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Special Meeting - City Council Discussion and Consideration (2)
i�oNTINGT0A;;* ^� 2000 Main Street, oF.r ,•a , : °' Huntington Beach,CA -'40400Nolircli 92648 City of Huntington Beach SEE=_ATTACHED ACTION AGENDA FOR STRAW --� VOTE RESULTS File#: 23-835 MEETING DATE: 9/28/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Al Zelinka, City Manager VIA: Travis K. Hopkins, Assistant City Manager PREPARED BY: Catherine Jun, Deputy City Manager Subject: City Council discussion and consideration of potential amendments to the Charter; conduct straw votes to place certain amendments on the March 5, 2024 Special Election ballot Statement of Issue: Note:A PDF version of this report is attached, in the event that the tables and images do not display property on the reader's screen. On September 5, 2023, City Council authorized Special Meetings on September 14, 21, 28 and October 5 to gather public feedback and consider potential amendments to the Charter. On September 21, Council Members deliberated on several amendments that were previously proposed, while adding new amendments and requesting impact analyses on each. The analyses are detailed in this report. Following deliberation on all amendments tonight, City Council may consider conducting straw votes to identify those that could be placed on the March 5, 2023 Special Election ballot for voter approval. Financial Impact: There are no fiscal impacts at this time. Recommended Action: A) Discuss potential amendments to the Charter; and B) Conduct straw votes on Charter amendments that may be placed on the March 5, 2024 Special Election ballot. Alternative Action(s): Do not approve one or more recommended action; direct staff accordingly. Analysis: During the September 21 Special Meeting, City Council discussed potential Charter amendments and requested impact analyses for consideration. Included in the analyses below are possible amendment language to be used as examples only. If an amendment is approved via straw vote tonight, the Attorney's Office will provide legal review and official charter amendment language for consideration on October 5. City of Huntington Beach Page 1 of 10 Printed on 9/27/2023 powered by LegistarTM File#: 23-835 MEETING DATE: 9/28/2023 Section 300. Recommended by Council Member Bolton (The following language was based on a similar amendment considered by the 2021-22 Charter Revision Committee and is provided as an example only.) Preliminary Operational Analysis: The current Charter does not impose any term limits for its three elected Charter officer positions. To understand how other communities with elected officers manage terms, staff conducted a survey (below): Elected Charter OfficeriTerms City Attorney Currently, 9 other California charter cities elect their Attorneys: •2 impose a two consecutive term limit(San Diego, Chula Vista) • 1 imposes a two term limit (Los Angeles)•6 do not impose term limits City Clerk Currently, 13 other California charter cities elect their Clerk. None impose term limits. City Treasurer Currently, 14 other California charter cities elect their Treasurer. None impose term limits. At this time, term limits are typically not imposed for elected City Clerk and Treasurer positions, while there are some exceptions for the City Attorney position. There may be some concerns that the turnover stemming from term limits may reduce the pool of qualified candidates, as these roles (including the ones in City of Huntington Beach Page 2 of 10 Printed on 9/27/2023 powered by LegistarTm File#: 23-835 MEETING DATE: 9/28/2023 Huntington Beach) are skilled department head positions that would exercise significant managerial duties. Preliminary Fiscal Analysis: There are no known fiscal impacts at this time. Section 300. Recommended by Council Member Kalmick (The following language was based on a similar amendment considered by the 2021-22 Charter Revision Committee and is provided below as an example only.) Preliminary Operational Analysis: The Huntington Beach City Attorney was first identified as an appointed position in 1909. Records remain unclear but the City Attorney converted to an elected position in 1950 or 1966. Over the years, the roles and duties, as well as the election process for this position have been examined and/or reconsidered multiple times; Charter amendments to convert the position to an appointed role were placed on ballot measures in 1973 and 1978, but were defeated. Today, Huntington Beach is one of 10 California charter cities with an elected City Attorney. The Huntington Beach City Clerk and Treasurer have historically been elected, since the first Charter was established. Over the years, the role and duties, as well as the election process for these positions have been examined and/or reconsidered multiple times; Charter amendments to convert both to appointed roles were placed on ballot and/or placed on a ballot measures in 1973, 1978, and 1984, but were defeated. Today, City of Huntington Beach Page 3 of 10 Printed on 9/27/2023 powered by LegistarTm File #: 23-835 MEETING DATE: 9/28/2023 Huntington Beach is one of 14 California Charter cities with elected City Clerks and one of 15 with elected City Treasurers. All three positions operate as Department Heads at this time. Converting them into appointed roles is not anticipated to affect their roles and duties and should not result in significant operational impacts. Preliminary Fiscal Analysis: There are no known fiscal impacts at this time. Section 302. Recommended by Council Member Kalmick (Proposed revisions are not available at this time and are pending Council discussion. Below is the current Charter section as is.) Preliminary Fiscal and Operational Analysis: Per the Charter, the City Council receives: 1. A monthly salary of$175, a static amount that does not change from year to year. 2. A monthly expense allowance for other routine and ordinary expenses, losses and costs imposed upon them by virtue of their serving as City Councilpersons. The current monthly allowance is approximately $1,765 (per Council Member) and $2,470 (per Mayor at 40% higher due to his/her additional responsibilities); both amounts are updated based on the Consumer Price Index(CPI) from year to year. This allowance is authorized under Ordinance No. 4044. 3. An annual budget for authorized travel/conferences when on official duty. In FY2023-24, each Council Member can expend up to $5,810; the Mayor up to $6,973. The annual compensation range of City Councils in Huntington Beach, Orange County charter cities and two comparably-sized cities in LA County are below and include items 1-2 above. (Compensation does not include indirect forms of compensation such as pension costs or insurance benefits, since they are elective and not all City Council members have opted in.) Orange County Charter Cities Population City Council Annual Average Annual Compensation per Compensation 1,000 residents Seal Beach 24,647 $7,200 $292 City of Huntington Beach Page 4 of 10 Printed on 9/27/2023 powered by Legistar m File#: 23-835 MEETING DATE: 9/28/2023 Cypress 49,818 $8,864-$13,284 $222 Buena Park 83,517 $19,153-$28,768 $287 Newport Beach 83,411 $11,187-$20,683 $191 Huntington Beach 195,714 $19,705-$27,245 $120 Irvine 303,051 $29,700 $98 Santa Ana 299,630 $18,450-$30,808 $82 Anaheim 328,580 $10,877-$26,400 $57 Los Angeles County Charter Population City Council Annual Average Annual Compensation per Cities Compensation 1,000 residents Pasadena 136,988 $20,069-$30,619 $185 Glendale 191,284 $11,759-$28,058 $104 (2022 Data, California State Controller website:publicpay.ca.gov) Based on the low and the high end of Huntington Beach's annual compensation range, the monthly compensation is approximately$1,642-$2,270. In comparison to the compensation formula in SB 329 for General Law cities over 150,000 and up to/including 250,000 residents, General Law City Council Members are compensated $2,550 per month. Section 307 (add new paragraph). Recommended by Council Member Bolton (The following language was provided by Council Member Bolton.) Preliminary Operational Analysis: There are no known operational impacts at this time. This amendment would maintain the City's current library book policies. Any requests to change the City's existing or future library collection would continue to be addressed through the existing materials reconsideration process that is available to patrons with concerns about any materials. Preliminary Fiscal Analysis: There are no known fiscal impacts at this time. Section 312. Recommended by Mayor Strickland. (The following language was on the November 2022 General Election ballot and serves as an example.) Preliminary Operational Analysis: The proposed amendment adds requirements to fill a City Council vacancy by requiring at least four affirmative votes (and not a simple majority of the seated Council Members at that time). This proposed amendment would establish that such appointees would fill the vacancy only until the next general municipal election, when the local electorate may vote for a candidate to permanently fill the remainder of the unexpired term for that position. If the appointment occurs after the filing deadline for the next general municipal election, the seat is deemed vacant. Upon certification of the general municipal election, the newly seated City Council will be charged with filling the vacancy by appointment or election. This amendment is not expected to result in any significant operational impacts. Preliminary Fiscal Analysis: City of Huntington Beach Page 5 of 10 Printed on 9/27/2023 powered by LegistarTM' File#: 23-835 MEETING DATE: 9/28/2023 This amendment will yield some additional costs to fill the vacancy via an election. However, it is not anticipated to result in significant financial impacts. Section 313. Recommended by Council Member Bolton (The following language was provided by Council Member Bolton for consideration. The City Attomey's Office will need to provide final language, following Council discussion.) Preliminary Operational Analysis: A review of regional charter cities, as it relates to the nepotism policies in their charters is below. Orange County Charter Section on Nepotism Cities Anaheim, Los Alamitos, Their charter language mirror Huntington Beach's,with minor variations. Newport Beach, Seal Please note-These cities do not have elected department heads; as such, Beach they do not specifically prohibit Council from appointing relatives of elected department heads or other offers with appointive powers. Irvine, Santa Ana Their charters briefly mention a prohibition on nepotism and calls for the use of other governing policies(i.e. personnel rules)to outline the details. Buena Park, Cypress, No nepotism language in their charters. Placentia LA County Charter Section on Nepotism Cities Glendale, Long Beach, No nepotism language in their charters. Los Angeles, Pasadena Huntington Beach provides details on its anti-nepotism policy in other authorizing documents (see below). A legal analysis would be required to determine if such a prohibition must also be included in the Charter: Source of Authority 'Details Personnel Rules 16-2 -Persons related by blood or marriage within the third degree*cannot report to and 16-3 the same supervisor or supervise one another. -Such persons cannot be in positions where one has access to privileged or confidential information that should not be accessible to the other. City of Huntington Beach Page 6 of 10 Printed on 9/27/2023 powered by LegistarTM' File#: 23-835 MEETING DATE: 9/28/2023 Administrative -An appointing authority cannot appoint an immediate family member of the Regulation 411 City Manager, Department Head, or Personnel Director to a paid temporary or permanent position. -An employee cannot be moved to a position within the direct line of supervision of a relative; these relatives cannot have the same immediate supervisor. *The term"third degree"is the same as"immediate family"(relative), which includes an individual related by blood, adoption or marriage, e.g. spouse,parent, child, sibling, sibling/children-in-law,grandparent, grandchild, uncle/aunt,nephew/niece, stepparent/child/sibling, half-sibling. Preliminary Fiscal Analysis: There are no known fiscal impacts at this time. Charter amendments from Measure L (2022)with exclusions. Recommended by Council Member Kalmick (The language of the proposed amendments are separately listed in Attachment 1, due to their length. Amendments related to Section 612 have been removed as they are being considered by City Council as a separate amendment.) Preliminary Operational Analysis: Measure L proposed both substantive and non-substantive amendments. Amendments to Sections 300, 303, 304, 306, 311, 312, 400, 601, 604, 801 are non-substantive in that they clarify or update language in the Charter regarding outdated phrases, syntax, dates, pronouns and titles. For example, Section 300 updates the election years to be more current and rephrases the term "casting of lots"to a "random drawing"for clarity. Section 303 updates the Charter to allow the use of"current technology"to distribute notices, changes the words"executive session"to "closed session" because closed session is the current vernacular as well as clarify the process of adjourning City Council meetings. 303(c) 312(c) 400(d) and 801(e) replace pronouns "he" or"it"with "person" or the title being referred to and 311(d) 601, 604 replaces "Director of Finance"with the updated title of"Chief Financial Officer" and 306 replaces the title "Mayor Pro Tempore"with "Vice Mayor"to better describe the position. One substantive amendment is in Section 804 which would require City Council to consider a Charter review at least every ten years, starting after the last review conducted by a Committee, Council or staff. This would require additional staffing support to organize but does not pose a significant operating impact. Preliminary Fiscal Analysis: There are no known fiscal impacts at this time. Sections 307, 401. Recommended by Council Member Kalmick (Proposed revisions are not available at this time. Below are the current, relevant Charter sections for discussion purposes. The City Attorney's Office will need to provide final language, following Council City of Huntington Beach Page 7 of 10 Printed on 9/27/2023 powered by LegistarTM File #: 23-835 MEETING DATE: 9/28/2023 discussion.) Preliminary Operational Analysis: Among the five largest Orange County cities-Anaheim, Santa Ana, Irvine, Huntington Beach, and Garden Grove- only Irvine and Anaheim retain paid staff that directly reports to individual City Council Members and provides policy, administrative and field support. The Irvine City Council currently maintains 19 FTE, while Anaheim has approximately 9 FTE. Other cities including Huntington Beach, Santa Ana, and Garden Grove have a dedicated analyst or equivalent who supports the City Council but reports directly to the City Manager. To facilitate staff, Irvine's charter states: Section 700.-Administrative departments. a. The Council may establish City departments, offices or agencies in addition to those created by this Charter and may prescribe the functions of all departments, offices, and agencies. b. Except as otherwise provided by this Charter, all departments, offices, and agencies under the direction and supervision of the City Manager shall be administered by an officer appointed by and subject to the direction and supervision of the City Manager. With the consent of the Council, the City Manager may serve as the departmental administrator of one or more such departments, offices, or agencies or may appoint one person as the departmental administrator of two or more of them. c. The Council may provide for the number, titles, and compensation of all officers and employees. Preliminary Fiscal Analysis: The proposed Charter amendment currently seeks flexibility to add Council-directed staff in the future. As such, there is no fiscal impact at this time. However, it can be surmised that if approved, additional FTE will be required. The average personnel cost per one Council Analyst is approximately $141,500 (not including UAL and POBs). New section to provide for an office of legislative counsel. Recommended by Council Member Kalmick (Proposed revisions will be contingent upon Council discussion.) Preliminary Operational Analysis There are no known operational impacts at this time. However, additional legal research may be required to further consider this amendment. Research indicates that various California cities may install an Office of Legislative Counsel via charter, create an Ethics Commission/Board via ordinance, or formally adopt a Code of Ethics as prescribed by charter. Legislative counsel and advisory bodies, i.e. boards and commissions, are tasked with • enforcement of laws, regulations, and policies intended to assure fairness, openness, honesty and integrity in City government • education of aforementioned • impartial administration • advise and recommend to Council on all matters related to potential unethical conduct • render advisory opinion or Code interpretation City of Huntington Beach Page 8 of 10 Printed on 9/27/2023 powered by LegistarTM File#: 23-835 MEETING DATE: 9/28/2023 Chula Vista Charter stipulates that via ordinance Council may establish Office of Legislative Counsel. Board of Ethics and Code of Ethics established by ordinance, 2013 Santa Ana Charter stipulates that City shall adopt a Code of Ethics and Conduct for elected officials, executive team, and those appointed to boards, commissions, and committees. Code of Ethics and Conduct was updated in 2022. Oakland Public Ethics Commission established by charter and enacted by ordinance. Preliminary Financial Analysis There are no known fiscal impacts at this time. New section to limit elected officials from endorsing or campaigning with other elected officials. Recommended by Council Member Kalmick (Proposed revisions will be contingent upon Council discussion.) Preliminary Operational Analysis There are no known operational impacts at this time, although there may be additional legal research required. Some charter cities enact restrictions to curb influence on campaigns by elected and appointed officials. For example the City of Oakland (which has an elected City Attorney) Charter Section 401(7) states, "During the City Attorney's tenure, the City Attorney shall not make or solicit contributions to, publicly endorse or urge the endorsement of or otherwise participate in a campaign for a candidate for City elective office, other than for the City Attorney, or of a City ballot measure, or be an officer, director or employee of or hold a policy decision- making position in an organization that makes political endorsements regarding candidates for City elective office." Preliminary Fiscal Analysis There are no known fiscal impacts at this time. Section 612. Recommended by the Ad Hoc Committee On September 21, City Council directed staff to prepare proposed revisions to Section 612, also known as Measure C. Due to the research required, staff will return with revisions at the October 5 Council Meeting for consideration. For the City Council's use, a summary of all proposed Charter amendments (2023) is below: Discussed on 9/21/23 Section Proposed Amendments Status 300 Placement of City Clerk and City TreasLTabled from consideration gubernatorial election cycle 303(a) Cancelation of Council meetings,as nee Continue discussion 304(b) Attorney-client role between the City Att Continue discussion Council City of Huntington Beach Page 9 of 10 Printed on 9/27/2023 powered by Legistar," File #: 23-835 MEETING DATE: 9/28/2023 309 City Attorney powers and duties, budge Continue discussion attorney-client privilege, amendments e' 310 City Clerk educational requirements Continue discussion 314 Investigation of malfeasance Continue discussion; possible consideration as an ordinance 401(b), 601- Biennial budget Continue discussion 605 612 Measure C exemptions and definitions Continue discussion on 10/5 with staff recommendations 618 Matters affecting property tax collection Continue discussion; possible consideration as an ordinance 702, 705 Voter identification, ballot drop box mon Continue discussion polling stations 806 Display of flags on City facilities Continue discussion Discussed on 9/28/2023 Section Proposed Amendments Status 300 Elected Charter officers term limits 300 Appointed Charter officers 302 City Council compensation 307 Limit interference with library collection I 312 Filling City Council vacancies 313 Nepotism as it relates to elected departr Varies Measure L(2022) 307, 401 City Council staffing New Office of legislative counsel New Limit elected official campaigning with o Environmental Status: Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a project. Strategic Plan Goal: Non Applicable-Administrative Item Attachment(s): 1. Measure L (2022) 2. PDF Version of Report 3. Legislative Drafts City of Huntington Beach Page 10 of 10 Printed on 9/27/2023 powered by LegistarTM City Council/ ACTION AGENDA September 28, 2023 Public Financing Authority 6:00 PM—COUNCIL CHAMBERS CALLED TO ORDER — 6:00 pm ROLL CALL Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, Burns All present PLEDGE OF ALLEGIANCE — Led by Councilmember Burns INVOCATION In permitting a nonsectarian invocation, the City does not intend to proselytize or advance any faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation. 1. 23-814 Huntington Beach Fire and Police Chaplain Roger Wing ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) Administrative Item #2 (72); Councilmember Item #3 (4) PUBLIC COMMENTS (90-Second Time Limit)— 39 Speakers ADMINISTRATIVE ITEMS 2. 23-835 City Council discussion and consideration of potential amendments to the Charter; conduct straw votes to place certain amendments on the March 5, 2024 Special Election ballot Recommended Action: A) Discuss potential amendments to the Charter; and B) Conduct straw votes on Charter amendments that may be placed on the March 5, 2024 Special Election ballot. ACTIONS TAKEN BY STRAW VOTE: 1. Approve amendments to Section 702 - Procedure for Holding Elections, and 705 - Special Provisions Relating to Municipal Elections -- change reference from "shall" to "may"in both sections; in Section 705, open with "Beginning in 2026 ..." and amend "20 ADA compliant residentia4 voting locations ..."4/3 (Kalmick, Moser, Bolton-No) Straw Vote Passes 2. Section 309 - City Attorney Powers and Duties and 315 - Charter Offices Budget -- Approve as presented 3/4 (Kalmick, Moser, McKeon, Bolton-No) Straw Vote Fails 3. Section 310 - City Clerk Power and Duties —Approve as presented (strike language restricting type of degree) 3/4 (Kalmick, Moser, McKeon, Bolton-No) Straw Vote Fails Page 2 City Council/ ACTION AGENDA September 28, 2023 Public Financing Authority 4. Section 314 - Investigation of Malfeasance — Withdrawn by Councilmember McKeon ... suggests creating policy through Resolution 5. Section 806 - Display of Flags —Approve as presented 4/3 (Kalmick, Moser, Bolton-No) Straw Vote Passes 6. Sections 401, 601, 602. 603, 604, 605 — Biennial Budget - Approve as presented 7/0 (Bolton-for further discussion) Straw Vote Passes 7. Section 300 - City Clerk and City Treasurer Election Cycle — Withdrawn by Mayor Strickland 8. Section 618 - Voter Approval Required for Matters Affecting the Collection of Property Tax - Withdrawn by Councilmember McKeon 9. Section 612 — Measure C Update — Continue discussion on October 5 7/0 Straw Vote Passes 10. Section 300 - City Council, Attorney, Clerk and Treasurer Terms, and 303 - Cancellation of Meetings — Kalmick supports but would like language added to secure the holding of at least one meeting per month (see previous Measure L language) —Approved as presented with the caveat that minor revisions will be discussed on October 5 7/0 Straw Vote Passes ACTIONS TAKEN ON NEW PROPOSALS: 11. Consider Section 307 — Non-Interference with Administration (Bolton) - "The City Council and any other elective officer of the City shall not order, directly or indirectly, the review, removal, restriction or access, prohibition, acquisition, classification, rating, or placement, of any material or content, currently or contemplated to be, within the collection, possession, or inventory of the city's libraries." 3/4 (Van Der Mark, Strickland, McKeon, Burns) Straw Vote Fails 12. Consider Section 313 — Nepotism (Bolton) — add language "elected department head, or other officer with appointive powers" -- Continue discussion to October 5 4-2-1 (Van Der Mark, Burns-No; Strickland-Abstain) Straw Vote Passes 13. Consider Measure L (2022) Charter Clean-Up minus Measure C language (Kalmick) — Combine with Cancellation of Meetings (strike Vice Mayor language) — Continue discussion on October 5 7/0 Straw Vote Passes 14. Consider Section 302 —City Council Staffing (Kalmick) — Continue discussion on October 5 3/4 (Van Der Mark, Strickland, McKeon, Burns-No) Straw Vote Fails 15. Section 302 — Council Compensation (Kalmick) — Continue discussion on October 5 3/4 (Van Der Mark, Strickland, McKeon, Burns-No) Straw Vote Fails 16. Section 406 - Ethics Commission (Kalmick) — Withdrawn - to be handled by Ordinance Page 3 City Council/ ACTION AGENDA September 28, 2023 Public Financing Authority 17. Sections 300, 401, 406, 407, 408 - Appointed Charter Officers (Kalmick) — Continue discussion on October 5 3/4 (Van Der Mark, Strickland, McKeon, Burns-No) Straw Vote Fails 18. Section 309 - City Attorney Political Participation (Kalmick) — Continue discussion on October 5 3/4 (Van Der Mark, Strickland, McKeon, Burns-No) Straw Vote Fails 19. New Section 406 - Office of Legislative Counsel (Kalmick) — Continue discussion on October 5 3/4 (Van Der Mark, Strickland, McKeon, Burns-No) Straw Vote Fails 20. Section 300 - City Council, Attorney, Clerk and Treasurer Terms - Term Limits (Bolton) — Continue discussion on October 5 3/4 (Van Der Mark, Strickland, McKeon, Burns-No) Straw Vote Fails 21. Section 312 - Council Vacancies, Forfeitures and Replacement (Strickland) Approve language presented to voters in 2022 7/0 Straw Vote Passes COUNCILMEMBER ITEMS 3. 23-837 Item Submitted by Councilmembers Kalmick and Moser FAILED - Seek an opinion from the California Attorney General on eligibility for the primary ballot for Charter amendments involving City Clerk, City Attorney, and investigations of elected officials Recommended Action: Direct the City Manager to work with the City Attorney to seek an opinion from the California Attorney General on the question of SB311 (2013 Padilla), portions of which were chaptered as Election Code Section 1415, applying to the proposed charter amendments making changes to the roles of the City Clerk, City Attorney, City Council and City Manager, HR Department Head and/or Police Chief. Failed 3-4 (Van Der Mark, Strickland, McKeon, Burns-No) PUBLIC COMMENTS (90-Second Time Limit)— 13 Speakers ADJOURNMENT—At 10:16 pm, a motion to adjourn was made by Burns, second Kalmick The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Tuesday, October 3, 2023, in the Civic Center Council Chambers, 2000 Main Street, Huntington Beach, California. INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA AND STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT http://www.huntingtonbeachca.gov Page 4 Attachment 1: Measure L(2022) 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 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. Consistent with the staggered election process established in the new Charter in 1966 and reaffirmed in 2022,four members of the City Council shall be elected at the general municipal election held in 4066 2022, and each fourth year thereafter.Three members of the City Council shall be elected at the general municipal election held in 4969-2024,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. Consistent with the staggered election process established in the new Charter in 1966 and reaffirmed in 2022,a City Clerk and City Treasurer shall be elected at the general municipal election held in 44368 2024,and each fourth year thereafter.A City Attorney shall be elected in 4966 2022, 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 AA®aday regular City Council meeting following the certification of the election.Ties in voting among candidates for office shall be settled byTheastiag-ef-lets random drawing process conducted by the City Manager during the first regular City Council meeting following the certification. 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. 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 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 owe-adja any regular meeting to a date and hour certain which shall be specified in the order of adjournment. Each re-adjourned meeting shall be a regular meeting for all purposes. • . 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 or current technology 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,of by mail or by current technology 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 Tern 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 43e the Mayor 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 closed 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. 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,OF by mail or by current technology 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. Section 306. VICE MAYOR.The City Council shall also designate one of its members as Vice Mayor 42Fe Xea s,who shall serve in such capacity at the pleasure of the City Council. The Vice Mayor Pre--T•esiwo shall perform the duties of the Mayor during the Mayor's absence or disability or at the Mayor's request. Section 311.CITY TREASURER.POWERS AND DUTIES. (d) Prepare and submit to the Chief Financial Officer monthly written reports of all receipts, disbursements and fund balances,and shall file copies of such reports with the City Manager and City Council. Section 312.VACANCIES,FORFEITURES AND REPLACEMENT. (c) Replacement. In the event 4t the City Council shall fail to fill a vacancy by appointment within sixty days after such office shall become vacant,the City Council shall forthwith cause an election to be held to fill such vacancy for the remainder of the unexpired term. Section 400.CITY MANAGER.COMPOSITION,TERM,ELIGIBILITY,REMOVAL. (d) Removal.The City Manager shall not be removed from office during or within a period of ninety days next succeeding any municipal election at which a member of the City Council is elected.At any other time the City Manager may be removed only at a regular meeting of the City Council and upon the affirmative vote of a majority of the members of the City Council. At least thirty days prior to the effective date of removal, the City Manager shall be furnished with a written notice stating the Council's intentions and,if requested by the City Manager,the reasons therefor.Within seven days after receipt of such notice,the City Manager may by written notification to the City Clerk request a public hearing before the City Council, in which event the Council shall fix a time for a public hearing which shall be held at its regular meeting place before the expiration of the thirty-day period above referred to.The City Manager shall appear and be heard at such hearing.After furnishing the City Manager with written notice of the intended removal,the City Council may suspend the City Manager from duty, but leis the City Manager's compensation shall continue until removal as herein provided. In removing the City Manager,the City Council shall use its uncontrolled discretion and its action shall be final and shall not depend upon any particular showing or degree of proof at the hearing,the purpose of which is to allow the City Council and the City Manager to present to each other and to the public all pertinent facts prior to the final action of removal. Section 601.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 Dir•e f FiRsaes Chief Financial Officer,estimates of the departments,board's or commission's revenue and expenditures for the ensuing fiscal year,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 604.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 fiscal year 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 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 801.DEFINITIONS. Unless the provisions or the context otherwise requires,as used in this Charter (a) "Shall"is mandatory,and"may"is permissive. (b) "City"is the City of Huntington Beach and"department,""board,""commission,""agency,""officer,"or"employee" is a department, board, commission, agency, officer or employee, as the case may be, of the City of Huntington Beach. (c) "County"is the County of Orange. (d) "State"is the State of California. (4e) The singular includes the plural and the plural the singular. (g f) "Person"includes firm and corporation. Section 804.CHARTER REVIEW.The City Council shall determine if there is a need to convene a citizen's Charter Review Commission to conduct a review of the City Charter no less frequently than every ten years from the most recent formal Charter review conducted by a Charter Revision Commission,City Council,or City staff. AD HOC COMMITTEE PROPOSED CHARTER AMENDMENTS BY TOPIC TOPIC CHARTER SECTIONS PAGE Elections(Ad Hoc) 702,705(new) 1 City Attorney(Ad Hoc) 304,309 2 City Clerk(Ad Hoc) 310 5 Investigations(Ad Hoc) 314(new) 6 Flags(Ad Hoc) 806(new) 7 Biennial Budget(Ad Hoc) 401,601,602,603,604,605 8 Clerk,Treasurer Election Cycle(Ad Hoc) 300 11 Property Tax Waiver(Ad Hoc) 618(new) 12 Measure"C"(Ad Hoc) 612 13 Cancellation of Meetings(Ad Hoc) 303 15 Charter Offices Budget(Ad Hoc) 315(new) 16 NEW PROPOSED CHARTER AMENDMENTS TOPICS FROM SEPTEMBER 21,2023 Library(Bolton) 307 Nepotism(Bolton) 313 2022 Measure L(Kalmick) 300,303,304,311,312,400,601,604,801, 804 Vice Mayor(Kalmick) 303,306 Council Member staff(Kalmick) 302 Council Salaries(Kalmick) 302 Ethics Commission(Kalmick) 406 Appoint Charter Offices(Kalmick) 300,401,406,407,408 City Attorney Political Participation(Kalmick) 309 Office of Legislative Counsel(Kalmick) 406(new) Term Limits(Bolton) 300 Council Vacancies(Strickland) 312 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 maybe 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 iaa 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 in addition to any City facility voting tocatiorts.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'aelectiVe officers. 1 1 i! 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. T Ci C ll nt..o, ,f all le al bu , , „ 6 r b (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;provided that the employ of attorneys to assist the City Attorney in the execution of his or her duties is the 2 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. 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 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. 3 (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 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 ' ,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 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 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 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 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 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. 14 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. , 1968,and each fourth t ere„fter. 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€ enday 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 PROPERTY TAX WAIVER 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 MEASURE"C" 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 Iocation 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 6,000 308 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;eF (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 13 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 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 Tern 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 SECTION 315. CHARTER OFFICES BUDGET. Because the City Attorney, City Clerk, and City Treasurer work at the pleasure of the electorate, and in order to protect their work from political interference,neither their compensation,annual budget, nor 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. 16 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Al Zelinka, City Manager VIA: Travis K. Hopkins, Assistant City Manager PREPARED BY: Catherine Jun, Deputy City Manager Subject: ..title City Council discussion and consideration of potential amendments to the Charter; conduct straw votes to place certain amendments on the March 5, 2024 Special Election ballot ..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 Special Meetings on September 14, 21, 28 and October 5 to gather public feedback and consider potential amendments to the Charter. On September 21, Council Members deliberated on several amendments that were previously proposed, while adding new amendments and requesting impact analyses on each. The analyses are detailed in this report. Following deliberation on all amendments tonight, City Council may consider conducting straw votes to identify those that could be placed on the March 5, 2023 Special Election ballot for voter approval. Financial Impact: There are no fiscal impacts at this time. Recommended Action: ..recommendation A) Discuss potential amendments to the Charter; and B) Conduct straw votes on Charter amendments that may be placed on the March 5, 2024 Special Election ballot. ..end Alternative Action(s): Do not approve one or more recommended action; direct staff accordingly. Analysis: During the September 21 Special Meeting, City Council discussed potential Charter amendments and requested impact analyses for consideration. Included in the analyses below are possible amendment language to be used as examples only. If an amendment is approved via straw vote tonight, the Attorney's Office will provide legal review and official charter amendment language for consideration on October 5. Section 300. Recommended by Council Member Bolton (The following language was based on a similar amendment considered by the 2021-22 Charter Revision Committee and is provided as an example only.) "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. 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, as a City Attorney,as a City Clerk, or as a City Treasurer for more than two consecutive terms and no person who has been a member elected to such a position for more than two years of a term to which some other person was elected a member shall be elected to the City Council that respective position for more than one further consecutive term. spective terme and the gualifcption of their successors.A City Clerk and City Treasurer shall be elected at the general municipal election held in 1968, and each fourth year thereafter.A City Attorney shall be elected in 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 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: The current Charter does not impose any term limits for its three elected Charter officer positions. To understand how other communities with elected officers manage terms, staff conducted a survey(below): Elected Charter Terms Officer City Attorney Currently, 9 other California charter cities elect their Attorneys: • 2 impose a two consecutive term limit(San Diego, Chula Vista) • 1 imposes a two term limit(Los Angeles) • " 6 do not impose term limits City Clerk Currently, 13 other California charter cities elect their Clerk. None impose term limits. City Treasurer Currently, 14 other California charter cities elect their Treasurer. None impose term limits. At this time, term limits are typically not imposed for elected City Clerk and Treasurer positions, while there are some exceptions for the City Attorney position. There may be some concerns that the turnover stemming from term limits may reduce the pool of qualified candidates, as these roles (including the ones in Huntington Beach) are skilled department head positions that would exercise significant managerial duties. Preliminary Fiscal Analysis: There are no known fiscal impacts at this time. Section 300. Recommended by Council Member Kalmick (The following language was based on a similar amendment considered by the 2021-22 Charter Revision Committee and is provided below as an example only.) "Section 300.CITY COUNCIL, ATTORNEY,CI ERK AND TREASURER.TERMS.The elective officers of the City shall consist of a City Council of seven member, a City Clerk a City Treasurer an•t 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. 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 at the general 1966 and each fo w#h year thereafter The term of each member of the City Council, the City Clerk the Cit.•Treasurer and the City Attorney shall commence on the first Monday following the certification of the election. Ties in voting among candidates for office shall be settled by the casting of lots. Preliminary Operational Analysis: The Huntington Beach City Attorney was first identified as an appointed position in 1909. Records remain unclear but the City Attorney converted to an elected position in 1950 or 1966. Over the years, the roles and duties, as well as the election process for this position have been examined and/or reconsidered multiple times; Charter amendments to convert the position to an appointed role were placed on ballot measures in 1973 and 1978, but were defeated. Today, Huntington Beach is one of 10 California charter cities with an elected City Attorney. The Huntington Beach City Clerk and Treasurer have historically been elected, since the first Charter was established. Over the years, the role and duties, as well as the election process for these positions have been examined and/or reconsidered multiple times; Charter amendments to convert both to appointed roles were placed on ballot and/or placed on a ballot measures in 1973, 1978, and 1984, but were defeated. Today, Huntington Beach is one of 14 California Charter cities with elected City Clerks and one of 15 with elected City Treasurers. All three positions operate as Department Heads at this time. Converting them into appointed roles is not anticipated to affect their roles and duties and should not result in significant operational impacts. Preliminary Fiscal Analysis: There are no known fiscal impacts at this time. Section 302. Recommended by Council Member Kalmick (Proposed revisions are not available at this time and are pending Council discussion. Below is the current Charter section as is.) "Section 302.COMPENSATION. The members of the City Council including the Mayor shall receive as compensation for their services as such a monthly salary in the sum of One Hundred Seventy-five Dollars per month. In addition, each member of the City Council shall receive reimbursement on order of the City Council for Council authorized traveling and other expenses when on official duty upon submission of itemized expense accounts therefor. In addition, members shall receive such reasonable and adequate amounts as may be established by ordinance,which amounts shall be deemed to be reimbursement to them of other routine and ordinary expenses, losses and costs imposed upon them by virtue of their serving as City Councilpersons." Preliminary Fiscal and Operational Analysis: Per the Charter, the City Council receives: 1. A monthly salary of$175, a static amount that does not change from year to year. 2. A monthly expense allowance for other routine and ordinary expenses, losses and costs imposed upon them by virtue of their serving as City Councilpersons. The current monthly allowance is approximately $1,765 (per Council Member) and $2,470 (per Mayor at 40% higher due to his/her additional responsibilities); both amounts are updated based on the Consumer Price Index (CPI)from year to year. This allowance is authorized under Ordinance No. 4044. 3. An annual budget for authorized travel/conferences when on official duty. In FY2023-24, each Council Member can expend up to $5,810; the Mayor up to $6,973. The annual compensation range of City Councils in Huntington Beach, Orange County charter cities and two comparably-sized cities in LA County are below and include items 1-2 above. (Compensation does not include indirect forms of compensation such as pension costs or insurance benefits, since they are elective and not all City Council members have opted in.) Orange County City Council Annual Average Annual Compensation Charter Cities Population Compensation per 1,000 residents Seal Beach 24,647 $7,200 $292 Cypress 49,818 $8,864-$13,284 $222 Buena Park 83,517 $19,153-$28,768 $287 Newport Beach 83,411 $11,187-$20,683 $191 ,Huntington Beach 195,714 $19,705-$27,245 $120 Irvine 303,051 $29,700 $98 Santa Ana 299,630 $18,450-$30,808 $82 Anaheim 328,580 $10,877-$26,400 $57 Los Angeles County City Council Annual Average Annual Compensation Charter Cities Population Compensation per 1,000 residents Pasadena 136,988 $20,069-$30,619 $185 Glendale 191,284 $11,759-$28,058 $104 (2022 Data, California State Controller website:publicpay.ca.gov) Based on the low and the high end of Huntington Beach's annual compensation range, the monthly compensation is approximately$1,642-$2,270. In comparison to the compensation formula in SB 329 for General Law cities over 150,000 and up to/including 250,000 residents, General Law City Council Members are compensated $2,550 per month. Section 307 (add new paragraph). Recommended by Council Member Bolton (The following language was provided by Council Member Bolton.) "Section 307. NON-INTERFERENCE WITH ADMINISTRATION. Except as otherwise provided in this Charter, no member of the City Council shall order, directly or indirectly, the appointment by the City Manager, or by any of the department heads in administrative service of the City, of any person to any office or employment, or removal therefrom. Except for the purpose of investigation and inquiry, the members of the City Council shall deal with the administrative service under the jurisdiction of the City Manager solely through the City Manager, and no member of the City Council shall give orders to any subordinate of the City Manager, either publicly or privately. No elected department head or staff of the Office of the elected department head shall be a member of the management negotiation team for the purposes of negotiations of memorandums of understanding with the employee bargaining units. The City Council and any other elective officer of the City shall not order,directly or indirectly,the reviews removal, restriction of access, prohibition,acquisition, classification, rating,or placement, of any material or content,currently or contemplated to be,within the collection, possession,or inventory of the City's libraries." Preliminary Operational Analysis: There are no known operational impacts at this time. This amendment would maintain the City's current library book policies. Any requests to change the City's existing or future library collection would continue to be addressed through the existing materials reconsideration process that is available to patrons with concerns about any materials. Preliminary Fiscal Analysis: There are no known fiscal impacts at this time. Section 312. Recommended by Mayor Strickland. (The following language was on the November 2022 General Election ballot and serves as an example.) "Section 312.VACANCIES, FORFEITURES AND REPLACEMENT. (a)Vacancies.A vacancy in the City Council or in any other office designated as elective by this Charter, from whatever cause arising, shall be filled by appointment by the City Council with at least four affirmative votes. (b) Forfeiture. If a member of the City Council is absent from all regular meetings of the City Council for a period of thirty consecutive days from and after the last regular City Council meeting attended by such member, unless by permission of the City Council expressed in its official minutes,the office shall become vacant. If an elected City officer pleads guilty or no contest to or is convicted of a felony or any crime of moral turpitude, or ceases to be an elector of the City, the office shall become vacant. The City Council shall declare the existence of such vacancy.Any elective officer of the City who shall accept or retain any other elective public office, except as provided in this Charter, shall be deemed thereby to have vacated the office under the City Government. (c) Replacement. In the event it the City Council shall fail to fill a vacancy by appointment within sixty days after such office shall become vacant, the City Council shall forthwith cause an election to be held to fill such vacancy for the remainder of the unexpired term If the City Council fills the vacancy by appointment,such appointee shall hold office until an election to fill the remainder of the unexpired term at the next general municipal election. Should the appointment occur after the filing deadline for the next general municipal election,the seat shall be deemed vacant upon the certification of the general municipal election, and the vacancy shall be filled in accordance with Sections 312(a) and 312(c)." Preliminary Operational Analysis: The proposed amendment adds requirements to fill a City Council vacancy by requiring at least four affirmative votes (and not a simple majority of the seated Council Members at that time). This proposed amendment would establish that such appointees would fill the vacancy only until the next general municipal election, when the local electorate may vote for a candidate to permanently fill the remainder of the unexpired term for that position. If the appointment occurs after the filing deadline for the next general municipal election, the seat is deemed vacant. Upon certification of the general municipal election, the newly seated City Council will be charged with filling the vacancy by appointment or election. This amendment is not expected to result in any significant operational impacts. Preliminary Fiscal Analysis: This amendment will yield some additional costs to fill the vacancy via an election. However, it is not anticipated to result in significant financial impacts. Section 313. Recommended by Council Member Bolton (The following language was provided by Council Member Bolton for consideration. The City Attomey's Office will need to provide final language, following Council discussion.) "Section 313.CONFLICT OF INTEREST, NEPOTISM. (a)Conflict of Interest.The City Council shall adopt or approve rules and regulations regulating conflicts of interest and promoting fair dealing in all City business. (b) Nepotism. The City Council shall not appoint to a salaried position under the City government any person who is a relative by blood or marriage within the third degree of any one or more of the members of such City Council, elected department head,or other officer with appointive powers nor shall the City Manager or any department head or other officer having appointive power appoint any relative of such person or of any Council member within such degree to any such position. Preliminary Operational Analysis: A review of regional charter cities, as it relates to the nepotism policies in their charters is below. Orange County Section on Nepotism Charter Cities Anaheim, Los Alamitos, Their charter language mirror Huntington Beach's,with minor variations. Newport Beach, Seal Please note-These cities do not have elected department heads; as such, Beach they do not specifically prohibit Council from appointing relatives of elected department heads or other offers with appointive powers. Irvine, Santa Ana Their charters briefly mention a prohibition on nepotism and calls for the use of other governing policies (i.e. personnel rules)to outline the details. Buena Park, Cypress, No nepotism language in their charters. Placentia LA County Section on Nepotism Charter Cities Glendale, Long Beach, No nepotism language in their charters. Los Angeles, Pasadena Huntington Beach provides details on its anti-nepotism policy in other authorizing documents (see below). A legal analysis would be required to determine if such a prohibition must also be included in the Charter: Source of Authority Details. Personnel Rules -Persons related by blood or marriage within the third degree*cannot report 16-2 and 16-3 to the same supervisor or supervise one another -Such persons cannot be in positions where one has access to privileged or confidential information that should not be accessible to the other. Administrative -An appointing authority cannot appoint an immediate family member of the Regulation 411 City Manager, Department Head, or Personnel Director to a paid temporary or permanent position. -An employee cannot be moved to a position within the direct line of supervision of a relative;these relatives cannot have the same immediate supervisor. *The term"third degree"is the same as "immediate family"(relative), which includes an individual related by blood, adoption or marriage, e.g spouse,parent, child, sibling, sibling/children-in-law,grandparent,grandchild, uncle/aunt,nephew/niece, stepparent/child/sibling,half-sibling. Preliminary Fiscal Analysis: There are no known fiscal impacts at this time. Charter amendments from Measure L (2022)with exclusions. Recommended by Council Member Kalmick (The language of the proposed amendments are separately listed in Attachment 1, due to their length. Amendments related to Section 612 have been removed as they are being considered by City Council as a separate amendment.) Preliminary Operational Analysis: Measure L proposed both substantive and non-substantive amendments. Amendments to Sections 300, 303, 304, 306, 311, 312, 400, 601, 604, 801 are non-substantive in that they clarify or update language in the Charter regarding outdated phrases, syntax, dates, pronouns and titles. For example, Section 300 updates the election years to be more current and rephrases the term "casting of lots"to a "random drawing"for clarity. Section 303 updates the Charter to allow the use of"current technology"to distribute notices, changes the words "executive session"to "closed session" because closed session is the current vernacular as well as clarify the process of adjourning City Council meetings. 303(c) 312(c) 400(d) and 801(e) replace pronouns "he" or"it"with "person" or the title being referred to and 311(d) 601, 604 replaces "Director of Finance"with the updated title of"Chief Financial Officer" and 306 replaces the title"Mayor Pro Tempore"with "Vice Mayor"to better describe the position. One substantive amendment is in Section 804 which would require City Council to consider a Charter review at least every ten years, starting after the last review conducted by a Committee, Council or staff. This would require additional staffing support to organize but does not pose a significant operating impact. Preliminary Fiscal Analysis: There are no known fiscal impacts at this time. Sections 307, 401. Recommended by Council Member Kalmick (Proposed revisions are not available at this time. Below are the current, relevant Charter sections for discussion purposes. The City Attorney's Office will need to provide final language, following Council discussion.) "Section 307. NON-INTERFERENCE WITH ADMINISTRATION. Except as otherwise provided in this Charter, no member of the City Council shall order, directly or indirectly, the appointment by the City Manager, or by any of the department heads in administrative service of the City, of any person to any office or employment, or removal therefrom. Except for the purpose of investigation and inquiry,the members of the City Council shall deal with the administrative service under the jurisdiction of the City Manager solely through the City Manager, and no member of the City Council shall give orders to any subordinate of the City Manager, either publicly or privately. No elected department head or staff of the Office of the elected department head shall be a member of the management negotiation team for the purposes of negotiations of memorandums of understanding with the employee bargaining units. Section 401. POWERS 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 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. Preliminary Operational Analysis: Among the five largest Orange County cities-Anaheim, Santa Ana, Irvine, Huntington Beach, and Garden Grove—only Irvine and Anaheim retain paid staff that directly reports to individual City Council Members and provides policy, administrative and field support. The Irvine City Council currently maintains 19 FTE, while Anaheim has approximately 9 FTE. Other cities including Huntington Beach, Santa Ana, and Garden Grove have a dedicated analyst or equivalent who supports the City Council but reports directly to the City Manager. To facilitate staff, Irvine's charter states: Section 700. -Administrative departments. a. The Council may establish City departments, offices or agencies in addition to those created by this Charter and may prescribe the functions of all departments, offices, and agencies. b. Except as otherwise provided by this Charter, all departments, offices, and agencies under the direction and supervision of the City Manager shall be administered by an officer appointed by and subject to the direction and supervision of the City Manager. With the consent of the Council, the City Manager may serve as the departmental administrator of one or more such departments, offices, or agencies or may appoint one person as the departmental administrator of two or more of them. c. The Council may provide for the number, titles, and compensation of all officers and employees. Preliminary Fiscal Analysis: The proposed Charter amendment currently seeks flexibility to add Council-directed staff in the future. As such, there is no fiscal impact at this time. However, it can be surmised that if approved, additional FTE will be required. The average personnel cost per one Council Analyst is approximately$141,500 (not including UAL and POBs). New section to provide for an office of legislative counsel. Recommended by Council Member Kalmick (Proposed revisions will be contingent upon Council discussion.) Preliminary Operational Analysis There are no known operational impacts at this time. However, additional legal research may be required to further consider this amendment. Research indicates that various California cities may install an Office of Legislative Counsel via charter, create an Ethics Commission/Board via ordinance, or formally adopt a Code of Ethics as prescribed by charter. Legislative counsel and advisory bodies, i.e. boards and commissions, are tasked with • enforcement of laws, regulations, and policies intended to assure fairness, openness, honesty and integrity in City government • education of aforementioned • impartial administration • advise and recommend to Council on all matters related to potential unethical conduct • render advisory opinion or Code interpretation Chula Vista Charter stipulates that via ordinance Council may establish Office of Legislative Counsel. Board of Ethics and Code of Ethics established by ordinance, 2013. Santa Ana Charter stipulates that City shall adopt a Code of Ethics and Conduct for elected officials, executive team, and those appointed to boards, commissions, and committees. Code of Ethics and Conduct was updated in 2022. Oakland Public Ethics Commission established by charter and enacted by ordinance. Preliminary Financial Analysis There are no known fiscal impacts at this time. New section to limit elected officials from endorsing or campaigning with other elected officials. Recommended by Council Member Kalmick (Proposed revisions will be contingent upon Council discussion.) Preliminary Operational Analysis There are no known operational impacts at this time, although there may be additional legal research required. Some charter cities enact restrictions to curb influence on campaigns by elected and appointed officials. For example the City of Oakland (which has an elected City Attorney) Charter Section 401(7) states, "During the City Attorney's tenure, the City Attorney shall not make or solicit contributions to, publicly endorse or urge the endorsement of or otherwise participate in a campaign for a candidate for City elective office, other than for the City Attorney, or of a City ballot measure, or be an officer, director or employee of or hold a policy decision- making position in an organization that makes political endorsements regarding candidates for City elective office." Preliminary Fiscal Analysis There are no known fiscal impacts at this time. Section 612. Recommended by the Ad Hoc Committee On September 21, City Council directed staff to prepare proposed revisions to Section 612, also known as Measure C. Due to the research required, staff will return with revisions at the October 5 Council Meeting for consideration. For the City Council's use, a summary of all proposed Charter amendments (2023) is below: Discussed on 9/21/23 Section Proposed Amendments Status 300 Placement of City Clerk and City Treasurer positions on the Tabled from consideration gubernatorial election cycle 303(a) Cancelation of Council meetings, as needed Continue discussion 304(b) Attorney-client role between the City Attorney's Office and City Continue discussion Council 309 City Attorney powers and duties, budget and compensation, Continue discussion attorney-client privilege, amendments effective date 310 City Clerk educational requirements Continue discussion 314 Investigation of malfeasance Continue discussion; possible consideration as an ordinance 401(b), Biennial budget Continue discussion _601-605 11 612 I Measure C exemptions and definitions Continue discussion on 10/5 with staff recommendations 618 Matters affecting property tax collection by the City Continue discussion; possible consideration as an ordinance 702, 705 Voter identification, ballot drop box monitoring, and additional Continue discussion polling stations 806 Display of flags on City facilities Continue discussion Discussed on 9/28/2023 Section Proposed Amendments Status 300 Elected Charter officers term limits 300 Appointed Charter officers 302 City Council compensation 307 Limit interference with library collection management 312 Filling City Council vacancies 313 Nepotism as it relates to elected department heads Varies Measure L(2022) 307, 401 City Council staffing New Office of legislative counsel New Limit elected official campaigning with other electeds Environmental Status: Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a project. Strategic Plan Goal: Non Applicable-Administrative Item Attachment(s): 1. Measure L (2022) 2. PDF Version of Report 3. Legislative Drafts Sections 300 - Term Limits "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. 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, as a City Attorney, as a City Clerk, or as a City Treasurer for more than two consecutive terms and no person who has been a member elected to such a position for more than two years of a term to which some other person was elected a member shall be elected to the City Council that respective position for 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 s hall continue Tn-effTGe ;til he expir ati„n of eir reJ eVt1ve te rm s anQ the qualification of their successors A City Clerk and City Treasurer shall be elected at the general municipal election held in 1968, and each fourth year thereafter. A City Attorney shall be elected in 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 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 300 - Appointed Officials "Section 300. CITY COUNCIL, ATTORNEY, Ci ERK AND TR RER. TERMS. The elective officers of the City shall consist of a City Council of seven members, , 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. 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. The term of each member of the City Council, the City Clerk, the City Treasurer and the City ott„rne„ shall commence on the first Monday 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 302 - Compensation "Section 302. COMPENSATION. The members of the City Council including the Mayor shall receive as compensation for their services as such a monthly salary in the sum of One Hundred Seventy-five Dollars per month. In addition, each member of the City Council shall receive reimbursement on order of the City Council for Council authorized traveling and other expenses when on official duty upon submission of itemized expense accounts therefor. In addition, members shall receive such reasonable and adequate amounts as may be established by ordinance, which amounts shall be deemed to be reimbursement to them of other routine and ordinary expenses, losses and costs imposed upon them by virtue of their serving as City Councilpersons." Sections 307 — Non-Interference (Library Management) "Section 307. NON-INTERFERENCE WITH ADMINISTRATION. Except as otherwise provided in this Charter, no member of the City Council shall order, directly or indirectly, the appointment by the City Manager, or by any of the department heads in administrative service of the City, of any person to any office or employment, or removal therefrom. Except for the purpose of investigation and inquiry, the members of the City Council shall deal with the administrative service under the jurisdiction of the City Manager solely through the City Manager, and no member of the City Council shall give orders to any subordinate of the City Manager, either publicly or privately. No elected department head or staff of the Office of the elected department head shall be a member of the management negotiation team for the purposes of negotiations of memorandums of understanding with the employee bargaining units. The City Council and any other elective officer of the City shall not order, directly or indirectly, the review, removal, restriction of access, prohibition, acquisition, classification, rating, or placement, of any material or content, currently or contemplated to be, within the collection, possession, or inventory of the City's libraries." Sections 312 - City Council Vacancies "Section 312. VACANCIES, FORFEITURES AND REPLACEMENT. (a) Vacancies. A vacancy in the City Council or in any other office designated as elective by this Charter, from whatever cause arising, shall be filled by appointment by the City Council with at least four affirmative votes. (b) Forfeiture. If a member of the City Council is absent from all regular meetings of the City Council for a period of thirty consecutive days from and after the last regular City Council meeting attended by such member, unless by permission of the City Council expressed in its official minutes, the office shall become vacant. If an elected City officer pleads guilty or no contest to or is convicted of a felony or any crime of moral turpitude, or ceases to be an elector of the City, the office shall become vacant. The City Council shall declare the existence of such vacancy. Any elective officer of the City who shall accept or retain any other elective public office, except as provided in this Charter, shall be deemed thereby to have vacated the office under the City Government. (c) Replacement. In the event it the City Council shall fail to fill a vacancy by appointment within sixty days after such office shall become vacant, the City Council shall forthwith cause an election to be held to fill such vacancy for the remainder of the unexpired term. If the City Council fills the vacancy by appointment, such appointee shall hold office until an election to fill the remainder of the unexpired term at the next general municipal election. Should the appointment occur after the filing deadline for the next general municipal election, the seat shall be deemed vacant upon the certification of the general municipal election, and the vacancy shall be filled in accordance with Sections 312(a) and 312(c)." Sections 313 - Nepotism "Section 313. CONFLICT OF INTEREST, NEPOTISM. (a) Conflict of Interest. The City Council shall adopt or approve rules and regulations regulating conflicts of interest and promoting fair dealing in all City business. (b) Nepotism. The City Council shall not appoint to a salaried position under the City government any person who is a relative by blood or marriage within the third degree of any one or more of the members of such City Council, elected department head, or other officer with appointive powers nor shall the City Manager or any department head or other officer having appointive power appoint any relative of such person or of any Council member within such degree to any such position. Measure L (2022) NEW - Council Staff "Section 307. NON-INTERFERENCE WITH ADMINISTRATION. Except as otherwise provided in this Charter, no member of the City Council shall order, directly or indirectly, the appointment by the City Manager, or by any of the department heads in administrative service of the City, of any person to any office or employment, or removal therefrom. Except for the purpose of investigation and inquiry, the members of the City Council shall deal with the administrative service under the jurisdiction of the City Manager solely through the City Manager, and no member of the City Council shall give orders to any subordinate of the City Manager, either publicly or privately. No elected department head or staff of the Office of the elected department head shall be a member of the management negotiation team for the purposes of negotiations of memorandums of understanding with the employee bargaining units. Section 401 . POWERS 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: Amendments Discussed on 9/21 /23 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 he 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.-1968, reafter. A City Attorney,a City Clerk,and a City Treasurer shall he elected in 2030 I-966i 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 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 quorumor the meeting is canceled by the Mayor or a maturity cif 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. Th City Co meil sha„ "a._ control of all legal `-` ai -a-- rty off mp 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 '1'o become and remain eligible for City Attorney the person elected or appointed shall accessible to any other City Official.City Staff,or third pares,unless the City Attorney have graduated from a law school accredited by the American Bar Association,be an attorney at authorizes such access or the City Council votes to authorize such access by majority vote. 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 January 1.2027. 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 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 CityAttorney. 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. Sections 310 - City Clerk Section 310. CITY CLERIC. POWERS AND DUTIES. To become and remain eligible for City Clerk, the person elected or appointed shall have a Bachelor's Degree ' ., ation; er a related f e'd, 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 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 govemnmcrnt 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 shalt 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 and, 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 IER 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 TO 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 S161,000.00 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 or beach (1) to libraries or piers; 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. (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 1, 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 47000 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 AFFECTINU THE COLLECTION OF PROPERTY TAX. No transaction that forgives, waives or foregoes the collection ofproperty tax by the City in excess of$1OQk000,0O per year shall be approved&unless authorized by the affirmative votes of at least a majority of t.hetotal membership of the City council and by the affirmative vote of at least a majority of the electors votinRon 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 laub1ic parks: or to transactions related to the acquisition of property for infrastructure, as defined in Section 617.0) of this Charter, Sections 702 & 705 - 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 orbefore 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 flags the State of California flag, the f Iuntington 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, acid Space Force. ]During, the Summer Olympic Games, the Mayor is authorized to order the display of the pltiicial 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. From: Fstanislau.Robin To: Switzer.Donna Subject: Fwd: Request the Opinion of Secretary of State as to the legality of Voter ID as proposed in Huntington Beach Date: Thursday,September 28,2023 9:17:48 AM Attachments: jmaae001.onq 2023-09-25-Kalmick-SOS Letter re VoterlD signed.odf Sent from my iPad Begin forwarded message: From: "Kalmick, Dan" <Dan.Kalmick@surfcity-hb.org> Date: September 27, 2023 at 6:42:11 PM PDT To: secretary.weber@sos.ca.gov Cc: "Moser, Natalie" <Natalie.Moser@surfcity-hb.org>, "Bolton, Rhonda" <Rhonda.Bolton@surfcity-hb.org>, "Zelinka, Al" <A1.Zelinka@surfcity-hb.org>, "Estanislau, Robin" <Robin.Estanislau@surfcity-hb.org> Subject: Request the Opinion of Secretary of State as to the legality of Voter ID as proposed in Huntington Beach Dear Madam Secretary, The minority of the Huntington Beach City Council have attached a letter to this email (and sent via USPS) requesting the Secretary of State opine as to the legality of requiring identification to vote in person as proposed in pending Charter amendments. Thank you for your time and consideration, Dan Kalmick City Councilmember City of Huntington Beach dan.kalmickasurfcity-hb.org (657) 360-4796 2000 Main Street Huntington Beach, CA 92648 SUPPLEMENTAL COMMUNICATION Meeting Date: e2/2 Z 3 Agenda item No.: (623 836) lbw_ •� •' ' '1 Cityof Huntington Beach 2000 MAIN STREET CALIFORNIA 92648 P" j� Dan Kalmick, Natalie Moser, Rhonda Bolton City Council Members September 26, 2023 Honorable Shirley Weber California Secretary of State 1500 11 th Street Sacramento, CA 95814 secretary.weber@sos.ca.gov RE: City of Huntington Beach proposed Voter ID Requirement Charter Amendment Dear Madam Secretary, As you may be aware, the new Council Majority of the Huntington Beach City Council has proposed a Charter Amendment for the March 2024 ballot that will require voter ID in our future municipal elections. 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. We formally and expeditiously request the opinion of the Secretary of State as to the legality of requiring identification to vote in person in the State of California. j____)07,..-.47. aJ Dan Kalmick, Councilmember I Natalie Moser, Councilmember I Rhonda Bolton, Councilmember TELEPHONE (714) 536-5553 From: 5tanislau.Robin To: Switzer.Donna Subject: Fwd: Request for response to questions of election consolidation in Huntington Beach w/VoterlD provision Date: Thursday,September 28,2023 9:18:51 AM Attachments: jmage001.ong 2023-09-25-Letter to ROV-VoterlD-signed.odf Sent from my iPad Begin forwarded message: From: "Kalmick, Dan" <Dan.Kalmick@surfcity-hb.org> Date: September 27, 2023 at 6:37:29 PM PDT To: bob.page@ocvote.gov Cc: "Moser, Natalie" <Natalie.Moser@surfcity-hb.org>, "Bolton, Rhonda" <Rhonda.Bolton@surfcity-hb.org>, "Zelinka, Al" <A1.Zelinka@surfcity-hb.org>, "Estanislau, Robin" <Robin.Estanislau@surfcity-hb.org> Subject: Request for response to questions of election consolidation in Huntington Beach w/VoterlD provision Dear Honorable Registrar, Please see the attached letter(also sent via LISPS) from the minority members of the Huntington Beach City Council asking to have your office or County Counsel answer questions regarding the policy of the Orange County Registrar of Voters and the proposed Charter amendments that involve Voter ID requirements. Your timely response is requested. Thank you for your time and consideration. Dan Kalmick City Councilmember City of Huntington Beach dan.kalmickPsurfcity-hb.org (657) 360-4796 2000 Main Street Huntington Beach, CA 92648 SUPPLEMENTAL ITA COMMUNICATION Meeting Date: 'f/.2W.2 3 Agenda Item No4 a-` 23 g3 5) • J n ;- City of Huntington Beach ash,... \ 2000 MAIN STREET CALIFORNIA 92648 ►COS► ' Dan Kalmick, Rhonda Bolton, Natalie Moser City Council Members September 26, 2023 Bob Page Orange County Registrar of Voters P.O. Box 11298 Santa Ana, CA 92711-1298 bob.page@ocvote.gov RE: City of Huntington Beach proposed Voter ID Requirement Charter Amendment Dear Honorable Registrar, As you are aware, the new Council Majority of the Huntington Beach City Council has proposed a Charter Amendment for the March 2024 ballot that will require voter ID in our municipal elections. 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. We write today to ask two primary questions: 1) Will the City of Huntington Beach be allowed to consolidate its elections with the County via Registrar of Voters if this Charter Amendment passes in March? 2) Will the County continue to allow the City of Huntington Beach to contract its municipal elections with the Registrar of Voters if we can no longer consolidate our elections with the County? Additional questions pertain to the cost and even the ability of the ROV to provide additional polling places with Huntington Beach based on this proposed Charter amendment. TELEPHONE (714) 536-5553 We humbly request an immediate response to these issues from either you or County Counsel as they may have dire implications for both voting rights and our financial future in Huntington Beach. q-4\414,-,Z 4-1/C4A--' Dan Kalmick, City Councilmember Rhonda Bolton, City Councilmember Natalie Moser, City Councilmember A 9 �L ty\ `7 W��y�r 311�T Wall foil lir State ofQIaliforuia Office of tlie Att.orneuu (5eneru1 ROB BONTA ATTORNEY GENERAL September 28, 2023 VIA EMAIL AND U.S. MAIL The Honorable Tony Strickland Dan Kalmick Mayor of Huntington Beach Councilmember Tony.Strickland(a,surfcity-hb.org Dan.Kalmick@)surfcity-hb.org The Honorable Gracey Van Der Mark Natalie Moser Mayor Pro Tem Councilmember Gracey.VanDerMarkna,surfcity-hb.org Natalie.Moser(a1surfcity-hb.org Pat Burns Rhonda Bolton Councilmember Councilmember Pat.Burns(i surfcity-hb.org Rhonda.Bolton@surfcity-hb.org Casey McKeon Councilmember Casey.McKeon@surfcity-hb.org City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 RE: Proposed Charter Amendments Requiring Voter Identification at the Polls and Monitoring of Ballot Drop Boxes in Municipal Elections Dear Mayor Strickland and Councilmembers: The Attorney General is California's chief law officer,with the authority and duty to ensure the uniform and adequate enforcement of state law, and to protect public rights and interests under the state and federal constitutions. (Cal. Const. art. V, § 13.) The Secretary of State is the chief elections officer(Elec. Code, § 10), and is broadly charged with protecting the integrity of the electoral process, preventing voter confusion, and promoting public confidence in elections. (E.g., Timmons v. Twin Cities Area New Party(1997) 520 U.S. 351.) 1300 I STREET•SUITE 1740 • SACRAMENTO,CALIFORNIA 95814• (916)210-6029 September 28, 2023 Page 2 We write regarding the City's proposal to amend its charter to add section 705,titled "Special Provisions Relating to Municipal Elections." Specifically,the City's proposal to require voter identification at the polls in municipal elections conflicts with state law and would only serve to suppress voter participation without providing any discernible local benefit. Accordingly, we respectfully urge you to reject this proposed charter amendment. If the City moves forward and places it on the ballot, we stand ready to take appropriate action to ensure that voters' rights are protected, and state election laws are enforced. The pending proposal to require the City to "monitor ballot drop boxes located within the City" also touches on an area governed by state law. The Elections Code and related regulations already direct county elections officials to monitor drop boxes by video surveillance or internal cameras. The Elections Code also prohibits anyone,with the intent of dissuading another person from voting, from video recording a voter within 100 feet of a polling place or other outdoor site at which a voter may cast a drop off ballot. At present,no details about how the City's proposal would be implemented have been made available, and thus it is unclear whether or how the proposal might conflict with state law. This lack of detail also calls into question the City Attorney's previous assurances to the City Council and the public that the proposal is legal. Although the potential waste of local resources on a redundant ballot box monitoring system is the City's concern, please be advised that, in the event this proposal moves forward, our Offices will act to ensure it is not implemented in a way that interferes with the right to vote or otherwise conflicts with state law. A. The Voter ID Proposal Conflicts with State Law on a Matter of Statewide Concern The City's proposal to require voter identification at the polls squarely conflicts with state law and is invalid, notwithstanding a charter city's "home rule" authority to legislate on municipal affairs.' (See, e.g, Cal. Federal Savings & Loan Assn. v. City of Los Angeles(1991) 54 Ca1.3d 1;Jauregui v. City of Palmdale (2014)226 Cal.App.4th 781; City of Huntington Beach v. Becerra(2020) 44 Ca1.App.5th 243.) Under state law, identifying information, as well as other specified information, is required when registering to vote and must be validated by elections officials. (Elec. Code, §§ 2188, subd. (b), 2196, subd. (a)(7); Cal. Code Regs. tit. 2, §§ 19073, 20107.) An applicant must certify to the truth and correctness of the content of the application, under penalty of perjury. (Elec. Code, § 2188, subd. (e).) An individual who registers to vote knowing that they are ineligible to do so is subject to criminal penalties. (Elec. Code, § 18100.) While this proposal would expressly govern only"municipal"elections, it is not clear this would be the case in practice,given that most local elections are consolidated with the state and federal ballots. Consolidated elections are to be conducted in accordance with state law. (Elec. Code, §§ 10418, 10403.) September 28, 2023 Page 3 The Elections Code further provides that, at the time of voting, a registered voter wishing to vote in person need only provide their name and address; no further identification is required. (Elec. Code, § 14216, subd. (a).) The Elections Code also sets forth a detailed process for resolving questions of voter identity or eligibility at the polls. A voter's identity or eligibility to vote may only be questioned by election workers on narrow grounds, and only with evidence constituting probable cause to justify such a challenge. (Id. § 14240.) A challenged voter need only take a sworn oath of affirmation to remedy the challenge. (Id., §§ 14243, 14244, 14245, 14246.) All doubts are to be resolved in favor of the challenged voter. (Id., § 14251.)And any person who illegally casts a ballot is subject to criminal prosecution. (Id., § 18500.) This framework strikes a careful balance: it guards the ballot box against ineligible and/or fraudulent voters, while at the same time simplifying and facilitating the process of voting so as to avoid suppressing turnout and disenfranchising qualified voters. It also makes clear that the job of local elections officials is to supervise voting at the polls,not to take over voter-eligibility functions performed by the county registrar and the Secretary of State. Huntington Beach's voter ID proposal would destroy this careful balance by placing the onus on the voter to establish their identity and right to vote with some form of identification at the time they cast their ballot. By requiring additional documentation to establish a voter's identity and eligibility to vote at the time of voting—a higher standard of proof than set out in the Elections Code—Huntington Beach's proposal conflicts with state law. Indeed,the City's proposal would arguably constitute "mass, indiscriminate, and groundless challenging of voters," in violation of Elections Code section 18543. The state laws outlined above address a matter of statewide concern: ensuring the fundamental right to vote without imposing unnecessary obstacles that may reduce voter participation or disproportionately burden low-income voters, racial and ethnic minorities, the elderly, or people with disabilities. Courts have long recognized that protecting the integrity of the electoral process, at both the state and local level, is a matter of statewide concern(Jauregui v. City of Palmdale,supra, 226 Cal.App.4th at p. 801), as is"the protection of the constitutional rights of California residents." (City of Huntington Beach v. Becerra,supra, 44 Cal.App.5th at p. 275.) While there are obvious and significant statewide concerns at issue here, the City has not identified any basis for its voter ID proposal, much less a basis supported by uniquely local concerns. As noted, state law already requires prospective voters to verify their identity—at the registration stage. It also sets forth a detailed process for resolving disputes over a voter's identity or eligibility at the polls, and contains ample provisions for dealing with rare cases of fraudulent or otherwise illegal voting. Abstract or hypothetical concerns about voter fraud, or concerns that state law does not strike an appropriate balance in this area, are insufficient to justify the City's proposal. September 28, 2023 Page 4 Accordingly,we respectfully urge you to reject the voter ID proposal currently under consideration. If necessary, our Offices stand ready to take appropriate action to ensure that state law is upheld and voters' rights are protected. B. The Ballot Drop Box Monitoring Proposal May Impinge on the County's Authority,and May Conflict with State Law, Depending on How It Is Implemented Huntington Beach's proposal to"monitor ballot drop boxes located within the City for compliance with all applicable laws,"may also conflict with state law, depending on how it would be implemented. State law provides that county elections officials—not city officials—are responsible for establishing the number and location of ballot drop boxes, setting ballot collection and chain of custody procedures, and maintaining security at such locations. (See Elec. Code, § 3025.) Regulations specify, among other things, that"[i]f feasible, drop boxes shall be monitored by a video surveillance system, or an internal camera that can capture digital images and/or video."(Cal. Code Regs. tit. 2, § 20135, subd. (e).) State law also expressly prohibits— with the intent of dissuading another person from voting photographing, video recording, or otherwise recording a voter within 100 feet of a polling place or outdoor site at which a voter may cast or drop off a ballot. (Elec. Code, § 18541.) Until the City provides further details about how this proposal would be implemented, it is not clear that the City even has the authority to enact such a measure,2 or whether or how it might conflict with existing law and regulations. Accordingly, we respectfully urge you to reject this proposal. If the proposal moves forward and is ultimately passed, we will take action to ensure that any monitoring system implemented by the City does not interfere with the right to vote or otherwise violate state law. Sincerely, Sincerely, • !i` Shirl y N. eber, Ph.D. ROB BONTA California Secretary of State California Attorney General cc: Michael Gates, Esq., City Attorney, Michael.Gates(a,surfcity-hb.org Cathy Fikes, Senior Administrative Assistant, CFikesna,surfcity-hb.org 2 Only county elections officials may establish ballot drop boxes,designate their location and hours of operation, and provide for the security and chain of custody of the ballots deposited in them. (Elec. Code, § 3025; Cal. Code Regs.tit. 2, §§ 20133,20137.)Among other unanswered questions, it is not clear whether the City contemplates establishing its own ballot drop boxes in addition to those already in existence and, if so,what security and chain-of-custody procedures the City intends to use,or what impact there may be on state or federal elections. From: Chuck Burns To: suoolementalcomm(alsurfcity-hb.orq Subject: Senior Living Facility Corner Bolsa Chita and Warner. Date: Tuesday,September 26,2023 3:19:41 AM I urge you to reduce size to no more than three stories for this planned development. Otherwise the unintended consequences are limitless. Please forward to planning commission as well. A reply will be appreciated. Chuck Burns Huntington Beach SUPPLEMENTAL CO14MUN CATION Meets te: `1/-z$/23 Agenda Item Na.; "2 ( 23 I YSS) From: Levin.Shannon To: suoolementalcomm(aa surfcity-hb.orq Subject: FW:Voting restrictions Date: Tuesday,September 26,2023 9:13:49 AM Original Message From:Trudy Josephson<verytrudyyours@gmail.com> Sent:Tuesday,September 26,2023 8:40 AM To:CITY COUNCIL(INCL.CMO STAFF)<city.council@surfcity-hb.org> Subject:Voting restrictions I just read about the new proposal being discussed for requiring one to show a ID in order to vote.May I suggest that you tour the Santa Ana offices of the O.C.Registrar.They would be pleased to show you the whole process. You will learn how amazingly thorough they are in handling ballots&how they check for authenticity by comparing the signature from the signed ballot itself to that of their drivers license or like ID. Very Trudy Yours, Trudy Josephson From: Jeanne Paris To: suoolementalcommCa surfcity-hb.orq Subject: Supprt City Charter changes/clarifications Date: Tuesday,September 26,2023 1:10:15 PM To: The City Council My name is Jeanne Paris-resident of Huntington Beach for 27 years. I would like to write in favor of the changes and clarifications being proposed by the City Council. The last time the charter was revised was 2010. I believe these updates are needed to better reflect our current times. Regards, Jeanne Paris From: Betty Kann To: suoDlementalcommCa�surfcity-hb.orq Subject: Reject or table Charter Change Proposals Thursday Date: Wednesday,September 27,2023 8:06:47 AM 9/27/23 Council Member, I'd like to express my thanks for your encouraging initial efforts last week to openly discuss the City Charter Proposals among all Council Members present at Meeting Number Two of the four scheduled public meetings. This was a much need start in the open deliberation process. I must continue to urge you to abandon this spectacularly unpopular push to place multiple Charter Change initiatives on the March ballot. Take a long breath and return to the city business you were elected to address.Nothing in these rushed Charter proposals warrant the schism within our community that your misjudgment has engendered. Let cooler heads prevail and reconsider each of your proposals. Could one or more be refrained as a possible Ordinance to be discussed fully before our community and possibly be approved by more than four members?Must the item be carved in stone into our city's Constitution?An Ordinance provides more future flexibility. Take each initiative and consider just abandoning it altogether or deferring it for future consideration. If that's not an option,think about proposing it as an Ordinance to be heavily discussed before the public and then enacted or not. Those things that must be considered as Charter Amendments should be heavily vetted and publicly discussed with robust citizen input. If it still seems popular,place it on the November General Election ballot as an honestly,not misleadingly named, stand- alone item. It will either survive or fail based on its actual merits. Please begin to work collaboratively! The Four-Pronged Rubber-Stamp is being grossly overused and smacks of ham-fisted,willful and repressive abuse of power. We respect that each of you successfully came into office with 12 or 13%of the vote,but that is not a mandate by any stretch of the imagination. Engage all seven members in the grave matters confronting our city. Please take a deep breath and seek to m the respect of the entire electorate,not just your deep pocket donors with their self-serving motives. Rise above it. Stay clear of Culture War items and Performance Politics that only serve to produce discord and reduce harmony within our community. Seek to bring our outstanding,multifaceted and diverse community together. That's what we voted you into office to do. You can do this! Together. Betty Kanne Huntington Beach (40+year HB resident, homeowner, unfailing voter) bettykanne@hotmail.com From: delaine.bailey.1791Calgmail.com To: suoolementalcommCasurfcity-hb.orq Subject: Opinion regarding Section 702 Procedure for Holding Elections&Section 705 Special Provisions Relating to Municipal Elections Date: Wednesday,September 27,2023 1:26:43 PM Dear City Council: Upon listening to your recent discussions about the legitimacy of our elections, I would like to present some facts: The following is from documents provided by Election Integrity Project California, Inc. (EIP-Ca). Link https://www.eip-ca.com/EIPCa_Overview_FINAL_updated_4152022.pdf (Page 1) California's Election Model: Voting "Experience", Not Election Integrity. As California lawmakers increase registration and ballot "access" without sufficient safeguards, Election Integrity Project California Inc. continues to work to ensure that every vote is lawfully cast and accurately counted. EIP-CA Documentation of California Election Law & Procedures: • Legislation that weakens or removes integrity in election process • No Photo Voter ID • Pre-registration of 16 yr. olds • Felon voting • Same-day registration and voting without ability to ensure legitimacy of the voter • Automatic DMV registration resulting in hundreds of thousands of changes to voter registrations without their knowledge • Potential Manipulation of National Voter Registration Act Section 7 & Section 8 resulting in massively bloated voter rolls. • Mailing Vote by Mail ballots to every name on the state or county voter rolls, including those ineligible yet still listed due to poor list maintenance procedures. • Manipulation of Vulnerable Populations through Ballot Harvesting • Non-citizen registration & voting with / without their knowledge due to Motor Voter • Policies and Procedures that do not protect integrity in the management of elections and the processing of the ballots (Page 2) The Election Integrity Project California, Inc. (EIP-Ca) continues to document the truth: the radical change in California is due to the corruption and easy manipulation of our electoral process. Noncompliance with state and federal law has resulted in voter rolls bloated with illegitimate registrations, and in procedures in the polls that provide easy access to a ballot by those unqualified to vote or who are attempting to vote more than once. California's legislative body appears intent on using legislation to create greater distance between the citizens and the assurance that their vote counts. (Page 3) EIP/EIPCa has documented a pattern that shows our reports were used to determine which issues weaken the election process and then laws were written or updated to legalize those very issues we exposed in our reports. From The Election Integrity Project California, Inc. (EIP-Ca): The Golden State Agenda / California's Legislative Blueprint for the Destruction of Election Integrity "It is enough that the people know there was an election." J. Stalin Link: https://www.eip- ca.com/The_Golden_State_Agenda_with_attachments_u pdated032023.pdf Here is a sampling of this report from Pages 1 & 2: Step-by-step for most of the last three decades, California's legislature has slowly implemented a well-thought-out progression of laws that work synergistically to erode any semblance of election integrity in the state. The erosion and ultimate destruction of the California Republic is the end game of the Golden State Agenda. The swift progress of the Agenda was made possible by what appears to be the intentional failure of the federal government to enforce the elements of federal election laws designed to protect the electoral process (NVRA and HAVA). In addition, Congress has remained selectively deaf, dumb and blind to the obvious defects in these laws and to the critical necessity of updating them to account for changing times and political environments. California's executive and judicial branches also began a slow decline into electoral anarchy by refusing to enforce many of the state laws that stood between the right of their citizens to choose those who would govern them and the desire of the "governing class" to cement their complete and permanent control of electoral results. Starting in 1998, the California legislature began in earnest to implement the Agenda that would ultimately result in a transformation of the way California's' government functions. Each year California operates less as a Constitutional Republic and more as a Socialist Oligarchy. The Constitutions of all 50 states mandate that voting is a privilege given ONLY to legal citizens. California's election code guarantees every registered citizen ONE, privately cast, uninfluenced vote that is accurately tabulated. Nevertheless, the implementation of the Agenda paved the way for integrity in the election process to be weakened or eliminated. As a result, these guarantees are too easily circumvented, and more potentially unlawful votes can too easily be cast in competition with lawfully cast ballots. The results are: • Work overload of elections officials, diminishing ability to maintain integrity. • Distancing by time and geography of voters from their ballots and from election results. • Diminishment or complete removal of secret ballot. • Diminishment of meaningful citizen oversight. • Loss of governmental voice by California's most vulnerable citizens. • Potential dilution of citizen vote by non-citizen and other illegitimate votes. • Loss of choice and personal responsibility. • Potential and irrevocable harm to legal immigrants on legitimate path to citizenship. • Diminishment and attempted removal of ALL "restrictions" to voting (age, legal status, citizenship status, jurisdiction, criminal status, etc.). FEDERAL LAWS 1994 National Voter Registration Act (NVRA) - Section 7 and Section 8 open the door to making it possible to manipulate the outcome of elections in every state in the Union. • NVRA and CNVRA (CA's version of NVRA) requires no verification of citizenship. • NVRA (Section 7) requires all individuals interacting with state or federal government agencies to be offered a voter registration form without implementing safeguards to ensure only ONE of those registrations could be submitted or that the registrants are eligible. Further access to voter rolls was given to all non-citizens through Obamacare (Covered California) and the extension of social services such as welfare, social security, health care and food stamps to non-citizens, including the undocumented. Increased easy access of non-citizens to voter rolls through the DMV. California's issuance of driver licenses to undocumented immigrants starting in 2015 increases their access to voter rolls. • NVRA (Section 8) requires voter roll maintenance; 1993 special dispensation to CA by Clinton DOJ gives CA years of extended time to comply with this mandate. 2019 — Election Integrity Project®California (EIPCa) wins settlement that re-establishes mandate for California to comply with list maintenance requirements. From https://www.eip-ca.com/ : EIPCa Voter Roll Research Questions Surround Irregularities in California's 2020 Election Nonpartisan watchdog seeks answers on over 2 million documented registration and voting anomalies. Santa Clarita, California (June 22, 2021)Click here to download copy of press release-- California's November 3, 2020 election was marred by significant voting and registration irregularities, according to Election Integrity Project® California, Inc. (EIPCa). The non-partisan organization analyzed the state's official voter list of February 9, 2021 and reported its findings to California's Secretary of State Shirley Weber on June 17, 2021. This followed EIPCa reports of 2020 cross-state voting on April 30 and May 18, 2021 that the Secretary has ignored. EIPCa's June report cites California's election code that requires officials to provide timely answers to citizens' questions. EIPCa seeks answers to the following questions, on behalf of California voters: 1. Why are there almost 124,000 more votes counted in California's November 3, 2020 election than voters recorded as voting in that election? And why is most of the discrepancy driven by 116,000 vote-by-mail ballots with no apparent voter identified in VoteCal's voting histories? Click for a list by county. 2. Why do more than 7,700 voters have TWO November 3, 2020 votes credited to their voting histories? These are two votes credited to each of 7,700 unique (non-duplicated) registration ID numbers in the state database. This indicates mass double voting, a significant programming error in the state's registration system, or both. 3. Why does California have 1.8 million more registered voters than eligible citizens and why did this overage rise 72% in the 2020 election cycle? Click for a list by county. In conclusion, there are thousands of documents, studies, and observations on what California is doing to destroy the integrity of the citizen vote. Also, certain members of our Council keep touting the cost of the changes proposed by the conservative members, but the millions of dollars that have been spent sending out mail-in ballots to everyone on the voter rolls (the bloated voter rolls), manufacturing and distributing Vote Boxes (how much did those cost?), holding election in various buildings (how much did that cost?) instead of the old-fashioned way of voting in garages, free of charge. And regarding the comment about people's garages being ADA compliant, that is just another way to prevent the majority of citizens from exercising their freedoms to vote in places that are convenient. People who need wheelchair assistance have many avenues of voting so that is not a legitimate excuse. Futhermore, what is the cost of elections now as compared to 20 years ago, adjusted for inflation? Layers of people have been added to touch, review, manipulate, duplicate, and perhaps destroy our ballots. We need to get back to the safe way elections were once held. Same day voting, in your own precinct, ID provided, ballots counted same day, election results that night. Our system has been corrupted with multiple-day voting, vote anywhere, by anybody. Now is the time to stand up and fight back against the corruption! Regards, Delaine Bailey From: Judith Lewis To: CITY COUNCIL(INCL.CMO STAFF); McKeon.Casey;Van Der Mark.Gracev;SuDDlementalcommCa�surfcity-hb.orq; Strickland,Tony; Burns.Pat; Moser.Natalie; Kalmick.Dan; Dan Kalmick Subject: Proposed Ballot Issues 9/28 Agenda Date: Wednesday,September 27,2023 2:12:11 PM I watched your Special Meeting on September 21, 2023 in its entirety. Thank you for putting some daylight on your proposed charter amendments by having these discussions and opportunities for citizen input. However, a commission with full citizen participation and staff support to review the implications and costs of each item before being proposed as Charter Amendments is still the more intelligent thing to do. I vehemently oppose the Voter ID requirement. Council members Strickland and McKoen claim they want the Voter ID item to ensure their constituents "trust" the voting process. Unfortunately, for the last several years, it has been conservative disinformation that has damaged that trust. No research or facts,just innuendoes, implying that vast numbers of ineligible dead, undocumented or "others" are voting illegally. Studies and investigations have consistently proven this untrue. It may not be the goal of the individual Council members, but it is the goal of the conservative movement as a whole to suppress the vote of certain groups who are not apt to vote for them. Regardless of your intention, the result of requiring Voter ID does in fact negatively affect 11% of the population according to a detailed research study conducted by the nonpartisan Brennan Center for Justice. Report available at: https://www.brennancenter.org/our-work/research-reports/challenge-obtaining-voter- identification Per the Brennan report, "Many American citizens lack the documentation these laws require. In fact, more than 1 in 10 voting-age citizens do not have current, government-issued photo ID. Some populations lack these documents at even higher rates: 25 percent of African- Americans, 16 percent of Hispanics, and 18 percent of Americans over age 65 do not have such ID." Further they state, "Voter ID laws will make it harder for hundreds of thousands of poor Americans to vote. They place a serious burden on a core constitutional right that should be universally available to every American citizen." In their report Brennan spells out the difficulties in obtaining voter ID including lack of transportation, distance to offices, limited hours of service, costs, need for multiple documents such as birth certificates and marriage certificates. Free ID's do not solve these problems. I oppose the changes in City Clerk qualifications and City Attorney power as I see no benefit to the City. Nor do I think the City should be overtly discriminating against the gay community by excluding their flag. I'm not sure in what form book banning has been proposed but I see no justification for it. Thank you for your consideration of my concerns. Judith A. Lewis 4057 Warner Avenue Huntington Beach CA 92649 36 year HB resident, 38 year public service retiring as Captain from L A County Sheriff Masters Degree in Public Administration From: Judith Lewis To: suoolementalcomm@surfcity-hb.orq;CITY COUNCIL(INCL.CMO STAFF) Subject: Can noncitizens vote in U.S.elections? Date: Wednesday,September 27,2023 2:24:10 PM For your Information in considering your Voter ID proposal: apnews.com Can noncitizens vote in US elections? By Ali Swenson Federal law bans noncitizens from voting in federal elections, including races for president,vice president,Senate or House of Representatives. The 1996 law states that noncitizens who vote illegally will face a fine,imprisonment or both.Noncitizens who cast a ballot and get caught may also face deportation. When people in the U.S.register to vote,they confirm under penalty of perjury that they are U.S.citizens. Several states also verify that registration against federal and state databases. Some politicians and pundits have raised alarm that noncitizens could be voting illegally in high numbers.Studies show this isn't happening,according to Ron Hayduk,a political science professor at San Francisco State University who studies noncitizen voting laws. While there have been anecdotal reports of noncitizens registering and casting ballots,"the incidence of such occurrences is infinitesimal," Hayduk said. Research by the Brennan Center for Justice in 2017 looked at 42 jurisdictions in the 2016 election,and reported that of 23.5 million votes cast,election officials only found about 30 cases of potential noncitizen voting that they referred for prosecution or further investigation. More recent investigations also haven't shown proof of widespread noncitizen voting.A Georgia audit of its voter rolls conducted this year found fewer than 2,000 instances of noncitizens attempting to register to vote over the last 25 years,none of which succeeded. Millions of new Georgia voters registered during that time period. Federal law doesn't stop states or municipalities from granting noncitizens the right to vote in local races—and a handful have, including 11 towns in Maryland and two in Vermont.New York City this year passed a law that would allow legally documented noncitizens and "Dreamers"to vote for mayor and other elected officials,but a judge blocked the move in June. The AP is answering your questions about elections in this series. Submit them at FactCheck@AP.org.Read more here: Judith A.Lewis 4057 Warner Avenue Huntington Beach CA 92649 714 742 5444 From: janet Michels To: suoDlementalcommOsurfcitv-hb.orq;CITY COUNCIL(INCL.CMO STAFF) Subject: Huntington Beach Charter Amendments-please do not proceed Date: Wednesday,September 27,2023 2:34:27 PM Deer City Council, I again implore you to table the large number of amendments you have recommended and re- visit when you put together a representative committee to do a full review if you have concerns, and hire a professional facilitator to help balance the work. The feedback you are receiving is 90%against what you are doing, and this should inform your actions. I am again 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: Diane Pavesic To: 5uoolementalcomm(a)surfcity-hb.orq Subject: Fwd: Charter Amendments Date: Wednesday,September 27,2023 3:03:18 PM Sent from my iPad Begin forwarded message: From: Diane Pavesic<dianepavesic@cs.com> Date: September 27, 2023 at 2:58:00 PM PDT To: city.council@surfcity-hb.org Subject: Charter Amendments Dear City Council, I am a 33 year resident of Huntington Beach and have I voted in all elections. I have never seen such disregard for the citizens of our City until this current council was elected. You may have tricked the citizens into voting for you,but I appreciate that you have opened our eyes to your true purpose. We will not make this mistake again. I oppose all of the proposed charter amendments. How is it that you feel you have the right to disregard the dignity of our residents?Why are you not addressing the actual needs of this City like the rampant homelessness instead of proposing changes to imaginary problems that do not exist? I have heard some of you use your belief in God and righteousness in your proposed changes. I am certain you do not know what Jesus preached,which was not to disregard and belittle members our community as your proposals demonstrate. Thank you for the opportunity to enjoy additional exercise while I walk door to door to educate my neighbors who have had the wool pulled over their eyes by the thoughtless majority of this City Council. Sincerely, Diane Pavesic Sent from my iPad From: Joan Naale To: suoolementalcomm( surfcity-hb.orq Subject: Amendments Date: Wednesday,September 27,2023 3:30:26 PM Council Members, You were elected by the people of Huntington Beach to represent ALL. Now most of you are full of righteousness and following a narrow agenda. Show true leadership and put on your big girls/big boy pants(ie stop acting like toddlers throwing a tantrum)and represent ALL of HB not a very small bigoted minority. Do the right thing. HB Resident of over 45 years, Joan Nagle Joan From: Carol Daus To: suoolementalcomm(a)surfcity-hb.orq;CITY COUNCIL(INCL.CMO STAFF) Subject: Opposition to the Charter Amendments,specifically voting Date: Wednesday,September 27,2023 4:22:14 PM Dear Council Members, Thanks for holding a third meeting regarding your proposed Charter Amendments. Sadly, I don't feel the last couple of meetings were productive; let's hope the last two are. I am deeply opposed to the charter amendments being placed on the March primary ballot by the majority Council members at a cost to HB taxpayers. It's unnecessary and harmful, particularly the measure on local control over elections. From how it was presented last week, you would either work with the Orange County Registrar of Voters to accomplish this or work completely independently of the OCROV to run our elections. The latter is even more disturbing. Given how disorganized and uninformed you were during the last couple of meetings about either process, it makes me wonder how my vote will be handled in future elections. I also wonder about the true costs of running this local election that would include cybersecurity operations. You failed to provide that information. During these public meetings, 9o% of the residents vehemently opposed this move. No wonder! The public is concerned about the expense (estimated at $400,00o to $i,000,000) that would be required to add the proposed charter amendment to the March primary ballot, as well as the ongoing cost to add voter ID administration, new polling places, drop box monitoring, cameras for drop box locations, extra poll workers, and more. Yet there have been no reported incidents of voter fraud both in Huntington Beach and in Orange County! Plus, most voters now vote by mail-in ballot. Why should Huntington Beach undergo this madness when there's no reason other than the conservative majority's MAGA-driven paranoia about voter fraud? You are instilling MAGA politics into our voting process, and your plan will only be confronted with litigation, costing residents even more. The Orange County Registrar of Voters has one of the best reputations in the country for managing secure and safe elections. In fact, it was awarded the ISO 9oo1:2o15 certification, an internationally recognized standard that ensures its services meet the needs of stakeholders using an effective quality management system. It is rare for government institutions to receive this high level of certification, which is typically applied in leading private industries. Sincerely, Carol Daus Huntington Beach resident, 28 years Switzer, Donna From: Lynne Deakers <Icdeakers@gmail.com> Sent: Wednesday, September 27, 2023 4:49 PM To: CITY COUNCIL(INCL. CMO STAFF); supplementalcomm@surfcity-hb.org Subject: Proposed charter amendments My husband and I have been residents of Huntington Beach for over forty years.We love the diversity here.We are strongly opposed to the the proposed City charter amendments. Please do not deny us our rights as citizens to fully participate and have a voice in how this city is run. Please don't waste our tax dollars on things like election security that is already top notch. Please respect the importance of the high standards already set for the city clerk position and the need for public transparency on issues that go before the city council. It is our understanding that you represent us. Please consider the views of many community members who oppose your seemingly unconventional power grab. It is no way to keep this viable city we can all be proud. Tim and Lynne Deakers 1 Switzer, Donna From: Sandra F <sandyfazio@gmail.com> Sent: Wednesday, September 27, 2023 5:27 PM To: supplementalcomm@surfcity-hb.org Subject: Charter Amendments It seems that the new City Council members look at dollars in the millions like I look at the 20s in my pocket. !.2 million to put charter amendments on the ballot and then millions more to implement them. This is not a little bit of money, the citizens' money. Please rethink this. Sandra Fazio Huntington Beach Resident Not an outsider. 21612 Bahama Ln, Huntington Beach, CA 92646 1 From: Diana Lithgow To: suoolementalcomm)a surfcity-hb.orq Subject: OPPOSE Charter Amendments Date: Wednesday,September 27,2023 6:14:49 PM Dear HB City Council, While the many and varied proposed Charter amendments have a few items that deserve further attention,they were unilaterally drawn up by a few, and are so poorly written as to likely be unenforceable. Additionally, many are clearly written for voter suppression and to marginalize a select groups. This is un-American and not what government is supposed to be focused on for the work of the citizens. Please drop these current amendments and start the process of looking at WHAT really needs to be changed in the Charter, and base it on facts and data--not "many people have said" and "people tell me" opinions of the few. I have attended every single Ad Hoc Committee meeting open to the public and the overwhelming voice of the public is against these Charter changes--please listen to your constituents and not your personal agendas. Regards, Diana Lithgow 41 year Citizen of Huntington Beach Diana Lithgow, PhD,DNP,RN,FNP-BC,FAANP Professor of Nursing College of Graduate Nursing Western University of Health Science 909-469-5523(CGN Office) DLithgow@WesternU.edu From: Ted Ross To: suoolementalcomm(a surfcity-hb.orq Subject: Huntington Beach City Proposed Charter Amendments HBCC agenda item 23-835 Date: Wednesday,September 27,2023 6:48:07 PM Huntington Beach City Proposed Charter Amendments Citizen Straw vote 1. 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 Disapprove 3. Stop potential political wrongdoing by requiring alleged malfeasance by a City Official be investigated by outside agencies. 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 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 -Approve Sent from my iPhone Ted Ross Huntington Beach resident Switzer, Donna From: Elizabeth SanFilippo <elizabethsanfilippo@fuller.edu> Sent: Wednesday, September 27, 2023 6:59 PM To: supplementalcomm@surfcity-hb.org; CITY COUNCIL (INCL. CMO STAFF) Subject: Potential Changes to City Charter-- Concerned I am a Huntington Beach resident and home owner for over thirty years and am concerned about the potential City Charter changes regarding how elections will be conducted. Until the following questions are fully addressed, I believe the Charter Changes should not be included in an upcoming election: What evidence is there of any election issues that justify any changes to voting in Huntington Beach? (It is my understanding that the Orange County Registrar has been acknowledged as very effective in administering this important responsibility.) Who would publish and distribute voting materials—State of California and the County or State of California and the City? If the City will publish and distribute materials, how will the City ensure their timely distribution? Currently, Huntington Beach voters may drop off their ballots anywhere in Orange County or mail boxes. Will the Charter Changes limit voting locations and options for Huntington Beach voters? How will the City perform timely counting of the ballots and submitting these counts accurately to the County Registrar and/or Secretary of State to ensure our votes are included in the County's and State's results? What are the total costs associated with the proposed changes to elections on an ongoing basis and how will the City fund these costs? Since the City Council recently contemplated budget cuts to services provided to residents, I am concerned about the cost of this ballot measure, which has been projected to be around $1 million dollars or more. To be financially responsible, questions regarding the potential Charter Changes should be fully addressed prior to putting them on the ballot. Thank you for your consideration. Elizabeth San Filippo i From: nora oedersen To: CITY COUNCIL(INCL.CMO STAFF)5uoolementalcomm(asurfaty-hb.orq Subject: Charter Amendments-NO Date: Wednesday,September 27,2023 7:07:17 PM It seems impossible to believe that at a time of a budget shortfall,the majority four on City Council want to take over elections from our county and run it themselves. This is expensive for taxpayers,unpopular with voters and it smells rotten. Two of the four are well known unsavory characters. One has relations with hate groups, maybe even the Proud Boys. Photos show her happily surrounded with white supremacists doing gang signs. The second elected official paid large fines in Ventura for money laundering and election fraud and consorts with Scott Baugh, another OC politician guilty of election fraud. Do not change our city charter! Vote NO! Nora Pedersen Huntington Beach Switzer, Donna From: Kirby McCord <kirbymccord@gmail.com> Sent: Wednesday, September 27, 2023 7:20 PM To: supplementalcomm@surfcity-hb.org Subject: Vote No Charter Changes City Council &Mayor City Council and Mayor, Zany it is not.Pitiful and sad,maybe. Corrupt and authoritarian, absolutely! This majority city council is destroying our city and our local democracy and funding it with our taxpayer dollars.Do not support changes to our city charter. Vote no on Charter changes! Kirby McCord Resident, Huntington Beach Kirby McCord (714) 330-8186 kirbymccord@gmail.com 1 From: cherivatkinson(aaol.com To: suoolementalcomm©surfcity-hb.orq;citvcouncil@ surfcity-hb.orq;Cheri Atkinson Subject: My vote is No on Item 7, No on Item,and No on All Charter Ammendments-To go on the record Date: Wednesday,September 27,2023 8:05:51 PM Dear City Council 1. I vote No on disbanding the Human Relations Task Force in HB, although I did not see it on Item 7. With Hate Crimes up in HB, we need the Human Relations Task Force. They help with HBPD, to monitor Hate Incidents and Hate Crimes. They have programs, that facilitate dialogue. It is unwise and dangerous, to eliminate the Human Relations Task Force. 2. I vote no on Item 15- Making HB a No Mask and Vaccine City. If some one infected dosen't wears a mask, and do, I am only 30 % protected, but if they do and I don't, I have a 70% protection rate, if we both do, then is almost a 100% protection. Let's do what other countries do, and focus on the common good and not individual rights. We do not know, what pandemic is ahead and don't want to lock ourselves into "No Mask and No Vaccination HB" 3. I am against all Charter Ammendments and feel that taxpayer money can be used in many more productive ways. I went to the University of Florida, lived in Florida, andnow live in Huntington Beach, and don't feel that we should be following Florida's playbook. 1. We do not need to reduce the qualifications, of the Elected City Clerk. It is an important position, why reduce the qualifications. 2. The City Attorney, should be accountable to the City Council., and its constituency. It is not posted about how much money, the City Attorney has lost the city in frivolous law suits, only successes. We need quality control, and someone to oversee the money that the City Attorney is costing the city of HB. 3. The County should continue to conduct the elections, as they have had. Many election workers have reported, that the elections have been run fairly. I do not trust with our new HBCC, that the elections will be conducted fairly, and without voter suppression. Adding Poll-Watchers, smacks of inimidation. 4. Banning the Pride Flag- Continues to show HB as unwelcoming and unsupportive of our LGBTQ residents and the new Statement of Dignity has definite Anti-Trans rhetoric. My comments are for Public Record Cheri Atkinson LCSW/ HB Resident From: Cynthia Benton To: suoolementalcommt surfcity-hb.orq Subject: proposed amendments to City Charter Date: Wednesday,September 27,2023 8:15:40 PM My name is Cynthia Benton. I am a 44 year resident of Huntington Beach,and I vote. I am writing to you to urge you to vote"NO"on the proposed amendments to our City Charter. I served on the most recent Commission to Review our City Charter. It was a thoughtful and professionally led review of the existing charter that spanned months and received input from members of the community as well as city staff. It appears that the proposed changes are designed to help advance the political futures of some as opposed to improving our city's governing document. It's interesting that these changes are so urgent that they weren't proposed or considered by the last Charter Review Commission but they are so urgent that there is no time to follow the normal process. It speaks volumes about why this is being done the way it is. I urge you to vote NO on the proposed changes. Thank you. Cynthia Benton Huntington Beach Special City Council Meeting September 28, 2023 For Discussion of Potential Charter Amendments My name is Harry F. McLachlan, I am a resident of Huntington Beach. I am here tonight to once again urge the council to reject Charter Amendments No. 1 and No.2 in their entireties. I am open to consideration of Charter Amendment No. 3 and await the results of the discussions on this from the September 21st meeting. First off, I would like to commend the entire City Council for finally addressing an issue that is of importance to all citizens of Huntington Beach and NOT just the personal and political preferences of a select few: the establishment of regulations for e-bikes within our beautiful city. Please continue to work with law enforcement to come up with a reasonable municipal code to be presented at your October 5th meeting that is fair, safe, and equitable to both e-bike riders and the public at large. Second, I would like to address the clear and consistent bias projected by certain members of this council against the LGBTQ+ community of our city, particularly Councilwoman Van der Mark and Councilman Burns. Contrary to your verbal denials, your actions regarding the Huntington Beach Library issue and the banning of the Pride flag speak loudly of your intentions. Have any of you actually spoke SERIOUSLY and AT LENGTH with any members of this community? PLEASE DO! You might find, as I have, that their sexuality might not be a choice, that it is who they are and were at birth. NO ONE I've talked to and certainly no friends I know quite well and for many years CHOSE to be persecuted, hated, and discriminated against. They are who they were born to be. They weren't "groomed" to be who they are by anyone else or any book they've read or any movie they've seen, contrary to the constant propaganda flouted by conspiratorial, pseudo-Christian hate groups like "Turning Point USA", "Moms for Liberty", "Focus on the Family" and others. So, I ask you all to please consider reading at least one chapter of a book written by Dr. Particia L. Churchland titled "Touching a Nerve—The Self as Brain", which explains in understandable detail the biology behind the development of a person's sexuality. Chapter 5. A mere 32 pages. Hopefully it will increase your understanding of why people are who they were born to be. You can get it at the Huntington Beach Library. I quote, "Accepting that our brains are the basis of who we are liberates us from the shackles of superstition. It allows us to take ourselves seriously as a product of evolved mechanisms, past experiences, and social influences. And it gives us hope that we can fix some grievous conditions, and when we cannot, we can at least understand them with compassion." Thank you for your attention. From: Julie Hampel To: suoolementalcommc.arsurfcity-hb.orq Subject: Opposition on Proposed Charter Amendments and Endorsement of Seeking California AG Opinion Date: Wednesday,September 27,2023 10:37:12 PM Dear Huntington Beach City Council: After months of input from Huntington Beach residents opposing City Charter Amendments, the HB City Council continues on the same (war) path with their Proposed Charter Amendments. A need analysis for these Amendments has yet to be provided and your fiscal analysis is flawed (numerous components were missing). Why are you proposing City Charter Amendments when, it appears, that only 4 members (the Ad Hoc Committee) want them? Besides, the Ad Hoc Committee is NOT an Ad Hoc Committee. It is, however, a one-sided, hand-picked, determined to have their way group that has taken on a plethora of topics. It is looking more like a hostile take-over. My Comments remain the same. I oppose any and all Charter Amendments as well as a Primary Ballot for said bogus Amendments. I oppose and continue to oppose Item 23-835 in its entirety. Specifically, but not limited to, I oppose: 1. The Addition of Section 705 2. The Additional language in Section 309 3. Deletion of language in Section 309(I) and 309(m) 4. Deletion of language in Section 310 5. Additional language in Section 314 6. Section 806— Display of Flags (this is ridiculous) 7. Any reference to a Biennial Budget as amended in Sections 601, 602, 603, 604, and 605 8. All Additions and Deletions in Section 300 9. All Additional language in Section 618 10. Any Changes made to Measure C 11. Additional Language in Section 303 and 315 12. Changes to Sections 300, 307, 312, 313 13. Any other changes proposed by the One-Sided Ad Hoc Committee that have not been listed. I endorse Section 23-837: to Seek an opinion from the California Attorney General on eligibility for the primary ballot for Charter amendments involving City Clerk, City Attorney, and investigations of elected officials. The majority enjoyed by 4 of the City Council members does not equate to a majority in your constituency, as is evident during City Council meetings on these time-wasting actions where 90- 95% of the comments were in opposition to the Charter Amendments.Just because people with families are busy and can't provide comment doesn't mean they don't have a vote. Please don't waste any more time or taxpayer dollars on such frivolous endeavors. Stop this nonsense. I expect you to do better. You can do better. People will remember your actions. Change your direction. Make that choice. Julie Hampel Huntington Beach Resident Sent from Mail for Windows From: onewildart To: suoolementalcomm(alsurfcity-hb.orq Subject: September 28,2023 meeting Date: Wednesday,September 27,2023 11:38:32 PM Dear Council Members, Last week it seemed like some of the discussions got bogged down in minutiae.Please stay on track with the important items so you can move ahead on decisions regarding impending Charter issues.If there isn't a solid plan I urge you to postpone putting items on the ballot until November. Also,why hasn't there been a committee formed to involve council members/citizens?We get a brief 90 seconds before and after the Council's discussion.A committee with real back and forth dialogue might actually produce some solid ideas and an opportunity for consensus. Please continue to engage with each other in reaching solutions that address concerns of your Huntington Beach constituents. Trudy Roe 46 year resident Sent from my iPad Switzer, Donna From: MEG ROBINSON <twokyu@aol.com> Sent: Thursday, September 28, 2023 1:17 AM To: supplementalcomm@surfcity-hb.org Subject: Ballot measures I am a resident of Huntington Beach,and I am still strongly opposed to the ballot measures proposed. The city charter is fine as it stands. Meg Robinson 1 From: Paula Shawa To: suDDlementalcomm(alsurfcity-hb.orq Subject: Agenda Item 2/Special City Council Meeting/Sept.28 Date: Thursday,September 28,2023 6:41:29 AM To Whom It May Concern: I strongly object to these proposed charter amendments, which are being forced upon the city's residents. They will incur unnecessary costs and are not needed. They are a ruse to take over control of local government by an extremist Far Right faction. This is NOT democratic. Paula Shawa, 16822 Edgewater, HB From: Anthony Daus To: suoolementalcomm(dsurfcity-hb.orq;CITY COUNCIL(INCL.CMO STAFF1 Subject: In Opposition to Charter Amendments Date: Thursday,September 28,2023 6:47:57 AM I am writing this email in opposition to the charter amendments. I remain opposed to "dumbing down"the requirements to be the HB City Clerk. Second, the proposed changes to the voting procedures are a waste of time and money. No independent information has been shared with the public that shows these changes are necessary. The basis for these changes remains murky speculation by certain City Council members. What is even murkier is how a city like Huntington Beach will run and fund their own municipal elections in a secure and reliable manner. Finally, these meetings have been a complete waste of time. The City Council members have never changed their position after the vast majority of their constituency stands in opposition to their changes. Where is the agenda for tonight's meeting? Where is the transparency? Tony Daus HB Resident for 28 years Switzer, Donna From: SUSAN WEXLER <sjwexler@msn.com> Sent: Thursday, September 28, 2023 7:47 AM To: supplementalcomm@surfcity-hb.org Subject: Charter Amendments Please vote NO on all of the proposed charter amendments. Susan J. Wexler Get Outlook for iOS I. From: Melanie Bergeland To: suoolementalcomm(alsurfcity-hb.orq;CITY COUNCIL(INCL.CMO STAFF) Subject: HUNTINGTON BEACH CITY COUNCIL MEETING Thursday,SEPTEMBER 28,2023 Date: Thursday,September 28,2023 7:49:34 AM Members of the Huntington Beach City Council I want to again express my feelings considering the measures to amend the City Charter. I am totally against the proposed measures. Why are unlike measures being combined as one voting option? To save money is not a viable argument. In my humble opinion, combining measures like this, could be construed as intentional misdirection and manipulation. I do not understand why voting measures are being discussed at all. Huntington Beach has not uncovered any voting issues or inconsistencies in the voting process and outcomes in the past. The money to correct non-existent issues is concerning. The bigger question is why the HB citizens' questions continue to be mostly unanswered and if answered, the information is vague and not fully explained. Regarding the library, the system works, if a citizen challenges the placement of a book, the library personnel reviews the request and reshelves books in the relevant area of the library. We have seen this process work as described by Gracie, a book in question that she challenged, was re-shelved to a more appropriate section of the library. Why put extra and unnecessary work on city employees to review how many books? Why was the HB document on Human Rights to remove the earlier language concerning anti-racism, homophobia, religious intolerance? And to revise it to only address trans athletes, which quite frankly appears to be very discriminatory. This appears to be a hastily worded revision. I have been attending the recent council meetings and watching them online, with the intention to be better informed and express my thoughts with the facts as presented in the meetings and not water cooler gossip. I believe the HB City Council that we elected to serve the community should provide a clear and concise explanation regarding all changes put forth. Transparent with their intentions. Above all, have the ability to truly listen to the community's concerns and issues and act to address those concerns and issues with respect and thoughtful actions. Sincerely, Melanie Bergeland From: jodvkvlelCaaol.corn To: suoolementalcommC)surfcity-hb.orq;CITY COUNCIL(INCL.CMO STAFF) Cc: )odv Kyle Subject: City Council Meeting for Sept 28,2023--Fw: It"s Simple,Safe and Secure to Vote in Orange County Date: Thursday,September 28,2023 8:04:00 AM Dear City Council Members, I am a 25 year resident of Huntington Beach and am writing regarding the upcoming City Council Meeting on September 28, 2023. I strongly oppose the proposed changes to the City Charter. Regarding the Voter ID charter amendment, I am forwarding an email I received from the Fred Whitaker, Chairman of the OCGOP. The email is dated October 13, 2022 and addresses election integrity. The email assures Republican voters that: 1) "It is simple, safe and secure to vote in Orange County because your local Republican Party has worked to ensure elections are conducted with full transparency and confidence." 2) "We are one of the only counites [sic] in California to have full-time staff and an election attorney all year round. This allows us to work with the Registrar of Voters directly to review procedures, machines, Vote Center locations and participate in audits and testing." 3) "Voting on Election Day adds no additional benefit to voter security". Whitaker makes no mention of the need for Voter ID in the midterm election. Not surprisingly, despite his assurances that vote-by-mail and voting in person are safe and secure Whitaker outlines the future goals of the Republican Party: Voter ID and ending universal vote-by-mail. In a seperate email, the OCGOP also proposes to end ballot harvesting. Like HB city council members Strickland, Burns, McKeon, and Van Der Mark; Fred Whitaker fails to explain why the 2022 midterm elections are secure but Voter ID should be required in future elections. Clearly they have all decided that the only way to win elections is to rig the vote through voter suppression. If passed, the Voter ID charter amendment would turn an election process that free, fair, and trusted by the majority of Republicans, Democrats, and Independents into one that is rife with incompetence, confusion, and fraud. I urge all city council members to abandon this corrupt and anti-democratic power grab. Best Regards, Mary Kyle Forwarded Message From: Republican Party of Orange County <reply@ocgop.org> To: "jodykylel @aol.com" <jodykylel @aol.com> Sent: Thursday, October 13, 2022 at 12:38:51 PM PDT Subject: It's Simple, Safe and Secure to Vote in Orange County Orange County Republicans - Vote-by-mail ballots were mailed to every Orange County voter yesterday and in the coming days you will receive your ballot. I wanted to take a moment to address concerns on election integrity and the midterm elections. It is simple, safe and secure to vote in Orange County because your local Republican Party has worked to ensure elections are conducted with full transparency and confidence. It is critical Orange County Republicans secure their mail-in ballot by visiting california.ballottrax.net to track your ballot and ensure it arrives at your home. Whether you decide to vote-by-mail or in person, you should have and maintain possession of your ballot. We are one of the only counites in California to have full-time staff and an election attorney all year round. This allows us to work with the Registrar of Voters directly to review procedures, machines, Vote Center locations and participate in audits and testing. Voting by Mail Once you ballot is received, you can mail your ballot in with confidence once you sign up with Ballot Trax as you can sign up for email or text updates to confirm when your ballot is received and counted by the Registrar of Voters. The sooner you mail in your ballot, the more time you have to verify your ballot was received and fix any issues to ensure your vote is counted. Ballot Boxes Secure ballot drop boxes are available throughout Orange County as a convenient way to drop off your ballot. Ballots are picked up on a regular basis by multiple Registrar of Voters staff members to ensure no ballots are tampered with. Find your nearest drop box by clicking here. Voting In-Person If you prefer to vote in person, Vote Centers across Orange County open on Saturday, October 29th. You can vote at any Vote Center in Orange County until Tuesday, November 8th at 8 PM. You may either drop off your ballot at a Vote Center or choose to vote in person. Voting on Election Day adds no additional benefit to voter security but voting early allows the Republican Party and campaigns to focus resources on low propensity voters who may not vote unless we continue outreach. These voters are critical to Republican victories. After the Election After the election, our staff and army of volunteers are at the Registrar of Voters observing every mail-in ballot as signatures are verified prior to the ballot being counted. The Orange County Registrar of Voters has one of the most transparent balloting counting processes in the country. We will be there until all votes are counted to ensure every valid ballot is counted. The integrity of this election is a top priority for the Republican Party of Orange County. With more targeted and competitive races than ever before, we cannot allow misinformation to dissuade any Republican from voting in this election. Only with Republican victories can we pass important Election Integrity legislation including Voter ID and finally end universal vote-by-mail. Sincerely, Hon. Fred M. Whitaker Chairman, Republican Party of Orange County Click Here to Track and Secure Your Ballot PAID FOR BY THE REPUBLICAN PARTY OF ORANGE COUNTY Copyright©2022 Republican Party of Orange County, All rights reserved. You are receiving this email because you are a member or supporter of the OCGOP. Our mailing address is: Republican Party of Orange County 1422 Edinger Ave., Ste. 110 Tustin, CA 92780 Add us to your address book Want to change how you receive these emails? You can update your preferences or unsubscribe from this list. From: Karen Vogel To: suDDlementalcomm(alsurfcity-hb.orq Subject: Charter Amendment Date: Thursday,September 28,2023 8:08:09 AM I strongly support Council member Bolton's proposed amendment supporting library services in our city. Huntington Beach has an outstanding library system,well supported by the citizens.I have been active in library activities for many years.What I have noticed is a mutual positive relationship.Library staff work to provide programs that enrich the lives of our population.The programs include,multiple story hours for different groups, education and literacy programs as well as genealogy and now special opportunities for veterans. These programs need to be saved and the staff allowed to do their work.They are trained to provide the best resources for our city. Thank you for listening Faith Vogel From: Lilli Wells To: suoolementalcomm(@surfcity-hb.orq Cc: 5wells21(a)verizon.net Subject: Charter Amendments and general comments to the City Council Date: Thursday,September 28,2023 8:12:00 AM Mostly what I want to say is that the city council needs to listen and understand the people they represent. Instead of"preaching to the choir" with only like-minded individuals who are the minority, actual listen and represent the majority of constituents. We turn out in large numbers and are ignored when it comes to the voting. This is not representation. Library- let the Libirans decide what is best in the library Dignity- include all people, all races, all nationalities, all orientation in our welcome. No exclusion. We are all one human race. Yes, with beautiful differences, except when we cannot tolerate or show compassion for each other. We call this "Bullying" and it is going on in schools, cities, councils and offices around the country. This will never be our "best" option. Work together. Find the middle way and make it a WIN- WIN for all parties. Negotiate and come to agreements that can work for most people. What happened to "give and take on both sides?" Qualifications - Don't limit but raise the qualification for all city staff and council. Education is a must!!!! Housing- Negotiate a win-win so lower income people can afford to live in HB. It used to be the Mobil home parks that were affordable to lower income families, until the developers took over and raised the land rent. (Despicable and poor planning on the City's part). Financial dealing-stop all back room financial dealings that are not approved the people AND that are not transparent. Example: law suit that was settled with the Pacific Air Show. Reputation - Our city is losing its edge. Our city government will be known as "small minded", uneducated (at least some), racist, mean spirited, self-serving/self-dealing, and. non transparent, AND not representing the majority of people. Please do your part to listen to the people who come out and love this city. We are all concerned and want a FAIR and Transparent council that will represent the majority. Let's get to work and do what is right. Lilli Wells Lilli Wells, MS, RDN Long Beach City College Nutrition &Dietetics Department From: Andrew Mi118 To: CITY COUNCIL(INCL.CM0 STAFF) Cc: 5uDolementalcommCa surfcity-hb.orq Subject: Charter Date: Thursday,September 28,2023 8:12:40 AM City Councilmembers, What is the motive of the HB City Council to change our city charter? Who drafted the amendments? Will the council majority listen or respond to the numerous opinions expressed against the Charter amendment action? What are the justifications for spending money on amendments that no one requested, and no one wants? Please stop this nonsense! Vote no on changes to our charter. Andrew Mills Homeowner, Huntington Beach From: ritarisk(&aol.com To: suDDlementalcommCa surfcity-hb.orq Subject: Do not change election procedures. Date: Thursday,September 28,2023 8:18:44 AM Please do not change the city charter on elections.) W.R. and Rita Collins Sent from AOL Desktop From: }Celle ChaomanPavlik To: suoolementalcommCalsurfcity-hb.orq Subject: Tonight's City Council Meeting Date: Thursday,September 28,2023 8:56:32 AM Council members, I am a 30 year resident of HB and have many concerns about the proposed charter amendments that this council is trying to ramrod through. Specifically the voter ID amendment. I'm very concerned that this move is part of a greater national effort by Republican held cities and states to suppress voter turnout. HB is turning progressively "blue" each election cycle and I think this scares this council. There has been zero voter fraud in this city -just as there was an insignificant percent of voter fraud in CA or nationwide. In the wake of the 2020 election with its 60+ lawsuits alleging voter fraud, (ALL of which were dismissed) there has been over 400 voter suppression laws enacted in red states. If the GOP can't win elections on their agenda,they are suppressing votes. These unnecessary efforts create doubt and uncertainty in the integrity of our system and more importantly cost the taxpayers money to implement. Our city has plenty of issues (homelessness should be a priority)that need to be addressed and I'd like to see my tax dollars being spent there and not wasted on changing laws that don't need changing. I'd like a dollar amount for each of these amendments and I'd like to know who plans to "monitor" (and/or intimidate)voters at the polls and poll boxes.These are practices from the 1950's when the black vote was trying to be suppressed. This city (along with its banning of the pride flag, it's public library proposals and the dismantling of the "Hate crime"task force) is moving backward and what you are trying to ramrod through now is shameful. When a member of the Proud Boys shares a congratulatory dinner with 3 of our council members, it's time to say STOP. HB is showing up in the news for all the wrong reasons and thiis city council is becoming an embarrassment. Kelly ChapmanPavlik Resident Sent from Yahoo Mail for iPhone From: Scott Malabarba To: CITY COUNCIL(INCL.CMO STAFF);5uDDlementalcommesurfcity-hb.orq Subject: in opposition to 23-835/charter amendments,in support of 23-837 Date: Thursday,September 28,2023 9:00:53 AM Dear HB City Council, In support of 23-837 Thank you again to council members Moser and Kalmick for injecting common sense into these proceedings. This agenda item looks to me to be basic due diligence that should be completed before the city attempts to change an election system that is firmly defined by state and county law. Yes, the city should make sure the proposed changes are legal and will not get HB sued(again). The inquiry proposed here costs little and there is no legitimate reason for anyone, even those who support the proposed amendment,to object. In opposition to all proposed charter amendments as discussed in 23-835 I continue to oppose all of these proposed amendments. Their underlying intent is not in good faith,their supposed justification and defense has been misleading, and the very structure of the ballot initiates is clearly manipulative, as I have written about previously. For today's meeting I have comments on some specific items. I refer to the original charter amendment text at https://huntingtonbeach.legistar.com/View.ashx?M=F&ID=12312882&GUID=F21 C6703- 6A55-4066-A9DD-265C42E099D2 and the ad hoc committee summary at https://huntingtonbeach.legistar.com/View.ashx?M=F&ID=12312883&GUID=DF84C5 73- 2AD2-4024-AA89-401F42E68049, as well as the current meeting agenda. Regarding Section 705: See https://www.brennancenter.org/our-work/research-reports/mail-ballot-security-features- primer. "Historically, studies show that the level of malfeasance related to mail balloting is infinitesimally small.Numerous analyses show it remains less likely than being struck by lightning" "The conservative Heritage Foundation,which maintains an online database cataloging alleged election fraud cases from the last 20 years, contains 1200 incidents within its database and has identified 204 involving mail ballots, only 143 of which resulted in a criminal conviction. In the same time period,roughly 250 million mail ballots were cast in the United States. This 'translates to about 0.00006 percent of total votes cast'or, viewed another way, 'one case per state every six or seven years." Election fraud via mail ballot or drop box is, it seems, extremely rare. Further,the proposed changes to "monitor drop boxes" do nothing to prevent it. You cannot tell that a given ballot is fraudulent without first opening it. The city might help to prevent petty vandalism of drop boxes, if that were actually a problem. However, any such increased security would need to be implemented with the guidance of the police department and county election authorities in order to be effective. There's no reason to alter the city charter for this, especially with unclear language that does not specify what exactly the city is obligated to fund or implement. Though the summary claims that "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," it's not clear at all how requiring voter ID would work without the city assuming management and training of polling workers that is currently done by the county. Requiring voter ID, aside from its being used elsewhere as a tool for voter suppression, does not actually prevent fraud--what if the name matches the ID,but the registration was fraudulent? What if registration is valid but the ID is fake? If the city wants additional polling places and the county election authorities don't disagree, then would that not be a simple administrative matter? It should not be cemented in the city charter. We've seen how in certain parts of the US,right-wing extremist election "observers" have been used in attempts to intimidate voters. Given the actions and speech of this city council in other areas, I can only mistrust any vague language around election "monitoring". Regarding Section 309: There are many problems with this proposed change. Subsection(1) captures the problem and the underlying intent here: "...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" In a word, no. The general population of Huntington Beach--200,000 people -- cannot act directly as the City Attorney's "client". That is just non-functional. Can I as the "client" then demand to see any of this information protected by attorney-client privilege?Frankly, the answer should be yes-- nothing that the city government does should be secret. You are not the NSA. At a minimum,the elected city council that represents us should have unfettered access to all legal proceedings the city is involved in. Attempting to restrict their access betrays this proposed change for the power grab that it is. Regarding Section 310: I'm amused by the argument in the ad hoc committee summary that the current requirements for city clerk are somehow puzzling or unnecessary. I have worked in the tech industry for twenty-three years and can tell you it's ubiquitous and expected for most positions to require a four-year degree in a related field.Nor is it difficult to determine what a "related field" is. This is how we know that the applicant might actually be able to do the job. Where a degree is not required, we rely on real experience in the field in question. If HB's requirements for city clerk are more stringent than those of other cities,that is a good thing. City clerk is a highly technical profession. There's no need to expand the pool to include people who have no real interest or training for it. Sadly, the underlying reason for this proposed change has been made quite clear(nepotism). And thank you to council member Bolton for pursuing nepotism directly in the charter amendment proceedings. I'm still digesting a complex document, but appreciate your efforts here. Again, I can only hope that one of the majority finds the integrity to decide that the amendments are just not a great idea and say no. Sincerely, Scott Malabarba HB resident From: fikes.Cathy To: Agenda Alerts Subject: FW: Charter Amendments Date: Thursday,September 28,2023 8:44:03 AM From:Sandra F<sandyfazio@gmail.com> Sent: Wednesday, September 27, 2023 5:20 PM To: CITY COUNCIL(INCL. CMO STAFF) <city.council@surfcity-hb.org> Subject: Charter Amendments I oppose spending anymore of our tax dollars for something that is not necessary. I am a resident. Not an outside trouble maker. Sandra Fazio 21612 Bahama Ln, Huntington Beach, CA 92646 From: Fikes.Cathy To: Aaenda Alerts Subject: FW: OPPOSED Charter Amendments Date: Thursday, September 28,2023 8:44:25 AM From: Diana Lithgow<lithgownp@aol.com> Sent:Wednesday,September 27, 2023 6:15 PM To: CITY COUNCIL(INCL. CMO STAFF) <city.council@surfcity-hb.org> Subject: OPPOSED Charter Amendments Dear HB City Council, While the many and varied proposed Charter amendments have a few items that deserve further attention,they were unilaterally drawn up by a few, and are so poorly written as to likely be unenforceable. Additionally, many are clearly written for voter suppression and to marginalize a select groups. This is un-American and not what government is supposed to be focused on for the work of the citizens. Please drop these current amendments and start the process of looking at WHAT really needs to be changed in the Charter, and base it on facts and data--not "many people have said" and "people tell me" opinions of the few. I have attended every single Ad Hoc Committee meeting open to the public and the overwhelming voice of the public is against these Charter changes--please listen to your constituents and not your personal agendas. Regards, Diana Lithgow 41 year Citizen of Huntington Beach Diana Lithgow,PhD, DNP,RN, FNP-BC, FAANP Professor of Nursing College of Graduate Nursing Western University of Health Science 909-469-5523(CGN Office) J) .ithgow@WesternUedR From: Fikes.Cathy To: Aaenda Alerts Subject: FW: Potential Changes to City Charter--Concerned Date: Thursday,September 28,2023 8:44:34 AM From: Elizabeth SanFilippo<elizabethsanfilippo@fuller.edu> Sent:Wednesday,September 27, 2023 6:59 PM To: supplementalcomm@surfcity-hb.org; CITY COUNCIL (INCL. CM0 STAFF) <city.council@surfcity- hb.org> Subject: Potential Changes to City Charter-- Concerned I am a Huntington Beach resident and home owner for over thirty years and am concerned about the potential City Charter changes regarding how elections will be conducted. Until the following questions are fully addressed, I believe the Charter Changes should not be included in an upcoming election: What evidence is there of any election issues that justify any changes to voting in Huntington Beach?(It is my understanding that the Orange County Registrar has been acknowledged as very effective in administering this important responsibility.) Who would publish and distribute voting materials—State of California and the County or State of California and the City?If the City will publish and distribute materials, how will the City ensure their timely distribution? Currently, Huntington Beach voters may drop off their ballots anywhere in Orange County or mail boxes. Will the Charter Changes limit voting locations and options for Huntington Beach voters? How will the City perform timely counting of the ballots and submitting these counts accurately to the County Registrar and/or Secretary of State to ensure our votes are included in the County's and State's results? What are the total costs associated with the proposed changes to elections on an ongoing basis and how will the City fund these costs? Since the City Council recently contemplated budget cuts to services provided to residents, I am concerned about the cost of this ballot measure,which has been projected to be around$1 million dollars or more. To be financially responsible, questions regarding the potential Charter Changes should be fully addressed prior to putting them on the ballot. Thank you for your consideration. Elizabeth San Filippo From: Fikes,Cathy To: Aaenda Alerts Subject: FW: Charter changes Date: Thursday,September 28,2023 8:45:15 AM From:Jennifer Wilson <jwilly1068@yahoo.com> Sent: Wednesday, September 27, 2023 7:08 PM To: CITY COUNCIL(INCL. CMO STAFF) <city.council@surfcity-hb.org> Subject: Charter changes Dear City Council, After watching the last special meeting, I still disagree with putting charter changes on the ballot at all. None of these seem needed except, perhaps, the measure c changes. The majority of speakers and emails are against all of these yet you continue. It seems prudent to back yourselves out of this now. However, if you feel like some of these are still needed, why are we rushing to put this on the primary ballot? You'll be in office for another three years, and you're still new. Take more time, work with staff, listen to the people. You have plenty of time to put these on a ballot in the next few years. I don't understand the rush. Can you explain that? Thank you, Jennifer Switzer, Donna From: Fikes, Cathy Sent: Thursday, September 28, 2023 8:45 AM To: Agenda Alerts Subject: FW:To City Council & Mayor From: Kirby McCord<kirbymccord@gmail.com> Sent:Wednesday,September 27, 2023 7:19 PM To:CITY COUNCIL(INCL. CMO STAFF)<city.council@surfcity-hb.org> Subject:To City Council & Mayor City Council and Mayor, Zany it is not. Pitiful and sad,maybe. Corrupt and authoritarian, absolutely! This majority city council is destroying our city and our local democracy and funding it with our taxpayer dollars. Do not support changes to our city charter. Vote no on Charter changes! Kirby McCord Resident, Huntington Beach i From: Fikes.Cathy To: Aaenda Alerts Subject: FW: Proposed City Charter Amendments Date: Thursday,September 28,2023 8:45:57 AM Original Message From:Cynthia Benton<cbenton@socal.rr.com> Sent:Wednesday,September 27,2023 8:17 PM To:CITY COUNCIL(INCL.CMO STAFF)<city.council@surfcity-hb.org> Subject:Proposed City Charter Amendments My name is Cynthia Benton. I am a 44 year resident of Huntington Beach,and I vote. I am writing to you to urge you to vote"NO"on the proposed amendments to our City Charter. I served on the most recent Commission to Review our City Charter. It was a thoughtful and professionally led review of the existing charter that spanned months and received input from members of the community as well as city staff. It appears that the proposed changes are designed to help advance the political futures of some as opposed to improving our city's governing document. It's interesting that these changes are so urgent that they weren't proposed or considered by the last Charter Review Commission but they are so urgent that there is no time to follow the normal process. It speaks volumes about why this is being done the way it is. I urge you to vote NO on the proposed changes. Thank you. Cynthia Benton From: Fikes.Cathy To: Agenda Alerts Subject: FW: OBJECTION TO CHARTER AMENDMENTS Date: Thursday,September 28,2023 8:47:32 AM From: MJ Baretich<mjbaretich@hotmail.com> Sent: Wednesday, September 27, 2023 11:46 PM To: CITY COUNCIL(INCL. CMO STAFF) <city.council@surfcity-hb.org> Subject: OBJECTION TO CHARTER AMENDMENTS Dear Mayor Strickland and City Council Members, Please stop this proposed meddling with our local election and the focus on Voter ID. It is unnecessary, too rushed, too impractical, too costly (many thousands of dollars), and too fraught with controversy, especially in a March primary less than six months away. Forcing this particular unnecessary Charter amendment onto the public would destroy the trust and connection between our local government and the broader community. It is time for you to listen to the community. You do not need to lose their trust. 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 to justify the proposed changes in our Election procedures. Additionally, the lumping together of unrelated items in each of the proposed Charter amendments on the ballot is unacceptable. It confuses voters by forcing a Yes or No vote on unrelated items. If the proposed amendments are going to appear on the ballot, then they must be individual ballot measures. I also ask Why are the City Clerk's credentials being lowered? In conclusion, I state that - Perhaps we citizens need to get the assistance of an outside legal firm to conduct a much needed legal analysis of all the proposed Charter amendments. Thank you. Mary Jo Baretich (714) 465-0932 mjbaretichC)hotmail,com Switzer, Donna From: Fikes, Cathy Sent: Thursday, September 28, 2023 8:49 AM To: Agenda Alerts Subject: FW: Charter Amendments From:SUSAN WEXLER<sjwexler@msn.com> Sent:Thursday, September 28, 2023 7:48 AM To: CITY COUNCIL(INCL. CMO STAFF)<city.council@surfcity-hb.org> Subject: Charter Amendments Please vote NO on all Charter amendments. Susan J. Wexler Get Outlook for iOS 1 From: Fikes,Cathy To: Aaenda Alerts Subject: FW: Charter Ammendmrnts Date: Thursday,September 28,2023 8:49:14 AM From: Laurence Elfenbein <elfland18@gmail.com> Sent:Thursday, September 28, 2023 8:01 AM To: CITY COUNCIL(INCL. CMG STAFF) <city.council@surfcity-hb.org> Subject: Charter Ammendmrnts For the record I am against all of the amendments that the City Council wants to put forward on the ballot for the March Primary Election. These ammendments are poorly constructed and are an attempt to change the HB Charter against the wishes of the majority of the people of Huntington Beach. Sincerely, Laurence Elfenbein 526 22nd Street Huntington Beach, CA 92648 From: Fikes.Cathy To: Aaenda Alerts Subject: FW: Do not change city charter on elections Date: Thursday,September 28,2023 8:49:37 AM From: ritarisk@aol.com <ritarisk@aol.com> Sent:Thursday, September 28, 2023 8:20 AM To: CITY COUNCIL(INCL. CMO STAFF) <city.council@surfcity-hb.org> Subject: Do not change city charter on elections We feel this is a dangerous and costly proposal. Some day it could go against you. Rita Collins Sent from AOL Desktop From: Fikes.Cathy To: Aaenda Alerts Subject: FW: No on Charter Amendments;Agenda#23-835 Date: Thursday,September 28,2023 8:49:55 AM From: Paula Schaefer<pas92649@gmail.com> Sent: Thursday,September 28, 2023 8:47 AM To: CITY COUNCIL(INCL. CMO STAFF) <city.council@surfcity-hb.org>; city.manager@surfcity-hb.org; city.attorney@surfcity-hb.org Subject: No on Charter Amendments; Agenda#23-835 Mayor and City Council Members: Vote NO on the proposed Charter Amendments contained in 23-835.Admit defeat now. This haphazard approach to amending the foundational document governing the City has resulted in a chaotic mess. It did not have to be this way. But it is now because the City Council majority voted to allow three newly-elected members to decide how to revise the Charter instead of working through a Charter Review Commission/Committee as has been done in the past. This chaos is a direct result of the 3 Ad Hoc Committee members seemingly doing very little research into the complex nature of the City Charter,what has or has not been successful in the past, and what other city or county charters contain or omit. Instead of a document that contains analysis, only a cursory summary of what the Ad Hoc Committee did was provided to the residents of the City. Rather than an explanation of the problems being solved by the proposed charter amendments, the proponents give vague statements of"people asked for this" or "I've been told repeatedly". How can that be true?Who has been asking for these changes? If there is such a groundswell of support for: voter identification, protecting the City Attorney's salary and office budget, reducing the educational criteria for electing the City Clerk, conducting municipal elections, taking away the City Council's ability to hire outside counsel, changing the election schedule for the City Clerk and City Treasurer, or removing the City Council's ability to negotiate development that involves waiver of property taxes. If these are such important issues... where are your supporters? They have not been at the meetings nor have they written support. In contrast,the vast majority of the supplemental communications and speakers at the 9/5, 9/14, and 9/21 meetings are ADAMANTLY opposed to these charter amendments. It's obvious why the majority is ramming the proposed charter amendments through on the statewide primary ballot and NOT on the statewide general election ballot(as they should be). It is because you do not have the support to get these amendments passed unless only a few people are paying attention. The Mayor has even said the quiet part out loud and in public - the November ballot will contain so many issues that voters will be overwhelmed and vote no. The Council's majority hope that residents would not be paying attention was a miscalculation. You've garnered a lot of attention ...just not the sort of attention that you had wished to receive. Paula A. Schaefer- HB resident for 30+years. From: Fikes,Cathy To: Aaenda Alerts Subject: FW:Opposed to all proposed charter amendments Date: Thursday,September 28,2023 8:53:37 AM From: Bob Banzett<bob4change@earthlink.net> Sent: Tuesday,September 26, 2023 1:51 PM To: CITY COUNCIL(INCL. CMO STAFF)<city.council@surfcity-hb.org> Subject:Opposed to all proposed charter amendments I am shocked and dismayed at the process the F4 have used to recommend Charter Amendments. You refuse to listen to the citizens who take time and effort to research the proposals and speak to you or write to you. They have raised thoughtful issues,but your minds are closed. You refuse to include Council members who are not part of your club of 4 —that is disgraceful. The City Charter is for all of us -responsible governance must take into account all the people of our city, not just your `base'. Imagine explaining yourself to Abe Lincoln. "For the People" not "For my supporters" You ran on a platform of no changes to the City Charter. Before you are in office a year you are proposing far more sweeping changes to the Charter than were proposed last time? Were you lying to us? Did you just read the Charter for the first time and discover what it says? You want the City to run municipal elections rather than the county. How much will that will cost? What avenues for mistakes and fraud it will it open? Why is it necessary? You want to impose voter ID requirements,when the OC Registrar has an outstanding record in election security -a model copied by other places. This is just political grandstanding at our expense. You want to further increase the power and independence of the City Attorney. Mr Gates is already driving policy (not his job). He should serve the legal needs of City Council and other City officials. That is the job of City Attorney. You want to dumb down the requirements for City Clerk(apparently because you don't like the present Clerk and want to install a puppet,but can't find one to oppose her with the right education-yes, we know what you say to your supporters). How does that fit with the city running elections? It's the Clerk who would be responsible. Sounds like you are planning shenanigans. Stop this descent into madness (quote OC Register) Robert B Banzett PhD Huntington Beach Registered Voter Switzer, Donna From: Fikes, Cathy Sent: Thursday, September 28, 2023 8:54 AM To: Agenda Alerts Subject: FW: Charter amendments Original Message From: Barbara Shapiro<bshap2000@gmail.com> Sent:Tuesday, September 26, 2023 2:52 PM To: CITY COUNCIL(INCL.CMO STAFF)<city.council@surfcity-hb.org> Subject: Charter amendments We are long time HB homeowners and we oppose the proposed charter amendments as do people in the HB community we've spoken with. Dr and Mrs Joseph Shapiro Sent from my iPad • Switzer, Donna From: Fikes, Cathy Sent: Thursday, September 28, 2023 8:54 AM To: Agenda Alerts Subject: FW: Opposed to all proposed charter amendments From: Cathey Ryder<the4ryders@gmail.com> Sent:Tuesday, September 26, 2023 4:33 PM To: Bob Banzett<bob4change@earthlink.net> Cc: CITY COUNCIL (INCL. CMO STAFF) <city.council@surfcity-hb.org> Subject: Re: Opposed to all proposed charter amendments Very well said. On Tue, Sep 26, 2023 at 1:51 PM Bob Banzett<bob4change@earthlink.net>wrote: I am shocked and dismayed at the process the F4 have used to recommend Charter Amendments. You refuse to listen to the citizens who take time and effort to research the proposals and speak to you or write to you. They have raised thoughtful issues,but your minds are closed. You refuse to include Council members who are not part of your club of 4—that is disgraceful. The City Charter is for all of us -responsible governance must take into account all the people of our city, not just your `base'. Imagine explaining yourself to Abe Lincoln. "For the People" not "For my supporters" You ran on a platform of no changes to the City Charter. Before you are in office a year you are proposing far more sweeping changes to the Charter than were proposed last time? Were you lying to us? Did you just read the Charter for the first time and discover what it says? You want the City to run municipal elections rather than the county. How much will that will cost? What avenues for mistakes and fraud it will it open? Why is it necessary? You want to impose voter ID requirements,when the OC Registrar has an outstanding record in election security -a model copied by other places. This is just political grandstanding at our expense. You want to further increase the power and independence of the City Attorney. Mr Gates is already driving policy (not his job). He should serve the legal needs of City Council and other City officials. That is the job of City Attorney. You want to dumb down the requirements for City Clerk(apparently because you don't like the present Clerk and want to install a puppet, but can't find one to oppose her with the right education-yes, we know what you say to your supporters). How does that fit with the city running elections? It's the Clerk who would be responsible. Sounds like you are planning shenanigans. Stop this descent into madness (quote OC Register) Robert B Banzett PhD Huntington Beach Registered Voter 1 From: Fikes.Cathy To: Agenda Alerts Subject: FW: Charter Ammendments Date: Thursday,September 28,2023 8:54:49 AM Original Message From:James Taylor<jtaylor2@socal.rr.com> Sent:Tuesday,September 26,2023 7:17 PM To:CITY COUNCIL(INCL.CMO STAFF)<city.council@surfcity-hb.org> Subject:Charter Ammendments I am a 40+year resident of Huntington Beach,and oppose all of the charter amendments. Particularly wasteful and manipulative is the proposal to use HB taxpayer money to take over an election that has been run very capably for many years by the county. James Taylor From: Fikes.Cathy To: Aaenda Alerts Subject: RN: Charter Change Proposals Date: Thursday,September 28,2023 8:55:00 AM From: Betty Kanne<bettykanne@hotmail.com> Sent: Wednesday, September 27, 2023 8:12 AM To: CITY COUNCIL(INCL. CMO STAFF) <city.council@surfcity-hb.org> Subject: Charter Change Proposals September 27, 2023 Reject or table Charter Change Proposals Council Member, I'd like to express my thanks for your encouraging initial efforts last week to openly discuss the City Charter Proposals among all Council Members present at Meeting Number Two of the four scheduled public meetings. This was a much need start in the open deliberation process. I must continue to urge you to abandon this spectacularly unpopular push to place multiple Charter Change initiatives on the March ballot. Take a long breath and return to the city business you were elected to address.Nothing in these rushed Charter proposals warrant the schism within our community that your misjudgment has engendered. Let cooler heads prevail and reconsider each of your proposals. Could one or more be rammed as a possible Ordinance to be discussed fully before our community and possibly be approved by more than four members?Must the item be carved in stone into our city's Constitution?An Ordinance provides more future flexibility. Take each initiative and consider just abandoning it altogether or deferring it for future consideration. If that's not an option,think about proposing it as an Ordinance to be heavily discussed before the public and then enacted or not. Those things that must be considered as Charter Amendments should be heavily vetted and publicly discussed with robust citizen input. If it still seems popular,place it on the November General Election ballot as an honestly, not misleadingly named, stand- alone item. It will either survive or fail based on its actual merits. Please begin to work collaboratively! The Four-Pronged Rubber-Stamp is being grossly overused and smacks of ham-fisted, willful and repressive abuse of power. We respect that each of you successfully came into office with 12 or 13%of the vote,but that is not a mandate by any stretch of the imagination. Engage all seven members in the grave matters confronting our city. Please take a deep breath and seek to eam the respect of the entire electorate, not just your deep pocket donors with their self-serving motives. Rise above it. Stay clear of Culture War items and Performance Politics that only serve to produce discord and reduce harmony within our community. Seek to bring our outstanding, multifaceted and diverse community together. That's what we voted you into office to do. You can do this! Together. Betty Kanne Huntington Beach (40+year HB resident,homeowner, unfailing voter) bettykanne@hotmail.com From: Fikes,Cathy To: Agenda Alerts Subject: FW: Concerned citizen regarding the HB City Council Meeting,September 28,2023 Date: Thursday,September 28,2023 8:55:34 AM From: Lee Marie Sanchez <Isanchez@uuma.org> Sent: Wednesday, September 27, 2023 2:37 PM To: CITY COUNCIL(INCL. CMO STAFF) <city.council@surfcity-hb.org> Subject: Concerned citizen regarding the HB City Council Meeting, September 28, 2023 Dear Members of the Huntington Beach City Council N My family have been residents of Huntington Beach for over 50 years, active at the Senior Center for 30 of those years, patrons of our splendid Huntington Beach Library, members of the Bolsa Chica Landtrust, the Shipley Nature Center, St. Bonaventure Catholic church, and many more worthy organizations of Huntington Beach . I have been attending/watching the videos online of Huntington Beach City Council meetings now for a few months and I'm quite disturbed to see the current council is undoing years of good, honest work and introducing proposals that make no sense and are increasingly costly. I am writing to say that I am opposed to ALL the proposed amendments to the Huntington Beach Charter. There is far more that needs to be addressed than what I will comment on in this email as I have written to address these before and I will continue to do so. I have been so impressed with the vast majority of speakers at the Council meetings and in reading the majority of emails to you as well . It is more than obvious that I am not in the minority in my thinking . It is clear to me that a bi-partisan Human Rights Commission needs to be appointed . It will probably be best to throw out all the proposals as they are written now, let a commission do its work and then bring this to a vote by our citizens no earlier than our Fall 2024 elections. I will make some comments on just a few of my concerns now. Your behavior towards our highly regarded Huntington Beach Library has been misguided and misinformed beyond belief. What was presented by Council Member Van der Mark was misleading at best.Our HB Library does not provide pornographic materials to children, they have a fine process of selecting books appropriate to various ages and where they are shelved . To give this responsibility to anyone other than librarians is ridiculous. Parents have a right to decide what their children are reading and there is an excellent process already in place. Educate yourself about this. There are no incidents of voter fraud in Huntington Beach . To change how we conduct our elections is unnecessary and will be extremely costly. Even, or perhaps especially pertinent, are that the conspiracies regarding voter fraud and the validity of our last presidential election have all been found to be false. This is a totally divisive and dangerous idea promoted to bring fear and more divisiveness to our beloved community. To have changed the HB document on Human Rights to remove the earlier language concerning anti-racism, homophobia, religious intolerance and then to revise it to only address trans athletes, is unrepresentative of the beliefs and feelings of our citizens, it is an outright abomination . From the LA Times OC, this morning, September 27, 2023 • Hate crimes took a big jump in O.C. in 2022 compared to the prior year, with a surge of racist activity seen in county schools, according to an annual report released Thursday by the OC Human Relations Commission. The report found a 67% increase in hate crimes in 2022 over the previous year. while hate incidents — which fall short of a crime — dropped by 4%. Over the past five years, there was a 75% increase in hate crimes and 142% increase in hate incidents, according to the report. It is increasingly clear to me that the proposed changes to the City Charter have not only been written in strangely garbled combinations of unrelated ideas, along with other actions (i .e. censure of Council Member Moser), but they are part of an effort by the ultra right Council members to mislead, bring fear and even incite misbehavior on the part of some of our city's residents, because of what they address and do not address. Sincerely, Reverend Lee Marie Sanchez, (retired and voting) Switzer, Donna From: Fikes, Cathy Sent: Thursday, September 28, 2023 8:56 AM To: Agenda Alerts Subject: FW: Charter Amendments Original Message From: Diane Pavesic<dianepavesic@cs.com> Sent: Wednesday,September 27,2023 2:58 PM To: CITY COUNCIL(INCL.CMO STAFF)<city.council@surfcity-hb.org> Subject: Charter Amendments Dear City Council, I am a 33 year resident of Huntington Beach and have I voted in all elections. I have never seen such disregard for the citizens of our City until this current council was elected.You may have tricked the citizens into voting for you, but I appreciate that you have opened our eyes to your true purpose.We will not make this mistake again. I oppose all of the proposed charter amendments. How is it that you feel you have the right to disregard the dignity of our residents?Why are you not addressing the actual needs of this City like the rampant homelessness instead of proposing changes to imaginary problems that do not exist? I have heard some of you use your belief in God and righteousness in your proposed changes. I am certain you do not know what Jesus preached,which was not to disregard and belittle members our community as your proposals demonstrate. Thank you for the opportunity to enjoy additional exercise while I walk door to door to educate my neighbors who have had the wool pulled over their eyes by the thoughtless majority of this City Council. Sincerely, Diane Pavesic Sent from my iPad 1 From: Fikes.Cathy To: Agenda Alerts Subject: FW: CHARTER AMENDMENT RE:VOTER ID Date: Thursday,September 28,2023 8:57:01 AM Original Message From:Charlotte McClanahan<csmcclanahan@gmail.com> Sent:Friday,September 22,2023 11:45 AM To:CITY COUNCIL(INCL.CMO STAFF)<city.council@surfcity-hb.org> Subject:CHARTER AMENDMENT RE:VOTER ID I watched the televised meeting last night and I have to admit that,although I was completely in favor of voter ID for in-person voting at the onset,I have changed my mind. The argument that people are unable to get or afford ID is ridiculous.As was stated,we need ID for everything else; banking,opening charge accounts,travel(how many hours does it really take at the airport without one?). I was somewhat shocked when at the last election where I voted in person,a homeless person without any proof of city of residence voted-as stated,the poll sitters are no longer allowed to ask for ID. What changed my mind was the cost and the complexity(parking,disability access,security issues). I won't take my ballot to a ballot box,or put it in my local mail box(every once in a while someone deposits something other than mail),or vote in person,but will take my ballot to the post office,and take advantage of early voting. I don't believe that in spite of your best efforts,as long as the National and state governments don't care,nothing that Huntington Beach can do will change things. Sent from my iPhone Switzer, Donna From: Fikes, Cathy Sent: Thursday, September 28, 2023 11:00 AM To: Agenda Alerts Subject: FW: Charter Amendments From: D DAVENPORT<highc32@verizon.net> Sent:Thursday,September 28, 2023 10:11 AM To:CITY COUNCIL(INCL. CMO STAFF)<city.council@surfcity-hb.org> Subject:Charter Amendments For the record: 1. I support limiting the flags on city property. 2. The mayor should not have the authority to cancel city council meetings. I can easily see a future mayor cancelling a meeting when their opposition has organized for a given meeting. 3. Amory Hansen recommended that we proposed a charter amendment dealing with a vacancy on the council. The last council handled this very poorly, resulting in a long term city council member that no one voted for. 4. A two year budget cycle make good sense to me. 5. I cannot see any reason to adjust the qualifications for any of the elected office positions. 6. Whereas I do support voter ID requirements, the only way I can see it working is if it is limited to in-person voting only. The government has already shifted to mail-in ballots and that cannot be controlled at the local level. 7. I do support limitations on the waver of collections or forgiveness of taxes. 8. Measure C has served us well. Any changes to it must be carefully and narrowly tailored. 9. The mess between the old council and the city attorney certainly indicates that language in the charted does need to be tighten up. But the proposed changes are not totally acceptable. 10. If any charter amendment has merit it should be able to stand on its own as a proposed change. It should not be bundled with others. Thank you 1 D. Davenport Long Term Resident 2 Switzer, Donna From: Fikes, Cathy Sent: Thursday, September 28, 2023 11:06 AM To: Agenda Alerts Subject: FW: 9/28/2023 - Item 23-835 &23-837 From: K Carroll<kcrissie7@gmail.com> Sent:Thursday,September 28, 2023 11:03 AM To: CITY COUNCIL(INCL. CMO STAFF)<city.council@surfcity-hb.org> Subject: 9/28/2023- Item 23-835 &23-837 Item 23-835: Yes on all amendments. Item 23-837: No Thank you Mayor Strictland, Pro Tem Gracie Van der Mark, Pat Burns, Casey McKeon! Please stay on course with putting these amendments on the ballot. Thank you for all you do!! You four are what HB represents. You are listening and it shows!!Q Best regards, Kris Carroll 1 Switzer, Donna From: Fikes, Cathy Sent: Thursday, September 28, 2023 11:25 AM To: Agenda Alerts Subject: FW: Oppose Special Election for Charter amendments Original Message From: Ellen Jacobs<pachamama52@gmail.com> Sent:Thursday,September 28,2023 11:24 AM To: CITY COUNCIL(INCL.CMO STAFF)<city.council@surfcity-hb.org> Subject:Oppose Special Election for Charter amendments I oppose making changes to the amendments of the city charter via a special election. What's the hurry? Also some of the charter amendments seem unconscionable. Librarians should be in charge of book selection,The Registrar of Voters should be uncharge of screening voter registrants. Voters should not be intimidated by"monitors". The City attorney should not be given such suggested expansive powers. Our City needs more transparency. 1 Switzer, Donna From: laura sire <Ilaurajjane@yahoo.com> Sent: Thursday, September 28, 2023 9:02 AM To: supplementalcomm@surfcity-hb.org Cc: laura sire Subject: Support for Item 23-835 on 9-28 agenda Dear Mayor and Councilmembers, This is Laura Sire, long time resident of Huntington Beach. I'm writing in strong support of Agenda item,23-835 which states the following: SEEK AN OPINION FROM THE CALIFORNIA ATTORNEY GENERAL ON ELIGIBILITY FOR THE PRIMARY BALLOT FOR CHARTER AMENDMENTS INVOLVING CITY CLERK, CITY ATTORNEY AND INVESTIGATIONS OF ELECTED OFFICIALS. There are many questionable components to the current stated proposed charter amendment brought forward by the adhoc committee. It is prudent and logical to seek an opinion from the CA Attorney General on this amendment. It only makes sense to seek an opinion BEFORE the Council votes on this item.There are questions of legality, costs and ethics. As your constituent I strongly urge you to vote YES on this item. Sincerely, Laura Sire 1 Switzer, Donna From: Diane <dianesgotopnions@gmail.com> Sent: Thursday, September 28, 2023 9:01 AM To: supplementalcomm@surfcity-hb.org; CITY COUNCIL(INCL. CMO STAFF) Subject: Special Meeting Dear Mayor, Mayor Pro Tern,and Council Members, I strongly oppose the whole process you are using to rush charter amendments onto the Primary ballot. In the past,the city has used a charter commission which has allowed for a full and robust discussion of the pros and cons of any potential changes to the charter. Using an ad hoc committee made up of people that all hold the same ideology does not create the environment for a robust discussion. It has become the standard procedure for this council to exclude opposing viewpoints from all committees by using the ad hoc committees with only members from the majority. At the very least,the ad hoc committees should always be made up of 2 from the majority and 1 from the minority so that ideas coming from those committees have at least been challenged to help assure they are well-formed proposals. The charter amendments as proposed are certainly not well-formed ideas. They are not well thought out ideas that will stand the test of time (or, in some cases,the courts). The most concerning issues are the proposed voter ID rule and the proposal of consolidating power into the City Attorney. No one seems to be clear as to the consequences of passing a voter ID requirement. The Registrar of Voters does not check ID at the Vote Centers because it has already been verified as part of the voter registration process. If HB requires someone to check ID at the Vote Centers,at a minimum,the Registrar's office will likely issue a bill for that additional service, but no one knows how much that will be. If the Registrar will not check IDs as a service for HB,then the city would be required to run its own elections, but we have no idea how much it will cost to procure the equipment, maintain the equipment,train the personnel to use/maintain the equipment, rent ADA compliant voting locations, etc. As has been said many times before,the vast majority of voting citizens vote by mail. Only 20%of HB voters vote in person. If we (generously)estimate that 85%of registered voters participate in most elections, and 20%of those choose to vote at the Vote Centers,you are planning to spend an unknown amount of money to check IDs for fewer than 23,000 people to solve a problem that doesn't exist. We already know that the Orange County Registrar of Voters runs one of the most secure elections in the country. Please stop wasting our time and money on a strawman issue. I also strongly oppose the wording that makes the City Attorney the sole authority over just about everything. The City Council, as representatives for the entire city, is the client of the City Attorney. As such,the Councilmembers act as the client on our behalf. If a client chooses to get a second opinion or question the actions of the attorney,that is fully within their rights and as representatives for the citizens, it is in our best interest for the council to do so. Please stop this waste of time! I fully support items#3. Again, it is the councilmembers responsibility to be sure they are not wasting the city's funds by pursuing actions that may not withstand a legal challenge. I think this preemptive investigation into the legality of the proposed charter amendments is a wise thing to do. Sincerely, Diane James 1 Switzer, Donna From: Steven C Shepherd Architect <steve@shepherdarchitects.com> Sent: Thursday, September 28, 2023 8:59 AM To: CITY COUNCIL(INCL. CMO STAFF);supplementalcomm@surfcity-hb.org Subject: CHARTER AMENDMENTS? NOPE! I reject this politically driven attempt to amend our city charter. The amendments proposed do not benefit residents, improve the efficiency of our local government, preserve city funds, or address actual community issues. Addressing made-up problems, enshrining intolerance, and insulating political allies from public scrutiny have no place in constructive discussions about amending our charter. This process was ill-conceived and reeked of bias from the beginning. An ideologically driven ad hoc committee devoid of broad community representation lacks legitimacy. History will not be kind to those who furthered this effort. The needless distraction and intentional attempt to divide our community over what amounts to little more than an illegitimate power grab will not soon be forgotten, and the purveyors of this political snake oil will forever be marked as hucksters and charlatans. Steve Shepherd Huntington Beach 92646 1 Switzer, Donna From: Susan Turner <saturner8@verizon.net> Sent: Thursday, September 28, 2023 10:49 AM To: CITY COUNCIL(INCL. CMO STAFF);supplementalcomm@surfcity-hb.org Subject: Please Drop the Proposed Charter Amendments Dear City Council Members, I have been a Huntington Beach resident for 60 years. I have been to two recent council meetings and watched a third online regarding the proposed charter amendments. As I read the proposed charter amendments I see glaring problems with the way they are written, as did the majority of the constituents who have spoke at the previous meetings. It appears that a list of grievances or wishes had been listed. Then someone eyeballed the size of the text and drew a line to divide them into three fairly equal chunks. It does not make sense to vote regarding Voter ID, along with clarifying the City Attorney's authority and changing the qualifications of the City Clerk. Nor does it make sense as to how the flags we display in the City relate to the Budget or moving elections of the City Clerk and Treasurer to a different election cycle. Proposed amendment No. 3 has similar issues regarding taxes, Measure C and an update to City Council meeting procedures. I could move on to the reasons that I would vote No even if each were separated into single items but this exercise would be futile. I encourage you to withdraw these proposed amendment changes and stop wasting your time, the Huntington Beach Citizens' time and the City's money on these issues Please listen to the majority of HB citizens. The majority of citizens have spoken clearly that these proposed amendments are not in HB's best interest. Thank you, Susan Turner 8441 Valencia Drive Huntington Beach, CA 92647 1 Switzer, Donna From: F. Starr <wfstarr3614@gmail.com> Sent: Thursday, September 28, 2023 11:52 AM To: supplementalcomm@surfcity-hb.org Cc: Julie Hampel Subject: Fwd: Opposition on Proposed Charter Amendments and Endorsement of Seeking California AG Opinion Dear Huntington Beach City Council: Julie Hampel expressed our thoughts perfectly in her September 27, 2023 email. We continue to oppose any and all Charter Amendments as well as a Primary Ballot for said Amendments. William and Frances Starr Huntington Beach Seacliff Residents On Wed,Sep 27, 2023, 10:37 PM Julie Hampel<iulie.hambel4@gmail.com>wrote: Dear Huntington Beach City Council: After months of input from Huntington Beach residents opposing City Charter Amendments,the HB City Council continues on the same (war) path with their Proposed Charter Amendments.A need analysis for these Amendments has yet to be provided and your fiscal analysis is flawed (numerous components were missing). Why are you proposing City Charter Amendments when, it appears,that only 4 members(the Ad Hoc Committee)want them? Besides,the Ad Hoc Committee is NOT an Ad Hoc Committee. It is, however, a one-sided, hand-picked, determined to have their way group that has taken on a plethora of topics. It is looking more like a hostile take-over. My Comments remain the same. I oppose any and all Charter Amendments as well as a Primary Ballot for said bogus Amendments. I oppose and continue to oppose Item 23-835 in its entirety. Specifically, but not limited to, I oppose: 1. The Addition of Section 705 2. The Additional language in Section 309 3. Deletion of language in Section 309(1) and 309(m) 4. Deletion of language in Section 310 5. Additional language in Section 314 6. Section 806—Display of Flags (this is ridiculous) 7. Any reference to a Biennial Budget as amended in Sections 601, 602, 603, 604, and 605 8. All Additions and Deletions in Section 300 9. All Additional language in Section 618 10. Any Changes made to Measure C 11. Additional Language in Section 303 and 315 1 12. Changes to Sections 300, 307, 312, 313 13. Any other changes proposed by the One-Sided Ad Hoc Committee that have not been listed. I endorse Section 23-837: to Seek an opinion from the California Attorney General on eligibility for the primary ballot for Charter amendments involving City Clerk, City Attorney, and investigations of elected officials. The majority enjoyed by 4 of the City Council members does not equate to a majority in your constituency,as is evident during City Council meetings on these time-wasting actions where 90-95%of the comments were in opposition to the Charter Amendments.Just because people with families are busy and can't provide comment doesn't mean they don't have a vote. Please don't waste any more time or taxpayer dollars on such frivolous endeavors. Stop this nonsense. I expect you to do better. You can do better. People will remember your actions. Change your direction. Make that choice. Julie Hampel Huntington Beach Resident Sent from Mail for Windows 2 Switzer, Donna From: Levin, Shannon Sent: Thursday, September 28, 2023 3:56 PM To: supplementalcomm@surfcity-hb.org Subject: FW: Speical Session on Proposed Charter Ammendments Original Message From: David Rynerson<drynerson@earthlink.net> Sent:Thursday,September 28, 2023 11:59 AM To: CITY COUNCIL(INCL.CMO STAFF)<city.council@surfcity-hb.org> Subject:Speical Session on Proposed Charter Ammendments Council Members: As I have stated previously, both in public session and by email, I am troubled by the lack of transparency in these proceedings.Agendas and relevant documentation are not posted until the night before the meeting. I got my notification for tonight's meeting at 5:54PM. I happen to be retired,so I had a chance to review the materials this morning. How many HB citizens have that luxury? Most are working 8-5 jobs and had dinner and childcare to handle yesterday evening.This means that only people like me have had a chance to really review the materials before tonight’s special session. Having done so, I have documented a number of items below for your consideration. Additionally, as has been stated previously many times by many different people,the grouping of all these disparate items into a single Yes/No charter change is absolutely ludicrous.You are putting the electorate in the position of approving all or none of these grouped items.Given that choice, I would say NO to all, if only to defeat Sections 705 and 304. Best regards, David Rynerson 6272 Newbury Drive Huntington Beach,CA 92647 Measure L: Shouldn’t the notice of special meetings also be mandated to be posted to the city website? If you’re changing the name of the Mayor Pro-Tem to Vice Mayor,then that should be reflected in all of the references–such as the ability to call an emergency meeting in the absence of the Mayor. Section 705: Election You have been presented with statistical evidence that there is no voter fraud of any significance.You have been presented with statistical evidence that this would reduce voter turn-out.You have had two hearings with the public massively opposed to this charter amendment,yet it’s still here unchanged.This only became an issue when Donald Trump lost his re-election bid. It has been amplified by right wing media,without evidence.The former President has lost over 60 court cases on this topic. Fox news has lost a defamation lawsuit to the tune of over$780 million dollars, and is being sued by Dominion for even more.Your rationale is that&Idquo;people ask you about this”. Rather than feeding the crackpot conspiracy theory by trying to change the city’s charter,why don’t you show leadership and educate the people that ask you about voter fraud?Why don’t you share with them the real data? 1 Why don’t you share with them how secure our elections really are? Instead,your solution is to cost the city upwards of a million dollars per election, because you don’t want to share the truth with misinformed voters? Section 304: City Attorney You’ve already given the City Council the ability to adjourn a meeting for lack of a quorum.Why does the City Attorney also have this power? Despite hearing from a significant majority of citizens at the last two meetings that we do not want the City Attorney to be independent of the City Council,that provision remains.You have also retained the &Idquo;exclusive legal counsel” phrase,which means that if the City Attorney is doing something that the City Council disapproves of, they must have the City Attorney sue himself. How’s that going to work?The same attorney cannot be on opposite sides of the same lawsuit.You are effectively making the City Attorney into a king. Not in a democracy! You’ve also included a clause that no City Council member,City Manager,or City Clerk may hire their own attorney.Again, in disputes between these parties,that puts the City Attorney on both side of a legal case.That won’t work.You also preclude these people from hiring their own attorney without express consent of the City Attorney–what about issues unrelated to the city?That gives the City Attorney undue power over these people, most of whom are also elected officials. You are also precluding pretty much all of the City Council and city staff from seeing any privileged information and work product without a majority vote of the City Council.This makes no sense.The City Attorney represents the city and the City Council is the public’s voice in running the city.You are precluding the City Council from seeing the information they need to see to be able to make informed decisions about ongoing legal issues.You would also be creating an environment in which the majority of the City Council can ensure that the minority cannot access any information about ongoing legal actions.That is insane and a recipe for increased partisanship rather than cooperation. I will also note that, based upon the existing section in the city’s charter, Personnel Rules 16-2 and 16-3, cited in the City Manager’s analysis,would preclude any relative up to the third degree of the City Attorney from being in the city’s employment should this provision be enacted. Section 310:City Clerk Since you’ve stripped away the requirement that the college degree be in some relevant field to business or public administrator&Idquo;to remove ambiguity”, it only makes sense that you then include a requirement for some relevant work experience. I can just see someone with a degree in fine arts fresh out of college trying to fulfill the responsibilities of the city clerk, but that’s the door you are proposing to open. Section 314: Malfeasance Really?You’ve just proposed giving almost unlimited power to the City Attorney and now you want to say that any malfeasance has to be investigated by an outside agency?So, HR cannot investigate a claim of sexual harassment? The City Attorney or CFO cannot investigate a claim of embezzlement?The Police Chief cannot investigate a claim of excessive use of force? Everything has to be referred to an outside agency?And what if that outside agency says it’s too trivial from them to undertake–deal with it yourselves? Have you secured the agreement of those outside agencies to be on the hook for all of our internal investigations?Or is this like the elections proposal,where you propose something without bothering to find out if the cooperation you require to implement is available? Section 806: Flags Once again, a massive overreaction to someone’s offense at the recognition of people he doesn’t approve of.The choice of&Idquo;approved flags” is very telling:Government agencies and military branches are OK. POW/MIA is OK.All organizations with power. I’m surprised you didn’t include the &Idquo;Don’t Tread On Me”flag. But what about organizations like Amnesty International? Doctors without Borders? FINCA? Organizations the fight everyday for what you espouse in the Declaration on Human Dignity.These are all forbidden. It’s also rather ridiculous that the Olympic flag can be flown for the summer Olympics, but cannot be flown for the winter Olympics. I guess Pat doesn’t watch the winter Olympics. 2 Section 601-605: Budget I have no issue with doing a biennial budget, at least in theory. Frankly,the city should always be looking several years out in front for budgetary purposes. However, I do think that if you move in this direction,you still owe the citizens and annual report for how things are going.This proposal drops the annual report and makes it also biennial.That is wrong. You should show us annually how we are doing as compared to the budget proposed. I will also note that this section and the proposed section 401 are currently in conflict as one requires an annual budget and the other requires a biennial budget. Section 312:Vacancies Since one of the vacancies being considered is in the City Council itself,the strict requirement for four affirmative votes poses a problem. If multiple vacancies occur on the City Council at the same time, it is certainly possible that four would require unanimous approval. It’s also possible that that should four vacancies occur,then the City Council is effectively hamstrung.They don’t have a quorum, nor can they appoint any new members to achieve a quorum. This is admittedly a corner case, but why put in place a provision that opens that possibility when a majority vote removes the corner case without significantly changing the requirement for all other instances? Measure C: Since staff will not even come back with their detailed analysis until the October 5 meeting, it is reckless to move forward with this proposal on that evening.Citizens will just be hearing the staff analysis on the evening of October 5 in the actual special session and will not have adequate time to review and process that information.The fate of Measure C should not be voted on October 5. 3 Switzer, Donna From: Levin, Shannon Sent: Thursday, September 28, 2023 3:56 PM To: supplementalcomm@surfcity-hb.org Subject: FW: Council Meeting Original Message From: Linda Pohl<2travelinpohls@gmail.com> Sent:Thursday,September 28, 2023 2:53 PM To: CITY COUNCIL(INCL. CMO STAFF)<city.council@surfcity-hb.org> Subject: Council Meeting I am very concerned about the council trying to change our Charter for Huntington Beach. For the new council members "did you feel you were elected unfairly"? That could be the only reason you would want a change . So far our voting system has worked in your favor unless you feel there is corruption in voting you in. Please reconsider before adding extra expenses to our city which are totally unnecessary and actually work on issues that involve our increase in crime and homelessness. Do you feel that parents are incapable of raising their children on their own without government monitoring what they will read? I thought Republicans stood for less government involvement and not more. These are family and not government issues. I feel actually who needs close monitoring is our City Council who seems to feel their personal issues are more important than actual public issues. Sincerely, Linda Pohl Sent from my iPad 1 Switzer, Donna From: Kathey <kathey_haas@hotmail.com> Sent: Thursday, September 28, 2023 3:59 PM To: supplementalcomm@surfcity-hb.org Subject: Charter Amendments Mayor Strickland, Mayor Pro Tern Van Der Mark, and members of the City Council: Thank you for this review of our City Charter! I believe that you are proposing some important and needed updates to the charter and I FULLY SUPPORT them!! As a 50 year resident of Huntington Beach, I am grateful for the time you are spending considering these amendments and working hard for we citizens of Huntington Beach. I look forward to seeing these amendments on the ballot in March 2024. Thank you! Kathey Haas Sent from my iPhone 1 Switzer, Donna From: Brad Bergeland <bjbergeland@gmail.com> Sent: Thursday, September 28, 2023 4:06 PM To: supplementalcomm@surfcity-hb.org Subject: 28 September 2023 City Council discussion of 05 Sept 23 Agenda item 30 (23-700) 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 several proposed 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 Charter Amendments should be approved to be added to the March 2024 primary election ballot. Below are just some of the reasons why: 1. Ballot Measure 1-Anything to do with making changes to the local election process is unnecessary and costs too much. I've only heard that these changes are based on some verbal suggestions from some constituents, and will just be "enhancements"to the current process. It is well documented from the last two elections that the existing process of conducting elections has proven to be accurate,safe and conducted with integrity. With regard to the City Clerk qualifying requirements, any wording that would result in diminished qualifications should not be incorporated. I would suggest no adjustment to the existing qualification requirements, as currently worded. 2. Ballot Measure 2- Biennial budget in lieu of the current annual budget. I heard at the last meeting that a biennial budget would allow for more accurate planning and would be easier for the Finance Department. If they say it is easier, I'll take their word for it, but I disagree that a two year time frame would be more accurate than one year. How can that be when you are adding an additional out-year that has to be forecasted? Adding an additional year may just make it easier to mask budgetary/spending problems that arise early on, rather than addressing and fixing the problems. These are just a few reasons why the subject agenda item should be rescinded.Any changes identified in 23-700 that might be voted as needed by the city council should be handled in a different way,other than as expensive ballot measures. I trust that the city council has been listening to the citizen input from the last few weeks, and will truly consider removing Agenda Item 30(23-700).That would be a good start to gaining more trust and confidence from a wider range of your constituents. 3. Finally, if the end result is that some or all of the amendments are put forward to be part of an election ballot,then it should be the 2024 General Election. Everyone from all parties should strive for strong voter turnout. General elections always have greater voter turnout than Primaries.This would provide more time to work on issues,give the voters more confidence and understanding of the issues up for vote; and of course, everyone agrees that it would save money. Whether the costs of these Measures is$1.2M or$400K+,or whatever- let's save the cost to Huntington Beach taxpayers for changes that are unnecessary. Brad Bergeland 37 year resident of Huntington Beach 1 Switzer, Donna From: Levin, Shannon Sent: Thursday, September 28, 2023 3:56 PM To: supplementalcomm@surfcity-hb.org Subject: FW: Staff report to City Council From:The Silversteins<sjsdns@verizon.net> Sent:Thursday,September 28, 2023 3:16 PM To:CITY COUNCIL(INCL.CMO STAFF)<city.council@surfcity-hb.org> Subject:Staff report to City Council Looking for staff report on financial information about the costs of the proposed charter amendments. Thank you, Stan Silverstein i Switzer, Donna From: Fikes, Cathy Sent: Thursday, September 28, 2023 11:06 AM To: Agenda Alerts Subject: FW: 9/28/2023 - Item 23-835 &23-837 From: K Carroll<kcrissie7@gmail.com> Sent:Thursday,September 28, 2023 11:03 AM To:CITY COUNCIL(INCL. CMO STAFF)<city.council@surfcity-hb.org> Subject: 9/28/2023 - Item 23-835 &23-837 Item 23-835: Yes on all amendments. Item 23-837: No Thank you Mayor Strictland, Pro Tern Gracie Van der Mark, Pat Burns, Casey McKeon! Please stay on course with putting these amendments on the ballot. Thank you for all you do!! You four are what HB represents. You are listening and it shows!!Q Best regards, Kris Carroll i Switzer, Donna From: Janet Michels <janetbmichels@gmail.com> Sent: Sunday, October 1, 2023 1:32 PM To: supplementalcomm@surfcity-hb.org; CITY COUNCIL(INCL. CMO STAFF) Subject: NO charter amendments in 2024 Dear City Council, I again implore you to table the large number of amendments you have recommended and re-visit when you put together a representative committee to do a full review if you have concerns, and hire a professional facilitator to help balance the work. The feedback you are receiving is 90%against what you are doing, and this should inform your actions. I am again 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. I have observed all of the special sessions for the charter amendments, and continue to be disappointed that the citizen feedback does not appear to play any role with the majority on critical citizen issues. While Mr. Gates can weigh in on whether an item can move ahead,what he cannot speak to, and what your role is, includes representing the views of ALL citizens in Huntington Beach. I remain concerned that Mayor Strickland continues to blow the dog whistle of voter fraud and voter integrity,and yet cannot provide any concrete examples of voter fraud and indeed his own party leadership themselves tells their members how safe our voting system is. Shame on him. Congratulations to Councilmember McKeon for showing that he has his own voice and used it in opposition to several measures. 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 i Switzer, Donna From: Julie Ford <fordsjjt@gmail.com> Sent: Sunday, October 1, 2023 10:17 PM To: supplementalcomm@surfcity-hb.org Subject: Proposed charter changes City council I I am opposed to the proposed charter amendments 1. I only vote by mail. You will be taking my rights away if you prohibit mail in ballots 2. I strongly oppose changing the city charter 3. We are a vibrant city snd many women find Trumps behavior disgusting. Why does Mr Strickland seem to mirror his politics. Julie Ford,DDS Sent from my iPhone 1 Switzer, Donna From: Fikes, Cathy Sent: Monday, October 2, 2023 4:34 PM To: Agenda Alerts Subject: FW: Proposed Charter Amendments From:Sheila Ellis<sheila.ellis78@gmail.com> Sent: Monday,October 2,2023 1:14 PM To:CITY COUNCIL(INCL. CMO STAFF)<city.council@surfcity-hb.org> Subject: Proposed Charter Amendments I have watched the special council meetings the past three weeks and have seen the majority of resident public speakers opposing the charter amendments supported by the city council majority. The cost of putting these amendments on the ballot are unknown and additionally may put our city at risk of lawsuits, which would add to the ever growing legal costs being incurred by our city. There is also the question as to why these charter amendments are needed. As for the election changes, why? Do you have proof of fraud you are not sharing with the public?I heard City Attorney Gates state to Mr. Trump our city would impose voter suppression but again, where is the evidence of fraud? How can he make this statement not knowing if the amendments will be on the ballot,pass or will not be dismissed by a court? Why is there a need to change the requirements for City Clerk?Why the need to add a charter amendment to limit which flags can be flown? Why, why, why the need for any of these proposed amendments? I strongly oppose putting these charter amendments on the ballot and lumping together unrelated amendments. The council majority were voted into office on the platform of"no charter changes." Clearly, what they meant was only charter amendments which give them and the city attorney more power and suppress the residents' voices were allowable. There are many other needs which require the city's resources and should have priority and the attention of the council. As the public hearings have shown,the majority of residents oppose wasting money on these amendments and I urge the council to listen to and respect the residents' opinions. Sheila Ellis (She/Her) 1 Switzer, Donna From: Fikes, Cathy Sent: Monday, October 2, 2023 4:52 PM To: Agenda Alerts Subject: FW:Amendment Items:Voter I.D. From:Suzanne Hart<hb.diva@yahoo.com> Sent:Saturday, September 30, 2023 12:03 PM To:CITY COUNCIL(INCL. CMO STAFF)<city.council@surfcity-hb.org> Subject:Amendment Items:Voter I.D. Dear City Council members, I am writing to you with concerns regarding requiring voter I.D. I have heard a handful of your constituents argue that it is needed, even though you have now heard many, many times that voter fraud is not an issue in H.B. I have also heard people who argue that "You need an I.D. to board ships, planes, ETC." While this is, of course, true, the fallacy in this point of view is that when one registers to vote, one must show I.D. and a signature. I was quite surprised when Mr. McKeon suggested that if one didn't want to show I.D., then one should "Should vote by mail.' This doesn't make any sense! As I stated, one must present I.D. and signature when registering to vote. Cast ballots are verified by the County Registrar of Voters at each election period. Therefore, you are promoting a solution for a nonexistent problem. Thank you for listening to my concerns, Suzanne Hart (25 year resident) 1 Switzer, Donna From: cherivatkinson@aol.com Sent: Sunday, October 1, 2023 7:26 AM To: supplementalcomm@surfcity-hb.org; CITY COUNCIL(INCL. CMO STAFF); Cheri Atkinson Subject: Fw: My vote is No on Item 7, No on Item, and No on All Charter Ammendments- To go on the record Dear City Council 1. I vote No on disbanding the Human Relations Task Force in HB, although I did not see it on Item 7. With Hate Crimes up in HB, we need the Human Relations Task Force. They help with HBPD, to monitor Hate Incidents and Hate Crimes. They have programs, that facilitate dialogue. It is unwise and dangerous, to eliminate the Human Relations Task Force. 2. I vote no on Item 15- Making HB a No Mask and Vaccine City. If some one infected dosen't wears a mask, and do, I am only 30 % protected, but if they do and I don't, I have a 70% protection rate, if we both do, then is almost a 100% protection. Let's do what other countries do, and focus on the common good and not individual rights. We do not know, what pandemic is ahead and don't want to lock ourselves into "No Mask and No Vaccination HB" 3. I am against all Charter Ammendments and feel that taxpayer money can be used in many more productive ways. I went to the University of Florida, lived in Florida, andnow live in Huntington Beach, and don't feel that we should be following Florida's playbook. 1. We do not need to reduce the qualifications, of the Elected City Clerk. It is an important position, why reduce the qualifications. 2. The City Attorney, should be accountable to the City Council., and its constituency. It is not posted about how much money, the City Attorney has lost the city in unecessary law suits, only successes. We need quality control, and someone to oversee the money that the City Attorney is costing the city of HB. 3. The County should continue to conduct the elections, as they have had. Many election workers have reported, that the elections have been run fairly. I do not trust with our new HBCC, that the elections will be conducted fairly, and without voter suppression. Adding Poll-Watchers, smacks of inimidation. 4. Banning the Pride Flag- Continues to show HB as unwelcoming and unsupportive of our LGBTQ residents and the new Statement of Dignity has definite Anti-Trans rhetoric. My comments are for Public Record Cheri Atkinson LCSW/ HB Resident i Moore, Tania From: Fikes, Cathy Sent: Thursday, September 28, 2023 6:12 PM To: Agenda Alerts Subject: FW: RE: Original Message From: letters-clumpy-Or@icloud.com<letters-clumpy-Or@icloud.com> Sent: Wednesday,September 27, 2023 5:30 PM To: CITY COUNCIL(INCL. CMO STAFF)<city.council@surfcity-hb.org> Subject: RE: To whom it may concern: Requiring voter ID and monitoring of ballot drop boxes for city elections is a form of voter suppression and intimidation. I urge you not to change the City Charter to include these measures. Why its flying the Pride Flag so objectionable to you? I don't understand. In light of increasing cases of covid and the reduction of residents and citizens not getting the covid boosters, not wearing a mask is a disaster waiting to happen. Why does mask wearing cause so much contention? It is protecting you and others. These measures go against all of the promises you made when you were running for office. Thank you, A concerned resident 1