, REMOVAL. (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 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. 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 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, 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. 944 Text in blue = proposed additions - Text with = proposed deletions Section 612. PUBLIC UTILITIES AND PARKS AND BEACHES. (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; of (6) to renewable energy projects that do not negatively impact recreational opportunities= ; or (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. 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. (g f) "Person" includes firm and corporation. 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. 945 Text in blue = proposed additions - Text with c1n, proposed deletions EXHIBIT 2 Charter Amendment Measure No. 2 Section 306. MAVOR PRO TEAW VICE MAYOR. The City Council shall also designate one of its members as Vice Mayor , who shall serve in such capacity at the pleasure of the City Council. The Vice Mayor shall perform the duties of the Mayor during the Mayor's absence or disability or at the Mayor's request. 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 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: 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: 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: (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. 946 Text in blue = proposed additions - Text with = proposed deletions (do) Perform such other duties consistent with this Charter as may be required by ordinance or resolution of the City Council. (ef) 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 4 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). 947 Text in blue = proposed additions - Text with = proposed deletions EXHIBIT 3 Charter Amendment Measure No. 3 Section 300. CITY COUNCIL AND ATTORNEY, . TERMS. The elective officers of the City shall consist of a City Council of seven members, , Viand 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 Attorney shall be elected in 1966, and each fourth year thereafter. The term of each member of the City Council, 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 Gity ity City Attorney, the City Council shall fill that position by appointment until the next municipal general election in which a qualified candidate is elected. 948 Text in blue = proposed additions - Text with = proposed deletions EXHIBIT 4 Charter Amendment Measure No. 4 Section 304. QUORUMS, PROCEEDINGS AND RULES OF ORDER. (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. 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, except as otherwise provided in this Charter. (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, except as otherwise provided in this Charter. (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, except as otherwise provided in this Charter. 949 Text in blue = proposed additions - Text with = proposed deletions (i) Maintain the records of their office in compliance with all City policies and applicable law, and sgurrender 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, the Municipal Code, and applicable laws to all elected and appointed officials of the City. Section 310. ATTORNEY-CLIENT RELATIONSHIP. (a) Pursuant to the California Rules of Professional Conduct, the civil client of the City Attorney is the municipal corporation, the City of Huntington Beach. The City Council shall have control of all litigation of the City, to the extent that the relationship between attorney and client permits or authorizes such control by the client. The City Attorney shall manage all litigation and legal matters of the City in accordance with this Section, subject to client direction by the City Council, and subject to the City Attorney's duty to act in the best interests of the City and to conform to applicable law and ethical and legal obligations. The City Council shall control the assertion and waiver of the attorney-client privilege. The City Council may direct the City Attorney or the City Manager to contract with other attorneys to take charge of any prosecution, litigation, or other legal matter or business in any of the following circumstances: (1) At the request of the City Attorney; or (2) On its own initiative: (A) in the event of a conflict of interest for the City Attorney or their office under applicable law or the California Rules of Professional Conduct; (B) in the event that a legal matter directly involves or relates to the City Attorney, their office, or staff in a way that is materially different than the impact of the matter on other City Departments. (b) The City Council shall have client control of all legal business and proceedings and all property of the legal department. The City Attorney shall keep records of all actions and proceedings in which the City or any officer, employee, Board, or Commission is an interested party, and copies of all written opinions given by the City Attorney's office. The City Attorney shall comply with all direction and requests for information from members of the City Council and the City Manager, and shall report to the City Council on the status and progress of litigation on a regular basis and upon reasonable request. 950 RESOLUTION NO. 2022-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2022, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO § 10403 OF THE ELECTIONS CODE. WHEREAS, the City Council of the City of Huntington Beach called a General Municipal Election to be held on November 8, 2022, for the purpose of the election of four Members of the City Council, and a City Attorney, each office to be a four year term; and; WHEREAS, the City Council is submitting to the voters three questions relating to amending the City Charter; and WHEREAS,it is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date and that within the City, polling places (vote centers) and election officers of the two elections be the same, and that the county election department of the County of Orange canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of§ 10403 of the Elections Code, the Board of Supervisors of the County of Orange is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 8, 2022,for the purpose of the election of four Members of the City Council, and a City Attorney each office to be a four year term. SECTION 2. That the City Council, pursuant to its constitutional right and authority, does order submitted to the voters at the General Municipal Election the following questions to appear on the ballot as follows: RESOLUTION NO. 2022-39 "Shall proposed Charter Amendment Measure 1 to: amend outdated phrases, syntax, dates, pronouns, titles, and procedures Yes to clarify City processes; exempt from Section 612 replacement of existing equipment and infrastructure if it maintains its current use and does not exceed its footprint or height by more than 10% and construction of restrooms, in parks and beaches; and require the City to consider Charter reviews at least once every decade following the last review, be approved?" No "Shall proposed Charter Amendment Measure 2 to: require City Clerks and City Treasurers to meet minimum qualifications at the Yes time of filing candidacy; require at least four votes to fill Council vacancies and limit appointees to serve only until the next municipal election; no longer require City Attorneys to be graduates from law schools only accredited by the American Bar Association; and update City Treasurer responsibilities accordingly, be approved?" No "Shall proposed Charter Amendment Measure 3 to: define the Attorney-Client relationship between City Attorney and City, designating City Council as Client; determine all legal matters Yes to be controlled by City Council and managed by City Attorney under City Council direction; permit City Council to contract with other attorneys if the City Attorney has a conflict of interest; require City Attorney to keep all legal records and comply with requests for information, be approved?" No SECTION 3. That the proposed measures submitted to the voters are attached to this resolution as Exhibit A. SECTION 4. That the vote requirement for the measure(s)to pass is a majority (50%+1.) of the votes cast. SECTION 5. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 6. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the 2 22-10857/287416 RESOLUTION NO. 2022-39 election, in time, form and manner as required by law. SECTION 7. That the City of Huntington Beach recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs SECTION 8. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the county election department. SECTION 9. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the ay of July, 2022. w Mayor REVIE ND ROVED: j' APPROVED AS TO FORM: City agerY Ci Attorney INITIATED AND APPROVED: Assistant City Manager 3 22-10857/287416 4 -010). 21)z2-X Text in blue = proposed additions - Text with = proposed deletions EXHIBIT A Charter Amendment Measures Charter Amendment Measure No. 1 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. 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 2022, and each fourth year thereafter. Three members of the City Council shall be elected at the general municipal election held in 2024, 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. Consistent with the staggered election process established in the new Charter in 1966 and reaffirmed in 2022,a City Clerk and City Treasurer shall be elected at the general municipal election held in 2024, and each fourth year thereafter. A City Attorney shall be elected in 2022, 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 regular City Council meeting following the certification of the election. Ties in voting among candidates for office shall be settled by tho oastimg 0 random drawing process conducted by the City Manager during the first regular City Council meeting following the certification. 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 303. MEETINGS AND LOCATION. (a) Regular Meetings. The City Council shall hold regular meetings at least twice each month, unless it lacks a quorum or is canceled by the Mayor or a majority of City Council Members, 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. a when se adjotimed Each re-adjourned meeting shall be a regular meeting for all purposes. the hoor-to If at any time any regular meeting falls on a holiday such regular meeting shall be held on the next business day. Text in blue = proposed additions - Text with = proposed deletions (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,of 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 Vice Mayor in the Mayor's absence or by any member of the City Council in the absence of both the Mayor and Vice Mayor R*o=T,@m 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. 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. Section 306. VICE MAYOR. The City Council shall also designate one of its members as Vice Mayor ,who shall serve in such capacity at the pleasure of the City Council. The Vice Mayor shall perform the duties of the Mayor during the Mayor's absence or disability or at the Mayor's request. Text in blue = proposed additions - Text with = proposed deletions Section 311. CITY TREASURER. POWERS AND DUTIES. (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. Section 312. VACANCIES,FORFEITURES AND REPLACEMENT. (c) Replacement. In the event 4 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. Section 400. CITY MANAGER. COMPOSITION,TERM,ELIGIBILITY, REMOVAL. (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 4-is 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. 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 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 Text in blue = proposed additions - Text with = proposed deletions thereof, certified by the City Clerk, shall be filed with the City Manager, Pime`or 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 612. PUBLIC UTILITIES AND PARKS AND BEACHES. (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; �w (6) to renewable energy projects that do not negatively impact recreational opportunities=; (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; or (8) to the construction of restroom facilities. 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. Text in blue = proposed additions - Text with = proposed deletions (g f) 'Person" includes firm and corporation. 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. Text in blue = proposed additions - Text with = proposed deletions Charter Amendment Measure No. 2 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 fteerodit ,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: 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 ..btai ARAi P,514AA 4044444 +'' The City Clerk shall have the power and shall be required to: 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: (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. (do) Perform such other duties consistent with this Charter as may be required by ordinance or resolution of the City Council. (ef) Assist and cooperate with the City Manager consistent with Section 403 of the City Charter. Text in blue = proposed additions - Text with = proposed deletions 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 4 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). Text in blue = proposed additions - Text with = proposed deletions Charter Amendment Measure No. 3 Section 304. QUORUMS,PROCEEDINGS AND RULES OF ORDER. (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. 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, except as otherwise provided in this Charter. (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, except as otherwise provided in this Charter. (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, except as otherwise provided in this Charter. (i) Maintain the records of their office in compliance with all City policies and applicable law, and s&urrender to their successor all books, papers, files, and documents pertaining to the City's affairs. Text in blue = proposed additions - Text with = proposed deletions 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,the Municipal Code, and applicable laws to all elected and appointed officials of the City. Section 310. ATTORNEY-CLIENT RELATIONSHIP. (a) Pursuant to the California Rules of Professional Conduct, the civil client of the City Attorney is the municipal corporation, the City of Huntington Beach. The City Council shall have control of all litigation of the City, to the extent that the relationship between attorney and client permits or authorizes such control by the client. The City Attorney shall manage all litigation and legal matters of the City in accordance with this Section, subject to client direction by the City Council, and subject to the City Attorney's duty to act in the best interests of the City and to conform to applicable law and ethical and legal obligations. The City Council shall control the assertion and waiver of the attorney-client privilege. The City Council may direct the City Attorney or the City Manager to contract with other attorneys to take charge of any prosecution, litigation, or other legal matter or business in any of the following circumstances: (1) At the request of the City Attorney; or (2) On its own initiative: (A) in the event of a conflict of interest for the City Attorney or their office under applicable law or the California Rules of Professional Conduct; (B) in the event that a legal matter directly involves or relates to the City Attorney, their office, or staff in a way that is materially different than the impact of the matter on other City Departments. (b) The City Council shall have client control of all legal business and proceedings and all property of the legal department. The City Attorney shall keep records of all actions and proceedings in which the City or any officer, employee, Board, or Commission is an interested party, and copies of all written opinions given by the City Attorney's office. The City Attorney shall comply with all direction and requests for information from members of the City Council and the City Manager, and shall report to the City Council on the status and progress of litigation on a regular basis and upon reasonable request. Res. No. 2022-39 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a Regular meeting thereof held on July 5, 2022 by the following vote: AYES: Peterson, Bolton, Posey, Delgleize, Carr, Moser, Kalmick NOES: None ABSENT: None RECUSE: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California RESOLUTION NO. 2022-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022, FOR (1) THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO CHARTER CITIES AND (2) FOR THE SUBMISSION TO THE VOTERS THREE QUESTIONS RELATING TO CITY CHARTER AMENDMENTS. WHEREAS, under the provisions of the laws relating to Charter cities in the State of California, a General Municipal Election shall be held on November, 8 2022, for the election of Municipal Officers; and WHEREAS,the City Council also desires to submit to the voters at the General Municipal Election three questions relating to City Charter amendments; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of the laws of the State of California relating to Charter Cities, there is called and ordered to be held in the City of Huntington Beach, California, on Tuesday, November 8, 2022, a General Municipal Election for the purpose of electing four Members of the City Council for the full term of four years; and a City Attorney for the full term of four years. SECTION 2. That the City Council, pursuant to its right and authority, also does order submitted to the voters at the General Municipal Election the following questions: "Shall proposed Charter Amendment Measure 1 to: amend outdated phrases, syntax, dates, pronouns, titles, and procedures to clarify City processes; exempt from Section 612 replacement of existing Yes equipment and infrastructure if it maintains its current use and does not exceed its footprint or height by more than 10% and construction of No restrooms, in parks and beaches; and require the City RESOLUTION NO. 2022-40 to consider Charter reviews at least once every decade following the last review, be approved?" "Shall proposed Charter Amendment Measure 2 to: require City Clerks and City Treasurers to meet minimum qualifications at the time of filing candidacy; require at least four votes to fill Yes Council vacancies and limit appointees to serve only until the next municipal election; no longer require City Attorneys to be graduates from law schools only accredited by the American Bar No Association; and update City Treasurer responsibilities accordingly, be approved?" "Shall proposed Charter Amendment Measure 3 to: define the Attorney-Client relationship between City Attorney and City, designating City Council as Yes Client; determine all legal matters to be controlled by City Council and managed by City Attorney under City Council direction; permit City Council to contract with other attorneys if the City Attorney has a conflict of interest; require City Attorney to keep No all legal records and comply with requests for information, be approved?" SECTION 3. That the proposed complete text of the Charter Amendments submitted to the voters is attached as Exhibit A. SECTION 4. That the vote requirement for the measure(s) to pass is [a majority (50%+1) of the votes cast. SECTION 5. That the ballots to be used at the election shall be in form and content as required by law. SECTION 6. That the City Clerk is authorized, instructed and directed to coordinate with the County of Orange Registrar-Recorder/County Clerk to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 7. That the polls (vote centers) for the election shall be open at seven o'clock a.m. of 2 22-10857/287420 RESOLUTION NO. 2022-40 the day of the election and shall remain open continuously from that time until 8 o'clock p.m. of the same day when the polls(vote centers)shall be closed, pursuant to Election Code § 10242, except as provided in §§ 14212, 14401 of the Elections Code of the State of California. SECTION 8. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 9. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 10. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. SECTION 11. The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the;) day of July, 2022. Mayor %REVIOEDANPPROV �: APPROVED A TO FORM: City Mana r y Attorney INITIATED AND APPROVED: `-Assistant City Mana er g 3 22-10857/287420 kEa)A(D. 2v22- '-!o )P(N'/BJT Text in blue = proposed additions - Text with = proposed deletions EXHIBIT A Charter Amendment Measures Charter Amendment Measure No. 1 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. 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 2022, and each fourth year thereafter. Three members of the City Council shall be elected at the general municipal election held in 2024, 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. Consistent with the staggered election process established in the new Charter in 1966 and reaffirmed in 2022,a City Clerk and City Treasurer shall be elected at the general municipal election held in 2024, and each fourth year thereafter. A City Attorney shall be elected in 2022, 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 regular City Council meeting following the certification of the election. Ties in voting among candidates for office shall be settled by random drawing process conducted by the City Manager during the first regular City Council meeting following the certification. 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 303. MEETINGS AND LOCATION. (a) Regular Meetings. The City Council shall hold regular meetings at least twice each month, unless it lacks a quorum or is canceled by the Mayor or a majority of City Council Members, 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. a "@a s@ djoom@d;Each re-adjourned meeting shall be_a regular meeting for all purposes. Wt If at any time any regular meeting falls on a holiday such regular meeting shall be held on the next business day. Text in blue = proposed additions - Text with = proposed deletions (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,ef 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 Vice Mayor in the Mayor's absence or by any member of the City Council in the absence of both the Mayor and Vice Mayor 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. 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,�W 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. Section 306. VICE MAYOR. The City Council shall also designate one of its members as Vice Mayor ,who shall serve in such capacity at the pleasure of the City Council. The Vice Mayor shall perform the duties of the Mayor during the Mayor's absence or disability or at the Mayor's request. Text in blue = proposed additions - Text with = proposed deletions Section 311. CITY TREASURER. POWERS AND DUTIES. (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. Section 312.VACANCIES,FORFEITURES AND REPLACEMENT. (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. Section 400. CITY MANAGER. COMPOSITION, TERM,ELIGIBILITY, REMOVAL. (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 kis 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. 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 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 Text in blue = proposed additions - Text with = proposed deletions thereof, certified by the City Clerk, shall be filed with the City Manager, 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 612. PUBLIC UTILITIES AND PARKS AND BEACHES. (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; ff (6) to renewable energy projects that do not negatively impact recreational opportunities--.; (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; or (8) to the construction of restroom facilities. 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 singular includes the plural and the plural the singular. Text in blue = proposed additions - Text with = proposed deletions (g f) 'Person" includes firm and corporation. 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. Text in blue = proposed additions - Text with = proposed deletions Charter Amendment Measure No.2 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 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: 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 A ..L` :_ "'s`sh..,.,. ' e ffie The City Clerk shall have the power and shall be required to: 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: (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. r � (do) Perform such other duties consistent with this Charter as may be required by ordinance or resolution of the City Council. (et) Assist and cooperate with the City Manager consistent with Section 403 of the City Charter. Text in blue = proposed additions - Text with = proposed deletions 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 4 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). Text in blue = proposed additions - Text with = proposed deletions Charter Amendment Measure No. 3 Section 304. QUORUMS,PROCEEDINGS AND RULES OF ORDER. (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. 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, except as otherwise provided in this Charter. (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, except as otherwise provided in this Charter. (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, except as otherwise provided in this Charter. (i) Maintain the records of their office in compliance with all City policies and applicable law, and s&urrender to their successor all books,papers, files, and documents pertaining to the City's affairs. Text in blue = proposed additions - Text with = proposed deletions 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,the Municipal Code, and applicable laws to all elected and appointed officials of the City. Section 310. ATTORNEY-CLIENT RELATIONSHIP. (a) Pursuant to the California Rules of Professional Conduct, the civil client of the City Attorney is the municipal corporation,the City of Huntington Beach. The City Council shall have control of all litigation of the City,to the extent that the relationship between attorney and client permits or authorizes such control by the client. The City Attorney shall manage all litigation and legal matters of the City in accordance with this Section,subject to client direction by the City Council, and subject to the City Attorney's duty to act in the best interests of the City and to conform to applicable law and ethical and legal obligations. The City Council shall control the assertion and waiver of the attorney-client privilege. The City Council may direct the City Attorney or the City Manager to contract with other attorneys to take charge of any prosecution, litigation, or other legal matter or business in any of the following circumstances: (1)At the request of the City Attorney; or (2) On its own initiative: (A) in the event of a conflict of interest for the City Attorney or their office under applicable law or the California Rules of Professional Conduct; (B) in the event that a legal matter directly involves or relates to the City Attorney, their office, or staff in a way that is materially different than the impact of the matter on other City Departments. (b) The City Council shall have client control of all legal business and proceedings and all property of the legal department. The City Attorney shall keep records of all actions and proceedings in which the City or any officer, employee, Board, or Commission is an interested party, and copies of all written opinions given by the City Attorney's office. The City Attorney shall comply with all direction and requests for information from members of the City Council and the City Manager, and shall report to the City Council on the status and progress of litigation on a regular basis and upon reasonable request. Res. No. 2022-40 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a Regular meeting thereof held on July 5, 2022 by the following vote: AYES: Peterson, Bolton, Posey, Delgleize, Carr, Moser, Kalmick NOES: None ABSENT: None RECUSE: None r City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California RESOLUTION NO. 2022-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING CITY MEASURES AND IMPARTIAL ANALYSES. WHEREAS, a General Municipal Election is to be held in the City of Huntington Beach, California, on November 8, 2022, at which there will be submitted to the voters three ballot measures related to amendments to the City Charter; and The City Council wishes to authorize arguments in favor of and in opposition to these measures and authorize the preparation of impartial analyses of these measures, NOW, THEREFORE, the City Council of the City of Huntington Beach, California, does hereby resolve, declare, determine and order as follows: SECTION 1. That with respect to the measure entitled: "Shall proposed Charter Amendment Measure 1 to: amend outdated phrases, syntax, dates, pronouns, titles, and YES procedures to clarify City processes; exempt from Section 612 replacement of existing equipment and infrastructure if it maintains its current use and does not exceed its footprint or height by more than 10% and construction of restrooms, in parks and beaches; and require the City to consider Charter reviews at least once every decade following the last review, No be approved?" a. That the City Council authorizes the following member(s) of its body: Dan Kalmick (Councilmember In Favor/Ag4frst) Michael Posey (Councilmember In Favor/AgaiR-A) Erik Peterson (Councilmember der/Against) (Councilmember In Favor/Against) (Councilmember In Favor/Against) RESOLUTION NO. 2022-41 to file a written argument regarding the Measure as specified above in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California and to change the argument until and including the date fixed by the City Clerk after which no arguments for or against the Measure may be submitted to the City Clerk. Said argument to be accompanied by the printed name(s) and signature(s) of the authors(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers. b. That the City Council directs the City Clerk to transmit a copy of the Measure to the City Attorney to prepare an impartial analysis of the Measure not exceeding 500 words showing the effect of the Measure on the existing law and the operation of the Measure. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. C. The analysis shall include a statement indicating the measure was placed on the ballot by the governing body of the city. d. In the event the entire text of the measure is not printed on the ballot, nor in the voter information portion of the voter information guide,there shall be printed immediately below the impartial analysis, in no less than 10-point type, the following: "The above statement is an impartial analysis of Charter Amendment Measure 1. If you desire a copy of the ordinance or measure, please call the election official's office at 714-536-5405 and a copy will be emailed at no cost to you." e. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. 2 22-10875/287421 RESOLUTION NO. 2022-41 SECTION 2. That with respect to the measure entitled: "Shall proposed Charter Amendment Measure 2 to: require City Clerks and City Treasurers to meet minimum qualifications at YES the time of filing candidacy; require at least four votes to fill Council vacancies and limit appointees to serve only until the next municipal election; no longer require City Attorneys to be graduates from law schools only accredited by the American Bar Association; and update City Treasurer responsibilities No accordingly, be approved?" a. That the City Council authorizes the following member(s) of its body: Dan Kalmick (Councilmember In Favor/Against) Michael Pose (Councilmember In Favor/Against) Erik Peterson (Councilmember InTa-Nw/Against) (Councilmember In Favor/Against) (Councilmember In Favor/Against) to file a written argument regarding the Measure as specified above in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California and to change the argument until and including the date fixed by the City Clerk after which no arguments for or against the Measure may be submitted to the City Clerk. Said argument to be accompanied by the printed name(s) and signature(s) of the authors(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers. b. That the City Council directs the City Clerk to transmit a copy of the Measure to the City Attorney to prepare an impartial analysis of the Measure not exceeding 500 words showing the effect of the Measure on the existing law and the operation of the Measure. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. 3 22-10875/287421 RESOLUTION NO. 2022-41 C. The analysis shall include a statement indicating the measure was placed on the ballot by the governing body of the city. d. In the event the entire text of the measure is not printed on the ballot, nor in the voter information portion of the voter information guide, there shall be printed immediately below the impartial analysis, in no less than 10-point type, the following: "The above statement is an impartial analysis of Charter Amendment Measure 2. If you desire a copy of the ordinance or measure, please call the election official's office at 714-536-5405 and a copy will be emailed at no cost to you." e. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. SECTION 3. That with respect to the measure entitled: "Shall proposed Charter Amendment Measure 3 to YES define the Attorney-Client relationship between City Attorney and City designating City Council as Client; determine all legal matters to be controlled by City Council and managed by City Attorney under City Council direction;permit City Council to contract with other attorneys if the City Attorney has a conflict of No interest;require City Attorney to keep all legal records and comply with requests for information, be approved?" a. That the City Council authorizes the following member(s) of its body: Dan Kalmick (Councilmember In Favor/Ag n4) Rhonda Bolton (Councilmember In Favor/Against) Erik Peterson (Councilmember T /Against) (Councilmember In Favor/Against) (Councilmember In Favor/Against) 4 22-10875/287421 RESOLUTION NO. 2022-41 to file a written argument regarding the Measure as specified above in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California and to change the argument until and including the date fixed by the City Clerk after which no arguments for or against the Measure may be submitted to the City Clerk. Said argument to be accompanied by the printed name(s) and signature(s) of the authors(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers. b. That the City Council directs the City Clerk as the city elections official, to prepare an impartial analysis of the Measure not exceeding 500 words showing the effect of the Measure on the existing law and the operation of the Measure. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. C. The analysis shall include a statement indicating the measure was placed on the ballot by the governing body of the city. d. In the event the entire text of the measure is not printed on the ballot, nor in the voter information portion of the voter information guide,there shall be printed immediately below the impartial analysis, in no less than 10-point type, the following: "The above statement is an impartial analysis of Charter Amendment Measure 3. If you desire a copy of the ordinance or measure, please call the election official's office at 714-536-5405 and a copy will be emailed at no cost to you." e. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. SECTION 4. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. 5 22-10875/287421 RESOLUTION NO. 2022-41 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 5 day of July, 2022. Mayor REVIEWED PPROVED: APPROVED AS TO FORM: City Malo,,r `��� _ i Attorney ITIATED AND APPROVED: Assistant City Man ger 6 22-10875/287421 Res. No. 2022-41 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a Regular meeting thereof held on July 5, 2022 by the following vote: AYES: Peterson, Bolton, Posey, Delgleize, Carr, Moser, Kalmick NOES: None ABSENT: None RECUSE: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California RESOLUTION NO. 2022-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS. WHEREAS, § 9282 of the Elections Code of the State of California provides for written arguments to be filed in favor of or against City measures not to exceed 300 words in length; and WHEREAS, § 9285 of the Elections Code of the State of California authorizes the City Council, by majority vote, to adopt provisions to provide for the filing of rebuttal arguments for city measures submitted at municipal elections; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to Section 9285 of the Elections Code of the State of California, when the elections official has selected the arguments for and against each measure (not exceeding 300 words each) which will be printed and distributed to the voters, the elections official shall send a copy of an argument in favor of the proposition to the authors of any argument against the measure and a copy of an argument against the measure to the authors of any argument in favor of the measure immediately upon receiving the arguments. The author or a majority of the authors of an argument relating to a city measure may prepare and submit a rebuttal argument not exceeding 250 words or may authorize in writing any other person or persons to prepare, submit,or sign the rebuttal argument. A rebuttal argument shall not be signed by more than five authors. The rebuttal arguments shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the RESOLUTION NO. 2022-42 name of the organization,and the printed name and signature of at least one of its principal officers, not more than 10 days after the final date for filing direct arguments. The rebuttal arguments shall be accompanied by the Form of Statement To Be Filed By Author(s) of Argument. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut. SECTION 2. That all previous resolutions providing for the filing of rebuttal arguments for city measures are repealed. SECTION 3. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the .��" day of L6-./, 20—,2- Mayor REVIEWED NI),APPROVED: APPROVED AS TO FORM: City M ger fit Attorney �V l ITIATED AND APPROVED: sistant City Manager 2 22-10857/287082 Res. No. 2022-42 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a Regular meeting thereof held on July 5, 2022 by the following vote: AYES: Peterson, Bolton, Posey, Delgleize, Carr, Moser, Kalmick NOES: None ABSENT: None RECUSE: None City Clerk`and ex-officio Clerk of the City Council of the City of Huntington Beach, California 7/5/2022 0 RA Consider Submission of Charter ING ••• \ Amendment i ` Measures • Voter Approval in November • Council • •i � .•Timeline 021 • Charter Revision Committee formed, deliberating in meetings from Dec. 2021 to May 2022. May 12 022 • Committee recommended 18 Charter Amendments to the City Council in their final report. 022 • Committee presented their recommendations to Council during a joint study session. 022 • Council considered Committee & staff recommendations; took straw votes to place 18 amendments on 4 measures. SUPPtEMENIAE COMMUNICATION Meeft Deft: —L�.. 7/5/2022 Next Steps • Deliberate once more on the four ballot measures, including proposed ballot language and exhibits prepared by staff; conduct final votes to place them on the November ballot. • If approved, adopt: 1. Resolution 2022-39 - Request the County to consolidate a General Municipal Election with the Statewide General Election on November 8, 2022. 2. Resolution 2022-40 - Call for the General Municipal Election to vote on the four Charter measures and regularly scheduled elections for elected officials. 3. Resolution 2022-41 - Set priorities for writing arguments; direct the City to prepare an impartial analysis for each measure. 4. Resolution 2022-42 - Provide for the filing of rebuttals for each measure. Charter Amendment — Measure 1 Proposed ballot language for consideration (max 75 words): "Shall proposed Charter Amendment No. 1 to: amend outdated phrases, syntax, dates, pronouns, titles, and YES procedures to clarify City processes; permit and exempt from Section 612 the replacement of existing equipment and infrastructure in parks and beaches if it maintains its current use and does not exceed its footprint or height by more than 10%; and require the City to consider Charter reviews at least once every decade following the last review, be NO approved?" 2 7/5/2022 Charter Amendment - Measure 1 Improve wording, make minor clarifications, and modify administrative processes # Section Section Title Proposed Amendment 1 300 City Council, Update the initial election years for elected officials Attorney, Clerk, (currently 1966 and 1968)to be more contemporary Treasurer. Terms (2022 and 2024). 2 300 City Council, Replace the outdated phrase"casting lots"with the Attorney, Clerk and commonly used phrase "random drawing process" and Treasurer. Terms establish a clearer process and timeframe to resolve ties in voting for elected positions. 3 303(a) Regular Meetings Add a provision allowing the City Council to cancel a regularly scheduled meeting when needed. 4 303(a) Meetings and Syntax adjustments to clarify the process of adjourning Location- Regular City Council meetings. Meetings (Continued on next slide) Charter Amendment - Measure 1 Improve wording, make minor clarifications, and modify administrative processes # Section Section Title Proposed Amendment 5 303(b) Meetings and Location Add the use of"current technology" as one of several -Special Meetings ways to distribute meeting notices to City Council Quorums, Proceedings Members. 304(a) and Rules of Order 6 303(d) Meetings and Replace the outdated phrase"executive sessions"with Location-Open the commonly used phrase"closed sessions". Meetings 303(c), Various Use gender-neutral terms. Replace pronouns like"he" 400(d) with "person"or the title being referred to. 801(e) 8 311(d), Various Replace"Director of Finance"with the updated title of 601, "Chief Financial Officer"to align with the Organizational 604 1 Chart. (Continued on next slide) 3 7/5/2022 Charter Amendment - Measure 1 Improve wording, make minor clarifications, and modify administrative processes # Section Section Title Proposed Amendment 9 312(c) Vacancies, Clarify the pronoun "it" by replacing it with "City Council". Forfeitures and Replacement 10 612(c) Public Utilities and Add an exemption to the provision known as Measure C by Parks and allowing the replacement of existing equipment or Beaches infrastructure without triggering a citywide vote. The replacement must not exceed the current footprint or height by more than 10% and must keep its current use. 11 804 Charter Review Require City Council to consider a Charter review at least every ten years, starting after the last review conducted by a Committee, Council or staff. Charter Amendment - Measure 2 Proposed ballot language for consideration (max 75 words): "Shall proposed Charter Amendment No. 2 to: require City Clerks and Treasurers to meet minimum qualifications at the YES time of filing candidacy; rename Mayor Pro Tempore to Vice Mayor; require at least four votes to fill Council vacancies and limit appointees to serve only until the next municipal election; no longer require City Attorneys to be graduates from law schools only accredited by the American Bar Association; NO update City Treasurer responsibilities accordingly, be approved?" 4 7/5/2022 Charter Amendment - Measure 2 Clarify roles and responsibilities of elected officials Proposed# Section Section Title 1 309 City Attorney. Remove requirement that Attorney must be a graduate of a Powers and Duties law school that is specifically"accredited by the American Bar Association". 2 310 City Clerk. Powers Requires minimum qualifications for the Clerk and Treasurer & Duties to be met at the time of filing one's candidacy for election or application for appointment. 311 City Treasurer. Powers& Duties 3 306 Mayor Pro Replace the title"Mayor Pro Tempore"with "Vice Mayor"to Tempore help the community better understand the function of this role. (Continued on next slide) Charter Amendment - Measure 2 Clarify roles and responsibilities of elected officials Proposed# Section Section Title 4 311(d) City Treasurer. The City Treasurer noted that the responsibility listed under Powers and Duties subsection (d)was transferred to the Finance Department several years ago, when the City Treasurer role transitioned from a full-time to part-time position. The Treasurer suggests removing this responsibility from her list of duties. 5 312(a) Vacancies, Require at least 4 affirmative votes for City Council to fill a 312(c) Forfeitures and Council vacancy. Establish that appointees may only hold Replacement office until the next general municipal election to vote in a replacement to fill the remainder of the unexpired term for that position. 5 7/5/2022 Charter Amendment - Measure 3 Proposed ballot language for consideration (max 75 words): "Shall proposed Charter Amendment No. 3 to convert the City YES Clerk and City Treasurer from elected to appointed officials as set forth in the proposed measure be approved?" NO Charter Amendment - Measure 3 City Clerk and City Treasurer Appointment # Section Section Title Recommendation 1 300 City Council, Convert the City Clerk and Treasurer from elected to Attorney, Clerk and appointed roles. Treasurer. Terms 6 7/5/2022 Charter Amendment — Measure 4 Proposed ballot language for consideration (max 75 words): "Shall proposed Charter Amendment No. 4 to: define the Attorney-Client relationship between the City Attorney and City, YES designating the City Council as Client; determine all legal matters to be controlled by the Council and managed by the City Attorney under Council direction; permit the Council to contract with other attorneys if the City Attorney has a conflict of interest; require City Attorney to keep all legal records and NO comply with requests for information, be approved?" Charter Amendment — Measure 4 City Attorney Roles and Responsibilities # Section Section Title Proposed Amendment 1 304(b) Quorums, Proceedings Amends Sections 304(b) and 309 and adds a new & Rules of Order— Section 310 that clearly establishes the attorney-client Proceedings relationship, in which the City Council (client) has control over all litigation and legal business of the City 309 City Attorney. Powers and may contract with other attorneys in certain and Duties circumstances including in the event of a conflict of interest for the City Attorney. 310 Attorney-Client The City Attorney would manage all legal matters and (new Relationship litigation, subject to City Council direction and will follow section certain procedures including keeping records of all added) actions and proceedings, complying with requests for info from the Council and City Manager, and providing advice related to compliance with the Charter, HBMC and applicable laws. 7 7/5/2022 Next Steps Jul. 5, 2022 CityCouncil to conduct vote • submit measures to voters this November. If approved, prepare impartial Ju1y2022arguments • -•uttals • -ach measure. gather Aug. 12, 2022 Countydeadline • submit all ballot lan• .•- . • materials to the Registrar of • - Nov. 8, 2022 - General Municipal Election Recommended Actions 1. Consider the proposed Charter amendment measures, ballot language and exhibits for placement on the November General Municipal Election ballot for voter approval; and 2. Adopt Resolution 2022-39 - Request the County of Orange to consolidate a General Municipal Election with the Statewide General Election on November 8, 2022; and 3. Adopt Resolution 2022-40—Call for the General Municipal Election on November 8, 2022; submit four Charter Amendment measures to the voters (and also hold regularly scheduled elections for City Council and City Attorney) during the election; and 4. Adopt Resolution 2022-41 -Set priorities for writing arguments; direct the City Attorney's Office and/or the City Clerk's Office to prepare an impartial analysis for each measure; and 5. Adopt Resolution 2022-42 - Provide for the filing of rebuttal arguments 8 RESOLUTION NO. 2022-39 A RESOLUTION OF THE CITY COUNCIL OF THE .;,+CITY OF HUNTINGTON BEACH, CALIFORNIA, REQUESTING THEyl�OARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON.NOVEMBER 8, 2022, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO § 10403 OF THE ELECTIONS CODE. WHEREAS, the City Council of the City of Huntington Beach called a General Municipal Election to be held on November 8, 2022, for the purpose of the election of four Members of the City Council, and City Attorney, each,office to be a four year term; and; WHEREAS, the City Council is submitting to the voters four questions relating to amending the City Charter; and f• WHEREAS, it is desirable that the General municipal election be consolidated with the r Statewide General election to be held on the same date and that within the City, polling places (vote centers) and election officers ©fthe two elections be the same, and that the county election department of the County of Orafnge canvass the returns of the General Municipal Election and that the election be held in al espects as if there were only one election; NOW, THERE ORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DOES RE SO E, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTIOl 1. That pursuant to the requirements of § 10403 of the Elections Code, the Board of Supervisors of the County of Orange is hereby requested to consent and agree to the consolidation ©Af a General Municipal Election with the Statewide General election on Tuesday, November 8/, 2022, for the purpose of the election of four Members of the City Council, and the City Atto' ey each office to be a four year term. SECTION 2. That the City Council, pursuant to its constitutional right and authority, Zppdoe order submitted to the voters at the General Municipal Election the following questions to ar on the ballot as follows: w". RESOLUTION NO.2022-39 "Shall proposed Charter Amendment No. 1 to: amend outdated phrases, syntax, dates, pronouns, titles, and procedures to clarify Yes City processes; permit and exempt from Section 612 the replacement of existing equipment and infrastructure in parks and beaches if it maintains its current use and does not exceed its footprint or height by more than 10%; and require the City to consider Charter reviews at least once every decade following the, last review, be approved?" No "Shall proposed Charter Amendment No. 2 to: require City Clerks and Treasurers to meet minimum qualifications at the time Yes of filing candidacy; rename Mayor Pro Tempore to Vice Mayor; require at least four votes to fill Council vacancies and limit appointees to serve only until the next municipal election; no longer require City Attorneys to be graduates from law schools only accredited by the American Bar Association; update City Treasurer responsibilities accordingly, be approved?" No F^ f "Shall proposed Charter Amendment,No. 3 to convert the City Yes Clerk and City Treasurer from elected to appointed officials as il set forth in the proposed measure be approved?" s No i i� "Shall proposed Charter Amendment No. 4 to: define the Attorney-Client relationship between the City Attorney and City, designating the City'Council as Client; determine all legal Yes matters to be controlled'by the Council and managed by the City Attorney under CounXil direction; permit the Council to contract with other attorney cif the City Attorney has a conflict of interest; require Cily Attorney to keep all legal records and comply with requests for information, be approved?" No l SECTION 3. That the proposed measures submitted to the voters are attached to this resolution as Exhibit A. / SECTION 4. That the vote requirement for the measure(s) to pass is a majority (50%+1) of the votes cast. SECTION 5. That in all particulars not recited in this resolution, the election shall be 2 22-10857/287084 .✓r RESOLUTION NO. 2022-39 held and conducted as provided by law for holding municipal elections. SECTION 6. That notice of the time and place of holding the election,is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 7. That the City of Huntington Beach recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs SECTION 8. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the county election department. SECTION 9. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on , 2022. Mayor REVIEWED AND APPROVED: APPROVED AS TO FORM: City Manager Ci Attorney INITIATED AND APPROVED: L�--- Assistant City Mana er 3 22-10857/287084 Aso A//). 2vz2-ya Lkh/'!y!f A' Text in blue = proposed additions - Text with = proposed deletions EXHIBIT A Charter Amendment Measures Charter Amendment Measure No.,f Section 300. CITY COUNCIL,ATTORNEY, CLERK AND TJEASURER. 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 unt '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 they respective terms and until their successors are elected and qualified. Consistent with the staggered klection process established in the new Charter in 1966 and reaffirmed in 2022, four members of City Council shall be elected at the general municipal election held in 2022, and each fog firth year thereafter. Three members of the City Council shall be elected at the general municipal election held in 42024, 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 membe 'for more than two years of a term to which some other person was elected a member shall be elecd to the City Council more than one further consecutive term. Subject to the provisions of this C er, the City Clerk, City Treasurer and City Attorney in office at the time this Charter takes effect sh continue in office until the expiration of their respective terms and the qualification of their success s. Consistent with the staggered election process established in the new Charter in 1966 and rea armed in 2022, a City Clerk and City Treasurer shall be elected at the general municipal election he in 2024, and each fourth year thereafter. A City Attorney shall be elected in 2022, and ea fourth year thereafter. The term of each member o e City Council, the City Clerk, the City Treasurer and the City Attorney shall commence on the fir regular City Council meeting following the certification of the election. Ties in voting a ong candidates for office shall be settled by the easting random drawing process coed cted by the City Manager during the first regular City Council meeting following the certific tion. If no candidate me s the qualifications for office of the City Clerk, City Treasurer, or City Attorney,the City Council sha fill that position by appointment until the next municipal general election in which a qualified candi to is elected. Section 30 . MEETINGS AND LOCATION. Regular Meetings. The City Council shall hold regular meetings at least twice each month unless it lacks a quorum or is canceled by the Mayor or a majority of City Council Me ers, at such time as it shall fix by ordinance or resolution and may adjourn any re lar meeting to a date and hour certain which shall be specified in the order of adjournment. oad Each re-adjourned meeting shall be a regular meeting for all purposes. T�`h-o L a"" If at any time any regular meeting falls on a holiday such regular meeting shall be held on the next business day. Text in blue = proposed additions - Text with = proposed deletions (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,Of 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.jf any person entitled to such written notice files a written waiver of notice with the City Clerk, it maybe dispensed with. This notice requirement shall be considered fulfilled as to any person who..i's 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 mee ' called as provided in this section with les9sihan twenty-four hours written notice by the ay_ProS�. 'n or's absence or by any member of the City Council in the absence of both the Mayor and ayor Pro T ovided that the nature o�'`the emergency is set forth in the minutes of the meeting. r (c) Place of Meetings. All regular neetings 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 (d) Open Meetings. All y6gular 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. i� Section 304. QUORUM% PROCEEDINGS AND RULES OF ORDER. (a) Quoruii. A majority of the members of the City Council shall constitute a quorum to do business but a lesser,,{Zumber may adjourn from time to time. In the absence of all the members of the City Council from,�ny regular meeting or adjourned regular meeting, the City Clerk may declare the same adjourned tp a stated day and hour. The City Clerk shall cause written notice of a meeting adjourned by legs 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 fo�dispensing with notice of special meetings of the City Council. Section 306. VICE MAYOR. The City Council shall also designate one of its members as Vice Mayor , who shall serve in such capacity at the pleasure of the City Council. The Vice Mayor Pro Temp shall perform the duties of the Mayor during the Mayor's absence or disability or at the Mayor's request. Text in blue = proposed additions - Text with = proposed deletions Section 311. CITY TREASURER. POWERS AND DUTIES. (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. Section 312. VACANCIES, FORFEITURES AND REPLACEMENT. (c) Replacement. In the event 4 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. Section 400. CITY MANAGER. COMPOSITION, TERM,ELIGIBILITY,REMOVAL. (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 anOe 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 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 ar}d the City Manager to present to each other and to the public all pertinent facts prior to the final action,Of removal. F Section 601. �AL BUDGET,PREPARATION BY THE CITY MANAGER. At such date as the City Manage shall determine, each board or commission and each department head shall furnish to the City Mang,personally, or through the ' Chief Financial Officer, estimates of the departme 's,board's or commission's revenue and expenditures for the ensuing fiscal year, detailed in such marper as may be prescribed by the City Manager. In preparing the proposed budget, the City Manager all review the estimates, hold conferences thereon with the respective department heads, /boarrdscommissions as necessary, and may revise the estimates as may be deemed advisable. 04. ANNUAL BUDGET. FURTHER CONSIDERATION AND ADOPTION. At the n of the public hearing the City Council shall further consider the proposed budget and make ons thereof that it may deem advisable and on or before the last day of the fiscal year it shall p 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 Text in blue = proposed additions - Text with = proposed deletions thereof, certified by the City Clerk, shall be filed with the City Manager, 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 612. PUBLIC UTILITIES AND PARKS AND BEACHES. (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 parry 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;of (6) to renewable energy projects that do not negatively impact recreational opportunities.; (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 curren se; or (8) to the construction of restroom facilities. i Section 801. DEFINITIONS. Unless the provisions or the context otherwise requires, as used in this Charter: i (a) "ShaT 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. /+ 6�FF6�EFff�FEFFb�- Yb �tiYtt txxc xcxxaxaxxo xxxvxcc (fie) The singular includes the plural and the plural the singular. Text in blue = proposed additions - Text with g1g, proposed deletions (g f) "Person" includes firm and corporation. 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. i r f Text in blue = proposed additions - Text with = proposed deletions Charter Amendment Measure No. 2 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 bean 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: 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 --'-`- '.L �-` ��+ 4L;3* t''a F_..i iLvpp The City Clerk shall have the power and shall be require4,fo: 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 accountEm ; 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 po er and shall be required to: (a) Receive on behalf Wthe City all taxes, assessments, license fees and other revenues of the City, or for the collection of nch the City is responsible, and receive all taxes or other money receivable by the City from the- ounty, State or Federal governments, or from any court, or from any office, department or agency,�f the City. (b) Have and kefp custody of all public funds belonging to or under control of the City or any office, department or,' ency 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. ' i ( ) Perform such other duties consistent with this Charter as may be required by ordinance or resoluti of the City Council. (ef) Assist and cooperate with the City Manager consistent with Section 403 of the City Cha r. Text in blue = proposed additions - Text with cin, = proposed deletions 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 otl &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 i absent from all regular meetings of the City Council for a period of thirty consecutive days from d 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 p ads guilty or no contest to or is convicted of a felony or any crime of moral turpitude, or ceases to an elector of the City, the office shall become vacant. The City Council shall declare the existent of such vacancy. Any elective officer of the City who shall accept or retain any other elective pub 'c office, except as provided in this Charter, shall be deemed thereby to have vacated the office and 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 r the remainder of the unexpired term. If the City Council fills the vacancy by appointment,:sh appointee shall hold office until an election to fill the remainder of the unexpired termthe next general municipal election. Should the appointment occur after the filing deadline f the next general municipal election, the seat shall be deemed vacant upon the certification the general municipal election, and the vacancy shall be filled in accordance with Sections 31 a) and 312(c). i i I 1 i i i i Text in blue = proposed additions - Text with = proposed deletions Charter Amendment Measure No. 3 Section 304. QUORUMS, PROCEEDINGS AND RULES OF ORDER. (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,f 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„br 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. take, ehafg May RAWT=Apt CAI; i' 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, except as otherwise provided in this Charter. (b) Prosecute on behalf of tho`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, except as otherwise provided in this Charter. (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, except as otherwise provided in this Charter. (i) Maintain the records of their office in compliance with all City policies and applicable law, and sgurrender to their successor all books, papers, files, and documents pertaining to the City's affairs. Text in blue = proposed additions - Text with = proposed deletions (j) 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, the Municipal Code, and applicable laws to all elected and appointed officials of the City. Section 310. ATTORNEY-CLIENT RELATIONSHIP. (a) Pursuant to the California Rules of Professional Conduct, the civil client of the City Attorney is the municipal corporation, the City of Huntington Beach. The City Council shall have control of all litigation of the City, to the extent that the relationship between attorney and client permits or authorizes such control by the client. The City Attorney shall manage all litigation and legal matters of the City in accordance with this Section, subject to client direction by the City Council, and subject to the City Attorney's duty to act in the best interests of the City and to conform to applicable law and ethical and legal obligations. The City Council shall control the assertion and waiver of the attorney-client privilege. The City Council may direct the City Attorney or the City Manager to contract with other attorneys to take charge of any prosecution, litigation, or other legal matter or business in any of the following circumstances: (1) At the request of the City Attorney; or (2) On its own initiative: (A) in the event of a conflict of interest for the City Attorney or their office under applicable law or the California Rules of Professional Conduct; (B) in the event that a legal matter directly involves or relates to the City Attorney, their office, or staff in a way that is materially different than the impact of the matter on other City Departments. (b) The City Council shall have client control of all legal business and proceedings and all property of the legal department. The City Attorney shall keep records of all actions and proceedings in which the City or any officer, employee, Board, or Commission is an interested party, and copies of all written opinions given by the City Attorney's office. The City Attorney shall comply with all direction and requests for information from members of the City Council and the City Manager, and shall report to the City Council on the status and progress of litigation on a regular basis and upon reasonable request. J , Text in blue = proposed additions - Text with = proposed deletions EXHIBIT A Charter Amendment Measures Charter Amendment Measure No. 1 Section 300. CITY COUNCIL,ATTORNEY, CLERK AND TREAS RER. TERMS. The elective officers of the City shall consist of a City Council of seven members, City Clerk, a City Treasurer and a City Attorney, all to be elected from the City at large at the times d in the manner provided in this Charter and who shall serve for terms of four years and until their espective 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 resp ctive terms and until their successors are elected and qualified. Consistent with the staggered elect' n process established in the new Charter in 1966 and reaffirmed in 2022, four members of the Ci Council shall be elected at the general municipal election held in 2022, and each fourth y ar thereafter. Three members of the City Council shall be elected at the general municipal elec ' n held in 2024, and each fourth year thereafter.No person shall be elected as a member the City Council for more than two consecutive terms and no person who has been a member for ore than two years of a term to which some other person was elected a member shall be elected to e City Council more than one further consecutive term. Subject to the provisions of this Charter e City Clerk, City Treasurer and City Attorney in office at the time this Charter takes effect shall co nue in office until the expiration of their respective terms and the qualification of their successors. C nsistent with the staggered election process established in the new Charter in 1966 and reaffirm in 2022, a City Clerk and City Treasurer shall be elected at the general municipal election held in 2024, and each fourth year thereafter. A City Attorney shall be elected in 2022, and each fo h year thereafter. The term of each member of the ty Council,the City Clerk,the City Treasurer and the City Attorney shall commence on the first regular City Council meeting following the certification of the election. Ties in voting anion candidates for office shall be settled by random drawing process conducte y the City Manager during the first regular City Council meeting following the certificati0 . If no candidate meets t qualifications for office of the City Clerk, City Treasurer, or City Attorney,the City Council shall fill at position by appointment until the next municipal general election in which a qualified candidate ' elected. Section 303. ETINGS AND LOCATION. (a) Regular Meetings. The City Council shall hold regular meetings at least twice each month, un ss it lacks a quorum or is canceled by the Mayor or a majority of City Council Member ,at such time as it shall fix by ordinance or resolution and may adjourn - any regular eeting to a date and hour certain which shall be specified in the order of adjournment.md Each re-adjourned meeting shall be a regular meeting for all purposes. 19th@ hour to If at any time any regular meeting falls on a holiday such regular ni eting shall be held on the next business day. Text in blue = proposed additions - Text with rAn,ihla cirolcin n, fc = proposed deletions (b) Special Meetings. A special meeting may be called at any time by the Ma r, or by a majority of the members of the City Council, by written notice or current technology each member of the City Council and to each local newspaper of general circulation, radio or teled ion station requesting notice in writing. Such notice must be delivered personally,e€by mail by current technology at least twenty-four hours before the time of such meeting as specif d in the notice. The call and notice shall specify the time and place of the special meeting d the business to be transacted. No other business shall be considered at such meeting. If any erson entitled to such written notice files a written waiver of notice with the City Clerk, it may be di ensed with. This notice requirement shall be considered fulfilled as to any person who is ac ally present at the meeting at the time it convenes. In the event of an emergency affecting the publi peace, health or safety, a special meetin called as provided in this section with less than enty-four hours written notice by the Ma or or's absence or by any member of e City Council in the absence of both the Mayor and MUor Pro Te rovided that the nature of the ergency is set forth in the minutes of the meeting. (c) Place of Meetings. All regular meeti s shall be held in the Council Chambers of the City or in such place within the City to which any s ch meeting may be adjourned. If, by reason of fire, flood or other emergency, it shall be unsafe to in t in the place designated, the meetings may be held for the duration of the emergency at such place ithin the City as is designated by the Mayor, or, if 1w the Mayor should fail to act,by a majority o he members of the City Council. (d) Open Meetings. All regul and special meetings of the City Council shall be open and public, and all persons shall be permitte to attend such meetings, except that the provisions of this section shall not apply to cl ed sessions. Subject to the rules governing the conduct of City Council meetings, no person shall b denied the right to be heard by the City Council. Section 304. QUORUMS,P CEEDINGS AND RULES OF ORDER. (a) Quorum. ajority of the members of the City Council shall constitute a quorum to do business but a lesser n er may adjourn from time to time. In the absence of all the members of the City Council from any gular meeting or adjourned regular meeting, the City Clerk may declare the same adjourned to a s ted day and hour. The City Clerk shall cause written notice of a meeting adjourned by less a quorum or by the City Clerk to be delivered personally,ef by mail or by current technolo to each Council member at least twenty-four hours before the time to which the meeting is adjo ed, or such notice may be dispensed with in the same manner as specified in this Charter for dis ensing with notice of special meetings of the City Council. Section 1. CITY TREASURER. POWERS AND DUTIES. (d) Prepare and submit to the Chief Financial Officer monthly written rep s of all receipts, disbursements and fund balances, and shall file copies of such reports with the C. Manager and City Council. Text in blue = proposed additions - Text with = proposed deletions Section 312. VACANCIES,FORFEITURES AND REPLACEMENT. (c) Replacement. In the event 4 the City Council shall fail to fill a vacanc y appointment within sixty days after such office shall become vacant,the City Council shall forth th cause an election to be held to fill such vacancy for the remainder of the unexpired term. Section 400. CITY MANAGER. COMPOSITION,TERM,ELIGIBIL Y,REMOVAL. (d) Removal. The City Manager shall not be removed fro office during or within a period of ninety days next succeeding any municipal election at which a m ber of the City Council is elected. At any other time the City Manager may be removed only at a re ar meeting of the City Council and upon the affirmative vote of a majority of the members of the C' Council. At least thirty days prior to the effective date of removal,the City Manager shall be furni ed with a written notice stating the Council's intentions and, if requested by the City Manager, a reasons therefor. Within seven days after receipt of such notice,the City Manager may by written tification to the City Clerk request a public hearing before the City Council, in which event the Co cil shall fix a time for a public hearing which shall be held at its regular meeting place before the a .ration of the thirty-day period above referred to. The City Manager shall appear and be heard at sue earing. After furnishing the City Manager with written notice of the intended removal,the City C uncil may suspend the City Manager from duty, but 149 the City Manager's compensation shall co inue until removal as herein provided. In removing the City Manager,the City Council shall use its controlled discretion and its action shall be final and shall not depend upon any particular showing or gree of proof at the hearing, the purpose of which is to allow the City Council and the City Mana er to present to each other and to the public all pertinent facts prior to the final action of removal. Section 601.ANNUAL BUDGE ,PREPARATION BY THE CITY MANAGER. At such date as the City Manager shall determin , each board or commission and each department head shall furnish to the City Manager,personally, through the Chief Financial Officer, estimates of the department's, board's or c mmission's revenue and expenditures for the ensuing fiscal year, detailed in such manner as may be p escribed by the City Manager. In preparing the proposed budget,the City Manager shall review the stimates,hold conferences thereon with the respective department heads, boards or commissions necessary, and may revise the estimates as may be deemed advisable. Section 604. ANN AL BUDGET. FURTHER CONSIDERATION AND ADOPTION. At the conclusion of the ublic hearing the City Council shall further consider the proposed budget and make any revisions t reof that it may deem advisable and on or before the last day of the fiscal year it shall adopt the bud et with revisions, if any,by the affirmative vote of at least a majority of the total members of the Coun 11. Upon final adoption,the budget shall be in effect for the ensuing fiscal year. Copies thereof, c ified by the City Clerk, shall be filed with the City Manager, Chief Financi Officer, City Treasurer and the person retained by the City Council to perform the post audit functi , and a further copy shall be placed, and shall remain on file in the office of the City Clerk whe it shall be available for public inspection. The budget so certified shall be reproduced and copies in e available for the use of the public and of departments, offices and agencies of the City. Text in blue = proposed additions - Text with doubke stril proposed deletions Section 612. PUBLIC UTILITIES AND PARKS AND BEACHES. (c) Section 612(a) and 612(b) shall not apply; (1) to libraries or piers; (2) to any lease, franchise, concession agreement or other contra where; - the contract is to perform an act or provide a service in a blic park or beach AND - such act was being performed or service provided at a same location prior to January 1, 1989 AND - the proposed lease, franchise, concession agree nt or other contract would not increase the amount of parkland or beach dedi ted to or used by the parry performing such act or providing such servi . (3) to above ground public works utility struc s under 3,000 square feet; (4) to underground public works utility struc es if park or beach use is not impeded; (5) to any public works construction, maint ance or repair mandated by state or federal law that does not negatively i act recreational opportunities;of (6) to renewable energy projects that do of negatively impact recreational opportunities--. ; or (7) to the replacement of existing uipment or infrastructure that does not exceed its current footprint or height by more than 10% and also maintains its current use. Section 801. DEFINITIONS. Unless the pro isions or the context otherwise requires, as used in this Charter: (a) "Shall" is mandatory, an 'may" is permissive. (b) "City" is the City of tington Beach and "department," "board," "commission," "agency," "officer," r "employee" is a department, board, commission, agency, officer or employee, as the se may be, of the City of Huntington Beach. (c) "County" is County of Orange. (d) "State" is a State of California. mine And (1 e) Th singular includes the plural and the plural the singular. (g f) erson" includes firm and corporation. Section 4. CHARTER REVIEW. The City Council shall determine if there is a need to convene a citizen' 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 7C mmission, City Council, or City staff. Text in blue = proposed additions - Text with = proposed deletions Charter Amendment Measure No. 2 Section 306. MAVOR ROTEMPORR VICE MAYOR. The City Council shall also designate one of its members as Vice Mayor Pro Tompor ,who shall serve in such capacity at the pleasure of the City Council. The Vice Mayor Pro Tomp shall perfor /and ies of the Mayor wring the Mayor's absence or disability or at the Mayor's request. Section 309. CITY ATTORNEY. POWERS ANDS. To b ome and remain eligible for City Attorney the person elected or appointed shall have fro law school a � be an attorney at law, dud a such under the laws of the State of California, shall have been engaged in the practice oh' State for at least five years prior to their election or appointment. The City Attorney shall haver and may be required to: Section 310. CITY CLERK. POWERS AND DUT become and remain eligible for City Clerk, the person elected or appointed shall, at the time ofe'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 a required to: Section 311. CITY TREASURER POWERS AND DUTIES. To become and remain eligible for City Treasurer,the person elected or appoi d shall, at the time of filing one's candidacy for election or application for appointment,have minimum of five years of financial and/or treasury experience, and have either: A Master's Degree in acc nting, finance, business, or public administration; or A Bachelor's Degree in ccounting, finance,business, or public administration with certification by the California Municipal T easurer's Association, or their successor, within three years of election or appointment. The City Treasurer shall h e the power and shall be required to: (a) Receive behalf of the City all taxes, assessments, license fees and other revenues of the City, or for the coil ction of which the City is responsible, and receive all taxes or other money receivable by the Ci from the County, State or Federal governments, or from any court, or from any office, department agency of the City. (b) H e and keep custody of all public funds belonging to or under control of the City or any office, depa ent or agency of the City government and deposit or cause to be deposited all funds coming into t it 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. Text in blue = proposed additions - Text with = proposed deletions (do) Perform such other duties consistent with this Charter as may be require y ordinance or resolution of the City Council. (e4) Assist and cooperate with the City Manager consistent with Section 3 of the City Charter. The City Treasurer may, subject to the approval of the City Council, appoint s deputy or deputies to assist them or act for them, at such salaries or compensation as the Council y by ordinance or resolution prescribe. Section 312. VACANCIES, FORFEITURES AND REPLACEM T. (a) Vacancies. A vacancy in the City Council or in other office designated as elective by this Charter, from whatever cause arising, shall be filled by ap ointment by the City Council with at least four affirmative votes. (b) Forfeiture. If a member of the City Co it is absent from all regular meetings of the City Council for a period of thirty consecutive days fr and after the last regular City Council meeting attended by such member,unless by permission of t City Council expressed in its official minutes,the office shall become vacant. If an elected City offi r pleads guilty or no contest to or is convicted of a felony or any crime of moral turpitude, or cease o be an elector of the City, the office shall become vacant. The City Council shall declare the exis nce 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 4 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). Text in blue = proposed additions - Text with c1n, proposed deletion Charter Amendment Measure No. 3 Section 300. CITY COUNCIL AND ATTORNEY, . TERMS. The elective officers of the City shall consist of a City Council of seven members, , and a City Attorney, all to be elected from the City at large at the tim and in the manner provided in this Charter and who shall serve for terms of four years and until eir respective successors qualify. Subject to the provisions of this Charter, the members of the City ouncil in office at the time this Charter takes effect shall continue in office until the expiration of th r respective terms and until their successors are elected and qualified. Four members of the City C uncil shall be elected at the general municipal election held in 1966, and each fourth year therea er. Three members of the City Council shall be elected at the general municipal election held in 68, and each fourth year thereafter. No person shall be elected as a member of the City Council for ore than two consecutive terms and no person who has been a member for more than two years of a t to which some other person was elected a member shall be elected to the City Council more an one further consecutive term. Subject to the provisions of this Charter,the City Clerk, City Treasu r and City Attorney in office at the time this Charter takes effect shall continue in office until the ex 'ration of their respective terms and the qualification of their successors. A City Attorney shall be elected in 1966, and each fourth year thereafter. The term of each member of the City Council and the City Attorney shall commence on the first Monday follow' g the certification of the election. Ties in voting among candidates for office shall be settled by th casting of lots. If no candidate meets the qualification for office of the City Attorney, the City Council shall fill that position b appointment until the next municipal general election in which a qualified candidate is elected. Text in blue = proposed additions - Text with = proposed deletions Charter Amendment Measure No. 4 Section 304. QUORUMS,PROCEEDINGS AND RULES OF ORD/shall (b) Proceedings. The City Council shall judge the qualificatbers as set forth by the Charter. It shall judge all election returns. Each member of the Call have the power to administer oaths and affirmations in any investigation or proceeding e the City Council. The City Council shall have the power and authority to compel the attenesses,to examine them under oath and to compel the production of evidence before it. Sub 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 subpoen s, or the refusal to testify (upon other than constitutional grounds), shall constitute a misdemeanor d shall be punishable in the same manner as violations of this Charter are punishable. Section 309. CITY ATTORNEY. POWERS AND TIES. To become and remain eligible for City Attorney the person elected or appointed shall have aduated from a law school accredited by the American Bar Association, be an attorney at law, ly licensed as such under the laws of the State of California, shall have been engaged in the practi e of law in this State for at least five years prior to their election or appointment. The City Attorney sh have the power and may be required to: (a) Represent and advise the Ci Council and all City officers in all matters of law pertaining to their offices, except as oth ise provided in this Charter. (b) Prosecute on behalf of people any or all criminal cases arising from violation of the provisions of this Charter or of City o dinances and such state misdemeanors as the City has the power to prosecute, unless otherwise prov' ed by the City Council. (c) Represent and app for the City in any or all actions or proceedings in which the City is concerned or is a party, and repr sent and appear for any City officer or employee, or former City officer or employee, in any or all civi ctions or proceedings in which such officer or employee is concerned or is a party for any act arising t of their employment or by reason of their official capacity, except as otherwise provided in thi Charter. (d) Attend all egular meetings of the City Council, unless excused, and give their advice or opinion orally or in wri ' g whenever requested to do so by the City Council or by any of the boards or officers of the City. (e) Appr e in writing the form of all contracts made by and all bonds and insurance given to the City. (f) P pare 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 Coun 1. Perform such legal functions and duties incident to the execution of the foregoing powers as may e necessary, except as otherwise provided in this Charter. (i) Maintain the records of their office in compliance with all City policies and applicable law, and s-Surrender to their successor all books,papers, files, and documents pertaining to the City's affairs. Text in blue = proposed additions - Text with = proposed deletions 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, the Municipal Code, and applicable laws to all elected and appointed officials of the City. Section 310. ATTORNEY-CLIENT RELATIONSHIP. (a) Pursuant to the California Rules of Professional Conduct, the civil client of the City Attorney is the municipal corporation, the City of Huntington Beach. The City Council shall have control of all litigation of the City, to the extent that the relationship between attorney and client permits or authorizes such control by the client. The City Attorney shall manage all litigation and legal matters of the City in accordance with this Section, subject to client direction by the City Council, and subject to the City Attorney's duty to act in the best interests of the City and to conform to applicable law and ethical and legal obligations. The City Council shall control the assertion and waiver of the attorney-client privilege. The City Council may direct the City Attorney or the City Manager to contract with other attorneys to take charge of any prosecution, litigation, or other legal matter or business in any of the following circumstances: (1) At the request of the City Attorney; or. (2) On its own initiative: (A) in the event of a conflict of interest for the City Attorney or their office under applicable law or the California Rules of Pr fessional Conduct; (B) in the event that a legal�tter directly involves or relates to the City Attorney, their office, or staff in a way that is materially different than the impact of the matter on other City Departments. (b) The City Council sh �have client control of all legal business and proceedings and all property of the legal departm t. The City Attorney shall keep records of all actions and proceedings in which the City o any officer, employee, Board, or Commission is an interested party, and copies of all writte opinions given by the City Attorney's office. The City Attorney shall comply with all direction and requests for information from members of the City Council and the City Manager, an /shall report to the City Council on the status and progress of litigation on a regular basis and u on reasonable request. RESOLUTION NO. 2022-40 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022, FOR (1) THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO CHARTER CITIES AND (2) FOR THE SUBMISSION' TO THE VOTERS QUESTIONS RELATING TO CITY CHARTER AMENDMENTS. WHEREAS, under the provisions of the laws relating to Charter cities in the State of California, a General Municipal Election shall be held on November, 8 2022, for the election of Municipal Officers; and WHEREAS,the City Council also desires�to submit to the voters at the General Municipal Election four questions relating to City Charter amendments; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, DOES RESOLVE, DECL.ARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of the laws of the State of California relating to Charter Cities, there is ialled and ordered to be held in the City of Huntington Beach, California, on Tuesday, November 8, 2022, a General Municipal Election for the purpose of electing four Members of the City Council for the full term of four years; and a City Attorney for the full term of four years. SECTION /That the CityCouncil pursuant to its right and authority, also does order ,P g tY submitted to th voters at the General Municipal Election the following questions: `hall proposed Charter Amendment No. 1 to: amend outdated phrases, syntax, dates, pronouns, titles, and procedures to clarify City processes; permit and exempt from Section 612 the replacement Yes of existing equipment and infrastructure in parks and beaches if it maintains its current use and does not exceed its footprint or height by more than 10%; and require the City to consider Charter reviews at least No RESOLUTION NO. 2022-40 once every decade following the last review, be approved?" "Shall proposed Charter Amendment No. 2 to: require City Clerks and Treasurers to meet minimum qualifications at the time of filing candidacy; rename Mayor Pro Tempore to Vice Mayor; require at least Yes four votes to fill Council vacancies and limit appointees to serve only until the next municipal election; no longer require City Attorneys to be graduates from law schools only accredited by the No American Bar Association; update City Treasurer responsibilities accordingly, be approved?" "Shall proposed Charter Amendment No. 3 to convert the City Clerk and City Treasurer from Yes elected to appointed officials as set forth in the proposed measure be approved?" No 1 "Shall proposed Charter Amendmen:tNo. 4 to: define the Attorney-Client relationship between the City Attorney and City, designatiAg the City Council Yes as Client; determine all legal matters to be controlled by the Council and managed by the City Attorney under Council direction;Wpefit the Council to contract with other atl if the City Attorney has a conflict of interest; require City Attorney to keep No all legal records and cdmply with requests for information, be approved?" SECTION 3. That the proposed complete text of the Charter Amendments submitted to the voters is attached as Exhibit A. SECTION 4. That the vote requirement for the measure(s) to pass is [a majority (50%+1) of the votes cast. SECTION 5. That the ballots to be used at the election shall be in form and content as required by law. i 2 22-10857/287086 RESOLUTION NO. 2022-40 SECTION 6. That the City Clerk is authorized, instructed and directed to coordinate with the County of Orange Registrar-Recorder/County Clerk to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 7. That the polls (vote centers) for the election shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until 8 o'clock p.m. of the same day when the polls(vote centers)shall be closed, pursuant to Election Code § 10242, except as provided in §§ 14212, 14401 of the Elections Code of the State of California. SECTION 8. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.; SECTION 9. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 10. That the City Clerk shall certify to the passage and adoption of this Resolution Ff{ and enter it into the book of original Resolutipns. SECTION 11. The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill. E r FF f . f i 3 22-10857/287086 RESOLUTION NO. 2022-40 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on 52022. Mayor REVIEWED AND APPROVED: APPROVED AS TO FORM: City Manager Ci Attorney , INITIA3 ED AND APPROVED: f /Assistant City Manager J., d� t ! f a F it e i f i' s 4 22-10857/287086 kEso Q, Z022-3 Lxhl'64'fAI Text in blue = proposed additions - Text with = proposed deletions EXHIBIT A Charter Amendment Measures Charter Amendment Measure No. 1 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 Corfncil in office at the time this Charter takes effect shall continue in office until the expiration of their r spective terms and until their successors are elected and qualified. Consistent with the staggered el tion process established in the new Charter in 1966 and reaffirmed in 2022,four members of th ity Council shall be elected at the general municipal election held in 2022, and each fou year thereafter. Three members of the City Council shall be elected at the general municipal ection held in¥ 2024, 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 r more than two years of a term to which some other person was elected a member shall be elect ' to the City Council more than one further consecutive term. Subject to the provisions of this Ch er,the City Clerk, City Treasurer and City Attorney in office at the time this Charter takes effect sh continue in office until the expiration of their respective terms and the qualification of their successo s. Consistent with the staggered election process established in the new Charter in 1966 and reafirrmed in 2022,a City Cleric and City Treasurer shall be elected at the general municipal election hel in 4 2024, and each fourth year thereafter. A City Attorney shall be elected in 4466 2022,and ea fourth year thereafter. The term of each member of�he City Council,the City Clerk,the City Treasurer and the City Attorney shall commence on the firCg �regular City Council meeting following the certification of the election. Ties in voting candidates for office shall be settled by random drawing process con cted by the City Manager during the first regular City Council meeting following the certifi �tion. If no candidate m is the qualifications for office of the City Clerk, City Treasurer, or City Attorney,the City Council sh fill that position by appointment until the next municipal general election in which a qualified cand' ate is elected. Section 3 .MEETINGS AND LOCATION. �a) Regular Meetings. The City Council shall hold regular meetings at least twice each month,unless it lacks a quorum or is canceled by the Mayor or a majority of City Council Me hers, at such time as it shall fix by ordinance or resolution and may adjourn any re ,a meeting to a date and hour certain which shall be specified in the order of adjournment.aa4 Each re-adjourned meeting shall be a regular meeting for all purposes. T� suok ----Iw meetings. If at any time any regular meeting falls on a holiday such regular meeting shall be held on the next business day. Text in blue = proposed additions - Text with = proposed deletions (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,Of 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 dispen,§ed with. This notice requirement s all be considered fulfilled as to any person who is actually, resent at the meeting at the tim ' convenes. In he event of an emergency affecting the public pea , health or safety, a special eeting may be c ed as provided in this section with less than twer}ty-four hours written notice by the Mayor Pro Te or's absence or by any member of the City Council in the absence of both the ayor Proms rovided that the nature of the emergency is set forth in the minutes of the meeting. (c) Place of Meetings. All regular meetings sh l be held in the Council Chambers of the City or in such place within the City to which any such qeeting may be adjourned. If, by reason of fire, flood or other emergency, it shall be unsafe to meet in./�e place designated, the meetings may be held for the duration of the emergency at such place withila the City as is designated by the Mayor, or, if he the Mayor should fail to act,by a majority of the embers 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 a7end such meetings, except that the provisions of this section shall not apply to closed s ssions. Subject to the rules governing the conduct of City Council meetings, no person shall be deni the right to be heard by the City Council. r Section 304. QUORUMS, PROCE�INGS 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 mF' adjourn from time to time. In the absence of all the members of the City Council from any regular eetmg or adjourned regular meeting,the City Clerk may declare the same adjourned to a stated d and hour. The City Clerk shall cause written notice of a meeting adjourned by less than a qu rum or by the City Clerk to be delivered personally,ef by mail or by current technology to ea 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 ith notice of special meetings of the City Council. Section 306. VICE MAYOR. The City Council shall also designate one of its members s Vice Mayor nvp 4: M„�, who shall serve in such capacity at the pleasure of the City Council. The ice Mayor shall perform the duties of the Mayor during the Mayor's absence or isability or at the Mayor's request. Text in blue = proposed additions - Text with = proposed deletions Section 311. CITY TREASURER. POWERS AND DUTIES. (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. Section 312. VACANCIES, FORFEITURES AND REPLACEMENT. (c) Replacement. In the event 4 the City Council shakl'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/tionat f t 'unexpired term. Section 400. CITY MANAGER. COMPOSIM,ELIGIBILITY, REMOVAL. (d) Removal. The City Manager smoved from office during or within a period of ninety days next succeeding any municipal hich a member of the City Council is elected. At any other time the City Manager maybe reat a regular meeting of the City Council and upon the affirmative vote of a majority of the the City Council. At least thirty days prior to the effective date of removal,the City Man ger shall be furnished with a written notice stating the Council's intentions and, if requested by t e City Manager,the reasons therefor. Within seven days after receipt of such notice,the City Manage may by written notification to the City Clerk request a public hearing before the City Council, in w ch event the Council shall fix a time for a public hearing which shall be held at its regular meeting p ace before the expiration of the thirty-day period above referred to. The City Manager shall appear an be heard at such hearing. After furnishing the City Manager with written notice of the intended re oval,the City Council may suspend the City Manager from duty, but his the City Manager's comp sation shall continue until removal as herein provided. In removing the City Manager, the City Coun 11 shall use its uncontrolled discretion and its action shall be final and shall not depend upon any partic ar showing or degree of proof at the hearing,the purpose of which is to allow the City Council an the City Manager to present to each other and to the public all pertinent facts prior to the final action removal. Section 601. ANN AL BUDGET,PREPARATION BY THE CITY MANAGER. At such date as the City Manager hall determine, each board or commission and each department head shall furnish to the City Manag , personally, or through the Chief Financial Officer, estimates of the departr LI s, board's or commission's revenue and expenditures for the ensuing fiscal year, detailed in such mam r as may be prescribed by the City Manager. In preparing the proposed budget, the City Managers all 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. r r 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 Text in blue = proposed additions - Text with = proposed deletions thereof, certified by the City Clerk, shall be filed with the City Manager, 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 612. PUBLIC UTILITIES AND PARKS AND BEACHES.;'` (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 ovide a service in a public park or beach AND L /, - such act was being performed 0 ervice provided at the same location prior to January 1, 1989 AND f - the proposed lease, franchise; concession agreement or other contract would not increase the amount of part land or beach dedicated to or used by the party performing such act or pfoviding such service. (3) to above ground public works utility structures under 3,000 square feet; (4) to underground public,,ivorks 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;of (6) to renewable enefgy projects that do not negatively impact recreational opportunities=�; (7) to the replayement of existing equipment or infrastructure that does not exceed itsXurrent footprint or height by more than 10% and also maintains its current use; or (8) to the construction of restroom facilities. Section 801. DEFINIT�6NS. Unless the provisions or the context otherwise requires, as used in this Charter: / (a) "Sh is mandatory, and "may" is permissive. J (b) "I"ity" 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. /(d) "County" is the County of Orange. "State" is the State of California. (Pe) The singular includes the plural and the plural the singular. Text in blue = proposed additions - Text with = proposed deletions (g f) "Person" includes firm and corporation. 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. f, Text in blue = proposed additions - Text with = proposed deletions Charter Amendment Measure No. 2 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 , 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: 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: 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: (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. (a) n a 03,b.....31tgl +1 D; + FL 3aAnnkhl '++ + F + .1 1 (de) Perform such other duties consistent with this Charter as may be required by ordinance or resolution of the City Council. (e f) Assist and cooperate with the City Manager consistent with Section 403 of the City Charter. Text in blue = proposed additions - Text with ngf& = proposed deletions 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 4 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). Text in blue = proposed additions - Text with = proposed deletions Charter Amendment Measure No. 3 Section 304. QUORUMS, PROCEEDINGS AND RULES OF ORDER. (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 / ity G,., aei s " b ft+«,., a take ohmge, ei or > „J Y« a 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, except as otherwise provided in this Charter. (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, except as otherwise provided in this Charter. (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. J (g) Devote such time to the duties of their office and at such place as may be specified by the City Q6uncil. ° (h) Perform such legal functions and duties incident to the execution of the foregoing powers 7AIay be necessary, except as otherwise provided in this Charter. (i) Maintain the records of their office in compliance with all City policies and applicable law, and sgurrender to their successor all books,papers, files, and documents pertaining to the City's affairs. Text in blue = proposed additions - Text with dei lble strike Q. ts = proposed deletions 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, the Municipal Code, and applicable laws to all elected and appointed officials of the City. Section 310. ATTORNEY-CLIENT RELATIONSHIP. (a) Pursuant to the California Rules of Professional Conduct,the civil client of the City Attorney is the municipal corporation, the City of Huntington Beach. The City Council shall have control of all litigation of the City, to the extent that the relationship between attorney and client permits or authorizes such control by the client. The City Attorney shall manage all litigation and legal matters of the City in accordance with this Section, subject to client direction by the City Council, and subject to the City Attorney's duty to act in the best interests of the City and to conform to applicable law and ethical and legal obligations. The City Council shall control the assertion and waiver of the attorney-client privilege. The City Council may direct the City Attorney or the City Manager to contract with other attorneys to take charge of any prosecution, litigation, or other legal matter or business in any of the following circumstances: (1) At the request of the City Attorney; or (2) On its own initiative: (A) in the event of a conflict of interest for the City Attorney or their office under applicable law or the California Rules of Professional Conduct; (B) in the event that a legal matter directly involves or relates to the City Attorney, their office, or staff in a way that is materially different than the impact of the matter on other City Departments. (b) The City Council shall have client control of all legal business and proceedings and all property of the legal department. The City Attorney shall keep records of all actions and proceedings in which the City or any officer, employee, Board, or Commission is an interested party, and copies of all written opinions given by the City Attorney's office. The City Attorney shall comply with all direction and requests for information from members of the City Council and the City Manager, and shall report to the City Council on the status and progress of litigation on a regular basis and upon reasonable request. Text in blue = proposed additions - Text with = proposed deletions EXHIBIT A Charter Amendment Measures Charter Amendment Measure No. 1 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. 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 4AA6 2022,and each fourth year thereafter. Three members of the City Council shall be elected at the general municipal election'held in 2024, 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. Consistent with the staggered election process established in the new Charter in 1966 and reaffirmed,in 2022,a City Clerk and City Treasurer shall be elected at the general municipal election held in 4A.f 8 2024,and each fourth year thereafter. A City Attorney shall be elected in 4;9"2022, 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 regular City Council meeting following the certification of the election. Ties in voting among candidates for office shall be settled by the=eags random drawing process conducted by the City Manager during the first regular City Council meeting following the certification,,` If no candidate meets thp'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 i 'elected. i Section 303.1 EETINGS AND LOCATION. (a) /Regular Meetings. The City Council shall hold regular meetings at least twice each month, u ess it lacks a quorum or is canceled by the Mayor or a majority of City Council Membe ,at such time as it shall fix by ordinance or resolution and may adjourn any regul eeting to a date and hour certain which shall be specified in the order of adjournment.and Each re-adjourned meeting shall be a regular meeting for all purposes. qA -1.a fflooting is Adisoffled is 140t:Stated LatLP QVIJOW AC04; h meeting 8 sill he,IRAW Fit:*I.. ' hall he - If at any time any regular meeting falls on a holiday such regular , eeting shall be held on the next business day. Text in blue = proposed additions - Text with = proposed deletions (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,ef 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,6ay 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 affecting4he public peace,health or safety, a special me 'ng-may b lled as provided in this section with less than twenty-four hours written notice by the ' absence or by any n*mber of the City Council in the absence of both the Mayor an a or Pro Te vided that the na e of the emergency is set forth in the minutes of the meeting. (c) Place of Meetings. All regul r 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 adj ourned. If,by reason of fire, flood or other emergency, it shall be un*e 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 4w the Mayor should fail to act,by a rr Jority 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. 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 fr6m any regular meeting or adjourned regular meeting,the City Clerk may declare the same adjourn d to a stated day and hour. The City Clerk shall cause written notice of a meeting adjourned bXless 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 meetings adjourned,or such notice may be dispensed with in the same manner as specified in this CharteX for dispensing with notice of special meetings of the City Council. S ction 311. CITY TREASURER.POWERS AND DUTIES. (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. Text in blue = proposed additions - Text with = proposed deletions Section 312. VACANCIES,FORFEITURES AND REPLACEMENT. (c) Replacement. In the event 4 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. Section 400. CITY MANAGER.COMPOSITION,TERM,ELIGIBILITY,REMOVAL. (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 hie 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. 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 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 revision�ihereof that it may deem advisable and on or before the last day of the fiscal year it shall adopt the bxidget with revisions,if any,by the affirmative vote of at least a majority of the total members of the Co�ncil. Upon final adoption,the budget shall be in effect for the ensuing fiscal year. Copies thereof�ertified by the City Clerk, shall be filed with the City Manager, . Chief y ial Officer, City Treasurer and the person retained by the City Council to perform the post audit n,and a further copy shall be placed, and shall remain on file in the office of the City Clerk t shall be available for public inspection. The budget so certified shall be reproduced and copies vailable for the use of the public and of departments, offices and agencies of the City. Text in blue = proposed additions - Text with = proposed deletions Section 612.PUBLIC UTILITIES AND PARKS AND BEACHES. (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;or (6) to renewable energy projects that do not negatively impact recreational opportunitiesv-; or (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. 0 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. he saqj�a (f-e) The singular includes the plural and the plural the singular. ( "Person" includes firm and corporation. Sectio 804. CHARTER REVIEW. The City Council shall determine if there is a need to convene a citiz 's Charter Review Commission to conduct a review of the City Charter no less frequently than ev ten years from the most recent formal Charter review conducted by a Charter Revision ommission, City Council,or City staff. Text in blue = proposed additions - Text with = proposed deletions Charter Amendment Measure No. 2 Section 306. VICE MAYOR. The City Council shall also designate one of its members as Vice Mayor ,who shall serve in such capacity at the pleasure of the City Council. The Vice Mayor shall perform the duties of the Mayor during the Mayor's absence or disability or at the Mayor's request. 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 ,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: Section 310. CITY CLERK. POWERS AND DUTIES. Tp'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: Section 311. CITY TREASURER.POWERS AND DUTIES. To become and remain eligible for City Treasurer,the person elected or appointed syall, 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 accoOnting, finance, business, or public administration with certification by the California Municipal Treasyfer's Association, or their successor,within three years of election or appointment. The City Treasurer shall have#ie power and shall be required to: (a) Receive on boalf 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 frozii the County, State or Federal governments, or from any court, or from any office, department or ancy of the City. (b) Have d keep custody of all public funds belonging to or under control of the City or any office,departm t or agency of the City government and deposit or cause to be deposited all funds coming into their Onds in such depository as may be designated by resolution of the City Council, or, if no such resolutigt be adopted,then in such depository designated in writing by the City Manager,and in compliance wi all of the provisions of the State Constitution and laws of the State governing the handling,de siting and securing of public funds. (c), Pay out moneys only on proper orders or warrants in the manner provided for in this Charter. / Text in blue = proposed additions - Text with = proposed deletiphs (do) Perform such other duties consistent with this Charter as may be required by ordinance or resolution of the City Council. (et) 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 y by ordinance or resolution prescribe. Section 312.VACANCIES,FORFEITURES AND REPLACEM NT. (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. i (b) Forfeiture. If a member of the City Cor cil 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 ofthe City Council expressed in its official minutes,the office shall become vacant. If an elected City offer 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 went 4 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). r l a Text in blue = proposed additions - Text with = proposed deletions Charter Amendment Measure No. 3 Section 300. CITY COUNCIL AND ATTORNEY, . TERMS. The elective officers of the City shall consist of a City Council of seven member , 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 tp which some other person was elected a member shall be elected to the City Council more than pile 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 Attorney shall be elected in 1966, and each fourth year thereafter. The term of each member of the City Council, and the City Attorney shall commence on the first Monday following th certification of the election. Ties in voting among candidates for office shall be settled by the cast' g of lots. If no candidate meets the qualifications for fice of the City Attorney,the City Council shall fill that position by app ntment until the next municipal general election in which a qualified candidate is elected. l i Text in blue = proposed additions - Text with = proposed deletions Charter Amendment Measure No. 4 Section 304. QUORUMS,PROCEEDINGS AND RULES OF ORDER. (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 saine manner as violations of this Charter are punishable. 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,except as otherwise provided in this Charter. (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 alYcivil 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,except as otherwise provided in this Charter. (d) Atte all regular meetings of the City Council,unless excused,and give their advice or opinion orally or by writing whenever requested to do so by the City Council or by any of the boards or officers of the Ci '. (e) pprove 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. ( Devote such time to the duties of their office and at such place as may be specified by the City Co ncil. (h) Perform such legal functions and duties incident to the execution of the foregoing powers as y as/be except as otherwise provided in this Charter. (i) Maintain the records of their office in compliance with all City policies and pplicable law,and sgurrender to their successor all books,papers,files, and documents pertaining to the City's affairs. Text in blue = proposed additions - Text with strike em dc = proposed deletions (j) 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, the Municipal Code, and applicable laws to all elected and appointed officials of the City. Section 310. ATTORNEY-CLIENT RELATIONSHIP. (a) Pursuant to the California Rules of Professional Conduct,the civil client of the City Attorney is the municipal corporation, the City of Huntington Beach. The City Council shall have control of all litigation of the City, to the extent that the relationship between attorney and client permits or authorizes such control by the client. The City Attorney shall manage all litigation and legal matters of the City in accordance with this Section, subject to client direction by the City Council, and subject to the City Attorney's duty to act in the best interests of the City and to conform to applicable law and ethical and legal obligations. The City Council shall control the assertion and waiver of the attorney-client privilege. The City Council may direct the City Attorney or the City Manager to contract with other-attorneys to take charge of any prosecution, litigation, or other legal matter or business in any of the following circumstances: v (1) At the request of the City Attorney;�r (2)On its own initiative: (A) in the event of a conflict of interest for the City Attorney or their office under applicable law or the California Rules of r1ofessional Conduct; (B) in the event that a legs rmatter directly involves or relates to the City Attorney, their office,or staff in a way that is materially different than the impact of the matter on other City Departments. (b) The City Council shall have client control of all legal business and proceedings and all property of the legal departipient. The City Attorney shall keep records of all actions and proceedings in which the City r any officer, employee, Board, or Commission is an interested party, and copies of all writt opinions given by the City Attorney's office. The City Attorney shall comply with all direct' nand requests for information from members of the City Council and the City Manager, a shall report to the City Council on the status and progress of litigation on a regular basis and upon reasonable request. RESOLUTION NO. 2022-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING CITY MEASURES AND IMPARTIAL ANALYSES. WHEREAS, a General Municipal Election is to be held in the City of Huntington Beach, California, on November 8, 2022, at which there will be submitted to thi voters four ballot measures related to amendments to the City Charter; and The City Council wishes to authorize arguments in favor'of and in opposition to these measures and authorize the preparation of impartial analyses-of these measures, NOW, THEREFORE, the City Council of the City of Huntington Beach, California, does hereby resolve, declare, determine and order as fop,6ws: x r, That with respect to the measure entitWd: A* F` "Shall proposed Charter Amendment No. 1 to: amend outdated phrases, s}�ntax, dates, pronouns, titles, and YES procedures to clarify'City processes; permit and exempt from Section 612 the/treplacement of existing equipment and infrastructure in/parks and beaches if it maintains its current use and does.? of exceed its footprint or height by more than 10%; and require the City to consider Charter reviews at least NO once every decade following the last review, be approved?" t' i a. That the City Council authorizes the following member(s) of its body: (Councilmember In Favor/Against) (Councilmember In Favor/Against) (Councilmember In Favor/Against) (Councilmember In Favor/Against) (Councilmember In Favor/Against) RESOLUTION NO. 2022-41 to file a written argument regarding the Measure as specified above in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California and to change the argument until and including the date fixed by the City Clerk after which no arguments for or against the Measure may be submitted to the City Clerk. Said argument to be accompanied by the printed name(s) and signature(s) of the authors(s) submitting it, or if, submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers. b. That the City Council directs the City--,Clerk to transmit a copy of the Measure to the City to prepare an impartial analysis of the Measure not exceeding 500 words showing the effect of the Measure on the existing law and the operation of the Measure. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. C. The analysis shall include a statement indicating the measure was placed on the ballot by the governing body of the city. d. In the event the entire text of the measure is not printed on the ballot, nor in the voter information portion of the voter information guide,there shall be printed immediately below the impartial analysis, in no less than 10-point type, the following: "The above statement is an impartial analysis fOf Measure . If you desire a copy of the ordinance or measure, please call the election,offf` ial's office at 714-536-5405 and a copy will be emailed at no cost to you." e. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. !Y 1 2 22-10875/287085 RESOLUTION NO. 2022-41 SECTION 2. That with respect to the measure entitled: "Shall proposed Charter Amendment No. 2 to: require City Clerks and Treasurers to meet minimum qualifications at the YES time of filing candidacy; rename Mayor Pro Tempore to Vice Mayor; require at least four votes to fill Council vacancies and limit appointees to serve only until the next municipal election; no longer require City Attorneys to be graduates from law schools only accredited by the American Bar Association; No update City Treasurer responsibilities accordingly, be approved?" a. That the City Council authorizes the following member(s) of its body: (Councilmember In Favor/Against) (Councilmember In Favor/Against) (Councilmember In Favor/Against) (Councilmember In Favor/Against) (Councilmember In Favor/Against) to file a written argument regarding the Measure as specified above in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California and to change the argument until and including the date fixed by the City Clerk after which no arguments for or against the Measure may be submitted to the City Clerk. Said argument to be accompanied by the printed name(s) and signature(s) of the authors(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers. b.- That the City Council directs the City Clerk to transmit a copy of the Measure to the City to prepare an impartial analysis of the Measure not exceeding 500 words showing the e,fect of the Measure on the existing law and the operation of the Measure. The impartial l analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. 3 22-10875/287085 RESOLUTION NO. 2022-41 C. The analysis shall include a statement indicating the measure was placed on the ballot by the governing body of the city. d. In the event the entire text of the measure is not printed on the ballot, nor in the voter information portion of the voter information guide, there shall be printed immediately below the impartial analysis, in no less than 10-point type, the following: "The above statement is an impartial analysis of Measure . If you desire a copy of the ordinance or measure, please call the election official's office at 714-536-5405 and a copy will be emailed at no cost to you." e. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. SECTION 3. That with respect to the measure entitled: "Shall proposed Charter Amendment No. 3 to convert YES the City Clerk and City Treasurer from elected to appointed officials as set forth in the proposed measure be approved?" No a. That the City Council authorizes the following member(s) of its body: (Councilmember In Favor/Against) (Councilmember In Favor/Against) (Councilmember In Favor/Against) (Councilmember In Favor/Against) (Councilmember In Favor/Against) i, to file a written argument regarding the Measure as specified above in accordance with Article 4, i Chapter 3, Di�i'sion 9 of the Elections Code of the State of California and to change the argument until and including the date fixed by the City Clerk after which no arguments for or against the i Measure/may be submitted to the City Clerk. Said argument to be accompanied by the printed 4 22-10875/287085 RESOLUTION NO. 2022-41 name(s) and signature(s) of the authors(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers. b. That the City Council directs the City Clerk to transmit a copy of the Measure to the City to prepare an impartial analysis of the Measure not exceeding 500 words showing the effect of the Measure on the existing law and the operation of the Measure. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. C. The analysis shall include a statement indicating the measure was placed on the ballot by the governing body of the city. d. In the event the entire text of the measure is not printed on the ballot, nor in the voter information portion of the voter information guide, there shall be printed immediately below the impartial analysis, in no less than 10-point type, the following: "The above statement is an impartial analysis of Measure . If you desire a copy of the ordinance or measure, please call the election official's office at 714-536-5405 and a copy will be emailed at no cost to you." e. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. SECTION 4. That with respect to the measure entitled: "Shall proposed Charter Amendment No. 4 to: define the Attorney-Client relationship between the City Attorney and YES City, designating the City Council as Client; determine all legal matters to be controlled by the Council and managed by the City Attorney under Council direction; permit the Council to contract with other attorneys if the City Attorney has a conflict of interest; require City Attorney to keep all No >' legal records and comply with requests for information, be approved?" a. That the City Council authorizes the following member(s) of its body: 5 22-10875/287085 RESOLUTION NO. 2022-41 (Councilmember In Favor/Against), (Councilmember In Favor/Against) (Councilmember In Favor/Against) (Councilmember In Favor/Against) (Councilmember In Favor/Against) to file a written argument regarding the Measure as specified above in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California and to,change the argument until and including the date fixed by the City Clerk after which no arguments for or against the Measure may be submitted to the City Clerk. Said argument to be accompanied by the printed name(s) and signature(s) of the authors(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers. b. That the City Council directs the City Clerk to transmit a copy of the Measure to the City to prepare an impartial analysis of the"Measure not exceeding 500 words showing the 5. effect of the Measure on the existing law and the operation of the Measure. The impartial analysis shall be filed by the date set by the City.Clerk for the filing of primary arguments. C. The analysis shall include a statement indicating the measure was placed on the ballot by the governing body of the city. d. In the event the entire text of the measure is not printed on the ballot, nor in the voter information portion of the voter information guide,there shall be printed immediately below the impartial analysis,.in no less than 10-point type, the following: "The above statement is an s` impartial analysis of Measure . If you desire a copy of the ordinance or measure, please call r f the election official s office at 714-536-5405 and a copy will be emailed at no cost to you." e. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. 6 22-10875/287085 RESOLUTION NO. 2022-41 , SECTION 5. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on , 2022. Mayor .,, REVIEWED AND APPROVED: APPROVED AS TO FORM: City Manager r" it ttorney '�/ ITIATED AND APPROVED: rr` Assistant City N&ager r i T • l r �f 7 22-10875/287085 Switzer, Donna From: Fikes, Cathy Sent: Friday, July 1, 2022 12:13 PM To: Agenda Alerts Subject: FW: Opposition to Resolution Nos. 2022-39, 2022-40, 2022-41 and 2011-42. From:Ted Ross<ted.ross@icloud.com> Sent: Friday,July 1, 2022 11:14 AM To: CITY COUNCIL<city.council@surfcity-hb.org> Subject: Opposition to Resolution Nos. 2022-39, 2022-40, 2022-41 and 2011-42. Reference: 22-572 Consider the Submission of Four Charter Amendment Measures for Voter Approval at the November 8, 2022 General Municipal Election, and the adoption of Resolution Nos. 2022-39, 2022-40, 2022-41 and 2011-42. Recommended Action: A) Consider four proposed Charter amendment ballot measures,ballot language and exhibits for placement on the November 8, 2022 General Municipal Election ballot for voter approval; and B)Adopt Resolution No. 2022-39, "A Resolution of the City Council of the City of Huntington Beach, California, Requesting the Board of Supervisors of the County of Orange to Consolidate a General Municipal Election to be Held on November 8, 2022,with the Statewide General Election to be Held on the Date Pursuant to § 10403 of the Elections Code"; and C)Adopt Resolution No. 2022-40, "A Resolution of the City Council of the City of Huntington Beach, California, Calling for the Holding of a General Municipal Election to be Held on Tuesday,November 8, 2022 (1) for the Election of Certain Officers as Required by the Provisions of the Laws of the State of California Relating to Charter Cities and(2) for the Submission to the Voters Questions Relating to City Charter Amendments"; and D)Adopt Resolution No. 2022-4 1, "A Resolution of the City Council of the City of Huntington Beach, California, Setting Priorities for Filing Written Arguments Regarding City Measures and Impartial Analyses"; and E)Adopt Resolution No. 2022-42, "A Resolution of the City Council of the City of Huntington Beach, California, Providing for the Filing of Rebuttal Arguments for City Measures Submitted at Municipal Elections. "ABSOLUTELY OPPOSED TO ALL PROPOSED CHARTER AMENDMENTS AS RECOMMENDED. THE CITY COUNCIL FAILS TO MAKE A COMPELLING ARGUMENT TO SUBSTANTIATE THE NEED FOR THESE CHANGES " Sent from my iPhone.........Ted Ross '"�'�.IEl1lIENl'�4L Huntington Beach Voter '477 0MMUNICAT'ION klAefing 4,ger�da ftm No.- -22 22— 5�2 I Moore, Tania From: AnonymousCitizen2030 <AnonymousCitizen2030@proton.me> Sent: Tuesday, July 5, 2022 9:02 AM To: supplementalcomm@surfcity-hb.org; CITY COUNCIL Subject: No on Agenda Items 17 &22 HB City Council, I oppose your agenda items 17 & 22. Cease and desist from your globalist efforts in trying to destroy HB. Sincerely, Jeremy P.S. Also, take down those disgusting rainbow flags. Do you not know most people are Christians that live here? Bigots! Sent with Proton Mail secure email. SUPPLEMENTAL COMMUNICATION Moft Debe:_ 740c, 4, Apr4a ftm No.. Moore, Tania From: Fikes, Cathy Sent: Tuesday,July 5, 2022 10:27 AM To: Agenda Alerts Subject: FW: charter amendments -----Original Message----- From: Patricia Frangente<pfrangente037@yahoo.com> Sent: Monday,July 4, 2022 7:00 PM To: CITY COUNCIL<city.council@surfcity-hb.org> Cc: Fred Frangente<fpfrangente@socal.rr.com> Subject: Re: charter amendments As citizens of Huntington Beach since 1964 we do not support any changes to the amendments of the City Charter. We do not support the City Council working with any law firms without consulting with elected City Attorney Michael Gates. He was duly elected by the voters of Huntington Beach.You are circumventing the will of the people of HB and violating the law and the City Charter. Please reconsider your actions. Thank you for your consideration. Fredrick and Patricia Frangente 16522 Trudy Lane 92647 714-846-9276 Sent from my iPhone Patricia Frangente SUPPLEMENTAL COMMUNICATION Mew tie: aa- Ages rem No.: Moore, Tania From: Janet Bean <janetbeandesigns@gmail.com> Sent: Tuesday,July 5, 2022 12:52 PM To: supplementalcomm@surfcity-hb.org; CITY COUNCIL Subject: Tonight's agenda I am writing to express my extreme disdain for the back handed, very non-transparent methods you use and now it seems that you have clearly crossed the line into doing actions that are totally against the City Charter. You continually do things like trying to silence our voices and take our rights away. The most recent and very concerning one is changing our Charter to take away the voice of the citizens to elect the best person we see fit to protect our city from legal issues. We do not want you to have the ultimate authority in appointing a puppet that you have ultimate control over. We want to Elect our city Attorney, it is our right and it is our voice. We also do not want you to appoint the Treasure or City Clerk, we want our voices and votes to determine those as well. We also do not want you changing the charter so that you can go out and hire a different attorney because you have it out for the current one for soley political reasons and classify it as a conflict of interest.. If there is a conflict of interest between the City Attorney and City Council, the citizens trust the city attorney who has shown us his moral and ethical standards are of the highest degree as opposed to the low morals and ethics of the 6 council members currently at odds with the city attorney. We say NO on section 310 language. Just another backdoor operation by this unethical city council. We would like to understand how it came about that you hired an outside attorney behind the backs of the city attorney and the citizens? We want to know how this came about, how much this unethical and illegal action cost the taxpayers. We, the taxpayers, should not be saddled with this cost and the 6 council members should reimburse the taxpayers this because of it being an illegal act. It is clear from the public statements made by Kalmick, Bolton, Carr, Posey and our 'esteemed" Mayor, that you are in this solely for a power grab. It is disgusting that your need for power outweighs what is best for Huntington Beach. You are not good for HB, you are not serving the public, NO CHARTER CHANGES AT ALL!!!!!!!!!!!!!!! A Disgusted Citizen, Janet Bean SUPPLEMENTAL COMMUNICATION McWft Do* ��� �aa- T t49anaa rem No.;-�� -spa Moore, Tania From: Fikes, Cathy Sent: Tuesday,July 5, 2022 10:27 AM To: Agenda Alerts Subject: FW: charter amendments -----Original Message----- From: Patricia Frangente<pfrangente037@yahoo.com> Sent: Monday,July 4, 2022 7:00 PM To: CITY COUNCIL<city.council@surfcity-hb.org> Cc: Fred Frangente<fpfrangente@socal.rr.com> Subject: Re:charter amendments As citizens of Huntington Beach since 1964 we do not support any changes to the amendments of the City Charter.We do not support the City Council working with any law firms without consulting with elected City Attorney Michael Gates. He was duly elected by the voters of Huntington Beach.You are circumventing the will of the people of HB and violating the law and the City Charter. Please reconsider your actions. Thank you for your consideration. Fredrick and Patricia Frangente 16522 Trudy Lane 92647 714-846-9276 Sent from my iPhone Patricia Frangente SUPPLEMENTAL COMMUNICATION AgerAs n.m No.; -4t as•S�a� Moore, Tania From: Fikes, Cathy Sent: Wednesday,July 6, 2022 12:36 AM To: Agenda Alerts Subject: FW: Proposed Charter Amendments - Absolute Opposed! -----Original Message----- From:Ted Ross<ted.ross@icloud.com> Sent:Tuesday,July 5, 2022 3:14 PM To: CITY COUNCIL<city.council@surfcity-hb.org> Subject: Proposed Charter Amendments-Absolute Opposed! Huntington Beach City Council: Just who is going to fund this Charter Amendment Process? As I suppose you will authorize this from the discretionary general funds, I as a tax paying voter find your use of our precious taxes to be waste of otherwise valuable resources that could be used to solve more immediate city priorities! Sent from my iPhone.........Ted Ross Huntington Beach resident&voter 1 Moore. Tania From: Fikes, Cathy Sent: Wednesday,July 6, 2022 12:36 AM To: Agenda Alerts Subject: FW:Amendments to the HB City Charter From:donnadillon214@aol.com<donnadillon214@aol.com> Sent:Tuesday,July 5, 2022 3:36 PM To:CITY COUNCIL<city.council@surfcity-hb.org> Subject:Amendments to the HB City Charter Madam Mayor and City Council Members, Please consider the voices of many of your informed constituents and VOTE NO on ANY and ALL changes to our City Charter that has served our City so very well over the years. As I recall there was much discussion in 2020 about amending the charter about how to fill vacancies when they arise on the city council. Yet this revision seems to be focused on the elective positions of the City Treasurer, Clerk, and specifically the City Attorney with minor charter changes elsewhere. The revision seems to take aim at an area (city attorney)where the city council not the citizens of Huntington Beach have personal issues. Again, please consider your constituents desire to retain the best possible legal representation by maintaining the way our current city attorney is elected and how the office operates. VOTE NO on ANY and ALL changes to our City Charter. Thank you for your consideration. Donna D iClon 22102 Jonesport Ln Huntington Beach, CA 92646 i Moore, Tania From: Fikes, Cathy Sent: Wednesday,July 6, 2022 12:37 AM To: Agenda Alerts Subject: FW:Amendments to the HB City Charter From:Greg Dillon<gndillon@verizon.net> Sent:Tuesday,July 5, 2022 3:40 PM To:CITY COUNCIL<city.council@surfcity-hb.org> Subject:Amendments to the HB City Charter Madam Mayor and City Council Members, Please consider the voices of many of your informed constituents and VOTE NO on ANY and ALL changes to our City Charter that has served our City so very well over the years. As I recall there was much discussion in 2020 about amending the charter about how to fill vacancies when they arise on the city council. Yet this revision seems to be focused on the elective positions of the City Treasurer, Clerk, and specifically the City Attorney with minor charter changes elsewhere. The revision seems to take aim at an area (city attorney)where the city council not the citizens of Huntington Beach have personal issues. Again, please consider your constituents desire to retain the best possible legal representation by maintaining the way our current city attorney is elected and how the office operates. VOTE NO on ANY and ALL changes to our City Charter. Thank you for your consideration. Greg Dillon 22102 Jonesport Ln Huntington Beach, CA 92646 1 Moore. Tania From: Bob Bean <beansonwindfall@gmail.com> Sent: Tuesday, July 5, 2022 3:34 PM To: supplementalcomm@surfcity-hb.org; CITY COUNCIL Subject: NO CHANGES I am writing to tell you that there should be no changes to our charter in any form. It is as though the current city council keeps trying these under handed ways to force this on the people they were elected to serve....with the exception of Ms. Bolton who is not an elected official, so she really only serves those who voted her in and they sit on the council. We do not want you to make any changes in regards to the city attorney being elected and specifically where you want to change it for only your benefit so that you can go behind closed doors to hire an outside attorney, especially one who seems beholden to Dan Kalmick...go figure... I would like to see an independent review of everything that this council has done so far that is illegal in terms of the city charter. I would also like to see the actual cost we,the taxpayers have had to pay this attorney that was hired outside the guidelines of the city charter. LEAVE OUR CHARTER ALONE!!!!! 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