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HomeMy WebLinkAboutAuthorize the Appropriation and Transfer of $3,650,000 Litig (2) 0 NTING70 2000 Main Street, of Huntington Beach,CA Cityof Huntington Beach 92648 o ` `. s 'Q 7 g APPROVED 7-0 FCOuNTY ✓'r File #: 23-726 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: Michael E. Gates, City Attorney Sunny Han, Chief Financial Officer PREPARED BY: Michael E. Gates, City Attorney Subject: 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 Statement of Issue: Authorization to appropriate and transfer $3,650,000 of Litigation Reserves and $181,000 of General Fund FY 2023/24 Available Surplus to the General Liability Fund is requested 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. Financial Impact: The fiscal impact includes a General Fund (100) budget appropriation of $3,831,000 and transfer to the General Liability Fund (552) for the payment of attorney's fees. $3,650,000 will come from the General Fund Litigation Reserve and the remaining $181,000 from the General Fund FY 2023/24 available surplus. Recommended Action: 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. Alternative Action(s): Do not approve the recommended action, and direct staff accordingly. Denial of this request would result in the accrual of interest and noncompliance with a legal judgment. City of Huntington Beach Page 1 of 2 Printed on 8/31/2023 powere`�7tgg'LegistarTM' File #: 23-726 MEETING DATE: 9/5/2023 Analysis: The Kennedy Commission lawsuit was filed in July 2015 alleging the City's Beach Edinger Corridors Specific Plan (BECSP) amendments of May 2015 were in violation of California's Housing Element laws. The case was tried in Superior Court, with an initial decision in favor of the Plaintiff. The City appealed the trial court decision and prevailed upon appeal. The Supreme Court denied review, which operated to uphold the Court of Appeal's decision in favor of the City. There were also two other legal disputes in the case that, upon Appeal, resulted in wins for the City. In total, the City prevailed in each of the three Appeals in this case; the City has not lost any judicial determinations on the merits of the challenges brought by Kennedy Commission over the City's May 2015 BECSP Amendments. In February 2020, the City adopted a revised Housing Element in order to become eligible for State SB 2 funding in order to address the homeless crisis in the City. Because of the City's SB 2 eligibility, the City has received over$1,000,000 from the State in SB 2 funds. In response, the Kennedy Commission requested its remaining claims against the City be dismissed and filed a motion for attorney's fees. In July 2021, the Superior Court awarded the Kennedy Commission $3.5 million in attorney's fees based on the "Catalyst Theory," i.e., that even though the Kennedy Commission never won a legal battle in this case, its lawsuit presumably "caused" the City to update its Housing Element in 2020. This decision too was appealed. The appeal was denied in July 2023. The FY 2023/24 Budget was adopted by City Council on June 26, 2023, for the fiscal year beginning July 1, 2023. The existing budget appropriation in the Self Insurance General Liability business unit (55240101) is insufficient to fund the $3,831,000 payment of attorney's fees awarded for Kennedy Commission vs. City of Huntington Beach and City of Huntington Beach vs. The State of California. $3,650,000 is available in the General Fund Litigation Reserve to fund this request. Sufficient General Fund revenues are available to fund the balance of the request of$181,000. Corresponding appropriations of $3,831,000 in the Self Insurance General Liability business unit (55240101) is also requested to pay the judgment, which is offset with a transfer in from the General Fund. Environmental Status: Not applicable Strategic Plan Goal: Economic Development & Housing Fiscal Sustainability, Public Safety and other Attachment(s): None. City of Huntington Beach Page 2 of 2 Printed on 8/31/2023 powera27rfy LegistarrM Moore, Tania From: Cora Zeek <crzeek13@gmail.com> Sent: Sunday, September 3, 2023 5:52 AM To: CITY COUNCIL (INCL. CMO STAFF) Cc: supplementalcomm@surfcity-hb.org Subject: Sept 5 agenda items- community voice Hello I am not able to attend the city council meeting. Please find my voter opinions on the following: 1. Censuring of Moser would be embarrassingly wrong. From the video it is apparent that she brought up a difficult and awkward but legitimate concern about Van Der Mark's political background and past actions.These actions, which have been documented online in videos and the press, show to me that she has discriminatory leanings and has associated herself with aggressive hate groups. So yes, I think questioning her ability to serve on a committee focused on "human dignity" is legit. What isn't legit is how Van der Mark jumped on Moser's comment right away and called her a liar and escalated the exchange and how council members berated Moser for just questioning something that is a legitimate concern and was not a personal attack.Van der Mark should've just addressed the concern calmly if in fact her concerns had no merit. But instead, she got wildly defensive. 2. Oppose tax payer funds going to a lawsuit I was totally against. No! 3. Opposed this ridiculous and shameful "Policy on Human Dignity"this paragraph is particularly disturbing: "The City of Huntington Beach will recognize from birth the genetic differences between male and female and respect the strengths and benefits of each. Each sex carries advantages and disadvantages that warrant separation during certain activities(ie. sports). We encourage an environment free of hostility and discourage the erasure of either genders separate accomplishments." It's feels very"Handmaid's Tale" and creepy, and anti-LGBTQ. Those who wrote this seem to want the world to think HB is the west coast version of red-neck Florida. I do not think this is conducive to being an inclusive community or world class business and tourism town. "Don't go to HB it's a red neck and skin head town" has been its reputation since the 80s. I'm against perpetuating this reputation. 3. For the latter reasons, I oppose the "anti-vaccine and mask mandate" declaration. HB can't be looked at as a place where people don't care if you get sick or die by visiting a person or a business establishment in HB. These are just a few of my concerns. Best regards. SUPPLEMENTAL COMUNiCATION Meeting Date: q1 S/.a3 Agenda Item No.; (9 " -?a Co) i 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 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 i0S 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. •--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). •--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! i -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 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. 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 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 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 Moore, Tania From: Annilise Flanagan-Frankl <anniliseff@gmail.com> Sent: Monday, September 4, 2023 5:58 PM To: CITY COUNCIL (INCL. CMO STAFF); supplementalcomm@surfcity-hb.org Subject: Comments As a resident of Huntington Beach I was to express my opinion in a public format since I cannot attend the meeting on September 5, 2023. 1. The Huntington Beach City Council SHOULD NOT CENSOR Councilwoman Natalie Moser for questioning Mayor Pro Tern Gracey Van Der Mark's ability to appropriately participate in a committee to amend the city's Declaration of Policy on Human Dignity. Gracey Van Der Mark has a long history of defending history on the atrocities of the Holocaust and her friendships with the terrorist organization - the Proud Boys. 2. I OPPOSE THE UNNECESSARY ELECTION IN MARCH 2024, TO ADD AMENDMENTS TO THE CITY'S CHARTER. THIS CITY COUNCIL IS SPENDING TAXPAYERS' HARD EARNED MONE. 3. I OPPOSE THE CONTINUED SPENDING OF MY MONEY TO THE KENNEDY COMMISSION. AGAINM, THIS CITY COUNCIL IS SPENDING TAXPAYERS' MONEY ON ISSUES MAKING HUNTINGTON BEACH SEEM TO BE AN UNWELCOMING COMMUNITY TO ANYONE WHO DOESN'T "FIT" THE MAJORITY OF THOSE ON THE COUNCILS' DESCRIPTION OF "APPROPRIATE FOR THE COMMUNITY". 4. I oppose any action which would allow the City Attorney to expand his staff and to find a mechanism for his wife to become a city employee!! Nepotism is not tolerated!!! 5. I OPPOSE THE SPENDING OF MY TAX MONEY TO FUND THE AIRSHOW! THERE ARE BOTH ENVIRONMENTAL AND PRACTICAL REASONS TO NOT HAVE THE AIRSHOW. I AM APPALLED AT THE SPENDING OF TAXPAYER MONEY FOR THE MAJORITY ON THE CITY COUNCIL TO INGRATIATE THEMSELVES WITH FUTURE POTENTIAL DONORS TO THEIR POLITICAL CAREERS. 6. I OPPOSE THE DISBANDING OF COMMITTEES WITH CURRENT VOLUNTEERS PROVIDING FREE PROFESSIONAL EXPERIENCES TO THE CITY. DISBANDING THESE COMMITTEES MEANS IN THE FUTURE, THE CITY WILL HAVE TO PAY PROFESSIONALS IN AREAS IMPACTING THE COMMUNITY. Lastly, I am frustrated by the majority of City Council Members. I strongly suggest reading the book "White Privilege"! Annilise M. Flanagan-Frankl, M.A, Counsel ingPsychol ogist Nationally Certified School Psychologist Remember - the past is over, the future is a mystery,and today is a gift. That is why it is called the PRESENT. Make today count. Call: 847-226-3119 2 Moore, Tania From: Levin, Shannon Sent: Monday, September 4, 2023 7:10 PM To: supplementalcomm@surfcity-hb.org Subject: Fwd: Unprecedented Majority Overreach Get Outlook for iOS From: Dee Turner<hbdturner@gmail.com> Sent: Monday,September 4, 2023 6:01:02 PM To: CITY COUNCIL(INCL. CMO STAFF)<city.council@surfcity-hb.org> Cc: Estanislau, Robin <Robin.Estanislau@surfcity-hb.org> Subject: Unprecedented Majority Overreach First, I must urgently protest the attempt to censure Councilwoman Moser for asking whether Ms.Van Der Mark accepts the Holocaust as fact. Asking a simple question is everybody's 1st A. right, but it is compellingly correct when the council's majority is trying to amend our city's Human Rights Statement. I notice the new language clearly implies that some citizens are somehow less worthy than others.What the rest of us understand is, when somebody's rights are denied or questioned, soon NOBODY has any rights. Indeed,given the majority's aspiration to limit voting access in Huntington Beach, that seems to be the clear intent. Orange County's voting process is impeccable and has an esteemed record.That anyone would seek to limit voting suggests this majority is attempting, now that they're cozily in the barn,that they want to lock the barn gates so nobody else can get in—not the best representation of self-confidence, is it?You've made no investigation, not even a haphazard guess, of the potential costs involved, nor have you the slightest circumspection about its probable illegalities. But corruption is also blatantly clear, here. First: the Pacific Air Show was canceled because higher authorities than this city council closed beach access due to 25,000+gallons of leaked oil sludge. On the beach. Where Air Show viewers must sit.So the Air Show's lawsuit would never have reached a jury at all, being absolutely unsustainable on the merits. Yet our city attorney, Mr. Gates, decided to give$7 millions in settlement to the same company that made the majority's campaign posters.And he refuses to allow us to see why our taxes were so paid, claiming needed secrecy. Nothing should be secret which requires such a gross expenditure of taxpayer funds, unless it would reveal underlying shenanigans—and then it MUST be exposed. Is it that the Pacific Air Show knows something about this council majority the rest of us have yet to discover? Or should we expect your next campaign posters to be covered in gold leaf? Mr. Gates should at least be sanctioned by the State Bar—if not criminally indicted—especially for settling plaintiffs' unwinnable case when such obvious conflicts of interest exist. Then, too, there's the matter of his attempting to downgrade the requirements for City Clerk in order to shoehorn his wife into the position.This is nepotism and unspeakable grandiosity; perhaps Gates requires an evaluation for mental competence. Of course, if the majority could only have a City Clerk who is equally incompetent, perhaps they could then be more successful at railroading through their impractical, incredibly costly, and probably unlawful agenda. Which brings us to the$4 millions already spent, along with the next$1-1/2 million currently proposed, in your feckless and frivolous lawsuit against the state's housing mandate. If you are uninformed on this issue, be advised that 17 jurisdictions before you have already lost in court. But then,you have the illitimable Mr. Gates representing you, a man so apparently fearful of losing a case which could not legally prevail that he donated $7 millions to it. What,first you i have no confidence in your confidence man—and then you have far too much?? Of course,you would not recognize any right in Huntington Beach employees to also live in the city in which they're employed—that would mean listening to the board actually representing the 3,000+folk who live in 18 mobile home parks here, but they don't count, either,do they?Or you wouldn't think of shutting them down so you could simply ignore the people you think are less worthy citizens.And here we have Mayor Strickland,who so boldly and barefacedly lives in subsidized housing, himself! Shame on you. I detest the two-facedness,the cronyism,the utter lack of financial competence,the culture wars you support, and the corruption you've brought—instead of simply doing the job for which you were elected! Most who voted for you probably still thought being Republican meant that you would be committed to conservation and keep our wetlands safe and pristine.They likely thought it meant you would repair our many, many pockmarked streets.They may have trusted that you'd employ experts who know that pollarding trees is a very poor arboricultural practice,and that lace pruning instead helps prevent infrastructure upheaval by root systems that grow exponentially when treetops are hacked off.They probably thought you would never think to alter our beautiful Human Rights Statement so that skinheads and their deadly menace might return. But face it,you're just skinheads who dress better. I watched the 7+ hours of your recent council meeting.After, I was absolutely disgusted that you turned around at the start to pay lip service to a diverse nation you seek to infest with— shall we call it what it truly is?—FASCISM.Yes,you four,your patterns are distinctly fascist. Read up, educate yourselves! My sincere thanks to the many decent people who addressed these issues at the last meeting, especially to Robin Estanislau, who serves so well in her capacity as City Clerk—a job she is well educated to do,with ample years of exact experience,to boot—whose position I hope will not be at risk to this cockamamie attempt to lower the standards for someone who's"run a few businesses," as though that meant anything. (Why more than one? Did she run them into disaster?What has running a business to do with the complex matter of being City Clerk? How lame. If that's how Mr. Gates presents an argument, dear gods let's recall him, FAST!) I dearly wish this to be read at the next council meeting. But I'm so not holding my breath. I've lived in HB for 33 years.You don't deserve my name. 2 Switzer, Donna From: Donna Heim <dmheim123@gmail.com> Sent: Tuesday, September 5, 2023 9:24 AM To: supplementalcomm@surfcity-hb.org Subject: Shame on You for Item 22 Instead of addressing social issues,you ignore your responsibility to find affordable housing.This costs taxpayers nearly $4 millions dollars in attorney fees(not to mention the staff time to fight the state on this issue).Shame on you. Donna Heim Huntington Beach 1 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 � Senior Deputy City Clerk t City of Huntington Beach,City Clerk's Office Work (714)374-1649 From: Fran Delaney<francesbdelanev gmail.com> Sent:Sunday, September 3, 2023 2:51 PM To: CITY COUNCIL(INCL.CMO STAFF)<city.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: 724-240 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: Monika Calef <mcalef@soka.edu> Sent: Tuesday, September 5, 2023 10:31 AM To: CITY COUNCIL (INCL. CMO STAFF); supplementalcomm@surfcity-hb.org Subject: council meeting Sep 5, 2023 Dear City Council, I was very disturbed to read in the paper about the three amendments to the charter you plan to discuss in today's meeting. Unfortunately, I will not be able to attend. I strongly oppose all your changes to the city charter.The city charter has worked just fine for many years and does not require your probably illegal changes. I also strongly oppose the expensive and fruitless anti-housing lawsuits. If the city has that much money to throw away, please spend it on community centers, children's activities, and low income housing. Or how about a community pool? Last but not least I am absolutely appalled about your censuring of fellow council member Natalie Moser.What ever happened to free speech? If you do not wish to answer questions, don't run for city council but as long as Gracey Van Der Mark is our future mayor, she damn well better answer questions regarding the holocaust and her outrageous previous remarks. Sincerely, Monika Calef 1 Switzer, Donna From: Ada Hand <adajhand@gmail.com> Sent: Tuesday, September 5, 2023 8:38 AM To: supplementalcomm@surfcity-hb.org Subject: Shame on You for Item 22 Instead of paying attention to social issues,you ignore your responsibility to find affordable housing.This is causing taxpayers nearly$4 millions dollars in attorney fees(not to mention the staff time to fight the state on this issue). Shame on you. Ada J. Hand,Secretary H.B. Mobile Home Resident Coalition 714-717-1294(cell) adajhand@gmail.com 1 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 Tem. 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: 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: 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. Karin Easter Gurwell 7755 Center Avenue Suite 1100 Huntington Beach CA 92647-3091 karineaster@gurwelllaw.com September 5, 2023 Tony Strickland Gracey Van Der Mark Pat Burns Casey McKeon Dan Kalmick Natalie Moser Rhonda Bolton 2000 Main Street • Huntington Beach, CA 92648 Dear Councilpersons: • I request a "No"vote on the proposed censure of Natalie Moser.As a resident and business owner in Huntington Beach since 1988, I am increasingly dismayed at the hate and disregard shown by the majority of the current City council. Please start representing the interests of the City. I support human rights. I support flying a pride flag each June to recognize our diversity and our goal of inclusiveness and respect for all. I oppose violating State law regarding housing requirements. I especially oppose frivolous, repeated lawsuits that vainly seek to invalidate State law. I oppose further impediments to voting access. I support self-determination, specifically as to gender identification. I support freedom to live, which may require masking or vaccine regulations. Huntington Beach should never be a haven for viruses or other ills in defiance of State and Federal regulations. Please vote against proposed charter Amendments 1, 2 and 3. We want to live in a safe, rational,fiscally wise City. 44,t_„tze Karin Easter Gurwell 102 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. 1 Joclyn Rabbitt-Sire Resident of SE Huntington Beach 2 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, Bufe Channel 2 Moore, Tania From: Fikes, Cathy Sent: Tuesday, September 5, 2023 4:14 PM To: Agenda Alerts Subject: FW: Comments on Agenda for City Council Meeting 09/05/2023 From:Tim Channel <twchannel99@gmail.com> Sent:Tuesday,September 5, 2023 2:44 PM To: CITY COUNCIL(INCL. CMO STAFF)<city.council@surfcity-hb.org> Subject: Fwd: Comments on Agenda for City Council Meeting 09/05/2023 This was sent on time but with a typo in the email address. Please accept my comments as they were also sent to supplementalcomm@surfcity-hb.org. Forwarded message From: Tim Channel <twchanne199@gmail.com> Date: Tue, Sep 5, 2023 at 1:39 PM Subject: Comments on Agenda for City Council Meeting 09/05/2023 To: <city.council@surcity-hb.org>, <supplementalcomm@surfcity-bg.org> 05 September 2023 RE: Comments on Agenda for City Council Meeting (09/05/2023) Dear Council Members, I am a 30 year resident of Huntington Beach and I would like to state my profound disappointment with the need for Agenda Item #22 (Kennedy Commission vs. City of Huntington Beach). The reckless actions by the City Council in their failure to comply with California State Law are insulting. I am appalled that our City Council presumes to be above State Law and find their actions reprehensible. My tax dollars are being spent on unnecessary and frankly, embarrassing lawsuits that have no chance of success. Even if they did have a chance, the whole charade is just morally wrong. Additionally, please consider my opposition to the following agenda items: 1. Item #29 - Approve for introduction Ordinance No. 4293 Amending the Huntington Beach Municipal Code (HBMC) by adding new Chapter 10.82 regarding pedestrian use of center medians. I am strongly opposed to this unnecessary and unenforceable addition to the HBMC. What possible purpose could it serve other than the city sanctioned harassment of its citizens? i 2. Item #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. I am strongly opposed to this, once again, wasting my tax dollars on a likely unconstitutional, unnecessary action by this City Council. What problem is this trying to solve? It is a solution on search of a problem. Orange County elections have been proven safe and there has been no evidence of fraud whatsoever. It appears to be a power grab by the council at a large monetary cost. 3. Item #34 - Submitted by Mayor Strickland and Council Members Burns and McKeon - Move to Censure Council Member Moser. I am strongly opposed to this attempted abuse of power by this council to censure a fellow member who was simply asking for clarification of a position of a member of the Human Dignity Commission. 4. Item #35 - Submitted by Mayor Pro Tern Van Der Mark - Resolution Declaring City to be a "No Mask and No Vaccine Mandate" City. I am strongly opposed to this unnecessary and potentially harmful declaration. In the event of a pandemic or health emergency, is the city planning to prohibit private businesses from enforcing their own health and safety precautions? Would this be in the face of state and national safety guidelines? Does the council know more about infectious disease than the CDC? No, they don't. Thank.you for your time and consideration. Sincerely, Timothy Channel Huntington Beach 2 Moore, Tania From: Fikes, Cathy Sent: Tuesday, September 5, 2023 4:14 PM To: Agenda Alerts Subject: FW: Public Comment - City Council Meeting on Sept. 5th 2023 From:Shayla Wilson<shaylalawilson@gmail.com> Sent:Tuesday,September 5, 2023 2:50 PM To:CITY COUNCIL(INCL. CMO STAFF)<city.council@surfcity-hb.org>; supplementalcomm@surfcity-hb.org Subject: Public Comment-City Council Meeting on Sept. 5th 2023 Good afternoon, My name is Shayla Wilson. I am a resident of Huntington Beach. I strongly encourage the City Council to oppose the following items: • Item 22: The City has continued to funnel taxpayer money into a losing battle rather than comply with state mandates to provide adequate housing for those that live and work in the City. • Item 30: The First Amendment which deals with local election issues, in particular the requiring of voter identification, is extremely problematic and in fact both racist and classist. The second amendment, which would provide that the only flags permitted on city property are the U.S., county, state, city, Armed Forces and P.O.W. flags, is a thinly veiled anti LGBTQ+ amendment. Furthermore, this item would result in additional wasteful spending by the city as there would be a $1.2 Million cost for the special election. • Item 34: Councilmember Moser exercised her freedom to debate and should be able to continue to do so without fear of persecution or punishment. • And finally, item 35: The ban on mask and vaccine mandates is a complete disregard of public health guidelines and the current upward trend of COVID cases in the county. This ban indicates an anti- science stance by Councilmember Van Der Mark and would risk the health and safety of our residents. Thank you for your consideration, Shayla Wilson I. Moore, Tania From: Fikes, Cathy Sent: Tuesday, September 5, 2023 5:00 PM To: Agenda Alerts Subject: FW: Current HB City Council Agenda and Actions From:Julie Hampel <julie.hampel4@gmail.com> Sent:Tuesday, September 5, 2023 4:56 PM To: CITY COUNCIL(INCL. CMO STAFF)<city.council@surfcity-hb.org> Subject:Current HB City Council Agenda and Actions Dear HB City Council Members, I am a 7-year resident of Huntington Beach, CA, and was recently informed of 5 Agenda Items and/or Actions taken by the HB City Council. This email is to inform you that I disagree with the following issues: 1. The censorship of Natalie Moser for calling out Gracey Van Der Mark for past anti-semitic behaviors. The screaming by Ms. Van Der Mark was, in my opinion, uncalled for and unbecoming of a Council Member. 2. The payment of$4M to The Kennedy Commission for court losses. 3. The $1.2M payment for a Special Election on Charter Amendments appears to follow a similar path to the City of Bell. 4. The Award to fund the air show which was given to a contractor without a competitive bid or legal review. As voted representatives of the entire City of Huntington Beach, please log my disagreement with these items when deciding to proceed. Thank you, Julie Hampel 1918 Delaware St, Huntington Beach, CA 92648 i 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 Moore, Tania From: Jessica B. <jessicabudica@gmail.com> Sent: Tuesday, September 5, 2023 1 1:30 AM To: CITY COUNCIL (INCL. CMO STAFF); supplementalcomm@surfcity-hb.org Subject: Open Comments Letter for Tuesday, September 5, 2023 Dear City Council, I want to voice my strong objections to multiple items on the current council agenda. Myself and the majority of residents of Huntington Beach, do not want: • Changes to the City Charter that do not serve the community's best interests • Limitations to ANY library services • Continued ignoring of California laws that cost the city MILLIONS in legal fees and settlements • Censuring Council Member Moser for bringing legitimate concerns to council and the city regarding one of its members • Declaring the city as anything, including that which forever deems the city as a "No Mask" city. In the past, I have made it a point to speak in person. But, as a working mother of two small children with a husband who is an attorney and also works long hours, I am unable to attend tonight. Please note, that my physical absence is in no way a reflection of my dedication to this city and my concerns. In regards to the new library restrictions, label it however you like, I believe that the innumerable voices at the previous meeting indicated that a VAST majority was against this proposal. Yet, the council majority is moving forward with its agenda, ignoring the voices it claims to represent. In the last election, the new majority also ran against certain verbiage that made the city charter more inclusive. Now, that same majority aims to 1 change that charter, spending millions for another ballot measure that only devalues the requirements for community positions, thusly serving its own agenda once again. Additionally, the concerning language that is being quietly used in certain council directives/agendas/initiatives aims to make some members of our community feel unwelcome, and it deeply disheartens me. As a mother of two young children, I do not yet know who they will be. What if they grow up and fall under the long list of individuals that certain members of council openly oppose? How do I grapple with that? How do I tell them that the government officials that aim to protect their health and well-being will not in fact do those very things? Finally, it is the City Council's job to represent Huntington Beach wholly and honestly. Therefore, censuring a council member for bringing concerns that protect our community from hate are the very actions we should support not publicly condemn. If there is a member on council that has questionable abilities, then it is the duty of council to bring those forward. It is not a secret that Council Member Gracey Van Der Mark has made uneducated and hateful statements and has questionable affiliations. A simple google search finds videos, pictures, and direct affiliations. Personally, these statements and affiliations make me deeply question how she was elected in the first place (she was removed by two school boards!!!!). But worse, this all causes growing concerns about those who are willing to protect her. We are the company we keep. I cannot beg enough: PLEASE! Council Members, listen to the voices you represent. Democracy cannot be at the cost of party affiliations and special interests. Thank you for your time, Jessica Budica 2 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.transequality.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 Tem 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 Moore, Tania From: Shayla Wilson <shaylalawilson@gmail.com> Sent: Tuesday, September 5, 2023 2:50 PM To: CITY COUNCIL(INCL. CMO STAFF); supplementalcomm@surfcity-hb.org Subject: Public Comment - City Council Meeting on Sept. 5th 2023 Good afternoon, My name is Shayla Wilson. I am a resident of Huntington Beach. I strongly encourage the City Council to oppose the following items: • Item 22:The City has continued to funnel taxpayer money into a losing battle rather than comply with state mandates to provide adequate housing for those that live and work in the City. • Item 30:The First Amendment which deals with local election issues, in particular the requiring of voter identification, is extremely problematic and in fact both racist and classist.The second amendment,which would provide that the only flags permitted on city property are the U.S., county,state, city,Armed Forces and P.O.W.flags, is a thinly veiled anti LGBTQ+amendment. Furthermore,this item would result in additional wasteful spending by the city as there would be a$1.2 Million cost for the special election. • Item 34:Councilmember Moser exercised her freedom to debate and should be able to continue to do so without fear of persecution or punishment. • And finally, item 35:The ban on mask and vaccine mandates is a complete disregard of public health guidelines and the current upward trend of COVID cases in the county.This ban indicates an anti-science stance by Councilmember Van Der Mark and would risk the health and safety of our residents. Thank you for your consideration, Shayla Wilson 1 Moore, Tania From: Julie Hampel <julie.hampel4@gmail.com> Sent: Tuesday, September 5, 2023 4:56 PM To: supplementalcomm@surfcity-hb.org Subject: HB City Council Agenda Items and Actions Dear HB City Council Members, I am a 7-year resident of Huntington Beach,CA,and was recently informed of 5 Agenda Items and/or Actions taken by the HB City Council.This email is to inform you that I disagree with the following issues: 1.The censorship of Natalie Moser for calling out Gracey Van Der Mark for past anti-semitic behaviors.The screaming by Ms.Van Der Mark was, in my opinion, uncalled for and unbecoming of a Council Member. 2.The payment of$4M to The Kennedy Commission for court losses. 3.The$1.2M payment for a Special Election on Charter Amendments appears to follow a similar path to the City of Bell. 4.The Award to fund the air show which was given to a contractor without a competitive bid or legal review. As voted representatives of the entire City of Huntington Beach, please log my disagreement with these items when deciding to proceed. Thank you, Julie Hampel 1918 Delaware St, Huntington Beach, CA 92648 i