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HomeMy WebLinkAboutSpecial Meeting - City Council Discussion of Potential Chart \tiTiNcr ` 2000 Main Street, Huntington Beach,CA o,P,,,;.. eF 92648 Cityof Huntington Beach QY g DISCUSSION ONLY .COUNTY CP File #: 23-807 MEETING DATE: 9/21/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Al Zelinka, City Manager VIA: Al Zelinka, City Manager PREPARED BY: Catherine Jun, Deputy City Manager Subject: City Council discussion of potential Charter amendments proposed by the Charter Ad Hoc Committee and staff; opportunities to propose and discuss additional amendments to be considered for the March 5, 2024 Statewide Primary Election Statement of Issue: NOTE: A PDF version of this report is attached, in the event that the tables and images do not display properly on the reader's screen. On September 5, 2023, City Council authorized four Special Meetings scheduled on September 14, 21, 28 and October 5 to gather public feedback and consider potential Charter amendments. During the first meeting, City Council received public feedback and also requested impact analyses for potential amendments, including those proposed by the Ad Hoc Committee and staff, which are outlined in this report. Financial Impact: On September 5, 2023, staff provided initial estimates to place the three initially proposed ballot measures on the March 2024 Primary Election. After conducting additional research and conferring in depth with the Orange County Registrar of Voters (ROV), the staff is providing a closer estimate as follows: Projected Cost Range Includes Consolidated Election $318,928 $383,128 Cost of the consolidated electi mail ballot returns, cost recovi new election equipment 3 Ballot Measures(as $51,000 $76,500 Based on the number of pages previously discussed on 9/5/23) measure at$8,500 per 2 pages range on the left is based on 4 Total $369,928 $459,628 Recommended Action: A) Discuss potential Charter amendments proposed by the Ad Hoc Committee and City staff; propose and discuss additional amendment as needed; and City of Huntington Beach Page 1 of 17 Printed on 9/20/2023 powered'LegistarT"" File #: 23-807 MEETING DATE: 9/21/2023 B) Receive and file this report. Alternative Action(s): Do not approve one or more recommended action; direct staff accordingly. Analysis: During the first Special Meeting on September 14, City Council requested impact analyses for potential amendments proposed by the Ad Hoc Committee, which are outlined in the order they appear in the Charter: Section 300. Recommended by the Ad Hoc Committee on 8/1/23 Section 300. CITY COUNCIL,ATTORNEY, CLERK AND TREASURER.TERMS. The elective officers of the City shall consist of a City Council of seven members,a City Clerk, a City Treasurer and a City Attorney,all to be elected from the City at large at the times and in the manner provided in this Charter and who shall serve for terms of four years and until their respective successors qualify, unless otherwise provided in this Charter. Subject to the provisions of this Charter,the members of the City Council in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and until their successors are elected and qualified. Four members of the City Council shall be elected at the general municipal election held in 1966,and each fourth year thereafter. Three members of the City Council shall be elected at the general municipal election held in 1968,and each fourth year thereafter.No person shall be elected as a member of the City Council for more than two consecutive terms and no person who has been a member for more than two years of a term to which some other person was elected a member shall be elected to the City Council more than one further consecutive term. Subject to the provisions of this Charter,the City Clerk, City Treasurer and City Attorney in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and the qualification of their successors, A City Clerk and City Treasurer shall be elected for a term of six year at the general municipal election held in 2024.a-1-968Tand-aaah-fouaah-year-thereafteka A City Attorney,a City Clerk, and a City Treasurer shall be elected in 2030 49663 and each fourth year thereafter. The term of each member of the City Council,the City Clerk, the City Treasurer and the City Attorney shall commence on the fiast-Moneay date of the first regular City Council meeting following the certification of the election.Ties in voting among candidates for office shall be settled by the casting of lots. If no candidate meets the qualifications for office of the City Clerk,City Treasurer, or City Attorney,the City Council shall fill that position by appointment until the next municipal general election in which a qualified candidate is elected. Preliminary Operational Analysis: Per Charter Section 300, four Council Members and the City Attorney are elected at large in the midterm or gubernatorial election cycle, once every four years during even years, including 2022, 2026 and so forth. Similarly, the remaining 3 Council Members, City Clerk, and City Treasurer are elected at large in the City of Huntington Beach Page 2 of 17 Printed on 9/20/2023 powered*LegistarTm File #: 23-807 MEETING DATE: 9/21/2023 Presidential election cycle once every four years in alternating even years that include 2024, 2028, etc. The proposed Amendment would move the City Clerk and City Treasurer elections from the Presidential to the gubernatorial cycle beginning in 2030, increasing the total number of elected positions on that cycle from 5 to 7 total. The Presidential election cycle would then only have 3 elected positions on the ballot. The overall effect of the amendment is outlined in the table below. However, the impacts are inconclusive at this time. Election Year Current Charter Proposed Amendment 2020 (Presidential Cycle) 5 elective offices on the ballot for: City Council(3), City Clerk, City Treasurer 2022 (Gubernatorial Cycle) 5 elective offices on the ballot for: City Council(4) City Attorney(1) 2024 (Presidential Cycle) 5 elective offices on the ballot for: City Council (3), City Clerk* and City Treasurer* *These positions would be elected to a 6-year term for this cycle only and would permanently revert to a 4- year term in 2030. 2026 (Gubernatorial Cycle) City Council(4) City Attorney 2028 and every 4th year City Council(3) thereafter (Presidential Cycle) 2030 and every 4th year City Council(4) City Clerk City Treasurer City thereafter (Gubernatorial Attorney Cycle) The final proposed amendment in Section 300 would adjust the commencement date of a new Council Member's term from the first Monday to the first Council Meeting following certification of election. This is partly an administrative change, as the City Council has moved its meetings from Mondays to Tuesdays. Furthermore, since the first Monday could arguably occur before certification, the amendment would assure that the election results are certified first. Preliminary Fiscal Analysis: There are no known significant fiscal impacts at this time. Section 303(a). Recommended by the Ad Hoc Committee on 8/1/23 City of Huntington Beach Page 3 of 17 Printed on 9/20/2023 powered2 'LegistarT"' File #: 23-807 MEETING DATE: 9/21/2023 Section 303, MEETINGS AND LOCATION. (a) Regular Meetings.The City Council shall hold regular meetings at least twice each month, unless it lacks a quorum or the meeting is canceled by the Mayor or a majority of City Council Members,at such time as it shall fix by ordinance or resolution and may adjourn or re-adjourn any regular meeting to a date and hour certain which shall be specified in the order of adjournment and when so adjourned each adjourned meeting shall be a regular meeting for all purposes. If the hour to which a meeting is adjourned is not stated in the order of adjournment, such meeting shall be held at the hour for holding regular meetings. If at any time any regular meeting falls on a holiday such regular meeting shall be held on the next business day. Preliminary Operational Analysis: Per the Charter, City Council must hold meetings at least twice per month. However, meetings cannot be held without a quorum, as governed by the California Brown Act. The amendment references this quorum to clarify this exception to the two-meeting rule. The amendment also permits the Mayor or majority of Council Members to cancel meetings. As part of this amendment, the City Council could consider outlining the circumstances or limiting the number of cancelations per year in an ordinance, resolution, or the Council Manual for greater clarity. Preliminary Fiscal Analysis: There are no known fiscal impacts associated with this amendment. Section 304(b). Recommended by the Ad Hoc Committee on 8/1/23 (b) Proceedings. The City Council shall judge the qualification of its members as set forth by the Charter. It shall judge all election returns. Each member of the City Council shall 7 r before it. Subpoenas shall be issued in the name o#-the City and be attested by the Lity t_:1,ertc. Pr:EihmirsM160 t gAgi rfgl ''t d with in the same manner as subpoenas in civil actions. POii aii ttat b EABLIRTAkftrditgdeffielgasW16146( bR 'F3 $f Bi i18 gfiglattorney-client role(s) beitMatiOekilliii0114:1111VEKAIORNMPrakichriligsbil 111454kitigi4giiMPilSWIFSivalliat defines the attorney- Charter are punishable. Preliminary Fiscal Analysis: There are no known fiscal impacts. Section 309. Recommended by Council Member McKeon on 8/1/23 City of Huntington Beach Page 4 of 17 Printed on 9/20/2023 powered*LegistarTM File #: 23-807 MEETING DATE: 9/21/2023 Section 309.CITY ATTORNEY.POWERS AND DUTIES. To become and remain eligible for City Attorney the person elected or appointed shall have graduated from a law school accredited by the American Bar Association,be an attorney at law,duly licensed as such under the laws of the State of California,shall have been engaged in the practice of law in this State for at least five years prior to their election or appointment. The City Attorney represents the City of Huntington Beach,a Chartered City under the Constitution of the State of California and a Municipal Corporation; The elected City Attorney is by virtue of the election,_desianated by the people as the City's exclusive legal counsel.The City Attornev_may hire,contract and/or appoint outside contract attorneys and/or such in-house deputy or duties to assist or act for the City Attorney, at such salaries or compensation as the City Council may by ordinance or resolution prescribe; provided that the employ of attorneys to assist the City Attorney in the execution of his or her duties is the exclusive purview of the City Attorney.Neither the City Council,the City Manager, nor any other City Official or department may hire their own attorneys,consult with, attempt to contract with attorneys for services, or obtain other/outside legal opinions,without the prior express written consent of the City Attornev. Because of the unique nature of the City ttorney's work at the pleasure of the electorate, and in order to protect the City Attorney's work from pol Weal interference,neither the compensation of the City Attorney nor the City Attorney's annual budget or apy_us ect thereof shall be reduced by the City Council from year to year unless approved by a four-fifths majority of the total members of the City Council but in no event shall any such reduction exceed 3%in a year and from the previous year. The City Attorney shall have the power and may be required to: (a) Represent and advise the City Council and all City officers in all matters of law pertaining to their offices. (b) Prosecute on behalf of the people any or all criminal cases arising from violation of the provisions of this Charter or of City ordinances and such state misdemeanors as the City has the power to prosecute, unless otherwise provided by the City Council. (c) Represent and appear for the City hi any or all actions or proceedings in which the City is concerned or is a party,and represent and appear for any City officer or employee,or City of Huntington Beach Page 5 of 17 Printed on 9/20/2023 powereay LegistarT" File #: 23-807 MEETING DATE: 9/21/2023 former City officer or employee,in any or all civil actions or proceedings in which such officer or employee is concerned or is a party for any act arising out of their employment or by reason of their official capacity. (ci) Attend all regular meetings of the City Council,unless excused,and give their advice or opinion orally or in writing whenever requested to do so by the City Council or by any of the boards or officers of the City. (e) Approve in writing the form of all contracts made by and all bonds and insurance given to the City. (f) Prepare any and all proposed ordinances and City Council resolutions and amendments thereto. (g) Devote such time to the duties of their office and at such place as may be specified by the City Council. (h) Perform such legal functions and duties incident to the execution of the foregoing powers as may be necessary. (i) Surrender to their successor all books, papers, files,and documents pertaining to the City's affairs. (j) Assist and cooperate with the City Manager consistent with Section 403 of the City Charter. (k) Provide advice related to compliance with the City Charter to all elected and appointed officials of the City. (1) Keep,maintain,and protect all City confidential attorney-client privileged,and attorney work product privileged information. Such confidential information shall not be accessible to any other City Official, City Staff, or third party,unless the City Attorney_ authorizes such access or the City Council votes to authorize such access by majority vote. (m) Additions to Section 309 of this Charter, if approved by the voters at the March 5 2024 election,shall take effect on January 1.2027. Preliminary Operational Analysis: Per Council discussion held on 8/1/23, the intent of this Amendment is to prevent retaliation by a Council majority upon any of the 3 elected Charter officers and his/her compensation or department budget. The City's financial projections show that the City will run into a General Fund deficit starting next fiscal year (i.e., 2024-2025). To balance the budget based on projections, the City has asked each department to proactively reduce their expenditures by an average of 2-10%. However, the proposed amendment regarding the City Attorney's compensation and Office's budget establishes a hard floor that limits downward adjustments without a four-fifths (6 out of 7) Council votes. In the event the budget can be reduced, the maximum reduction would be up to 3%. Per the City Attorney, the remaining changes would clarify the City Attorney's powers and duties consistent City of Huntington Beach Page 6 of 17 Printed on 9/20/2023 powered3'LegistarTM' File #: 23-807 MEETING DATE: 9/21/2023 with State law and require all privileged communications remain inaccessible by any City official or third party without City Attorney or City Council approval. Lastly, the Amendments to Section 309 would not take effect until January 1, 2027. The City Attorney's Office states that this effective date is not required by law; rather it is to avoid a potential legal challenge by anyone who may believe that the changes are to benefit the current City Attorney. Preliminary Fiscal Analysis: In all, the fiscal impact cannot be determined at this time. However, establishing a hard floor in the CAO budget or the City Attorney's compensation may require City management to find cost savings in other departments or reduce services. Section 310. Recommended by the Ad Hoc Committee on 8/1/23 Section 310. CITY CLERK.POWERS AND DUTIES. To become and remain eligible for City Clerk, the person elected or appointed shall have a Bachelor's Degree ' , and hold a certification as a Municipal Clerk or obtain such certification within the first three years in office.The City Clerk shall have the power and shall be required to: Preliminary Operational Analysis: The elected City Clerk position in Huntington Beach serves as a department head and the City's elections official. The Clerk operates a department that includes records/archive management, election services,passport services, claims administration, agenda management,public records request management, and FPPC filings. The position also manages a staff of 5 full-time staff and 4 part-time staff. There are also 11 California charter cities with elected city clerks-whether serving a ceremonial role or as a department head. Staff reviewed their educational requirements(if any)as listed in their individual charters, municipal codes,job descriptions or websites. Out of the 11 charter cities(not including Huntington Beach),the education requirements for the Clerk position are as follows: • One city(Redondo Beach)included educational requirements directly in the charter;four other cities had educational requirements listed on their municipal code or websites. Six additional cities did not have any educational requirements, and the remaining two cities are unknown at this time. • Existing educational requirements ranged by City: o "Four-year college degree in finance or business related field"(Carlsbad,Municipal Code) o "Some college work in public administration and/or business administration. (Glendale,website) o "At least 15 units completed at a collegiate institution in the accounting field, either in residence or in extension, or in a recognized private school of equal educational standards."(Redondo Beach, Charter) o "Combination of education and experiencing equivalent to completion of an Associate of Arts Degree in Public Administration,Business Administration, or related field."(Santa Clara, Santa Maria,website requirement) For additional context,Orange County cities(including both charter and general law cities and mostly appointed Clerks)have educational requirements,whether the Clerk is elected or appointed. 23 out of 31 Orange County cities that provided staff with information on the job requirements reference a Bachelor's or four year equivalent in Business Administration,Public Administration,Public Policy or Records Management. 25 out of 31 cities include the phrase"or related field". (Three Orange County cities did not provide information about their job requirements.) City of Huntington Beach Page 7 of 17 Printed on 9/20/2023 powered Legistar" File #: 23-807 MEETING DATE: 9/21/2023 Preliminary Fiscal Analysis: There are no known fiscal impacts associated with this amendment. Section 314(NEW). Recommended by Council Member McKeon on 8/1/23 Section 314. INVESTIGATION OF MALFEASEANCE To avoid potential conflicts of interest and political interference\any allegation of malfeasance,wrongdoing or misconduct against an elected official of the City,shall not be investigated by the City,any other City Official, or member of City Staff. Rather,such allegations shall be referred to the Orange County District Attorney,the California Attorney General,the Fair Political Practices Commission,or other appropriate higher level government agency. Preliminary Operational Analysis: Today, if the City receives such an allegation against an elected official,the Human Resources Department may hire a third-party investigator to conduct an investigation. However,this amendment would require the City to refer the allegation to a higher-level government agency such as the Orange County District Attorney. The complainant has the recourse of suing the elected official and/or the City. Preliminary Fiscal Analysis: There is a degree of liability,risk of lawsuits, cost of attorney fees, and/or settlements that would yield a yet to be determined fiscal impact. Section 401(b) & Sections 601-605. Recommended by the Ad Hoc Committee on 8/1/23 Section 401. POWERS AND DUTIES. Except as otherwise provided in this Charter,the City Manager shall be responsible to the City Council for the proper administration of all affairs of the City. Without limiting this general grant of powers and responsibilities, the City Manager shall have the power and be required to: (a) Appoint,promote, demote, suspend or remove department heads,officers and employees of the City except elective officers and the Chief of Police. The Chief of Police shall not be appointed or removed until the City Manager shall first have reviewed such appointment or removal with the City Council and have received approval for such appointment or removal by a majority vote of the full City Council, (b) Prepare the budget as required by this Charter annually,submit it to the City Council, and be responsible for its administration upon adoption. City of Huntington Beach Page 8 of 17 Printed on 9/20/2023 powered3*LegistarM File #: 23-807 MEETING DATE: 9/21/2023 Section 601, BIENNIAL ANNIJAI BUDGET,PREPARATION BY THE CITY MANAGER. At such date as the City Manager shall determine,each board or commission and each department head shall furnish to the City Manager,personally,or through the Pi a e ,r• Chief Financial Officer, estimates of the department's,board's or commission's revenue and expenditures for the ensuing two fiscal years,detailed in such manner as may be prescribed by the City Manager. In preparing the proposed budget,the City Manager shall review the estimates,hold conferences thereon with the respective department heads, boards or commissions as necessary,and may revise the estimates as may be deemed advisable. Section 602. BIENNIAL ANNUAL BUDGET.SUBMISSION TO THE CITY COUNCIL. The City Manager shall submit the proposed budget to the City Council at least thirty days prior to the beginning of each even numbered fiscal year beginning in 2026. After reviewing the proposed budget and making such revisions as it may deem advisable,the City Council shall hold a public hearing thereon at least fifteen days prior to the beginning of each every numbered fiscal year and shall cause to be published a notice thereof not less than ten days prior to said hearing. Copies ot'the proposed budget shall be available for inspection by the public in the office of the City Clerk at least ten days prior to said hearing. Section 603.B11Th 1 1L ANNUAL BUDGET. PUBLIC HEARING. At the time so advertised or at any time to which such public hearing shall from time to time be adjourned,the City Council shall hold a public hearing on the proposed budget,at which interested persons desiring to be heard shall be given such opportunity. Section 604. BIENNIAL ANNUAL BUDGET. FURTHER CONSIDERATION AND ADOPTION. At the conclusion of the public hearing the City Council shall further consider the proposed budget and make any revisions thereof that it may deem advisable and on or before the last day of the fiscal year it.shall adopt the budget with revisions, if any, by the affirmative Vote of at least a majority of the total members of the Council. Upon final adoption,the budget shall be in effect for the ensuing two fiscal years. Copies thereof,certified by the City Clerk,shall be filed with the City Manager,PiRance-Direetor Chief Financial Officer, City Treasurer and the person retained by the City Council to perform the post audit function, and a further copy shall be placed, and shall remain on tile in the Office of the City Clerk where it shall be available for City of Huntington Beach Page 9 of 17 Printed on 9/20/2023 powered LegistarTm File #: 23-807 MEETING DATE: 9/21/2023 public inspection. The budget so certified shall be reproduced and copies made available for the use of the public and of departments,offices and agencies of the City. Section 605. BIENNIAL ANNUAL BUDGET APPROPRIATIONS. From the effective date of the budget,the several amounts stated therein as proposed expenditures shall be and become appropriated to the several departments, offices and agencies for the respective objects and purposes therein named;provided, however,that the City Manager may transfer funds from one object or purpose to another within the same department,office or agency.All appropriations shall lapse at the end of the second fiscal year to the extent that they shall not have been expended or lawfully encumbered. At any public meeting after the adoption of the budget,the City Council may amend or supplement the budget by motion adopted by the affirmative vote of at least a majority of the total members of the City Council, Preliminary Operational Analysis: The amendments would transition the City from an annual to a biennial budget, starting in Fiscal Years 2026-2028. There is precedence for two-year budgets in Orange County;half of the 10 largest cities in Orange County(not including Huntington Beach)utilize biennial budgets. There are also known advantages and disadvantages of a biennial budget. Advantages may include reduced staff time from undertaking an intensive six-month budgeting process every year.It also encourages the City to plan strategically and longer term,particularly for larger projects and initiatives. Disadvantages may include longer range forecasting of revenues and expenditures further into the future; and more extensive budget amendments or mid-cycle reviews and adjustments that may potentially eliminate time savings in year 2. The Chief Financial Officer is supportive of a biennial budget. However,there will be operational impacts from implementing process changes that require updates to budget forms and document pages to account for the second year;updates to the accounting software; staff training; a new format for the mid-cycle update and adjustments; and criteria and process to carryover funds between years 1 and 2. The Finance Department would likely need to begin after the approval of this Amendment in order to kick off the budget planning season starting Fall 2025,while simultaneously developing the remaining annual budgets for FY 2024-25 and FY 2025-26. Lastly,the amendment proposes one administrative change to retitle the Finance Director to Chief Financial Officer, which is the title used commonly today and matched with the City's organizational chart. Preliminary Fiscal Analysis: The primary fiscal impacts will be the hours of staff time required to implement the process changes across all 12 City departments,conduct public engagement on this major change, and potential costs to make changes to the City's accounting software. The required staff hours will not be known until a plan is identified to transition the budget. City of Huntington Beach Page 10 of 17 Printed on 9/20/2023 powered:*LegistarTm File #: 23-807 MEETING DATE: 9/21/2023 Section 612. Section 612. PUBLIC UTILITIES AND PARKS AND BEACHES. (a) No public utility or park or beach or portion thereof now or hereafter owned or operated by the City shall be sold,leased,exchanged or otherwise transferred or disposed of unless authorized by the affirmative votes of at least a majority of the total membership of the City Council and by the affirmative vote of at least a majority of the electors voting on such proposition at a general or special election at which such proposition is submitted. (b) No golf course, driving range, road,building over three thousand square feet in floor area nor structure costing more than$161,000.00 may be built on or in any park or beach or portion thereof now or hereafter owned or operated by the City unless authorized by the affirmative votes of at Least a majority of the total membership of the City Council and by the affirmative vote of at least a majority of the electors voting on such proposition at a general or special election at which such proposition is submitted after the appropriate environmental assessment,conceptual cost estimate,and reasonable project description has been completed and widely disseminated to the public. Effective January 1,2011,and each year thereafter,the maximum cost will be adjusted by the Consumer Price Index for the Los Angeles-Riverside- Orange County area. (c) Section 612(a) and 612(b)shall not apply; (1) to libraries or piers; (2) to any lease,franchise, concession agreement or other contract where; - the contract is to perform an act or provide a service in a public park or beach AND - such act was being performed or service provided at the same location prior to January 1, 1989 AND - the proposed lease, franchise,concession agreement or other contract would not increase the amount of parkland or beach dedicated to or used by the party performing such act or providing such service. (3) to aboveground public works utility structures or public restrooms under 6,000, 3,000 square feet; City of Huntington Beach Page 11 of 17 Printed on 9/20/2023 powereciaalt LegistarTm File #: 23-807 MEETING DATE: 9/21/2023 (4) to underground public works utility structures if park or beach use is not impeded; (5) to any public works construction, maintenance or repair mandated by state or federal law that does not negatively impact recreational opportunities; et (6) to renewable energy projects that do not negatively impact recreational opportunities:: or (7) to new children's playground facilities or equipment in any park; or to replacement children's playground facilities or equipment in any park or beach, provided that the square footage of such replacement children's playground facilities or equipment is not increased by more than 1 00% during any ten year period. (d) If any section,subsection,part, subpart,paragraph, clause or phrase of this amendment,or any amendment or revision of this amendment, is for any reason held to be invalid or unconstitutional,the remaining sections,subsections,parts,subparts,paragraphs, clauses or phrases shall not be affected but shall remain in full force and effect. Recommended by the Ad Hoc Committee on 8/1/23: Preliminary Operational Analysis: Section 612,also known as Measure C,was a voter initiative that was approved by voters during the November 1990 General Election and was incorporated into the Charter thereafter. Measure C requires majority voter approval on matters involving the following,with some exemptions: o Sale, lease,transfer or exchange of park and beach lands in Huntington Beach o Construction of certain private and public developments on these lands This proposed amendment would add to the list of current exemptions: public restrooms under a certain size,above ground public works utility structures under a certain size,new playground facilities or equipment in parks; and replacement playground facilities or equipment under certain sizes. These amendments would permit staff to provide these amenities without the added cost of a ballot measure,which would facilitate the process and deliver them to the public at an accelerated rate. Preliminary Fiscal Analysis: Currently,Measure C requires the City to produce a"shovel ready project"by completing a conceptual design, all design documents, construction documents, and pertinent environmental studies,prior to placing a park or beach project on a ballot measure. The cost of each component may vary significantly(upwards of a million dollars)and often take on a percentage of the final total project cost. For the purposes of a general fiscal analysis,the average cost,per acre,of each phase of the project is listed below,and includes additional data for an anticipated 6% increase in costs in 2024: Project Phase Average Per Acre Cost Average Per Acre Cost 6% (2023) Escalation(2024) Conceptual Design $5,340 5,661 Design Cost $13,949 $14,786 Construction Documents $44,463 $47,131 City of Huntington Beach Page 12 of 17 Printed on 9/20/2023 powereca*Legistarrm File #: 23-807 MEETING DATE: 9/21/2023 Construction $508,390 $538,893 This estimate does not include any costs to place the project on a ballot measure,which is an added cost. Playgrounds average$110 per square foot in 2023, and$117 per square foot in 2024,with the anticipated 6% escalation in costs. Recommendations from City staff Based on staff experience working on public projects within the guidelines of Measure C, a few recommendations are listed for consideration: • Amend Section 612(a) to: 1) remove the dollar threshold ($161,000 adjusted for CPI) that triggers Measure C, as most projects exceed that value today or 2) no longer require the environmental assessment, conceptual cost estimate and construction documents to be completed prior to a Measure C vote; these items will still be prepared and presented to the public and City Council for a thorough review. Project construction would be contingent only after obtaining approvals for all items. • Amend Section 612(a) to clearly define "structure" and its minimum square footage, as it is not defined in the Charter. Determine if structure also includes flatwork such as pickleball and other sports courts. This would clear up ambiguity about which projects qualify under Measure C. • Amend Section 612(c) to add public restrooms as an exempted project; remove any square foot thresholds, as many projects such as restrooms and public works utilities exceed 3,000 square feet. Section 618(NEW). Recommended by Council Member McKeon on 8/1/23 SECTION 618.VOTER APPROVAL REQUIRED FOR MATTERS AFFECTING THE COLLECTION OF PROPERTY TAX. No transaction that forgives,waives or foregoes the collection of property tax by the City in excess of$100,000.00 per year shall be approved,unless authorized by the affirmative votes of at least a majority of the total membership of the City Council and by the affirmative vote of at least a majority of the electors voting on such proposition at a general or special election at which such proposition is submitted.This section shall not apply to transactions related to the acquisition of property for public parks: or to transactions related to the acquisition of property for infrastructure, as defined in Section 617(a)of this Charter. Preliminary Operational Analysis: The amendment will require City Council and voter approval in order to engage in investment transactions between the City and a property owner that may yield over$100,000 in property tax exemptions. As a matter of background, when the City purchases property, it becomes property tax exempt so long as it is used for public purposes; as such, the amendment carves out exemptions for transactions in which the City acquires property for public parks or infrastructure, as defined in section 617(a)(see below). This would limit the amendment's applicability on City operations,as it relates to these matters. City of Huntington Beach Page 13 of 17 Printed on 9/20/2023 powered Legistar'' File #: 23-807 MEETING DATE: 9/21/2023 Section 617(a): The term "Infrastructure"shall mean long-lived capital assets that normally are stationary in nature and normally can be preserved for significantly greater number of years. They include storm drains, storm water pump stations, alleys, streets, highways, curbs and gutters, sidewalks, bridges, street trees, landscaped medians,parks, beach facilities,playgrounds, traffic signals, streetlights, block walls along arterial highways, and all public buildings and public ways. Staff noted that the definition above does not include water infrastructure(i.e.water lines,reservoirs, etc.). In addition,the phrase"beach facilities"could be generalized to include all"recreational facilities"which are also viewed as infrastructure. Other considerations not covered in the exemptions may include the acquisition of buildings not used for public purposes. An example may be to acquire a commercial property that is leased out to businesses that would pay possessory interest taxes,but not property taxes; as such, staff is uncertain if the amendment would apply to these types of transactions.Another possible exemption for consideration would be transactions implementing the Zoning and Subdivision Code, as such transactions do not involve a direct City financial subsidy or investment.An example would be Zoning and Subdivision Code Section 230.26 commonly referred to as the Inclusionary Housing Ordinance under which developers of residential projects must satisfy affordable housing requirements. Should a developer choose to create affordable housing units to satisfy this requirement,the City Council should be authorized to approve implementing agreements between the City and the developer as approved by the City Attorney's office. Preliminary Fiscal Analysis- The current property tax rate is 1.09391% of an assessed property value. For every dollar of property taxes remitted to the County Assessor's Office, 16%is distributed to the City. Given this formula, only properties with an assessed value of equal to or higher than approximately$57 million in the City's General Fund tax rate area(TRA)would yield property taxes of$100,000 or greater directly for the City of Huntington Beach. Based on our most current tax information, only 24 properties(residential, commercial, and industrial)fall in this category. These would be among the known properties that could trigger the amendment, if the owner and the City propose to enter into a transaction that results in excess of$100,000 in property tax exemptions. However, it should be noted that the$100,000 tax threshold is a static number that does not adjust or respond to current market conditions. If property values continue to trend upwards and the threshold does not adjust accordingly (for example,with the use of a CPI adjuster or a more appropriate method),the number of properties that may trigger this amendment will steadily increase from the current list of 24 properties. Section 702 &705(NEW). Recommended by the Ad Hoc Committee on 8/1/23 City of Huntington Beach Page 14 of 17 Printed on 9/20/2023 powered,*LegistarTM" File #: 23-807 MEETING DATE: 9/21/2023 Section 702, PROCEDURE FOR HOLDING ELECTIONS. All elections shall be held in accordance with the provisions of the Elections Code of the State of California, as the same now exists or hereafter may be amended,for the holding of municipal elections,so far as the same are not in conflict with this Charter. In the event of such conflict,the provisions of this Charter shall control and prevail in accordance with Section 103 of this Charter. Section 705. SPECIAL PROVISIONS RELATING TO MUNICIPAL ELECTIONS For all municipal elections,"Elector" means a person who is a United States citizen 18 years of age or older, and a resident of the City on or before the day of an election..1'he City shall veri the ell ibilit of Electors b voter identification. Be innin in 2026, the Cit to provide a least 20 residentialvoting locations for in-person voting dispersed evenly throughout the City, in addition to any City facility voting locations. The City shall monitor ballot drop boxes located within the City for compliance with all applicable laws. As in Section 300 the City Charter shall determine the term of the City's elective officers,the length of term and the election cycle in which the election for those offices occur for the City's elective officers. Section 702, PROCEDURE FOR HOLDING ELECTIONS. All elections shall be held in accordance with the provisions of the Elections Code of the State of California, as the same now exists or hereafter may be amended,for the holding of municipal elections,so far as the same are not in conflict with this Charter. In the event of such conflict,the provisions of this Charter shall control and prevail, in accordance with Section l03 of this Charter. Section 705. SPECIAL PROVISIONS RELATING TO MUNICIPAL ELECTIONS For all municipal elections,"Elector"means a person who is a United States citizen 18 years of age or older, and a resident of the City on or before the day of an election. The City shall verif the ell ibilit of Electors b voter identification. Be innin in 2026.the Ci to rovide at Ieast 20 residential voting locations for in-person voting dispersed evenly throughout the City, in addition to any City facilityyoting locations. The City shall monitor ballot drop boxes located within the City for compliance_with all applicable laws. As in Section 300 the City Charter shall determine the term of the City's elective officers.the length of term. and the election cycle in which the election for those offices occur for the City's elective,officers. Preliminary Operational Analysis Per the Ad Hoc Committee,the amendment envisions that the City would implement the proposed changes while still consolidating elections with the County Registrar of Voters(ROV). In this scenario and with the current number of registered voters,the ROV would continue to provide eight ballot drop box locations with vote by mail(VBM) options,three 11-day in-person Vote Centers at major City facilities, and ten 4-day in person Vote Centers at both local and smaller city facilities. The minimum number of Vote Centers is predetermined by an Elections Code formula and identified in the County's Election Administration Plan which will be updated in 2025. However,the City would need to provide poll voters to verify id,request an additional 10 Vote Centers and install video cameras to monitor the drop boxes. City of Huntington Beach Page 15 of 17 Printed on 9/20/2023 poweredk1/Legistar TM File #: 23-807 MEETING DATE: 9/21/2023 The City has inquired with the ROV about whether the County would allow City poll workers to conduct voter id verification at the County's Vote Center and whether the County would consider providing additional Vote Centers above and beyond what it provides now. On September 20,the ROV stated that it cannot comment on these proposals. In the event the ROV does not accept the City's proposal and does not consolidate elections, staff has conducted a very preliminary cost analysis for one City standalone election. The initial startup cost for items such as equipment is $664K- 858K;the recurring or operating costs to hold each election is$689K- $832K. This is based on figures from other municipalities that have recently conducted standalone elections but scaled for Huntington Beach and its number of registered voters. Preliminary Fiscal Analysis Should the City eventually obtain an affirmative response from the County,the amendment would require the City to consider the following costs related to this amendment. The City would need to provide poll workers at each ROV Vote Center to verify voter identification;this would likely require recruitment costs,training and hourly wages at a rough cost estimate of$69,000. In regards to the cost of the additional ten 4-day in-person Vote Centers that will help achieve the total 20 residential voting locations described in the amendment-the ROV did not provide a cost estimate. The ROV stated that it is not their practice to bill jurisdictions on a Vote Center by Vote Center basis. If they are authorized by the County to provide the additional Vote Centers,the cost would be billed proportionately to all participating jurisdictions based on a formula that takes the number of voters per jurisdiction into account. This cost cannot be known at this time. In regards to drop box monitoring,the City may be able to install 24-hour video cameras on buildings within proximity to each drop box. If a building is located on private property, staff would need to negotiate an agreement to mount a video camera on the property. At this time,one firm offers video monitoring for approximately$2,500 per location including camera equipment and installation for 24-hour access. Based on that,the City would anticipate incurring at least$20,000 plus additional unknown cost related to the agreements. The City was advised by the ROV to further consult with the City Attorney regarding the legality of local monitoring of ballot drop boxes. Consolidated Election Proposed Charter Anticipated Additional with ROV Amendments Costs VBM Ballot Drop Box 8 Added monitoring with 8 $20,000 plus unknown locations security cameras cost for related agreements 4-day in-person Vote 10 Add 10 additional Voter Cost for 10 additional Centers(local& small Centers;Voter ID Vote Centers is unknown. City facilities) verification-related costs $9,000 for Voter ID monitoring(recruitment, training,hourly wages) 11-day in-person Vote 3 Voter ID verification-related$60,000 for Voter ID Centers(major City costs monitoring(training and facilities) hourly wages The added costs in the table would be in addition to the consolidated election cost with the ROV for election services currently estimated at approximately$318,928 to$383,128. Adding any ballot measures would be an additional cost as well. City of Huntington Beach Page 16 of 17 Printed on 9/20/2023 powered4i LegistarTM' File #: 23-807 MEETING DATE: 9/21/2023 Section 806 (NEW). Recommended by the Ad Hoc Committee on 8/1/23. SECTION 806. DISPLAY OF FLAGS. Except as otherwise provided herein the City shall opl fi or display at or on any of the City's properties the following flags:the American flag.the POW/MIA flag,the State of California flag, the Huntington Beach City flag,the County of Orange fly, or_any of the flags of the six branches of service: the Army,Navy, Air Force,Coast Guard,Marine Corps, and Space Force. During the Summer Olympic Games,the Mayor is authorized to order the display of the official Olyn'tuic flags for four weeks prior to the dates of the games and for up to two weeks thereafter.The City may display any other fla_in addition to those already enumerated, but only if authorized by.a unanimous vote of all members of the City Council. Preliminary Operational Analysis: There are no known operational impacts at this time. It should be noted that the amendment allows the City to fly additional flags not listed in the proposed amendment, if it is authorized by unanimous vote of the City Council. Preliminary Fiscal Analysis: There are no known fiscal impacts at this time. 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 Attachments: 1. PDF version of the report City of Huntington Beach Page 17 of 17 Printed on 9/20/2023 powered44 LegistarTm REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Al Zelinka, City Manager VIA: Al Zelinka, City Manager PREPARED BY: Catherine Jun, Deputy City Manager Subject: City Council discussion of potential Charter amendments proposed by the Charter Ad Hoc Committee and staff; opportunities to propose and discuss additional amendments to be considered for the March 5, 2024 Statewide Primary Election ..body Statement of Issue: NOTE: A PDF version of this report is attached, in the event that the tables and images do not display properly on the reader's screen. On September 5, 2023, City Council authorized four Special Meetings scheduled on September 14, 21, 28 and October 5 to gather public feedback and consider potential Charter amendments. During the first meeting, City Council received public feedback and also requested impact analyses for potential amendments, including those proposed by the Ad Hoc Committee and staff, which are outlined in this report. Financial Impact: On September 5, 2023, staff provided initial estimates to place the three initially proposed ballot measures on the March 2024 Primary Election. After conducting additional research and conferring in depth with the Orange County Registrar of Voters (ROV), the staff is providing a closer estimate as follows: Projected Cost Range Includes Consolidated Election $318,928 $383,128 Cost of the consolidated election, postage for vote by mail ballot returns, cost recovery for the purchase of any new election equipment 3 Ballot Measures (as $51,000 $76,500 Based on the number of pages required for previously discussed on each measure at $8,500 per 2 pages and 9/5/23) 3,000 words (the range on the left is based on 4-6 pages per measure) Total $369,928 $459,628 Recommended Action: ..recommendation A) Discuss potential Charter amendments proposed by the Ad Hoc Committee and City staff; propose and discuss additional amendment as needed; and B) Receive and file this report. .end Alternative Action(s): Do not approve one or more recommended action; direct staff accordingly. 1 44 Analysis: During the first Special Meeting on September 14, City Council requested impact analyses for potential amendments proposed by the Ad Hoc Committee, which are outlined in the order they appear in the Charter: Section 300. Recommended by the Ad Hoc Committee on 8/1/23 Section 300. CITY COUNCIL,ATTORNEY,CLERK AND TREASURER.TERMS. The elective officers of the City shall consist of a City Council of seven members,a City Clerk, a City Treasurer and a City Attorney, all to be elected from the City at large at the times and in the manner provided in this Charter and who shall serve for terms of four years and until their respective successors qualify. unless otherwise provided in this Charter. Subject to the provisions of this Charter, the members of the City Council in office at the time this Chatter takes effect shall continue in office until the expiration of their respective terms and until their successors are elected and qualified. Four members of the City Council shall be elected at the general municipal election held in 1966,and each fourth year thereafter.Three members of the City Council shall be elected at the general municipal election held in 1968,and each fourth year thereafter.No person shall be elected as a member of the City Council for more than two consecutive terms and no person who has been a member for more than two years of a term to which some other person was elected a member shall be elected to the City Council more than one further consecutive term. Subject to the provisions of this Charter,the City Clerk,City Treasurer and City Attorney in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and the qualification of their successors. A City Clerk and City Treasurer shall be elected for a term of six years at the general municipal election held in 2024. , ,•A City Attorney,a City Clerk, and a City Treasurer shall be elected in 2030 4-9663 and each fourth year thereafter. The term of each member of the City Council,the City Clerk, the City Treasurer and the City Attorney shall commence on the Arst4.4euelay date of the first regular City Council meeting following the certification of the election. Ties in voting among candidates for office shall be settled by the casting of lots. If no candidate meets the qualifications for office of the City Clerk,City Treasurer, or City Attorney,the City Council shall fill that position by appointment until the next municipal general election in which a qualified candidate is elected. Preliminary Operational Analysis: Per Charter Section 300, four Council Members and the City Attorney are elected at large in the midterm or gubernatorial election cycle, once every four years during even years, including 2022, 2026 and so forth. Similarly, the remaining 3 Council Members, City Clerk, and City Treasurer are elected at large in the Presidential election cycle once every four years in alternating even years that include 2024, 2028, etc. The proposed Amendment would move the City Clerk and City Treasurer elections from the Presidential to the gubernatorial cycle beginning in 2030, increasing the total number of elected positions on that cycle from 5 to 7 total. The Presidential election cycle would then only have 3 elected positions on the ballot. The overall effect of the amendment is outlined in the table below. However, the impacts are inconclusive at this time. Election Year Current Charter Proposed Amendment 2 45 2020 5 elective offices on the ballot (Presidential Cycle) for: City Council (3), City Clerk, City Treasurer 2022 5 elective offices on the (Gubernatorial Cycle) ballot for: City Council (4) City Attorney (1) 2024 5 elective offices on the ballot for: (Presidential Cycle) = City Council (3), City Clerk* and City Treasurer* *These positions would be elected to a 6-year term for this cycle only and would permanently revert to a 4-year term in 2030. 2026 - City Council (4) (Gubernatorial Cycle) City Attorney 2028 and every 4th year City Council (3) thereafter (Presidential Cycle) 2030 and every 4th year City Council (4) thereafter City Clerk (Gubernatorial Cycle) City Treasurer City Attorney The final proposed amendment in Section 300 would adjust the commencement date of a new Council Member's term from the first Monday to the first Council Meeting following certification of election. This is partly an administrative change, as the City Council has moved its meetings from Mondays to Tuesdays. Furthermore, since the first Monday could arguably occur before certification, the amendment would assure that the election results are certified first. Preliminary Fiscal Analysis: There are no known significant fiscal impacts at this time. 3 46 Section 303(a). Recommended by the Ad Hoc Committee on 8/1/23 Section 303. MEETINGS AND LOCATION. (a) Regular Meetings.The City Council shall hold regular meetings at least twice each month, unless it lacks a quorum or the meeting is canceled by the Mayor or a majority of City Council Members,at such time as it shall fix by ordinance or resolution and may adjourn or re-adjourn any regular meeting to a date and hour certain which shall be specified in the order of adjournment and when so adjourned each adjourned meeting shall be a regular meeting for all purposes. If the hour to which a meeting is adjourned is not stated in the order of adjournment, such meeting shall be held at the hour for holding regular meetings. If at any time any regular meeting falls on a holiday such regular meeting shall be held on the next business day. Preliminary Operational Analysis: Per the Charter, City Council must hold meetings at least twice per month. However, meetings cannot be held without a quorum, as governed by the California Brown Act. The amendment references this quorum to clarify this exception to the two-meeting rule. The amendment also permits the Mayor or majority of Council Members to cancel meetings. As part of this amendment, the City Council could consider outlining the circumstances or limiting the number of cancelations per year in an ordinance, resolution, or the Council Manual for greater clarity. Preliminary Fiscal Analysis: There are no known fiscal impacts associated with this amendment. Section 304(b). Recommended by the Ad Hoc Committee on 8/1/23 (b) Proceedings. The City Council shall judge the qualification of its members as set forth by the Charter. It shall judge all election returns. Each member of the City Council shall have the power to administer oaths and affirmations in any investigation or proceeding pending before the City Council. The City Council shall have the power and authority to compel the attendance of witnesses,to examine them under oath and to compel the production of evidence before it. Subpoenas shall be issued in the name of the City and be attested by the City CIerk. They shall be served and complied with in the same manner as subpoenas in civil actions. Disobedience of such subpoenas, or the refusal to testify(upon other than constitutional grounds),shall constitute a misdemeanor,and shall be punishable in the same manner as violations of this Charter are punishable. C;, C fi ��.,,°f '^� 8� °-�, �c��> avn . ...,a.�ess ,7-...,...�..edin.n .,«,8 a .. petty r f-the lega_.,3ra,,z.,,•a., mnd d ploy other_at#amcy••to take • • Preliminary Operational Analysis: Per the City Attorney's Office, striking the final sentence in Section 304(b) clarifies the attorney-client role(s) between the Office and the City Council, and makes it more consistent with State law that defines the attorney- client relationship. Preliminary Fiscal Analysis: There are no known fiscal impacts. 4 47 Section 309. Recommended by Council Member McKeon on 8/1/23 Section 309.CITY ATTORNEY.POWERS AND D€JTIES. To become and remain eligible for City Attorney the person elected or appointed shall have graduated from a law school accredited by the American Bar Association,be an attorney at law,duly licensed as such under the laws of the State of California, shall have been engaged in the practice of law in this State for at least five years prior to their election or appointment. The City Attorney represents the City of Huntington Beach.a Chartered City under the Constitution of the State of California and a Municipal Co oration. The elected City Attorney_is,by virtue of the election, designated by the people as the City's exclusive legal counsel.The City Attorney may hire,contract and/or appoint outside contract attorneys and/or such in-house deputy or deputies to assist or act for the City Attorney, at such salaries or compensation as the City Council may by ordinance or resoiu€ion prescribe., provided that the employ of attorneys to assist the City Attorney in the execution of his or her duties is the exclusive purview of the City Attorney. Neither the City Council, the City Manager, nor any other City Official or department may hire their own attorneys, consult with, attempt to contract with attorneys for services, or obtain other/outside legal opinions without the prior express written consent of the City Attorney Because of the unique nature of the City Attorney's work at the pleasure of the electorate. and in order to protect the City Attorney's work from political interference.neither the compensation of the City Attorney nor the City Attorney's annual budget or any aspect thereof shall be reduced by the City Council from year to year unless approved by a four-fifths maiority of the total.members of the City Council, but in no event shall any such reduction exceed 3%in a year and from theprevious year. The City Attorney shall have the power and may be required to: (a) Represent and advise the City Council and all City officers in all matters of law pertaining to their offices. (b) Prosecute on behalf of the people any or all criminal cases arising from violation of the provisions of this Charter or of City ordinances and such state misdemeanors as the City has the power to prosecute, unless otherwise provided by the City Council. (c) Represent and appear for the City in any or all actions or proceedings in which the City is concerned or is a party, and represent and appear for any City officer or employee,or 5 48 former City officer or employee,in any or all civil actions or proceedings in which such officer or employee is concerned or is a party for any act arising out of their employment or by reason of their official capacity. (d) Attend all regular meetings of the City Council,unless excused,and give their advice or opinion orally or in writing whenever requested to do so by the City Council or by any of the boards or officers of the City. (e) Approve in writing the form of all contracts made by and all bonds and insurance given to the City. (f) Prepare any and all proposed ordinances and City Council resolutions and amendments thereto. (g) Devote such time to the duties of their office and at such place as may be specified by the City Council. (h) Perform such legal functions and duties incident to the execution of the foregoing powers as may be necessary. (i) Surrender to their successor all books, papers,files,and documents pertaining to the City's affairs. (j) Assist and cooperate with the City Manager consistent with Section 403 of the City Charter. (k) Provide advice related to compliance with the City Charter to all elected and appointed officials of the City. (I) itee maintain and protect all Ciao confidential attorne -client priyile ed and attorney work product privileged information. Such confidential information shall not be accessible to any other City Official, City Staff,or third party,unless the City Attorney authorizes such access or the City Council votes to authorize such access by rnajority vote. (n3) Additions to Section 309 of this Charter,if approved by the voters at the March 5, 2024 election,shall take effect on January 1, 2027, Preliminary Operational Analysis: Per Council discussion held on 8/1/23, the intent of this Amendment is to prevent retaliation by a Council majority upon any of the 3 elected Charter officers and his/her compensation or department budget. The City's financial projections show that the City will run into a General Fund deficit starting next fiscal year (i.e., 2024-2025). To balance the budget based on projections, the City has asked each department to proactively reduce their expenditures by an average of 2-10%. However, the proposed amendment regarding the City Attorney's compensation and Office's budget establishes a hard floor that limits downward adjustments without a four-fifths (6 out of 7) Council votes. In the event the budget can be reduced, the maximum reduction would be up to 3%. Per the City Attorney, the remaining changes would clarify the City Attorney's powers and duties consistent with State law and require all privileged communications remain inaccessible by any City official or third party without City Attorney or City Council approval. 6 49 Lastly, the Amendments to Section 309 would not take effect until January 1, 2027. The City Attorney's Office states that this effective date is not required by law; rather it is to avoid a potential legal challenge by anyone who may believe that the changes are to benefit the current City Attorney. Preliminary Fiscal Analysis: In all, the fiscal impact cannot be determined at this time. However, establishing a hard floor in the CAO budget or the City Attorney's compensation may require City management to find cost savings in other departments or reduce services. Section 310. Recommended by the Ad Hoc Committee on 8/1/23 Section 310. CITY CLERK.POWERS AND DUTIES. To become and remain eligible for City Clerk, the person elected or appointed shall have a Bachelor's Degree ' , , and hold a certification as a Municipal Clerk or obtain such certification within the first three years in office. The City Clerk shall have the power and shall be required to: Preliminary Operational Analysis: The elected City Clerk position in Huntington Beach serves as a department head and the City's elections official. The Clerk operates a department that includes records/archive management, election services, passport services, claims administration, agenda management, public records request management, and FPPC filings. The position also manages a staff of 5 full-time staff and 4 part-time staff. There are also 11 California charter cities with elected city clerks—whether serving a ceremonial role or as a department head. Staff reviewed their educational requirements (if any) as listed in their individual charters, municipal codes, job descriptions or websites. Out of the 11 charter cities (not including Huntington Beach), the education requirements for the Clerk position are as follows: • One city (Redondo Beach) included educational requirements directly in the charter; four other cities had educational requirements listed on their municipal code or websites. Six additional cities did not have any educational requirements, and the remaining two cities are unknown at this time. • Existing educational requirements ranged by City: o "Four-year college degree in finance or business related field" (Carlsbad, Municipal Code) o "Some college work in public administration and/or business administration. (Glendale, website) o "At least 15 units completed at a collegiate institution in the accounting field, either in residence or in extension, or in a recognized private school of equal educational standards." (Redondo Beach, Charter) o "Combination of education and experiencing equivalent to completion of an Associate of Arts Degree in Public Administration, Business Administration, or related field." (Santa Clara, Santa Maria, website requirement) For additional context, Orange County cities (including both charter and general law cities and mostly appointed Clerks) have educational requirements, whether the Clerk is elected or appointed. 23 out of 31 Orange County cities that provided staff with information on the job requirements reference a Bachelor's or four year equivalent in Business Administration, Public Administration, Public Policy or Records Management. 25 out of 31 cities include the phrase "or related field". (Three Orange County cities did not provide information about their job requirements.) Preliminary Fiscal Analysis: There are no known fiscal impacts associated with this amendment. 7 50 Section 314 (NEW). Recommended by Council Member McKeon on 8/1/23 Section 314. INVESTIGATION OF MALFEASEANCE To avoid potential conflicts of interest and political interfeiencetany allegation of malfeasance, wrongdoing or misconduct against an elected official.af the City,shall not be investigated by the City,any other City Official, or member of City Staff. Rather,such allegations shall be referred to the Orange County District Attorney,the California Attorney General,the Fair Political Practices Commission.or other appropriate higher level government agency. Preliminary Operational Analysis: Today, if the City receives such an allegation against an elected official, the Human Resources Department may hire a third-party investigator to conduct an investigation. However, this amendment would require the City to refer the allegation to a higher-level government agency such as the Orange County District Attorney. The complainant has the recourse of suing the elected official and/or the City. Preliminary Fiscal Analysis: There is a degree of liability, risk of lawsuits, cost of attorney fees, and/or settlements that would yield a yet to be determined fiscal impact. Section 401(b) & Sections 601-605. Recommended by the Ad Hoc Committee on 8/1/23 Section 401. POWERS AND DUTIES. Except as otherwise provided in this Charter,the City Manager shall be responsible to the City Council for the proper administration of all affairs of the City. Without limiting this general grant of powers and responsibilities,the City Manager shall have the power and be required to: (a) Appoint,promote, demote, suspend or remove department heads,officers and employees of the City except elective officers and the Chief of Police. The Chief of Police shall not be appointed or removed until the City Manager shall first have reviewed such appointment or removal with the City Council and have received approval for such appointment or removal by a majority vote of the full City Council. (b) Prepare the budget as required by this Charter annually,submit it to the City Council, and be responsible for its administration upon adoption. 8 51 Section 60I. BIENNIAL ANNUAl BUDGET,PREPARATION BY THE CITY MANAGER. At such date as the City.Manager shalt determine,each board or commission and each department head shall furnish.to the City Manager,personally,or through the tan Chief Financial Officer, estimates of the department's,board's or commission's revenue and expenditures for the ensuing two,.fiscal ye,ats,detailed in such manner as may be prescribed by the City Manager. In preparing the proposed budget, the City Manager shall review the estimates, hold conferences thereon with the respective department heads,boards or commissions as necessary, and may revise the estimates as may be deemed advisable. Section 602. flIENNIAC,ANNUAL BUDGET. SUBMISSION TO THE CITY COUNCIL, The City Manager shall submit the proposed budget to the City Council at least thirty days prior to the beginning of each evert murnbeeed fiscal year beginning in 2026. After reviewing the proposed budget and making such revisions as it may deem advisable,the City Council shall hold a public hearing thereon at least fifteen days prior to the beginning of each even!limbered fiscal year and Shall cause to be published a notice thereof not less than ten days prior to said hearing. Copies of the proposed budget shall be available for inspection by the public in the office of the City Clerk at least ten days prior to said hearing. Section 601 BIENNIAIL.ANNUAL BUDGET. PUBLIC HEARING. At the time so advertised or at any time to which such public hearing shall from time to time be adjourned,the City Council shall hold a public hearing on the proposed budget,at which interested persons desiring to be heard shall be given such opportunity. Section 604. BIENNIAL. ANNUAL BUDGET. FURTHER CONSIDERATION AND ADOPTION. At the conclusion of the public hearing the City Council shall further consider the proposed budget and make any revisions thereof that it may deem advisable and on or before the last day of the fiscal year it shall adopt the budget with revisions, if any, by the affirmative vote of at least a majority of the total members of the Council, Upon final adoption,the budget shall be in effect for the ensuing txo fiscal years. Copies thereof,certified by the City Clerk, shall be filed with the City Manager, Chief Financial Officer, City Treasurer and the person retained by the City Council to perform the post audit function, and a further copy shall be placed, and shall remain on file in the office of the City Clerk where it shall be available for 9 52 public inspection. The budget so certified shall be reproduced and copies made available for the use of the public and of departments,offices and agencies of the City. Section 605. BIENNIAL ANNUAL BUDGET APPROPRIATIONS. From the effective date of the budget,the several amounts stated therein as proposed expenditures shall be and become appropriated to the several departments, offices and agencies for the respective objects and purposes therein named;provided, however,that the City Manager may transfer funds from one object or purpose to another within the same department,office or agency.All appropriations shall lapse at the end of the secon4 fiscal year to the extent that they shall not have been expended or lawfully encumbered. At any public meeting after the adoption of the budget,the City Council may amend or supplement the budget by motion adopted by the affirmative vote of at least a majority of the total members of the City Council. Preliminary Operational Analysis: The amendments would transition the City from an annual to a biennial budget, starting in Fiscal Years 2026-2028: There is precedence for two-year budgets in Orange County; half of the 10 largest cities in Orange County (not including Huntington Beach) utilize biennial budgets. There are also known advantages and disadvantages of a biennial budget. Advantages may include reduced staff time from undertaking an intensive six-month budgeting process every year. It also encourages the City to plan strategically and longer term, particularly for larger projects and initiatives. Disadvantages may include longer range forecasting of revenues and expenditures further into the future; and more extensive budget amendments or mid-cycle reviews and adjustments that may potentially eliminate time savings in year 2. The Chief Financial Officer is supportive of a biennial budget. However, there will be operational impacts from implementing process changes that require updates to budget forms and document pages to account for the second year; updates to the accounting software; staff training; a new format for the mid-cycle update and adjustments; and criteria and process to carryover funds between years 1 and 2. The Finance Department would likely need to begin after the approval of this Amendment in order to kick off the budget planning season starting Fall 2025, while simultaneously developing the remaining annual budgets for FY 2024-25 and FY 2025-26. Lastly, the amendment proposes one administrative change to retitle the Finance Director to Chief Financial Officer, which is the title used commonly today and matched with the City's organizational chart. Preliminary Fiscal Analysis: The primary fiscal impacts will be the hours of staff time required to implement the process changes across all 12 City departments, conduct public engagement on this major change, and potential costs to make changes to the City's accounting software. The required staff hours will not be known until a plan is identified to transition the budget. 10 53 Section 612. Section 612. PUBLIC UTILITIES AND PARKS AND BEACHES. (a) No public utility or park or beach or portion thereof now or hereafter owned or operated by the City shall be sold, leased,exchanged or otherwise transferred or disposed of unless authorized by the affirmative votes of at least a majority of the total membership of the City Council and by the affirmative vote of at least a majority of the electors voting on.such proposition at a general or special election at which such proposition is submitted. (b) No golf course, driving range, road,building over three thousand square feet in floor area nor structure costing more than$161,000.00 may be built on or in any park or beach or portion thereof now or hereafter owned or operated by the City unless authorized by the affirmative votes of at least a majority of the total membership of the City Council and by the affirmative vote of at least a majority of the electors voting on such proposition at a general or special election at which such proposition is submitted after the appropriate environmental assessment, conceptual cost estimate,and reasonable project description has been completed and widely disseminated to the public.Effective January I,2011,and each year thereafter,the maximum cost will be adjusted by the Consumer Price Index for the Los Angeles-Riverside- Orange County area. (c) Section 612(a) and 612(b)shall not apply; (1) to libraries or piers; (2) to any lease,franchise, concession agreement or other contract where; - the contract is to perform an act or provide a service in a public park or beach AND - such act was being performed or service provided at the same location prior to January 1, 1989 AND - the proposed lease, franchise,concession agreement or other contract would not increase the amount of parkland or beach dedicated to or used by the party performing such act or providing such service. (3) to aboveground public works utility structures or public restrooms under 6,000 3,000 square feet; 11 54 (4) to underground public works utility structures if park or beach use is not impeded; (5) to any public works construction, maintenance or repair mandated by state or federal law that does not negatively impact recreational opportunities; or (6) to renewable energy projects that do not negatively impact recreational opportunities;or (7) to new children's playground facilities or equipment in any park, or to replacement children's playground facilities or etuipmnent in any park or beach, provided that the scuare footage of such replacement children's playground facilities or equipment is not increased by more than.100% during any ten year period. (d) If any section, subsection,part, subpart,paragraph, clause or phrase of this amendment,or any amendment or revision of this amendment, is for any reason held to be invalid or unconstitutional,the remaining sections,subsections,parts,subparts,paragraphs, clauses or phrases shall not he affected but shall remain in full force and effect. Recommended by the Ad Hoc Committee on 8/1/23: Preliminary Operational Analysis: Section 612, also known as Measure C, was a voter initiative that was approved by voters during the November 1990 General Election and was incorporated into the Charter thereafter. Measure C requires majority voter approval on matters involving the following, with some exemptions: o Sale, lease, transfer or exchange of park and beach lands in Huntington Beach o Construction of certain private and public developments on these lands This proposed amendment would add to the list of current exemptions: public restrooms under a certain size, above ground public works utility structures under a certain size, new playground facilities or equipment in parks; and replacement playground facilities or equipment under certain sizes. These amendments would permit staff to provide these amenities without the added cost of a ballot measure, which would facilitate the process and deliver them to the public at an accelerated rate. Preliminary Fiscal Analysis: Currently, Measure C requires the City to produce a "shovel ready project" by completing a conceptual design, all design documents, construction documents, and pertinent environmental studies, prior to placing a park or beach project on a ballot measure. The cost of each component may vary significantly (upwards of a million dollars) and often take on a percentage of the final total project cost. For the purposes of a general fiscal analysis, the average cost, per acre, of each phase of the project is listed below, and includes additional data for an anticipated 6% increase in costs in 2024: Project Phase 'Average Per Acre Cost Average Per Acre Cost (2023) 6% Escalation (2024) Conceptual Design $5,340 5,661 Design Cost $13,949 $14,786 Construction Documents $44,463 $47,131 • Construction $508,390 $538,893 This estimate does not include any costs to place the project on a ballot measure, which is an added cost. 12 55 Playgrounds average $110 per square foot in 2023, and $117 per square foot in 2024, with the anticipated 6% escalation in costs. Recommendations from City staff Based on staff experience working on public projects within the guidelines of Measure C, a few recommendations are listed for consideration: • Amend Section 612(a) to: 1) remove the dollar threshold ($161,000 adjusted for CPI) that triggers Measure C, as most projects exceed that value today or 2) no longer require the environmental assessment, conceptual cost estimate and construction documents to be completed prior to a Measure C vote; these items will still be prepared and presented to the public and City Council for a thorough review. Project construction would be contingent only after obtaining approvals for all items. • Amend Section 612(a) to clearly define "structure" and its minimum square footage, as it is not defined in the Charter. Determine if structure also includes flatwork such as pickleball and other sports courts. This would clear up ambiguity about which projects qualify under Measure C. • Amend Section 612(c) to add public restrooms as an exempted project; remove any square foot thresholds, as many projects such as restrooms and public works utilities exceed 3,000 square feet. Section 618 (NEW). Recommended by Council Member McKeon on 8/1/23 SECTION 618.VOTER APPROVAL REQUIRED FOR MATTERS AFFECTING THE COLLECTION OF PROPERTY TAX. No transaction that forgives,waives or foregoes the collection of property tax by the City in excess of$100,000.00 per year shall be approvedunless authorized by the affirmative votes of at least a majority of the total membership of the City Council and by the affirmative vote of at least a majority of the electors voting on such proposition at a general or special election at which such proposition is submitted.This section shall not apply to transactions related to the acquisition of property for public parks: or to transactions related to the acquisition of property for infrastructure, as defined in Section 617(a)of this Charter. Preliminary Operational Analysis: The amendment will require City Council and voter approval in order to engage in investment transactions between the City and a property owner that may yield over$100,000 in property tax exemptions. As a matter of background, when the City purchases property, it becomes property tax exempt so long as it is used for public purposes; as such, the amendment carves out exemptions for transactions in which the City acquires property for public parks or infrastructure, as defined in section 617(a) (see below). This would limit the amendment's applicability on City operations, as it relates to these matters. Section 617(a): The term "Infrastructure"shall mean long-lived capital assets that normally are stationary in nature and normally can be preserved for significantly greater number of years. They include storm drains, storm water pump stations, alleys, streets, highways, curbs and gutters, sidewalks, bridges, street trees, landscaped medians, parks, beach facilities, playgrounds, traffic signals, streetlights, block walls along arterial highways, and all public buildings and public ways. 13 56 Staff noted that the definition above does not include water infrastructure (i.e. water lines, reservoirs, etc.). In addition, the phrase "beach facilities" could be generalized to include all "recreational facilities" which are also viewed as infrastructure. Other considerations not covered in the exemptions may include the acquisition of buildings not used for public purposes. An example may be to acquire a commercial property that is leased out to businesses that would pay possessory interest taxes, but not property taxes; as such, staff is uncertain if the amendment would apply to these types of transactions. Another possible exemption for consideration would be transactions implementing the Zoning and Subdivision Code, as such transactions do not involve a direct City financial subsidy or investment. An example would be Zoning and Subdivision Code Section 230.26 commonly referred to as the Inclusionary Housing Ordinance under which developers of residential projects must satisfy affordable housing requirements. Should a developer choose to create affordable housing units to satisfy this requirement, the City Council should be authorized to approve implementing agreements between the City and the developer as approved by the City Attorney's office. Preliminary Fiscal Analysis - The current property tax rate is 1.09391% of an assessed property value. For every dollar of property taxes remitted to the County Assessor's Office, 16% is distributed to the City. Given this formula, only properties with an assessed value of equal to or higher than approximately $57 million in the City's General Fund tax rate area (TRA) would yield property taxes of$100,000 or greater directly for the City of Huntington Beach. Based on our most current tax information, only 24 properties (residential, commercial, and industrial) fall in this category. These would be among the known properties that could trigger the amendment, if the owner and the City propose to enter into a transaction that results in excess of$100,000 in property tax exemptions. However, it should be noted that the $100,000 tax threshold is a static number that does not adjust or respond to current market conditions. If property values continue to trend upwards and the threshold does not adjust accordingly (for example, with the use of a CPI adjuster or a more appropriate method), the number of properties that may trigger this amendment will steadily increase from the current list of 24 properties. Section 702 &705 (NEW). Recommended by the Ad Hoc Committee on 8/1/23 Section 702. PROCEDURE FOR HOLDING ELECTIONS. All elections shall be held in accordance with the provisions of the Elections Code of the State of California, as the same now exists or hereafter may be amended,for the holding of municipal elections,so far as the same are not in conflict with this Charter. In the event of such conflict,the provisions of this Charter shall control and prevail,in accordance with Section 103 of this Charter. 14 57 Section 705. SPECIAL PROVISIONS RELATING TO MUNICIPAL ELECTIONS For all municipal elections,"Elector"means s a person who is a United States citizen 18 years of age or older`and a resident of the City on or before the day of an election. The City_shall verify the eli ibilit of Electors toy voter identification. Beginning in 2026, the Cityprovide at least 20 residential voting locations for in-person voting dispersed evenly,throu hour the City, in addition to an Cit facilityvotin locations. The Cit shall monitor ballot dro boxes located within the City for compliance with all applicable laws. As in Section 300,the City Charter shall determine the term of the City's elective officers,the length of term, and the election cycle in which the election for those offices occur for the City's elective officers. Preliminary Operational Analysis Per the Ad Hoc Committee, the amendment envisions that the City would implement the proposed changes while still consolidating elections with the County Registrar of Voters (ROV). In this scenario and with the current number of registered voters, the ROV would continue to provide eight ballot drop box locations with vote by mail (VBM) options, three 11-day in-person Vote Centers at major City facilities, and ten 4-day in person Vote Centers at both local and smaller city facilities. The minimum number of Vote Centers is predetermined by an Elections Code formula and identified in the County's Election Administration Plan which will be updated in 2025. However, the City would need to provide poll voters to verify id, request an additional 10 Vote Centers and install video cameras to monitor the drop boxes. The City has inquired with the ROV about whether the County would allow City poll workers to conduct voter id verification at the County's Vote Center and whether the County would consider providing additional Vote Centers above and beyond what it provides now. On September 20, the ROV stated that it cannot comment on these proposals. In the event the ROV does not accept the City's proposal and does not consolidate elections, staff has conducted a very preliminary cost analysis for one City standalone election. The initial startup cost for items such as equipment is $664K—858K; the recurring or operating costs to hold each election is $689K- $832K. This is based on figures from other municipalities that have recently conducted standalone elections but scaled for Huntington Beach and its number of registered voters. Preliminary Fiscal Analysis Should the City eventually obtain an affirmative response from the County, the amendment would require the City to consider the following costs related to this amendment. The City would need to provide poll workers at each ROV Vote Center to verify voter identification; this would likely require recruitment costs, training and hourly wages at a rough cost estimate of$69,000. In regards to the cost of the additional ten 4-day in-person Vote Centers that will help achieve the total 20 residential voting locations described in the amendment—the ROV did not provide a cost estimate. The ROV stated that it is not their practice to bill jurisdictions on a Vote Center by Vote Center basis. If they are authorized by the County to provide the additional Vote Centers, the cost would be billed proportionately to all participating jurisdictions based on a formula that takes the number of voters per jurisdiction into account. This cost cannot be known at this time. In regards to drop box monitoring, the City may be able to install 24-hour video cameras on buildings within proximity to each drop box. If a building is located on private property, staff would need to negotiate an agreement to mount a video camera on the property. At this time, one firm offers video monitoring for approximately $2,500 per location including camera equipment and installation for 24-hour access. Based on that, the City would anticipate incurring at least $20,000 plus additional unknown cost related to the agreements. The City was advised by the ROV to further consult with the City Attorney regarding the legality of local monitoring of ballot drop boxes. 15 58 Consolidated Election Proposed Charter Anticipated with ROV Amendments Additional Costs VBM Ballot Drop Box 8 Added monitoring with 8 $20,000 plus unknown locations security cameras cost for related agreements 4-day in-person Vote 10 Add 10 additional Voter Cost for 10 additional Centers (local &small Centers; Voter ID Vote Centers is City facilities) verification -related costs unknown. $9,000 for Voter ID monitoring (recruitment, training, hourly wages) 11-day in-person Vote 3 Voter ID verification - $60,000 for Voter ID Centers (major City related costs monitoring (training and facilities) hourly wages The added costs in the table would be in addition to the consolidated election cost with the ROV for election services currently estimated at approximately $318,928 to $383,128. Adding any ballot measures would be an additional cost as well. Section 806 (NEW). Recommended by the Ad Hoc Committee on 8/1/23. SECTION 806. DISPLAY OF FLAGS, Except as otherwise provided herein,the City shall only fly or display at or on any of the City's properties the following flags: the American flag,the POW/MIA flag,the State of California flag, the I luntington Beach City flag,the County of Orange flag, or any of the flags of the six branches of service: the Army,Navy, Air Force,Coast Guard,Marine Corps,and Space Force. During the Summer Olympic Gaines, the Mayor is authorized to order the display of the official Olympic f1a for four weeks rior to the dates of the amen and for u to two weeks thereafter.The City may display any other flagin addition to those already enumerated,but only if authorized by a unanimous vote of all members of the City Council. Preliminary Operational Analysis: There are no known operational impacts at this time. It should be noted that the amendment allows the City to fly additional flags not listed in the proposed amendment, if it is authorized by unanimous vote of the City Council. Preliminary Fiscal Analysis: There are no known fiscal impacts at this time. 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 Attachments: 1. PDF version of the report 16 59 Switzer, Donna From: Fikes, Cathy Sent: Wednesday, September 20, 2023 1:44 PM To: Agenda Alerts Subject: FW: Charter Changes From: Leslie Golson <lesliegolson@verizon.net> Sent: Wednesday, September 20, 2023 12:09 PM SUPPLEMENTAL To: CITY COUNCIL(INCL. CMO STAFF) <city.council@surfcity-hb.org> COMMUNICATION Subject: Fw: Charter Changes Meetiq Date: `I/�2/ 123 Sent from the all new AOL app for iOS Agenda Item No.; 3 ( 'a -go J Begin fork\ardeil On Tuesday, September 19, 2023, 1:28 PM, Leslie Golson<lesliegolson@verizon.net>wrote: September 19, 2023 To Members of my Huntington Beach City Council, You have been elected to govern our city, not to wage culture wars. Mayor Strickland, you were elected on a promise to save taxpayer money. So far, this council majority has done nothing but spend our money on frivolous lawsuits and paybacks to political allies. I am speaking of going up against state mandates for public health and affordable housing. Now you propose spending millions of my dollars on changing the city charter to support your whims. I am vehemently opposed to these changes. I will not be attending more city council meetings as you have made it abundantly clear that you do not listen to your constituents, the majority of whom speak against your self- aggrandizing posturing in support of fascist restrictions to free speech. Here I refer to book banning at our award-winning library and flag raising at city hall. Let the record show that I am against City Charter changes, that I am against lawsuits against the State of California, that I am against city council rulings about free speech. Thank you, Leslie Golson i 30 year Resident and Voter 8462 Danbury Circle Huntington Beach CA 92646 2 From: Fikes,Cathy To: Aaenda Alerts Subject: FW:Oppose changes to charter Date: Wednesday,September 20,2023 1:09:36 PM Original Message From:Barbara Shapiro<bshap2000@gmail.com> Sent:Wednesday,September 20,2023 10:30 AM To:CITY COUNCIL(INCL.CMO STAFF)<city.council@surfcity-hb.org> Subject:Oppose changes to charter I am a Huntington Beach resident and I oppose all the changes to our city charter. First of all Strickland,Burns,McKeon and Gracey ran on a platform of NO CHARTER AMENDMENTS. Now they are doing a complete reversal. I resent being lied to. You are trying to change the requirements for city clerk again with no reason and I oppose. Secondly the electric would cost$1.2 million of taxpayer money to fix a nonexistent problem. There is no reason for the city to take over elections from the county registrar. There has not been ONE instance of voter fraud in HB. This change would cost the city millions each election and the only purpose would be to intimidate voters with the voter ID law. Stop trying to squander taxpayer money on your wedge issues. Drop these proposed charter amendments, the people don't want them and you are supposed to represent the people, you seem to have forgotten that. Sent from my iPad Switzer, Donna From: Fikes, Cathy Sent: Wednesday, September 20, 2023 1:08 PM To: Agenda Alerts Subject: FW:Voter Fraud From: Gail Brown<iramitla@gmail.com> Sent: Wednesday,September 20, 2023 8:15 AM To: CITY COUNCIL(INCL. CMO STAFF)<city.council@surfcity-hb.org> Subject:Voter Fraud https://www.ocregister.com/2022/01/25/new-group-raises-false-specter-of-election-fraud-in-orange-county/-- gai I 1 From: Fikes.Cathy To: Aoenda Alerts Subject: FW: Corrected Memo to City Council(please use this version) Date: Wednesday,September 20,2023 1:03:46 PM Attachments: HB City Council Proposed Charter Amendments.2.odf From: Elizabeth Schroeder<ecschroeder@gmail.com> Sent:Tuesday, September 19, 2023 4:42 PM To: CITY COUNCIL(INCL. CMO STAFF) <city.council@surfcity-hb.org> Subject: Corrected Memo to City Council (please use this version) Dear Members of the Huntington Beach City Council: The attached memo explains our opposition to proposed City Charter Amendments that would change local control of municipal elections and requirements for eligibility to serve as City Clerk. Yours, Elizabeth Schroeder and Stuart Miller To: Huntington Beach City Council From: Elizabeth Schroeder and Stuart Miller Re: Proposed Charter Amendments Date: September 19,2023 We have lived in Huntington Beach for 29 years and vote in both local and national elections. We strongly oppose the City Council's proposed Charter Amendments. Administering elections The proposed Charter Amendments seek to move local control of municipal elections from the Orange County Registrar of Voter's Office to the City of Huntington Beach. The Registrar's Office enjoys an excellent reputation for holding secure and fair elections. The proposed changes are unnecessary and will almost certainly result in costly litigation against the City. 1. Checking voter identifications. The proposal to require voter identification at polling stations is likely to be challenged in court. Voter ID has a sordid history of voter suppression while having no effect on preventing voter fraud or ensuring election integrity. According to the highly regarded Brennan Center,the rate of in-person voter fraud is extremely low: only 0.00004%of all ballots cast. Requiring voter ID is both ineffective and promotes voter suppression in marginalized populations. The non-partisan League of Women Voters notes that large segments of voters do not possess acceptable forms of photo IDs: 18%of citizens over 65, 16%of Latino voters, 25%of Black voters,and 15%of low- income voters lack government-issued identification that meets the legal requirement to vote. Native Americans and college students are also adversely affected by voter ID requirements. 2. City Monitoring of Ballot Drop Boxes Absentee voter fraud is also extremely rare. In 2020,over 250 million absentee ballots were cast nation- wide;only 193 people were convicted of voter fraud. A person has a greater chance of being hit by lightning than of voting improperly. The Orange County Registrar of Voter's Office has ample measures in place to detect potential ballot irregularities. Monitoring ballot drop boxes wastes taxpayer dollars and has no effect on reducing(non-existent)voter fraud. Disturbingly,there have been several documented instances of voter intimidation and harassment by monitors throughout the country. Instead of providing heightened security, monitors increase the likelihood of voter suppression by deterring voters from dropping ballots off in the secure boxes provided by the County. 3. Increasing the number of in-person polling locations. Absent data that shows there is a need for more in-person polling places in Huntington Beach there is no reason to expend City funds on this. The clear trend in California is to vote by absentee ballot.According to the California Secretary of State's Office, in 2010 57.97%of primary election votes and 48.44%of general election votes were absentee ballots. That number skyrocketed to 91.24%of votes by absentee ballot in the 2022 primary election and 87.52%in the general election. Adding more in-person polling places in Huntington Beach appears to be a solution in search of a problem. 4. Proposed Voting Changes:Conclusion Given the virtually non-existent rate of both in-person and absentee ballot voter fraud and the very real effect the proposed Charter Amendments will have on voter suppression,the only possible reason to enact the proposed Charter Amendment is to keep the current administration in power. Moreover, requiring voter Ds and ballot box monitors is highly likely to result in costly legal challenges against the City. Changing the Requirements for City Clerk The City currently requires that the City Clerk hold a bachelor's degree in business, public administration, or a related field. The clerk must also hold certification as a municipal clerk or obtain certification within the first three years in office. These requirements ensure that qualified people oversee this office. The proposed Charter Amendments modify the requirements,allowing the Clerk to have earned a four- year bachelor's degree in any discipline, no matter how unrelated to municipal governance. According to several local newspaper reports,the City Attorney's wife has indicated she is interested in running for City Clerk.She reportedly lacks the qualifications currently required for the position. If true, the proposed changes appear to be based on nepotism rather than the best interests of City governance. Cost of Placing the Proposed Amendments on the Ballot The Orange County Registrar of Voters estimates that placing the proposed Charter Amendments on the March 2024 California primary election ballot will cost more than$300,000 for each measure. Conclusion We urge the City Council to oppose the proposed Charter Amendments. They are unnecessary, expensive,and most importantly,they are an assault on our democratic values that hold dear the right of all eligible people to be free of voter suppression measures. Moore, Tania From: Fikes, Cathy Sent: Tuesday, September 19, 2023 2:37 PM To: Agenda Alerts Subject: FW: Proposed City Charter Amendments Attachments: HB City Council Proposed Charter Amendments.pdf From: Elizabeth Schroeder<ecschroeder@gmail.com> Sent:Tuesday,September 19, 2023 2:03 PM To:CITY COUNCIL(INCL. CMO STAFF)<city.council@surfcity-hb.org> Subject: Proposed City Charter Amendments Dear Members of the Huntington Beach City Council: The attached memo explains our opposition to proposed City Charter Amendments that would change local control of municipal elections and requirements for eligibility to serve as City Clerk. Yours, Elizabeth Schroeder and Stuart Miller i To: Huntington Beach City Council From: Elizabeth Schroeder and Stuart Miller Re: Proposed Charter Amendments Date: September 19,2023 We have lived in Huntington Beach for 29 years and vote in both local and national elections. We strongly oppose the City Council's proposed Charter Amendments. Administering elections The proposed Charter Amendments seek to move local control of municipal elections from the Orange County Registrar of Voter's Office to the City of Huntington Beach. The Registrar's Office enjoys an excellent reputation for holding secure and fair elections. The proposed changes are unnecessary and will almost certainly result in costly litigation against the City. 1. Checking voter identifications. The proposal to require voter identification at polling stations is likely to be challenged in court. Voter ID has a sordid history of voter suppression while having no effect on preventing voter fraud or ensuring election integrity. According to the highly regarded Brennan Center,the rate of in-person voter fraud is extremely low: only 0.00004%of all ballots cast. Requiring voter ID is both ineffective and promotes voter suppression in marginalized populations. The non-partisan League of Women Voters notes that large segments of voters do not possess acceptable forms of photo IDs: 18% of citizens over 65, 16%of Latino voters,25%of Black voters,and 15%of low- income voters lack government-issued identification that meets the legal requirement to vote. Native Americans and college students are also adversely affected by voter ID requirements. 2. City Monitoring of Ballot Drop Boxes Absentee voter fraud is also extremely rare. In 2020,over 250 million absentee ballots were cast nation- wide;only 193 people were convicted of voter fraud. A person has a greater chance of being hit by lightning than of voting improperly. The Orange County Registrar of Voter's Office has ample measures in place to detect potential ballot irregularities. Monitoring ballot drop boxes wastes taxpayer dollars and has no effect on reducing(non-existent)voter fraud. Disturbingly,there have been several documented instances of voter intimidation and harassment by monitors throughout the country. Instead of providing heightened security, monitors increase the likelihood of voter suppression by deterring voters from dropping ballots off in the secure boxes provided by the County. 3. Increasing the number of in-person polling locations. Absent data that shows there is a need for more in-person polling places in Huntington Beach there is no reason to expend City funds on this. The clear trend in California is to vote by absentee ballot.According to the California Secretary of State's Office,in 2010 57.97%of primary election votes and 48.44%of general election votes were absentee ballots. That number skyrocketed to 91.24%of votes by absentee ballot in the 2022 primary election and 87.52%in the general election. Adding more in-person polling places in Huntington Beach appears to be a problem in search of a solution. 4. Proposed Voting Changes:Conclusion Given the virtually non-existent rate of both in-person and absentee ballot voter fraud and the very real effect the proposed Charter Amendments will have on voter suppression,the only possible reason to enact the proposed Charter Amendment is to keep the current administration in power. Moreover, requiring voter IDs and ballot box monitors is highly likely to result in costly legal challenges against the City. Changing the Requirements for City Clerk The City currently requires that the City Clerk hold a bachelor's degree in business, public administration, or a related field. The clerk must also hold certification as a municipal clerk or obtain certification within the first three years in office. These requirements ensure that qualified people oversee this office. The proposed Charter Amendments modify the requirements,allowing the Clerk to have earned a four- year bachelor's degree in any discipline, no matter how unrelated to municipal governance. According to several local newspaper reports,the City Attorney's wife has indicated she is interested in running for City Clerk.She reportedly lacks the qualifications currently required for the position. If true, the proposed changes appear to be based on nepotism rather than the best interests of City governance. Cost of Placing the Proposed Amendments on the Ballot The Orange County Registrar of Voters estimates that placing the proposed Charter Amendments on the March 2024 California primary election ballot will cost more than$300,000 for each measure. Conclusion We urge the City Council to oppose the proposed Charter Amendments. They are unnecessary, expensive,and most importantly,they are an assault on our democratic values that hold dear the right of all eligible people to be free of voter suppression measures. Switzer, Donna From: West Coast <coastw753@gmail.com> Sent: Tuesday, September 19, 2023 3:16 PM To: CITY COUNCIL(INCL. CMO STAFF); supplementalcomm@surfcity-hb.org Subject: Bike Lanes &Charter Meetings Dear City Council, I am writing to you in support of upgrading our bike lanes, crosswalks, and other non-motorway trails throughout the city. What was done on Warner between Algonquin and PCH should be the norm for all bike lanes in HB. People should be able to walk and bike safely throughout our city, and at present, that is not the case. Bike lines are narrow and unprotected. It's dangerous for children to bike to school. If you want to protect the children,this is one way to actually do it. 0101, I'm also writing to express my disappointment with Tony Strickland, and how he handled the first charter review meeting. We all saw the vote on the last council meeting- it was moved and seconded by the council -the discussion leading up to the vote was specifically setting up the charter meeting's structure &you ALL agreed to have 3 minutes per person public comments, then council would discuss what they heard, and finally the public would have another one minute per person to comment afterwards. This structure was even confirmed by staff in their comments/ presentation on the date of the meeting itself. (Check the video) At the charter review meeting,the majority of public comments were staunchly against the proposed amendments. But Tony didn't want to talk about any of it. Why? In fact the public frequently speaks out against matters proposed by members of this council (Gracey's library policy for example), yet the majority members seem to only vote for the interests and whims of those who donate to their campaigns - regardless of input from the public at large. Why is that? Although I was not able to be at the last charter meeting, I am a 20 year HB resident and absolutely agree that these charter amendments are not needed. Please abandon this endeavor and focus on bike lanes and potholes. You're creating a problem to fix, and giving way too much control to the City Attorney's office. 1 Switzer, Donna From: Leslie Golson <lesliegolson@verizon.net> Sent: Tuesday, September 19, 2023 1:28 PM To: supplementalcomm@surfcity-hb.org Subject: Charter Changes September 19, 2023 To Members of my Huntington Beach City Council, You have been elected to govern our city, not to wage culture wars. Mayor Strickland, you were elected on a promise to save taxpayer money. So far, this council majority has done nothing but spend our money on frivolous lawsuits and paybacks to political allies. I am speaking of going up against state mandates for public health and affordable housing. Now you propose spending millions of my dollars on changing the city charter to support your whims. I am vehemently opposed to these changes. I will not be attending more city council meetings as you have made it abundantly clear that you do not listen to your constituents, the majority of whom speak against your self-aggrandizing posturing in support of fascist restrictions to free speech. Here I refer to book banning at our award-winning library and flag raising at city hall. Let the record show that I am against City Charter changes, that I am against lawsuits against the State of California, that I am against city council rulings about free speech. Thank you, Leslie Golson 30 year Resident and Voter 8462 Danbury Circle Huntington Beach CA 92646 i Switzer, Donna From: Ted Ross <tedross_0077@msn.com> Sent: Monday, September 18, 2023 2:52 PM To: supplementalcomm@surfcity-hb.org; Strickland, Tony; McKeon, Casey; Van Der Mark, Gracey; Burns, Pat Subject: Supplemental Communications - Charter Amendments or Recommendations Huntington Beach City Proposed Charter Amendments Citizen Straw vote Require voter ID for Elections, more in-person voting locations, and monitoring of drop boxes. Too costly to duplicate OC County Clerk's authorized duties - Disapprove 2. Clarify that voters elect City Attorney as the City's legal counsel free from interference from City Officials and clarify budget authority for the City Attorney's office. Recommend you clarify only that the City Attorney is the sole City legal Counsel and omit any budget control statements - Disapprove - Stop potential political wrongdoing by requiring alleged malfeasance by a City Official be investigated by outside agencies. Way to sweeping scope that requires clearly stated definitions - Disapprove 4. Provide that the only flags that shall be displayed by the City-on-City property are: United States, County of Orange, City of Huntington Beach Flags, and the POW Flag and Flags of the Armed Forces — Requires California State Flag be added — Approve with added edit 5. Require the City to adopt a Two-Year Budget— Approve 6. Move the City Clerk and City Treasurer elections to the Gubernatorial election cycle — Recommend they both be move to the Primary election to increase voter likely participation - Disapprove 7. Require voter approval of any City transaction that forgives, waives, or foregoes the collection of property taxes in excess of $100,000 per year, except acquisition of property for parks or infrastructure; update exceptions to Section 612 (Measure C) to allow certain children's playground equipment, park-related utility structures and public restrooms to be built or improved without limitation. Way too confusing as written but intention is valid —Approve with editing to clarify 8. Update the procedures to cancel a regular City Council Meeting — Needs more definition for how this will improve exiting procedures —Approve Recommended added Charter Amendments 1. When vacancies occur for City Council members, they shall be replaced by the electorate at the next regular statewide election 2 Switzer, Donna From: Betty Kanne <bettykanne@hotmail.com> Sent: Wednesday, September 20, 2023 8:29 AM To: CITY COUNCIL(INCL. CMO STAFF); supplementalcomm@surfcity-hb.org Subject: Reject Charter Change Proposals 9/20/23 Council Member, I have a very simple and straightforward suggestion that you can act on immediately. Cut bait,quit while you're ahead. Swallow your pride and admit that you misjudged the city's appetite for wholesale Charter change.Admit you squeaked into office with your 12 or 13 total percentage of the vote in fact BECAUSE of your promise NOT to change the Charter.You really Jumped the Shark with these ELEVEN initiatives stuffed neatly into three sweet and sour dumplings each with its own poison pill tucked inside.We are NOT buying it! You openly admit that these would not,could not,survive the public scrutiny of the November General Election. This rush to the alter,this shotgun wedding rush to the March Primary with its meager participation is shameful. This roll of the dice,knowing that the Republic Primary in March will be dominated by right wing voters is a damnable travesty. The rushed,shotgun wedding as satisfying as it may be,will end in a bitter and exceedingly expensive divorce.The butcher's bill for establishing our own proprietary election mechanism and surviving the raft of lawsuits that will surely follow will surely live to haunt you! Spare us and spare yourself the national ridicule that your series of Culture War initiatives have already engendered. You Four have done NOTHING for our city since you stepped into office except Performance Politics,Culture War initiatives and a concerted exercise of punishing the meek and disenfranchised.The weakest in our community are continually targeted by your cruelty.Stop your malfeasance,drop every one of these ill-conceived proposals and get back to your real job of serving,not exploiting this community. Do something useful.Listen to the people.Vote each of these proposals down,immediately and focus your attention on the true problems confronting our city. Betty Kanne Huntington Beach (40+year HB resident,homeowner,voter) bettykanne@hotmail.com 1 From: it Ross To: 5uoolementalcommAsurfcity-hb,orq;CITY COUNCIL(INCL.CMO STAFF) Subject: Proposed City Charter Amendments-September 21,2023 Council Meeting Date: Wednesday,September 20,2023 5:04:45 PM To the Mayor,City Council and City Attorney: 1. Please don't attempt to reduce qualifications for City Clerk. It's insulting to the City Clerk profession and also to our esteemed City Clerk Robin Estanislau. Robin worked hard to earn the requirements to qualify for the elected City Clerk position. As a result,Robin is educated and knowledgeable. She is an outstanding,remarkable City Clerk and Department Head and Elected Official. City Clerk duties are not simple,they're complicated. City Clerks are non-partisan. Lowering standards for this vital and complex position doesn't make sense. Why would this be a Council priority? 2. The Orange County Registrar of Voters is an election expert. For decades,his entire staff has performed a thorough,honest and outstanding job. These people know what they're doing. Elections have many complicated facets. Local stand-alone elections are expensive,very difficult to manage and unnecessary. Please let the experts do their job. 3. Voter ID is validated through voter registration and the County Registrar's top notch comprehensive oversight. If a ballot is irregular the ballot is rejected. Voter ID at the polls is unnecessary. There's no evidence of voting discrepancies that would justify this proposed amendment. 4. Please do not attempt to change the election cycle for the City Clerk and City Treasurer. We don't need 70% newly elected officials at the same time. We need less,not more,brain drain at City Hall. Upending the current staggered cycle doesn't make sense. 5. We've recently experienced unprecedented and overwhelming citizen input. It appears most Huntington Beach citizens are opposed to the lengthy list of proposed Charter amendments. Bundling the list of proposed amendments is a hodgepodge and confusing to voters. Is this what's best for our city? Sincerely, Rebecca Ross Retired Huntington Beach Senior Deputy City Clerk and Certified Municipal Clerk 52-year Huntington Beach resident From: Ted Ross To: suoolementalcomm(a surfcity-hb.orq Subject: Charter Review Proposed added Item Date: Wednesday,September 20,2023 5:55:57 PM Reference: #23-807 Propose that you add to the Huntington Beach City Charter a provision that provides in the event of a Council members'vacancy that the Council member is replaced by voter elected representative. Sent from my iPhone Ted Ross Huntington Beach resident From: Paula Shawa To: 5uoolementalcommCo�surfcity-hb,orq Subject: Proposed charter amendments and charter amendment process-Sept.21 Special Meeting Date: Wednesday,September 20,2023 6:01:22 PM To Whom It May Concern, These proposed charter amendments are not needed and will cost money, time and resources. The longer this far right majority City Council, led by the City Attorney, is in office the worse the oversight and management of the city gets. So sad. Paula Shawa, 16822 Edgewater Lane, HB From: brad Bergeland To: 5uoolementalcomn a surfcity-hb,orq Subject: 21 September 2023 City Council discussion of 05 Sept 23 Agenda item 30(23-700) Date: Wednesday,September 20,2023 6:10:43 PM City Council members, This is to document my opposition to the subject Agenda Item 30 (23-700)currently under discussion with the public. In this agenda item,the city council is considering the submission of 3 ballot measures encompassing a proposed 10 Charter Amendments. The proposal is to have the 3 ballot measures included on the March 2024 Primary ballot. None of the 3 ballot measures with the 10 Charter Amendments should be approved to be added to the primary election ballot for the following reasons: - There is no apparent huge public call for any of these measures. How do any of these amendments benefit the total citizenry of Huntington Beach?The newly-elected 4 members of the council majority ran campaigns on no changes to the charter. Who authored each of the 10 amendments?Whose idea was each of these amendments and what is the reason/rationale/thinking process behind each one? - Let's save the estimated cost of$1.2 million to Huntington Beach taxpayers -Even the allocation of the 10 amendments amongst the 3 measures is convoluted. Each measure has multiple,unrelated amendments. This makes no sense. A YES or NO vote on a measure results in acceptance or rejection of all amendments within that measure, regardless of your position on each amendment. I implore the city council to withdraw Agenda Item 30 (23-700) completely. There is no sufficient reason to amend the city charter with anything that is proposed in the 3 measures. Thank you in advance for your consideration to withdraw this agenda item. I have faith that you will genuinely consider my input,as well as the feedback from so many of your constituents. Brad Bergeland 37 year resident of Huntington Beach From: Dora Dederserl To: CITY COUNCIL(INCL.CMO STAFF);5uoolementalcomm(alsurfcity-hb.orq Subject: Charter Amendments Date: Wednesday,September 20,2023 6:15:59 PM As a mother of two grown successful professional children raised in Huntington Beach, I will always be grateful for the assistance of public librarians. My children read years above grade level and relied on the librarians and me to find books that encourage thinking, questioning, and new ideas. I am immensely grateful to our public libraries. They helped my children create their own paths in life. Protect the integnty of our public libraries. Don't mess with the charter. Nora Pedersen Huntington Beach From: Douglas Hart To: suoolementalcomm@ surfcity-hb.orq;CITY COUNCIL(INCL.CMO STAFF) Subject: Comments on RCA Analysis of City Charter Amendments Date: Wednesday,September 20,2023 6:50:54 PM I am writing with regard to the RCA analysis performed by the City Staff of the proposed Charter Amendments that the Council plans to put on the ballot in March 2024. From the thorough analysis of the proposed City Charter Amendments, there are potentially large costs to the citizens of Huntington Beach to implement many of these Charter Amendments. Furthermore, in the case of several of the Amendments, the cost impact from this analysis is unknown. The amendments with regard to the City Attorney's office budget is worrisome, given the fixed nature of the limits in cuts to that budget. As has been pointed out at several of the City Council meetings, there is a projected deficit in the City budget in the next few years. The addition of potentially costly changes to the Charter and a largely fixed budget of the City Attorney could lead to severe cuts in City services. The RCA also notes that several of the proposed Charter changes are poorly worded and were confusing as to their intent, making analysis difficult. If the City Staff is having trouble understanding these proposed Amendments, the voters are really going to have problems trying to decide on whether or not to approve them. Given all of this, I believe that the Council needs to table these proposed Amendments due to cost and vagueness. There is no rush to get these on the ballot since none of them solve a pressing City problem. Please withdraw them. Douglas Hart 5221 Chadwick Drive Huntington Beach, CA 92649 From: Kathy McGuire To: supplementalcomm@ surfcity-hb.orq Subject: No Charter Amendments Date: Wednesday,September 20,2023 8:26:03 PM The proposed Charter amendments are unnecessary and expensive. We don't have election fraud; our yearly budget process is working just fine; the qualifications for our city clerk are the standard ones and guarantee a professional city clerk. 1.2 million dollars for what? None of this is needed. Vote NO on all of the amendments. Sincerely, Kathy McGuire From: Carol Daus To: guonlementalcommaa surfcity-hb.orQ;CITY COUNCIL(INCL.CMO STAFF) Subject: In Opposition to Proposed Charter Amendments-City Clerk position and Voting Date: Wednesday,September 20,2023 9:37:37 PM Dear Council Members, I am in opposition to the charter amendments as a whole because I feel it's a sneaky move on the part of the majority council members who claimed they wouldn't make amendments to our charter, let alone add them to a March ballot that results in$1.2 million in costs to HB residents. In June,you almost closed the library branches and eliminated other vital services, but now you want to add unnecessary and costly ballot measures to change our city charter? Why this reckless spending without serious discussion in the form of a public commission? I was appalled by your first public meeting last Thursday. It was totally disorganized and you didn't discuss any of the points that residents made. You work for us! Let us have a say, especially if you're going to do something as drastic as change our city charter! You need to provide a detailed cost analysis at tomorrow's meeting. There has been no election fraud, so why create a situation to fix a non-problem. Adding polling places makes no sense when the vast majority are mailing their ballots. You need to show us specific examples of election fraud in previous elections at tomorrow's meeting. You also need to show us how much it will cost to add polling places,train poll workers, hire poll watchers, add cameras, and administrate voter IDs. Why cut the requirements for the City Clerk's job? This is a very important job. The City Clerk is a stabilizing force in a city government; they provide vast experience and institutional knowledge. Finally, even if you push forward with this,you need to organize and write the ballot measures in a way that makes sense. They're unclear and poorly worded! You may think that you're moving our city in the right direction,but I'm finding in conversations with both Republicans and Democrats around town that you're actually weakening our city with some of these extreme measures. Many who voted for the majority 4 are telling me never again. Carol Daus Huntington Beach resident 28 years From: Lee Marie Sanchez To: CITY COUNCIL(INCL.CMO STAFF); supplementalcommCasurfcity-hb.orq Subject: HUNTINGTON BEACH CITY COUNCIL MEETING Thursday,SEPTEMBER 21,2023 Date: Wednesday,September 20,2023 9:38:30 PM Dear Members of the Huntington Beach City Council N I want to express my feelings considering the Council meeting last week and going forward. It was obvious that an overwhelming majority (34 of 39 speakers) of those who came to speak were not in favor of the proposed changes to the City Charter. It appeared that, save three of our Council members, none of the others were prepared to respond to our citizen's concerns. It was an embarrassment for our city that last week's meeting was not what was promised I dearly hope this will not be the case for the next three meetings. It was unprofessional, rude and very disappointing. I have been attending most of the recent council meetings and, while I may not be able to be there for every meeting, I am watching them online, will be waiting for news reports, and I'll be voting. N Thank you, Lee Marie Sanchez whose family has lived in Huntington Beach over 50 years. From: Deborah Addy To: suooIementalcomm@ surfcity-hb.orq;CITY COUNCIL(INCL.CM0 STAFF) Subject: Proposed Charter Amendments Date: Wednesday,September 20,2023 10:11:41 PM Dear Huntington Beach City Council, I have been a resident and homeowner in Huntington Beach for much of my life, and I love this city because this is where I grew up during the sixties and seventies. However, I would like to express my frustration and concern that some in this council are attempting to fundamentally change the city that I love so much. I have been watching as we are losing our inclusiveness a piece at a time (why exactly did we have to stop flying the Pride Flag?) and as there are attempts in the council to exert controls that are beyond the scope of their elected positions. I fear that the proposed changes to the City Charter are taking us in the restrictive, suppressive direction that has become the terrifying norm in Florida. We are not like that in Huntington Beach; we have always been better than that! The City Council works for the people of Huntington Beach, and some of the changes proposed for the City Charter are unnecessary and may even be illegal and undemocratic. We do not need Voter ID for elections - California has a wonderful and successful voter program in place. Poll Watchers at ballot drop off locations smack of intimidation and voter suppression. We do not need to change terms or election cycles or accountability or lower qualifications for elected officials. We need not spend additional money on local elections. We do need our City Council to uphold the basic principles of good governance and maintain Surf City's history of inclusivity and freedom. Thank you for your time, Deborah Addy From: Dennis Pampas To: 5uDDlementalcommsurfcity-hb.orq Cc: Dennis Pappas Subject: Support of Charter Proposals and Summary Patricia Pappas Date: Wednesday,September 20,2023 11:17:35 PM From: Patricia Pappas 43 Year Resident September 20, 2023 Honorable Mayor Tony Strickland Mayor Pro Tern Gracey Van Der Mark Council Member Pat Burns Council Member Casey McKeon Council Member Dan Kalmick Council Member Natalie Moser Council Member Rhonda Bolton Memo regarding: Huntington Beach City Charter Proposals and Charter Council Ad Hoc Committee Summary As a longtime resident of Huntington Beach and caring citizen I must tell you I was so pleased to re-read the proposed charter changes and the attached Ad Hoc Committee summary. I so appreciated the very public explanation supporting reasons and recommendations given to making constructive long lasting positive change to the charter. I will just mention a few that are at the top of my list. Voter id shown at the polling places. I have observed at the Orange County Registrar of Voters and have viewed the absolute flurry of activity as trained staff/volunteers attempted to make sense of and verify voter signatures on ballots. Voters were contacted eventually if their signature could not be verified. I totally support that the elected city attorney,whom ever that may be is elected by the Huntington Beach voters and should be the one to handle all legal matters. The City Council should not be able to outsource legal teams for their own benefit. Again,the City Attorney is voted in by election of the people. City Clerk qualifications need to be corrected based on current standards, qualifications, and available university degrees. Love the flag policy as it is very inclusive based on government needs. Seems like a two-year budget makes for good planning. Never again let the city council decide upon a bond without a vote by the residents. The Elan/Beachwalk"deal"has caused us to lose 500 thousand dollars per year of taxes. This could have gone to our schools. I am so pleased to support the Charter Proposals measures. Please vote yes and please place on ballot. Thank you, Patricia Pappas From: onewildart To: 5uooIementaIcommCasurfcity-hb.orq Subject: We want ANSWERS Date: Thursday,September 21,2023 12:40:51 AM Huntington Beach citizens take time out of their busy lives to come to meetings and discussion sessions to give your their input and because they want ANSWERS....so please give them the courtesy of information. Why was it necessary to change the City Charter? On voting....it wasn't broke,so stop trying to make it a problem we don't have. The mask mandate issue....you're not doctors or public health professionals so leave it to them. Rewording the human dignity document....why?And why such a pathetic watered down version?Your biases come thru loud and clear. Leave our libraries to run efficiently like they have for years.Trust our librarians to do their jobs.Stop fomenting trouble where none exists. DO YOUR JOB! Answer your constituents and show us you care about our city.We are watching and listening. Trudy Roe Sent from my iPad From: Tony Daus To: suoolementalcomm(&surfcity-hb.orq;CITY COUNCIL(INCL.CMO STAFF) Subject: In Opposition to the Proposed Charter Amendments regarding City Clerk and Voting Date: Thursday,September 21,2023 5:17:55 AM Council Members, As a proud 28-year resident of Huntington Beach, I am disheartened by the direction that this City Council has taken on so many issues led by the Majority 4. With so many important issues that the City Council should be addressing, valuable time and resources are being spent addressing "problems" that exist only in the minds of the Majority 4 led by Mr. Strickland. I am in complete opposition to the charter amendments as a whole because they are unnecessary and ill-conceived. City Clerk's Job: Why "dumb down" the City Clerk's job? Don't the citizens deserve the most qualified person for the position? Is there trouble finding qualified individuals to run for the position? There have been no facts to support this modification to the qualifications. I prefer the most intelligent, well-prepared, qualified individual for each and every City position. It seems that there is another agenda underlying this push to change the position requirements. Voting Places & Requirements: Is there something here that needs fixing? No data has been provided that document any voter fraud, much less potential voter fraud that could influence the outcome of an election. What will these changes cost? The citizens of Huntington Beach need to see specific examples of election fraud in previous elections at tonight's meeting. You also need to show us how much it will cost to add polling places, train poll workers, hire poll watchers, add cameras, and administrate voter IDs. The City Council needs to be good stewards of the City's resources and stop spending the valuable time and money on frivolous, unsupported tasks like these charter amendments. Tony Daus Switzer, Donna From: Melanie Bergeland <melbergeland@gmail.com> Sent: Thursday, September 21, 2023 7:52 AM To: supplementalcomm@surfcity-hb.org; CITY COUNCIL(INCL. CMO STAFF) Subject: HUNTINGTON BEACH CITY COUNCIL MEETING Thursday, SEPTEMBER 21, 2023 Members of the Huntington Beach City Council I want to express my feelings considering the Council meeting last week. It was obvious that an overwhelming majority who came to speak were not in favor of the proposed changes to the City Charter. It appeared that not all of the Council members were prepared to respond to our citizen's concerns. It was embarrassing and disappointing that last week's meeting was not what was promised . I hope this will not be the case for the future meetings. It was unprofessional, rude and very disappointing . I have been attending the recent council meetings and watching them online. I am also encouraging others to express their opinions and feelings at each and every meeting and in writing . Sincerely, Melanie Bergeland 1 From: annettebermanfa twc.com To: suDDlementalcommC)surfcity-hb.orq Subject: Changes to City Charter Date: Thursday, September 21,2023 8:08:43 AM Dear Council Members, Please do not place proposed amendments on the March Ballot. These proposals create problems where there aren't any. The Orange County Registrar of Voters has done an excellent job. There is no need for voter ID at polling places. I cannot imagine why you would want to lower the standards for City Clerk. Giving complete autonomy to the City Attorney is a method of asking for trouble. Sincerely, Annette Berman From: Janet Michels To: 5uoolementalcommasurfcity-hb.orq;CITY COUNCIL(INCL.CMO STAFF) Subject: Huntington Beach Charter Amendment recommendations-Vote NO! Date: Thursday,September 21,2023 8:08:53 AM Dear City Council, I am writing to express my concern and ask for your No vote for the recommended charter amendments. The process of changes to the CIty Charter is a serious one, and should be undertaken in a manner that has a broad range of participation from the community, with a variety of expertise and opinion, and facilitated by a person with expertise in city charters. It is disappointing that a few council members have made these recommendations without real input, expertise or thoughtfulness as to the implications to the city's future. It appears that these changes are being made to further the political futures of a few. The "optics" , as one of you said, are very bad and further polarizes this community. Please re-consider and do not proceed with these changes. Vote NO. Thank you. Janet and Mike Michels 28 year HB resident Janet Michels 714.448.3095 From: Andrew Mills To: 5uoolementalcomm4surfcity-hb,orq;CITY COUNCIL(INCL,CMO STAFF) Subject: Flag Date: Thursday,September 21,2023 8:16:35 AM City Council, Let me get this straight. Our Japanese sister city visited us. Because of your closed-minded flag policies, we refused to fly their flag in honor of our relationship. It seemed to be more important to the majority four to limit our flag flying so we can avoid flying the Pride Flag supporting the LGBTQI in our community. In this arrogance,we have insulted our very special guests,made ourselves a spectacle and put a new dent in our fragile Huntington Beach democracy. Andrew Mills Resident, Huntington Beach From: Levin.Shannon To: 5uoolementalcommAsurfcity-hb.orq Subject: FW: Proposed Changes to City Charter Date: Thursday,September 21,2023 8:18:35 AM From: annetteberman@twc.com <annetteberman@twc.com> Sent:Thursday, September 21, 2023 8:14 AM To: CITY COUNCIL(INCL. CMG STAFF) <city.council@surfcity-hb.org> Subject: Proposed Changes to City Charter Dear Council Members, Please do not place proposed amendments on the March Ballot. These proposals create problems where there aren't any. The Orange County Registrar of Voters has done an excellent job. There is no need for voter ID at polling places. I cannot imagine why you would want to lower the standards for City Clerk. Giving complete autonomy to the City Attorney is a method of asking for trouble. Sincerely, Annette Berman From: Levin.Shannon To: uoolementalcommCalsurfcity-hb.orq Subject: FW: Changing The Charter Date: Thursday,September 21,2023 8:18:47 AM From: HAROLD AND CHERYL COOK<ramstock1971@msn.com> Sent:Thursday, September 21, 2023 7:57 AM To: CITY COUNCIL(INCL. CMO STAFF) <city.council@surfcity-hb.org> Subject: Changing The Charter We are against changing the charter. We are against spending our taxpayers dollars on putting frivolous Charter Amendments on the March 2024 ballot. The city funds should be used for the most prudent reasons for all of its citizens not for the few that want to exploit for their own personal gain. We want our opinions to be a part of the minutes for the 9/21/23 City Council meeting. Sent from Mail for Windows Switzer, Donna From: Levin, Shannon Sent: Thursday, September 21, 2023 8:20 AM To: supplementalcomm@surfcity-hb.org Subject: FW: Charter Amendments et al Attachments: Charter Amendments et al From: Kathy Dowling<kathyldowling@msn.com> Sent:Thursday,September 21, 2023 3:30 AM To: CITY COUNCIL(INCL. CMO STAFF)<city.council@surfcity-hb.org> Subject: FW: Charter Amendments et al Sent from Mail for Windows • Contact the recipient by some other means (by phone, for example) to confirm you're using the right address. Ask them if they've set up an email forwarding rule that could be forwarding your message to an incorrect address. If you're still unable to fix the problem, ask the recipient to tell their email admin about the problem, and give them the server that reported the error below. For Email Admins When Office 365 tried to send the message, the external email server returned the error below. 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boundary="_000_BL1PR19MB574664013B2796AEAC2466BCEBF8ABL1PR19MB5746namp_" MIME-Version: 1.0 X-OriginatorOrg: sct-15-20-4755-11-msonline-outlook-e7757.templateTenant X-MS-Exchange-CrossTenant-AuthAs: Internal X-MS-Exchange-CrossTenant-AuthSource: BL1PR19MB5746.namprdl9.prod.outlook.com X-MS-Exchange-CrossTenant-RMS-PersistedConsumerOrg: 00000000-0000-0000-0000-000000000000 X-MS-Exchange-CrossTenant-Network-Message-Id: fbaebbe5-57cd-4c8f-1a40-08dbba8c5dc3 X-MS-Exchange-CrossTenant-originalarrivaltime: 21 Sep 2023 10:20:23.3767 (UTC) X-MS-Exchange-CrossTenant-fromentityheader: Hosted X-MS-Exchange-CrossTenant-id: 84df9e7f-e9f6-40af-b435-aaaaaaaaaaaa X-MS-Exchange-CrossTenant-rms-persistedconsumerorg: 00000000-0000-0000-0000-000000000000 3 X-MS-Exchange-Transport-CrossTenantHeadersStamped: BLAPR19MB4244 4 Switzer, Donna From: Kathy Dowling <kathyldowling@msn.com> Sent: Thursday, September 21, 2023 3:20 AM To: citycouncil@surfcity-hb.org Subject: Charter Amendments et al As a long time resident of HB, 51 years, I must comment on your proposed changes to our city Charter. I will also address other concerns. I hope this is not an futile exercise. 1. Why do you want to make changes to the Charter? People ask the questions and no answers are given. 2. Do you have an RFP for holding elections locally? I think the $1.2 million is an incorrect number. Machines, ballots, labor costs, etc. 3. Why are you changing the voting dates and terms? 4. Changing Job Descriptions to fit an unqualified candidate is just a sign of poor management. I have researched City Clerk job descriptions for Long Beach, Newport Beach and Laguna Beach.The summary was, "most city clerks have a Bachelor's Degree in Business Administration or Public Administration.The required education and experience can vary depending on the city,as large cities want clerks with more advanced degrees and experience". This makes sense,we are a large city. 5. The City Attorney- Mr. Gates has been aligned with the Fab 4 and seems to have lost his way. You gave him a pay raise, without a salary survey to show cause. Now it seems you want him to be unaccountable to anyone and giving him complete budgetary control. This is not good for Mr. Gates or the citizens of HB. You have changed your campaign positions,dramatically and it seems you have very little, if any interest in how we feel about your poor ideas. My fear is,that this is a ill-conceived plan on your part and it will end badly. And Sent from Mail for Windows 1 From: Levin.Shannon To: suoolementalcommCo surfcity-hb.orq Subject: FW:We want Answers Date: Thursday, September 21,2023 8:20:13 AM Original Message From:onewildart(null)<onewildart@aol.com> Sent:Thursday,September 21,2023 12:57 AM To:CITY COUNCIL(INCL.CMO STAFF)<city.council@surfcity-hb.org> Subject:We want Answers Huntington Beach citizens take time out of their busy lives to come to meetings and discussion sessions to give you their input and because they want ANSWERS....so please give them the courtesy of information. Why was it necessary to change the City Charter? On voting....it wasn't broke,so stop trying to make it a problem we don't have. The mask mandate issue....you're not doctors or public health professionals so leave it to them. Rewording the human dignity document....why?And why such a pathetic watered down version?Your biases come thru loud and clear. Leave our libraries to run efficiently like they have for years.Trust our librarians to do their jobs.Stop fomenting trouble where none exists. DO YOUR JOB! Answer your constituents and show us you care about our city. We are watching and listening. Trudy Roe Sent from my iPhone Switzer, Donna From: Fikes, Cathy Sent: Thursday, September 21, 2023 8:39 AM To: Agenda Alerts Subject: FW: Position on Issues From:Jeff LeBoff<Ieboff@verizon.net> Sent:Wednesday,September 20, 2023 2:28 PM To: CITY COUNCIL(INCL. CMO STAFF)<city.council@surfcity-hb.org> Subject: Position on Issues Dear Huntington Beach City Council: There are a number of issues before you, and I would like to expression my position on them. 1.. I oppose declaring Huntington Beach a mask & vaccination free city. Viruses do not just effect individuals, they effect the whole community, and can threaten the human species. That is why we should follow the recommendations of public health officials. They may not know everything and tend to err on the side of caution, but public health is their job. Politicians overreach could be handled on a case-by-case basis. 2. I oppose the proposed voting additions. To my knowledge there is not need for them, and therefore, it is unconscionable to spend tax payers' money on them. 3. I oppose changing the qualifications for the City Clerk's position. Based on what I know, it is uncalled for. 4. I oppose adding the flag policy to the City Charter. While I generally support the flag policy, I think that it should be handled by ordinance. The situation may arise, such as the Olympics, when we would want fly a different flag. 5. I tend to support a 2-year budgeting cycle. I don't know all the arguments for and against, but it makes sense to me. 6. I have no position on the capital spending approval issue, but question whether it needs to be included in the City Charter. Thank you for the opportunity to express my positions. Jeff LeBoff 1 Switzer, Donna From: Fikes, Cathy Sent: Thursday, September 21, 2023 8:39 AM To: ;Agenda Alerts Subject: FW: Changes to our City Charter From: MARILYN Boehm <beachmama7@msn.com> Sent:Wednesday,September 20;2023 5:44 PM To: CITY COUNCIL(INCL. CMO STAFF)<city.council@surfcity-hb.org> Subject:Changes to our City Charter I am adamantly OPPOSED to altering our Charter. It's fair and perfect the way it is. The four new members of the Council are disregarding the wishes of the residents who are happy with it exactly as it is. Why not focus on REAL city business instead of trying,to drum up support for problems that do NOT even exist? Since there is no published agenda items for this hearing, I can only post my opinions on the entire mess. Marilyn Boehm, HB resident i Switzer, Donna From: Fikes, Cathy Sent: Thursday, September 21, 2023 8:40 AM To: Agenda Alerts Subject: FW: No Charter Amendments From: Kathy McGuire<kzm@dslextreme.com> Sent:Wednesday,September 20,,2023 8:29 PM To:CITY COUNCIL(INCL. CMO STAFF)<city.council@surfcity-hb.org> Subject: No Charter Amendments The proposed Charter amendments are unnecessary and expensive. We don't have election fraud; our yearly budget process is working just fine; the qualifications for our city clerk are the standard ones and guarantee a professional city clerk. 1.2 million dollars for what? None of this is needed. Vote NO on all of the amendments. Sincerely, Kathy McGuire i Switzer, Donna From: Fikes, Cathy Sent: Thursday, September 21, 2023 8:40 AM To: Agenda Alerts Subject: FW:Amendments From:Jerry Donohue<outlook_3F76BA7571D23BF1@outlook.com> Sent:Wednesday,September 20, 2023 9:06 PM To: CITY COUNCIL(INCL. CMO STAFF) <city.council@surfcity-hb.org> Subject:Amendments The preponderance of speakers has weighed in on their objections to these charter amendments and especially the lack of transparency that brought them about. Save the taxpayers$1.2 million. Let's get back to discussions about ebikes and city parks. Thank you, Jerry Donohue Sent from Mail for Windows 1 From: Celeste Rvbicki To: suoolementalcommCa surfcity-hb.orq Cc: CITY COUNCIL(INCL.CMO STAFF) Subject: Charter Amendments Special Meeting Date: Thursday, September 21,2023 8:49:05 AM Esteemed city council members, I am writing once again to express my opposition to not only the proposed charter amendments but to the way in which they were brought forth.You've heard from both sides of the aisle that it feels slimy and deceitful and given this initial ick about the process I am very concerned with the way these amendments are going to be arranged on the ballot.I have zero faith that they will be done to achieve a cleaner,better,more functional government,and instead fear they will be cobbled together with other seemingly random items and issues to confuse or force a voters hand.Not cool. I cannot be there in person tonight as it is Back to School Night at my children's school,and I mention this just as an aside to state my support for our city's public schools.If I were there,I would specifically speak on sections 304.b and 309 as they appear to be a blatant power grab by the city attorney who has appeared nothing but disorganized and argumentative all year at these meetings.It would appear by his inflated ego that he has too much power as is. This bleeds into section 310,where the city clerk's qualifications are reduced,seemingly to make it easier for Mr. Gates'wife to run for the position.I understand she has paused her candidacy for now because it was so obvious to the general public,but this doesn't mean she won't immediately pick up and run once they feel the dust has settled.I really don't understand this council majority's inclination to bend to the city attorney's whims.It all seems very fishy and section 314 makes it seems that much worse. Maybe I'm misreading it misunderstanding somethings here,because this is A LOT of information you four were planning on just pushing through to the ballot,but it would appear you are collectively trying to dismantle any real checks and balances on yourselves and instead give yourselves ultimate power to push through your faux-culture war political theater at the expense of any improvements to our fine city.I don't like it.I don't like any of it. Thank you, Celeste HB resident and mother of 3 From: Steven C Shepherd Architect To: 5uoolementalcomm asurfcity-hb.orq;CITY COUNCIL(INCL,CMO STAFF) Subject: OPPOSED TO THE PROPOSED CHARTER AMENDMENTS&THIS DEEPLY FLAWED PROCESS Date: Thursday,September 21,2023 8:53:50 AM Our family opposes all the proposed City Charter Amendments both in terms of their substance and based on the deeply flawed process employed to bring these proposals forward. In completely ignoring the recommendations and efforts of last year's resident-led Charter Revision Committee, you insult our community's intelligence and undermine trust in competent local governance. Steve Shepherd Huntington Beach, CA 92646 Switzer, Donna From: Bev Sansone <drsansone001 @gmail.com> Sent: Thursday, September 21, 2023 8:56 AM To: supplementalcomm@surfcity-hb.org Subject: Charter amendments City Council members: I have been a resident of Huntington Beach since 1996. I would like to express that I am against all three charter amendments. Thank you, Beverly Sansone 1 Switzer, Donna From: Fikes, Cathy Sent: Thursday, September 21, 2023 9:03 AM To: Agenda Alerts Subject: FW:Charter Amendments - Statement re City Attorney authority; Primary Election Ballot;Late notice of Special Meeting; From: Paula Schaefer<pas92649@gmail.com> Sent:Thursday,September 21, 2023 9:00 AM To:CITY COUNCIL(INCL. CMO STAFF)<city.council@surfcity-hb.org>; city.manager@surfcity-hb.org; city.attorney@surfcity-hb.org Subject:Charter Amendments-Statement re City Attorney authority; Primary Election Ballot;Late notice of Special Meeting; Members of the City Council, City Manager, and City Attorney: 1. Why would you as elected officials restrict your authority to obtain appropriate legal counsel? I believe that the statement in the Ad Hoc committee's on the proposed revisions to Charter# 304 and#309 is inaccurate. The proposed change DOES give the City Attorney something new and does NOT clarify the role of the City Attorney. Yes,the City Attorney is the designated attorney for the City but that does not require that the person in that office be the EXCLUSIVE legal counsel for the City. There may be - and likely will be - conflicts of interest between the interests of the City and the City Attorney. The current and future City Council members must be able to obtain legal advice from other legal counsel who do not have a conflict of interest. The Ad Hoc committee's report does not cite the State law nor the State Bar of California rule that it relied upon. At this evening's meeting,these should be discussed in detail. I will be attending the meeting and will request that this information be provided. 2. Primary Ballot I believe that the proposed Charter Amendments must be on the statewide general election ballot to comply with Elections Code sections 1415, 9255 and Government Code section 34458. A careful reading of these statutes clearly states that these amendments be on a "statewide general election ballot". At this evening's meeting, I request that the analysis of these statutes be discussed. 3. Late Notice of Special Meeting It was disconcerting to see that the Agenda for this evening's meeting was not published until approximately 6 pm- less than 24 hours prior to the meeting. This late notice gives residents of Huntington Beach little time to review the materials provided. 1 Paula A. Schaefer 2 Switzer, Donna From: dfgbentley@gmail.com Sent: Thursday, September 21, 2023 8:59 AM To: supplementalcomm@surfcity-hb.org Cc: dfgbentley@gmail.com Subject: Proposed City Charter Changes The City Council majority ran on a platform of NO changes to the City Charter.Yet, here we are,just a few months into their term,facing MAJOR changes to the City Charter! WHY?One can only assume that they were lying about their intentions for the City Charter. Now that they can force their will on the citizens of Huntington Beach,they are planning to spend millions of city dollars on a ballot measure to create UNNECESSARY and UNWANTED changes to the way the HB citizens vote,the way we elect local officials, and the way we show care and support for all of our citizens.STOP! 1 Switzer, Donna From: Scott Malabarba <scott@malabarba.org> Sent: Thursday, September 21, 2023 9:00 AM To: CITY COUNCIL(INCL. CMO STAFF);supplementalcomm@surfcity-hb.org Subject: in continued opposition to proposed charter amendments Dear Huntington Beach City Council, Council members Moser, Bolton, and Kalmick, as always,thank you for your continued good work. Unfortunately I have commitments on Thursday evenings and am unable to attend these meetings in person. However, I must voice again my opposition to these proposed amendments. I have learned,from attending recent council meetings and viewing the recordings of those that I could not attend,that Huntington Beach is blessed with a number of articulate, passionate,and extremely well-educated citizens who have shared their knowledge with the council and fellow residents.We've learned how excellent Orange County's election system truly is, compared to others.This was not a surprise to me--while in deep South red states people wait all day in the hot sun to exercise their fundamental right to a voice in government, here we take a few minutes to fill out a ballot and drop it in a box on the way to work.We've learned how complex and critical is the office of city clerk. We've learned details of the city budget, procedures, contracts, and volunteer committees. All of these voices have spoken urgently against the proposed charter amendments.Conversely, in support of the amendments, I heard nothing but(at best) robotic repetition of stale right-wing election conspiracy talking points. I would hope that city council members have the humility to learn from their constituents as well. Over and over we are hearing that these amendments"fix"things that aren't broken, and that they were not authored in a good faith to fix anything. Last week I wrote about the deceptive and manipulate structure of the proposed ballot measures, as well as the lack of trust in the current majority caused by repeated and blatant inconsistency in principals and action and in statements and actions that directly attempt to harm some of your own citizens.Other speakers, I was pleased to see, called out these same problems. I hope their voices have been heard and made some impression on at least one of you. I see that a summary of the ad hoc committee's work has recently been posted. I didn't have time to dissect this before now, but will certainly do so before next week's meeting.At a scan, it appears to weaken some of the original proposals, and contain language that appears to be contradictory to the original justification--for example,that voter fraud is widespread in the county-run election system. If this defense was meant to decrease the mistrust many of us now feel toward the council majority,then I'm afraid it's only doing the opposite. Another trend I see in the proposed amendments is that the current majority is not content to change the council's focus from governing to culture wars and their own power. Now you are attempting to make it more difficult for future councils to govern.That can only end badly. Regards, Scott Malabarba 1 HB resident since 2003 2 From: Fikes.Cathy To: Agenda Alerts Subject: FW:Comments on Proposed Charter Amendments Date: Thursday,September 21,2023 2:02:12 PM From:Julie Hampel <julie.hampel4@gmail.com> Sent:Thursday, September 21, 2023 11:14 AM To: CITY COUNCIL(INCL. CMG STAFF) <city.council@surfcity-hb.org> Subject: Comments on Proposed Charter Amendments Dear Huntington Beach City Council: I oppose all topics listed under Item 23-807 to include: Voting, City Attorney, City Clerk, Investigations of Malfeasance, Flags, Biennial Budget, Clerk and Treasurer Election Cycle, and Property Tax Real Estate Transactions. I'm disappointed in the lack of detail as well as a thorough understanding of what a "Statement of Issue" should be for the changes the City Council is proposing. First, the 'Ad hoc Committee's' (term used loosely since a real Ad hoc Committee is a temporary group typically composed of non-voting members —your Committee members are elected officials and vote) has yet to define a problem that needs fixing. Not one issue (Issue is defined below) has been identified. Secondly, a Statement of Issue must clarify what the problem might be or the question that needs to be answered by the proposed Charter Changes. The City Council provides their reasons for the proposed changes but no problem is provided that these changes would resolve. The identification of a problem is fully and completely missing. Alignment is not an issue. It is a reason and is your Committee's reason, but NOT the issue. If no problem exists. then no changes are necessary. Strangely, it takes a unanimous vote to fly a flag yet voting on placing these fiscal- impacting Charter Amendments on a ballot only requires a simple majority. The Fiscal Analysis was confusing. What questions were asked of the Orange County Registrar of Voters for these numbers. The numbers include printing and sending out ballots but not the other items proposed such as adding polling places, election monitors, cameras, election box monitors, election worker training, etc. There's still work to do. HB Citizen, Julie Hampel From: Fikes,Cathy To: Agenda Alerts Subject: FW:Opposition to Proposed Charter Amendments Date: Thursday,September 21,2023 2:35:22 PM Original Message From:Maureen Bekins<maureenbekins@gmail.com> Sent:Thursday,September 21,2023 2:21 PM To:CITY COUNCIL(INCL.CMO STAFF)<city.council@surfcity-hb.org> Subject:Opposition to Proposed Charter Amendments To the Mayor,City Council and City Attorney, I won't take your time to reiterating all the myriad reasons previously provided on September 14,2023 and in supplemental communication to you by my fellow residents but I'm opposed to your proposed Charter Amendments.I've yet to hear reasons to make any of these changes.I feel the mishmash groupings of each amendment are an intentional effort meant by the Council majority and City Attorney to confuse the electorate,they look deceitful. I urge you to oppose these proposed Charter Amendments.They haven't been proved necessary,are expensive,and reek of voter suppression. Maureen Bekins 5752 Woodboro Drive 48-year resident Switzer, Donna From: Fikes, Cathy Sent: Thursday, September 21, 2023 11:13 AM To: Agenda Alerts Subject: FW: Charter Amendments. Please Consider this Amendment. From: larry mcneely<Imwater@yahoo.com> Sent:Thursday,September 21, 2023 10:24 AM To:CITY COUNCIL(INCL. CMO STAFF)<city.council@surfcity-hb.org> Subject:Charter Amendments. Please Consider this Amendment. While I feel any Charter Amendments must be driven by our community input, and on issues that we have elected you for. If we must have these expensive amendments that are unlikely to pass?Why Not include one that is, Add One That is Most Called For By Our Community on HDD? Put an END to all future Specific Plans For Good and remove the ones that have been approved and not yet developed, End the practice of exceeding our General Plan and Community Standards on the Density/Height of any future developments, our Open Space Requirements, Our SetBacks, Parking, and Open Area requirements that our community has demanded?And let me add another one, if we are going to allow Natalie Moser and her Minions to continually claim the need for Affordable Housing in our future developments let's add a requirement that they are actually affordable projects. Natalie has supported many of these developments as we saw with the Shopoff Tank Farm Development that our own City Development Manager Ursula who attended the Costal Commission Claiming it was addressing the need for Affordable Housing. This is when these houses will start at$2.1 Million with payments that will exceed $14K monthly, Affordable??? I think Not. And when we look back on all these completed developments, The Elan, the Breakwater, the Luce, the Avalon, and others that are expensive and Not Affordable by Any Measure and have caused all the surrounding rental properties to increase their rents making all Less Affordable. Natalie and her Minions are demanding we meet the States Mandates and the Affordable Housing Requirements by making all the other tenants Pay More to cover the costs of these Affordabe Aspects making all of them Less Affordable. Developers are in the business of PROFITS and any giveaway will be spread over all other tenants making them less affordable. Now that we can look back on all these completed developments this Proves Natalie Moser is full of BS. Her push is not what is best for our community, but what is the Agenda of Galven Newsom, who she and Kim Carr held a rally in his support during his recall. Natalie has rejected the overwhelming call of our community to address the High-Density Developments to Favor her Party and Galven Newsoms Commitment to Destroy Our Beach Community with Overbuilding, Density, Congestion, and adding burdens on our services that we can't afford. Everybody with eyes can see Natalie's push and arguments are not what our community demands. So I urge you if we must call for City Charter Changes, at least place these restrictions that will be Supported and will Pass in these Charter Amendments. 1 From: ritariskColaol.com To: suoolementalcomm(a surfcity-hb.orq Subject: "Stop changing the charter Date: Thursday,September 21,2023 3:36:11 PM Look up the words hateful, illegal, undemocratic, fascists. Stop your stupid behavior and concentrate on important issues. Rita Collins Sent from AOL Desktop From: Jaime Kauffman Palumbo To: supolementalcommCa surfcity-hb.orq Subject: Comment for the Special Council Meeting Date: Thursday, September 21,2023 4:10:37 PM To the Huntington Beach City Council, I am vehemently opposed to the changes proposed for the city charter,especially with regards to changes in how we vote.Nothing about the proposed changes are warranted or needed.Everything about them will be detrimental to our city.This will be a huge burden,in every way,for our city.How much money will this cost and how much chaos will ensue?So far,these special meetings have provided zero answers and seem to be simply a way to waste our time while hiding the fact that the majority on the council have no idea what they are doing.I am very pleased with how the OC Registrar of Voters handles my vote.I am notified in multiple ways any time my vote is handled and when it is counted.Any changes that imperils that system is dangerous and unneeded. Thank you, John and Jaime Palumbo Switzer, Donna From: Levin, Shannon Sent: Thursday, September 21, 2023 5:06 PM To: supplementalcomm@surfcity-hb.org Subject: FW: Section 803 From:Cooper Carrasco<askcpr@gmail.com> Sent:Thursday,September 21, 2023 4:55 PM To:CITY COUNCIL(INCL. CMO STAFF)<city.council@surfcity-hb.org> Subject:Section 803 Dear City Council, While the Mobile Home Residents have lost much faith that the council will consider their plea, i must again mention that they are the only grass roots group to advocate for a specific charter amendment during this councils term so far. The recommendation by MHAB was for a carveout exception to section 803 for mobile home owners. It at least deserves discussion. Sincerely, A renter covered by AB1482 who won't gain anything from this. P.S. also please consider the information I sent ahead of previous meeting regarding the unethical origins and misguided reasoning behind section 803. i Switzer, Donna From: Levin, Shannon Sent: Thursday, September 21, 2023 9:47 PM To: supplementalcomm@surfcity-hb.org Subject: FW: COUNCIL MEETING 9/21/2023 Stay the course From:cclustka@socal.rr.com <cclustka@socal.rr.com> Sent:Thursday, September 21, 2023 8:53 PM To: 'Kathy O'Connor-Phelps' <kathy92648@gmail.com>; Kalmick, Dan<Dan.Kalmick@surfcity-hb.org>; Bolton, Rhonda <Rhonda.Bolton@surfcity-hb.org>; Moser, Natalie<Natalie.Moser@surfcity-hb.org>; Strickland,Tony <Tony.Strickland@surfcity-hb.org>;Van Der Mark, Gracey<Gracey.VanDerMark@surfcity-hb.org>; Burns, Pat <Pat.Burns@surfcity-hb.org>; casey.mckeon@surficity-hb.org Cc: Gates, Michael <Michael.Gates@surfcity-hb.org>; CITY COUNCIL(INCL. CMO STAFF) <city.council@surfcity-hb.org> Subject: RE: COUNCIL MEETING 9/21/2023 Stay the course You have the mandate. Send these amendments to a vote of the people! The libs do not trust the people,that's why they are so opposed to all of this. Same libs speaking,they are NOT the 40,000 that voted for you four. STAY THE COURSE! Bolton, still unelected, STFU!! Chip Clustka ON AIR W.C. 213-305-1970 Mobile From:cclustka@socal.rr.com <cclustka@socal.rr.com> Sent: Wednesday,June 21, 2023 5:48 PM To: 'Kathy O'Connor-Phelps' <kathy92648@gmail.com>; 'Kalmick, Dan' <Dan.Kalmick@surfcity-hb.org>; 'Bolton, Rhonda' <rhonda.bolton@surfcity-hb.org>; 'Moser, Natalie'<Natalie.Moser@surfcity-hb.org>; 'tony.strickland@surfcity-hb.org' <tonv.strickland@surfcity-hb.org>; 'gracey.vandermark@surfcity-hb.org'<gracev.vandermark@surfcity-hb.org>; 'pat.burns@surfcity-hb.org' <pat.burns@surfcitv-hb.org>; 'casey.mckeon@surficity-hb.org' <casey.mckeon@surficitv- hb.org> Cc: 'Gates, Michael'<Michael.Gates@surfcity-hb.org>; 'CITY COUNCIL'<citv.council@surfcitv-hb.org> Subject: RE: COUNCIL MEETING 6/20/2023 Another win for common sense Thanks all for the courage to address this mounting issue of inappropriate material in our library, and schools and the proliferation of if you disagree you're a bigot or homophobe. Helluva job Gracy, et al. Mosser your diatribe was full of misleading misinformation and outright lies.You think we "extremists" your term, don't see right through it. BOOK BAN, BOOK BAN, BOOK BURNERS, NAZIS. Liar. Simply common sense in giving heads up to parents and PROTECTING OUR CHILDREN, PERIOD!! Hypocrite, as you decry Hate Speech, while doing the same,just directed towards the right. Checks being placed on this ludicrous idea that this garbage is appropriate for kids, is very simple, so spin away. We the people of HB have a mandate,40,000+strong. You can rally a few hundred, we have 10's of thousands,Thank God! Bolton, UNELECTED, laughing and snickering at Gates comments. You couldn't carry his jock. And using the Lord's name in vane while on mic,tells it all, soulless. Keep it up,you are showing your true colors. i We are not Florida, we are not Texas, we are THE concerned citizens and parents of HB and we will continue the good fight for what is decent and for what is right.ALL, can do whatever they want, lifestyle, gender, beliefs, etc.We have the right to disagree as the left disagrees w/ plenty. Shoving this down our throats is a losing proposition;you may have to deal with that. Vaya con Dios! Chip Clustka ON AIR W.C. IIIIM From: cclustka@socal.rr.com <cclustka@socal.rr.com> Sent:Thursday, May 18, 2023 12:37 PM To: 'Kathy O'Connor-Phelps' <kathy92648@gmail.com>; 'Kalmick, Dan'<Dan.Kalmick@surfcitv-hb.org>; 'Bolton, Rhonda' <rhonda.bolton@surfcitv-hb.org>; 'Moser, Natalie'<Natalie.Moser@surfcity-hb.org>; 'tony.strickland@surfcity-hb.org' <tony.strickland@surfcity-hb.org>; 'gracey.vandermark@surfcity-hb.org'<gracev.vandermark@surfcity-hb.org>; 'pat.burns@surfcity-hb.org' <pat.burns@surfcity-hb.org>; 'casey.mckeon@surficity-hb.org'<casev.mckeon@surficity- hb.org> Cc: 'Gates, Michael'<Michael.Gates@surfcitv-hb.org>; 'CITY COUNCIL'<citv.council@surfcitv-hb.org> Subject: RE: COUNCIL MEETING 5/16/2023....Vaya con Dios! Another fantastic night for the "Team", aka La Quatro Grande, and voting down item 24. I will keep this very short and very simple. Just look around the country, the state and the cities, crime, non-human attacks, corruption, cheating, lying and bad actions everywhere. Keep prayer, more prayer. What is the downside to grace, being thankful and asking for guidance ??? THE MORE THAT GOD IS REMOVED FROM OUR SOCIETY AND EVERYDAY LIFE THE DARKER OUR WORLD BECOMES, and is becoming. Vaya con Dios, para La Quatro Grande! Chip Clustka ON AIR W.C. I From: cclustka@socal.rr.com <cclustka@socal.rr.com> Sent:Thursday, March 23, 2023 9:59 AM To: 'Kathy O'Connor-Phelps' <kathy92648@gmail.com>; 'Kalmick, Dan' <Dan.Kalmick@surfcity-hb.org>; 'Bolton, Rhonda' <rhonda.bolton@surfcitv-hb.org>; 'Moser, Natalie' <Natalie.Moser@surfcitv-hb.org>; 'tony.strickland@surfcity-hb.org' <tong.strickland@surfcity-hb.org>; 'gracey.vandermark@surfcity-hb.org'<gracev.vandermark@surfcity-hb.org>; 'pat.burns@surfcity-hb.org' <pat.burns@surfcity-hb.org>; 'casey.mckeon@surficity-hb.org'<casev.mckeon@surficitv- hb.org> Cc: 'Gates, Michael'<Michael.Gates@surfcitv-hb.org>; 'CITY COUNCIL'<city.council@surfcity-hb.org> Subject: RE: COUNCIL MEETING 3/21/2023 THOUGHTS Mayor Strickland,your explanation for NOT voting for this housing element was one of the best and most reasonable ones I have heard to date. This is exactly why we voted you and the three others in (winning by an enormous amount). That's a mandate! The others scrambled to justify"the requirement"to sign off on the significant issues that may arise from all this added construction. DO NOT LAY DOWN FOR SACRAMENTO. I have lived in HB for nearly 40 years. I've seen the liberal policies 2 destroy this beach town. The pier and its lack of enforcement is ruining the City's top tourist attraction, but that's for another email. Y'all are supported by a huge majority of HB. Please stay true to ALL your promises. So far you have outperformed on that end, what a much needed breath of reasonable, make common sense air,y'all are!!! Keep it up. We are all very proud of all four of you.You all come prepared and are doing the right things, which we are all very thankful for. Bolton, still unelected, please resign. MHBGA MAKING HB GREAT AGAIN! Chip Clustka ON AIR W.C. Ill From: Kathy O'Connor-Phelps<kathy92648@gmail.com> Sent:Thursday, March 23, 2023 9:27 AM To: Kalmick, Dan <Dan.Kalmick@surfcity-hb.org>; Bolton, Rhonda <rhonda.bolton@surfcitv-hb.org>; Moser, Natalie <Natalie.Moser@surfcity-hb.org>;tony.strickland@surfcity-hb.org;gracev.vandermark@surfcitv-hb.org; pat.burns@surfcity-hb.org; casey.mckeon@surficity-hb.org Cc:Gates, Michael<Michael.Gates@surfcity-hb.org>; cclustka@socal.rr.com; CITY COUNCIL<citv.council@surfcity- hb.org> Subject: COUNCIL MEETING 3/21/2023 THOUGHTS Dear City Council: I've watched so many meetings I can't even count how many any longer. I never did watch them until Mr. Ortiz was basically shamed and attacked to the point of resigning&then I realized it was time to watch these meetings to see what the hell was going on. I'm so glad I did this, because many residents don't know what's going on until it's too late. My goal will be to make sure the big three from the remaining Council never serve in this City ever again. Thoughts from this week's meeting: Dan -you keep proving what a whiny little b*tch you are. Treating our City Attorney, the way you did is not acceptable. Treating anyone like that is not acceptable.That is not the way a City Council member should act. You also have no backbone -"the state attorney is watching & I want to be on record..." you were probably one of those little kids that tattled all the time which would make sense the way you act. You should probably put the face diaper back on to stop the all-knowing whining BS that you spew. No wonder Mr. Burns would not answer any of your questions. I don't blame him. He doesn't answer to you. He answers to US. Natalie-you preach kindness, inclusion, & respect, and then allude that Mr. Burns is a bully. Not a good look. Your attack tactics on the Council's 90-day plan is also not a good look for you when you've been on council for years and NOTHING had been accomplished until our wonderful police department could actually do their job.You're attacking because you know you're on the hot seat because this was your hot button issue & it's only now that things are starting to look better. I live downtown. I saw it every single day including homeless individuals breaking into our pool &sauna area to do sleep, shower, and do drugs. Rhonda -the only apology residents want is from the previous council who ASSIGNED you this position. Thank you Mayor Strickland, Mayor Pro tem Van Der Mark, Council Member McKeon, &Council Member Burns for setting the residents on the path of MAKING HB GREAT AGAIN! 3 Kathy O'Connor-Phelps Longtime HB Resident 4 From: Cathev Ryder To: suDDlementalcomm aasurfcity-hb.orq Subject: Proposed Charter Amendments Date: Friday,September 22,2023 6:45:24 AM Thank you for the robust discussion at the special called meeting on September 21. There were many proposed changes to the amendments that came from the Ad Hoc Committee. At least one proposal was struck by the Mayor. Words for clarification were also considered. The Mayor and others suggested new amendments. As a member of the public, it would be extremely helpful if these were made available to the public well in advance of the special called meeting on September 28. It would help those of us who still have questions and concerns to tailor our public comments and or emails. Even with taking notes it was difficult to follow. Thank you again for the discussion and the opportunity for Huntington Beach voters to get clarification. Don't stop now. We need concrete information. CJ Ryder Voter and Homeowner in HB since 1985. From: Levin.Shannon To: suoolementalcommCalsurfcity-hb.orq Subject: FW: Comments regarding HBCC Special Meeting of 9-21-23 Date: Monday,September 25,2023 8:20:01 AM From:Tim Geddes<timgeddes3@gmail.com> Sent: Sunday, September 24, 2023 2:48 PM To: CITY COUNCIL(INCL. CMO STAFF) <city.council@surfcity-hb.org>; al.zelinka@surfcityhg.org Subject: Comments regarding HBCC Special Meeting of 9-21-23 Dear Mayor Strickland and City Council Members, Last Thursday I attended and spoke in Public Comments at the 2nd Special Meeting. I had done the same during the 1st Special Meeting the previous week. This second meeting was more enlightening but also more disturbing. Once again, there were over three dozen speakers in Public Comments, the opportunity offered to all citizens wishing to opine on the proposed Charter amendments. Almost ninety percent of the public remarks were critical of the Council majority proposals, proposals that had been developed by Council majority members only in a so-called ad hoc process. There were numerous sage observations, incontrovertible facts and figures, and many uncomfortable truths presented to the City Council (as well as the exposure of many loose ends and much incomplete analysis). The main uncomfortable truth was that the proposed tinkering with our local election (including a focus on Voter ID) was too impractical, too costly, and too fraught with controversy to be implemented in Huntington Beach, especially in a March primary less than six months away. We simply do not have the resources or the expertise to carry it out, especially if the Orange County Registrar of Voters is not fully on board with the effort. We were also not provided with actionable evidence and data beyond the hollow fears of those malcontents supporting the effort to justify the considerable rending of our social and civic fabric. Many audience members resented leaning on city staff by the Council majority, especially Councilman McKeon, to come up with data or direction (pulling rabbits out a hat in less than a week) that possibly, even probably, was beyond their resources in time or expertise to produce. The upshot was that several speakers in Public Comments complained that the entire process was too rushed (in addition to being irresponsible). The mayor and Council majority members presented no credible reason for trying to shoehorn any amendment like this on the March primary ballot outside of their weak and almost laughable contention that doing so might spur more voter participation. This entire effort should be scrapped or replaced by a balanced and representative charter review process which has public credibility and broad acceptance. A darker concern among members of the audience was any secret motivation for trying to attempt this brazen move ahead of the November 2024 election. It was also pointed out that our City Charter should not be straitjacketed by any moves that would prevent succeeding City Council majorities and the community to flexibly respond to civic needs or emergencies (by having to go through the expense and effort to use Charter elections and not ordinances to guide our local government). The meeting produced discussion on ad hoc proposed issues and new charter amendments from Council minority members in addition to one proposed by Amory Hanson which seemed to find favor with the mayor. The Council majority seemed open to revise or scrap some of their proposed amendments. All that can be dealt with in the remainder of the Special Meetings. The Council majority was reminded that several of their Charter amendment issues could be better and certainly more equitably dealt with through the ordinance process. It is the inescapable conclusion, however, that meddling with the election process, especially to put anything on the March primary ballot, is not only unneeded and irresponsible, but would destroy the trust and connection between our local government and the broader community. It is not just the content of such an amendment but the brute force method of doing it in less than six months and the blunt force trauma on both our City staff and the citizenry which would cause bitterness and alienation during the remainder of the Council majority's term in office. I urge you to rethink your approach to make our local elections more secure and to increase participation among the electorate without any Charter amendment to accomplish that goal. Thank you. Sincerely, Tim Geddes (714) 478-0168 timgeddes3@gmail.com