Loading...
HomeMy WebLinkAboutSpecial Meeting - Presentation of Potential Charter Amendmen (2) riNGro2 2000 Main Street, oF: Huntington Beach,CA 92648 City of Huntington Beach CF-COU��p File #: 23-808 MEETING DATE: 9/21/2023 Presentation of potential Charter amendments proposed by Charter Ad Hoc Committee Members Strickland,Van Der Mark and Burns Ape izr171 > City of Huntington Beach Page 1 of 1 Printed on 9/20/2023 powered t*Legistarni CHARTER COUNCIL AD HOC COMMITTEE SUMMARY Over the past couple months, the Charter Council Ad Hoc Committee met to discuss items to be contemplated by the larger Council for consideration for the March ballot. This was done at the City Council's direction based on a City Council vote that occurred in June of this year. The Ad Hoc Committee first reviewed the 2022 ballot proposals of Measures L, M, and N. After review and some discussion, the Ad Hoc Committee saw that some of the ideas from 2022 made sense to include in the current proposals for the March 2024 election. Those will be discussed, along with other proposals brought by the Ad Hoc Committee, and other proposals suggested by Councilmembers at a Council Meeting in July. We want to give the public an explanation as to what the proposals meant to the Ad Hoc Committee and our reasons for recommendation. ELECTIONS Voter ID: this suggestion by the Committee was meant to align with the County's current process for in-person voting. That is, before entering the voting booth, each in-person voter is asked his or her name and address for verification. The idea in this proposal is to simply require voters to show ID at the same time they are asked for their name and address. This idea is not to suggest the City take on its own elections, but rather, to merge into, or enhance, the current County practice of verifying voters. Addition of Polling Locations: this suggestion of 20 new residential locations by the Committee was meant to only add to in-person voting opportunities. Many voters have complained that since the proliferation of mail-in voting, physical in-person polling locations have disappeared thereby forcing them to mail-in their vote. We want to increase in-person voting opportunities. Inquiries to the County Registrar about logistical or support concerns for these proposed additional locations has been met with no objection. No response, but no objection either. Drop Box Monitoring: this suggestion by the Committee was meant to build confidence in the drop box voting method. Currently, the County does not 6 provide monitoring of ballot drop boxes and with the stories and concerns seen in past elections, the Committee suggests monitoring either by person, camera, or whatever technology and/or resources allow. This is not meant to discourage or replace mail-in voting and it is not meant for the City to take on conducting elections. CITY ATTORNEY The proposals by Councilman McKeon were presented at a Council Meeting in July of this year in response to the presentation that Mr. Gates gave at City Council outlining some of the concerns created between the role and authority of City Council over legal matters in 2021 and 2022. To be clear, the suggested changes do not give the City Attorney anything new, the proposed changes only clarify the role of the City Attorney. The suggested Charter changes do the following: strike the vague language in Section 304 that (as a matter of law) is presently inconsistent with State law on the attorney-client relationship. The proposed modification to Section 304 clarifies the City Attorney and City Council roles by relying on prevailing State Law and the State Bar of California, i.e., that the City Attorney represents the City in all legal matters and proceedings and that City Council, the Board of the City Corporation, make strategic legal decisions related to litigation and other legal matters. The proposed changes to Section 309 again clarify that the City Attorney decides what resources the City's legal department needs to effectively represent the City in all legal matters. Similar to the Long Beach City Charter, this proposal makes clear that the elected City Attorney is the designated attorney for the City by the people and therefore the exclusive legal counsel of the City, as decided by the voters. The final proposal adds guardrails such that the City Attorney, elected by the people, is allowed to continue with the legal work for the City. There have been two instances in recent Huntington Beach history in which the City Council essentially defunded the departments of other elected officials. It occurred to the Elected Treasurer's Department in 2010, which was recently restored and rebuilt by this City Council; and in 2012, before Mr. Gates was elected to office in 2014, the City Council undertook to try to "outsource" the City Attorney's Staff to a law firm, thereby defunding the Elected City Attorney's Department. Protecting our 7 Elected City Clerk, City Treasurer, and City Attorney departments from possible City Council defunding is important. Finally, the changes to Section 309 make it clear that the City Attorney is the protector of the City's attorney-client and attorney work-product privileged material, unless there is a City Council vote to disclose such material. This too is consistent with State law. These proposals are aimed at cleaner, better, more functional government. CITY CLERK Qualifications: this suggestion by the Committee was meant to increase the participation of our community in the City Clerk's race. In 2010, a Charter Amendment for the very first time in the City's history required the Clerk to have a "Bachelor's Degree in Business, public administration, or related field," yet, there is no such thing as a Bachelor's Degree in Business. There is a Bachelor of Science in Business Management or a Bachelor of Science in Business Administration, but that is not what is currently spelled out in the Charter. In fact, our current Clerk does not have a Bachelor's in Business. A review of other city charters throughout California shows that no other city charter requires a four-year college degree to run for City Clerk. To be clear, no other city, among California's 121 charter cities, requires a four-year degree. Moreover, beyond the two most recent Clerks, there is no information to confirm that any previous City Clerk had a four-year degree. Because the City's educational requirement acts as a bar to participation by others in the community, and because such a requirement does not make sense to the City Clerk position, and because Huntington Beach is an anomaly as the only City with such a requirement throughout the entire State of CA, the Committee recommends striking it. INVESTIGATIONS OF MALFEASANCE This proposal by Councilman McKeon was presented at a Council Meeting in July of this year and was prompted by the presentation that Mr. Gates gave at City Council outlining some of the concerns created by an outside "independent investigation" requested by the 2020 City Council. The propriety of that investigation has been brought into question and the facilitating of an investigation of an Elected Official by outside counsel or City staff is also inappropriate. Elected Officials are hired by the people of the City by virtue of the 8 election. Those Elected Officials, whether Council Members, City Treasurer, or City Attorney, are not subject to City staff, nor should Elected Officials' emails and other materials be searched and read by City staff or outside counsel hired by friendly City Councilmembers or friendly City Managers. Investigations should be conducted right, done by another outside agency in order to remove any conflicts of interest and remove any potential for political wrangling or misdeeds. This proposal is aimed at cleaner, better, more functional government. FLAGS This suggestion by the Committee was meant to provide Charter authority for the City's current Flag Flying Policy. It provides exceptions for Olympic Flags and any other Flag the City Council votes to fly by unanimous consent. BIENNIAL BUDGET This suggestion by the Committee was meant to make preparing the budget easier for staff, but also to build in more predictability and better planning for future expenses and opportunities to identify revenue streams. CLERK AND TREASURER ELECTION CYCLE This suggestion by the Committee was meant to align the City Clerk and Treasurer elections with the City Attorney in the gubernatorial cycle. PROPERTY TAX REAL ESTATE TRANSACTIONS This proposal by Councilman McKeon was presented at a Council Meeting in July of this year to address concerns that the City had engaged in real-estate transactions, or real-estate related transaction in 2020-2021 in which the taxpayers are estimated to forego approximately $500,000 in property tax revenue per year. The voters should decide whether transactions should be entered into by the City in which property tax revenue is foregone. MEASURE C UPDATE This suggestion by the Committee is borrowed from the 2022 Charter proposals and is meant to update Measure C to be more flexible and permissible for park and beach improvements such as improving and upgrading restrooms, and installing new playground equipment, making repairs to playground 9 equipment, improvements to playground equipment, and the like. When Measure C passed many years ago, it was a citizen-driven ballot initiative. It was not drafted by City staff and approved by a City Council for the ballot. As such, reading and interpreting Measure C has always presented challenges. Measure C, based on previous interpretations is highly restrictive and tied the hands of the City to keep our parks and beaches children-friendly, safe, and aesthetically appealing. CANCELLATION OF MEETINGS This suggestion by the Committee is borrowed from the 2022 Charter proposals, which makes sense to cancel Council Meetings if need by in a proper, orderly, and efficient way. 10 PROPOSED CHARTER AMENDMENTS BY TOPIC TOPIC CHARTER SECTIONS PAGE Elections 702, 705 (new) 1 City Attorney 304. 309 2 City Clerk 310 5 Investigations 314 (new) 6 Flags 806 (new) 7 Biennial Budget 401, 601, 602, 603, 604, 605 9 Clerk, Treasurer 300 11 Election Cycle Property Tax Waiver 618 (new) 12 Measure "C" 612 13 Cancellation of Meetings 303 15 11 PROPOSED CHARTER AMENDMENTS BY TOPIC ADDITIONS SHOWN AS UNDERLINED DELETIONS: SHOWN AS STRIKETHROUGH ELECTIONS 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. The City shall verify the eligibility of Electors by voter identification. Beginning in 2026,the City to provide at least 20 residential voting 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. 12 PROPOSED CHARTER AMENDMENTS BY TOPIC ADDITIONS SHOWN AS UNDERLINED DELETIONS: SHOWN AS STRIKETHROUGH CITY ATTORNEY Section 304. QUORUMS,PROCEEDINGS AND RULES OF ORDER. (a) Quorum. A majority of the members of the City Council shall constitute a quorum to do business but a lesser number may adjourn from time to time. In the absence of all the members of the City Council from any regular meeting or adjourned regular meeting,the City Clerk may declare the same adjourned to a stated day and hour. The City Clerk shall cause written notice of a meeting adjourned by less than a quorum or by the City Clerk to be delivered personally or by mail to each Council member at least twenty-four hours before the time to which the meeting is adjourned, or such notice may be dispensed with in the same manner as specified in this Charter for dispensing with notice of special meetings of the City Council. (b) Proceedings. The City Council shall judge the qualification of its members as set forth by the Charter. It shall judge all election returns. Each member of the City Council shall have the power to administer oaths and affirmations in any investigation or proceeding pending before the City Council. The City Council shall have the power and authority to compel the attendance of witnesses, to examine them under oath and to compel the production of evidence before it. Subpoenas shall be issued in the name of the City and be attested by the City Clerk. They shall be served and complied with in the same manner as subpoenas in civil actions. Disobedience of such subpoenas, or the refusal to testify (upon other than constitutional grounds), shall constitute a misdemeanor, and shall be punishable in the same manner as violations of this Charter are punishable. C Th �--t' i' shall h n+ ' of all legal b � - a 0 (c) Rules of Order. The City Council shall establish rules for the conduct of its proceedings and evict or prosecute any member or other person for disorderly conduct at any of its meetings. Upon adoption of any ordinance, resolution, or order for payment of money, or upon the demand of any member,the City Clerk shall call the roll and shall cause the ayes and noes taken on the question to be entered in the minutes of the meeting. 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, 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 resolution prescribe: 2 13 PROPOSED CHARTER AMENDMENTS BY TOPIC ADDITIONS SHOWN AS UNDERLINED DELETIONS: SHOWN AS STRIKETHROUGH 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 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 in any or all actions or proceedings in which the City is concerned or is a party, and represent and appear for any City officer or employee,or former City officer or employee, in any or all civil actions or proceedings in which such officer or employee is concerned or is a party for any act arising out of their employment or by reason of their official capacity. (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 3 14 PROPOSED CHARTER AMENDMENTS BY TOPIC ADDITIONS SHOWN AS UNDERLINED DELETIONS: SHOWN AS STRIKETHROUGII 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. 4 15 PROPOSED CHARTER AMENDMENTS BY TOPIC ADDITIONS SHOWN AS UNDERLINED DELETIONS: SHOWN AS STRIKETHROUGH CITY CLERK 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 in business,public administration, or a related field, 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: (a) Attend all meetings of the City Council, unless excused, and be responsible for the recording and maintaining of a full and true record of all of the proceedings of the City Council in records that shall bear appropriate titles and be devoted to such purpose. (b) Maintain separate records, in which shall be recorded respectively all ordinances and resolutions,with the certificate of the Clerk annexed to each thereof stating the same to be the original or a correct copy, and as to an ordinance requiring publication, stating that the same has been published or posted in accordance with this Charter. (c) Maintain separate records of all written contracts and official bonds. (d) Keep all records in their possession properly indexed and open to public inspection when not in actual use. (e) Be the custodian of the seal of the City. (f) Administer oaths or affirmations,take affidavits and depositions pertaining to the affairs and business of the City and certify copies of official records. (g) Be ex officio Assessor, unless the City Council, has availed itself, or does in the future avail itself, of the provisions of the general laws of the State relative to the assessment of property and the collection of City taxes by county officers, or unless the City Council by ordinance provides otherwise. (h) Have charge of all City elections. (i) Perform such other duties consistent with this Charter as may be required by ordinance or resolution of the City Council. (j) Assist and cooperate with the City Manager consistent with Section 403 of the City Charter, The City Clerk may, subject to the approval of the City Council, appoint such deputy or deputies to assist them or act for them, at such salaries or compensation as the Council may by ordinance or resolution prescribe. 5 16 PROPOSED CHARTER AMENDMENTS BY TOPIC ADDITIONS SHOWN AS UNDERLINED DELETIONS: SHOWN AS STRIKETHROUGH INVESTIGATIONS 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. 6 17 PROPOSED CHARTER AMENDMENTS BY TOPIC ADDITIONS SHOWN AS UNDERLINED DELETIONS: SHOWN AS STRIKETHROUGH FLAGS 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 Huntington 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 Games, the Mayor is authorized to order the display of the official Olympic flags for four weeks prior to the dates of the games, and for up to two weeks thereafter. The City may display any other flag in addition to those already enumerated, but only if authorized by a unanimous vote of all members of the City Council. 7 18 PROPOSED CHARTER AMENDMENTS BY TOPIC ADDITIONS SHOWN AS UNDERLINED DELETIONS: SHOWN AS STRIKETHROUGH BIENNIAL BUDGET 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. (c) Prepare and submit to the City Council as of the end of each fiscal year, a complete report on the finances of the City, and annually or more frequently, a current report of the principal administrative activities of the City. (d) Keep the City Council advised of the financial condition and future needs of the City and make such recommendations as may seem desirable. (e) Maintain a centralized purchasing system for all City offices, departments and agencies. (f) Prepare, administer and enforce rules and regulations recommended to and adopted by the City Council governing the contracting for,purchase, inspection, storage, inventory, distribution and disposal of all supplies, materials and equipment required by any office, department or agency of the City government. (g) Be responsible for the compliance by the City with the laws of the State pertaining to the City,the provisions of this Charter and the ordinances, franchises and rights of the City. Subject to policy established by the City Council, exercise control of all administrative offices and departments of the City and of all appointive officers and employees, and prescribe such general rules and regulations as deemed necessary or proper for the general conduct of the administrative offices and departments of the City under their jurisdiction. (h) Perform such other duties consistent with this Charter as may be required by the City Council. 8 19 PROPOSED CHARTER AMENDMENTS BY TOPIC ADDITIONS SHOWN AS UNDERLINED DELETIONS: SHOWN AS STRIKETHROUGH Section 601, BIENNIAL ANNUAL BUDGET,PREPARATION BY THE CITY MANAGER. At such date as the City Manager shall determine, each board or commission and each department head shall furnish to the City Manager, personally, or through the Director of Finance, 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 even numbered 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 603. BIENNIAL 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, Director of Finance, City Treasurer and the person retained by the City Council to perform the post audit function, and a further copy shall be placed, and shall remain on file in the office of the City Clerk where it shall be available for public inspection. The budget so certified shall be reproduced and copies made available for the use of the public and of departments, offices and agencies of the City. Section 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 9 20 PROPOSED CHARTER AMENDMENTS BY TOPIC ADDITIONS SHOWN AS UNDERLINED DELETIONS: SHOWN AS STRIKETHROUGH 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. To 21 PROPOSED CHARTER AMENDMENTS BY TOPIC ADDITIONS SHOWN AS UNDERLINED DELETIONS: SHOWN AS STRIKETHROUGH CLERK,TREASURER ELECTION CYCLE 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 years at the general municipal election held in 2024. , '968, a aeh f urth yea:the after. A City Attorney, a City Clerk, and a City Treasurer shall be elected in 2030 1966, and each fourth year thereafter. The term of each member of the City Council,the City Clerk, the City Treasurer and the City Attorney shall commence on the first Monday 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. 11 22 PROPOSED CHARTER AMENDMENTS BY TOPIC ADDITIONS SHOWN AS UNDERLINED DELETIONS: SHOWN AS STRIKETHROUGH PROPERTY TAX COLLECTION 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. 12 23 PROPOSED CHARTER AMENDMENTS BY TOPIC ADDITIONS SHOWN AS UNDERLINED DELETIONS; SHOWN AS STRIKETHROUGH MEASURE "C" UPDATE 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; (4) to underground public works utility structures if park or beach use is not impeded; (5) to any public works construction,maintenance or repair mandated by state or federal law that does not negatively impact recreational opportunities; OF (6) to renewable energy projects that do not negatively impact recreational opportunities:; or 13 24 PROPOSED CHARTER AMENDMENTS BY TOPIC ADDITIONS SHOWN AS UNDERLINED DELETIONS: SHOWN AS STRIKETHROUGH (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 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 be affected but shall remain in full force and effect, 14 25 PROPOSED CHARTER AMENDMENTS BY TOPIC ADDITIONS SHOWN AS UNDERLINED DELETIONS: SHOWN AS STRIKETHROUGH CANCELLATION OF MEETINGS 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. (b) Special Meetings. A special meeting may be called at any time by the Mayor, or by a majority of the members of the City Council,by written notice to each member of the City Council and to each local newspaper of general circulation,radio or television station requesting notice in writing. Such notice must be delivered personally or by mail at least twenty-four hours before the time of such meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted.No other business shall be considered at such meeting. If any person entitled to such written notice files a written waiver of notice with the City Clerk, it may be dispensed with. This notice requirement shall be considered fulfilled as to any person who is actually present at the meeting at the time it convenes. In the event of an emergency affecting the public peace,health or safety, a special meeting may be called as provided in this section with less than twenty-four hours written notice by the Mayor Pro Tern in the Mayor's absence or by any member of the City Council in the absence of both the Mayor and Mayor Pro Tem provided that the nature of the emergency is set forth in the minutes of the meeting. (c) Place of Meetings. All regular meetings shall be held in the Council Chambers of the City or in such place within the City to which any such meeting may be adjourned. If, by reason of fire, flood or other emergency, it shall be unsafe to meet in the place designated,the meetings may be held for the duration of the emergency at such place within the City as is designated by the Mayor, or, if he should fail to act, by a majority of the members of the City Council. (d) Open Meetings. All regular and special meetings of the City Council shall be open and public, and all persons shall be permitted to attend such meetings, except that the provisions of this section shall not apply to executive sessions. Subject to the rules governing the conduct of City Council meetings, no person shall be denied the right to be heard by the City Council. (e) Dissemination of Information. The City Council shall adopt rules to ensure thorough and timely dissemination of information via current technology by resolution. 15 26 Sections 300 - Clerk, Treasurer Election Cycle 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 years at the general municipal election held in 2024.—196 , fter.A City Attorney,a City Clerk,and a City Treasurer shall be elected in 2030 19667 and each fourth year thereafter. The term of each member of the City Council,the City Clerk,the City Treasurer and the City Attorney shall commence on the first-Monday 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. Sections 303 - Cancellation of Meetings 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. Sections 304 - City Attorney Section 304. QUORUMS, PROCEEDINGS AND RULES OF ORDER. (a) Quorum. A majority of the members of the City Council shall constitute a quorum to do business but a lesser number may adjourn from time to time. In the absence of all the members of the City Council from any regular meeting or adjourned regular meeting, the City Clerk may declare the same adjourned to a stated day and hour. The City Clerk shall cause written notice of a meeting adjourned by less than a quorum or by the City Clerk to be delivered personally or by mail to each Council member at least twenty-four hours before the time to which the meeting is adjourned, or such notice may be dispensed with in the same manner as specified in this Charter for dispensing with notice of special meetings of the City Council. (b) Proceedings. The City Council shall judge the qualification of its members as set forth by the Charter. It shall judge all election returns. Each member of the City Council shall have the power to administer oaths and affirmations in any investigation or proceeding pending before the City Council. The City Council shall have the power and authority to compel the attendance of witnesses, to examine them under oath and to compel the production of evidence before it. Subpoenas shall be issued in the name of the City and be attested by the City Clerk. They shall be served and complied with in the same manner as subpoenas in civil actions. Disobedience of such subpoenas, or the refusal to testify (upon other than constitutional grounds), shall constitute a misdemeanor, and shall be punishable in the same manner as violations of this Charter are punishable. and p eedin nd all property.of- may-employ Sections 309 - City Attorney Section 309,CITY ATTORNEY.POWERS AND DUTIES. (I) Keep,maintain,and protect all City confidential attorney-client privileged,and attorney work product privileged information.Such confidential information shall not be 'I'o become and remain eligible for City Attorney the person elected or appointed shall accessible to any other City Official,City Staff,or third party,unless the City Attorney have graduated from a law school accredited by the American Bar Association,be an attorney at authorizes such access orth_,e City Council votes to authorize such access by majority vole. 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. (m),,__ Additions to Section 309 of this Charter,if approved by the voters at the March 5, 2024 election,shall take effect on,Janes 1.2027. l'he 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,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 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 Attorney. Because of the unique nature of the City Attorneey'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 CityaAttorney's annual budget or any aspect 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 Councl but in no event shall any such reduction exceed 3%in a Year and from the previous year. Sections 310 - City Clerk 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 tion, or n related field, 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: Sections 314 — Investigations Section 314. INVESTIGATION OF MALFEASEANCE To avoid tential conflicts of interest and litical interference an allegation of malfeasance, wrongdoing or misconduct against an elected official of the City, shall not be investigated by the City, any other Ci Official or member of Cit Staff Rather, such ill ations shall be referred to the Orange County District Attorney, the California Attorne General, the Fair Political Practices Commission, or other aaoropriate higher level.government agency. Sections 401 - Biennial Budget 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. Sections 401 - Biennial Budget Section 601.BIENNIAL ANNUAL BUDGET,PREPARATION BY THE CITY MANAGER. Section 604. BIENNIAL ANNUAL BUDGET.FURTI II R CONSIDERATION AND At such date as the City Manager shall determine,each board or commission and each ADOPTION. department head shall furnish to the City Manager,personally,or through the Director of Finance,estimates of the department's,board's or commission's revenue and expenditures for At the conclusion of the public hearing the City Council shall further consider the the ensuing two fiscal years,detailed in such manner as may be prescribed by the City Manager. proposed budget and make any revisions thereof that it may deem advisable and on or before the In preparing the proposed budget,the City Manager shall review the estimates,hold conferences last day of the fiscal year it shall adopt the budget with revisions,if any,by the affirmative vote thereon with the respective department heads,boards or commissions as necessary,and may of at least a majority of the total members of the Council. Upon final adoption,the budget shall revise the estimates as may be deemed advisable. be in effect for the ensuing two fiscal years.Copies thereof,certified by the City Clerk,shall be Section 602.BIENNIAL ANNUAL BUDGET.SUBMISSION TQ THE CITY COUNCIL. filed with the City Manager,Director of Finance,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 The City Manager shall submit the proposed budget to the City Council at least thirty remain on file in the office of the City Clerk where it shall be available for public inspection.The days prior to the beginning of each even numbered fiscal year beginning in 2026.After budget so certified shall be reproduced and copies made available for the use of the public and of reviewing the proposed budget and making such revisions as it may deem advisable,the City departments,offices and agencies of the City. Council shall hold a public hearing thereon at least fifteen days prior to the beginning of each even numbered fiscal year and shall cause to be published a notice thereof not less than ten days Section 605. BIENNIAL ANNUAL BUDGET APPROPRIATIONS, 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. From the effective date of the budget,the several amounts stated therein as proposed Section 603.BIENNIAL ANNUAL BUDGET,PUBLIC HEARING. 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 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 may transfer funds from one object or purpose to another within the same department,office or interested persons desiring to be heard shall be given such opportunity. 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. Sections 612 - Measure C Update 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. Sections 612 - Measure C Update (c) Section 612(a)and 612(b)shall not apply; (7) to new children's playground facilities or equipment in any park;or to replacement children's playground facilities or equipment in any park orbeach, (1) to libraries or piers; provided that the square footage of such replacement children's playground facilities or eec u�mnt its not increased by more than 100%during any ten year period. (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 (d) If any section,subsection,part,subpart,paragraph,clause or phrase of this - such act was being performed or service provided at the same location prior to amendment,or any amendment or revision of this amendment,is for any reason held to be January I, 1989 AND invalid or unconstitutional,the remaining sections,subsections,parts,subparts,paragraphs, - the proposed lease,franchise,concession agreement or other contract would not clauses or phrases shall not be affected but shall remain in full force and effect. 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 44100 square feet; (4) to underground public works utility structures if park or beach use is not impeded; (5) to any public works construction,maintenance or repair mandated by state or federal law that does not negatively impact recreational opportunities;or (6) to renewable energy projects that do not negatively impact recreational opportunities:;or Sections 618 - Property Tax Collection SECTION 618. VOTER APPROVAL REQUIRED FOR MATTERS AFFECTING UHF 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 1-) the affirmative votes of at least a majority of the total membership of the City Council and by the affirmative vote of at jsast a majority of the proposition at a eerieral or special election at which such proposition is submitted. This section shall not apply to transactions related to the acquisition of property for iubhc parks-, or to transactions related to the acquisition of proptIye for infrastructure, as defined in Section 617(a) of this Charter, Sections 702 & 705 - Elections Section 702. PROCLDURE 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 arc 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. The City shall verify the eligibility of Electors by voter identification. Beginning,in 2026, the City to provide at least 20 residential voting 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, Sections 806 - Flags 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 flam, the State of California flag, the Huntington *Beach City flaa, the County of Orange flag, or any of the flags of the six branches of service: the Army, Navy, Air Forget Guard, Marine Corps. and Space Force During the Summer Olympic Games, the Mayor is authorized to order the display of the official Olympic flags for four weeks prior to the dates of the games, and for up to two weeks thercOcr. The City may display any other flag in addition to those already enumerated1 but only if authorized by a unanimous vote of all members of the City Council_