HomeMy WebLinkAboutStapleton & Associates - 2023-09-05 �NGT� 2000 Main Street,
4; Huntington Beach, CA
a -�9= Cityof Huntington Beach 92648
g APPROVED 4-3
0� ��o . (KALMICK, MOSER,
COUNT.t! BOLTON-NO)
File #: 23-673 MEETING DATE: 9/5/2023
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: Shannon Levin, Council Policy Analyst
Subject:
Consider Intergovernmental Relations Committee (IRC) recommendation to approve and
authorize execution of Professional Services Contracts with Kahn, Soares, & Conway LLP for
State Legislative Advocacy Services and with Stapleton & Associates for Federal Legislative
Advocacy Services
Statement of Issue:
As recommended by the Intergovernmental Relations Committee (IRC), consider approving and
authorizing the execution of 2-year Professional Services Contracts with Kahn, Soares, and Conway
LLP (KSC) for State Legislative Advocacy Services and Stapleton & Associates (Stapleton) for
Federal Legislative Advocacy Services.
Financial Impact:
Sufficient funds for both contracts have been budgeted in the FY 23-24 Operating Budget under
account no. 10030101.69365. Funding for Year 2 will be included in the following year's budget.
Recommended Action:
A) As recommended by the Intergovernmental Relations Committee, approve and authorize the
Mayor and City Clerk to execute a Professional Services Contract between the City of Huntington
Beach and Kahn, Soares, & Conway LLP for State Legislative Advocacy Services; and
B) As recommended by the Intergovernmental Relations Committee, approve and authorize the
Mayor and City Clerk to execute a Professional Services Contract between the City of Huntington
Beach and Stapleton & Associates for Federal Legislative Advocacy Services.
Alternative Action(s):
Do not approve the IRC's recommended action, and direct staff accordingly.
Analysis:
The City of Huntington Beach issued a Request for Proposals on May 8, 2023 for firms to provide
City of Huntington Beach Page 1 of 2 Printed on 8/30/2023
powerec r LegistarT"
����t(ICJ
File #: 23-673 MEETING DATE: 9/5/2023
both Federal and State legislative advocacy services. The selected service provider(s) would work
with the IRC's staff liaison to present legislation that impacts Huntington Beach, advocate for the City
Council's priorities and projects on all legislative levels as directed by staff, and identify outside funds
to finance major initiatives. Prospective firms were given the option to submit proposals for either or
both the Federal and State legislative advocacy services. It was noted in the RFP that services could
be awarded separately.
On July 20, 2023, the IRC, comprised of Mayor Strickland, Mayor Pro Tern Van Der Mark, and
Council Member Burns, reviewed a staff report that included: a list of four firms that submitted
proposals, scoring of each firm by an internal staff panel, and recommendations to award contracts.
Based on the RFP process as defined by the City's purchasing policies and the panel's rankings,
staff proposed to recommend that the City Council approve a 2-year professional services agreement
for Federal legislative advocacy services with Van Scoyoc & Associates and another 2-year
professional services agreement for State legislative advocacy services with Mercury Public Affairs
(Mercury). The IRC report is attached.
Following the review, the IRC voted 3-0 to recommend to the City Council to contract with Mercury for
State Legislative Advocacy services. Mercury's proposal was to provide the Federal services while
subcontracting with KSC for the State services. For clarity and efficiency, the City proposes to
contract directly with KSC for State services only. The IRC also recommended contracting for
Federal Legislative Advocacy Services with Stapleton. Both contracts are for an initial two-year term.
Environmental Status:
Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will
not result in direct or indirect physical changes in the environment do not constitute a project.
Strategic Plan Goal:
Non Applicable - Administrative Item
Attachment(s):
1. July 20, 2023 Intergovernmental Relations Committee Staff Report Legislative Advocacy RFP
Update
2. Professional Services Contract with Kahn, Soares, & Conway LLP
3. professional Services Contract with Stapleton & Associates
City of Huntington Beach Page 2 of 2 Printed on 8/30/2023
powered9'Legistar''
Att 1-July 2023 IRC Staff Report
Legislative Advocacy Update
,,��--- 2000 Main Street,
'�� 92648 Huntington Beach,CA
'`�_ _A • City Huntington Huntin ton Beach
�UU�JTY C•,/
File #: 23-636 MEETING DATE: 7/20/2023
Subject:
Legislative Advocacy RFP Update
Statement of Issue:
Following an extensive Request for Proposals (RFP) process, staff has identified two consultants, Van Scoyoc
& Associates and Mercury Public Affairs to provide Federal and State legislative advocacy services,
respectively. Staff seeks additional input from the Intergovernmental Relations Committee, prior to placing
both contracts on the August 1, 2023 City Council agenda for further consideration.
Financial Impact:
Sufficient funds are budgeted in the FY23-24 Operating Budget under business unit 10030101.69365. Funds
for future years will be included in their respective years' budgets.
Recommended Action:
Based on the RFP process as defined by the City's purchasing policies and the panel's rankings staff
proposes to recommend to the City Council to approve a 2-year professional services agreement for Federal
legislative advocacy services with Van Scoyoc & Associates and another 2-year professional services
agreement for State legislative advocacy services with Mercury Public Affairs. Provide feedback to staff and
recommend next steps such as interviews or negotiations with the recommended firms.
Alternative Action:
Do not approve the recommended action and direct staff accordingly. Alternate actions include conducting
interviews with all firms, proceed with negotiations, or re-issue the State Legislative Advocacy RFP given that
only one proposal was received.
Analysis
The City of Huntington Beach issued an RFP on May 8, 2023 from well-qualified firms to provide both Federal.
and State legislative advocacy services in support of the City Council's policies and priorities. Firms were
asked to submit proposals for either or both the Federal and State legislative advocacy services.
The RFP asked firms to detail their qualifications and their proposed approach to the scope of work, which
includes: work with the City to establish legislative priorities (i.e., develop a Legislative Policy Platform),
advocate on the City's behalf to federal and state legislative bodies and agencies, conduct legislative research
and analysis, support the City in Washington, D.C. and/or Sacramento, and support the City's financial outlook
by developing a plan supplemented through federal or state appropriations and grant funding.
The RFP specified that responses must include:
1. Cover Letter
2. Firm Qualifications
3. Understanding of and Proposed Approach to the RFP Scope of Work
4. References
5. Pricing Proposal
Additionally, the RFP identified specific criteria that would be used in the evaluation process:
City of Huntington Beach Page 1 of 2 Printed on 7/17/2023
powereI LegistarTM'
Att 1-July 2023 IRC Staff Report
Legislative Advocacy Update
File #: 23-636 MEETING DATE: 7/20/2023
1. Qualifications and experience of the individuals assigned to the contract
2. Qualifications and experience of the responding firm
3. Experience and track record conducting similar work for similar cities
4. Understanding and approach to the proposed scope of work in Huntington Beach
5. Proposed Fees
The RFP closed on June 13, 2023, and the City received four proposals. Proposals were independently
evaluated by a panel of three staff members using the specific criteria listed in the RFP. A weighted scale up
to 1500 points was allocated across six criteria in compliance with the RFP. Each panelist independently
reviewed and scored the proposals per the City's purchasing procurement policies, and the ranking is as
follows:
Proposers Scope of Compliance References Qualifications& Experience Understanding Cost Total
Work with RFP Experience of Conducting and Approach to Proposal Points
the Proposer Similar Work for Scope
Similar Cities
Van Scoyoc Federal 140 75 362.5 145 337.5 350 1,410.00
&Assoc.
Thorn Run Federal 135 70 362.5 145 337.5 300 1,350.00
Mercury Federal& 135 57.5 325 125 356.25 250 1,248.75
State
Stapleton & Federal 65 10 175 55 212.5 250 767.50
Assoc.
Based on the RFP process as defined by the City's purchasing policies and the panel's rankings, staff
proposes to recommend to the City Council to approve a 2-year professional services agreement for Federal
legislative advocacy services with Van Scoyoc & Associations and another 2-year professional services
agreement for State legislative advocacy services with Mercury. Each agreement has an option to exercise
one additional year.
Sufficient funds to cover the cost of each agreement is budgeted in the FY2023-24 Operating Budget under
business unit 10030101.69365.
Attachment(s):
1. Request for Proposals - Federal & State Legislative Advocacy Services (RFP No. 23-0613)
City of Huntington Beach Page 2 of 2 Printed on 7/17/2023
powerelf4 LegistarTA4
VI
N 2
> CL
N,r% O
1,447,[ilfia ? ?C j- , I �� • • O a 0
.� O w
CV LO
I .�
4 , '� la - f i W O w w
II � CO N1.,N•. - .a , r,r : ,, °7',.. .` g
51 -fa
• � v y , if' -n N >- N
N
. .
5,. ;if
q�s a
CO
N 114 N 0 ot, ' . �. . a a } Z •
t WOci W-
0
4s . r1�' Ie, A /A9
C
Ce
•111.1.-,„,„, i j'Pi I '
III
•,` a F-
� : Z w: + `.h ",i ` +1`TO I) W g 2 m z
r k�F 0 w
LL > •L . . O
J11 W • • 4-
D cnO
t �.r-4 ,_,
,I en 5, N. , �
. , „.., „.,,,..,.,..._,...:. ,......„. . ,,,
,,c,
....a-. .. I...1.-z.:'''' "r^ %-...1, -...-„, .--..-...,_„.. ...,,:..2.1t,- 11,-,,,,...-'". c) LL/ _ 0 0 O. Lu J -.I
- LL Cif)
a Z V) w `
waais � ' " gip ...� .-'- - . . M I w w Z (n - >
i al
- c� W ,� N O O
lJ Cr
C) 0
et
CL ix
LLI
Z W WW ›, L N O I a
``' Ce U.. —.I Y c re a Z a
Att 1-July 2023 IRC Staff Report
Legislative Advocacy Update
INTRODUCTION
The City of Huntington Beach (hereinafter referred to as the "City") is requesting proposals to establish
a contract for Federal Legislative Advocacy Services, with work to commence on or about July 1, 2023
and be completed on June 30, 2024.The City reserves the right to extend the contract for up to two (2)
additional one (1)year periods.
City reserves the right to issue additional solicitation(s) during term of agreement if services withniche
experience/expertise are needed for special projects.
BACKGROUND
Huntington Beach is located along the Southern California coast in Orange County,35 miles south of Los
Angeles and 90 miles north of San Diego. The City is best known today for its 8.5 miles of uninterrupted
beaches, excellent year-round weather, and a surf culture that draws 4 million visitors annually. Beyond
the shoreline, Huntington Beach is a full-service charter city guided by a Council-Manager form of
government,with a seven-member City Council made up of the Mayor and six City Council members
elected at large. The City Council is the legislative body responsible for the overall policies and direction
of the City. Appointed by the City Council, the City Manager implements City Council policy and laws,
provides overall guidance to operating departments,and is responsible for administering all City programs
to ensure service delivery in an efficient, cost-effective, and quality manner. The City is the 23rd largest
city in California,serving as home to a residential population of 199,778.
SCOPE OF WORK OVERVIEW
The City of Huntington Beach seeks qualifications from well-qualified firms to provide both Federal and
State legislative advocacy services, in support of the City Council's policies and priorities.
Firms may submit qualifications for either or both Federal and State legislative advocacy services. The
services may be awarded separately. Break out proposed fees for both services and provide a cost of
services if awarded both contracts.
To build an effective partnership with the selected firm, this RFP assesses each firm's qualifications and
approach to the proposed scope of work below.
After reviewing the responses received, the City will identify the best consultant(s) to serve our needs
moving ahead.
The following includes a general scope of the work to be pursued by the selected consultant:
Consultant shall perform the services as set forth below.
1. Legislative Priorities
a) Work with the City Council, the City Manager, and other designated City staff to discuss
goals, objectives, opportunities, and priorities.
b) Provide strategic advice regarding the development of legislative positions and priorities.
102
Att 1-July 2023 IRC Staff Report
Legislative Advocacy Update
c) Raise, discuss and assess any affirmative legislative action that may benefit the City, as
needed. In consultation with City staff, determine appropriate positions on relevant
legislation and recommend proactive legislative action, as appropriate.
d) Participate in preparing the legislative policy platform, including identifying potential
policy issues and upcoming legislative proposals, as needed.
2. Advocate on the City's Behalf
a) Testify at the direction of, and on behalf of the City, at hearings before legislative and
regulatory committees.
b) Identify opportunities for City officials to participate in the legislative process and make
recommendations.Those opportunities include, but are not limited to,communication to
members of the U.S. Congress and State Congress, providing testimony at legislative
hearings, and communication with federal and state agencies.
c) Work with legislators for bill authorization and follow appropriations as they concern the
City.
3. Legislative Research and Analysis
a) Review proposed, introduced and amended federal/state legislation, and proposed and
adopted federal/state administrative rules and regulations, to identify and report on
matters potentially affecting the City.
b) At the direction of and on behalf of the City, undertake advocacy, policy analysis and
strategy development on federal/state legislative matters of interest to and/or affecting
the City.
c) Present federal/state legislative issues to the City Council for policy direction as needed.
d) Monitor Federal/State agency rulemaking and notify the City of potential impacts.
4. Communication
a) Regularly communicate with the City,attend monthly briefing calls with City staff monthly
briefings with the Mayor at the Intergovernmental Relations Committee. Provide weekly
and monthly reports on status of legislation and other related updates,and other reports
as needed. Consultant shall direct all communication for the duration of the contract with
the Contract Manager.
b) Provide regular updates on the political landscape in the State and nation's Capital to help
provide context, and identify opportunities and potential issues. At a minimum, provide
monthly reports of activities pursued or accomplished on behalf of the City.
c) Provide updates on proposed, introduced, and amended federal legislation, and
proposed and adopted federal administrative rules and regulations,to identify and report
on matters that potentially affect the City's legislative priorities.
d) Identify potential future legislative issues or opportunities that may interest the City,and
help position the City to benefit from new laws, regulations, policies, programs, and/or
funding opportunities.
e) Prepare position letters, draft legislative language and talking points on legislative,
budgetary, and regulatory issues as necessary.
f) Raise, discuss and assess any affirmative legislative action that may benefit the City, as
needed.
g) In consultation with City staff,determine appropriate positions on relevant legislation and
recommend proactive legislative action, as appropriate.
103
Att 1-July 2023 IRC Staff Report
Legislative Advocacy Update
5. Capitol Asset
a) Support a positive relationship with the President of the United States, members of US
Congress,federal agencies, and State of California lawmakers and agencies.
b) Assist in establishing relations between councilmembers and City staff and legislative
persons, including chairs and consultants of key committees and other important
policymakers.
c) Coordinate meetings for City officials and staff with members of Congress and their staff,
the executive branch, Federal/State agencies and other key stakeholders.
d) Representation in the Capitol and a voice for the City.
6. Financial Outlook
a) Develop a strategic federal/state funding plan, coordinating with City staff and
departments to develop a proactive and comprehensive strategy that serves the City's
priorities. The plan shall identify City projects, outline and prioritize multiple funding
options/opportunities for each project, and evaluate the cost/benefit ratio for each
opportunity.
b) Monitor and report on the federal/state budget and work to secure funding when
appropriate on projects beneficial to City's interests.
7. Grants
a) Support City grant activity, including identifying, researching, and monitoring funding
opportunities,facilitating communication with Federal/State agencies,and advocating for
support of the application from legislators and key stakeholders.
b) Anticipate Grant announcements
c) Develop and implement appropriate strategies for coordinating the City's federal/state
lobbying activities/affairs program with its Federal/State affairs program.
d) Provide meeting opportunities for City staff to discuss potential grant/funding
opportunities and guide them through the application process.
e) Work with the City to identify and evaluate potential funding categories with annual
budget or appropriation bills, and specific funding on grant opportunities.
f) Provide grant writing and follow through monitoring of grant conditions and
requirements.
8. Collaboration
a) Coordinate and cooperate with other municipalities, organizations and firms having
similar legislative objectives as the City. Develop strategies with City staff to identify,
organize, utilize, and coordinate City priorities with its associates and other broad
coalition-based memberships.
b) Coordinate with other local government officials and stakeholders to advocate for
common goals.
9. FPPC Filings
a) Prepare and file all applicable Fair Political Practices Commission lobbying documents and
reports within all applicable deadlines, per the provisions of the Political Reform Act of
1974 as amended. Provide the City notification of any changes or modifications that may
be present.
10. Ethics and Conflicts of Interest:
104
Att 1-July 2023 IRC Staff Report
Legislative Advocacy Update
a) Contractor shall conduct business in such a manner as to foster public confidence in the
integrity of City programming and activities:
b) Contractor shall not solicit, demand, accept or agree to accept from any other person a
gratuity or benefit in connection with the Agreement.
c) Under the Levine Act, Section 84308 of the Government Code, a party to a proceeding
before the City involving a license, permit, or other entitlement for use is required to
disclose on the record of the proceeding any contribution in an amount of more than two
hundred fifty dollars ($250) made within the preceding 12 months by the party or the
party's agent to any elected or appointed officer of the City.
CONTENT OF RESPONSES
Responses submitted to the City should include the following components:
1. Cover Letter
a. A cover letter signed by the individual authorized to represent/ negotiate on behalf
of the responding firm, limit 2 pages.
2. Firm Qualifications
a. An overview of qualifications for the firm, which should include the type of
organization, size, professional registration, and affiliations of the company.
b. Resumes and backgrounds of the principal staff who will be working directly and
regularly on this initiative with the City as well as their roles. Clearly identify the project
lead who will be responsible for the day-to-day management of the contract.
c. Provide a minimum of three (3) references of which the proposer has performed
services of similar scope,within the last the last three years demonstrating experience
relevant to this request and that are related to government advocacy (cities
preferred). Provide the contact person's name, title, address, phone number, and
email address. Provide a list of current clients.
d. Project Manager Reference (1) In addition to the firm's references, provide a
minimum of one (1) reference for a project with similar scope of services within the
most recent five (5)years prior to date of proposal submittal.
e. Describe the Consultant's established strategic relationships with stakeholders, if any,
that the Consultant would partner with to achieve outcomes that support the City's
legislative and policy positions.
f. Explain what you would do in a situation where two or more of your clients have
conflicting views and/or positions on a matter in which you've been asked to advocate
on behalf of the City.
g. Describe your process for identifying grants and to complete a grant application.
h. Provide any suggested modifications to the Scope of Work listed above.
105
Att 1-July 2023 IRC Staff Report
Legislative Advocacy Update
3. Understanding of and Proposed Approach to the RFP Scope of Work:
a. Describe the recommended approach to the City's legislative advocacy needs, as
outlined the Scope of Work RFP.
4. References
Provide a minimum of three (3) references for work similar to this scope of services that
proposer has provided within the last three (3) years. Include a detailed description of the
services,the agency or firm names,contact names,phone numbers,email addresses,and dates
of services performed.
5. Pricing Proposal
Provide a fee schedule/pricing information for the services as set forth in ATTACHMENT I,
which must include:
• Hourly rates for each category of employee
• Monthly retainer not-to-exceed amount
• Annual not-to-exceed amount(Monthly retainer not-to-exceed amount x 12)
The City shall not provide reimbursement for business or travel-related expenses; therefore,
such costs must be absorbed in the hourly rate or lump sum fee structure.
Pricing shall remain firm for the entire agreement term. Thereafter, any proposed pricing
adjustment for follow-on renewal periods shall be submitted to the City Representative in
writing at least ninety(90) days prior to the new Agreement term.
TENTATIVE PROJECT SCHEDULE
This RFP will be governed by the following schedule (all date's subject to change). While the City will
attempt to apply the necessary resources to maintain this schedule,the following dates are tentative and
the City reserves the right to modify this schedule as needed to accommodate the successful completion
of this RFP process.
Project schedule subject to change.
Release of RFP: Monday, May 8, 2023
Deadline for Written Questions: Tuesday, May 30,2023 4:00pm
Responses to Questions Posted on Web: Monday,June 5,2023
Proposals are Due: Monday,June 13, 2023 4:00pm
Interviews: Week of June 26, 2023 if needed
Anticipated Approval of Contract: July 2023
106
Att 1-July 2023!RC Staff Report
Legislative Advocacy Update
SUBMITTAL GUIDELINES
Respondents are required to submit the following:
Complete written proposals must be submitted electronically in PDF file format via the PlanetBids.com
website no later than 4:00 p.m. (P.S.T) on Monday, June 13, 2023. Proposals will not be accepted
after this deadline. Faxed or e-mailed proposals will not be accepted.
QUESTIONS,ANSWERS,AND ADDENDA TO RFP
Prior to the RFP submission deadline, questions may arise regarding the specifications and procedural or
administrative matters.All questions pertaining to this RFP shall be submitted using the City of Huntington
Beach PlanetBids portal, using the "Q&A"tab within this solicitation. Questions will be accepted no later
than the date published on the project schedule. If further clarification is required, proposers shall only
contact the RFP Administrator; Proposers shall not contact any other City staff or elected officials with
questions. Answers will be published to PlanetBids by the date published on the project schedule.'
Changes to the RFP itself shall only be made by the City via formal written addenda. Addenda will be
published and distributed through the Portal. All addenda shall become a part of the RFP document
requiring acknowledgment by the proposer.
It is the sole responsibility of the Proposer to ensure that they have received the entire Request for
Proposal, including any and all questions, answers and addenda by visiting the City of Huntington Beach
PlanetBids portal.
Questions about this RFP must be directed in writing through the PlanetBids Q&A tab no later than 4:00
p.m. PST) on May 30,2023 for response.
It is important to note that the City reserves the right to reject any and all responses. The City will not be
liable for, nor pay for any costs incurred by responding firms relating to the preparation of the response.
An explicit provision of this RFP is that any oral communication is not binding on the City's RFP response
process or selection criteria.
107
Att 1-July 2023 IRC Staff Report
Legislative Advocacy Update
SELECTION OF FIRM
RFP Evaluation Process
The City will coordinate a review and evaluation of all responses received by the City in response to
this RFP. As part of the assessment process, the City will place particular emphasis on the
qualifications / experience of the individuals assigned to the project; directly relevant qualifications/
experience of the firm; the ability for the firm to undertake the management of the RFP scope of
work; and each firm's understanding and proposed approach to the project. The following specific
criteria will be used in the evaluation process:
1. Qualifications and experience of the individuals assigned to the contract
2. Qualifications and experience of the responding firm
3. Experience and track record conducting similar work for similar cities
4. Understanding and approach to the proposed scope of work in Huntington Beach
5. Proposed Fees
The City may also contact and review the proposer's references; contact any bidder to clarify any
response; contact any current users of a bidder's services; solicit information from any available source
concerning any aspect of a Proposal;and seek and review any other information deemed pertinent to the
review process.The City shall not be obligated to accept the lowest-priced Proposal(s), but shall make an
award in the best interests of the City.
After written Proposals have been reviewed, discussions with prospective firms may or may not be
required. If scheduled,the oral interview will be a question/answer format for the purpose of clarifying
the intent of any portions of the Proposals.The individual from your firm that will be directly responsible
for carrying out the contract, if awarded,should be present at the oral interview.
A Notification of Intent to Award may be sent to the vendor selected. Award is contingent upon the
successful negotiation of final contract terms. Negotiations shall be confidential and not subject to
disclosure to competing vendors unless an agreement is reached. If contract negotiations cannot be
concluded successfully, the City may negotiate a contract with the next highest scoring vendor or
withdraw the RFP.
108
Att 1-July 2023 IRC Staff Report
Legislative Advocacy Update
TERMS AND CONDITIONS
The following terms and conditions apply to this RFP:
1. All responses shall become the property of the City.
2. Due care and diligence has been exercised in the preparation of this RFP and all information
contained herein is believed to be substantially correct. However, the responsibility for
determining the full extent of the services rests solely with those making responses. Neither
the City nor its representatives shall be responsible for any error or omission in this response,
nor for the failure on the part of the respondents to determine the full extent of their
exposures.
3. The City reserves the right to select firms from the responses received; to waive any or
all informalities and/or irregularities;to re-advertise with either an identical or revised scope,
or to cancel any requirement in its entirety;or to reject any or all responses received.
4. A response to this RFP does not constitute a formal bid, therefore, the City retains the right
to contact any / all proposing firms after submittal in order to obtain supplemental
information and/or clarification in either oral or written form. Furthermore, an explicit
provision of this RFP is that any oral communication made is not binding on the City's response
process.
5. Insurance Requirements Acknowledgement:
Proposer must acknowledge that, upon awarding of the contract, they/their organization will
be able to provide insurance documents as required by City of Huntington Beach Resolution
2008-63 (see Appendix B).
6. The City will not be liable for, nor pay for any costs incurred by responding firms relating to
the preparation of any response for this RFP.
7. City may disqualify a Proposer if:
a) References fail to substantiate Proposer's description of services and deliverables provided;
or
b) References fail to support that Proposer has a continuing pattern of providing capable,
productive, and skilled personnel; or
c) City is unable to reach the point of contact with reasonable effort. It is the Proposer's
responsibility to inform the point of contact(s) of normal City working hours.
d) Proposer(s) contacts any other City staff or elected officials with questions or comments
related to this RFQ, or any other regard.
Please carefully review the Sample Agreement(Appendix A) and Insurance Requirements
(Appendix B) before responding to the Request for Qualifications enclosed herein. The
terms of the agreement, including insurance requirements have been mandated by City
Council, and can be modified only if extraordinary circumstances exist. Your response to
the Request for Qualifications must indicate if you are unwilling or unable to execute the
agreement as drafted as well as providing the insurance requirements. The City will
consider this in determining responsiveness to the Request for Qualifications.
109
Att 1-July 2023 IRC Staff Report
Legislative Advocacy Update
APPENDIX A
110
Att 1-July 2023 IRC Staff Report
Legislative Advocacy Update
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
FOR
THIS AGREEMENT ("Agreement") is made and entered into by and between the City of
Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as
"CITY," and , a hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to ; and
Pursuant to documentation on file in the office of the City Clerk, the provisions of the
Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service
contracts have been complied with; and
CONSULTANT has been selected to perform these services,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
1. SCOPE OF SERVICES
CONSULTANT shall provide all services as described in Exhibit "A," which is
attached hereto and incorporated into this Agreement by this reference. These services shall
sometimes hereinafter be referred to as the "PROJECT."
CONSULTANT hereby designates who shall represent it and be its sole
contact and agent in all consultations with CITY during the performance of this Agreement.
2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT in the
performance of this Agreement.
3. TERM; TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT are to
commence on , 20 (the "Commencement Date"). This Agreement
agree/surfnet/professional svcs mayor 1 of 11
5/19-204082
111
Att 1-July 2023 IRC Staff Report
Legislative Advocacy Update
shall automatically terminate three (3) years from the Commencement Date, unless extended or
sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no
later than from the Commencement Date. The time for performance of the tasks identified in
Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit
the PROJECT if mutually agreed to in writing by CITY and CONSULTANT.
In the event the Commencement Date precedes the Effective Date, CONSULTANT
shall be bound by all terms and conditions as provided herein.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY agrees to
pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is
attached hereto and incorporated by reference into this Agreement, a fee, including all costs and
expenses,not to exceed Dollars ($ ).
5. EXTRA WORK
In the event CITY requires additional services not included in Exhibit "A" or
changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such
work only after receiving written authorization from CITY. Additional compensation for such extra
work shall be allowed only if the prior written approval of CITY is obtained.
6. METHOD OF PAYMENT
CONSULTANT shall be paid pursuant to the terms of Exhibit "B."
7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that title to all materials prepared hereunder, including,
without limitation, all original drawings, designs, reports, both field and office notices, calculations,
computer code, language, data or programs, maps, memoranda, letters and other documents, shall
belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or
agree/surfnet/professional svcs mayor 2 of 11
5/19-204082
112
Att 1-July 2023 IRC Staff Report
Legislative Advocacy Update
termination of this Agreement or upon PROJECT completion, whichever shall occur first. These
materials may be used by CITY as it sees fit.
8. HOLD HARMLESS
A. CONSULTANT hereby agrees to protect, defend, indemnify and hold
harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from
and against any and all claims, damages, losses, expenses,judgments, demands and defense costs
(including, without limitation, costs and fees of litigation of every nature or liability of any kind or
nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors,
if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with
any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or
employees except such loss or damage which was caused by the sole negligence or willful
misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and
CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all
claims and liability regardless of whether any insurance policies are applicable. The policy limits
do not act as limitation upon the amount of indemnification to be provided by CONSULTANT.
B. To the extent that CONSULTANT performs "Design Professional Services" within
the meaning of Civil Code Section 2782.8, then the following Hold Harmless provision applies in
place of subsection A above:
"CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless
CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and
against any and all claims, damages, losses, expenses, demands and defense costs (including,
without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to
the extent that the claims against CONSULTANT arise out of,pertain to, or relate to the negligence,
recklessness, or willful misconduct of CONSULTANT. In no event shall the cost to defend charged
agree/surthet/professional svcs mayor 3 of 11
5/19-204082
113
Att 1-July 2023 IRC Staff Report
Legislative Advocacy Update
to CONSULTANT exceed CONSULTANT's proportionate percentage of fault. However,
notwithstanding the previous sentence, in the event one or more other defendants to the claims
and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the
business, CONSULTANT shall meet and confer with CITY and other defendants regarding unpaid
defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as
provided in California Civil Code Section 2782.8.
C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by
CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation.
This indemnity shall apply to all claims and liability regardless of whether any insurance policies
are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be
provided by CONSULTANT.
9. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall obtain and furnish to CITY a professional liability insurance
policy covering the work performed by it hereunder. This policy shall provide coverage for
CONSULTANT's professional liability in an amount not less than One Million Dollars
($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not
contain a self-insured retention without the express written consent of CITY; however an insurance
policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made
policy shall be acceptable if the policy further provides that:
A. The policy retroactive date coincides with or precedes the initiation of the
scope of work (including subsequent policies purchased as renewals or
replacements).
B. CONSULTANT shall notify CITY of circumstances or incidents that might
give rise to future claims.
agree/surfnet/professional svcs mayor 4 of 11
5/19-204082
114
Att 1-July 2023 IRC Staff Report
Legislative Advocacy Update
CONSULTANT will make every effort to maintain similar insurance during the
required extended period of coverage following PROJECT completion. If insurance is terminated
for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two
(2)years to report claims arising from work performed in connection with this Agreement.
If CONSULTANT fails or refuses to produce or maintain the insurance required by
this section or fails or refuses to furnish the CITY with required proof that insurance has been
procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to
forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid
for its time and materials expended prior to notification of termination. CONSULTANT waives the
right to receive compensation and agrees to indemnify the CITY for any work performed prior to
approval of insurance by the CITY.
10. CERTIFICATE OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT shall
furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the
foregoing insurance coverage as required by this Agreement; the certificate shall:
A. provide the name and policy number of each carrier and policy;
B. state that the policy is currently in force; and
C. shall promise that such policy shall not be suspended, voided or canceled by
either party, reduced in coverage or in limits except after thirty (30) days'
prior written notice; however, ten (10) days' prior written notice in the event
of cancellation for nonpayment of premium.
CONSULTANT shall maintain the foregoing insurance coverage in force until the
work under this Agreement is fully completed and accepted by CITY.
agree/surfnet/professional svcs mayor 5 of 11
5/19-204082
115
Att 1-July 2023 IRC Staff Report
Legislative Advocacy Update
The requirement for carrying the foregoing insurance coverage shall not derogate
from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this
Agreement. CITY or its representative shall at all times have the right to demand the original or a
copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the
premiums on the insurance hereinabove required.
11. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of this
Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT
shall secure at its own cost and expense, and be responsible for any and all payment of all taxes,
social security, state disability insurance compensation, unemployment compensation and other
payroll deductions for CONSULTANT and its officers, agents and employees and all business
licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder.
12. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good and workmanlike manner.
CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and
whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall
be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the
event of termination, all finished and unfmished documents, exhibits, report, and evidence shall, at
the option of CITY,become its property and shall be promptly delivered to it by CONSULTANT.
13. ASSIGNMENT AND DELEGATION
This Agreement is a personal service contract and the work hereunder shall not be
assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the
prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all
agree/surfnet/professional svcs mayor 6 of 11
5/19-204082
116
Att 1-July 2023 IRC Staff Report
Legislative Advocacy Update
approved assignees, delegates and subconsultants must satisfy the insurance requirements as set
forth in Sections 9 and 10 hereinabove.
14. COPYRIGHTS/PATENTS
CITY shall own all rights to any patent or copyright on any work, item or material
produced as a result of this Agreement.
15. CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any regular CITY employee in
the work performed pursuant to this Agreement. No officer or employee of CITY shall have any
financial interest in this Agreement in violation of the applicable provisions of the California
Government Code.
16. NOTICES
Any notices, certificates, or other communications hereunder shall be given either by
personal delivery to CONSULTANT's agent(as designated in Section 1 hereinabove) or to CITY as
the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and
depositing the same in the United States Postal Service,to the addresses specified below. CITY and
CONSULTANT may designate different addresses to which subsequent notices, certificates or
other communications will be sent by notifying the other party via personal delivery, a reputable
overnight carrier or U. S. certified mail-return receipt requested:
TO CITY: TO CONSULTANT:
City of Huntington Beach
ATTN:
2000 Main Street
Huntington Beach, CA 92648
agree/surfnet/professional svcs mayor 7 of 11
5/19-204082
117
Att 1-July 2023 IRC Staff Report
Legislative Advocacy Update
17. CONSENT
When CITY's consent/approval is required under this Agreement, its
consent/approval for one transaction or event shall not be deemed to be a consent/approval to any
subsequent occurrence of the same or any other transaction or event.
18. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid unless in
writing and duly executed by both parties.
19. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive phrases
at the beginning of the various sections in this Agreement are merely descriptive and are included
solely for convenience of reference only and are not representative of matters included or excluded
from such provisions, and do not interpret, define, limit or describe, or construe the intent of the
parties or affect the construction or interpretation of any provision of this Agreement.
20. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed as a
whole, according to its fair meaning, and not strictly for or against any of the parties. If any
provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be
unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining
covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent
upon any other unless so expressly provided here. As used in this Agreement, the masculine or
neuter gender and singular or plural number shall be deemed to include the other whenever the
context so indicates or requires. Nothing contained herein shall be construed so as to require the
commission of any act contrary to law, and wherever there is any conflict between any provision
contained herein and any present or future statute, law, ordinance or regulation contrary to which
agree/surfnet/professional svcs mayor 8 of 11
5/19-204082
118
Att 1-July 2023 IRC Staff Report
Legislative Advocacy Update
the parties have no right to contract, then the latter shall prevail, and the provision of this
Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to
bring it within the requirements of the law.
21. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been prepared
and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the
date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed
an original instrument as against any party who has signed it.
22. IMMIGRATION
CONSULTANT shall be responsible for full compliance with the immigration and
naturalization laws of the United States and shall, in particular, comply with the provisions of the
United States Code regarding employment verification.
23. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONSULTANT and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly outside the
scope of services contemplated hereunder. CONSULTANT understands that pursuant to
Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for
CITY; and CITY shall not be liable for payment of any legal services expenses incurred by
CONSULTANT.
24. ATTORNEY'S FEES
In the event suit is brought by either party to construe, interpret and/or enforce the
terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear
its own attorney's fees, such that the prevailing party shall not be entitled to recover its attomey's
fees from the nonprevailing party.
agree/surfnet/professional svcs mayor 9 of 11
5/19-204082
119
Att 1-July 2023 IRC Staff Report
Legislative Advocacy Update
25. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context survive
the expiration or termination of this Agreement, shall so survive.
26. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the
State of California.
27. SIGNATORIES
Each undersigned represents and warrants that its signature hereinbelow has the
power, authority and right to bind their respective parties to each of the terms of this Agreement,
and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority
or power is not, in fact,held by the signatory or is withdrawn.
28. ENTIRETY
The parties acknowledge and agree that they are entering into this Agreement freely
and voluntarily following extensive arm's length negotiation, and that each has had the opportunity
to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and
agree that no representations, inducements, promises, agreements or warranties, oral or otherwise,
have been made by that party or anyone acting on that party's behalf,which are not embodied in this
Agreement, and that that party has not executed this Agreement in reliance on any representation,
inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this
Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the
parties respecting the subject matter of this Agreement, and supersede all prior understandings and
agreements whether oral or in writing between the parties respecting the subject matter hereof.
agree!surtnet/professional svcs mayor 10 of 11
5/19-204082
120
Att 1-July 2023 IRC Staff Report
Legislative Advocacy Update
29. EFFECTIVE DATE
This Agreement shall be effective on the date of its approval by the City Council.
This Agreement shall expire when terminated as provided herein.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
and through their authorized officers.
CONSULTANT,
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
COMPANY NAME California
Mayor
By:
print name City Clerk
ITS: (circle one)Chairman/President/Vice President
AND INITIATED AND APPROVED:
By:
print name
ITS: (circle one)Secretary/Chief Financial Officer/Asst.
Secretary-Treasurer REVIEWED AND APPROVED:
City Manager
APPROVED AS TO FORM:
City Attorney
agree/surfiiet/professional svcs mayor 11 of 11
5/19-204082
121
Att 1-July 2023 IRC Staff Report
Legislative Advocacy Update
EXIIIBIT "A"
A. STATEMENT OF WORK: (Narrative of work to be performed)
B. CONSULTANT'S DUTIES AND RESPONSIBILITIES:
C. CITY'S DUTIES AND RESPONSIBILITIES:
D. WORK PROGRAM/PROJECT SCHEDULE:
EXHIBIT A
122
Att 1-July 2023 IRC Staff Report
Legislative Advocacy Update
EXHIBIT `B"
Payment Schedule (Hourly Payment)
A. Hourly Rate
CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost
schedule:
B. Travel Charges for time during travel are not reimbursable.
C. Billing
1. All billing shall be done monthly in fifteen (15) minute increments and matched to an
appropriate breakdown of the time that was taken to perform that work and who
performed it.
2. Each month's bill should include a total to date. That total should provide, at a glance,
the total fees and costs incurred to date for the project.
3. A copy of memoranda, letters, reports, calculations and other documentation prepared
by CONSULTANT may be required to be submitted to CITY to demonstrate progress
toward completion of tasks. In the event CITY rejects or has comments on any such
product, CITY shall identify specific requirements for satisfactory completion.
4. CONSULTANT shall submit to CITY an invoice for each monthly payment due.
Such invoice shall:
A) Reference this Agreement;
B) Describe the services performed;
C) Show the total amount of the payment due;
D) Include a certification by a principal member of CONSULTANT's firm that
the work has been performed in accordance with the provisions of this
Agreement; and
E) For all payments include an estimate of the percentage of work completed.
Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is
making satisfactory progress toward completion of tasks in accordance with this
Agreement, CITY shall approve the invoice, in which event payment shall be made
within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be
unreasonably withheld. If CITY does not approve an invoice, CITY shall notify
CONSULTANT in writing of the reasons for non-approval and the schedule of
performance set forth in Exhibit "A" may at the option of CITY be suspended until
the parties agree that past performance by CONSULTANT is in, or has been brought
into compliance, or until this Agreement has expired or is terminated as provided
herein.
1
Exhibit B
123
Att 1-July 2023 IRC Staff Report
Legislative Advocacy Update
5. Any billings for extra work or additional services authorized in advance and in writing
by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the
information required above, and in addition shall list the hours expended and hourly
rate charged for such time. Such invoices shall be approved by CITY if the work
performed is in accordance with the extra work or additional services requested, and if
CITY is satisfied that the statement of hours worked and costs incurred is accurate.
Such approval shall not be unreasonably withheld. Any dispute between the parties
concerning payment of such an invoice shall be treated as separate and apart from the
ongoing performance of the remainder of this Agreement.
2
Exhibit B
124
Att 1-July 2023 IRC Staff Report
Legislative Advocacy Update
EXHIBIT "B"
Payment Schedule(Fixed Fee Payment)
1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set
forth herein in accordance with the following progress and payment schedules.
2. Delivery of work product: A copy of every memorandum, letter, report, calculation and
other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress
toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY
shall identify specific requirements for satisfactory completion.
3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment
due. Such invoice shall:
A) Reference this Agreement;
B) Describe the services performed;
C) Show the total amount of the payment due;
D) Include a certification by a principal member of CONSULTANT's firm that the
work has been performed in accordance with the provisions of this Agreement;
and
E) For all payments include an estimate of the percentage of work completed.
Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making
satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall
approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the
invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an
invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule
of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree
that past performance by CONSULTANT is in, or has been brought into compliance, or until this
Agreement has expired or is terminated as provided herein.
4. Any billings for extra work or additional services authorized in advance and in writing
by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information
required above, and in addition shall list the hours expended and hourly rate charged for such time.
Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or
additional services requested, and if CITY is satisfied that the statement of hours worked and costs
incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the
parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing
performance of the remainder of this Agreement.
Exhibit B
125
Att 1-July 2023 IRC Staff Report
Legislative Advocacy Update
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
FOR
Table of Contents
1 Scope of Services 1
2 City Staff Assistance 2
3 Term; Time of Performance 2
4 Compensation 2
5 Extra Work 2
6 Method of Payment 3
7 Disposition of Plans, Estimates and Other Documents 3
8 Hold Harmless 3
9 Professional Liability Insurance 4
10 Certificate of Insurance 5
11 Independent Contractor 6
12 Termination of Agreement 6
13 Assignment and Delegation 6
14 Copyrights/Patents 7
15 City Employees and Officials 7
16 Notices 7
17 Consent 8
18 Modification 8
19 Section Headings 8
20 Interpretation of this Agreement 8
21 Duplicate Original 9
22 Immigration 9
23 Legal Services Subcontracting Prohibited 9
24 Attorney's Fees 10
25 Survival 10
26 Governing Law 10
27 Signatories 10
28 Entirety 10
29 Effective Date 11
126
Att 1-July 2023 IRC Staff Report
Legislative Advocacy Update
APPENDIX B
127
Att 1-July 2023 IRC Staff Report
Legislative Advocacy Update
CITY OF HUNTINGTON BEACH INSURANCE REQUIREMENTS
Minimum Insurance Requirements
Vendor Type Additional
Automobile Professional Property Insured
Liability General Liability Liability Insurance Workers'Comp Endorsements
Huntington Beach City Council Resolution No.2008-63 requires submittal of certificates of insurance evidencing the following minimum limits with a California
admitted carrier with a current A.M.Best's Rating of no less than A:VII.See Exhibits Al-4 for sample forms.
Email:Justin.Wessels@surfcity-hb.org or Heather.Campbell@,surfcity-hb.org Phone: 714-374-5378 or 714-536-5210.Fax: 714-536-5212.
Any deductible other than those allowed in this matrix,self-insured retentions or similar forms of coverage limitations or modifications must be approved by the Risk
Manager and City Attorney of the City of Huntington Beach. NOTE: Waivers and/or modifications are discouraged and will be considered only under extraordinary
circumstances.
Contractors: Any persons or entities who Minimum of Combined single limit As required by Include the
contract with the City and/or provide services to $1,000,000 per bodily injury and the State of policy number
the City which are readily available and occurrence for property damage. California,with and Additional
efficiently procured by competitive bidding. bodily injury, Minimum of Statutory Limits Insured
personal injury $1,000,000 per and Employer's Endorsement
and property occurrence.Allows Liability Requirement
Permittees: Any persons or entities who make damages.Allows up to$5,000 Insurance with statement
application to the City for any use of or up to$1,000 deductible. a limit of no below. (See Note
encroachment upon any public street,waterway, deductible.(See (Additional Insured less than 3 below.)
pier,or City property. Note 1 below.) Endorsement is always y $1,000,000 per
Vendors: Any persons or entities who transfers required with General accident for
property or goods to the City which may or may Liability Ins.) bodily injury or
not involve delivery and/or installation. disease. (See
Note 2 below.)
Note 1 -Automobile Liability: The City of Huntington Beach,its officers,elected or appointed officials,employees,agents and volunteers must be named as
certificate holder and as additional insured by separate attached endorsement.Permittees who do not use vehicles or equipment in connection with the permit
shall not be required to provide auto insurance.To be exempt from this requirement,permittees must execute a declaration such as Exhibit 1 attached.
Note 2-Workers'Compensation Exemption: If entity has no employees, a signed Declaration of Non-Employee Status form is required.
Note 3 -Additional Insured Endorsement Requirements: The City,its officers,elected or appointed officials, employees,agents,and volunteers are to be
covered as additional insureds by separate attached endorsement(s)as respects liability arising out of action performed by or on behalf of the contractor,
products and completed operations of the contractor,premises owned,occupied or used by the contractor, or automobiles owned,leased or borrowed by the
contractor.The coverage shall contain no special limitations on the scope of protection afforded to the City.
128
HB Insurance Matrix revised 4-7-16(2).xlsx I of 4
Att 1-July 2023 IRC Staff Report
Legislative Advocacy Update
CITY OF HUNTINGTON BEACH INSURANCE REQUIREMENTS
Minimum Insurance Requirements
Vendor Type Additional
Automobile Professional Property Insured
Liability General Liability Liability Insurance Workers'Comp Endorsements
Huntington Beach City Council Resolution No. 2008-63 requires submittal of certificates of insurance evidencing the following minimum limits with a California
admitted carrier with a current A.M.Best's Rating of no less than A:VH.See Exhibits Al-4 for sample forms.
Email:Justin.Wessels@surfcity-hb.org or Heather.Campbell@surfcity-hb.org Phone: 714-374-5378 or 714-536-5210.Fax: 714-536-5212.
Any deductible other than those allowed in this matrix,self-insured retentions or similar forms of coverage limitations or modifications must be approved by the Risk
Manager and City Attorney of the City of Huntington Beach. NOTE: Waivers and/or modifications are discouraged and will be considered only under extraordinary
circumstances.
Design Professionals: Professional service Minimum of
contractors who contract with the City and/or $1,000,000 per
provide architectural and/or engineering services occurrence and
to the City. in the
Professional Services: Services that involve aggregate.
Allows up to
the exercise of professional discretion and $10,000
independent judgment based on an advanced or deductible.
specialized knowledge, expertise or training
gained by formal studies or experience or
services which are not readily or efficiently
procured by competitive bidding pursuant to HB
Muni Code 3.02. Services includes but are not
limited to those services provided by appraisers,
architects, attorneys,engineers,instructors,
insurance advisors,physicians and other
specialized consultants.
Claims made policies are acceptable if the policy further provides that:
1)The policy retroactive date coincides with or precedes the professional services contractor's start of work(including subsequent policies purchased as
renewals or replacements).
2)The professional services contractor will make every effort to maintain similar insurance during the required extended period of coverage following project
completion,including the requirement of adding all additional insureds.
3)If insurance is terminated for any reason,professional services contractor agrees to purchase an extended reporting provision of at least two(2)years to
report claims arising from work performed in connection with this agreement or permit.
4)The reporting of circumstances or incidents that might give rise to future claims.
129
HB Insurance Matrix_revised 4-7-16(2).xlsx 2 of 4
Att 1-July 2023 IRC Staff Report
Legislative Advocacy Update
CITY OF HUNTINGTON BEACH INSURANCE REQUIREMENTS
Minimum Insurance Requirements
Vendor Type Additional
Automobile Professional Property Insured
Liability General Liability Liability Insurance Workers'Comp Endorsements
Huntington Beach City Council Resolution No.2008-63 requires submittal of certificates of insurance evidencing the following minimum limits with a California
admitted carrier with a current A.M.Best's Rating of no less than A:VII.See Exhibits Al-4 for sample forms.
Email:Justin.Wessels@surfcity-hb.org or Heather.Campbell@surfcity-hb.org Phone: 714-374-5378 or 714-536-5210.Fax: 714-536-5212.
Any deductible other than those allowed in this matrix,self-insured retentions or similar forms of coverage limitations or modifications must be approved by the Risk
Manager and City Attorney of the City of Huntington Beach. NOTE: Waivers and/or modifications are discouraged and will be considered only under extraordinary
circumstances.
Licensees/Lessees: Any persons or entities Combined single limit Full As required by Include the
who contract with the City for the use of public bodily injury and replacement the State of policy number
property. property damage. cost with no California,with and Additional
Minimum of coinsurance Statutory Limits Insured
$1,000,000 per penalty and Employer's Endorsement
occurrence.Allows provision. Liability Requirement
up to$5,000 Insurance with statement
deductible. a limit of no below.(See Note
(Additional Insurance less than 2)
Endorsement is always $1,000,000 per
required with General accident for
Liability Ins.) bodilyinjury i J rY or
disease. (See
Note 1 below)
Note 1 -Workers'Compensation Exemption:If entity has no employees,a signed Declaration of Non-Employee Status form is required.
Note 2-Additional Insured Endorsement Requirements:The City,its officers,elected or appointed officials,employees,agents, and volunteers are to be
covered as additional insureds by separate attached endorsement(s)as respects liability arising out of action performed by or on behalf of the contractor,
products and completed operations of the contractor,premises owned,occupied or used by the contractor,or automobiles owned,leased or borrowed by the
contractor.The coverage shall contain no special limitations on the scope of protection afforded to the City.
130
HB Insurance Matrix revised 4-7-16(2).xlsx 3 of 4
Att 1-July 2023 IRC Staff Report
Legislative Advocacy Update
CITY OF HUNTINGTON BEACH INSURANCE REQUIREMENTS
Huntington Beach City Council Resolution No.2008-63 requires submittal of certificates of insurance evidencing the
following minimum limits with a California admitted carrier with a current A.M.Best's Rating of no less than A:VIL
Any deductible other than those allowed in this matrix,self-insured retentions or similar forms of coverage limitations or
modifications must be approved by the Risk Manager and City Attorney of the City of Huntington Beach. NOTE: Waivers
and/or modifications are discouraged and will be considered only under extraordinary circumstances.
Vendor Type Minimum Insurance Requirements
Professional Liability
Design Professionals: Professional service contractors who Minimum of$1,000,000 per occurrence and in
contract with the City and/or provide architectural and/or the aggregate.Allows up to$10,000 deductible.
engineering services to the City.
Professional Services: Services that involve the exercise of
professional discretion and independent judgment based on an
advanced or specialized knowledge,expertise or training gained by
formal studies or experience or services which are not readily or
efficiently procured by competitive bidding pursuant to HB Muni
Code 3.02. Services includes but is not limited to those services
provided by appraisers, architects,attorneys,engineers,instructors,
insurance advisors,physicians and other specialized consultants.
Claims made policies are acceptable if the policy further provides that:
1)The policy retroactive date coincides with or precedes the professional services contractor's start of work
(including subsequent policies purchased as renewals or replacements).
2)The professional services contractor will make every effort to maintain similar insurance during the required
extended period of coverage following project completion,including the requirement of adding all additional
insureds.
3)If insurance is terminated for any reason,professional services contractor agrees to purchase an extended reporting
provision of at least two(2)years to report claims arising from work performed in connection with this agreement or
permit.
4)The reporting of circumstances or incidents that might give rise to future claims.
131
HB Insurance Matrix_revised 4-7-16(2).xlsx 4 of 4
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
STAPLETON &ASSOCIATES
FOR
FEDERAL LEGISLATIVE ADVOCACY SERVICES
THIS AGREEMENT ("Agreement") is made and entered into by and between the
City of Huntington Beach, a municipal corporation of the State of California, hereinafter
referred to as "CITY," and, STAPLETON & ASSOCIATES., a hereinafter referred to as
"CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to perform
Federal Legislative Advocacy Services; and
Pursuant to documentation on file in the.office of the City Clerk, the provisions of
the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of
professional service contracts have been complied with; and
CONSULTANT has been selected to perform these services,
NOW, THEREFORE, it'is agreed by CITY and CONSULTANT as follows:
1. SCOPE OF SERVICES
CONSULTANT shall provide all services as described in Exhibit "A,"
which is attached hereto and incorporated into this Agreement by this reference. These
services shall sometimes hereinafter be referred to as the "PROJECT."
CONSULTANT hereby designates Thomas Stapleton who shall represent it
and be its sole contact and agent in all consultations with CITY during the performance of
this Agreement.
23-13256/317311
1 of 12
2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT
in the performance of this Agreement.
3. TERM; TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT
are to commence on 0/5' , 2023 (the "Commencement Date"). This Agreement shall
automatically terminate two (2) years from the Commencement Date, unless extended or
sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be
completed no later than two (2) years from the Commencement Date. The time for
performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit
"A." This schedule may be amended to benefit the PROJECT if mutually agreed to in
writing by CITY and CONSULTANT.
In the event the Commencement Date precedes the Effective Date,
CONSULTANT shall be bound by all terms and conditions as provided herein.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY
agrees to pay CONSULTANT on a time and materials basis at the rates specified in
Exhibit "B," which is attached hereto and incorporated by reference into this Agreement,
a fee, including all costs and expenses, not to exceed One Hundred Eighty Thousand
Dollars ($180,000).
5. EXTRA WORK
In the event CITY requires additional services not included in Exhibit "A"
or changes in the scope of services described in Exhibit "A," CONSULTANT will
undertake such work only after receiving written authorization from CITY. Additional
23-13256/317311
2 of 12
compensation for such extra work shall be allowed only if the prior written approval of
CITY is obtained.
6. METHOD OF PAYMENT
CONSULTANT shall be paid pursuant to the terms of Exhibit "B."
7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that title to all materials prepared hereunder,
including, without limitation, all original drawings, designs, reports, both field and office
notices, calculations, computer code, language, data or programs, maps, memoranda,
letters and other documents, shall belong to CITY, and CONSULTANT shall turn these
materials over to CITY upon expiration or termination of this Agreement or upon
PROJECT completion, whichever shall occur first. These materials may be used by CITY
as it sees fit.
8. HOLD HARMLESS
A. CONSULTANT hereby agrees to protect, defend, indemnify and
hold harmless CITY, its officers, elected or appointed officials, employees, agents and
volunteers from and against any and all claims, damages, losses, expenses, judgments,
demands and defense costs (including, without limitation, costs and fees of litigation of
every nature or liability of any kind or nature) arising out of or in connection with
CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged
negligent) performance of this Agreement or its failure to comply with any of its
obligations contained in this Agreement by CONSULTANT, its officers, agents or
employees except such loss or damage which was caused by the sole negligence or willful
misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense
and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall
23-13256/317311
3of12
apply to all claims and liability regardless of whether any insurance policies are applicable.
The policy limits do not act as limitation upon the amount of indemnification to be
provided by CONSULTANT.
B. To the extent that CONSULTANT performs "Design Professional
Services" within the meaning of Civil Code Section 2782.8, then the following Hold
Harmless provision applies in place of subsection A above:
"CONSULTANT hereby agrees to protect, defend, indemnify and hold
harmless CITY and its officers, elected or appointed officials, employees, agents and
volunteers, from and against any and all claims, damages, losses, expenses, demands and
defense costs (including, without limitation, costs and fees of litigation of every nature or
liability of any kind or nature) to the extent that the claims against CONSULTANT arise
out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of
CONSULTANT. In no event shall the cost to defend charged to CONSULTANT exceed
CONSULTANT's proportionate percentage of fault. However, notwithstanding the
previous sentence, in the event one or more other defendants to the claims and/or litigation
is unable to pay its share of defense costs due to bankruptcy or dissolution of the business,
CONSULTANT shall meet and confer with CITY and other defendants regarding unpaid
defense costs. The duty to indemnify, including the duty and the cost to defend, is limited
as provided in California Civil Code Section 2782.8.
C. Regardless of whether subparagraph A or B applies, CITY shall be
reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in
enforcing this obligation. This indemnity shall apply to all claims and liability regardless
of whether any insurance policies are applicable. The policy limits do not act as a
limitation upon the amount of indemnification to be provided by CONSULTANT.
23-13256/317311
4 of 12
9. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall obtain and furnish to CITY a professional liability
insurance policy covering the work performed by it hereunder. This policy shall provide
coverage for CONSULTANT's professional liability in an amount not less than One
Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above-
mentioned insurance shall not contain a self-insured retention without the express written
consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars
($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy
further provides that:
A. The policy retroactive date coincides with or precedes the initiation
of the scope of work (including subsequent policies purchased as
renewals or replacements).
B. CONSULTANT shall notify CITY of circumstances or incidents
that might give rise to future claims.
CONSULTANT will make every effort to maintain similar insurance during
the required extended period of coverage following PROJECT completion. If insurance is
terminated for any reason, CONSULTANT agrees to purchase an extended reporting
provision of at least two (2) years to report claims arising from work performed in
connection with this Agreement.
If CONSULTANT fails or refuses to produce or maintain the insurance
required by this section or fails or refuses to furnish the CITY with required proof that
insurance has been procured and is in force and paid for, the CITY shall have the right, at
the CITY's election, to forthwith terminate this Agreement. Such termination shall not
23-13256/317311
5 of 12
effect Consultant's right to be paid for its time and materials expended prior to notification
of termination. CONSULTANT waives the right to receive compensation and agrees to
indemnify the CITY for any work performed prior to approval of insurance by the CITY.
10. CERTIFICATE OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT
shall furnish to CITY a certificate of insurance subject to approval of the City Attorney
evidencing the foregoing insurance coverage as required by this Agreement; the certificate
shall:
A. provide the name and policy number of each carrier and policy;
B. state that the policy is currently in force; and
C. shall promise that such policy shall not be suspended, voided or
canceled by either party, reduced in coverage or in limits except
after thirty (30) days' prior written notice; however, ten (10) days'
prior written notice in the event of cancellation for nonpayment of
premium.
CONSULTANT shall maintain the foregoing insurance coverage in force
until the work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverage shall not
derogate from CONSULTANT's defense, hold harmless and indemnification obligations as
set forth in this Agreement. CITY or its representative shall at all times have the right to
demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a
prompt and timely manner, the premiums on the insurance hereinabove required.
23-13256/317311
6 of 12
11. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of
this Agreement as an independent contractor herein and not as an employee of CITY.
CONSULTANT shall secure at its own cost and expense, and be responsible for any and
all payment of all taxes, social security, state disability insurance compensation,
unemployment compensation and other payroll deductions for CONSULTANT and its
officers,,agents and employees and all business licenses, if any, in connection with the
PROJECT and/or the services to be performed hereunder.
12. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good and workmanlike
manner. CITY may terminate CONSULTANT's services hereunder at any time with or
without cause, and whether or not the PROJECT is fully complete. Any termination of this
Agreement by CITY shall be made in writing, notice of which shall be delivered to
CONSULTANT as provided herein. In the event of termination, all finished and
unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become
its property and shall be promptly delivered to it by CONSULTANT.
13. ASSIGNMENT AND DELEGATION
This Agreement is a personal service contract and the work hereunder shall
not be assigned, delegated or subcontracted by CONSULTANT to any other person or
entity without the prior express written consent of CITY. If an assignment, delegation or
subcontract is approved, all approved assignees, delegates and subconsultants must satisfy
the insurance requirements as set forth in Sections 9 and 10 hereinabove.
23-13256/317311
7 of 12
14. COPYRIGHTS/PATENTS
CITY shall own all rights to any patent or copyright on any work, item or
material produced as a result of this Agreement.
15. CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any regular CITY
employee in the work performed pursuant to this Agreement. No officer or employee of
CITY shall have any financial interest in this Agreement in violation of the applicable
provisions of the California Government Code.
16. NOTICES
Any notices, certificates, or other communications hereunder shall be given
either by personal delivery to CONSULTANT's agent (as designated in Section 1
hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed
envelope, postage prepaid, and depositing the same in the United States Postal Service, to
the addresses specified below. CITY and CONSULTANT may designate different
addresses to which subsequent notices, certificates or other communications will be sent by
notifying the other party via personal delivery, a reputable overnight carrier or U. S.
certified mail-return receipt requested:
TO CITY: TO CONSULTANT:
City of Huntington Beach Stapleton & Associates
ATTN: City Manager ATTN: Thomas Stapleton
2000 Main Street 8504 Wendell Drive
Huntington Beach, CA 92648 Alexandria, VA 22308
23-13256/317311
8 of 12
17. CONSENT
When CITY's consent/approval is required under this Agreement, its
consent/approval for one transaction or event shall not be deemed to be a consent/approval
to any subsequent occurrence of the same or any other transaction or event.
18. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid
unless in writing and duly executed by both parties.
19. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive
phrases at the beginning of the various sections in this Agreement are merely descriptive
and are included solely for convenience of reference only and are not representative of
matters included or excluded from such provisions, and do not interpret, define, limit or
describe, or construe the intent of the parties or affect the construction or interpretation of
any provision of this Agreement.
20. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed
as a whole, according to its fair meaning, and not strictly for or against any of the parties.
If any provision of this Agreement is held by an arbitrator or court of competent
jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate
or affect the remaining covenants and provisions of this Agreement. No covenant or
provision shall be deemed dependent upon any other unless so expressly provided here.
As used in this Agreement, the masculine or neuter gender and singular or plural number
shall be deemed to include the other whenever the context so indicates or requires.
Nothing contained herein shall be construed so as to require the commission of any act
23-13256/3 173 1 1
9 of 12
contrary to law, and wherever there is any conflict between any provision contained herein
and any present or future statute, law, ordinance or regulation contrary to which the parties
have no right to contract, then the latter shall prevail, and the provision of this Agreement
which is hereby affected shall be curtailed and limited only to the extent necessary to bring
it within the requirements of the law.
21. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been
prepared and signed in counterparts as duplicate originals, each of which so executed shall,
irrespective of the date of its execution and delivery, be deemed an original. Each
duplicate original shall be deemed an original instrument as against any party who has
signed it.
22. IMMIGRATION
CONSULTANT shall be responsible for full compliance with the
immigration and naturalization laws of the United States and shall, in particular, comply
with the provisions of the United States Code regarding employment verification.
23. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONSULTANT and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly
outside the scope of services contemplated hereunder. CONSULTANT understands that
pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive
legal counsel for CITY; and CITY shall not be liable for payment of any legal services
expenses incurred by CONSULTANT.
23-13256/317311
10 of 12
24. ATTORNEY'S FEES
In the event suit is brought by either party to construe, interpret and/or
enforce the terms and/or provisions of this Agreement or to secure the performance hereof,
each party shall bear its own attorney's fees, such that the prevailing party shall not be
entitled to recover its attorney's fees from the nonprevailing party.
25. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context
survive the expiration or termination of this Agreement, shall so survive.
26. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the
laws of the State of California.
27. SIGNATORIES
Each undersigned represents and warrants that its signature hereinbelow has
the power, authority and right to bind their respective parties to each of the terms of this
Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the
event that such authority or power is not, in fact, held by the signatory or is withdrawn.
28. ENTIRETY
The parties acknowledge and agree that they are entering into this
Agreement freely and voluntarily following extensive arm's length negotiation, and that
each has had the opportunity to consult with legal counsel prior to executing this
Agreement. The parties also acknowledge and agree that no representations, inducements,
promises, agreements or warranties, oral or otherwise, have been made by that party or
anyone acting on that party's behalf, which are not embodied in this Agreement, and that
that party has not executed this Agreement in reliance on any representation, inducement,
23-13256/317311
11 of 12
! i
�II
promise, agreement, warranty, fact or circumstance not expressly set forth in this
Agreement. This Agreement, and the attached exhibits, contain the entire agreement
between the parties respecting the subject matter of this Agreement, and supersede all prior
understandings and agreements whether oral or hi writing between the parties respecting
the subject matter hereof.
29. EFFECTIVE DATE
This Agreement shall be effective on the date of its approval by the City
Attorney. This Agreement shall expire when terminated as provided herein.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized officers.
CONSULTANT, CITY OF HUNTINGTON BEACH,
STAPLETON&ASSOCIATES a municipal corporation of the State of
California
By: 716"4"' 5, ,a 14'
Thomas Stapleton City Manager
print name INITIATED AND APPROVED:
ITS: (circle one)Chairman/PGaentVice President
AND
Assistant City Manager
Autiz
By: APPROVED AS TO FORM:
Anne Stapleton
0 print name City Attorney
ITS: (circle one)Seery/Chtofrinnncia1 Officer/Asst.
Secretary-•Treasurer Date
RECEIVE AND FILE:
City Clerk
Date
23•13256/317311 CO T !' T
12 of 12
promise, agreement, warranty, fact or circumstance not expressly set forth in this
Agreement. This Agreement, and the attached exhibits, contain the entire agreement
between the parties respecting the subject matter of this Agreement, and supersede all prior
understandings and agreements whether oral or in writing between the parties respecting
the subject matter hereof.
29. EFFECTIVE DATE
This Agreement shall be effective on the date of its approval by the City
Attorney. This Agreement shall expire when terminated as provided herein.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized officers.
CONSULTANT, CITY OF HUNTIN V TON T.EACH,
STAPLETON &ASSOCIATES . m ' ipa : ...or. ion of he State of
pia
By: U...\411/4
City M. '.ger
print name INITIATED AND APPROVED:
ITS: (circle one)Chairman/PresidentNice President
AND
Assistant City Manager
By: APPROVE TO FORM:
print name C. Attorney
ITS: (circle one)Secretary/Chief Financial Officer/Asst.
Secretary—Treasurer
Date
RECEIV P ND F%i,
City Clerk
Date '/f,J23
23-13256/317311 CO UNTERPART
12 of 12
EXHIBIT "A"
A. STATEMENT OF WORK: (Narrative of work to be performed)
Perform Federal Legislative Advocacy Services
B. CONSULTANT'S DUTIES AND RESPONSIBILITIES:
1. Legislative Priorities
a) Work with the City Council, the City Manager, and other designated City staff to
discuss goals, objectives, opportunities, and priorities.
b) Provide strategic advice regarding the development of legislative positions and
priorities.
c) Raise, discuss and assess any affirmative legislative action that may benefit the City,
as needed. In consultation with City staff, determine appropriate positions on
relevant legislation and recommend proactive legislative action, as appropriate.
d) Participate in preparing the legislative policy platform, including identifying
potential policy issues and upcoming legislative proposals, as needed.
2. Advocate on the City's Behalf
a) Testify at the direction of, and on behalf of the City, at hearings before legislative
and regulatory committees.
b) Identify opportunities for City officials to participate in the legislative process and
make recommendations. Those opportunities include, but are not limited to,
communication to members of the U.S. Congress and State Congress, providing
testimony at legislative hearings, and communication with federal and state agencies.
c) Work with legislators for bill authorization and follow appropriations as they
concern the City.
3. Legislative Research and Analysis
a) Review proposed, introduced and amended federal legislation, and proposed and
adopted federal administrative rules and regulations, to identify and report on matters
potentially affecting the City.
b) At the direction of and on behalf of the City, undertake advocacy, policy analysis
and strategy development on federal legislative matters of interest to and/or affecting
the City.
c) Present federal legislative issues to the City Council for policy direction as needed.
d) Monitor Federal agency rulemaking and notify the City of potential impacts.
4. Communication
a) Consultant shall direct all communication for the duration of the contract with the
Contract Manager.
b) Regularly communicate with the City, attend monthly briefing calls with City staff
monthly briefings with the Mayor at the Intergovernmental Relations Committee.
EXHIBIT A
Provide weekly and monthly reports on status of legislation and other related
updates, and other reports as needed.
c) Provide regular updates on the political landscape in nation's Capital to help provide
context, and identify opportunities and potential issues. At a minimum, provide
monthly reports of activities pursued or accomplished on behalf of the City.
d) Provide updates on proposed, introduced, and amended federal legislation, and
proposed and adopted federal administrative rules and regulations, to identify and
report on matters that potentially affect the City's legislative priorities.
e) Identify potential future legislative issues or opportunities that may interest the City,
and help position the City to benefit from new laws, regulations, policies, programs,
and/or funding opportunities.
f) Prepare position letters, draft legislative language and talking points on legislative,
budgetary, and regulatory issues as necessary.
g) Raise, discuss and assess any affirmative legislative action that may benefit the City,
as needed.
h) In consultation with City staff, determine appropriate positions on relevant
legislation and recommend proactive legislative action, as appropriate.
5. Capitol Asset
a) Support a positive relationship with the President of the United States, members of
US Congress, federal agencies, and State of California lawmakers and agencies.
b) Assist in establishing relations between councilmembers and City staff and
legislative persons, including chairs and consultants of key committees and other
important policymakers.
c) Coordinate meetings for City officials and staff with members of Congress and their
staff, the executive branch, Federal agencies and other key stakeholders.
d) Representation in the Capitol and a voice for the City.
6. Financial Outlook
a) Develop a strategic federal funding plan, coordinating with City staff and
departments to develop a proactive and comprehensive strategy that serves the City's
priorities. The plan shall identify City projects, outline and prioritize multiple
funding options/opportunities for each project, and evaluate the cost/benefit ratio for
each opportunity.
b) Monitor and report on the federal budget and work to secure funding when
appropriate on projects beneficial to City's interests.
7. Grants
a) Support City grant activity, including identifying, researching, and monitoring
funding opportunities, facilitating communication with Federal agencies, and
advocating for support of the application from legislators and key stakeholders.
EXHIBIT A
b) Anticipate Grant announcements
c) Develop and implement appropriate strategies for coordinating the City's Federal
lobbying activities/affairs program with its State affairs program.
d) Provide meeting opportunities for City staff to discuss potential grant/funding
opportunities and guide them through the application process.
e) Work with the City to identify and evaluate potential funding categories with annual
budget or appropriation bills, and specific funding on grant opportunities.
f) Provide grant writing and follow through monitoring of grant conditions and
requirements.
8. Collaboration
a) Coordinate and cooperate with other municipalities, organizations and firms having
similar legislative objectives as the City. Develop strategies with City staff to
identify, organize, utilize, and coordinate City priorities with its associates and other
broad coalition-based memberships.
b) Coordinate with other local government officials and stakeholders to advocate for
common goals.
9. FPPC Filings
a) Prepare and file all applicable Fair Political Practices Commission lobbying
documents and reports within all applicable deadlines, per the provisions of the
Political Reform Act of 1974 as amended. Provide the City notification of any
changes or modifications that may be present.
10. Ethics and Conflicts of Interest:
a) Contractor shall conduct business in such a manner as to foster public confidence in -
the integrity of City programming and activities.
b) Contractor shall not solicit, demand, accept or agree to accept from any other person
a gratuity or benefit in connection with the Agreement.
c) Under the Levine Act, Section 84308 of the Government Code, a party to a
proceeding before the City involving a license, permit, or other entitlement for use is
required to disclose on the record of the proceeding any contribution in an amount of
more than two hundred fifty dollars ($250) made within the preceding 12 months by
the party or the party's agent to any elected or appointed officer of the City.
C. CITY'S DUTIES AND RESPONSIBILITIES:
D. WORK PROGRAM/PROJECT SCHEDULE:
EXHIBIT A
EXHIBIT "B"
Payment Schedule (Fixed Fee Payment)
1. Charges for time during travel are normally not reimbursable and will only be paid if
such time is actually used in performing services for CITY and or otherwise arranged with CITY.
2. CONSULTANT shall be entitled to payment toward the fixed fee set forth herein in
accordance with the following:
Payment Issuance Schedule Payment
Monthly:
1. Written report to City of Huntington Beach
a. Record of meetings with Federal agencies, lawmakers, consultants,
policymakers, etc. regarding business related to or on behalf of the
City of Huntington Beach
b. Record of strategic funding plan, as established by City of
Huntington Beach and consultant
i. Report of grant-related activity such as identification, $7500.00
research, and advocacy for the City of Huntington Beach
ii. Report of other funding and appropriations opportunities
c. Record of fulfilment of Scope of Services
2. Attendance at the monthly Intergovernmental Relations Committee meeting
3. Regular communication with the City's Contract Manager including weekly
updates
Total $7500.00
3. Delivery of work product: A copy of every memorandum, letter, report, calculation and
other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress
toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY
shall identify specific requirements for satisfactory completion.
4. CONSULTANT shall submit to CITY an invoice for each monthly progress payment
due. Such invoice shall:
A) Reference this Agreement;
B) Describe the services performed;
C) Show the total amount of the payment due;
D) Include a certification by a principal member of CONSULTANT's firm that the
work has been performed in accordance with the provisions of this Agreement;
and
E) For all payments include an estimate of the percentage of work completed.
Exhibit B
Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making
satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall
approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the
invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an
invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule
of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree
that past performance by CONSULTANT is in, or has been brought into compliance, or until this
Agreement has expired or is terminated as provided herein.
5. Any billings for extra work or additional services authorized in advance and in writing
by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information
required above, and in addition shall list the hours expended and hourly rate charged for such time.
Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or
additional services requested, and if CITY is satisfied that the statement of hours worked and costs
incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the
parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing
performance of the remainder of this Agreement.
Exhibit B
A�o® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDITYYY)
08/17/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
' IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the poticy(ies)must have ADDITIONAL INSURED provisions or be endorsed,
It SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME:
BIBERK PH°NE 844-472-0967 FAX 203-654-3613
(AID.No.Ext): RIC.No):
P.O, Box 113247 EMAIL customerservice@biBERK.com
Stamford, CT 06911 ADDRESS:
INSURER(S)AFFORDING COVERAGE NAIC S
INSURER A:National Liability&Flre insurance Company 20052
INSURED INSURER B:
Stapleton&Associates LLC
INSURER C:
683 S Washington St INSURERD:
Alexandria,VA 22314 INSURERE:
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES•DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
1LTR TYPE OF INSURANCE IN solwvo POLICY NUMBER IMMIODmFYY) (MMMIDID(YYY11 LIMITS
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $
D
CLAIMS-MADE L OCCUR PRE ES Me occurrence)
PREMISES(Ea oaurrenca) $
MED EXP(Any one person) $
PERSONAL&ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
POLICY PRO-
JECT LOC PRODUCTS-COMP/OP AGG $
OTHER: $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $
(Ea accident)
ANY AUTO BODILY INJURY(Per person) $
- OWNED SCHEDULED
AUTOS ONLY AUTOS BODILY INJURY(Per accident) $
HIRED NON•OWNED PROPERTY DAMAGE $
AUTOS ONLY _ AUTOS ONLY (Per accident)
$
UMBRELLA LIAB OCCUR EACH OCCURRENCE $
- EXCESS LIAB CLAIMS-MADE AGGREGATE S
DED RETENTION S S
WORKERS COMPENSATION PER STATUTE ER
fP H
AND EMPLOYERS'LIABILITY
ANYPROPRIErORARTN ER/EXECUTIVE Y f N NIA E.L.EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED?
(Mandatory In NH) E.L.DISEASE-EA EMPLOYEE S
If yes,describe under
DESCRIPTION OF OPERATIONS below EL.DISEASE.POLICY LIMIT $
Professional Liability (Errors& Per Occurrence/ $1,000,000/
A Omissions): Claims-Made N9PL327497 08/17/2023 08/17/2024 Aggregate $1,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Addhlonai Remarks Schedule,may be attached If mote space Is required)
().,0„(
•
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
The Cityof Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
9 ACCORDANCE WITH THE POLICY PROVISIONS.
2000 Main Street
Huntington Beach,CA 92648 AUTHORIZED REPRESENTATIVE
gL � --
I
01988 2015 ACORD CORPORATION. All rights reserved.
ACORD 26(2016103) The ACORD name and logo are registered marks of ACORD
®®rsY����—�os
�s��N Gro v
City of Huntington Beach
2000 Main Street ♦ Huntington Beach, CA 92648
a _ =- _ (714) 536-5227 ♦ www.huntingtonbeachca.gov
°B "`fjgp9`�p•��`�° s� Office of the City Clerk
cOUNTYYs sail Robin Estanislau, City Clerk
September 8, 2023
Stapleton &Associates
Attn: Thomas Stapleton
8504 Wendell Drive
Alexandria, VA 22308
Dear Mr. Stapleton:
Enclosed is a fully executed copy of the Professional Services Contract between the
City of Huntington Beach and Stapleton &Associates for Federal Legislative Advocacy
Services, approved by City Council on September 5, 2023.
Sincerely,
( 0414t, se6/44414.44)
Robin Estanislau, CMC
City Clerk
RE:ds
Enclosure
Sister City: Anjo, Japan
Moore, Tania
From: Levin, Shannon
Sent: Saturday, September 2, 2023 1:17 PM
To: supplementalcomm@surfcity-hb.org
Subject: Fwd: HB CC 9/5/2023 Agenda 15
Get Outlook for iOS
From:Cathey Ryder<the4ryders@gmail.com>
Sent:Saturday, September 2, 2023 9:19:26 AM
To: CITY COUNCIL(INCL. CMO STAFF)<city.council@surfcity-hb.org>
Subject: HB CC 9/5/2023 Agenda 15
Mayor and Council Members,
Why would our city not want to engage the highest rated lobbying firm to represent us? Is this due to finances? Have we
spent tax dollars unwisely elsewhere?We have a very competent city staff and we jusy don't understand why you are
not only rejecting their recommendation, but then selecting the LOWEST ranked firm. Do you not want a firm that
obviously has a better ranking?We can read a chart.
This does not appear as if the CC has the best interest of the city as part of their decision making process.
SUPPLEMENTAL
COMMUNICATION
Meeting Date: 9/490?,3
Agenda Item No.; 15- (9.3 (073)
Att 1- July 2023 IRC Staff Report
Legislative Advocacy Update
File #: 23-636
1 . Qualifications and experience of the individuals assigned to tr
2. Qualifications and experience of the responding firm
3. Experience and track record conducting similar work for simih
4. Understanding and approach to the proposed scope of work
5. Proposed Fees
The RFP closed on June 13. 2023., and the City received four r
evaluated by a panel of three staff members using the specific criter
to 1500 points was allocated across six criteria in compliance wit
reviewed and scored the proposals per the City's purchasing pro(
follows:
Proposers Scope of Compliance References Qualifications & Experience
Work with RFP Experience of Conducting
the Proposer Similar Wor
Similar Citie
Van Scoyoc Federal 140 75 362.5 145
& Assoc.
Thorn Run Federal 135 70 362 5 145
Mercury Federal & 135 515 \325 125
State
Stapleton & Federal 65 '10 '175 55
,Assoc.
Based on the RFP process as defined by the City's purchasing
proposes to recommend to the City Council to approve a 2-year prc
legislative advocacy services with Van Scoyoc & Associations a
agreement for State legislative advocacy services with Mercury. Ez
one additional year
Sufficient funds to cover the cost of each agreement is budgeted it
Please FOLLOW the staff recommendation.
Cathey and Bob Ryder
Voters and Homeowners since 1985
Sent from my iPhone
3
Moore, Tania
From: Levin, Shannon
Sent: Saturday, September 2, 2023 6:33 PM
To: supplementalcomm@surfcity-hb.org
Subject: Fwd: Questions re agenda items: Lobbying firms, Paradigm Medical Mgmt
Get Outlook for iOS
From: pacj<pacj_03@yahoo.com>
Sent:Saturday, September 2, 2023 6:31:13 PM
To: Estanislau, Robin <Robin.Estanislau@surfcity-hb.org>; CITY COUNCIL(INCL. CMO STAFF)<city.council@surfcity-
hb.org>
Subject: Questions re agenda items: Lobbying firms, Paradigm Medical Mgmt
Re the upcoming council meeting, I have some questions.
Paradigm Medical Mgmt contract: Is this contract for the medical management of but one workers comp claim at an
amount not to exceed 2.8 million dollars. Is the 2.8 million dollars Paradigm's fee for managing one we claim?
On the lobbying firm contracts: I don't see the proposals submitted. I found one lobbying firm named Mercury on the
CalAccess website. Mercury's clients are largely agricultural companies/organizations. I see no municipalities as clients
on the CalAccess website. Re Van Sycoc, which cities does this lobbying firm represent at the federal level?
Thank you for your response.
Pat Quintana
1
Moore, Tania
From: Sheila Ellis <sheila.ellis78@gmail.com>
Sent: Sunday, September 3, 2023 10:33 AM
To: supplementalcomm@surfcity-hb.org; CITY COUNCIL (INCL. CMO STAFF);Van Der Mark,
Gracey; Moser, Natalie; McKeon, Casey; Kalmick, Dan; Burns, Pat; Bolton, Rhonda;
Strickland, Tony
Subject: Tuesday city council meeting agenda
After reviewing the agenda for Tuesday's city council meeting, I am urging all council members to vote no on agenda
item numbers 15, 16, 22, 29, 30, 31, 32, 34, 35.
Sheila Ellis
(She/Her)
1
Moore, Tania
From: Janna Koch <jannapkoch@yahoo.com>
Sent: Sunday, September 3, 2023 4:21 PM
To: supplementalcomm@surfcity-hb.org
Subject: Fw: Vote no on Agenda items: 15,16,22,29,30,31,32,34,35
Forwarded Message
From: Janna Koch <jannapkoch@yahoo.com>
To: City.Council@surfcity-hb.org <city.council@surfcity-hb.org>
Sent: Sunday, September 3, 2023 at 04:08:32 PM PDT
Subject: Vote no on Agenda items: 15,16,22,29,30,31,32,34,35
To the HB City Council ,
RE: City council agenda. VOTE NO on Agenda items
15 , 16, 22 , 29, 30, 31, 32 , 34. 35 !
I am unhappy with the job performance of this City Council . Your actual
job is to represent ALL of the voters in HB. Also, to take care of city
business and properly maintain the city resources and infrastructure .
You are not only not doing a good job of that, but it has come to my
attention that you intend to squander 1. 2 million of the City' s dollars on
an unnecessary special election . If you want to have a PAC. . .go out and
raise YOUR OWN MONEY! Meanwhile the Central Library has bathrooms not
working, RATS , the parking lot is rapidly degrading, and a host of other
maintenance issues abound including proper ADA access for Seniors and
disabled persons .
The City Council is breaking the CA State law by not completing the
Housing Element. This is your JOB !
I vote to Censure the HB City Council for not doing it !
It is past time to stop acting like a mimic of the dysfunctional House of
Representatives in the US Congress and get the job done ! If you do not
want to do the job , then please EXIT the HB city Council chambers like
Tito and let others who are better qualified to do so get on with it!
We expect to have the same responsiblities and opportunities to vote as
every other citizen of the State of California. . . it is NOT your job to
decide otherwise !
It is highly inappropriate to declare the City of Huntington Beach to be a
Non-mask mandate city. Again , we expect to have the same protections
neccessitated in a public health crisis as the rest of the citizens of
Orange County. I am Covid At-Risk. . .my pandemic will NEVER be over. I am
also my sole support and need my fellow residents to not make me sick. As
to fiscal responsibility, I do not wish the City of HB to have to payout
on lawsuits against the city for infecting people by public servants of
the city or have to pay for sick days for the entire HB City Hall , HBPD,
HBFD, etc. to infect themselves all again . There are areas of public
1
buildings that are NECESSARY to mask in during a public health
crisis. This is because again, the City has FAILED to properly update
them, namely places like the tiny, ventilation-impaired bathrooms at the
Central Library! ! !
Lastly, I value the service. of Natalie Mosier on the HB City Council . She
represents the People of HB better than any other person on the council .
If the City Council members did not have exposure for comments made
regarding their integrity, then it would be much more difficult to do
so. I would be much less successful than Natalie in keeping a proper
demeanor in the same circumstances.
Thank you for your attention to these matters . . . get the job done!
Janna Koch
Huntington Beach
jannapkoch@yahoo.com
2
Moore, Tania
From: Linda Law <lindaklaw@aol.com>
Sent: Sunday, September 3, 2023 6:48 PM
To: supplementalcomm@surfcity-hb.org; City Council
Subject: Vote No on Agenda items: 15,16,22,29,30,31,32,34,35
Dear Council Members,
Please vote no on agenda items: 15,16,22,29,30,31,32,34,35 at the September 5, 2023 City Council meeting.
I don't even know where to start with my objections to these agenda items.
The proposed charter amendments are unnecessary and would be extremely costly. Over a million dollars to place these
amendments on a March 2024 ballot is ridiculous.
There is no evidence of voter fraud that necessitates the city having a separate local election that requires voter id and
requires the monitoring of ballot drop boxes.
The City has gotten itself involved in costly anti-housing lawsuits and settled with the Air Show operator for millions
when the city is supposedly broke.
The City Council and or the City Attorney have no business determining what books are available in our public libraries.
That is the job of our librarians. Let them do their jobs.
Failing to recognize the transgender community in the revised Statement on Human Dignity is just shameful.
Censuring Council Member Moser for speaking the truth is beyond hypocritical. Having a known racist and anti-Semite
on the council should be called out every day.There are photos,tapes,and newspaper articles that prove that
relationship.
Against staff recommendations,the mayor is recommending that the city choose the lowest ranked Federal Government
Affairs lobbyist.Why is that happening?
Proposing that the city ban broad universal mask and vaccine mandates as a response to Covid 19 or its variants is just ill
informed. Covid 19 continues to mutate and having mask and vaccine mandates available is just good public health
policy.
Dissolving numerous boards with little or no public input is very troubling to say the least.
What's happening with the Climate Action Plan for the City?
Our high standards for the City Clerk position and other positions should continue.
Thank you for your time.
1
Moore, Tania
From: Levin, Shannon
Sent: Sunday, September 3, 2023 7:19 PM
To: supplementalcomm@surfcity-hb.org
Subject: Fwd:Vote no on Agenda items: 15,16,22,29,30,31,32,34,35
Get Outlook for iOS
From:Janna Koch <jannapkoch@yahoo.com>
Sent:Sunday, September 3, 2023 4:08:31 PM
To: CITY COUNCIL(INCL. CMO STAFF)<city.council@surfcity-hb.org>
Subject:Vote no on Agenda items: 15,16,22,29,30,31,32,34,35
To the HB City Council ,
RE: City council agenda. VOTE NO on Agenda items
15 , 16, 22 , 29, 30, 31, 32 , 34. 35 !
I am unhappy with the job performance of this City Council . Your actual
job is to represent ALL of the voters in HB. Also, to take care of city
business and properly maintain the city resources and infrastructure.
You are not only not doing a good job of that, but it has come to my
attention that you intend to squander 1. 2 million of the City' s dollars on
an unnecessary special election . If you want to have a PAC. . .go out and
raise YOUR OWN MONEY! Meanwhile the Central Library has bathrooms not
working, RATS , the parking lot is rapidly degrading, and a host of other
maintenance issues abound including proper ADA access for Seniors and
disabled persons .
The City Council is breaking the CA State law by not completing the
Housing Element. This is your JOB!
I vote to Censure the HB City Council for not doing it !
It is past time to stop acting like a mimic of the dysfunctional House of
Representatives in the US Congress and get the job done ! If you do not
want to do the job , then please EXIT the HB City Council chambers like
Tito and let others who are better qualified to do so get on with it !
We expect to have the same responsiblities and opportunities to vote as
every other citizen of the State of California. . . it is NOT your job to
decide otherwise !
It is highly inappropriate to declare the City of Huntington Beach to be a
Non-mask mandate city. Again , we expect to have the same protections
neccessitated in a public health crisis as the rest of the citizens of
Orange County. I am Covid At-Risk. . .my pandemic will NEVER be over . I am
also my sole support and need my fellow residents to not make me sick. As
to fiscal responsibility, I do not wish the City of HB to have to payout
1
on lawsuits against the city for infecting people by public servants of
the city or have to pay for sick days for the entire HB City Hall , HBPD,
HBFD, etc. to infect themselves all again . There are areas of public
buildings that are NECESSARY to mask in during a public health
crisis. This is because again, the City has FAILED to properly update
them, namely places like the tiny, ventilation-impaired bathrooms at the
Central Library! ! !
Lastly, I value the service of Natalie Mosier on the HB City Council . She
represents the People of HB better than any other person on the council .
If the City Council members did not have exposure for comments made
regarding their integrity, then it would be much more difficult to do
so. I would be much less successful than Natalie in keeping a proper
demeanor in the same circumstances .
Thank you for your attention to these matters . . .get the job done !
Janna Koch
Huntington Beach
jannapkoch@yahoo. com
2
Moore, Tania
From: Levin, Shannon
Sent: Monday, September 4, 2023 7:37 AM
To: supplementalcomm@surfcity-hb.org
Subject: Fwd: Oppose Item#15B, #30, #31, #32, #34, #35
Get Outlook for iOS
From:jstone223@aol.com <jstone223@aol.com>
Sent: Monday,September 4, 2023 6:10:16 AM
To: CITY COUNCIL(INCL. CMO STAFF)<city.council@surfcity-hb.org>
Subject:Oppose Item#15B, #30,#31, #32,#34,#35
I am apposed to our council majority and City Attorney attempting to change the very
fabric of my city of 25 years.
Jessica Stone
"What if today we were just grateful for everything" Charlie Brown.
1
Moore, Tania
From: Levin, Shannon
Sent: Monday, September 4, 2023 7:39 AM
To: supplementalcomm@surfcity-hb.org
Subject: Fwd: Comment, 9-5-23 CC mtg., items 15, 16, 30, 31, 32, 34, 35.
Get Outlook for iOS
From: Dan Jamieson<danjamieson4@gmail.com>
Sent: Monday, September 4, 2023 7:36:12 AM
To: CITY COUNCIL(INCL. CMO STAFF)<city.council@surfcity-hb.org>
Subject: Comment, 9-5-23 CC mtg., items 15, 16, 30, 31, 32, 34, 35.
Dear HB City Council:
As a Huntington Beach resident, I appreciate the chance to comment in several items under consideration at the Sept. 5,
2023 council meeting:
Item 15
Please vote NO on item 15, a recommendation to contract with Kahn,Soares, &Conway LLP for State Legislative
Advocacy Services and with Stapleton &Associates for Federal Legislative Advocacy Services. It is unclear why these
firms were chosen. Stapleton was not highly rated by staff, and Kahn was not rated at all (and appears to focus on
agricultural and water law).
HB residents deserve transparency in how lobbying firms are chosen, especially given that the mayor is a professional
lobbyist and may have conflicts.
Item 16
Please vote NO on item 16,to redirect staff to develop policy options regarding city library materials and safeguards.
This item continues development of the unconstitutional book-banning proposals pushed by the council majority.
Having political actors review and restrict books would be an unconstitutional imposition of extreme religious views into
the function of our public library,which is to serve all users regardless of faith or political views. Professional library staff
are fully capable of choosing materials for our public library. Concerned parents can screen out anything they feel is
unacceptable.
Please stop the book-banning efforts that HB residents clearly oppose.
***
Item 30
1
Please vote NO on Administrative Item 30.
The council majority promised HB voters they would refrain from charter amendments.With this item,they go back on
that promise.
Charter amendments must be done with a thoughtful, even-handed,transparent process.The proposed batch of
amendments in this item is anything but.The amendments were hatched behind closed doors by the council majority
looking to consolidate power within the city attorney's office; prevent the council from investigating malfeasance; help
the city attorney's wife get elected as city clerk; cement the anti-Pride flag ordinance into the charter; restrict the city's
ability to create affordable housing; and improperly interfere with county-run elections in an attempt to cater to
election-conspiracy believers.
If charter amendments are needed,they should be done with an open and rigorous process with public notice and
comment,and voted on in a November general election, not the lower-turnout primary election.
***
Item 31
Please vote NO on item 31,dissolving the HB Human Relations Committee,and the Mobile Home Advisory Board.
The city's Human Relations Committee is needed more than ever. Hate incidents and crimes are a continuing problem in
our city and county. Dissolving the committee is an affront to the diverse community that lives,works and visits our city.
The Mobile Home Advisory board also serves some of our most economically vulnerable citizens, many of them seniors
on limited incomes who face rising rents from aggressive mobile-home park owners.The state Dept. of Housing and
Community Development is too far removed from issues impacting local mobile-home residents, and our own advisory
board can inform city leaders and HCD about HB-related park issues and violations.
***
Item 32
Please vote NO on item 32,the Ad Hoc Committee's proposed Policy on Human Dignity.
The proposed new statement on human dignity is a major step backward for the people of HB.
The existing Human Dignity statement promises respect for everyone, regardless of"actual or perceived racial
background,their nation of origin,the religion they practice,their sexual orientation,gender,gender identity or gender
expression, or disability status."The existing statement has clear definitions of hate incidents and crimes,and promises
action against hate crimes. It encourages and instructs on how to report hate crimes, and notes the tragic history that
gave rise to the Dignity statement.
The proposed new statement has none of this. It does not even mention hate crimes. Instead, it offers up a generic
tough-on-crime policy, offering to pursue"all of those who participate in crimes in our community,"warning specifically
of child abuse,including"sexual grooming."This language is chilling--right-wing extremists have associated grooming
with the LGBTQ community.
In a clumsy attempt to address the issue of trans athletes,the new policy seems to attack trans and non-binary people.
It says the city"will recognize from birth the genetic differences between male and female."Will trans and non-binary
people be protected? If so,will that protection extend to athletics?
2
Respectfully,the proposed new Dignity statement is a farce. Instead of a robust statement of support for vulnerable
groups, it targets trans and non-binary people and those who might "groom" children (the LGBTQ community).As
written,the new statement will be an embarrassment for the city.
Item 34
Please vote NO on item 34,the Move to Censure Council Member Moser.
Councilmember Moser questioned the appointment of the Mayor Pro Tem,who has a history of associating with white
nationalists and once shared Holocaust-denial posts,to the sensitive job of writing a new Dignity statement.This was
not improper.The council majority knew they might get this reaction.They got it, and now they can engage in more
performative posturing with a censure vote.
***
Item 35
Please vote NO on Councilmember Item 35.
This item submitted by Mayor Pro Tem Van Der Mark on mask and vaccine mandates, is not needed, and would be an
infringement on the freedoms of private businesses to decide such policies for themselves. Likewise,the city of HB,
through council, can decide for itself to impose mandates or not within its own facilities.
Mayor Pro Tern Van Der Mark attempts to justify this item by misrepresenting facts.The Chicago Sun Times story she
quotes reported on the Cochrane study of masks.The Sun Times, along with other right-wing media, misquoted the
study.The misreporting was debunked by Factcheck.org, and by Cochrane itself,which set the record straight (the
effectiveness of masks is uncertain): "Many commentators have claimed that a recently-updated Cochrane Review
shows that `masks don't work',which is an inaccurate and misleading interpretation," Dr. Karla Soares-Weiser,the
editor-in-chief of the Cochrane Library, said in a March 10 statement. (https://www.factcheck.org/2023/03/scicheck-
what-the-cochrane-review-says-about-masks-for-covid-19-and-what-it-doesnt/ )
The LA Times story Mayor Pro Tem Van Der Mark cites reported on a study of records of nearly 800,000 U.S. veterans
and the persistence of covid vaccines.Vets protected by the worst performing vaccine,J&J's, were nevertheless 52% less
likely to die than their peers who didn't get any shots, according to the story. Other covid vaccines were even more
effective. (Because vaccines wear off, booster shots are recommended.)
Vaccines have proven effective.The data are clear. It is troubling that HB's Mayor Pro Tem spouts such blatant
misinformation.
Dan Jamieson
Huntington Beach
***
3
Moore, Tania
From: Mikel Hogan <mhogan072@gmail.com>
Sent: Monday, September 4, 2023 8:22 AM
To: supplementalcomm@surfcity-hb.org; CITY COUNCIL (INCL. CMO STAFF)
Subject: Stop the Authoritarian Plans of Huntington Beach City Council
AttentionHuntington Beach City Council Members,
As a 50 year tax paying resident of Huntington Beach, I request you remove the wasteful, distractive, and nondemocratic
agenda items from the September 5, 2023 City Council meeting, namely
1. Remove and stop the censure of councilperson Natalie Moser
2.Stop the wasteful anti-housing policy that is costing the HB taxpayers ($4 million)
3. Stop the wasteful and costly special election ($1.2million)to place unnecessary Charter Amendments on the March
2024 ballot.These undemocratic amendments were designed in secrecy with no expert or community input and
promote grossly harmful policies for our city governance.
4. Stop the Mayor's recommendation for the City Council to choose the lowest ranked Federal Government Affairs
respondent against the staff recommendation.
For Huntington Beach to effectively face the challenges of global climate change and the many related social and
economic issues, we need respectful, inclusive democratic, pro-active governing processes for a strong and resilient
Huntington Beach community.
Dr. Mikel Hogan
1
Moore, Tania
From: Levin, Shannon
Sent: Monday, September 4, 2023 9:52 AM
To: supplementalcomm@surfcity-hb.org
Subject: Fwd:Vote No on Agenda items: 15,16,22,29,30,31,32,34,35
Get Outlook for iOS
From: Linda Law<lindaklaw@aol.com>
Sent: Monday,September 4, 2023 9:32:19 AM
To: CITY COUNCIL(INCL. CMO STAFF)<city.council@surfcity-hb.org>
Subject:Vote No on Agenda items: 15,16,22,29,30,31,32,34,35
Dear Council Members,
Please vote no on agenda items: 15,16,22,29,30,31,32,34,35 at the September 5, 2023 City Council meeting.
I don't even know where to start with my objections to these agenda items.
The proposed charter amendments are unnecessary and would be extremely costly. Over a million dollars to place these
amendments on a March 2024 ballot is ridiculous.
There is no evidence of voter fraud that necessitates the city having a separate local election that requires voter id and
requires the monitoring of ballot drop boxes.
The City has gotten itself involved in costly anti-housing lawsuits and settled with the Air Show operator for millions
when the city is supposedly broke.
The City Council and or the City Attorney have no business determining what books are available in our public libraries.
That is the job of our librarians. Let them do their jobs.
Failing to recognize the transgender community in the revised Statement on Human Dignity is just shameful.
Censuring Council Member Moser for speaking the truth is beyond hypocritical. Having a known racist and anti-semite
on the council should be called out every day.There are photos,tapes, and newspaper articles that prove that
relationship.
Against staff recommendations,the mayor is recommending that the city choose the lowest ranked Federal Government
Affairs lobbyist. Why is that happening?
Proposing that the city ban broad universal mask and vaccine mandates as a response to Covid 19 or its variants is just ill
informed. Covid 19 continues to mutate and having mask and vaccine mandates available is just good public health
policy.
Dissolving numerous boards with little or no public input is very troubling to say the least.
What's happening with the Climate Action Plan for the City?
1
Our high standards for the City Clerk position and other positions should continue.
Thank you for your time.
2
Moore, Tania
From: Galassi, Cecelia <cgalassi@gwc.cccd.edu>
Sent: Monday, September 4, 2023 12:58 PM
To: supplementalcomm@surfcity-hb.org; CITY COUNCIL (INCL. CMO STAFF)
Subject: Response to Sept. 5 City Council Agenda
September 4, 2023
To the Huntington Beach City Council:
I am writing to tell you that your latest planned actions are an outrage and that I will join other citizens of HB
and Orange County in fighting your efforts now and as long as you try tooccupy your current positions.l'm a
12-year homeowner in this city, I work full time in the city, and I'm raising a child here.
As far as I can tell,this is part of what you want to do, starting on Sept. 5:
----Item 15—spendtaxpayer money to hire two sets of lobbyists for the city because you want different rules
than any other town in the state.
0----Item 16—spendup to 2.8 million dollars to hire a medical management firm to fight and, it looks like,
manipulate workers' compensation arrangements that are already in existence.
•----Item 19—refuseto respond to the OC Grand Jury's report on drought.
•----Item 22—spend$3,831,000 to continue to fight the state of California in your ongoing, tax-guzzling lawsuit
(again, as if HB goes by different rules than the rest of the state—uh, no).
0----Item 24—simplysteal funds from the Traffic Congestion relief Prop 42 fund to hire a grant writer.
•----Items 27, 28—In totally bad faith cancel a number of existing contracts and open up re-bidding (is that because
you want to hire a friend's firm?).
•----Item 29— Ina total attack on the democratic vote that denied you the opportunity to change City Charter
Amendments, you want to fund and arrange a new March 5, 2024 election, so you can try to force your wishes
on all of us again.
•----Item 30—Appropriatel.2 million dollars from taxpayer funds for.... "Business Unit." That's all the explanation
you give: Business Unit.
1
•----Item 16-- I will join other citizens to fight your attack on freedom (Item 16)to censor the HB Library and its
trained librarians so that citizens have less access to books that you—without training,without any definition
of what youmean by"obscene" (there's an existing Supreme Court ruling on that, by the way) want to pick
and choose.You also want to "part ways with the American Library Association."
What the hell?You don't get to determine anybody's reading options.That's not your job,you aren't
qualified to do it, and it is a complete attack on citizen freedoms. You want to deny the supportof
experts and the recognized national organization joining libraries across the country.
We know you are attempting to copy what you have seen other power-greedy leaders do in Southern
states. It appears you want HB to become like them, and that is a disaster.
•Finally, the cowardly vote to rebuke Councilwoman Moser because she called out Mayor Pro Tern Van Der
Mark'sdocumentedHolocaust denial record and racism. Van Der Mark's racism been publicly known since
before 2018, and though she tries to cover it up and claim that her Latino background means she's not an anti-
Semite, she has expressedracist views, and she has posted social media to that effect. In view of the fact that
Moser has to watch her and most of you attack our civil liberties and use our money to do it, her frustration is
understandable. Van der Mark has shown who she is, and slappingthe wrists of someone who calls it out is
dishonest and petty.
We see you. We will continue to fight your actions and power grabs.
HB Resident Cecelia Galassi
2
Moore, Tania
From: laura sire <Ilaurajjane@yahoo.com>
Sent: Monday, September 4, 2023 4:02 PM
To: supplementalcomm@surfcity-hb.org
Cc: laura sire
Subject: Agenda items: 15,16,22,29,30,31,32,34.35. (Agenda dated Sept 5, 2023)
Dear Mayor Strickland, Mayor Pro Tern Van Der Mark, and Councilmembers Bolton, Burns, Kalmick,
and Moser,
My name is Laura Sire. I moved to Huntington Beach with my family when I was 14 years old. I am
now 75 years old so I've been here a long time, and have witnessed many changes over the
decades. I was a realtor in this city for about 10 years, and then made a career change to teaching
and taught 1st grade for 16 years. The last decade or so I've enjoyed volunteering and being of
service to HB.
Currently, I've been experiencing some health issues which have necessitated me stepping back from
my activities. However, I am writing today out of the urgency of the crisis I see the governance of
Huntington Beach facing.
I am appalled at what has occurred since the council majority Strickland, Van Der Mark, McKeon, and
Burns were sworn in December 2022. Public comments are heard but not really heard.
The "Thank you for being here" mechanically repeated by Mayor Strickland rings hollow as the CC
majority deconstructs all that is positive, inclusive, compassionate, and sound city government with
their robotic, pre-determined and thoughtless 4-3 votes.
That said, still in hopes of being heard I strongly ask for a NO vote on Agenda items
15,16,22,29,30,31,32,34, and 35.
Although ALL should be voted down, #'s 30,31,32,34 and 35 particularly warrant NO votes:
-30. VOTE NO. Introducing city charter amendment ballot measures for Mar 5, 2023 primary election.
*This item is the epitome of hypocrisy as it was brought forward by councilmembers who have
repeatedly stated that we should follow and not deviate from our City Charter. This is written as only
ONE agenda item and did not involve the electorate of our city. There are 3 measures but actually
include many negative impacts such as wasted $$$, voter ID requirement and other conditions that
make voting less accessible especially to those whose voices specifically NEED to be heard.
*This gives the Mayor alone the power to cancel city council meetings.
*$1,200,000 to be spent from City's general fund which is $ taxpayer $.
It solidifies the removal of the Pride Flag flying on city property.g
*Overall #30 must be a NO vote. If it is passed and these amendments are on the March ballot, it will
be a HUGE waste of money. When folks understand what these measures truly mean they will be
voted down.
There will be a campaign to educate and protect HB and ALL people living here by and before March
5th.
THIS WILL NOT PASS ON MARCH 5TH!
-31 VOTE NO -Approve the dissolution of the various and many boards, commissions, and
committees of HB. This is a clear and dangerous move to silence the voice of the people. It reeks of
authoritarianism.
-32 VOTE NO, NO NO! Consider adhoc's proposed policy on statement of human dignity. After
reading this abhorrent and insulting so called statement of human dignity, I find myself agreeing with
Councilmember Burns, however this is the version that should be cancelled. This draft excludes the
LGBTQIA+ community with an emphasis on those who identify as transgender. The fear and suffering
that this would cause those individuals including the youth in our city is immeasurable and this
statement is shameful and reprehensible.
-34 NO on Censure of Councilmember Moser. I watched the exchange between Councilmember
Moser and Mayor Pro Tern Van Der Mark multiple times. Why is this on the agenda? Councilmember
Moser was in control and simply asked needed questions of Van Der Mark when Mayor Strickland
announced that the ad-hoc committee to amend the human dignity statement would include her.
Considering Councilmember Van Der Mark's social media history, removal from a school board, and
photos with white supremacists, Councilmember Moser was performing her due diligence in
representing all of the people of Huntington Beach in making her best effort at obtaining the
truth. Councilmember VDM was the one who attacked Councilmember Moser, interrupting her and
yelling at her. She was the one who breached decorum. It is obvious to anyone who watches the clip.
You owe Councilmember Moser an apology. And because of her highly emotional and hostile denial
(which is in opposition to data) we the people of HB are still left wondering and wanting only to know
the truth concerning the Councilmember who is in this leadership position.
#35 proposed by Councilmember Van Der Mark is ignorant, reckless, and dangerous to the health
and safety of HB residents. VOTE NO!
Sincerely,
Laura Sire
(she/her)
PS I along with other residents will be watching Tuesday.
2
Moore, Tania
From: george sire <gunahound@yahoo.com>
Sent: Monday, September 4, 2023 4:55 PM
To: laura sire; supplementalcomm@surfcity-hb.org
Cc: laura sire
Subject: Re:Agenda items: 15,16,22,29,30,31,32,34.35. (Agenda dated Sept 5, 2023)
Nicely put together.
Sent from Yahoo Mail for iPhone
On Monday, September 4, 2023, 4:02 PM, laura sire <Ilaurajjane@yahoo.com> wrote:
Dear Mayor Strickland, Mayor Pro Tem Van Der Mark, and Councilmembers Bolton,
Burns, Kalmick, and Moser,
My name is Laura Sire. I moved to Huntington Beach with my family when I was 14
years old. I am now 75 years old so I've been here a long time, and have witnessed
many changes over the decades. I was a realtor in this city for about 10 years, and then
made a career change to teaching and taught 1st grade for 16 years. The last decade
or so I've enjoyed volunteering and being of service to HB.
Currently, I've been experiencing some health issues which have necessitated me
stepping back from my activities. However, I am writing today out of the urgency of the
crisis I see the governance of Huntington Beach facing.
I am appalled at what has occurred since the council majority Strickland, Van Der Mark,
McKeon, and Burns were sworn in December 2022. Public comments are heard but not
really heard.
The "Thank you for being here" mechanically repeated by Mayor Strickland rings hollow
as the CC majority deconstructs all that is positive, inclusive, compassionate, and sound
city government with their robotic, pre-determined and thoughtless 4-3 votes.
That said, still in hopes of being heard I strongly ask for a NO vote on Agenda items
15,16,22,29,30,31,32,34, and 35.
Although ALL should be voted down, #'s 30,31,32,34 and 35 particularly warrant NO
votes:
-30. VOTE NO. Introducing city charter amendment ballot measures for Mar 5, 2023
primary election.
*This item is the epitome of hypocrisy as it was brought forward by councilmembers
who have repeatedly stated that we should follow and not deviate from our City
Charter. This is written as only ONE agenda item and did not involve the electorate of
our city. There are 3 measures but actually include many negative impacts such as
wasted $$$, voter ID requirement and other conditions that make voting less accessible
especially to those whose voices specifically NEED to be heard.
1
*This gives the Mayor alone the power to cancel city council meetings.
*$1,200,000 to be spent from City's general fund which is $ taxpayer $.
It solidifies the removal of the Pride Flag flying on city property.g
*Overall #30 must be a NO vote. If it is passed and these amendments are on the
March ballot, it will be a HUGE waste of money. When folks understand what these
measures truly mean they will be voted down.
There will be a campaign to educate and protect HB and ALL people living here by and
before March 5th.
THIS WILL NOT PASS ON MARCH 5TH!
-31 VOTE NO -Approve the dissolution of the various and many boards, commissions,
and committees of HB. This is a clear and dangerous move to silence the voice of the
people. It reeks of authoritarianism.
-32 VOTE NO, NO NO! Consider adhoc's proposed policy on statement of human
dignity. After reading this abhorrent and insulting so called statement of human dignity,
I find myself agreeing with Councilmember Burns, however this is the version that
should be cancelled. This draft excludes the LGBTQIA+ community with an emphasis
on those who identify as transgender. The fear and suffering that this would cause
those individuals including the youth in our city is immeasurable and this statement is
shameful and reprehensible.
-34 NO on Censure of Councilmember Moser. I watched the exchange between
Councilmember Moser and Mayor Pro Tern Van Der Mark multiple times. Why is this
on the agenda? Councilmember Moser was in control and simply asked needed
questions of Van Der Mark when Mayor Strickland announced that the ad-hoc
committee to amend the human dignity statement would include her. Considering
Councilmember Van Der Mark's social media history, removal from a school board, and
photos with white supremacists, Councilmember Moser was performing her due
diligence in representing all of the people of Huntington Beach in making her best effort
at obtaining the truth. Councilmember VDM was the one who attacked Councilmember
Moser, interrupting her and yelling at her. She was the one who breached decorum. It
is obvious to anyone who watches the clip.
You owe Councilmember Moser an apology. And because of her highly emotional and
hostile denial (which is in opposition to data) we the people of HB are still left wondering
and wanting only to know the truth concerning the Councilmember who is in this
leadership position.
#35 proposed by Councilmember Van Der Mark is ignorant, reckless, and dangerous to
the health and safety of HB residents. VOTE NO!
Sincerely,
Laura Sire
(she/her)
PS I along with other residents will be watching Tuesday.
2
Moore, Tania
From: vanessaweb@aol.com
Sent: Monday, September 4, 2023 4:47 PM
To: laura sire; supplementalcomm@surfcity-hb.org
Cc: laura sire
Subject: Re:Agenda items: 15,16,22,29,30,31,32,34.35. (Agenda dated Sept 5, 2023)
Laura,that is a great letter!! Thanks for letting me read it. I know you'll be there in spirit tomorrow night. V
Sent from the all new AOL app for iOS
On Monday, September 4, 2023, 4:02 PM, laura sire<Ilaurajjane@yahoo.com>wrote:
Dear Mayor Strickland, Mayor Pro Tern Van Der Mark, and Councilmembers Bolton,
Burns, Kalmick, and Moser,
My name is Laura Sire. I moved to Huntington Beach with my family when I was 14
years old. I am now 75 years old so I've been here a long time, and have witnessed
many changes over the decades. I was a realtor in this city for about 10 years, and then
made a career change to teaching and taught 1st grade for 16 years. The last decade
or so I've enjoyed volunteering and being of service to HB.
Currently, I've been experiencing some health issues which have necessitated me
stepping back from my activities. However, I am writing today out of the urgency of the
crisis I see the governance of Huntington Beach facing.
I am appalled at what has occurred since the council majority Strickland, Van Der Mark,
McKeon, and Burns were sworn in December 2022. Public comments are heard but not
really heard.
The "Thank you for being here" mechanically repeated by Mayor Strickland rings hollow
as the CC majority deconstructs all that is positive, inclusive, compassionate, and sound
city government with their robotic, pre-determined and thoughtless 4-3 votes.
That said, still in hopes of being heard I strongly ask for a NO vote on Agenda items
15,16,22,29,30,31,32,34, and 35.
Although ALL should be voted down, #'s 30,31,32,34 and 35 particularly warrant NO
votes:
-30. VOTE NO. Introducing city charter amendment ballot measures for Mar 5, 2023
primary election.
*This item is the epitome of hypocrisy as it was brought forward by councilmembers
who have repeatedly stated that we should follow and not deviate from our City
Charter. This is written as only ONE agenda item and did not involve the electorate of
our city. There are 3 measures but actually include many negative impacts such as
wasted $$$, voter ID requirement and other conditions that make voting less accessible
especially to those whose voices specifically NEED to be heard.
*This gives the Mayor alone the power to cancel city council meetings.
*$1,200,000 to be spent from City's general fund which is $ taxpayer $.
It solidifies the removal of the Pride Flag flying on city property.g
*Overall #30 must be a NO vote. If it is passed and these amendments are on the
March ballot, it will be a HUGE waste of money. When folks understand what these
measures truly mean they will be voted down.
There will be a campaign to educate and protect HB and ALL people living here by and
before March 5th.
THIS WILL NOT PASS ON MARCH 5TH!
-31 VOTE NO -Approve the dissolution of the various and many boards, commissions,
and committees of HB. This is a clear and dangerous move to silence the voice of the
people. It reeks of authoritarianism.
-32 VOTE NO, NO NO! Consider adhoc's proposed policy on statement of human
dignity. After reading this abhorrent and insulting so called statement of human dignity,
I find myself agreeing with Councilmember Burns, however this is the version that
should be cancelled. This draft excludes the LGBTQIA+ community with an emphasis
on those who identify as transgender. The fear and suffering that this would cause
those individuals including the youth in our city is immeasurable and this statement is
shameful and reprehensible.
-34 NO on Censure of Councilmember Moser. I watched the exchange between
Councilmember Moser and Mayor Pro Tem Van Der Mark multiple times. Why is this
on the agenda? Councilmember Moser was in control and simply asked needed
questions of Van Der Mark when Mayor Strickland announced that the ad-hoc
committee to amend the human dignity statement would include her. Considering
Councilmember Van Der Mark's social media history, removal from a school board, and
photos with white supremacists, Councilmember Moser was performing her due
diligence in representing all of the people of Huntington Beach in making her best effort
at obtaining the truth. Councilmember VDM was the one who attacked Councilmember
Moser, interrupting her and yelling at her. She was the one who breached decorum. It
is obvious to anyone who watches the clip.
You owe Councilmember Moser an apology. And because of her highly emotional and
hostile denial (which is in opposition to data) we the people of HB are still left wondering
and wanting only to know the truth concerning the Councilmember who is in this
leadership position.
#35 proposed by Councilmember Van Der Mark is ignorant, reckless, and dangerous to
the health and safety of HB residents. VOTE NO!
Sincerely,
Laura Sire
(she/her)
PS I along with other residents will be watching Tuesday.
2
Switzer, Donna
From: Jessamyn Garner <jessamyngarner@gmail.com>
Sent: Tuesday, September 5, 2023 9:33 AM
To: supplementalcomm@surfcity-hb.org; CITY COUNCIL(INCL. CMO STAFF)
Subject: Please oppose agenda items 15, 16, 29, 30, 31, 32, 34, 35
Dear Huntington Beach City Council,
I wish I could attend the meeting tonight,but unfortunately I was exposed to Covid over the weekend. I want to
keep my neighbors safe so I plan to stay home.
As a resident of Huntington Beach, I am appalled by many items on tonight's agenda.The policies and
decisions that are being considered are hurtful to minorities in this community and they do not represent my
values of inclusion and integrity.
I urge you to oppose agenda items 15, 16, 29, 30,31, 32, 34, and 35.
Specifically,as a member of the LGBTQ+community, I reject the statement of Human Dignity that has been
warped to include transphobic rhetoric that will directly impact my ability to live in this community.
I know based on previous behavior and voting records from the council that this email and the hundreds of
other comments you will receive in the next 18 hours will not likely change your minds. Just know that your
constituents are paying attention to your actions and we will vote accordingly. Making it harder for us to vote
and passing threatening policies will not deter us from showing up to the polls. On the contrary, it will
galvanize us and we will show up in even greater numbers.
We won't allow this city to continue to be led by hateful rhetoric and exclusionary policies.
Jessamyn Garner
(they/them)
1
Switzer, Donna
From: LISE MILLER <genereaux@aol.com>
Sent: Tuesday, September 5, 2023 8:56 AM
To: supplementalcomm@surfcity-hb.org; CITY COUNCIL (INCL. CMO STAFF)
Subject: Oppose 15B, 30, 31, 32, 34, and 35
Dear Council,
Please consider the following recommendations:
Oppose Item #156
There is no explanation why the Council would hire the lowest rated advocacy firm when judged by our own
Intergovernmental Relations Committee. A rubric was developed for evaluating the proposals that were submitted in
response to the RFP and then the IRC recommended hiring the highest ranked firm, but the Council is poised to hire the
lowest ranked firm instead. Without explanation, this seems to be a waste of our tax dollars.
Oppose Item #30
I strongly oppose moving any of the proposed charter amendments to the primary ballot. They were not drafted in
accordance with our own rules or charter requirements. There was no citizen commission, only a 3 person ad hoc
committee that developed these behind closed doors. None of them are needed for good governance of our city.
Oppose Item #31
I strongly oppose dissolving the city's commissions and committees. They are made up of citizens which allow the
Council to have the most direct input from our citizens on varying topics of concern in our city.
Oppose Item #32
I strongly oppose the adoption of the ad hoc committee's "rewrite" of the Policy on Human Dignity. The 2021 version
was thorough, complete and inclusive. Not only is this new version incomplete, it is actually exclusive and transphobic. I
would be embarrassed for people to know that I live in a city that has published such a horrible document.
Oppose Item #34
I strongly oppose censuring Councilmember Moser for asking a relevant question. When Mayor Pro Tem Van Der Mark
was selected to be part of the ad hoc committee to reevaluate a policy that addresses the Holocaust and hate crimes, it
is certainly relevant to know if any of the 3 members charged with that task holds any biases. Van Der Mark has never
publicly answered the questions that have been swirling around the community for years. I am more concerned that
Van Der Mark responded to the reasonable query by shouting and calling Moser a liar. That seems a much more
egregious offense.
Oppose Item #35
There have been no mask or vaccine mandates in place for months, if not years. This agenda item seems to be placed
just to get people riled up (as if there isn't enough on this agenda). I oppose this waste of time.
Thank you!
Sent from my iPad
i
NG
Switzer, Donna
From: Levin, Shannon
Sent: Tuesday, September 5, 2023 8:45 AM
To: supplementalcomm@surfcity-hb.org
Subject: FW: [External] Re: Notice of Intent to Award and related public documents- evaluation
factors
Attachments: intent to award Federal and State Advocacy_SL.docx; Staff Report(1).pdf; Minutes Int
Govt Mttg HB.pdf
From:Crum,Jim<jcrum@vsadc.com>
Sent:Tuesday,September 5, 2023 8:18 AM
To:Anderson,Jennifer<Jennifer.Anderson@surfcity-hb.org>; Levin,Shannon<Shannon.Levin@surfcity-hb.org>; CITY
•
COUNCIL(INCL. CMO STAFF)<city.council@surfcity-hb.org>
Subject: FW: [External] Re: Notice of Intent to Award and related public documents-evaluation factors
Jennifer and Shannon: this email is intended to serve as a contact to the designated City staff in accordance with RFP
No: 23-0613 but is also being sent to the City Council members as
additional information for the Council meeting and Agenda scheduled for September 5th,2023.
The VSA team,who has provided a proposal to RFP NO: 23-0613, has reviewed the "Notice of Intent to Award" (below),
the public document File#23-636;Subject: Legislative Advocacy RFP Update summarizing the staffs review of
qualifications and recommendations,and the public document; minutes from the July 20,2023 meeting of the
Intergovernmental Relations Committee (IRC).
Although we clearly understand the range of recommendations the IRC can make in regard to a selection,we would like
to note formally our concerns around the"Notice of Intent to Award" document as it identifies Stapleton and Associates
as the potential award for Federal Legislative Services.
The "Notice of Intent to Award" lists criteria utilized to evaluate the proposals which are also listed in the RFP itself and
the Staff Review report. These are:
• Compliance with the RFP Requirements
• Approach, Understanding of Project and Methodology
• Qualifications and Experience
• Experience
• Proposed Cost, Price,Fees
• References
The IRC's selected firm for the Federal Legislative Services was not consistent with the staffs recommendation and
based on the above criteria,was the least qualified
firm based on the staff evaluation and assigned point scores. The staffs independent review and ranking scores are
showed below:
1
s Scope of. mpliance fere.iiPW ons OtOenenUnderstanding ,Caai.
We 'REP Experienceof` OPActugdO4 d ipr, .too ProposalF
the Pr s € imii �f r ape,;
BSc y c F dere!` `!a 36 5' 1: 5- i'5 1
& r
Tri m} Feder; 135 70 3625 5 ' 33:7.5 300 1
ral&` 135, 57 a 3 s;` 1 ,25 ;
�,
•
feetan F . 65 1 175 55;. 2't 5 7
Van Scoyoc Associates would like to appeal the IRC's decision based on the following reasons. Although we recognize
that the RFP does not describe
appeal procedures,we request that this email serve as the basis for our appeal and consideration. We also request that
this appeal be provided
to the City Council.
1. The point difference for Stapleton &Assoc for"Compliance with the RFP" is significantly different that all other
proposers. By their
point score, it can be concluded that Stapleton &Assoc is non-compliant with at least half of the requirements in the
RFP(score of 65).
2. Stapleton&Assoc does not demonstrate sufficient references to validate their past experience in the type of work
being requested in the RFP (score of 10).
3. Stapleton&Assoc does not appear to have the experience(score 55)working with similar cities to represent
Huntington Beach which
is further validated by their lack of references.
4. Stapleton&Assoc appears to lack the understanding of portions of the Scope of Work compared to the more
experienced firms.
Our intent with this appeal is not just for reconsideration but to express concern that the City of Huntington Beach
obtain Federal Legislative Advocacy Services with the highest level of expertise and experience.
Very respectfully, Jim Crum
Vice President; Van Scoyoc Associates.
Jim Crum;P« .
Van Scoyoc Associates A/
800 Maine Ave SW rem ' ..': ,a
yet'A.iazr Kaxx N
Washington DC 20024
202-6384950 VAN S Y C
(C) 202-2364084 ASSOCIATES
ICauti�is a mad originated outside the firmn Da not click any links or attachments unless you arecertain it is
genuine
2
�_ &ol+ CITY OF HUNTINGTON BEACH
Finance Department
NOTICE OF INTENT TO AWARD
Date: August 14, 2023
Project: Federal &State Legislative Advocacy Services
The City evaluated proposals using a Qualifications-Based,Selection (QBS) process incorporating a multitude of
factors aside from, but including, pricing.The criteria utilized to evaluate the proposals are as follows:
• Compliance with the RFP Requirements
• Approach, Understanding of Project and Methodology
• Qualifications and Experience
• Experience
• Proposed Cost, Price, Fees
• References
The results of the evaluation panel were reviewed at the July 20, 2023 Intergovernmental Relations Committee
(IRC) meeting. IRC made the following recommendations for award at the September 5, 2023 City Council
meeting:
4 deral 1:�� ve Statue .,. lattve Serviced
Stapleton &Associates Kahn, Soares, & Conway LLC via Mercury Public
Affairs
The City would like to thank all proposers for the time and resources contributed toward this RFP process. Non-
selected proposers are highly encouraged to stay registered on the City's PlanetBids portal. This will enable
proposers to register on the City's procurement system based on commodity and/or service offerings and be
automatically contacted for future opportunities.
With regards,
Jennifer Anderson
Sr. Buyer
714.374.1569
Tennifer.Anderson@surfcity-hb.org
3
fos
fits
, Q'� , CITY OF HUNTINGTON BEACH
— CQUNT
�,1$�� Finance Department
NOTICE OF INTENT TO AWARD
Date: August 14, 2023
Project: Federal &State Legislative Advocacy Services
The City evaluated proposals using a Qualifications-Based Selection (QBS) process incorporating
a multitude of factors aside from, but including, pricing. The criteria utilized to evaluate the
proposals are as follows:
• Compliance with the RFP Requirements
• Approach, Understanding of Project and Methodology
• Qualifications and Experience
• Experience
• Proposed Cost, Price, Fees
• References
The results of the evaluation panel were reviewed at the July 20, 2023 Intergovernmental
Relations Committee (IRC) meeting. IRC made the following recommendations for award at the
September 5, 2023 City Council meeting:
. , . . F d ra Legis( Se ces ' F ...... t l gisia v ry c s . .
Stapleton &Associates Kahn, Soares, & Conway LLC via Mercury Public
Affairs
The City would like to thank all proposers for the time and resources contributed toward this RFP
process. Non-selected proposers are highly encouraged to stay registered on the City's PlanetBids
portal. This will enable proposers to register on the City's procurement system based on
commodity and/or service offerings and be automatically contacted for future opportunities.
" -' 2000 Main Street,
/1.0,71"gr0f l mac Huntington Beach,CA
.
; _ 92648
City of Huntington Beach
b�a�vT7 ;
File#: 23-636 MEETING DATE: 7/20/2023
Subject:
Legislative Advocacy RFP Update
Statement of Issue:
Following an extensive Request for Proposals (RFP) process, staff has identified two consultants, Van Scoyoc
& Associates and Mercury Public Affairs to provide Federal and State legislative advocacy services,
respectively. Staff seeks additional input from the Intergovernmental Relations Committee, prior to placing
both contracts on the August 1, 2023 City Council agenda for further consideration.
Financial Impact:
Sufficient funds are budgeted in the FY23-24 Operating Budget under business unit 10030101.69365. Funds
for future years will be included in their respective years' budgets.
Recommended Action:
Based on the RFP process as defined by the City's purchasing policies and the panel's rankings staff
proposes to recommend to the City Council to approve a 2-year professional services agreement for Federal
legislative advocacy services with Van Scoyoc & Associates and another 2-year professional services
agreement for State legislative advocacy services with Mercury Public Affairs. Provide feedback to staff and
recommend next steps such as interviews or negotiations with the recommended firms.
Alternative Action:
Do not approve the recommended action and direct staff accordingly. Alternate actions include conducting
interviews with all firms, proceed with negotiations, or re-issue the State Legislative Advocacy RFP given that
only one proposal was received.
Analysis
The City of Huntington Beach issued an RFP on May 8, 2023 from well-qualified firms to provide both Federal
and State legislative advocacy services in support of the City Council's policies and priorities. Firms were
asked to submit proposals for either or both the Federal and State legislative advocacy services.
The RFP asked firms to detail their qualifications and their proposed approach to the scope of work, which
includes: work with the City to establish legislative priorities (i.e., develop a Legislative Policy Platform),
advocate on the City's behalf to federal and state legislative bodies and agencies, conduct legislative research
and analysis, support the City in Washington, D.C. and/or Sacramento, and support the City's financial outlook
by developing a plan supplemented through federal or state appropriations and grant funding.
The RFP specified that responses must include:
1. Cover Letter
2. Firm Qualifications
3. Understanding of and Proposed Approach to the RFP Scope of Work
4. References
5. Pricing Proposal
Additionally, the RFP identified specific criteria that would be used in the evaluation process:
City of Huntington Beach Page 1 of 2 Printed on 7/17/2023
powered by LegistarTM
File #: 23-636 MEETING DATE: 7/20/2023
1. Qualifications and experience of the individuals assigned to the contract
2. Qualifications and experience of the responding firm
3. Experience and track record conducting similar work for similar cities
4. Understanding and approach to the proposed scope of work in Huntington Beach
5. Proposed Fees
The RFP closed on June 13, 2023, and the City received four proposals. Proposals were independently
evaluated by a panel of three staff members using the specific criteria listed in the RFP. A weighted scale up
to 1500 points was allocated across six criteria in compliance with the RFP. Each panelist independently
reviewed and scored the proposals per the City's purchasing procurement policies, and the ranking is as
follows:
Proposers Scope of Compliance References Qualifications& Experience Understanding Cost Total
Work with RFP Experience of Conducting and Approach to Proposal Points
the Proposer Similar Work for Scope
Similar Cities
Van Scoyoc Federal 140 75 362.5 145 337.5 350 1,410.00
&Assoc.
Thorn Run Federal 135 70 362.5 145 337.5 300 1,350.00
Mercury Federal& 135 57.5 325 125 '356.25 250 1,248.75
State
Stapleton & Federal 65 10 175 55 212.5 250 767.50
Assoc.
Based on the RFP process as defined by the City's purchasing policies and the panel's rankings, staff
proposes to recommend to the City Council to approve a 2-year professional services agreement for Federal
legislative advocacy services with Van Scoyoc & Associations and another 2-year professional services
agreement for State legislative advocacy services with Mercury. Each agreement has an option to exercise
one additional year.
Sufficient funds to cover the cost of each agreement is budgeted in the FY2023-24 Operating Budget under
business unit 10030101.69365.
Attachment(s):
1. Request for Proposals- Federal &State Legislative Advocacy Services (RFP No. 23-0613)
City of Huntington Beach Page 2 of 2 Printed on 7/17/2023
powered by LegistarTM
t °�NTINGi
!!lof tlt CITY COUNCIL
INTERGOVERNMENTAL RELATIONS COMMITTEE
_ g
MINUTES FROM JULY 20, 2023
Pj�
t 2000 MAIN STREET, Lower Level Room B-7
HUNTINGTON BEACH, CA 92648
Call to Order at 2:33 PM.
Roll Call
• Council Liaisons: (Present) Mayor Strickland, Mayor Pro Tern Van Der Mark,
Council Member Burns
• Staff: Hopkins, Levin, Frakes
Public Comments (2 minutes per speaker): Mark Sheldon encouraged the IRC to hire a
legislative advocacy contractor.
Approve Minutes.from June 21, 2023 meeting: APPROVED 3-0 (Burns abstained)
ADMINISTRATIVE ITEMS
1. LEGISLATIVEADVOCACY RFP UPDATE: The Federal and State Legislative
Advocacy proposals were reviewed by a panel of 3 staff, and based on the combined,
independent ratings of the review panel, staffs recommended professional service
providers are as follows:
a. Van Scoyoc & Associates — (proposed Federal) — Award Federal Advocacy
Thorn Run —(proposed Federal)
b. Mercury—(proposed both Federal &State)—Award State Advocacy
c. Stapleton &Associates—(proposed Federal)
Staff recommended Van Scoyoc & Associates for Federal Legislative services, and
Mercury for State Legislative Services. I( ;°voted to con ract.;wi tiSt pie inn€
Associates for°t-ederaf:services"base- an is" kr,„ro ledge.oftheWancriaTcWPfiblid
A of airsmfdrStatervices.._Ma or S ckland ientionedifiafStapieton. t i8ssociafes
iuould reduce l elr titiiithlji re Amer frbat 00310 $7 00.
Approved 3-0.
2. GENERAL UPDATES: Levin gave an update on the IRC's last month legislative
positions, and that all position letters were mailed out after the City Council vote at the
July 18, 2023 meeting.
3. ITEMS FOR NEXT MEETING: Mayor Strickland asked staff to reach out to local State
and Federal representatives' offices and invite them or their staff to the next IRC
meeting. Mayor Strickland also would like to add the 405 Freeway Naming effort from
Steel's office on the next IRC agenda. Levin suggested a recap of status of the
legislative items discussed at IRC year to date.
Adjournment—2:41 PM
The next regularly scheduled meeting will be on August 16, 2023 at 4:00PM.
Page 1 of 3
Switzer, Donna
From: Fran Delaney <francesbdelaney@gmail.com>
Sent: Tuesday, September 5, 2023 11:13 AM
To: supplementalcomm@surfcity-hb.org
Subject: Re: Current City Council Agenda Items
Thank you for following up.These are the items that I would like to be given NO votes by City Council:
15,16,22,29,30,31,32,34, and 35.
On Tue, Sep 5, 2023 at 9:37 AM, supplementalcomm@surfcity-hb.org<supplementalcomm@surfcity-hb.org>wrote:
Good morning, Fran:
Would you please clarify which agenda item you were referring to when you stated "724-240" in the list below?
Thank you.
Sincerely,
Donna Switzer, CMC
hY=y Senior Deputy City Clerk
City of Huntington Beach,City Clerk's Office
Work (714)374-1649
From: Fran Delaney<francesbdelaney@gmail.com>
Sent: Sunday, September 3, 2023 2:51 PM
To: CITY COUNCIL(INCL. CMO STAFF)<citv.council@surfcity-hb.org>; supplementalcomm@surfcity-hb.org
Subject:Current City Council Agenda Items
City Council Members,
1
I am a Huntington Beach resident and have lived at my home for 33 years. I am shocked and embarrassed on behalf of
all residents by the outlandish and dangerous proposals put forth in the August 1, 2023 meeting and items on the
agenda for the September 5th meeting.
I emphatically ask that you vote against these agenda items on September 5,2023,City Council Meeting:
724=24t
23-700 and all recommended actions
23-683 and all recommendations
23-734 and all recommended actions
23-731
23-738
I highly disapprove of the censure Councilwoman Moser for her comments made as concern for who would be placed
on an Ad Hoc committee for changes to the Declaration of Policy on Human Dignity. She questioned underlying
associations with Neo-Nazis and Proud Boys which have never been addressed.Councilwoman Van Der Merck's
response was out of order and hysterical and by far more deserving of a censure.
I strongly disapprove of 1)streamlining,consolidating,and/or dissolving a select number of the City's Boards,
Commissions,and Committees and Council Committees 2)the attempt to require voter ID's and monitoring on drop off
ballot boxes, 3) changing the election cycles for the City Clerk and City Treasure,4) changing the requirements for City
Clerk.All of these actions are an attempt to control and limit the voice and votes of residents and are unnecessary and
most likely illegal.
I am shocked at the proposed changes to the City's Declaration of Policy on Human Dignity and strongly oppose
them. The verbiage is a direct attack on trans individuals, adults, and children and a veiled attempt to find
reasons to ban books in the public library. These actions will also be found illegal and the City will become
responsible for even more expensive court proceedings and fines.
In addition, the rapid and unstudied withdrawal from OCPA will result in a multmultimillion-dollar fine. This will
be layered atop the unprecedented settlement to maintain partnerships for the air show, the legal fees to fight
the State of California, the senseless and inflated salary increase for the City Attorney, and certainly the many
fines and court proceedings that will take place, as a result, of the proposed actions in the September 5th
meeting. All of these bloated expenses were unnecessary and made with little knowledge or care for fiscal
responsibility and will most likely result in a needed tax increase for residents in the future. It's shameful both
morally and fiscally.
2
Finally, an attempt to limit election access, and to attempt to stack elections to favor themselves and strip
away the rights of particular groups of individuals is moving toward fascism, which I find atrocious and
shameful for all of us who reside in this city. For'those who don't see the similarity of these action to fascism,
please read some of the descriptions of what these actions are, taken from Merriam Webster dictionary:
"... severe economic and social regimentation and forcible oppression of the opposition. A tendency toward
or actual exercise of strong autocratic or dictatorial control."
If the City tampers with elections such as what is proposed, that is exactly where we are.
Please read my requests and vote against the proposals listed above.
Fran Delaney-Barron
"Never underestimate the power of a small group of committed people to change the world. In fact, it is the only thing that
ever has." - Margaret Mead
3
Switzer, Donna
From: Karen Marie Carroll <dockaren44@gmail.com>
Sent: Tuesday, September 5, 2023 8:06 AM
To: supplementalcomm@surfcity-hb.org
Subject: Agenda Items
Mayor Strickland and Members of the City Council
I am writing in opposition to or with serious concern regarding the following items on the 9/5/23 City
Council Meeting Agenda: Item 30. 23-700, 31. 23-693, 26. 23-707, Item 27. 23-704, Item 28. 23-733,
15 23-700, and 16. 23-741
Item 30. 23-700- This item marks acceleration of a trajectory putting control of our city into the hands
of extremists who are already providing their friends and associates opportunities to profit through
secret settlements and now a re-do of bidding for contracts.
What is being proposed appears to build on actions already taken that clearly benefit the new majority
— along with their friends and family. Financial gain and political ambition are equally apparent. I
point to the following:
1) At the outset of your terms, you upped the limits on campaign contributions that give you
quite an advantage in campaigns to come. I contributed to several candidates in the last
election, and it was difficult for me financially. But I gave the limit and thought it was fair
because there were limitations in place for all candidates. The current majority, however,
was strategically supported by investors and groups many of which are outside of our city.
2) You propose re-arranging election cycles that would permit City Attorney Michael Gates
and his wife Kelly Gates to run together, without reasonable limits on what they could spend
together in a very well financed campaign. Included is a reduction of the requirements for
City Clerk, which would permit Ms. Gates to run. Moving election oversight from the County
to the City Attorney and City Clerk is ridiculous, unnecessary, and expensive. The optics are
terrible! Further, it plays to the myth that there is election fraud here, for which there is no
evidence.
Items 31. 23-693, particularly points I), J), and K)
This agenda item would change the application requirements for local contracts that open the door for
persons, agencies, or firms that organize our local events. Will Code Four and Kevin Elliot be
selected to run the 4th of July Parade and other city events too? We have heard that the Blue Angels
and other armed forces units arrange airshows without a middleman like Mr. Elliott. That is the way it
is done in other locations, such as Seattle.
Item 15. 23-673
I question the change to accept the staff recommendations for federal lobbying consultants. Why
accept the lowest ranked vendor to provide legislative analysis for our city? I understand that Mayor
Strickland has received political contributions from that contractor. Really, this is the best that
Huntington Beach deserves? Could there be any more evidence of political payback?
Item 16. 23-741
Cultural issues outside of the those that actually matter to all residents were presented with a strategy
of shock. Are you saying the extreme examples you found were in books in our library and schools in
our city? I think not. I assure you, most of us do not want you to take on our parenting, just do the
normal business of governing our city.
2
Switzer, Donna
From: Celeste Rybicki <celeste@celesterybicki.com>
Sent: Tuesday, September 5, 2023 7:53 AM
To: CITY COUNCIL (INCL. CMO STAFF); supplementalcomm@surfcity-hb.org
Subject: Disgusted but not Defeated, NO on items 15,16, 22, 29, 30, 31, 32, 34, 35
Dear City Council Majority,
I am sure I'm not the first to mention that the attempt to throw all these issues on the agenda today, the day after a
holiday long weekend, is a slimy attempt to sneak them all in without giving the public adequate time to realize what
you're doing. I don't believe this will change how you vote,you've proven time and time again you do not care how the
residents of Huntington Beach really feel. However, I am writing to have it on record, so you cannot deny that your
constituents have reached out in opposition.
I and strongly against censuring Councilwoman Moser. Nothing she said was incorrect or inappropriate, she repeated the
same concerns many of us have about the Mayor Pro Tern. I do feel that GVDM lashing out against her, interrupting and
calling her a liar was unprofessional and inappropriate. If you're going to consider censure I would direct that towards
VanDerMark.
I am against the proposed amendments to the city charter. For a group that ran on keeping the city charter as is... I am so
confused as to why this is even happening. I didn't vote for any of you so I'm not particularly shocked or disappointed
but I assume many who voted for you do feel deceived.
I am so, so, so opposed to the modified Policy on Human Dignity. It is, to put it lightly, wholly undignified. If this offensive
monstrosity passes I expect there to be so much public pushback causing embarrassment (and very likely loss of
business) for our city. I can say from personal experience, in the past year I have had 3 pride flags stolen from my front
yard and in the past 8 years I have had zero attempts at grooming or anything inappropriate towards my children by the
HB librarians or public school system or drag queens, for that matter.
I'm writing this morning, not from a place of fear- because I am not afraid that you four(plus Gates, that's a whole other
corrupt mess) can truly destroy our city. I'm writing because I have hope that the good, kind, honest and loving
community I know here far far outnumbers you and your small-minded attempts. So here's one more email letting you
know we see what you're trying to do. I oppose items 15,16, 22, 29, 30, 31, 32, 34, 35. I oppose your fascist, bigoted
power grabs.
Celeste Rybicki
HB resident and mother of 3
1
Switzer, Donna
From: Levin, Shannon
Sent: Tuesday, September 5, 2023 6:07 AM
To: supplementalcomm@surfcity-hb.org
Subject: Fwd: Proposed Agenda for Sept. 5
Get Outlook for iOS
From:Jeanne Whitesell <jswhitesell3211@yahoo.com>
Sent: Monday, September 4, 2023 10:19:12 PM
To: CITY COUNCIL(INCL. CMO STAFF)<city.council@surfcity-hb.org>
Subject: Proposed Agenda for Sept. 5
Dear City Councils members,
I read the Agenda for the September 5 City Council meeting and want to state my concerns.
First I am appalled at Item 32, the Human Dignity document,which results in NO Dignity for some Huntington
Beach citizens. Are we trying to take Huntington Beach back to the Dark Ages?
Second, I'm also against Item 22,which will use reserve funds for lawyers' fees. Why are we supporting lawyers to
bring more unnecessary lawsuits? There needs to be more information and openness on where this money is going.
Third, I'm concerned about Item 16 which seems to me to be an effort to damage one of the great institutions in
HB, our wonderful libraries and librarians.
Other Agenda Items I'm opposed to are 15, 29, 30, 31, 34 and 35.
Sincerely,
Jeanne Whitesell
17922 Shoreham Lane
Huntington Beach, CA 92649
714-846-8978
jswhitesell3211@yahoo.com
1
Switzer, Donna
From: Diane <dianesgotopnions@gmail.com>
Sent: Tuesday, September 5, 2023 1:01 AM
To: supplementalcomm@surfcity-hb.org; CITY COUNCIL(INCL. CMO STAFF)
Subject: Oppose Item #15B
There is no explanation why the Council would hire the lowest rated advocacy firm when judged by the city's own
Intergovernmental Relations Committee (IRC). A rubric was developed for evaluating the proposals that were submitted
in response to the RFP and then the IRC recommended hiring the highest ranked firm (Van Scoyoc&Assoc), but the
Council is poised to hire the lowest ranked firm instead (Stapleton &Assoc).
There are rumors that this decision is due to Mayor Strickland having a prior relationship with the low ranking firm. If
that is true, I sincerely hope that he will recuse himself from the vote in order to remove even the appearance of a
conflict of interest.
I urge the council to follow the conclusions of the IRC and issue a 2-year professional agreement with the highest ranking
firm,Van Scoyoc&Assoc.
Sincerely,
Diane James
1
Switzer, Donna
From: Scott Malabarba <scott@malabarba.org>
Sent: Monday, September 4, 2023 11:16 PM
To: supplementalcomm@surfcity-hb.org; CITY COUNCIL(INCL. CMO STAFF)
Subject: regarding multiple agenda items for the Sept 5 council meeting
Dear Huntington Beach City Council members,
Council members Moser, Kalmick,and Bolton,thank you for your ongoing courage and integrity.
For the council as a whole, my comments on a number of agenda items for September 5 follow.
In(wary)support of 23-732,e-bikes
This looks like a genuine effort to address a real problem that falls with the city council's purview. Excellent, please do
more of that!
In opposition to 23-731,censure of Natalie Moser
The Proud Boys is an hate group that harbors criminals,terrorists,and traitors to this nation. Its purpose is to do harm to
entire segments of the American population, including tens of thousands of citizens of the city you serve.So,yes, if an
elected official has any association with this organization or espouses its beliefs,such as that the Holocaust was a hoax,
that is relevant.And it is fair to ask if they are the right person to revise a policy that was authored to take a stand
against those very beliefs.
This censure not about civility. It is a blatant attempt to silence a council member who asked a question that some don't
want answered.
In opposition to 23-734,revising the policy on human dignity.
"Protect children!" Of course--everyone wants to protect children.
If you were sincere,you would know that queer and trans youth face drastically elevated risk of bullying, harassment,
sexual assault, and suicide,and you would use your position to support and protect them.
Most of us are not looking to the city government to tell us how gender roles should work or what they suppose the
differences between the sexes to be. Furthermore,given the history of this city council in attacking librarians and
educators, I find this wording around sports to be concerning.Will you next target PE teachers?
I am not sure what to make of the paragraph stating that the council will "...vigorously fight criminal activity that risks
some one's [sic] freedoms..." Does it mean to imply that the police and city authorities have not been pursuing the
apprehension of criminals?Or perhaps, in light of the censure of Ms. Moser, it's a threat: violate our freedom to hurt
queer people without consequence and we'll turn the law on you.
"...lend your voice in support of treating and respecting all people equally."An admirable sentiment,and I look forward
to you all joining me with your voice in support of treating and respecting queer and trans people equally.
1
Let's be honest--this was never a good faith attempt. It was only ever about erasing the original intent of a policy on
human dignity that has been in place for decades. You could just leave it alone and move on.
In opposition to 23-700,special election and charter amendment
Prior to and during the June 26 special council meeting, we were told that the city was facing budget shortfalls in the
upcoming years and that major cuts across most city departments would be necessary.The city will be paying out 8
million+dollars in lawsuits. So how can the city afford 1.2 million for this election, plus ongoing and unspecified costs for
items like running elections?
The structure of the proposed ballot measures is manipulative. Consistently, I see a prominent voter-baiting item
(election takeover, ban Pride flags at City Hall) mixed in with completely unrelated items that look innocuous but add
power and reduce accountability for the council majority and city attorney.
Every ballot item is a terrible idea (with the possible exception of the Measure C update, which sounds benign, but at
this point who knows?).
Good-faith and well-authored ballot measures would be clearly and simply structured and allow voters to separately
choose on unrelated items.This special election will probably happen, so I can only hope that HB votes smarter this time
around.
Comment on 23-741, "safeguards"for library materials.
Of course the library staff has asked for more time--you have presented them with an insuperable problem.
The library contains thousands of books that many reasonable parents would agree are inappropriate for young
readers: most of the horror, thriller, suspense, and true crime sections; much of fantasy,science fiction, and
literature; some history; and the entire romance section (most of us, of course,just pay attention to our kids and don't
expect these books to be locked up). If you were sincere,you would be concerned about all of these and not just
Genderqueer.
If you were sincere,you would have also noted that commercial bookstores stock the same books.There's little point in
"protecting" children from these books at the library if they can just read them at Barnes and Noble.So you'll need to go
tell store management that they must rearrange their displays to meet your requirements. And then get sued (again).
I hope some of you have realized that this whole effort is a can of worms that will accomplish nothing and cost the city
time, money, and people.You could just make a note to better publicize the library's existing policies and move on.
Comment on 23-726, payouts from litigation reserves
These lawsuits predate current leadership. However, I would hope that upon having to pay out millions of dollars in
taxpayer money,the city would learn its lesson and not do it again.Yet,the city is constantly embroiled in lawsuits over
housing; the current council has doubled down on its stubborn refusal to comply with decades-old state law. It's not
"fighting for HB" if you keep losing.
In opposition to 23-738,anti-mask and anti-vax nonsense
This is pure theater.Attempting to override any county or state policies will probably just get the city sued (again). What
is most amusing about this item is that the people who are cheering for it never really cared, not even when people
were dying of Covid in HB every day.They certainly are not waiting for permission from the city council to rip off their
masks.This accomplishes nothing and makes HB look stupid.
2
Comment on 23-693, dissolve various committees and boards
I have no background on this matter. Perhaps it is entirely benign. However, in the context of other activities
of the current city council, such as 23-700, I am suspicious about the unexplained
dissolution of the Environmental and Sustainability Board, the Smart Cities and
Technology Committed, and the Youth Board.
Comment on 23-673, IRC contracts
I would never have noticed this were it not pointed out to me.
"...staff proposes to recommend to the City Council to approve a 2-year professional
services agreement for Federal legislative advocacy services with Van Scoyoc &
Associations and another 2-year professional services agreement for State legislative
advocacy services with Mercury"
But the plan is to "to execute a Professional Services Contract between the City of Huntington
Beach and Stapleton & Associates for Federal Legislative Advocacy Services", the lowest-
ranked vendor with just over half the overall score of the recommended vendor?
I have no background on this matter. Again, however, in the context of other activities of
the current city council, such as 23-700, it looks suspicious and I have to wonder what
underlying motives might be at play.
Thank you for your time and attention.
Sincerely,
Scott Malabarba, HB resident
3
Switzer, Donna
From: Levin, Shannon
Sent: Monday, September 4, 2023 10:00 PM
To: supplementalcomm@surfcity-hb.org
Subject: Fwd: Oppose Items # 15, 16, 30, 32, 34, and 35 on the September 5, 2023 HB City
Council Agenda
Get Outlook for iOS
From: Pat Goodman <patgoodman@yahoo.com>
Sent: Monday, September 4, 2023 9:26:33 PM
To: Strickland,Tony<Tony.Strickland@surfcity-hb.org>; CITY COUNCIL(INCL. CMO STAFF) <city.council@surfcity-hb.org>
Cc: Fikes, Cathy<CFikes@surfcity-hb.org>
Subject: Oppose Items# 15, 16, 30, 32, 34, and 35 on the September 5, 2023 HB City Council Agenda
Dear Mayor Strickland and City Council,
I submit my comments in addition to my previous email to Oppose Agenda Items #
31 C and # 34, to you with the understanding that not one of you received a majority
of eligible votes in the elections in which you were elected to office. With this
consideration in mind, I hope that your votes on Tuesday night will reflect the best
interest of all of the people who look to you to represent them, and do what is best to
have a well-run American beach city in the 21st century.
Oppose # 15- Consider Intergovernmental Relations Committee (IRC) recommendation
to approve and authorize execution of Professional Services Contracts with Kahn,
Soares, & Conway LLP for State Legislative Advocacy Services and with Stapleton &
Associates for Federal Legislative Advocacy Services
Why would the council approve a contract with the least qualified applicant, Stapleton &
Associates, per the RFP analysis?
In addition there are 3 contracts identified in items # 26, 27, 28 that are to be
rescinded. Why? The RFP process is very costly and time consuming, and in these
cases for projects that will benefit residents. Why would the city go back to the
beginning of the RFP process. Please explain the need to do this.
Oppose #16, 30, 32, and 35 these items have no place in the operation of a well-run
American beach city in the 215t century. These items appear to be political statements
addressed to a minority of people and political supporters in city that highlight
ideological differences between neighbors and family members and will only serve to
anger and agitate the community and stain the reputation of Huntington Beach. Please
withdraw these items from the agenda.
Oppose # 16 - Redirect staff to return to City Council on October 17, 2023 with
actionable policy options regarding City library materials and safeguards
We are blessed with an excellent library system here in Huntington Beach with excellent
staff, enthusiastic volunteers, and wonderful patrons. Our library has a system in place
to review questionable items raised by members of the community. There is a library
commission, responsive library staff and ways for parents to monitor their child's book
selections. Use the tools in place to address any questions or concerns.
Oppose # 30 - Consider the submission of 3 Charter amendment ballot measures for
voter approval at the March 5, 2024 Statewide Primary Election, and the adoption of
Resolution Nos. 2023-42, 2023-43, 2023-44 and 2023-45
Please reconsider these charter amendments. You've not engaged the community
to identify the citizens' concerns around these issues. Take the time needed to
include the public in this process in order for a successful outcome.
Amendment # 1
Voter ID - what's wrong with the current system of signature verification?
More In-person voting locations - will there be separate municipal ballots? Will
voters be able to mail them to the City Clerk or OC Registrar of Voters?
Monitoring (Ballot?) Drop Boxes - who monitors?
Several questions on the election administration, cost to the city, and coordination
with the county. What benefit is derived from pursuing the administration of the
municipal elections? What are the costs? What problems and challenges have
occurred with the current administration of elections in Huntington Beach? How do
these measures protect from voter intimidation?
Clarify voters elect the City Attorney as the city's legal counsel free from
interference from city officials
I am most concerned with Amendment #1 office of City Attorney amendments.
This is a consolidation of power around the office of City Attorney and a blow to
voter protections.
This is a tremendous overreach and consolidation of power including the
issues of independence, transparency, accountability by the City Attorney. This
office serves the legal interests of the city (the people) and by extension the city
council. If there is a conflict of interest by the city attorney's office on a legal
matter such as wrongful termination claims from employees and the City
Attorney. How can the City Attorney represent and defend the city and
her/himself in such a case? The council must solicit legal opinion from an
independent attorney outside of the city's employees in order to defend itself. The
City Attorney must take direction from the Council and be a resource to the City
2
Manager, Police and Fire chiefs and other city leadership, and if, for some reason
he/she cannot fulfill their role to defend the city.
Amendment # 2
Provide that the only flags that shall be displayed by the City on City property are:
the U.S., County of Orange, City of HB flags, and the Pow, Armed Forces flags
Adopt a Two -Year Budget
City Clerk * City Treasurer elections to the gubernatorial cycle
These are mostly unnecessary, except the adoption of a Two Year Budget. Some
economy will be realized. - enough said.
Amendment # 3
Require voter approval of any City transaction that forgives, etc. the collection of
property (taxes) in excess of $100,000 per year, except acquisition of property for
parks or infrastructure.
Why do we elect representatives? I hope to carry out the business of the city. Why
handcuff councilmembers from resources to address inadequate housing
opportunities for its residents. The two properties brought in to provide middle
income housing and encourage the possibility of living - working - playing in the
same city. Why not provide an opportunity for people to live according to their
means and aspire to owning a home in the same city? Wouldn't that provide
economic advantage to the city in the long term? The # 1 responsibility for the city
is to address the housing needs of its residents. You do that through zoning and
developer incentives. This action is not forced on any council.
Oppose Item # 31 B, C, D, E, F, and H - this sweeping agenda item to dissolve and
consolidate boards and commissions. Huntington Beach takes pride in its citizen
participation and volunteerism. Boards and commissions provide support and oversight
functions to the city by interested citizens willing to volunteer their time and expertise on
particular subjects.
Update exceptions to Sec. 612 (Measure C) to allow certain children's playground
equipment, park-related utility structures and public restrooms be built or improved with
limitation
Please be careful to not encroach on precious open space.
Update the procedures to cancel a regular City Council meeting
3
Another example of consolidation of power into the hands of one elected official.
Please don't approve this.
Oppose # 35 - Submitted by Mayor Pro Teem Van Der Mark - Resolution Declaring City
to be a "No Mask and No Vaccine Mandate" City
The County of Orange has the responsibility, and resources to issue public health
safe guards. Viruses don't have any bounds. Please don't meddle in an arena of
public health that the city has no expertise or resources to manage.
Thank you for considering my comments.
Pat Goodman
4
Switzer, Donna
From: MICKIE REINERTSON <hephatha@aol.com>
Sent: Monday, September 4, 2023 9:48 PM
To: supplementalcomm@surfcity-hb.org
Subject: Council agenda for September 5, 2023
I have read the agenda for the upcoming council meeting. I sincerely hope the council considers
each item in light of the whole community and realize that many of the items do not represent a
large portion of the population. I for one do not think many of the ideas are needed and some are
harmful to the future of the city. For instance, eliminating volunteer citizens boards and
commissions is the opposite of what is needed to ensure the people have a voice. Particularly the
environmental and the youth boards. I have not understood what is gained by eliminating these
boards.
It seems that money is being spent in areas that I question the need. Why would Huntington
Beach need a lobbyist? Also the payouts for questionable lawsuits. I hope the public is able to
hear the reasoning behind each expenditure.
Please have an open mind to people who may not agree with your opinions. Give everyone a
chance to voice their opinion and learn from people who have a different perspective. I know I
have learned from people who I have disagreed with and found valued information when I gave
them a chance to explain their ideas.
Moore, Tania
From: Fikes, Cathy
Sent: Tuesday, September 5, 2023 9:40 AM
To: Agenda Alerts
Subject: FW: Tonight's Agenda
From:Joclyn Rabbitt-Sire <joclynsire@gmail.com>
Sent:Tuesday, September 5, 2023 9:23 AM
To: CITY COUNCIL(INCL. CMO STAFF) <city.council@surfcity-hb.org>
Cc: Strickland,Tony<Tony.Strickland@surfcity-hb.org>; McKeon, Casey<Casey.McKeon@surfcity-hb.org>; Van Der
Mark, Gracey<Gracey.VanDerMark@surfcity-hb.org>; Moser, Natalie <Natalie.Moser@surfcity-hb.org>; Burns, Pat
<Pat.Burns@surfcity-hb.org>; Kalmick, Dan <Dan.Kalmick@surfcity-hb.org>; Bolton, Rhonda <Rhonda.Bolton@surfcity-
hb.org>
Subject:Tonight's Agenda
Dear Mayor Strickland, Mayor Pro Tern Van Der Mark, and Councilmembers Bolton, Burns, Kalmick, McKeon,
and Moser,
I am writing to ask you to please vote no on the following agenda items for tonight's
meeting: 15,16,22,29,30,31,32,34, and 35. I will explain my rationale for a few of them below:
Item #34, the Move to Censure Council Member Moser has no place on the agenda, and must be voted
down. Anyone who watches the heated exchange from the August 1 meeting can see that it is the Mayor Pro
Tern, not the Councilwoman who is making attacks and defamatory allegations. The questions Councilwoman
Moser posed are germane to the matter of choosing members of an ad-hoc committee charged with amending
the City's Declaration of Policy on Human Dignity, and were made because of factual evidence that would cast
Mayor Pro-Tern Van der Mark's ability to guide the revisions fairly and impartially in doubt. Please vote NO on
this item.
Item #30, Introducing city charter amendment ballot measures for Mar 5, 2023 primary election, is an
extremely cumbersome one that would waste taxpayer dollars and harm the community in a multiplicity of
ways if the proposed ballot measures pass. The provision consolidating authority to cancel city council
meetings in the mayor alone takes voice away from the other members on the council. Proposing an
ordinance to require voter ID and monitor drop boxes is a move to restrict voting access. The measure
concerning flags on city property is confusing, because the council majority already voted to restrict the flags
flown, taking away the display of the LGBTQ+ Pride flag over City property in June. The only positive thing I
can see about that measure is the possibility that the voters would have the chance to reverse the previous
decision made by the Council. What would make more sense is for the Council to reverse the decision made
on the flag policy earlier in the year. Please refrain from wasting $1.2 million of the taxpayers' money to front
this set of harmful ballot measures.
Item #32 appears to only "consider" the revisions made to the Declaration of Policy on Human Dignity and not
move to approve them. Good thing, because the draft is nowhere near ready to approve! Please consider the
revisions detrimental to HB's character as a community and throw them out. Please go ahead and follow part
B of the item, and dissolve the ad-hoc committee, which produced the shameful draft, and leave the
Declaration alone!
Thank you for your consideration.
Joclyn Rabbitt-Sire
Resident of SE Huntington Beach
z
Moore, Tania
From: Fikes, Cathy
Sent: Tuesday, September 5, 2023 9:41 AM
To: Agenda Alerts
Subject: FW: Please oppose agenda items 15, 16, 29, 30, 31, 32, 34, 35
From:Jessamyn Garner<jessamyngarner@gmail.com>
Sent:Tuesday, September 5, 2023 9:33 AM
To: supplementalcomm@surfcity-hb.org; CITY COUNCIL(INCL. CMO STAFF)<city.council@surfcity-hb.org>
Subject: Please oppose agenda items 15, 16, 29, 30, 31, 32, 34, 35
Dear Huntington Beach City Council,
I wish I could attend the meeting tonight, but unfortunately I was exposed to Covid over the weekend.
I want to keep my neighbors safe so I plan to stay home.
As a resident of Huntington Beach, I am appalled by many items on tonight's agenda. The policies and
decisions that are being considered are hurtful to minorities in this community and they do not
represent my values of inclusion and integrity.
I urge you to oppose agenda items 15, 16, 29, 30, 31, 32, 34, and 35.
Specifically, as a member of the LGBTQ+ community, I reject the statement of Human Dignity that
has been warped to include transphobic rhetoric that will directly impact my ability to live in this
community.
I know based on previous behavior and voting records from the council that this email and the
hundreds of other comments you will receive in the next 18 hours will not likely change your minds.
Just know that your constituents are paying attention to your actions and we will vote accordingly.
Making it harder for us to vote and passing threatening policies will not deter us from showing up to
the polls. On the contrary, it will galvanize us and we will show up in even greater numbers.
We won't allow this city to continue to be led by hateful rhetoric and exclusionary policies.
Jessamyn Garner
(they/them)
i
Moore, Tania
From: Fikes, Cathy
Sent: Tuesday, September 5, 2023 4:11 PM
To: Agenda Alerts
Subject: FW: City Council Agenda 9/5/23
From: Buffie Channel <hbbuffie@gmail.com>
Sent:Tuesday, September 5, 2023 1:59 PM
To: CITY COUNCIL(INCL. CMO STAFF) <city.council@surfcity-hb.org>; supplementalcomm@surfcity-hb.org
Subject: City Council Agenda 9/5/23
Attention City Council,
First of all, it is appalling that Strickland, Van der Mark, and McKeon never responded to my email regarding
the attempted assault against me at the last meeting by the man who also harassed the mobile home group while
they spoke. This man used profanity, flipped me off and subsequently attempted to injure me by trying to trip
me as I went back to my seat. This man also cussed att the police officers and accused them of lying and called
them "DICKHEADS" to their faces. Not one of you offered any concern, outreach or attempted to find out what
happened. More appalling was the email I received from Mr. Burns -basically saying I should have been
arrested,that I was the assaulter, and that I was the instigator. All lies- and absolutely disgusting. Shame on all
of you 4 who supposedly "represent all of us". That man lied about me,he lied about the police and he was
violent and should have been removed immediately. Mr. Stickland, as the "Presiding Officer" of the meeting
you should have found out what happened and had the perpetrator removed.Had I been actually injured and
wasn't able to catch myself from falling,you would be being sued. It is your duty under the Brown Act to
provide a safe environment for the public to present their input to the Council. I cannot tell you how many
people reached out to me to say that they don't feel safe in the Chambers right now while you all are in charge.
That is really sad and reflects the culture and environment in the Chambers that the four of you as the current
City Council majority is promoting.
Item 15: Against
No way should we pay $7500 to Stapleton and Associates. They were found to be the least qualified in the
group that applied. Before we understand what the relationship is between this Council majority and Stapleton-
I say NO! Cronyism has no place in Huntington Beach.
Item 16: Against
This is unneccesary as the library already has mechanisms in place for anyone questioning a book. Dumb- and
just a ginned up issue when there isn't one. This is just a nod to Gracey's pet project of book banning and
censorship.
Item 22: Against
Yet another failure by our current City Attorney who keeps advising the Council incorrectly and getting slapped
by Sacramento. Come up with a viable housing element so we can avoid these tax payer funded penalties!
Geez!
Item 29: Against
1
Are you kidding me?My local government wants to tell me where and when I can stand on a MEDIAN?Dont
you have better things to do?Completely moronic. So I guess all the people watching the parade on the 4th on
the green median in front of HBHS are going to be given tickets? Do you think anything through?
Item 30: AGAINST !!!
NO CHANGES TO OUR CITY CHARTER!
this is THE most hypocritical City Council majority ever! Didn't you all run on being transparent and against
changes to the City Charter????I cannot imagine the mental gymnastics you had to do to sign off on this load.
AND ALL OF THIS DONE BEHIND CLOSED DOORS WITH NO PUBLIC INPUT -NO PUBLIC
COMMITTEE AND NOT EXPERT INPUT!?! THIS IS EXACTLY WHAT YOU RAN AGAINST!
YOU ARE HYPOCRITES AND YOU'LL PROBABLY OPEN US UP TO YET ANOTHER LAWSUIT
THAT WE WILL LOSE.
-NO -we do not need to change the way our elections are run with local control. You do know most people
vote by mail, right??Unneccessary bloviated budget blow up to accommodate a right wing talking point. There
is no need for this. Our County Registrar office is very competent. I have personally been a vote counting
observer. They run a tight ship, signatures are verified, and they have never had a dispute regarding fraud of any
kind.
-NO -We don't want to change the qulaifications of the City Clerk
-NO -we don't want the Council and the Mayor to have the power to change meeting and agenda items with
no public input.
NO - we don't want to pay $1.2 MILLION dollars for these to be put on the ballot! NO!
Item 31: Against
-NO -None of the committees should be disbanded. This is cowardly and is a power play causing the outcome
of less public input and participation. This is the antithesis to what a City Council should represent.
Item 32: Against
Item 34 -AGAINST
Ms. Moser had every right to question Van der Mark's ability to perform on that committee considering her past
ties to New-Nazis and Holocaust Denial.
Item 35: Against
More ridiculousness. Moronic agenda item.
Sincerely,
Buffie Channel
2
Moore, Tania
From: Nancy Bramet <nevonwb@gmail.com>
Sent: Tuesday, September 5, 2023 11:17 AM
To: CITY COUNCIL(INCL. CMO STAFF); supplementalcomm@surfcity-hb.org
Subject: Natalie Moser
Hello Council,
You are looking into censoring Natalie Moser for trying to ask a question to other council member, Gracey Van Der
Mark. Council member Moser was in her full rights to ask this question at the meeting. If you are going to put Gracey
Van Der Mark (which you did) on a community that mentions this subject for the human rights concerning this
subject, that is a fair question. I believe council needs to go back and look at the video of that night. Mrs.Van Der
Mark interrupted Ms. Moser before she could finish her comment/question. Also Mr. Mayor you said the question was
asked and answered. Check video, it was not. It was deflected with the help of other members of the council but it was
not answered. So I would like to have Mrs.Van Der Mark answer the questions that Ms. Moser tried to ask.
1. Does Gracey Van Der Mark believe that the holocaust happened?
2. Do you have the same believes as the Proud Boys?
These are very valid questions and Mrs.Van Der Mark, in the past you may have answered them to someone but I have
never hear the answer and as a citizen of this city, I believe we have the right to know your answers to them. Also
everyone that is going to be on the community should answer these questions as well. I don't need or want an
explanation just a yes or no will work.
With that being said some of you appear to have your minds made up as soon as you walk into the room and whatever
the citizens say seems to fall on deaf ears. You work for the citizens of Huntington Beach. That is the reason I ask the
questions because it seems that your personal believes always come into your decisions on voting for issues etc. For this
reason they are very important questions to ask. The censoring does come across that this is deflection of what is really
going on in our council. As was the book ban. Get people hot over these issues and they don't have the energy to ask
questions with you on the real issues. Lawsuits on the anti-housing... WHY? A special election is not needed for Charter
Amendments it can wait until the next election to do this if still important.Why is it important to spend 1.2 Million for
this? I heard some arguments from city attorney, not really great ones so need more information on this. Also
information regarding the Federal Government Affairs, why has the mayor choosen who he has? Not sure if whom he
chose is good or bad,just want to know why he chose who he did? And if I have any of this incorrect.....then I have
really made my point, I haven't been informed at council meetings.
Just on a side note: I went to a city planning meeting a few weeks back. Council could learn from them. They listen to
the public. Debated and asked questions that were relevant to what the public was saying. It didn't feel like they were
stones up there. (I am not saying you all do this but many do). I don't understand also why you listen to the people,
then vote without even considering what the people in the room have said. Is this so that we no longer attend to make
our voices heard? Our time is valuable as well so be respectful of it and our collective voices.
We have a council that has different viewpoints. That is fine, actually good but you need to debate, not take it
personal. If you can't do that then this isn't the job for you.
Regards,
Mrs. Bramet
1
Moore, Tania
From: Tamantha Bowman <tamanthajbowman@gmail.com>
Sent: Tuesday, September 5, 2023 11:38 AM
To: supplementalcomm@surfcity-hb.org; CITY COUNCIL (INCL. CMO STAFF)
Subject: Hunting Beach City Council Agenda SEP 5, 2023
I'm writing this as a citizen homeowner of Huntington Beach and retired member of the armed forces that served 23
years.
Tonight's agenda is outrageous and alarming.Trying to change a large group of Charter Amendments, rewrite the
Statement of Human Dignity and censure Natalie Moser all in one night is egregious.
As a member of the Armed Services I support Natalie Moser questioning Gracey Van Der Mark and her problematic
history. Ms.Van Der Mark's denial of the Holocaust and her support of the Proud Boys is exactly what EVERY HB CITIZEN
should be made aware of. Furthermore, her attacks on the LGBTQ+community are increasingly horrifying. Pride flag
removals, book bans and gender identification mandates guised as Human Dignity are far right agenda items.
As a whole,the newly elected members of our city council continue to lack inclusion and equality for all our citizens. By
continuing to push and vote for non-inclusive agenda items the ideology is clear.
According to transequalitv.org it's estimated there are over 134,000 American veterans that identify as transgender and
15,000 trans people are serving in the military today. www.transequalitv.org THEY have and did SIGN THE DOTTED LINE,
reading all of the city council bios as far as I can tell NONE of you have.
I joined in 1992 and earned 2 National Defense ribbons during my time served. I earned my first one by joining ranks
fresh out of high school in (1992-1995)for the Gulf War and the second for serving during the Global War on Terrorism
(2001-2022.)
Orange County and Huntington Beach are home to many in the LGBTQ+community whether you want to see it or
continue to deny it. We have LGBTQ+youth that deserve to feel included in their community.Your continued actions
and voting to dismiss this part of our community continues to demonstrate your willingness to encourage hate and
ignorance.
According to an article in The Hill dated April 27th, 2023 1 in 4 high school students identifies as LGBTQ as stated by
2021 data by the CDC. No amount of book banning, or gender identification requirements will deter that factual trend.
Who are we pandering to that a mask and vaccine ban are on the agenda? I work and live in Huntington Beach. I care
about the health of our community.There is nothing "unnecessarily limiting freedoms of the citizens" by putting a mask
on; especially if you are not vaccinated or boosted. Covid-19 cases are on the rise again in Orange County and I find it
irresponsible to have a city leader encourage an anti-mask/anti-vaccine rhetoric.
I DO support Natalie Moser
I DO support our LGBTQ+community and bringing back the Pride Flag to our City Properties especially at the pier.
I DO support E-bike/bike regulations
I DO NOT support hiring a lobbyist, or dissolving the Human Relations Committee, or the HB Youth board.
I DO NOT support book bans.
I DO NOT support limiting any rights to vote or increased ID checks/monitoring of ballot boxes or intimidation of voters.
I DO NOT support a special election to be held on March 5, 2024 and wasting 1.2 million dollars of our tax money.
I DO NOT support a power grab by making abrupt charter changes.
1
NO to agenda items: 15,16, 22, 29, 30, 31, 32, 34, 35.
I would like to see our city council FOCUS on our homeless and motor homeless parking issues plaguing our city.
I'm glad to see the City Attorney's wife drop out from being considered for City Clerk.
Respectfully,
Tamantha Bowman
USCG CHIEF WARRANT OFFICER 3 RETIRED
2
Moore, Tania
From: Wendy Rincon <wlrincon1995@gmail.com>
Sent: Tuesday, September 5, 2023 11:41 AM
To: CITY COUNCIL (INCL. CMO STAFF); supplementalcomm@surfcity-hb.org
Cc: Paul Rincon; Sydney Rincon; Moser, Natalie; Kalmick, Dan; Bolton, Rhonda; Strickland,
Tony;Van Der Mark, Gracey; McKeon, Casey; Burns, Pat
Subject: Tuesday, September 5, 2023 HB City Council Agenda
Hello Huntington Beach City Council members,
I have highlighted my responses to tonight's agenda items to make it easier for you. I will also be speaking at tonight's
meeting. I cannot express enough how angry and disgusted my family (in copy) and I are regarding tonight's agenda
items. In particular, the vote to censure Councilwoman Natalie Moser. She has and will continue to have our full
support.
15. 23-673 Consider Intergovernmental Relations Committee (IRC) recommendation to approve and authorize execution
of Professional Services Contracts with Kahn, Soares, & Conway LLP for State Legislative Advocacy Services and with
Stapleton &Associates for Federal Legislative Advocacy Services
A) As recommended by the Intergovernmental Relations Committee, approve and authorize the Mayor and City Clerk to
execute a Professional Services Contract between the City of Huntington Beach and Kahn, Soares, & Conway LLP for
State Legislative Advocacy Services; and
B) As recommended by the Intergovernmental Relations Committee, approve and authorize the Mayor and City Clerk to
execute a Professional Services Contract between the City of Huntington Beach and Stapleton &Associates for Federal
Legislative Advocacy Services.
YOU ARE GOING TO WASTE PRECIOUS TAX PAYER MONEY FOR A LOBBYIST FOR THE CITY OF HB IN DC?ARE YOU JUST
TRYING TO MAKE YOURSELVES KNOWN ON A NATIONAL STAGE?
16. 23-741 Redirect staff to return to City Council on October 17, 2023 with actionable policy options regarding City
library materials and safeguards Amend the June 20, 2023 Council direction by directing staff to return with actionable
policy options related to safeguards over City library materials on October 17, 2023.
CALL THIS WHAT YOU WANT, BUT THIS IS A BOOK BAN. YOU HAVE NO RIGHT TO DICTATE WHAT THE LIBRARIANS, WHO
ARE TRAINED IN LIBRARY STUDIES, SELECT FOR BOOKS. BOOKS ARE ALREADY SELECTED AND PLACED IN AGE
APPROPRIATE STACKS. STOP USING THE EXCUSE OF "WANTING TO PROTECT THE CHILDREN." IT IS UP TO PARENTS TO
DECIDE WHAT BOOKS ARE APPROPRIATE FOR THEIR CHILD/CHILDREN TO CHECK OUT. RATING BOOKS IS ALSO
INAPPRORIATE. WHO WOULD BE DOING THE RATING? IF YOU DON'T WANT YOUR CHILD TO READ ABOUT TWO MALE
PENGUINS RAISING A CHICK, THEN DON'T LET THEM CHECK IT OUT. BOOKS ARE A WINDOW INTO OUR WORLD. BOOKS
ARE KNOWLEDGE. BOOKS ARE AN ESCAPE. BOOKS ARE A PLACE TO LEARN ABOUT OUR BODIES, CULTURES,THE WORLD
AROUND US. IF YOU ARE SCARED BY OUR PROGRESSING WORLD, THEN DON'T LET YOUR CHILDREN READ THOSE
BOOKS. I GUESS I SHOULD THANK YOU THOUGH, MY DAUGHTER SYDNEY SPOKE AT THE JUNE MEETING AND ENDED
GOING VIRAL FOR HER WELL THOUGHT OUT, ELEQUENT, AND VERY INFORMATIVE SPEECH THAT SHE DELIVERED TO
YOU. HER COLLEGE EDUCATION IS PAYING OFF. YOU ARE ON THE WRONG SIDE OF HISTORY.
1
22. 23-726 Authorize the Appropriation and Transfer of$3,650,000 of Litigation Reserves and $181,000 of FY 2023/24
General Fund Available Surplus to the General Liability Fund to fund the payment of attorney's fees for Kennedy
Commission v. City of Huntington Beach and City of Huntington Beach v.the State of California
Approve the appropriation and transfer of$3,831,000 from the General Fund to the General Liability Fund business unit
no. 55240101 to fund the payment of attorney's fees for Kennedy Commission v. City of Huntington Beach and City of
Huntington Beach v.the State of California.
THE AMOUNT OF MONEY THAT YOU ARE COSTING US, HB TAXPAYERS, IS UNBELIEVABLE! NOTHING LIKE PLAYING WITH
OTHER PEOPLE'S MONEY, RIGHT?AGAIN, I THINK THAT THESE LAWSUITS AND PAYOUTS ARE JUST A WAY TO TRY AND
MAKE A NAME FOR YOURSELVES AND MICHAEL GATES. WE SEE IT FOR THE POWER GRAB THAT IT IS.
30. 23-700 Consider the submission of 3 Charter amendment ballot measures for voter approval at the March 5, 2024
Statewide Primary Election, and the adoption of Resolution Nos. 2023-42, 2023-43, 2023-44 and 2023-45
A) Consider the three proposed Charter amendment ballot measures, ballot language, and exhibits for placement on the
March 5, 2024 Statewide Primary Election ballot for voter approval; and
B) Adopt Resolution 2023-42, "A Resolution of the City Council of the City of Huntington Beach, California, Call for the
Holding of a Special Municipal Election to be held on Tuesday, March 5, 2024,for the Submission to Voters Questions
Relating to City Charter Amendments," and
C) Adopt Resolution 2023-43, "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 Special Municipal Election to be held on March 5,
2024, with the Statewide Primary Election to be held on the Date Pursuant to§ 10403 of the Elections Code," and
D)Adopt Resolution 2023-44, "A Resolution of the City Council of the City of Huntington Beach, California,Setting
Priorities for Filing Written Arguments Regarding City Measures and Directing the City Attorney to Prepare Impartial
Analysis," and
E)Adopt Resolution 2023-45, "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," and F) Appropriate $1,200,000 in
General Funds to business unit 10010201.
CHANGES TO THE CHARTER THAT WILL COST US TAXPAYERS UPWARDS OF$1.2 MILLION DOLLARS! HOW IS THAT A
GOOD USE OF TAXPAYER FUNDS? ITS NOT.
31. 23-693 Adopt Resolution No. 2023-40 and approve for introduction Page 9 of 12 City Council/Public Financing
AGENDA September 5, 2023 Authority Ordinance Nos.4296,4295,4298,4299,4297,4300, and 4301 to amend the
Huntington Beach Municipal Code to streamline, consolidate,and/or dissolve a select number of the City's Boards,
Commissions, and Committees and Council Committees
A)Approve the official dissolution of the City Council Short-Term Rentals Ad Hoc Committee, Housing/RHNA Ad Hoc
Committee, and Cannabis Regulation and Policy Ad Hoc Committee by minute action; and/or
IT IS UNBELIEVABLE TO YOU DISSOLVING COMMISIONS THAT ALLOW FOR HB CITIZENS TO BE ACTIVE PARTICIPANTS IN
OUR LOCAL GOVERNEMENT. IT IS A POWER GRAB THAT YOU ARE DISSOLVING THESE COMMISSIONS SO THAT YOU DO
NOT HAVE TO HEAR FROM VOICES OTHER THAN YOUR OWN.
B) Approve renaming of the Urban Design Study Ad Hoc Council Committee to the Downtown and Beach Front Ad Hoc
Council Committee and broadening their scope of work by minute action; and/or
C)Adopt Resolution No. 2023-40, "A Resolution of the City Council of the City of Huntington Beach repealing Resolutions
2002-106 and 2021-66, and dissolving the Human Relations Committee;" and/or
2
DISSOLVING THE HUMAN RELATIONS COMMITTEE IS ABSOLUTELY DISGUSTING! HB HAS A TERRIBLE REPUTATION NOT
ONLY LOCALLY, STATEWIDE, BUT ALSO NATIONALLY. DO YOU REALLY THINK THIS A GOOD THING FOR A CITY THAT
BOASTS OF BEING A TOURIST DESTINATION? WELL, I GUESS THAT DEPENDS ON THE TYPE OF TOURIST YOU ARE
SEEKING. THE SORT THAT WOULD ATTEND JANUARY 6TH, RIGHT? I THINK YOU SHOULD GO BACK AND LOOK AT THE
STATISTICS FOR HOW MUCH DISPOSABLE INCOMETHE LGBTQ+ COMMUNITY HAS TO SPEND ON TRAVEL. I CAN ASSURE
YOU THAT THEY ARE NOT SPENDING THEIR MONEY HERE. BUT, AGAIN, THAT IS THE POINT FOR YOU ISN'T IT?
D) Approve for Introduction Ordinance No. 4296, "An Ordinance of the City of Huntington Beach repealing Ordinance
No. 4168 and delete Chapter 2.104 of the Huntington Beach Municipal Code dissolving the Jet Noise Commission;"
and/or
E) Approve for Introduction Ordinance No.4295, "An Ordinance of the City of Huntington Beach repealing Ordinance
No. 3332 and delete Chapter 2.112 of the Huntington Beach Municipal Code dissolving the Mobile Home Advisory
Board;" and/or
ARE YOU DISSOLVING THIS BOARD AT THE REQUEST OF THE MOBILE HOME PARK OWNERS BECAUSE THIS CERTAINLY IS
NOT IN THE BEST INTERESTS OF THE MOBILE HOME PARK RESIDENTS. MANY OF WHOM HAVE BEEN ATTENDING THESE
CITY COUNCILS MEETING FOR MONTHS URGING, NO BEGGIN, YOU NOT TO DISSOLVE THE GROUP. THEY NEED OUR HELP
BUT INSTEAD YOU ARE SILENCING THEM. TO VOTE AGAINST SOME OF OUR MOST VULNERABLE RESIDENTS IS BEYOND
UNCONSCIONABLE.
F) Approve for Introduction Ordinance No. 4298, "An Ordinance of the City of Huntington Beach deleting Chapter 2.102
of the Huntington Beach Municipal Code and dissolving the Environmental and Sustainability Board;" and/or
WITHOUT A HEALTHY HB ENVIRENOMENT, NOT ONLY WILL OUR QUALITY OF LIFE DIMINISH, BUT SO WILL THE TOURSTI
DOLLARS THAT YOU ARE SO DESPERATE FOR. AND WHY WOULD YOU WANT TO HAVE RESIDENTS HAVING AN ACTIVE
ROLE IN OUR ENVIRONMENT?
G) Approve for Introduction Ordinance No. 4299, "An Ordinance of the City of Huntington Beach Amending the
Huntington Beach Municipal Code by amending Chapter 2.111 thereof related to Citizen Infrastructure Advisory
Board/Public Works Commission"; and approve the official dissolution of the Smart Cities and Technology Council
Committee by minute action; and/or
POWER GRAB AND SILENCING HB RESIDENTS PARTICIPATION IN OUR GOVERNMENT.
H) Approve for Introduction Ordinance No. 4297, "An Ordinance of the City of Huntington Beach deleting Chapter 2.108
of the Huntington Beach Municipal Code and dissolving the Huntington Beach Youth Board;" and/or
POWER GRAB AND SILENCING HB RESIDENTS PARTICIPATION IN OUR GOVERNMENT.
I) Approve for Introduction Ordinance No. 4300, "An Ordinance of the City of Huntington Beach amending the
Huntington Beach Municipal Code by amending Chapter 2.106 thereof related to Fourth of July Executive Board;" and/or
J) Approve for Introduction Ordinance No. 4301, "An Ordinance of the City of Huntington Beach amending the
Huntington Beach Municipal Code by amending Chapter 13.54 Recommended Action: Page 10 of 12 City Council/Public
Financing AGENDA September 5, 2023 Authority thereof related to Specific Events;" and/or
K) Approve the official dissolution of the City Council Boards, Commissions, and Committees Review Ad Hoc Committee
upon approval of recommended actions above.
POWER GRAB AND SILENCING HB RESIDENTS PARTICIPATION IN OUR GOVERNMENT.
32. 23-734 Consider the Ad Hoc Committee's proposed Policy on Human Dignity
A) Consider the Ad Hoc Committee's amended Policy on Human Dignity, and
3
THE PROPSOSED CHANGES TO THE POLICY ON HUMAN DIGNITY IS MOST VILE PIECE OF HOMOPHOBIA AND
TRANSPHOBIA THAT YOU COULD HAVE PRODUCED. YOU CAN TRY TO HIDE YOUR GOAL AND INTENTIONS
BEHIND "PROTECTING CHILDREN". THE "POLICY ON HUMAN DIGNITY " HAS MORE HATEFUL RHETORIC FROM
THE FAR RIGHT ABOUT GROOMING AND THE GENDER BINARY. WHY ARE YOU SO OBSESSED WITH THIS?! AS A
PARENT AND ALLY TO THE LGBTQ+ COMMUNITY I AM ENRAGED BY YOUR WORDS. IF YOU MOVE FORWARD
WITH THE PROPSED LANGUAGE, MY FAMILY AND OUR COMMUNITY WILL DO EVERYTHING IN OUR POWER TO
FIGHT YOU ON THIS, REPORT YOU FOR CREATING A HOSTILE AND HOMOPHOBIC AND TRANSPHOBIC CITY,
AND TO HAVE YOU REMOVED, EITHER BY A RECALL OR WHEN YOU ARE UP FOR REELECTION.
B) Formally dissolve the Ad Hoc Committee.
POWER GRAB AND SILENCING HB RESIDENTS PARTICIPATION IN OUR GOVERNMENT.
34. 23-731 Submitted by Mayor Strickland and Council Members Burns and McKeon - Move to Censure Council Member
Moser
By Minute Order, or majority vote of City Council tonight, censure Councilwoman Moser for the aforementioned
statements and hostile/personal escalation made at the Council Meeting on August 1, 2023; that those statements and
hostile/personal escalation be deemed "inappropriate," declare that they are not the views/statements of the City
Council, and serve as a reminder that those types of statements and hostile/personal escalations do not meet either
professional decorum required at City Council nor the goals of the Declaration of Policy of Human Dignity.
COUNCILWOMAN NATALIE MOSER DID NOT GIVE UP HER FIRST AMMENDMENT RIGHTS TO FREE SPEECH BY SITTING ON
THE DAIS.THIS IS A POLITICAL MOVE TO PROTECT GRACEY VAN DER MARK. ANYONE THAT HAS PAID ANY ATTENTION TO
HER AND HER RECORD, KNOWS THAT SHE HAS AN EXPREEMLY PROBLEMATIC WITH ASSOCIATING WITH
UNDESIREABLES, IS A HOLACAUST DENIER, AND SHOULD ABSOLUTELY NOT BE ON THE HUMAN RIGHTS COMMISSION.
JUST LOOK WHAT THAT COMMISSION IS PROPOPSING IS PROPOSING IN AGENDA ITEM 32 A. COUNCILWOMAN NATALIE
MOSER HAS A RIGHT TO SPEAK UP REGARDING HER'S AND OUR RESERVATIONS AND DEEP CONCERNS ABOUT GRACEY
BEING ON THAT COMMISSION. WHEN THE ANTI DEFAMATION LEAGURE WEIGHS IN AGAINST SOMEONE,THAT IS VERY
TELLING AND AGAIN, DEEPLY CONCERNING.
"The Anti-Defamation League weighed in on Van Der Mark with a letter sent to city council on Friday.
"We don't always write letters but when we do it's because we feel very strongly that it's an
opportunity for you as the mayor and the city council to take the statement and do what's right and
accurate," Levi said at council. "It's not about liberals or conservatives. It's about extremists that are
beyond the spectrum."
Obtained by the Weekly, the ADL letter echoed the call for an investigation into Van Der Mark's
remarks and associations. "There is ample evidence she has made bigoted and hateful comments and
that she has participated in activities organized and led by white supremacists," Levi wrote. "These
words and actions call into question her ability to serve as an appointed leader in the Huntington
Beach community." The organization noted the Weekly's reporting and described Van Der Mark's
"colored people" comments about Jews as "classic anti-Semitic trope" in stating she should be
removed from her commission post.
And it's not just antisemitism. The ADL also noted Van Der Mark belonged to a Three Percenters
Facebook group and made Islamophobic comments on the social media site suggesting that the U.S.
Department of Education is funding sharia indoctrination in public schools. Did we mention that Van
Der Mark also serves on the Ocean View School District Measure R Citizens Oversight Committee in
Huntington Beach? Maybe she's making sure taxpayer funds don't go towards construction mosques
on school grounds or something."
4
https://orangecounty.adl.org/news/anti-defamation-league-joins-call-for-hb-finance-commissioners-
removal/
35. 23-738 Submitted by Mayor Pro Tern Van Der Mark- Resolution Declaring City to be a "No Mask and No Vaccine
Mandate"
City The City ban broad (universal) mask and vaccine mandates; City Manager to return to Council with a Resolution at
the next regular meeting declaring the City to be a "no mask and no vaccine mandate City" as a response to COVID-19 or
any variants. Individuals, whether at City Hall or in the private sector, should have a right to choose whether to wear a
mask or get vaccinated or boosted.
THIS IS JUST ANOTHER ATTENTION SEEKING PROPOSAL BY GRACEY FOR HER FAR RIGHT, ANTI VAX, WHITE NATIONALIST
FOLLOWERS.THIS IS NOT IN THE CITY'S BEST INTEREST, ESPECIALLY AS YOU SEEK MASSIVE TOURIST DOLLARS. AND WHY
THE PROPOSAL NOW?SHE NEEDS TO SHOW HER FOLLOWERS AND MOMS OF LIBERTY THAT SHE IS TOWING THEIR
NATIONAL AGENDA?
If I have misconstrued or misunderstood any part of this agenda, then I look forward to a response detailing where I
have been inaccurate or misunderstood.
I look forward to your replies.
Sincerely,
Wendy Rincon
49 year HB Resident
714-501-9499
5