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HomeMy WebLinkAboutKahn, Soares, & Conway LLP - 2023-09-05 (2) ,A'��NIINGTp�' 2000 Main Street, Huntington Beach,CA >: v 92648� _ City of Huntington Beach APPROVED 4-3 LV (KALMICK, MOSER, cpUNTV BOLTON—NO) File #: 23-673 MEETING DATE: 9/5/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Al Zelinka, City Manager VIA: Travis K. Hopkins, Assistant City Manager PREPARED BY: Shannon Levin, Council Policy Analyst Subject: Consider Intergovernmental Relations Committee (IRC) recommendation to approve and authorize execution of Professional Services Contracts with Kahn, Soares, & Conway LLP for State Legislative Advocacy Services and with Stapleton & Associates for Federal Legislative Advocacy Services Statement of Issue: As recommended by the Intergovernmental Relations Committee (IRC), consider approving and authorizing the execution of 2-year Professional Services Contracts with Kahn, Soares, and Conway LLP (KSC) for State Legislative Advocacy Services and Stapleton & Associates (Stapleton) for Federal Legislative Advocacy Services. Financial Impact: Sufficient funds for both contracts have been budgeted in the FY 23-24 Operating Budget under account no. 10030101.69365. Funding for Year 2 will be included in the following year's budget. Recommended Action: A) As recommended by the Intergovernmental Relations Committee, approve and authorize the Mayor and City Clerk to execute a Professional Services Contract between the City of Huntington Beach and Kahn, Soares, & Conway LLP for State Legislative Advocacy Services; and B) As recommended by the Intergovernmental Relations Committee, approve and authorize the Mayor and City Clerk to execute a Professional Services Contract between the City of Huntington Beach and Stapleton & Associates for Federal Legislative Advocacy Services. Alternative Action(s): Do not approve the IRC's recommended action, and direct staff accordingly. Analysis: The City of Huntington Beach issued a Request for Proposals on May 8, 2023 for firms to provide City of Huntington Beach Page 1 of 2 Printed on 8/30/2023 `; ,Ito A p-ArA /// /_ poweredcSy LegistarT" File #: 23-673 MEETING DATE: 9/5/2023 both Federal and State legislative advocacy services. The selected service provider(s) would work with the IRC's staff liaison to present legislation that impacts Huntington Beach, advocate for the City Council's priorities and projects on all legislative levels as directed by staff, and identify outside funds to finance major initiatives. Prospective firms were given the option to submit proposals for either or both the Federal and State legislative advocacy services. It was noted in the RFP that services could be awarded separately. On July 20, 2023, the IRC, comprised of Mayor Strickland, Mayor Pro Tern Van Der Mark, and Council Member Burns, reviewed a staff report that included: a list of four firms that submitted proposals, scoring of each firm by an internal staff panel, and recommendations to award contracts. Based on the RFP process as defined by the City's purchasing policies and the panel's rankings, staff proposed to recommend that the City Council approve a 2-year professional services agreement for Federal legislative advocacy services with Van Scoyoc & Associates and another 2-year professional services agreement for State legislative advocacy services with Mercury Public Affairs (Mercury). The IRC report is attached. Following the review, the IRC voted 3-0 to recommend to the City Council to contract with Mercury for State Legislative Advocacy services. Mercury's proposal was to provide the Federal services while subcontracting with KSC for the State services. For clarity and efficiency, the City proposes to contract directly with KSC for State services only. The IRC also recommended contracting for Federal Legislative Advocacy Services with Stapleton. Both contracts are for an initial two-year term. Environmental Status: Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a project. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. July 20, 2023 Intergovernmental Relations Committee Staff Report Legislative Advocacy RFP Update 2. Professional Services Contract with Kahn, Soares, & Conway LLP 3k 3. Professional Services Contract with Stapleton & Associates City of Huntington Beach Page 2 of 2 Printed on 8/30/2023 powerecf4 LegistarT" Att 1-July 2023 IRC Staff Report Legislative Advocacy Update ifNG o 2000 Main Street, o, tie • Huntington Beach,CA L 92648 ,oQ City of Huntington Beach File #: 23-636 MEETING DATE: 7/20/2023 Subject: Legislative Advocacy RFP Update Statement of Issue: Following an extensive Request for Proposals (RFP) process, staff has identified two consultants, Van Scoyoc & Associates and Mercury Public Affairs to provide Federal and State legislative advocacy services, respectively. Staff seeks additional input from the Intergovernmental Relations Committee, prior to placing both contracts on the August 1, 2023 City Council agenda for further consideration. Financial Impact: Sufficient funds are budgeted in the FY23-24 Operating Budget under business unit 10030101.69365. Funds for future years will be included in their respective years' budgets. Recommended Action: Based on the RFP process as defined by the City's purchasing policies and the panel's rankings staff proposes to recommend to the City Council to approve a 2-year professional services agreement for Federal legislative advocacy services with Van Scoyoc & Associates and another 2-year professional services agreement for State legislative advocacy services with Mercury Public Affairs. Provide feedback to staff and recommend next steps such as interviews or negotiations with the recommended firms. Alternative Action: Do not approve the recommended action and direct staff accordingly. Alternate actions include conducting interviews with all firms, proceed with negotiations, or re-issue the State Legislative Advocacy RFP given that only one proposal was received. Analysis The City of Huntington Beach issued an RFP on May 8, 2023 from well-qualified firms to provide both Federal and State legislative advocacy services in support of the City Council's policies and priorities. Firms were asked to submit proposals for either or both the Federal and State legislative advocacy services. The RFP asked firms to detail their qualifications and their proposed approach to the scope of work, which includes: work with the City to establish legislative priorities (i.e., develop a Legislative Policy Platform), advocate on the City's behalf to federal and state legislative bodies and agencies, conduct legislative research and analysis, support the City in Washington, D.C. and/or Sacramento, and support the City's financial outlook by developing a plan supplemented through federal or state appropriations and grant funding. The RFP specified that responses must include: 1. Cover Letter 2. Firm Qualifications 3. Understanding of and Proposed Approach to the RFP Scope of Work 4. References 5. Pricing Proposal Additionally, the RFP identified specific criteria that would be used in the evaluation process: City of Huntington Beach Page 1 of 2 Printed on 7/17/2023 powered Legistar' Att 1-July 2023 IRC Staff Report Legislative Advocacy Update File #: 23-636 MEETING DATE: 7/20/2023 1. Qualifications and experience of the individuals assigned to the contract 2. Qualifications and experience of the responding firm 3. Experience and track record conducting similar work for similar cities 4. Understanding and approach to the proposed scope of work in Huntington Beach 5. Proposed Fees The RFP closed on June 13, 2023, and the City received four proposals. Proposals were independently evaluated by a panel of three staff members using the specific criteria listed in the RFP. A weighted scale up to 1500 points was allocated across six criteria in compliance with the RFP. Each panelist independently reviewed and scored the proposals per the City's purchasing procurement policies, and the ranking is as follows: Proposers Scope of Compliance References Qualifications& Experience Understanding Cost Total Work with RFP Experience of Conducting and Approach to Proposal Points the Proposer Similar Work for Scope Similar Cities Van Scoyoc Federal 140 75 362.5 145 337.5 350 1,410.00 &Assoc. Thorn Run Federal 135 70 362.5 145 337.5 300 1,350.00 Mercury Federal& 135 57.5 325 125 356.25 250 1,248.75 State Stapleton & Federal 65 10 175 55 212.5 250 767.50 Assoc. Based on the RFP process as defined by the City's purchasing policies and the panel's rankings, staff proposes to recommend to the City Council to approve a 2-year professional services agreement for Federal legislative advocacy services with Van Scoyoc & Associations and another 2-year professional services agreement for State legislative advocacy services with Mercury. Each agreement has an option to exercise one additional year. Sufficient funds to cover the cost of each agreement is budgeted in the FY2023-24 Operating Budget under business unit 10030101.69365. Attachment(s): 1. Request for Proposals - Federal & State Legislative Advocacy Services (RFP No. 23-0613) City of Huntington Beach Page 2 of 2 Printed on 7/17/2023 powerelaq LegistarM ' l July 20 1 • * n __ _ _. e.ative A. " �"F I City of Hunting,tiBeac h I� — 13 fr 04 - 1, • r _ - jw. . _ r .., ., ., i , . ..„ f �t 0. • k 1Y �� G _ _`i N 1 I i_..JAI .it,.''"A I IIM . A , . . ,frk,„ , , .. ... ., :i 1,....: .,,,.. . .,.:,... .,.. • i• _ .. ..: 1 . . .. 1 . ., ,41....„„_____. ,. ._....0...1 _ ._ ,._„ ) ..v.,. ._ ... . _ RFP NO: 23-0613 REQUEST FOR PROPOSALS FEDERAL & STATE LEGISLATIVE ADVOCACY SERVICES KEY RFP DATES RELEASE OF RFP : MONDAY , MAY 8 , 2023 WRITTEN QUESTIONS : TUESDAY , MAY 30 , 2023 4 : 00PM RESPONSES TO QUESTIONS : MONDAY , JUNE 5 , 2023 PROPOSALS DUE : MONDAY , JUNE 13 , 2023 4 : 00PM INTERVIEWS : WEEK OF JUNE 26 , 2023 IF NEEDED LY 2023 APPROVAL OF CONTRACT : JU Att 1-July 2023 IRC Staff Report Legislative Advocacy Update INTRODUCTION The City of Huntington Beach (hereinafter referred to as the "City") is requesting proposals to establish a contract for Federal Legislative Advocacy Services, with work to commence on or about July 1, 2023 and be completed on June 30, 2024.The City reserves the right to extend the contract for up to two (2) additional one (1)year periods. City reserves the right to issue additional solicitation(s) during term of agreement if services withniche experience/expertise are needed for special projects. BACKGROUND Huntington Beach is located along the Southern California coast in Orange County,35 miles south of Los Angeles and 90 miles north of San Diego. The City is best known today for its 8.5 miles of uninterrupted beaches, excellent year-round weather, and a surf culture that draws 4 million visitors annually. Beyond the shoreline, Huntington Beach is a full-service charter city guided by a Council-Manager form of government,with a seven-member City Council made up of the Mayor and six City Council members elected at large.The City Council is the legislative body responsible for the overall policies and direction of the City. Appointed by the City Council, the City Manager implements City Council policy and laws, provides overall guidance to operating departments,and is responsible for administering all City programs to ensure service delivery in an efficient, cost-effective, and quality manner. The City is the 23rd largest city in California,serving as home to a residential population of 199,778. SCOPE OF WORK OVERVIEW The City of Huntington Beach seeks qualifications from well-qualified firms to provide both Federal and State legislative advocacy services, in support of the City Council's policies and priorities. Firms may submit qualifications for either or both Federal and State legislative advocacy services. The services may be awarded separately. Break out proposed fees for both services and provide a cost of services if awarded both contracts. To build an effective partnership with the selected firm, this RFP assesses each firm's qualifications and approach to the proposed scope of work below. After reviewing the responses received, the City will identify the best consultant(s) to serve our needs moving ahead. The following includes a general scope of the work to be pursued by the selected consultant: Consultant shall perform the services as set forth below. 1. Legislative Priorities a) Work with the City Council, the City Manager, and other designated City staff to discuss goals,objectives, opportunities, and priorities. b) Provide strategic advice regarding the development of legislative positions and priorities. 102 Att 1-July 2023 IRC Staff Report Legislative Advocacy Update c) Raise, discuss and assess any affirmative legislative action that may benefit the City, as needed. In consultation with City staff, determine appropriate positions on relevant legislation and recommend proactive legislative action, as appropriate. d) Participate in preparing the legislative policy platform, including identifying potential policy issues and upcoming legislative proposals, as needed. 2. Advocate on the City's Behalf a) Testify at the direction of, and on behalf of the City, at hearings before legislative and regulatory committees. b) Identify opportunities for City officials to participate in the legislative process and make recommendations.Those opportunities include, but are not limited to,communication to members of the U.S. Congress and State Congress, providing testimony at legislative hearings, and communication with federal and state agencies. c) Work with legislators for bill authorization and follow appropriations as they concern the City. 3. Legislative Research and Analysis a) Review proposed, introduced and amended federal/state legislation, and proposed and adopted federal/state administrative rules and regulations, to identify and report on matters potentially affecting the City. b) At the direction of and on behalf of the City, undertake advocacy, policy analysis and strategy development on federal/state legislative matters of interest to and/or affecting the City. c) Present federal/state legislative issues to the City Council for policy direction as needed. d) Monitor Federal/State agency rulemaking and notify the City of potential impacts. 4. Communication a) Regularly communicate with the City,attend monthly briefing calls with City staff monthly briefings with the Mayor at the Intergovernmental Relations Committee. Provide weekly and monthly reports on status of legislation and other related updates,and other reports as needed.Consultant shall direct all communication for the duration of the contract with the Contract Manager. b) Provide regular updates on the political landscape in the State and nation's Capital to help provide context, and identify opportunities and potential issues. At a minimum, provide monthly reports of activities pursued or accomplished on behalf of the City. c) Provide updates on proposed, introduced, and amended federal legislation, and proposed and adopted federal administrative rules and regulations,to identify and report on matters that potentially affect the City's legislative priorities. d) Identify potential future legislative issues or opportunities that may interest the City, and help position the City to benefit from new laws, regulations, policies, programs, and/or funding opportunities. e) Prepare position letters, draft legislative language and talking points on legislative, budgetary, and regulatory issues as necessary. f) Raise, discuss and assess any affirmative legislative action that may benefit the City, as needed. g) In consultation with City staff,determine appropriate positions on relevant legislation and recommend proactive legislative action, as appropriate. 103 Att 1-July 2023 IRC Staff Report Legislative Advocacy Update 5. Capitol Asset a) Support a positive relationship with the President of the United States, members of US Congress,federal agencies,and State of California lawmakers and agencies. b) Assist in establishing relations between councilmembers and City staff and legislative persons, including chairs and consultants of key committees and other important policymakers. c) Coordinate meetings for City officials and staff with members of Congress and their staff, the executive branch, Federal/State agencies and other key stakeholders. d) Representation in the Capitol and a voice for the City. 6. Financial Outlook a) Develop a strategic federal/state funding plan, coordinating with City staff and departments to develop a proactive and comprehensive strategy that serves the City's priorities. The plan shall identify City projects, outline and prioritize multiple funding options/opportunities for each project, and evaluate the cost/benefit ratio for each opportunity. b) Monitor and report on the federal/state budget and work to secure funding when appropriate on projects beneficial to City's interests. 7. Grants a) Support City grant activity, including identifying, researching, and monitoring funding opportunities,facilitating communication with Federal/State agencies,and advocating for support of the application from legislators and key stakeholders. b) Anticipate Grant announcements c) Develop and implement appropriate strategies for coordinating the City's federal/state lobbying activities/affairs program with its Federal/State affairs program. d) Provide meeting opportunities for City staff to discuss potential grant/funding opportunities and guide them through the application process. e) Work with the City to identify and evaluate potential funding categories with annual budget or appropriation bills, and specific funding on grant opportunities. f) Provide grant writing and follow through monitoring of grant conditions and requirements. 8. Collaboration a) Coordinate and cooperate with other municipalities, organizations and firms having similar legislative objectives as the City. Develop strategies with City staff to identify, organize, utilize, and coordinate City priorities with its associates and other broad coalition-based memberships. b) Coordinate with other local government officials and stakeholders to advocate for common goals. 9. FPPC Filings a) Prepare and file all applicable Fair Political Practices Commission lobbying documents and reports within all applicable deadlines, per the provisions of the Political Reform Act of 1974 as amended. Provide the City notification of any changes or modifications that may be present. 10. Ethics and Conflicts of Interest: 104 Att 1-July 2023 IRC Staff Report Legislative Advocacy Update a) Contractor shall conduct business in such a manner as to foster public confidence in the integrity of City programming and activities. b) Contractor shall not solicit, demand, accept or agree to accept from any other person a gratuity or benefit in connection with the Agreement. c) Under the Levine Act, Section 84308 of the Government Code, a party to a proceeding before the City involving a license, permit, or other entitlement for use is required to disclose on the record of the proceeding any contribution in an amount of more than two hundred fifty dollars ($250) made within the preceding 12 months by the party or the party's agent to any elected or appointed officer of the City. CONTENT OF RESPONSES Responses submitted to the City should include the following components: 1. Cover Letter a. A cover letter signed by the individual authorized to represent/ negotiate on behalf of the responding firm, limit 2 pages. 2. Firm Qualifications a. An overview of qualifications for the firm, which should include the type of organization, size, professional registration, and affiliations of the company. b. Resumes and backgrounds of the principal staff who will be working directly and regularly on this initiative with the City as well as their roles. Clearly identify the project lead who will be responsible for the day-to-day management of the contract. c. Provide a minimum of three (3) references of which the proposer has performed services of similar scope,within the last the last three years demonstrating experience relevant to this request and that are related to government advocacy (cities preferred). Provide the contact person's name, title, address, phone number, and email address. Provide a list of current clients. d. Project Manager Reference (1) In addition to the firm's references, provide a minimum of one (1) reference for a project with similar scope of services within the most recent five (5)years prior to date of proposal submittal. e. Describe the Consultant's established strategic relationships with stakeholders, if any, that the Consultant would partner with to achieve outcomes that support the City's legislative and policy positions. f. Explain what you would do in a situation where two or more of your clients have conflicting views and/or positions on a matter in which you've been asked to advocate on behalf of the City. g. Describe your process for identifying grants and to complete a grant application. h. Provide any suggested modifications to the Scope of Work listed above. 105 Att 1-July 2023 IRC Staff Report Legislative Advocacy Update 3. Understanding of and Proposed Approach to the RFP Scope of Work: a. Describe the recommended approach to the City's legislative advocacy needs, as outlined the Scope of Work RFP. 4. References Provide a minimum of three (3) references for work similar to this scope of services that proposer has provided within the last three (3) years. Include a detailed description of the services,the agency or firm names,contact names,phone numbers,email addresses,and dates of services performed. 5. Pricing Proposal Provide a fee schedule/pricing information for the services as set forth in ATTACHMENT I, which must include: • Hourly rates for each category of employee • Monthly retainer not-to-exceed amount • Annual not-to-exceed amount(Monthly retainer not-to-exceed amount x 12) The City shall not provide reimbursement for business or travel-related expenses; therefore, such costs must be absorbed in the hourly rate or lump sum fee structure. Pricing shall remain firm for the entire agreement term. Thereafter, any proposed pricing adjustment for follow-on renewal periods shall be submitted to the City Representative in writing at least ninety(90) days prior to the new Agreement term. TENTATIVE PROJECT SCHEDULE This RFP will be governed by the following schedule (all date's subject to change). While the City will attempt to apply the necessary resources to maintain this schedule,the following dates are tentative and the City reserves the right to modify this schedule as needed to accommodate the successful completion of this RFP process. Project schedule subject to change. Release of RFP: Monday, May 8, 2023 Deadline for Written Questions: Tuesday, May 30,2023 4:00pm Responses to Questions Posted on Web: Monday,June 5,2023 Proposals are Due: Monday,June 13,2023 4:00pm Interviews: Week of June 26, 2023 if needed Anticipated Approval of Contract: July 2023 106 Att 1-July 2023 IRC Staff Report Legislative Advocacy Update SUBMITTAL GUIDELINES Respondents are required to submit the following: Complete written proposals must be submitted electronically in PDF file format via the PlanetBids.com website no later than 4:00 p.m. (P.S.T) on Monday, June 13,2023. Proposals will not be accepted after this deadline. Faxed or e-mailed proposals will not be accepted. QUESTIONS,ANSWERS,AND ADDENDA TO RFP Prior to the RFP submission deadline, questions may arise regarding the specifications and procedural or administrative matters.All questions pertaining to this RFP shall be submitted using the City of Huntington Beach PlanetBids portal, using the "Q&A"tab within this solicitation. Questions will be accepted no later than the date published on the project schedule. If further clarification is required, proposers shall only contact the RFP Administrator; Proposers shall not contact any other City staff or elected officials with questions. Answers will be published to PlanetBids by the date published on the project schedule. Changes to the RFP itself shall only be made by the City via formal written addenda. Addenda will be published and distributed through the Portal. All addenda shall become a part of the RFP document requiring acknowledgment by the proposer. It is the sole responsibility of the Proposer to ensure that they have received the entire Request for Proposal, including any and all questions, answers and addenda by visiting the City of Huntington Beach PlanetBids portal. Questions about this RFP must be directed in writing through the PlanetBids Q&A tab no later than 4:00 p.m. PST)on May 30,2023 for response. It is important to note that the City reserves the right to reject any and all responses. The City will not be liable for, nor pay for any costs incurred by responding firms relating to the preparation of the response. An explicit provision of this RFP is that any oral communication is not binding on the City's RFP response process or selection criteria. 107 Att 1-July 2023 IRC Staff Report Legislative Advocacy Update SELECTION OF FIRM RFP Evaluation Process The City will coordinate a review and evaluation of all responses received by the City in response to this RFP. As part of the assessment process, the City will place particular emphasis on the qualifications/ experience of the individuals assigned to the project; directly relevant qualifications/ experience of the firm; the ability for the firm to undertake the management of the RFP scope of work; and each firm's understanding and proposed approach to the project. The following specific criteria will be used in the evaluation process: 1. Qualifications and experience of the individuals assigned to the contract 2. Qualifications and experience of the responding firm 3. Experience and track record conducting similar work for similar cities 4. Understanding and approach to the proposed scope of work in Huntington Beach 5. Proposed Fees The City may also contact and review the proposer's references; contact any bidder to clarify any response; contact any current users of a bidder's services; solicit information from any available source concerning any aspect of a Proposal;and seek and review any other information deemed pertinent to the review process.The City shall not be obligated to accept the lowest-priced Proposal(s), but shall make an award in the best interests of the City. After written Proposals have been reviewed, discussions with prospective firms may or may not be required. If scheduled,the oral interview will be a question/answer format for the purpose of clarifying the intent of any portions of the Proposals.The individual from your firm that will be directly responsible for carrying out the contract, if awarded,should be present at the oral interview. A Notification of Intent to Award may be sent to the vendor selected. Award is contingent upon the successful negotiation of final contract terms. Negotiations shall be confidential and not subject to disclosure to competing vendors unless an agreement is reached. If contract negotiations cannot be concluded successfully, the City may negotiate a contract with the next highest scoring vendor or withdraw the RFP. 108 Att 1-July 2023 IRC Staff Report Legislative Advocacy Update TERMS AND CONDITIONS The following terms and conditions apply to this RFP: 1. All responses shall become the property of the City. 2. Due care and diligence has been exercised in the preparation of this RFP and all information contained herein is believed to be substantially correct. However, the responsibility for ' determining the full extent of the services rests solely with those making responses. Neither the City nor its representatives shall be responsible for any error or omission in this response, nor for the failure on the part of the respondents to determine the full extent of their exposures. 3. The City reserves the right to select firms from the responses received; to waive any or all informalities and/or irregularities;to re-advertise with either an identical or revised scope, or to cancel any requirement in its entirety; or to reject any or all responses received. 4. A response to this RFP does not constitute a formal bid, therefore, the City retains the right to contact any / all proposing firms after submittal in order to obtain supplemental information and/or clarification in either oral or written form. Furthermore, an explicit provision of this RFP is that any oral communication made is not binding on the City's response process. 5. Insurance Requirements Acknowledgement: Proposer must acknowledge that, upon awarding of the contract, they/their organization will be able to provide insurance documents as required by City of Huntington Beach Resolution 2008-63 (see Appendix B). 6. The City will not be liable for, nor pay for any costs incurred by responding firms relating to the preparation of any response for this RFP. 7. City may disqualify a Proposer if: a) References fail to substantiate Proposer's description of services and deliverables provided; or b) References fail to support that Proposer has a continuing pattern of providing capable, productive, and skilled personnel; or c) City is unable to reach the point of contact with reasonable effort. It is the Proposer's responsibility to inform the point of contact(s) of normal City working hours. d) Proposer(s) contacts any other City staff or elected officials with questions or comments related to this RFQ, or any other regard. Please carefully review the Sample Agreement(Appendix A)and Insurance Requirements (Appendix B) before responding to the Request for Qualifications enclosed herein. The terms of the agreement, including insurance requirements have been mandated by City Council, and can be modified only if extraordinary circumstances exist. Your response to the Request for Qualifications must indicate if you are unwilling or unable to execute the agreement as drafted as well as providing the insurance requirements. The City will consider this in determining responsiveness to the Request for Qualifications. 109 Att 1-July 2023 IRC Staff Report Legislative Advocacy Update APPENDIX A 110 Att 1-July 2023 IRC Staff Report Legislative Advocacy Update PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and , a hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to ; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on , 20 (the "Commencement Date"). This Agreement agree/surfnet/professional svcs mayor 1 of 11 5/19-204082 111 Att 1-July 2023 IRC Staff Report Legislative Advocacy Update shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses,not to exceed Dollars ($ ). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 7. DISPOSITION OF PLANS,ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or agree/surfnet/professional svcs mayor 2 of 11 5/19-204082 112 Att 1-July 2023 IRC Staff Report Legislative Advocacy Update termination of this.Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS A. CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. B. To the extent that CONSULTANT performs "Design Professional Services" within the meaning of Civil Code Section 2782.8, then the following Hold Harmless provision applies in place of subsection A above: "CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to the extent that the claims against CONSULTANT arise out of,pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT. In no event shall the cost to defend charged agree/surfnetlprofessional svcs mayor 3 of 11 5/19-204082 113 Att 1-July 2023 IRC Staff Report Legislative Advocacy Update to CONSULTANT exceed CONSULTANT's proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, CONSULTANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8. C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. agree/surfnet/professional svcs mayor 4 of 11 5/19-204082 114 Att 1-July 2023 IRC Staff Report Legislative Advocacy Update CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. agree/surfnet/professional svcs mayor 5 of 11 5/19-204082 115 Aft 1-July 2023 IRC Staff Report Legislative Advocacy Update The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all agree/surfnetlprofessional svcs mayor 6 of 11 5/19-204082 116 Att 1-July 2023 IRC Staff Report Legislative Advocacy Update approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONSULTANT: City of Huntington Beach ATTN: 2000 Main Street Huntington Beach, CA 92648 agree/surfietlprofessional svcs mayor 7 of 11 5/19-204082 117 Att 1-July 2023 IRC Staff Report Legislative Advocacy Update 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings,•and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which agree/surfnet/professional svcs mayor 8 of 11 5/19-204082 118 Att 1-July 2023 IRC Staff Report Legislative Advocacy Update the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. agree/surthet/professional svcs mayor 9 of 11 5/19-204082 119 Att 1-July 2023 IRC Staff Report Legislative Advocacy Update 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. agree/surfnet/professional svcs mayor 10 of 11 5/19-204082 120 Att 1-July 2023 IRC Staff Report Legislative Advocacy Update 29. EFFECTWE DATE This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of COMPANY NAME California Mayor By: print name City Clerk ITS: (circle one)Chairman/President/Vice President AND INITIATED AND APPROVED: By: print name ITS: (circle one)Secretary/Chief Financial Officer/Asst. Secretary-Treasurer REVIEWED AND APPROVED: City Manager APPROVED AS TO FORM: City Attorney agree/surfnet/professional svcs mayor 11 of 11 5/19-204082 121 Att 1-July 2023 IRC Staff Report Legislative Advocacy Update EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: C. CITY'S DUTIES AND RESPONSIBILITIES: D. WORK PROGRAM/PROJECT SCHEDULE: EXHIBIT A 122 Att 1-July 2023 IRC Staff Report Legislative Advocacy Update EXHIBIT `B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: B. Travel Charges for time during travel are not reimbursable. C. Billing 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 1 Exhibit B 123 Att 1-July 2023 IRC Staff Report Legislative Advocacy Update 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 2 Exhibit B 124 Att 1-July 2023 IRC Staff Report Legislative Advocacy Update EXHIBIT "B" Payment Schedule(Fixed Fee Payment) 1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Exhibit B 125 Att 1-July 2023 IRC Staff Report Legislative Advocacy Update PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR Table of Contents 1 Scope of Services 1 2 City Staff Assistance 2 3 Term; Time of Performance 2 4 Compensation 2 5 Extra Work 2 6 Method of Payment 3 7 Disposition of Plans, Estimates and Other Documents 3 8 Hold Harmless 3 9 Professional Liability Insurance 4 10 Certificate of Insurance 5 11 Independent Contractor 6 12 Termination of Agreement 6 13 Assignment and Delegation 6 14 Copyrights/Patents 7 15 City Employees and Officials 7 16 Notices 7 17 Consent 8 18 Modification 8 19 Section Headings 8 20 Interpretation of this Agreement 8 21 Duplicate Original 9 22 Immigration 9 23 Legal Services Subcontracting Prohibited 9 24 Attorney's Fees 10 25 Survival 10 26 Governing Law 10 27 Signatories 10 28 Entirety 10 29 Effective Date 11 126 Att 1-July 2023 IRC Staff Report Legislative Advocacy Update APPENDIX B 127 Att 1-July 2023 IRC Staff Report Legislative Advocacy Update CITY OF HUNTINGTON BEACH INSURANCE REQUIREMENTS Minimum Insurance Requirements Vendor Type Additional Automobile Professional Property Insured Liability General Liability Liability Insurance Workers'Comp Endorsements Huntington Beach City Council Resolution No.2008-63 requires submittal of certificates of insurance evidencing the following minimum limits with a California admitted carrier with a current A.M.Best's Rating of no less than A:VII.See Exhibits Al-4 for sample forms. Email:Justin.Wessels@,surfcity-hb.org or Heather.Campbell@surfcity-hb.org Phone: 714-374-5378 or 714-536-5210.Fax: 714-536-5212. Any deductible other than those allowed in this matrix,self-insured retentions or similar forms of coverage limitations or modifications must be approved by the Risk Manager and City Attorney of the City of Huntington Beach. NOTE: Waivers and/or modifications are discouraged and will be considered only under extraordinary circumstances. Contractors: Any persons or entities who Minimum of Combined single limit As required by Include the contract with the City and/or provide services to $1,000,000 per bodily injury and the State of policy number the City which are readily available and occurrence for property damage. California,with and Additional efficiently procured by competitive bidding. bodily injury, Minimum of Statutory Limits - Insured personal injury $1,000,000 per and Employer's Endorsement and property occurrence.Allows Liability Requirement Permittees: Any persons or entities who make damages. Allows up to$5,000 Insurance with statement application to the City for any use of or up to $1,000 deductible. a limit of no below. (See Note encroachment upon any public street,waterway, deductible.(See (Additional Insured less than 3 below.) pier,or City property. Note 1 below.) Endorsement is always $1,000,000 per Vendors: Any persons or entities who transfers required with General accident for property or goods to the City which may or may Liability Ins.) bodily injury or not involve delivery and/or installation. disease. (See Note 2 below.) Note 1 -Automobile Liability: The City of Huntington Beach,its officers, elected or appointed officials,employees, agents and volunteers must be named as certificate holder and as additional insured by separate attached endorsement.Permittees who do not use vehicles or equipment in connection with the permit shall not be required to provide auto insurance. To be exempt from this requirement,permittees must execute a declaration such as Exhibit 1 attached. Note 2-Workers'Compensation Exemption: If entity has no employees,a signed Declaration of Non-Employee Status form is required. Note 3 -Additional Insured Endorsement Requirements:The City,its officers, elected or appointed officials,employees,agents,and volunteers are to be covered as additional insureds by separate attached endorsement(s)as respects liability arising out of action performed by or on behalf of the contractor, products and completed operations of the contractor,premises owned, occupied or used by the contractor,or automobiles owned,leased or borrowed by the contractor.The coverage shall contain no special limitations on the scope of protection afforded to the City. 128 HB Insurance Matrix revised 4-7-16(2).xlsx 1 of 4 Att 1-July 2023 IRC Staff Report Legislative Advocacy Update CITY OF HUNTINGTON BEACH INSURANCE REQUIREMENTS Minimum Insurance Requirements Vendor Type Additional Automobile Professional Property Insured Liability General Liability Liability Insurance Workers'Comp Endorsements Huntington Beach City Council Resolution No.2008-63 requires submittal of certificates of insurance evidencing the following minunum limits with a California admitted carrier with a current A.M.Best's Rating of no less than A:VII.See Exhibits Al-4 for sample forms. Email:Justin.Wessels@,surfcity-hb.org or Heather.Campbell@surfcity-hb.org Phone: 714-374-5378 or 714-536-5210.Fax: 714-536-5212. Any deductible other than those allowed in this matrix,self-insured retentions or similar forms of coverage limitations or modifications must be approved by the Risk Manager and City Attorney of the City of Huntington Beach. NOTE: Waivers and/or modifications are discouraged and will be considered only under extraordinary circumstances. Design Professionals: Professional service Minimum of ' contractors who contract with the City and/or $1,000,000 per provide architectural and/or engineering services occurrence and to the City. in the Professional Services: Services that involve aggregate. Allows up to the exercise of professional discretion and $10,000 independent judgment based on an advanced or deductible. specialized knowledge,expertise or training gained by formal studies or experience or services which are not readily or efficiently procured by competitive bidding pursuant to HB Muni Code 3.02. Services includes but are not limited to those services provided by appraisers, architects,attorneys,engineers,instructors, insurance advisors,physicians and other specialized consultants. Claims made policies are acceptable if the policy further provides that: 1)The policy retroactive date coincides with or precedes the professional services contractor's start of work(including subsequent policies purchased as renewals or replacements). 2)The professional services contractor will make every effort to maintain similar insurance during the required extended period of coverage following project completion,including the requirement of adding all additional insureds. 3)If insurance is terminated for any reason,professional services contractor agrees to purchase an extended reporting provision of at least two(2)years to report claims arising from work performed in connection with this agreement or permit. 4)The reporting of circumstances or incidents that might give rise to future claims. 129 HB Insurance Matrix revised 4-7-16(2).xlsx 2 of 4 Att 1-July 2023 IRC Staff Report Legislative Advocacy Update CITY OF HUNTINGTON BEACH INSURANCE REQUIREMENTS Minimum Insurance Requirements Vendor Type Additional Automobile Professional Property Insured Liability General Liability Liability Insurance Workers'Comp Endorsements Huntington Beach City Council Resolution No.2008-63 requires submittal of certificates of insurance evidencing the following minimum limits with a California admitted carrier with a current A.M.Best's Rating of no less than A:VII.See Exhibits Al-4 for sample forms. Email:Justin.Wessels@surfcity-hb.org or Heather.Campbell@surfcity-hb.org Phone: 714-374-5378 or 714-536-5210.Fax: 714-536-5212. Any deductible other than those allowed in this matrix,self-insured retentions or similar forms of coverage limitations or modifications must be approved by the Risk Manager and City Attorney of the City of Huntington Beach. NOTE: Waivers and/or modifications are discouraged and will be considered only under extraordinary circumstances. Licensees/Lessees: Any persons or entities Combined single limit Full As required by Include the who contract with the City for the use of public bodily injury and replacement the State of policy number property. property damage. cost with no California,with and Additional Minimum of coinsurance Statutory Limits Insured $1,000,000 per penalty and Employer's Endorsement occurrence.Allows provision. Liability Requirement up to$5,000 Insurance with statement deductible. a limit of no below.(See Note (Additional Insurance less than 2) Endorsement is always $1,000,000 per required with General accident for Liability Ins.) bodily injury or disease. (See Note 1 below.) Note 1 -Workers'Compensation Exemption: If entity has no employees,a signed Declaration of Non-Employee Status form is required. Note 2-Additional Insured Endorsement Requirements:The City,its officers,elected or appointed officials,employees, agents,and volunteers are to be covered as additional insureds by separate attached endorsement(s)as respects liability arising out of action performed by or on behalf of the contractor, products and completed operations of the contractor,premises owned,occupied or used by the contractor, or automobiles owned,leased or borrowed by the contractor.The coverage shall contain no special limitations on the scope of protection afforded to the City. 130 HB Insurance Matrix revised 4-7-16(2).xlsx 3 of 4 Att 1-July 2023 IRC Staff Report Legislative Advocacy Update CITY OF HUNTINGTON BEACH INSURANCE REQUIREMENTS Huntington Beach City Council Resolution No.2008-63 requires submittal of certificates of insurance evidencing the following minimum limits with a California admitted carrier with a current A.M.Best's Rating of no less than A:VII. Any deductible other than those allowed in this matrix,self-insured retentions or similar forms of coverage limitations or modifications must be approved by the Risk Manager and City Attorney of the City of Huntington Beach. NOTE: Waivers and/or modifications are discouraged and will be considered only under extraordinary circumstances. Vendor Type Minimum Insurance Requirements Professional Liability Design Professionals: Professional service contractors who Minimum of$1,000,000 per occurrence and in contract with the City and/or provide architectural and/or the aggregate.Allows up to$10,000 deductible. engineering services to the City. Professional Services: Services that involve the exercise of professional discretion and independent judgment based on an advanced or specialized knowledge,expertise or training gained by formal studies or experience or services which are not readily or efficiently procured by competitive bidding pursuant to HB Muni Code 3.02. Services includes but is not limited to those services provided by appraisers,architects,attorneys,engineers,instructors, insurance advisors,physicians and other specialized consultants. Claims made policies are acceptable if the policy further provides that: 1)The policy retroactive date coincides with or precedes the professional services contractor's start of work (including subsequent policies purchased as renewals or replacements). 2)The professional services contractor will make every effort to maintain similar insurance during the required extended period of coverage following project completion,including the requirement of adding all additional insureds. 3)If insurance is terminated for any reason,professional services contractor agrees to purchase an extended reporting provision of at least two(2)years to report claims arising from work performed in connection with this agreement or permit. 4)The reporting of circumstances or incidents that might give rise to future claims. 131 FIB Insurance Matrix revised 4-7-16(2).xlsx 4 of 4 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND KAHN, SOARES & CONWAY, LLP FOR STATE LEGISLATIVE ADVOCACY SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and, KAHN, SOARES & CONWAY, LLP., a hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to perform State Legislative Advocacy Services; and. Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Louie Brown who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 23-1 3256/3 1 73 1 1 1of12 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM;TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on°//5 , 2023 (the "Commencement Date"). This Agreement shall automatically terminate two (2) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than two (2) years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4, COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed One Hundred Eighty Thousand Dollars($180,000). • 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional 23-13256/317311 2 of 12 compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6, METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 7. DISPOSITION OF PLANS,ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS A. CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall 23-13256/317311 3 of 12 apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. B. To the extent that CONSULTANT performs "Design Professional Services" within the meaning of Civil Code Section 2782,8, then the following Hold Harmless provision applies in place of subsection A above: • "CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or 's liability of any kind or nature) to the extent that the claims against CONSULTANT arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, In no event shall the cost to defend charged to CONSULTANT exceed CONSULTANT's proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, CONSULTANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782,8. C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. 23-1 3256/3 173 1 1 4of12 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder, This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000,00) per occurrence and in the aggregate. The above- mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: • A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents . i that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. • • If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not 23-13256/317311 5 of 12 effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. • 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: • A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C, shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days'.prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is.fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 23-13256/317311 6 of 12 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, •social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike mailer. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY,become its property and shall be promptly delivered to it by CONSULTANT, 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall • not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an.assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 23-13256/317311 • 7 of 12 14. COPYRIGHTS/PATENTS . . CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States.Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONSULTANT: City of Huntington Beach Kahn, Soares & Conway,LLP ATTN: City Manager ATTN: Louie Brown 2000 Main Street 1415 L. Street, Suite 400 Huntington Beach, CA 92648 Sacramento, CA 95814 • 23-1 325 6/3 1 73 1 i 8 of 12 • • 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event, 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid • unless in writing and duly executed by both parties. • 19. SECTION HEADINGS The titles, captions, section,paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. • 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act 23-13256/317311 9 of 12 contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law, 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it, 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 23-1 325 6/3 1 73 1 1 10 of 12 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL . Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall 'indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not,in fact, held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive aims length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, 23-1 3256/3 173 1 1 11 of 12 promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of Its approval by the City Attorney, This Agreement shall expire when terminated as provided herein, IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers, CONSULTANT, CITY OF HUNTINGTON BEACH, KAHN,SOARES&CONWAY,LLP, a municipal corporation of the State of California fL City Manager print name ITS:(circle one)C innan/Presidcnt/VtcePresident— INITIATED AND APPROVED: --- -- tT—tJ E t2. AND Assistant City Manager By: APPROVED AS TO FORM: print name XJJvJ ITS: (circle one)Secretary/ChlefFlnanolnl OffleetlAsst, City Attorney Secretary—Treasurer Date RECEIVE AND FILE: City Clerk Date 23-13256/317311 12 of 12 promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, CITY OF UNT GTON BEACH, KAHN, SOARES & CONWAY, LLP. a munic'sal corpora ion of the S .te of 'fo a By: City M. .ger print name ITS: (circle one)Chairman/PresidentNice President INITIATED ANC APPROVED: AND Assistant City Man er By: APPROV S TO FORM: ccprint name ITS: (circle one)Secretary/Chief Financial Officer/Asst. C' Attorney Secretary—Treasurer Date RECEIV ND FILE: It (*ILK, City Clerk Date 23-13256/317311 COUNTERPART 12 of 12 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Perform State Legislative Advocacy Services B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: 1. Legislative Priorities a) Work with the City Council, the City Manager, and other designated City staff to discuss goals, objectives, opportunities, and priorities. b)Provide strategic advice regarding the development of legislative positions and priorities. c) Raise, discuss and assess any affirmative legislative action that may benefit the City, as needed. In consultation with City staff, determine appropriate positions on relevant legislation and recommend proactive legislative action, as appropriate. d) Participate in preparing the legislative policy platform, including identifying potential policy issues and upcoming legislative proposals, as needed. 2. Advocate on the City's Behalf a) Testify at the direction of, and on behalf of the City, at hearings before legislative and regulatory committees. b) Identify opportunities for City officials to participate in the legislative process and make recommendations. Those opportunities include, but are not limited to, communication to members of the U.S. Congress and State Congress, providing testimony at legislative hearings, and communication with federal and state agencies. c) Work with legislators for bill authorization and follow appropriations as they concern the City. 3. Legislative Research and Analysis a) Review proposed, introduced and amended state legislation, and proposed and adopted state administrative rules and regulations, to identify and report on matters potentially affecting the City. b) At the direction of and on behalf of the City, undertake advocacy, policy analysis and strategy development on state legislative matters of interest to and/or affecting the City. c) Present state legislative issues to the City Council for policy direction as needed. d) Monitor State agency rulemaking and notify the City of potential impacts. 4. Communication a) Consultant shall direct all communication for the duration of the contract with the Contract Manager. EXHIBIT A b) Regularly communicate with the City, attend monthly briefing calls with City staff monthly briefings with the Mayor at the Intergovernmental Relations Committee. Provide weekly and monthly reports on status of legislation and other related updates, and other reports as needed. c) Provide regular updates on the political landscape in State's Capital to help provide context, and identify opportunities and potential issues. At a minimum, provide monthly reports of activities pursued or accomplished on behalf of the City. d) Provide updates on proposed, introduced, and amended state legislation, and proposed and adopted state administrative rules and regulations, to identify and report on matters that potentially affect the City's legislative priorities. e) Identify potential future legislative issues or opportunities that may interest the City, and help position the City to benefit from new laws, regulations, policies, programs, and/or funding opportunities. f) Prepare position letters, draft legislative language and talking points on legislative, budgetary, and regulatory issues as necessary. g) Raise, discuss and assess any affirmative legislative action that may benefit the City, as needed. h) In consultation with City staff, determine appropriate positions on relevant legislation and recommend proactive legislative action, as appropriate. 5. Capitol Asset a) Support a positive relationship with the Governor, State Agencies, and Members of the California Legislature.. b) Assist in establishing relations between councilmembers and City staff and legislative persons, including chairs and consultants of key committees and other important policymakers. c) Coordinate meetings for City officials and the Governor, State Agencies, and Members of the California Legislature and other key stakeholders. d) Representation in the.Capitol and a voice for the City. 6.Financial Outlook a) Develop a strategic state funding plan, coordinating with City staff and departments to develop a proactive and comprehensive strategy that serves the City's priorities. The plan shall identify City projects,, outline and prioritize multiple funding options/opportunities for each project, and evaluate the cost/benefit ratio for each opportunity. b) Monitor and report on the state budget and work to secure funding when appropriate on projects beneficial to City's interests. 7. Grants a) Support City grant activity, including identifying, researching, and monitoring funding opportunities, facilitating communication with state agencies, and advocating for support of the application from legislators and key stakeholders. b) Anticipate Grant announcements EXHIBIT A c) Develop and implement appropriate strategies for coordinating the City's State lobbying activities/affairs program with its Federal affairs program. d) Provide meeting opportunities for City staff to discuss potential grant/funding opportunities and guide them through the application process. e) Work with the City to identify and evaluate potential funding categories with annual budget or appropriation bills, and specific funding on grant opportunities. Provide grant writing and follow through monitoring of grant conditions and requirements. 8. Collaboration a) Coordinate and cooperate with other municipalities, organizations and firms having similar legislative objectives as the City. Develop strategies with City staff to identify, organize, utilize, and coordinate City priorities with its associates and other broad coalition-based memberships. b) Coordinate with other local government officials and stakeholders to advocate for common goals. • 9. FPPC Filings a) Prepare and file all applicable Fair Political Practices Commission lobbying documents and reports within all applicable deadlines, per the provisions of the Political Reform Act of 1974 as amended. Provide the City notification of any changes or modifications that may be present. 10. Ethics and Conflicts of Interest: a) Contractor shall conduct business in such a manner as to foster public confidence in the integrity of City programming and activities. b) Contractor shall not solicit, demand, accept or agree to accept from any other person a gratuity or benefit in connection with the Agreement. c) Under the Levine Act, Section 84308 of the Government Code, a party to a proceeding before the City involving a license, permit, or other entitlement for use is required to disclose on the record of the proceeding any contribution in an amount of more than two hundred fifty dollars ($250)made within the preceding 12 months by the party or the party's agent to any elected or appointed officer of the City.. C. CITY'S DUTIES AND RESPONSIBILITIES: D. WORK PROGRAM/PROJECT SCHEDULE: • EXHIBIT A EXHIBIT "B" Payment Schedule (Fixed Fee Payment) 1. Charges for time during travel are normally not reimbursable and will only be paid if such time is actually used in performing services for CITY and or otherwise arranged with CITY. 2. . CONSULTANT shall be entitled to payment toward the fixed fee set forth herein in accordance with the following: Payment Issuance Schedule Payment Monthly: 1. Written report to City of Huntington Beach a. Record of meetings with State agencies, lawmakers,consultants, policymakers, etc. regarding business related to or on behalf of the City of Huntington Beach' b. 'Record of strategic funding plan,as established by City of Huntington Beach and consultant i. Report of grant-related activity such as identification, $7500.00 research,and advocacy for the City of Huntington Beach ii. Report of other funding and appropriations opportunities c. Record of fulfilment of Scope of Services 2. Attendance at the monthly Intergovernmental Relations Committee meeting 3. Regular communication with the City's Contract Manager including weekly updates Total $7500.00 3. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Exhibit B • Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 5. Any billings for extra work.or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required. above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or - additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. • • • Exhibit B • 1 - - _ „ Sudity INSURANCE AND INDEMNIFICATION WAIVER 111 Tenth, MODIFICATION REQUEST Hun 1. Requested: Risk Management 2. Date: August 17, 2023 3. Name of contractor/permittee: Kahn, Soares & Conway, LLP 4. Description of work to be performed: Providing Legislative and Regulatory Services for the City 5. Value and length of contract: September 2023 to September 2024, $90,000.00 6. Waiver/modification request: $50,000 deductible for Professional Liability 7. Reason for request and why it should be granted: The City only allows up to a $10,000 deductible for Professional Liability. Kahn, Soares & Conway, LLP has provided a financial statement to prove they are in good standing. 8. identify the risks to the City in approving this waiver/modification:Low Department -ad Signature Date: APPROVALS i Approvals must be obtained in the order listed on this form. Two approvals are required for a request to be granted. Approval from the City Administrator's Office is only required if Risk Management and the City Attorney's Office disagree. 1. Ris anagement Approved ❑ Denied t ,% � ,Pei 7— ,. 3 Sign ture Date 2. City Attorney's Office U\pproved ❑ Denied Signature Date 3. City Manager's Office ❑ Approved ❑ Deni d Signature Date If approved, the completed waiver/modification request is to be submitted to the City Attorney's Office along with the contract for approval. Once the contract has been approved, this form is to be filed with the Risk Management Division of Human Resources Waiver Form-Vianate 8/17/2023 12:05:00 PM ' l Waiver Procedure To request a waiver,indicate here[]and provide a brief description( 1—2 sentences)of the proposed work/project,its dollar value(if not a specific dollar amount,use an average,annual estimate or non-profit)and projected timeframe(per job or as-needed basis). For substantial dollar deductible/SIR amounts,a financial statement is required(Balance Sheet, Budget Reports,Dun&Bradstreet Report,etc.). Waiver Requested: Kahn,Soares&Conway,LLP Encroachment PermitO Private Property Work Permit0 Consultant ServicesEl Other: Proposed Work: We will be providing are legislative and regulatory services for the City. Dollar Value: sso.000.00 Projected Timeframe: September 2023 through September 2024 Acc0RD® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 08/15/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In Ileu of such endorsement(s). PRODUCER CONTACT Agency Csr NAME: Walter R,Anderson Insurance PH NN.EMI; (805)682-8885 FAX Nat: (805)563-1160 3757 State Street Suite 2B E•MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC II Santa Barbara CA 93105 INSURERA: QBE INSURED INSURER B: Kahn,Soares&Conway INSURER C: Kahn,Soares&Conway INSURER D: 1415 L Street,Suite 400 INSURER E Sacramento CA 96814-2823 INSURER F: COVERAGES CERTIFICATE NUMBER: CL2381502411 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR TYPE OF INSURANCE ADM SLIBR POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER (MMIDDNYYY) (MMIDD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAAGE TO RENTED CLAIMS-MADE n OCCUR PREMISES(Ea occurrence) _ S _ MED EXP(Any one person) $ PERSONAL&ADVINJURY $ GEN'LAGGREGATE LIMIT APPLIES PER; GENERALAGGREGATE $ POLICY PRO LOC PRODUCTS $ PRO- JECT OTHER: Professional Liability $ AUTOMOBILE LIABIUTY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) S OWNED — SCHEDULED BODILY INJURY(Per occident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY _ AUTOS ONLY (Per accident) $ UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ ❑ED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE i l NIA EL.EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? (Mandatory In NH) EL.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ PROFESSIONAL LIABILITY LIMITS:$2,000,000/ PRIOR ACTS: A INSURANCE-CLAIMS MADE POLICY LAW-11470-02 06/01/2023 06/01/2024 $2,000,000 FULL DEDUCTIBLE:$50,000 DESCRIPTION OF OPERATIONS/LOCATIONS!VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN CITY OF HUNTINGTON BEACH ACCORDANCE WITH THE POLICY PROVISIONS. 2000 MAIN STREET AUTHORIZED REPRESENTATIVE HUNTINGTON BEACH CA 92648 �a,(3kafr ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 26(2018103) The ACORD name and logo are registered marks of ACORD /1''a TNG City of ._ _.untington Beach o�$~ 2000 Main Street ♦ Huntington Beach, CA 92648 % _ _ (714) 536-5227 • www.huntingtonbeachca.gov �`?cF� -:':180'- �-----s Office of the City Clerk 0uNTY Robin Estanislau, City Clerk se//< September 8, 2023 Kahn, Soares & Conway, LLP Attn: Louie Brown 1415 L. Street, Suite 400 Sacramento, CA 95814 Dear Mr. Brown: Enclosed is a fully executed copy of the Professional Services Contract between the City of Huntington Beach and Kahn, Soares & Conway, LLP for State Legislative Advocacy Services, approved by City Council on September 5, 2023. Sincerely, q.dkilUCLW Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister City: Anjo, Japan Moore,Tania From: Levin, Shannon Sent: Saturday, September 2, 2023 1:17 PM To: supplementalcomm@surfcity-hb.org Subject: Fwd: HB CC 9/5/2023 Agenda 15 Get Outlook for iOS From: Cathey Ryder<the4ryders@gmail.com> Sent:Saturday,September 2,2023 9:19:26 AM To: CITY COUNCIL(INCL. CMO STAFF)<city.council@surfcity-hb.org> Subject: HB CC 9/5/2023 Agenda 15 Mayor and Council Members, Why would our city not want to engage the highest rated lobbying firm to represent us? Is this due to finances? Have we spent tax dollars unwisely elsewhere?We have a very competent city staff and we jusy don't understand why you are not only rejecting their recommendation, but then selecting the LOWEST ranked firm. Do you not want a firm that obviously has a better ranking?We can read a chart. This does not appear as if the CC has the best interest of the city as part of their decision making process. SUPPLEMENTAL COMMUNICATION Meeting Date: 9/376b 93 Agenda item No.; 15- (93 — -073� Att 1-July 2023 IRC Staff Report Legislative Advocacy Update File #: 23-636 1 . Qualifications and experience of the individuals assigned to th 2. Qualifications and experience of the responding firm 3. Experience and track record conducting similar work for simile 4. Understanding and approach to the proposed scope of work ii 5. Proposed Fees The RFP closed on June 13, 2023, and the City received four p evaluated by a panel of three staff members using the specific criter to 1500 points was allocated across six criteria in compliance wit reviewed and scored the proposals per the City's purchasing pros follows: Proposers Scope of Compliance References Qualifications & Experience Work with RFP Experience of Conducting the Proposer Similar wort Similar Cite Van Scoyoc Federal 140 75 362.5 145 &Assoc. Thom Run Federal 135 70 362.5 145 Mercury Federal & 135 57.5 325 125 State Based on the REP process as defined by the City's purchasing proposes to recommend to the City Council to approve a 2-year prc legislative advocacy services with Van Scoyoc & Associations as agreement for State legislative advocacy services with Mercury. Ec one additional year. Sufficient funds to cover the cost of each agreement is budgeted it 2 Please FOLLOW the staff recommendation. Cathey and Bob Ryder Voters and Homeowners since 1985 Sent from my iPhone 3 Moore, Tania From: Levin, Shannon Sent: Saturday, September 2, 2023 6:33 PM To: supplementalcomm@surfcity-hb.org Subject: Fwd: Questions re agenda items: Lobbying firms, Paradigm Medical Mgmt Get Outlook for iOS From: pacj<pacj_03@yahoo.com> Sent:Saturday,September 2, 2023 6:31:13 PM To: Estanislau, Robin<Robin.Estanislau@surfcity-hb.org>; CITY COUNCIL(INCL. CMO STAFF)<city.council@surfcity- hb.org> Subject:Questions re agenda items: Lobbying firms, Paradigm Medical Mgmt Re the upcoming council meeting, I have some questions. Paradigm Medical Mgmt contract: Is this contract for the medical management of but one workers comp claim at an amount not to exceed 2.8 million dollars. Is the 2.8 million dollars Paradigm's fee for managing one we claim? On the lobbying firm contracts: I don't see the proposals submitted. I found one lobbying firm named Mercury on the CalAccess website. Mercury's clients are largely agricultural companies/organizations. I see no municipalities as clients on the CalAccess website. Re Van Sycoc, which cities does this lobbying firm represent at the federal level? Thank you for your response. Pat Quintana 1 Moore, Tania From: Sheila Ellis <sheila.ellis78@gmail.com> Sent: Sunday, September 3, 2023 10:33 AM To: supplementalcomm@surfcity-hb.org; CITY COUNCIL(INCL. CMO STAFF);Van Der Mark, Gracey; Moser, Natalie; McKeon, Casey; Kalmick, Dan; Burns, Pat; Bolton, Rhonda; Strickland,Tony Subject: Tuesday city council meeting agenda After reviewing the agenda for Tuesday's city council meeting, I am urging all council members to vote no on agenda item number§1 41,16, 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 11 5' 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 .5 16,22 ,29, 30, 31, 32 , 34. 351 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 i,s 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 i on lawsuits against the city for infecting people by public servants of the city or have to pay for sick days for the entire HB City Hall , HBPD, HBFD, etc. to infect themselves all again . There are areas of public buildings that are NECESSARY to mask in during a public health crisis. This is because again, the City has FAILED to properly update them, namely places like the tiny, ventilation-impaired bathrooms at the Central Library! ! ! Lastly, I value the service of Natalie Mosier on the HB City Council . She represents the People of HB better than any other person on the council . If the City Council members did not have exposure for comments made regarding their integrity, then it would be much more difficult to do so. I would be much less successful than Natalie in keeping a proper demeanor in the same circumstances . Thank you for your attention to these matters . . .get the job done!. Janna Koch Huntington Beach jannapkoch@yahoo.com 2 Moore, Tania From: Levin, Shannon Sent Monday, September 4, 2023 7:37 AM To: supplementalcomm@surfcity-hb.org Subject: Fwd: Oppose Item#15B,#30,#31,#32,#34,#35 Get Outlook for iOS From:jstone223@aol.com<jstone223@aol.com> Sent: Monday,September 4, 2023 6:10:16 AM To:CITY COUNCIL(INCL.CMO STAFF)<city.council@surfcity-hb.org> Subject:Oppose Item t1• #30,#31,#32,#34,#35 I am apposed to our council majority and City Attorney attempting to change the very fabric of my city of 25 years. Jessica Stone "What if today we were just grateful for everything" Charlie Brown. i Moore, Tania From: Levin, Shannon Sent Monday, September 4, 2023 7:39 AM To: supplementalcomm@surfcity-hb.org Subject: Fwd: Comment, 9-5-23 CC mtg., items 15, 16, 30, 31, 32, 34, 35. Get Outlook for iOS From: Dan Jamieson<danjamieson4@gmail.com> Sent: Monday,September 4, 2023 7:36:12 AM To: CITY COUNCIL(INCL.CMO STAFF)<city.council@surfcity-hb.org> Subject: Comment, 9-5-23 CC mtg., items 15, 16,30, 31, 32,34, 35. Dear HB City Council: As a Huntington Beach resident, I appreciate the chance to comment in several items under consideration at the Sept. 5, 2023 council meeting: ltern 5.1 Please vote NO on item 15,a recommendation to contract with Kahn,Soares, &Conway LLP for State Legislative Advocacy Services and with Stapleton &Associates for Federal Legislative Advocacy Services. It is unclear why these firms were chosen.Stapleton was not highly rated by staff, and Kahn was not rated at all (and appears to focus on agricultural and water law). HB residents deserve transparency in how lobbying firms are chosen, especially given that the mayor is a professional lobbyist and may have conflicts. Item 16 Please vote NO on item 16,to redirect staff to develop policy options regarding city library materials and safeguards. This item continues development of the unconstitutional book-banning proposals pushed by the council majority. Having political actors review and restrict books would be an unconstitutional imposition of extreme religious views into the function of our public library,which is to serve all users regardless of faith or political views. Professional library staff are fully capable of choosing materials for our public library.Concerned parents can screen out anything they feel is unacceptable. Please stop the book-banning efforts that HB residents clearly oppose. *** Item 30 1 Please vote NO on Administrative Item 30. The council majority promised HB voters they would refrain from charter amendments.With this item,they go back on that promise. Charter amendments must be done with a thoughtful,even-handed,transparent process.The proposed batch of amendments in this item is anything but.The amendments were hatched behind closed doors by the council majority looking to consolidate power within the city attorney's office; prevent the council from investigating malfeasance; help the city attorney's wife get elected as city clerk; cement the anti-Pride flag ordinance into the charter; restrict the city's ability to create affordable housing; and improperly interfere with county-run elections in an attempt to cater to election-conspiracy believers. If charter amendments are needed,they should be done with an open and rigorous process with public notice and comment,and voted on in a November general election, not the lower-turnout primary election. Item 31 Please vote NO on item 31,dissolving the HB Human Relations Committee,and the Mobile Home Advisory Board. The city's Human Relations Committee is needed more than ever. Hate incidents and crimes are a continuing problem in our city and county. Dissolving the committee is an affront to the diverse community that lives,works and visits our city. The Mobile Home Advisory board also serves some of our most economically vulnerable citizens, many of them seniors on limited incomes who face rising rents from aggressive mobile-home park owners.The state Dept.of Housing and Community Development is too far removed from issues impacting local mobile-home residents, and our own advisory board can inform city leaders and HCD about HB-related park issues and violations. *** Item 32 Please vote NO on item 32,the Ad Hoc Committee's proposed Policy on Human Dignity. The proposed new statement on human dignity is a major step backward for the people of HB. The existing Human Dignity statement promises respect for everyone, regardless of"actual or perceived racial background,their nation of origin,the religion they practice,their sexual orientation,gender,gender identity or gender expression, or disability status."The existing statement has clear definitions of hate incidents and crimes, and promises action against hate crimes. It encourages and instructs on how to report hate crimes,and notes the tragic history that gave rise to the Dignity statement. The proposed new statement has none of this. It does not even mention hate crimes. Instead, it offers up a generic tough-on-crime policy,offering to pursue"all of those who participate in crimes in our community,"warning specifically of child abuse, including"sexual grooming."This language is chilling--right-wing extremists have associated grooming with the LGBTQ community. In a clumsy attempt to address the issue of trans athletes,the new policy seems to attack trans and non-binary people. It says the city"will recognize from birth the genetic differences between male and female."Will trans and non-binary people be protected?If so,will that protection extend to athletics? 2 Respectfully,the proposed new Dignity statement is a farce. Instead of a robust statement of support for vulnerable groups, it targets trans and non-binary people and those who might"groom" children (the LGBTQ community).As written,the new statement will be an embarrassment for the city. Item 34 Please vote NO on item 34,the Move to Censure Council Member Moser. Councilmember Moser questioned the appointment of the Mayor Pro Tern,who has a history of associating with white nationalists and once shared Holocaust-denial posts,to the sensitive job of writing a new Dignity statement.This was not improper.The council majority knew they might get this reaction.They got it, and now they can engage in more performative posturing with a censure vote. *** Item 35 Please vote NO on Councilmember Item 35. This item submitted by Mayor Pro Tern Van Der Mark on mask and vaccine mandates, is not needed, and would be an infringement on the freedoms of private businesses to decide such policies for themselves. Likewise,the city of HB, through council, can decide for itself to impose mandates or not within its own facilities. Mayor Pro Tern Van Der Mark attempts to justify this item by misrepresenting facts.The Chicago Sun Times story she quotes reported on the Cochrane study of masks.The Sun Times, along with other right-wing media, misquoted the study.The misreporting was debunked by Factcheck.org,and by Cochrane itself,which set the record straight(the effectiveness of masks is uncertain): "Many commentators have claimed that a recently-updated Cochrane Review shows that'masks don't work',which is an inaccurate and misleading interpretation," Dr. Karla Soares-Weiser,the editor-in-chief of the Cochrane Library,said in a March 10 statement. (https://www.factcheck.org/2023/03/scicheck- what-the-cochrane-review-says-about-masks-for-covid-19-and-what-it-doesnt/) The LA Times story Mayor Pro Tern Van Der Mark cites reported on a study of records of nearly 800,000 U.S.veterans and the persistence of covid vaccines.Vets protected by the worst performing vaccine,J&J's,were nevertheless 52%less likely to die than their peers who didn't get any shots,according to the story.Other covid vaccines were even more effective. (Because vaccines wear off, booster shots are recommended.) Vaccines have proven effective.The data are clear. It is troubling that HB's Mayor Pro Tern spouts such blatant misinformation. Dan Jamieson Huntington Beach *** 3 Moore, Tania From: Mikel Hogan <mhogan072@gmail.com> Sent: Monday, September 4, 2023 8:22 AM To: supplementalcomm@surfcity-hb.org; CITY COUNCIL(INCL. CMO STAFF) Subject: Stop the Authoritarian Plans of Huntington Beach City Council Attention Huntington Beach City Council Members, As a 50 year tax paying resident of Huntington Beach, I request you remove the wasteful, distractive, and nondemocratic agenda items from the September 5, 2023 City Council meeting, namely 1. Remove and stop the censure of councilperson Natalie Moser 2.Stop the wasteful anti-housing policy that is costing the HB taxpayers($4 million) 3.Stop the wasteful and costly special election ($1.2million)to place unnecessary Charter Amendments on the March 2024 ballot.These undemocratic amendments were designed in secrecy with no expert or community input and promote grossly harmful policies for our city governance. 4.Stop the Mayor's recommendation for the City Council to choose the lowest ranked:Federal.:Gove brl a it"Affairs: respondent against the staff recommendation. For Huntington Beach to effectively face the challenges of global climate change and the many related social and economic issues,we need respectful,inclusive democratic, pro-active governing processes for a strong and resilient Huntington Beach community. • Dr. Mikel Hogan 1 Moore, Tania From: Levin, Shannon Sent: Monday, September 4, 2023 9:52 AM To: supplementalcomm@surfcity-hb.org Subject: Fwd:Vote No on Agenda items: 15,16,22,29,30,31,32,34,35 Get Outlook for iOS From: Linda Law<lindaklaw@aol.com> Sent: Monday,September 4,2023 9:32:19 AM To:CITY COUNCIL(INCL. CMO STAFF)<city.council@surfcity-hb.org> Subject:Vote No on Agenda items: 15,16,22,29,30,31,32,34,35 Dear Council Members, Please vote no on agenda items:.5 36,22,29,30,31,32,34,35 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: 41temrlspendtaxpayer 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. •—ltem 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 c 15 a6,22,29,30,31,32,34, 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! 1 -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<llaurajjane@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 1-516,22,29,30,31,32,34, 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. i *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: vanessaweb@aol.com Sent: Monday, September 4, 2023 4:47 PM To: laura sire; supplementalcomm@surfcity-hb.org Cc: laura sire Subject: Re:Agenda items: 15,16,22,29,30,31,32,34.35. (Agenda dated Sept 5, 2023) Laura,that is a great letter!! Thanks for letting me read it. I know you'll be there in spirit tomorrow night. V Sent from the all new AOL app for iOS On Monday, September 4, 2023, 4:02 PM, laura sire<Ilaurajjane@yahoo.com>wrote: Dear Mayor Strickland, Mayor Pro Tern Van Der Mark, and Councilmembers Bolton, Burns, Kalmick, and Moser, My name is Laura Sire. I moved to Huntington Beach with my family when I was 14 years old. I am now 75 years old so I've been here a long time, and have witnessed many changes over the decades. I was a realtor in this city for about 10 years, and then made a career change to teaching and taught 1st grade for 16 years. The last decade or so I've enjoyed volunteering and being of service to HB. Currently, I've been experiencing some health issues which have necessitated me stepping back from my activities. However, I am writing today out of the urgency of the crisis I see the governance of Huntington Beach facing. I am appalled at what has occurred since the council majority Strickland, Van Der Mark, McKeon, and Burns were sworn in December 2022. Public comments are heard but not really heard. The "Thank you for being here" mechanically repeated by Mayor Strickland rings hollow as the CC majority deconstructs all that is positive, inclusive, compassionate, and sound city government with their robotic, pre-determined and thoughtless 4-3 votes. That said, still in hopes of being heard I strongly ask for a NO vote on Agenda items 1516,22,29,30,31,32,34, 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 Switzer, Donna From: Jessamyn Garner <jessamyngarner@gmail.com> Sent: Tuesday, September 5, 2023 9:33 AM To: supplementalcomm@surfcity-hb.org;CITY COUNCIL(INCL. CMO STAFF) Subject: Please oppose agenda items 15 16, 29, 30, 31, 32, 34, 35 Dear Huntington Beach City Council, I wish I could attend the meeting tonight,but unfortunately I was exposed to Covid over the weekend.I want to keep my neighbors safe so I plan to stay home. As a resident of Huntington Beach, I am appalled by many items on tonight's agenda.The policies and decisions that are being considered are hurtful to minorities in this community and they do not represent my values of inclusion and integrity. I urge you to oppose agenda itemsa5i6, 29,30,31,32,34,and 35. Specifically,as a member of the LGBTQ+community,I reject the statement of Human Dignity that has been warped to include transphobic rhetoric that will directly impact my ability to live in this community. I know based on previous behavior and voting records from the council that this email and the hundreds of other comments you will receive in the next 18 hours will not likely change your minds.Just know that your constituents are paying attention to your actions and we will vote accordingly.Making it harder for us to vote and passing threatening policies will not deter us from showing up to the polls. On the contrary,it will galvanize us and we will show up in even greater numbers. We won't allow this city to continue to be led by hateful rhetoric and exclusionary policies. Jessamyn Gamer (they/them) 1 Switzer, Donna From: LISE MILLER <genereaux@aol.com> Sent Tuesday, September 5,2023 8:56 AM To: supplementalcomm@surfcity-hb.org;CITY COUNCIL(INCL.CMO STAFF) Subject: Oppose73Ba=30, 31, 32, 34, and 35 Dear Council, Please consider the following recommendations: Oppose Item#151 There is no explanation why the Council would hire the lowest rated advocacy firm when judged by our own Intergovernmental Relations Committee. A rubric was developed for evaluating the proposals that were submitted in response to the RFP and then the IRC recommended hiring the highest ranked firm, but the Council is poised to hire the lowest ranked firm instead. Without explanation,this seems to be a waste of our tax dollars. Oppose Item#30 I strongly oppose moving any of the proposed charter amendments to the primary ballot. They were not drafted in accordance with our own rules or charter requirements. There was no citizen commission, only a 3 person ad hoc committee that developed these behind closed doors. None of them are needed for good governance of our city. Oppose Item#31 I strongly oppose dissolving the city's commissions and committees. They are made up of citizens which allow the Council to have the most direct input from our citizens on varying topics of concern in our city. Oppose Item#32 I strongly oppose the adoption of the ad hoc committee's"rewrite"of the Policy on Human Dignity. The 2021 version was thorough,complete and inclusive. Not only is this new version incomplete, it is actually exclusive and transphobic. I would be embarrassed for people to know that I live in a city that has published such a horrible document. Oppose Item#34 I strongly oppose censuring Councilmember Moser for asking a relevant question. When Mayor Pro Tem Van Der Mark was selected to be part of the ad hoc committee to reevaluate a policy that addresses the Holocaust and hate crimes, it is certainly relevant to know if any of the 3 members charged with that task holds any biases. Van Der Mark has never publicly answered the questions that have been swirling around the community for years. I am more concerned that Van Der Mark responded to the reasonable query by shouting and calling Moser a liar. That seems a much more egregious offense. Oppose Item#35 There have been no mask or vaccine mandates in place for months, if not years. This agenda item seems to be placed just to get people riled up(as if there isn't enough on this agenda). I oppose this waste of time. Thank you! Sent from my iPad 1 NS Switzer, Donna From: Levin, Shannon Sent: Tuesday, September 5,2023 8:45 AM To: supplementalcomm@surfcity-hb.org Subject: FW: [External] Re: Notice of Intent to Award and related public documents- evaluation factors Attachments: intent to award Federal and State Advocacy_SL.docx;Staff Report(1).pdf; Minutes Int Govt Mttg HB.pdf From:Crum,Jim<jcrum@vsadc.com> Sent:Tuesday,September 5, 2023 8:18 AM To:Anderson,Jennifer<Jennifer.Anderson@surfcity-hb.org>; Levin, Shannon<Shannon.Levin@surfcity-hb.org>;CITY COUNCIL(INCL. CMO STAFF)<city.council@surfcity-hb.org> Subject: FW: [External] Re: Notice of Intent to Award and related public documents-evaluation factors Jennifer and Shannon: this email is intended to serve as a contact to the designated City staff in accordance with RFP No: 23-0613 but is also being sent to the City Council members as additional information for the Council meeting and Agenda scheduled for September 5th, 2023. The VSA team,who has provided a proposal to RFP NO: 23-0613, has reviewed the"Notice of Intent to Award" (below), the public document File#23-636;Subject: Legislative Advocacy RFP Update summarizing the staffs review of qualifications and recommendations, and the public document; minutes from the July 20, 2023 meeting of the Intergovernmental Relations Committee (IRC). Although we clearly understand the range of recommendations the IRC can make in regard to a selection,we would like to note formally our concerns around the"Notice of Intent to Award" document as it identifies Stapleton and Associates as the potential award for Federal Legislative Services. The "Notice of Intent to Award" lists criteria utilized to evaluate the proposals which are also listed in the RFP itself and the Staff Review report. These are: • Compliance with the RFP Requirements • Approach, Understanding of Project and Methodology • Qualifications and Experience • Experience • Proposed Cost, Price, Fees • References The IRC's selected firm for the Federal Legislative Services was not consistent with the staffs recommendation and based on the above criteria,was the least qualified firm based on the staff evaluation and assigned point scores. The staffs independent review and ranking scores are showed below: 1 .._........ P s�f arnplyi c : Rem, f uah t & enenc U r tt Est the S` Iar V Ic*it �• a'� llfli; 5. `O, : i= e 1 •7-5 4, 1 33 '5 .i Fottietet 145. 11715 '' 1 pry ' • Van Scoyoc Associates would like to appeal the IRC's decision based on the following reasons. Although we recognize that the RFP does not describe appeal procedures,we request that this email serve as the basis for our appeal and consideration. We also request that this appeal be provided to the City Council. 1. The point difference for Stapleton&Assoc for"Compliance with the RFP" is significantly different that all other proposers. By their point score, it can be concluded that Stapleton&Assoc is non-compliant with at least half of the requirements in the RFP (score of 65). 2. Stapleton &Assoc does not demonstrate sufficient references to validate their past experience in the type of work being requested in the RFP (score of 10). 3. Stapleton &Assoc does not appear to have the experience(score 55)working with similar cities to represent Huntington Beach which is further validated by their lack of references. 4. Stapleton &Assoc appears to lack the understanding of portions of the Scope of Work compared to the more experienced firms. Our intent with this appeal is not just for reconsideration but to express concern that the City of Huntington Beach obtain Federal Legislative Advocacy Services with the highest level of expertise and experience. Very respectfully, Jim Crum Vice President; Van Scoyoc Associates. JimCrum;P.E. Van Scoyoc Associates 800 Maine Ave Ste" Washington DC 20024 202-638-:1950 VAN S C IC) 202-2364084 ASSOCIATES Cautronr T is a-m it originated outside the fi.,3 Eta not click am iin tit at ch ents unlessay to are certain' rs genuine" .,-_ _.... ... .__... 2 tl CITY OF HUNTINGTON BEACH wY. P Finance Department NOTICE OF INTENT TO AWARD Date: August 14, 2023 Project: Federal &State Legislative Advocacy Services The City evaluated proposals using a Qualifications-Based Selection (QBS) process incorporating a multitude of factors aside from, but including, pricing.The criteria utilized to evaluate the proposals are as follows: • Compliance with the RFP Requirements • Approach, Understanding of Project and Methodology • Qualifications and Experience • Experience • Proposed Cost, Price, Fees • References The results of the evaluation panel were reviewed at the July 20, 2023 Intergovernmental Relations Committee (IRC) meeting. IRC made the following recommendations for award at the September 5, 2023 City Council meeting: Stapleton &Associates Kahn, Soares, &Conway LLC via Mercury Public Affairs The City would like to thank all proposers for the time and resources contributed toward this RFP process. Non- selected proposers are highly encouraged to stay registered on the City's PlanetBids portal. This will enable proposers to register on the City's procurement system based on commodity and/or service offerings and be automatically contacted for future opportunities. With regards, Jennifer Anderson Sr.Buyer 714.374.1569 Tennifer.Anderson@surfcity-hb.org 3 i o CITY OF HUNTINGTON BEACH Finance Department A�k $ P NOTICE OF INTENT TO AWARD Date: August 14, 2023 Project: Federal &State Legislative Advocacy Services The City evaluated proposals using a Qualifications-Based Selection (QBS) process incorporating a multitude of factors aside from, but including, pricing. The criteria utilized to evaluate the proposals are as follows: • Compliance with the RFP Requirements • Approach, Understanding of Project and Methodology • Qualifications and Experience • Experience • Proposed Cost, Price, Fees • References The results of the evaluation panel were reviewed at the July 20, 2023 Intergovernmental Relations Committee (IRC) meeting. IRC made the following recommendations for award at the September 5, 2023 City Council meeting: Stapleton &Associates Kahn,Soares, & Conway LLC via Mercury Public Affairs The City would like to thank all proposers for the time and resources contributed toward this RFP process. Non-selected proposers are highly encouraged to stay registered on the City's PlanetBids portal. This will enable proposers to register on the City's procurement system based on commodity and/or service offerings and be automatically contacted for future opportunities. s ww✓ 2000 Main Street, Huntington Beach,CA 92648 City of Huntington Beach 4 9s File#: 23-636 MEETING DATE: 7/20/2023 Subject: Legislative Advocacy RFP Update Statement of Issue: Following an extensive Request for Proposals (RFP) process, staff has identified two consultants, Van Scoyoc & Associates and Mercury Public Affairs to provide Federal and State legislative advocacy services, respectively. Staff seeks additional input from the Intergovernmental Relations Committee, prior to placing both contracts on the August 1, 2023 City Council agenda for further consideration. Financial Impact: Sufficient funds are budgeted in the FY23-24 Operating Budget under business unit 10030101.69365. Funds for future years will be included in their respective years' budgets. Recommended Action: Based on the RFP process as defined by the City's purchasing policies and the panel's rankings staff proposes to recommend to the City Council to approve a 2-year professional services agreement for Federal legislative advocacy services with Van Scoyoc & Associates and another 2-year professional services agreement for State legislative advocacy services with Mercury Public Affairs. Provide feedback to staff and recommend next steps such as interviews or negotiations with the recommended firms. Alternative Action: Do not approve the recommended action and direct staff accordingly. Alternate actions include conducting interviews with all firms, proceed with negotiations, or re-issue the State Legislative Advocacy RFP given that only one proposal was received. Analysis The City of Huntington Beach issued an RFP on May 8, 2023 from well-qualified firms to provide both Federal and State legislative advocacy services in support of the City Council's policies and priorities. Firms were asked to submit proposals for either or both the Federal and State legislative advocacy services. The RFP asked firms to detail their qualifications and their proposed approach to the scope of work, which includes: work with the City to establish legislative priorities (i.e., develop a Legislative Policy Platform), advocate on the City's behalf to federal and state legislative bodies and agencies, conduct legislative research and analysis, support the City in Washington, D.C. and/or Sacramento, and support the City's financial outlook by developing a plan supplemented through federal or state appropriations and grant funding. The RFP specified that responses must include: 1. Cover Letter 2. Firm Qualifications 3. Understanding of and Proposed Approach to the RFP Scope of Work 4. References 5. Pricing Proposal Additionally, the RFP identified specific criteria that would be used in the evaluation process: City of Huntington Beach Page 1 of 2 Printed on 7/17/2023 powered by LegistarTM File#: 23-636 MEETING DATE: 7/20/2023 1. Qualifications and experience of the individuals assigned to the contract 2. Qualifications and experience of the responding firm 3. Experience and track record conducting similar work for similar cities 4. Understanding and approach to the proposed scope of work in Huntington Beach 5. Proposed Fees The RFP closed on June 13, 2023, and the City received four proposals. Proposals were independently evaluated by a panel of three staff members using the specific criteria listed in the RFP. A weighted scale up to 1500 points was allocated across six criteria in compliance with the RFP. Each panelist independently reviewed and scored the proposals per the City's purchasing procurement policies, and the ranking is as follows: Proposers Scope of Compliance References Qualifications& Experience Understanding Cost Total Work with RFP Experience of Conducting and Approach to Proposal Points the Proposer Similar Work for Scope Similar Cities Van Scoyoc Federal 140 75 362.5 145 337.5 350 1,410.00 &Assoc. Thom Run Federal 135 70 362.5 145 337.5 300 1,350.00 Mercury Federal& 135 57.5 325 125 356.25 250 '1,248.75 State Stapleton & Federal 65 10 (175 55 212.5 250 767.50 Assoc. Based on the RFP process as defined by the City's purchasing policies and the panel's rankings, staff proposes to recommend to the City Council to approve a 2-year professional services agreement for Federal legislative advocacy services with Van Scoyoc & Associations and another 2-year professional services agreement for State legislative advocacy services with Mercury. Each agreement has an option to exercise one additional year. Sufficient funds to cover the cost of each agreement is budgeted in the FY2023-24 Operating Budget under business unit 10030101.69365. Aftachment(s): 1. Request for Proposals- Federal & State Legislative Advocacy Services (RFP No. 23-0613) City of Huntington Beach Page 2 of 2 Printed on 7/17/2023 powered by LegistarTM' at°a0 ATIfJGTp; CITY COUNCIL INTERGOVERNMENTAL RELATIONS COMMITTEE MINUTES FROM JULY 20, 2023 cour,Tl oY 2000 MAIN STREET, Lower Level Room B-7 HUNTINGTON BEACH, CA 92648 Call to Order at 2:33 PM. Roll Call • Council Liaisons: (Present) Mayor Strickland, Mayor Pro Tem Van Der Mark, Council Member Burns • Staff: Hopkins, Levin, Frakes Public Comments (2 minutes per speaker): Mark Sheldon encouraged the IRC to hire a legislative advocacy contractor. Approve Minutes.from June 21, 2023 meeting: APPROVED 3-0 (Burns abstained) ADMINISTRATIVE ITEMS 1. LEGISLATIVEADVOCACY RFP UPDATE: The Federal and State Legislative Advocacy proposals were reviewed by a panel of 3 staff, and based on the combined, independent ratings of the review panel, staffs recommended professional service providers are as follows: a. Van Scoyoc & Associates — (proposed Federal) — Award Federal Advocacy Thorn Run—(proposed Federal) b. Mercury—(proposed both Federal &State)—Award State Advocacy c. Stapleton &Associates—(proposed Federal) Staff recommended Van Scoyoc & Associates for Federal Legislative services, and Mercury for State Legislative Services. I'" WgrAMPI i®f s:a« s,L `S' s r m-:54 one?htnata wpieto ssoc ilk 1 E19 � �� ."are ' ti Approved 3-0. 2. GENERAL UPDATES: Levin gave an update on the IRC's last month legislative positions, and that all position letters were mailed out after the City Council vote at the July 18, 2023 meeting. 3. ITEMS FOR NEXT MEETING: Mayor Strickland asked staff to reach out to local State and Federal representatives' offices and invite them or their staff to the next IRC meeting. Mayor Strickland also would like to add the 405 Freeway Naming effort from Steel's office on the next IRC agenda. Levin suggested a recap of status of the legislative items discussed at IRC year to date. Adjournment—2:41 PM The next regularly scheduled meeting will be on August 16, 2023 at 4:00PM. Page 1 of 3 Switzer, Donna From: Fran Delaney <francesbdelaney@gmail.com> Sent: Tuesday, September 5,2023 11:13 AM To: supplementalcomm@surfcity-hb.org Subject: Re: Current City Council Agenda Items Thank you for following up.These are the items that I would like to be given NO votes by City Council: 151'16,22,29,30,31,32,34, and 35. On Tue,Sep 5, 2023 at 9:37 AM,supplementalcomm@surfcitv-hb.org<supplementalcomm@surfcitv-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 * 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)<citv.council@surfcitv-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: { 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: 71 "... 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. j Please read my requests and vote against the proposals listed above. Fran Delaney-Barron "Never underestimate the power of a small group of committed people to change the world. In fact, it is the only thing that ever has."— Margaret Mead 3 Switzer, Donna From: Karen Marie Carroll <dockaren44@gmail.com> Sent: Tuesday, September 5, 2023 8:06 AM To: supplementalcomm@surfcity-hb.org Subject: Agenda Items Mayor Strickland and Members of the City Council I am writing in opposition to or with serious concern regarding the following items on the 9/5/23 City Council Meeting A enda: Item 3;Q. 23-700, 3 23-693, 2f. 23-707, Item . 23-704, Item 2 23-733, r23 700 and 23-741 Item 30. 23-700- This item marks acceleration of a trajectory putting control of our city into the hands of extremists who are already providing their friends and associates opportunities to profit through secret settlements and now a re-do of bidding for contracts. What is being proposed appears to build on actions already taken that clearly benefit the new majority — along with their friends and family. Financial gain and political ambition are equally apparent. I point to the following: 1) At the outset of your terms, you upped the limits on campaign contributions that give you quite an advantage in campaigns to come. I contributed to several candidates in the last election, and it was difficult for me financially. But I gave the limit and thought it was fair because there were limitations in place for all candidates. The current majority, however, was strategically supported by investors and groups many of which are outside of our city. 2) You propose re-arranging election cycles that would permit City Attorney Michael Gates and his wife Kelly Gates to run together, without reasonable limits on what they could spend together in a very well financed campaign. Included is a reduction of the requirements for City Clerk, which would permit Ms. Gates to run. Moving election oversight from the County to the City Attorney and City Clerk is ridiculous, unnecessary, and expensive. The optics are terrible! Further, it plays to the myth that there is election fraud here, for which there is no evidence. Items 31. 23-693, particularly points I), J), and K) This agenda item would change the application requirements for local contracts that open the door for persons, agencies, or firms that organize our local events. Will Code Four and Kevin Elliot be selected to run the 4th of July Parade and other city events too? We have heard that the Blue Angels i and other armed forces units arrange airshows without a middleman like Mr. Elliott. That is the way it is done in other locations, such as Seattle. Ifern iS .23-673 I question the change to accept the staff recommendations for federal lobbying consultants. Why accept the lowest ranked vendor to provide legislative analysis for our city? I understand that Mayor Strickland has received political contributions from that contractor. Really, this is the best that Huntington Beach deserves? Could there be any more evidence of political payback? Item 16. 23-741 Cultural issues outside of the those that actually matter to all residents were presented with a strategy of shock. Are you saying the extreme examples you found were in books in our library and schools in our city? I think not. I assure you, most of us do not want you to take on our parenting, just do the normal business of governing our city. 2 Switzer, Donna From: Celeste Rybicki <celeste@celesterybicki.com> Sent: Tuesday, September 5,2023 7:53 AM To: CITY COUNCIL(INCL. CMO STAFF);supplerrentalcomm@surfcity-hb.org Subject: Disgusted but not Defeated, NO on items, 'S16, 22, 29, 30, 31, 32, 34, 35 Dear City Council Majority, I am sure I'm not the first to mention that the attempt to throw all these issues on the agenda today,the day after a holiday long weekend, is a slimy attempt to sneak them all in without giving the public adequate time to realize what you're doing. I don't believe this will change how you vote,you've proven time and time again you do not care how the residents of Huntington Beach really feel. However, I am writing to have it on record,so you cannot deny that your constituents have reached out in opposition. I and strongly against censuring Councilwoman Moser. Nothing she said was incorrect or inappropriate,she repeated the same concerns many of us have about the Mayor Pro Tern. I do feel that GVDM lashing out against her, interrupting and calling her a liar was unprofessional and inappropriate. If you're going to consider censure I would direct that towards VanDerMark. I am against the proposed amendments to the city charter. For a group that ran on keeping the city charter as is... I am so confused as to why this is even happening. I didn't vote for any of you so I'm not particularly shocked or disappointed but I assume many who voted for you do feel deceived. I am so,so,so opposed to the modified Policy on Human Dignity. It is,to put it lightly,wholly undignified. If this offensive monstrosity passes I expect there to be so much public pushback causing embarrassment(and very likely loss of business)for our city. I can say from personal experience, in the past year I have had 3 pride flags stolen from my front yard and in the past 8 years I have had zero attempts at grooming or anything inappropriate towards my children by the HB librarians or public school system or drag queens,for that matter. I'm writing this morning, not from a place of fear-because I am not afraid that you four(plus Gates,that's a whole other corrupt mess) can truly destroy our city. I'm writing because I have hope that the good, kind, honest and loving community I know here far far outnumbers you and your small-minded attempts.So here's one more email letting you know we see what you're trying to do. I oppose items 15,16,22,29,30,31,32,34, 35. I oppose your:fascist, bigoted power grabs. Celeste Rybicki HB resident and mother of 3 1 Switzer, Donna From: Levin,Shannon Sent: Tuesday, September 5, 2023 6:07 AM To: supplementalcomm@surfcity-hb.org Subject: Fwd: Proposed Agenda for Sept. 5 Get Outlook for iOS From:Jeanne Whitesell<jswhitesell3211@yahoo.com> Sent: Monday,September 4,2023 10:19:12 PM To:CITY COUNCIL(INCL.CMO STAFF)<city.council@surfcity-hb.org> Subject: Proposed Agenda for Sept.5 Dear City Councils members, I read the Agenda for the September 5 City Council meeting and want to state my concerns. First I am appalled at Item 32,the Hnman Dignity document,which results in NO Dignity for some Huntington Beach citizens. Are we trying to take Huntington Beach back to the Dark Ages? Second,I'm also against Item 22,which will use reserve funds for lawyers' fees. Why are we supporting lawyers to bring more unnecessary lawsuits? There needs to be more information and openness on where this money is going. Third,I'm concerned about Item 16 which seems to me to be an effort to damage one of the great institutions in HB, our wonderful libraries and librarians. Other Agenda Items I'm opposed to are 15 29, 30,31, 34 and 35. Sincerely, Jeanne Whitesell 17922 Shoreham Lane Huntington Beach, CA 92649 714-846-8978 jswhitesell3211@yahoo.com 1 Switzer, Donna From: Diane <dianesgotopnions@gmail.com> Sent Tuesday, September 5,2023 1:01 AM To: supplementalcomm@surfcity-hb.org;CITY COUNCIL(INCL.CMO STAFF) Subject: Oppose Item#1513=2-1 There is no explanation why the Council would hire the lowest rated advocacy firm when judged by the city's own Intergovernmental Relations Committee (IRC). A rubric was developed for evaluating the proposals that were submitted in response to the RFP and then the IRC recommended hiring the highest ranked firm (Van Scoyoc&Assoc), but the Council is poised to hire the lowest ranked firm instead (Stapleton &Assoc). There are rumors that this decision is due to Mayor Strickland having a prior relationship with the low ranking firm. If that is true, I sincerely hope that he will recuse himself from the vote in order to remove even the appearance of a conflict of interest. I urge the council to follow the conclusions of the IRC and issue a 2-year professional agreement with the highest ranking firm,Van Scoyoc&Assoc. Sincerely, Diane James 1 Switzer, Donna From: Scott Malabarba <scott@malabarba.org> Sent: Monday, September 4, 2023 11:16 PM To: supplementalcomm@surfcity-hb.org;CITY COUNCIL(INCL.CMO STAFF) Subject: regarding multiple agenda items for the Sept 5 council meeting Dear Huntington Beach City Council members, Council members Moser, Kalmick, and Bolton,thank you for your ongoing courage and integrity. For the council as a whole, my comments on a number of agenda items for September 5 follow. In (wary)support of 23-732,e-bikes This looks like a genuine effort to address a real problem that falls with the city council's purview. Excellent, please do more of that! In opposition to 23-731,censure of Natalie Moser The Proud Boys is an hate group that harbors criminals,terrorists, and traitors to this nation. Its purpose is to do harm to entire segments of the American population, including tens of thousands of citizens of the city you serve.So,yes, if an elected official has any association with this organization or espouses its beliefs,such as that the Holocaust was a hoax, that is relevant.And it is fair to ask if they are the right person to revise a policy that was authored to take a stand against those very beliefs. This censure not about civility. It is a blatant attempt to silence a council member who asked a question that some don't want answered. In opposition to 23-734,revising the policy on human dignity. "Protect children!"Of course--everyone wants to protect children. If you were sincere,you would know that queer and trans youth face drastically elevated risk of bullying, harassment, sexual assault,and suicide,and you would use your position to support and protect them. Most of us are not looking to the city government to tell us how gender roles should work or what they suppose the differences between the sexes to be. Furthermore,given the history of this city council in attacking librarians and educators, I find this wording around sports to be concerning.Will you next target PE teachers? I am not sure what to make of the paragraph stating that the council will "...vigorously fight criminal activity that risks some one's [sic]freedoms..." Does it mean to imply that the police and city authorities have not been pursuing the apprehension of criminals?Or perhaps, in light of the censure of Ms. Moser, it's a threat: violate our freedom to hurt queer people without consequence and we'll turn the law on you. "...lend your voice in support of treating and respecting all people equally."An admirable sentiment,and I look forward to you all joining me with your voice in support of treating and respecting queer and trans people equally. 1 Let's be honest--this was never a good faith attempt. It was only ever about erasing the original intent of a policy on human dignity that has been in place for decades.You could just leave it alone and move on. In opposition to 23-700,special election and charter amendment Prior to and during the June 26 special council meeting,we were told that the city was facing budget shortfalls in the upcoming years and that major cuts across most city departments would be necessary.The city will be paying out 8 million+dollars in lawsuits.So how can the city afford 1.2 million for this election, plus ongoing and unspecified costs for items like running elections? The structure of the proposed ballot measures is manipulative.Consistently, I see a prominent voter-baiting item (election takeover, ban Pride flags at City Hall) mixed in with completely unrelated items that look innocuous but add power and reduce accountability for the council majority and city attorney. Every ballot item is a terrible idea (with the possible exception of the Measure C update, which sounds benign, but at this point who knows?). Good-faith and well-authored ballot measures would be clearly and simply structured and allow voters to separately choose on unrelated items.This special election will probably happen,so I can only hope that HB votes smarter this time around. Comment on 23-741, "safeguards"for library materials. Of course the library staff has asked for more time--you have presented them with an insuperable problem. The library contains thousands of books that many reasonable parents would agree are inappropriate for young readers: most of the horror,thriller,suspense,and true crime sections; much of fantasy,science fiction, and literature; some history; and the entire romance section (most of us,of course,just pay attention to our kids and don't expect these books to be locked up). If you were sincere,you would be concerned about all of these and not just Genderqueer. If you were sincere,you would have also noted that commercial bookstores stock the same books.There's little point in "protecting"children from these books at the library if they can just read them at Barnes and Noble.So you'll need to go tell store management that they must rearrange their displays to meet your requirements.And then get sued (again). -I hope some of you have realized that this whole effort is a can of worms that will accomplish nothing and cost the city time, money,and people.You could just make a note to better publicize the library's existing policies and move on. Comment on 23-726,payouts from litigation reserves These lawsuits predate current leadership. However, I would hope that upon having to pay out millions of dollars in taxpayer money,the city would learn its lesson and not do it again.Yet,the city is constantly embroiled in lawsuits over housing;the current council has doubled down on its stubborn refusal to comply with decades-old state law. It's not "fighting for HB" if you keep losing. In opposition to 23 738,anti mask and.anti vax nonsense. This is pure theater.Attempting to override any county or state policies will probably just get the city sued (again).What is most amusing about this item is that the people who are cheering for it never really cared, not even when people were dying of Covid in HB every day.They certainly are not waiting for permission from the city council to rip off their masks.This accomplishes nothing and makes HB look stupid. 2 Comment on 23-693,dissolve various committees and boards • I have no background on this matter. Perhaps it is entirely benign. However, in the context of other activities of the current city council, such as 23-700, I am suspicious about the unexplained dissolution of the Environmental and Sustainability Board, the Smart Cities and Technology Committed, and the Youth Board. Comment on 23-673,IRC contracts` I would never have noticed this were it not pointed out to me. "...staff proposes to recommend to the City Council to approve a 2-year professional services agreement for Federal legislative advocacy services with Van Scoyoc & Associations and another 2-year professional services agreement for State legislative advocacy services with Mercury" But the plan is to "to execute a Professional Services Contract between the City of Huntington Beach and Stapleton & Associates for Federal Legislative Advocacy Services", the lowest- ranked vendor with just over half the overall score of the recommended vendor? I have no background on this matter. Again, however, in the context of other activities of the current city council, such as 23-700, it looks suspicious and I have to wonder what underlying motives might be at play. Thank you for your time and attention. Sincerely, Scott Malabarba, HB resident 3 Switzer, Donna From: - Levin, Shannon Sent: Monday, September 4,2023 10:00 PM To: supplementalcomm@surfcity-hb.org Subject: Fwd: Oppose Items# 15, 16, 30, 32, 34, and 35 on the September 5, 2023 HB City Council Agenda Get Outlook for iOS From: Pat Goodman<patgoodman@yahoo.com> Sent: Monday,September 4, 2023 9:26:33 PM To:Strickland,Tony<Tony.Strickland@surfcity-hb.org>;CITY COUNCIL(INCL.CMO STAFF) <city.council@surfcity-hb.org> Cc: Fikes,Cathy<CFikes s rf..city-hb.org> Subject:Oppose Items# 1 16,30, 32,34,and 35 on the September 5, 2023 HB City Council Agenda Dear Mayor Strickland and City Council, I submit my comments in addition to my previous email to Oppose Agenda Items # 31 C and # 34, to you with the understanding that not one of you received a majority of eligible votes in the elections in which you were elected to office. With this consideration in mind, I hope that your votes on Tuesday night will reflect the best interest of all of the people who look to you to represent them, and do what is best to have a well-run American beach city in the 21st century. Oppose4t4574Consider Intergovernmental Relations Committee (IRC) recommendation to approve and authorize execution of Professional Services Contracts with Kahn, Soares, & Conway LLP for State Legislative Advocacy Services and with Stapleton & Associates for Federal Legislative Advocacy Services Why would the council approve a contract with the least qualified applicant, Stapleton & Associates, per the RFP analysis? In addition there are 3 contracts identified in items # 26, 27, 28 that are to be rescinded. Why? The RFP process is very costly and time consuming, and in these cases for projects that will benefit residents. Why would the city go back to the beginning of the RFP process. Please explain the need to do this. Oppose #16, 30, 32, and 35 these items have no place in the operation of a well-run American beach city in the 21st century. These items appear to be political statements addressed to a minority of people and political supporters in city that highlight ideological differences between neighbors and family members and will only serve to anger and agitate the community and stain the reputation of Huntington Beach. Please withdraw these items from the agenda. 1 Oppose # 16 - Redirect staff to return to City Council on October 17, 2023 with actionable policy options regarding City library materials and safeguards We are blessed with an excellent library system here in Huntington Beach with excellent staff, enthusiastic volunteers, and wonderful patrons. Our library has a system in place to review questionable items raised by members of the community. There is a library commission, responsive library staff and ways for parents to monitor their child's book selections. Use the tools in place to address any questions or concerns. Oppose # 30 - Consider the submission of 3 Charter amendment ballot measures for voter approval at the March 5, 2024 Statewide Primary Election, and the adoption of Resolution Nos. 2023-42, 2023-43, 2023-44 and 2023-45 Please reconsider these charter amendments. You've not engaged the community to identify the citizens' concerns around these issues. Take the time needed to include the public in this process in order for a successful outcome. Amendment # 1 Voter ID - what's wrong with the current system of signature verification? More In-person voting locations - will there be separate municipal ballots? Will voters be able to mail them to the City Clerk or OC Registrar of Voters? Monitoring (Ballot?) Drop Boxes - who monitors? Several questions on the election administration, cost to the city, and coordination with the county. What benefit is derived from pursuing the administration of the municipal elections? What are the costs? What problems and challenges have occurred with the current administration of elections in Huntington Beach? How do these measures protect from voter intimidation? Clarify voters elect the City Attorney as the city's legal counsel free from interference from city officials I am most concerned with Amendment #1 office of City Attorney amendments. This is a consolidation of power around the office of City Attorney and a blow to voter protections. This is a tremendous overreach and consolidation of power including the issues of independence, transparency, accountability by the City Attorney. This office serves the legal interests of the city (the people) and by extension the city council. If there is a conflict of interest by the city attorney's office on a legal matter such as wrongful termination claims from employees and the City Attorney. How can the City Attorney represent and defend the city and her/himself in such a case? The council must solicit legal opinion from an independent attorney outside of the city's employees in order to defend itself. The City Attorney must take direction from the Council and be a resource to the City 2 Manager, Police and Fire chiefs and other city leadership, and if, for some reason he/she cannot fulfill their role to defend the city. Amendment # 2 Provide that the only flags that shall be displayed by the City on City property are: the U.S., County of Orange, City of HB flags, and the Pow, Armed Forces flags Adopt a Two -Year Budget City Clerk * City Treasurer elections to the gubernatorial cycle These are mostly unnecessary, except the adoption of a Two Year Budget. Some economy will be realized. - enough said. Amendment # 3 Require voter approval of any City transaction that forgives, etc. the collection of property (taxes) in excess of $100,000 per year, except acquisition of property for parks or infrastructure. Why do we elect representatives? I hope to carry out the business of the city. Why handcuff councilmembers from resources to address inadequate housing opportunities for its residents. The two properties brought in to provide middle income housing and encourage the possibility of living - working - playing in the same city. Why not provide an opportunity for people to live according to their means and aspire to owning a home in the same city? Wouldn't that provide economic advantage to the city in the long term? The # 1 responsibility for the city is to address the housing needs of its residents. You do that through zoning and developer incentives. This action is not forced on any council. Oppose Item # 31 B, C,. D, E, F, and H - this sweeping agenda item to dissolve and consolidate boards and commissions. Huntington Beach takes pride in its citizen participation and volunteerism. Boards and commissions provide support and oversight functions to the city by interested citizens willing to volunteer their time and expertise on particular subjects. Update exceptions to Sec. 612 (Measure C) to allow certain children's playground equipment, park-related utility structures and public restrooms be built or improved with limitation Please be careful to not encroach on precious open space. Update the procedures to cancel a regular City Council meeting 3 Another example of consolidation of power into the hands of one elected official. Please don't approve this. Oppose # 35 - Submitted by Mayor Pro Teem Van Der Mark - Resolution Declaring City to be a "No Mask and No Vaccine Mandate" City The County of Orange has the responsibility, and resources to issue public health safe guards. Viruses don't have any bounds. Please don't meddle in an arena of public health that the city has no expertise or resources to manage. Thank you for considering my comments. Pat Goodman 4 IS 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 alqtitiyist?a,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. 1 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: `1516,22,29,30,31,32,34, 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 Tem, 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. i Joclyn Rabbitt-Sire Resident of SE Huntington Beach 2 Moore, Tania From: Fikes, Cathy Sent: Tuesday, September 5,2023 9:41 AM To: Agenda Alerts Subject: FW: Please oppose agenda items 15, 16, 29, 30, 31, 32, 34, 35 From:Jessamyn Garner<jessamyngarner@gmail.com> Sent:Tuesday,September 5, 2023 9:33 AM To:supplementalcomm@surfcity-hb.org;CITY COUNCIL(INCL. CMO STAFF)<city.council@surfcity-hb.org> Subject: Please oppose agenda items 15, 16,29,30,31, 32,34, 35 Dear Huntington Beach City Council, I wish I could attend the meeting tonight,but unfortunately I was exposed to Covid over the weekend. I want to keep my neighbors safe so I plan to stay home. As a resident of Huntington Beach, I am appalled by many items on tonight's agenda. The policies and decisions that are being considered are hurtful to minorities in this community and they do not represent my values of inclusion and integrity. I urge you to oppose agenda items 16, 29, 30, 31, 32, 34, and 35. Specifically, as a member of the LGBTQ+ community, I reject the statement of Human Dignity that has been warped to include transphobic rhetoric that will directly impact my ability to live in this community. I know based on previous behavior and voting records from the council that this email and the hundreds of other comments you will receive in the next 18 hours will not likely change your minds. Just know that your constituents are paying attention to your actions and we will vote accordingly. Making it harder for us to vote and passing threatening policies will not deter us from showing up to the polls. On the contrary, it will galvanize us and we will show up in even greater numbers. We won't allow this city to continue to be led by hateful rhetoric and exclusionary policies. Jessamyn Garner (they/them) 1 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. F tern45 '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 i 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: Nancy Bramet <nevonwb@gmail.com> Sent: Tuesday, September 5, 2023 11:17 AM To: CITY COUNCIL(INCL.CMO STAFF); supplementalcomm@surfcity-hb.org Subject: Natalie Moser Hello Council, You are looking into censoring Natalie Moser for trying to ask a question to other council member, Gracey Van Der Mark. Council member Moser was in her full rights to ask this question at the meeting.. If you are going to put Gracey Van Der Mark(which you did) on a community that mentions this subject for the human rights concerning this subject, that is a fair question. I believe council needs to go back and look at the video of that night. Mrs.Van Der Mark interrupted Ms. Moser before she could finish her comment/question. Also Mr. Mayor you said the question was asked and answered. Check video, it was not. It was deflected with the help of other members of the council but it was not answered. So I would like to have Mrs.Van Der Mark answer the questions that Ms. Moser tried to ask. 1. Does Gracey Van Der Mark believe that the holocaust happened? 2. Do you have the same believes as the Proud Boys? These are very valid questions and Mrs.Van Der Mark, in the past you may have answered them to someone but I have never hear the answer and as a citizen of this city, I believe we have the right to know your answers to them. Also everyone that is going.to be on the community should answer these questions as well. I don't need or want an explanation just a yes or no will work. With that being said some of you appear to have your minds made up as soon as you walk into the room and whatever the citizens say seems to fall on deaf ears. You work for the citizens of Huntington Beach. That is the reason I ask the questions because it seems that your personal believes always come into your decisions on voting for issues etc. For this reason they are very important questions to ask. The censoring does come across that this is deflection of what is really going on in our council. As was the book ban. Get people hot over these issues and they don't have the energy to ask questions with you on the real issues. Lawsuits on the anti-housing...WHY? A special election is not needed for Charter Amendments it can wait until the next election to do this if still important.Why is it important to spend 1.2 Million for this? I heard some arguments from city attorney, not really great ones so need more information on this. Also information regarding the<Federal Government Affairs,why has the mayor choosen who he has? Not sure if whom he chose is good or bad,just want to know why he chose who he did? And if I have any of this incorrect.....then I have really made my point, I haven't been informed at council meetings. Just on a side note: I went to a city planning meeting a few weeks back. Council could learn from them. They listen to the public. Debated and asked questions that were relevant to what the public was saying. It didn't feel like they were stones up there. (I am not saying you all do this but many do). I don't understand also why you listen to the people, then vote without even considering what the people in the room have said. Is this so that we no longer attend to make our voices heard? Our time is valuable as well so be respectful of it and our collective voices. We have a council that has different viewpoints. That is fine, actually good but you need to debate, not take it personal. If you can't do that then this isn't the job for you. Regards, Mrs. Bramet 1 Moore, Tania From: Tamantha Bowman <tamanthajbowman@gmail.com> Sent: Tuesday, September 5, 2023 11:38 AM To: supplementalcomm@surfcity-hb.org;CITY COUNCIL(INCL. CMO STAFF) Subject: Hunting Beach City Council Agenda SEP 5, 2023 I'm writing this as a citizen homeowner of Huntington Beach and retired member of the armed forces that served 23 years. Tonight's agenda is outrageous and alarming.Trying to change a large group of Charter Amendments, rewrite the Statement of Human Dignity and censure Natalie Moser all in one night is egregious. As a member of the Armed Services I support Natalie Moser questioning Gracey Van Der Mark and her problematic history. Ms.Van Der Mark's denial of the Holocaust and her support of the Proud Boys is exactly what EVERY HB CITIZEN should be made aware of. Furthermore, her attacks on the LGBTQ+community are increasingly horrifying. Pride flag removals, book bans and gender identification mandates guised as Human Dignity are far right agenda items. As a whole,the newly elected members of our city council continue to lack inclusion and equality for all our citizens. By continuing to push and vote for non-inclusive agenda items the ideology is clear. According to transequalitv.org it's estimated there are over 134,000 American veterans that identify as transgender and 15,000 trans people are serving in the military today.www.transequalitv.org THEY have and did SIGN THE DOTTED LINE, reading all of the city council bios as far as I can tell NONE of you have. I joined in 1992 and earned 2 National Defense ribbons during my time served. I earned my first one by joining ranks fresh out of high school in (1992-1995)for the Gulf War and the second for serving during the Global War on Terrorism (2001-2022.) Orange County and Huntington Beach are home to many in the LGBTQ+community whether you want to see it or continue to deny it.We have LGBTQ+youth that deserve to feel included in their community.Your continued actions and voting to dismiss this part of our community continues to demonstrate your willingness to encourage hate and ignorance. According to an article in The Hill dated April 27th, 2023 1 in 4 high school students identifies as LGBTQ as stated by 2021 data by the CDC. No amount of book banning, or gender identification requirements will deter that factual trend. Who are we pandering to that a mask and vaccine ban are on the agenda? I work and live in Huntington Beach. I care about the health of our community.There is nothing"unnecessarily limiting freedoms of the citizens" by putting a mask on;especially if you are not vaccinated or boosted. Covid-19 cases are on the rise again in Orange County and I find it irresponsible to have a city leader encourage an anti-mask/anti-vaccine rhetoric. I DO support Natalie Moser I DO support our LGBTQ+community and bringing back the Pride Flag to our City Properties especially at the pier. I DO support E-bike/bike regulations I DO NOT support hiring a lobbyist, or dissolving the Human Relations Committee, or the HB Youth board. I DO NOT support book bans. I DO NOT support limiting any rights to vote or increased ID checks/monitoring of ballot boxes or intimidation of voters. I DO NOT support a special election to be held on March 5, 2024 and wasting 1.2 million dollars of our tax money. I DO NOT support a power grab by making abrupt charter changes. 1 NO to agenda items.4516, 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 CITYOF HB:IN DC?AR E YOU JUST TRYING TO MAKE�YOURSELVES KNOWN._ON A NATIONALSTAGE? 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. THIS WHATYOU WANT,BUTTHIS`>ISA BOOK BAN YOU HAVE NO'RIGHT TO'DICTATE WHAT THE.LIBRARIANS,WHO, ARETRAINED.IN LIBRARY.STUDIES,:SELECTFOR"'BOOKS' BOOKS ARE,ALREADY SELECTED`AND'PIACED IN AGE APPROPRIATE STACKS STOP USINrG THE EXCUSE OF"WANTING TO PROTECTTHE CHILDREN".IT;IS UP'.TO:PARENTS,TO DECIDE.WHAT BOOKS ARE,APPROPRIATE FOR-THEIR CHILD!CHILDREN TO'CHECK OUT RATING`BOOKS`IS ALSO INAPP.RORIATE.WHH WOULD BEDOING'THE RATING?IF YOIJ DON'T WANT YOUR CHILDTO READ ABOUTTWO'MALE PENGUINS RAISING A CHICK,THEN DON'.T LETTHEM CHECK IT OUT:BOOKS ARE A_WINDOW INTO OUR:WORLD BOOKS ..-.ir.... ....._.�. n:,. ._ :�.. �._.�.,.. m.--.... 1 -..-..._.,.. _..... ...-.-.T. _._� .-•- .�..,.�.,..1.-.. -�..,..._1�.Y- ..4 R..- ,;a.e. ....^ .V.-�....,P.-�-�.. ARE.'KNOWLEDGE;BOOKSARE AN ESCAPE BOOKS,ARE A PLACE TOLEARN°ABOUT OUR:BODIES,CULTURES,THEWORLD AROUND US: IF YOU ARE:SCARED,BY OUR PROGRESSING WORLD,THEN.DON'T-LETYOUR CHILDREN;READ THOSE BOOKS.1 GUESS I SHOULD THANK,YOU.THOUGH,MYiDAUGHTERSYDNEY SPOKEATTHE.JUNE:MEETING AND ENDED GOING VIRAL FOR HER WELLTHOUGHT.OUT,ELECIUENT,AND VERY.INFORMATIVE SPEECH THAT SHE.DELIVERED TO' YOU HER COLLEGE EDUCATIONElPAYING OFF YOU'ARE ON THE WRONG SIDE:O;F 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:MONEYTHAT YOU ARE COSTING.US;HB TAXPAYERS, IS:UNBELIEVABLE;! NOTHING.LIKE PLAYINGWITH, OTHER PEOPLE'S MONEY,`RIGHT?AGAIN, I THINKTHATTHESE LAWSUITS'AND PAYOUTS'AREYJUSTAWAYTO TRY_ AND MAKE. NAME FORYOURSELVES,AND MICHAEL GATES WESEE 1T 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 THATW.ILL COST us TAXPAYERS UPWARDS OF$12 MILLION_DOLL ARS IS THAT t HOW 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 COMM1510N5 ALLOWFOR HB CITIZENS TO BE ACTIVE PARTICIPANTS.IN OUR,LOCAL GOVERNEMENT IT IS':A POWER.GRAB THAT YOU`ARE DISSOLVING THESE COMMISSIONS SO THATYOU DO NOT ilAVE TO HEAR FROM:VOICE§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 iTHE HUMAN RELATIONS COMMITTEE IS ABSOLUTELY DISGUSTINGI,HB HAS_ATERRIBLE REPUTATION NOT ONLY LOCALLY,STATEWIDE, BUT AI.SO NATIONALLY "DO YOU REALLY THINK THIS.A GOOD THING FORA CITY THAT BOASTS OF BEINGATOURIST DESTINATION?WELL, I GUESS DEPENDS ON THE TYPE OF TOURISTYOU ARE SEEKING THE SORTTHAT WOULD ATTEND JANUARY 6T", RIGHT?I THINK YOU SHOULD GO BACK AND LOOK ATTHE STATISTICS FOR HOW MU_C_H DISPOSABLE lNCOMETHE LGBTQ+COMMUNIT_Y HASTO SPEND ON TRAVEL I CAN ASSURE - YOUTHAT 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 _.._ . ... LE ARE YOU.DISS011/INGrTHlSBOARD ATTH CtU E REESTOFTHE MOBILE HOME PARK OWNERS BECAUSE THIS CERTAINLY IS .-., ...... ......, _ �... .. ._... _ T .. � NOT,IN THE,BEST INTERESTS OFTHE MOBILE f OME PARK RESIDENTS MANY OF WHOIVIJ"HAVE BEEN A7(ENDING THESE CITY COUNCILS.MEETING`FOR MONTHS URGING, NO:BEGGIN,YOU NOT TO DISSOLVE THE.GROUP THEY NEED OUR HELP 1 P,..,x BUT INSTEAD YOU"ARE SILENCING THEM` TO VOTE AGAIN M STSOE OF OUR M,aOST-VULNERABLE RESIDENTS IS BEYND.O -- —-__ ___.._-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 ASHEALTHY HB ENVIRENOIVIENT,NOT ONLY WILL OUR QUALITYiOF LIFEDIMINISH,BUT SO WILL THE TOU,RSTI DOLLARSTHAT YOU ARE SO DESPERATE:kik AND WHY WOULD YOU WANT TO HAVE RESIDENTS HAVING AN ACTIVE' ROLE: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 ANDSILENCING 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 ANDSILENCING 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 PRO.PSOSED 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 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 THIS71 AS`A PARENT AND ALLY TO THE LGBTQ+ COMMUNITY I AM ENRAGED BY.YOUR WORDS IF YOU MOVE FORWARD WITH:THEyPROPSED LANGUAGE, MY.FAMILY AND.OUR COMMUNITY WILL DO EVERYTHING IN OUR.POWER T O FIGHT YOUON THIS, REPORT YOU FOR CREATING.A HOSTILE AND HOMOPHOBIC AND TRANSPHOBICCITY; AND,TO HAVE YOU REMOVED, EITHER BY Af RECALL OR WHEN YOU ARELL OF 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'DP:HER FIRST AMMENDMENTTRRIGHTS TO FREE SPEECH BY SITTING`ON THE DAIS,THIS IS APOLITICAL MOVE TO:PROTECT GRACEY VAN DER;MARK ,ANYONE THAT HAS-PAID ANY ATTENTION TO. HER AND HER RECORD, KNOWS THAT SHEHAS AN EXPREEMLY PROBLEMATIC WITH ASSOCIATING WITH UNDESIREABLES,ISA HOLACAUST DENIER,AND SHOULD ABSOLUTELY NOT BE ON THE HUMAN RIGHT$COMMISSION ---- ---- --- - 1UST.LOOk WHATTHATCOMMISSIONIS PROPOPSING IS PROPOSING IN AGENDA ITEM 32 A COUNCILWOMAN NATALIE MOSER HAS A RIGHTTO SPEAK UP REGARDING HER'S AND-OUR RESERVATIONS AND DEEP CONCERNS,ABOUT GRACEY BEING ON THAT COMMISSION WHEN THE ANTI DEFAMATION LEAGURE WEIGHS IN AGAINSTSOMEONE,THAT IS VERY TELLING-A-46 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 Marks remarks and associations. ",There is ample evidence she has made bigoted and hateful comments and that she has participated m`activities or'gam7ed and;led by white supremacists,"Levi wrote "These words and actions tall into question her ability to serve as an appointed leader in the Huntington Beach communit3�."The`orgam�ation noted.the Weekly`s reporting and described Van Der Mark's colored people":comments aboutTews as"classic anti Semitic trope":in stating,shehould be removed from her commission ost And it's not dust antisemitism: The.ADL also noted Van Der Mark belonged_to a Three,Percenters Facebook groupand made Islamophobic comments on the social media site suggesting that the U.S. Department of Education is funding sharia indoctrination school _Did in public s we mention that Van per Mark also serves on the Ocean View School District Measure R Citizens:Oversight Committee in Huntington,Beach7 Maybe she's making sure taxpayer funds don't go towardsconstruction mosques on school-grounds_or something " 4 https://orangecountv.adl orq/news/anti-defamation-league-loins-call-for-hb-finance-commissioners- removal/ 35.23-738 Submitted by Mayor Pro Tern Van Der Mark- Resolution Declaring City to be a "No Mask and No Vaccine Mandate" City The City ban broad (universal) mask and vaccine mandates; City Manager to return to Council with a Resolution at the next regular meeting declaring the City to be a "no mask and no vaccine mandate City" as a response to COVID-19 or any variants. Individuals,whether at City Hall or in the private sector, should have a right to choose whether to wear a mask or get vaccinated or boosted. r._-. .. THS A GAFO RH 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;OFYLIBERTYTHAT SHE IS TOWING:THEIR NATQNAL.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 •