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HomeMy WebLinkAbout2023-10-17 Agenda PacketIN-PERSON PUBLIC PARTICIPATION: Members of the public are welcome to attend City Council meetings in person. Alternate ways to view meetings live or on-demand include: livestreamed on HBTV Channel 3 (replayed on Wednesday at 10:00 a.m. and Thursday at 6:00 p.m.); live and archived meetings for on-demand viewing accessed from https://huntingtonbeach.legistar.com/calendar , https://bit.ly/SurfCityTV, or the City's YouTube Channel at https://www.youtube.com/cityofhb , or from any Roku, Fire TV or Apple device by downloading the Cablecast Screenweave App and searching for the City of Huntington Beach channel. PUBLIC COMMENTS: Individuals wishing to provide a comment on agendized or non-agendized items including Study Session, Closed Session, and Public Hearing, may do so in person in the City Council Chambers by completing a Request to Speak form delivered to the City Clerk. SUPPLEMENTAL COMMUNICATION: Members of the public unable to personally participate in the meeting but interested in communicating with the City Council on agenda-related items are encouraged to submit a written (supplemental) communication to the Council via email at SupplementalComm@Surfcity-hb.org . Supplemental Communications are public record, and if received by 9:00 AM on the day of the meeting, will be distributed to the City Council prior to consideration of agenda-related items, posted to the City website, and announced, but not read, at the meeting. Communications received after the 9:00 AM deadline will be incorporated into the administrative record. Members of the public are also welcome to communicate with the City Council (and staff supporting Council) at City.Council@surfcity-hb.org . MEETING ASSISTANCE NOTICE: In accordance with the Americans with Disabilities Act, services are available to members of our community who require special assistance to participate in public meetings. If you require special assistance, 48-hour prior notification will enable the City to make reasonable arrangements for an assisted listening device (ALD) for the hearing impaired, American Sign Language interpreters, a reader during the meeting and/or large print agendas. Please contact the City Clerk's Office at (714) 536-5227 for more information. AGENDA City Council/Public Financing Authority Tuesday, October 17, 2023 *Revised for start times and #20 Resolution title* 2:30 PM - Closed Session 4:00 PM - Study Session 6:00 PM - Regular Business Meeting Council Chambers 2000 Main Street Huntington Beach, CA 92648 MAYOR AND CITY COUNCIL TONY STRICKLAND, Mayor GRACEY VAN DER MARK, Mayor Pro Tem RHONDA BOLTON, Councilmember PAT BURNS, Councilmember DAN KALMICK, Councilmember CASEY McKEON, Councilmember NATALIE MOSER, Councilmember STAFF AL ZELINKA, City Manager MICHAEL E. GATES, City Attorney ROBIN ESTANISLAU, City Clerk ALISA BACKSTROM, City Treasurer 1 AGENDA October 17, 2023City Council/Public Financing Authority *2:30 PM - COUNCIL CHAMBERS CALL TO ORDER ROLL CALL Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, Burns CITY COUNCILMEMBER COMMENTS (3-Minute Time Limit) The Mayor will facilitate a voluntary opportunity for members of the Huntington Beach City Council to individually make brief comments to the public. Please note that the Brown Act does not allow for lengthy comments, discussion, or action on topics that are not on the agenda. ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS PERTAINING TO CLOSED AND/ OR STUDY SESSION ITEMS (Received After Agenda Distribution) PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS (3-Minute Time Limit) At this time, the City Council will receive comments from members of the public regarding any topic, including items on the Closed Session agenda. Individuals wishing to provide a comment on item(s) may do so in person by filling out a Request to Speak form delivered to the City Clerk. All speakers are encouraged, but not required to identify themselves by name. Each speaker may have up to 3 minutes unless the volume of speakers warrants reducing the time allowance. Please note that the Brown Act does not allow discussion or action on topics that are not on the agenda. Members of the public who would like to speak directly with a Councilmember on an item not on the agenda may consider scheduling an appointment by contacting the City Council's Administrative Assistant at (714) 536-5553 or emailing the entire City Council at city.council@surfcity-hb.org. RECESS TO CLOSED SESSION CLOSED SESSION 23-8741.CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Al Zelinka, City Manager and Melanie Chaney, Chief Negotiator; also in attendance: Jose Rodriguez, Human Resources Manager; Theresa St Peter, Interim Director of Human Resources; Travis Hopkins, Assistant City Manager; Michael E. Gates, City Attorney; Scott Haberle, Fire Chief and Sunny Han, Chief Financial Officer. Employee Organization: Fire Management Association (FMA). 23-8752.CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Al Zelinka, City Page 1 of 7 2 AGENDA October 17, 2023City Council/Public Financing Authority Manager and Melanie Chaney, Chief Negotiator; also in attendance: Jose Rodriguez, Human Resources Manager; Theresa St Peter, Interim Director of Human Resources; Travis Hopkins, Assistant City Manager; Michael E. Gates, City Attorney; Scott Haberle, Fire Chief and Sunny Han, Chief Financial Officer. Employee Organization: The Huntington Beach Firefighters’ Association (HBFA). 23-8763.CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). People of the State of California/Bonta v. City of Huntington Beach/Zelinka; Case No. 30-2023-01312235-CU-WM-CJC. 23-8774.CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). City of Huntington Beach v. Newsom/HCD; 8:23-CV-00421-FWS (ADSx). 23-8815.CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). In re Aqueous Film-Forming Foams Prods. Liab. Litig., Case No. 2:18-mn-02873 (D.S.C.) (“AFFF MDL”), Case No. 2:22-cv-1798-RMG. 23-8876.CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Nicholas Vella v. City of Huntington Beach; Worker’s Compensation No. COHB-22-0063. 23-9017.CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). City of Huntington Beach v. California Department of Finance; Case No. 34-2018-80002876-CU-WM-GDS. 23-9028.CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION. (Paragraph (4) of subdivision (d) of Gov. Code § 54956.9). Number of Matters: One (1). *STUDY SESSION - Estimated 4:00 PM Start Time PUBLIC COMMENTS PERTAINING TO STUDY SESSION ITEMS (3-Minute Time Limit) At this time, the City Council will receive comments from members of the public regarding any topic, including items on the Study Session agenda. Individuals wishing to provide a comment on Page 2 of 7 3 AGENDA October 17, 2023City Council/Public Financing Authority item(s) may do so in person by filling out a Request to Speak form delivered to the City Clerk. All speakers are encouraged, but not required to identify themselves by name. Each speaker may have up to 3 minutes unless the volume of speakers warrants reducing the time allowance. Please note that the Brown Act does not allow discussion or action on topics that are not on the agenda. Members of the public who would like to speak directly with a Councilmember on an item not on the agenda may consider scheduling an appointment by contacting the City Council's Administrative Assistant at (714) 536-5553 or emailing the entire City Council at city.council@surfcity-hb.org. 23-8789.Review of Councilmember Item 23-532 - Selection, Display, and Circulation of Library Books and Other Materials within Huntington Beach Public Libraries 6:00 PM – COUNCIL CHAMBERS RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING ROLL CALL Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, Burns PLEDGE OF ALLEGIANCE 23-76610.HB Pack 435 will post the colors and lead the Pledge of Allegiance 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. 23-86111.Huntington Beach Police Chaplain Bob Ewing AWARDS AND PRESENTATIONS 23-89912.Legislative Update provided by California State Senator Janet Nguyen CLOSED SESSION REPORT BY CITY ATTORNEY ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS (3-Minute Time Limit) At this time, the City Council will receive comments from members of the public regarding any Page 3 of 7 4 AGENDA October 17, 2023City Council/Public Financing Authority topic, including items on the open session agenda. Individuals wishing to provide a comment may do so in person by filling out a Request to Speak form delivered to the City Clerk. All speakers are encouraged, but not required to identify themselves by name. Each speaker may have up to 3 minutes unless the volume of speakers warrants reducing the time allowance. Please note that the Brown Act does not allow discussion or action on topics that are not on the agenda. Members of the public who would like to speak directly with a Councilmember on an item not on the agenda may consider scheduling an appointment by contacting the City Council's Administrative Assistant at (714) 536-5553 or emailing the entire City Council at city.council@surfcity-hb.org. While the City Council welcomes public involvement and supports and defends free speech, the City Council rejects comments from anyone that are discriminatory, defamatory or otherwise not protected free speech. Those comments will not inform nor be considered by the City Council and may be cause for the Mayor to interrupt the public speaker. Such public comments will not be consented to or otherwise adopted by the City Council in its discussions and findings for any matter tonight. COUNCIL COMMITTEE APPOINTMENT ANNOUNCEMENTS Councilmembers may make brief announcements on any appointments made to a board, committee, or commission. Councilmembers may not discuss or take any action on these announcements. Announcements are limited to 1 minute. AB 1234 REPORTING Per AB 1234 (Government Code Section 53232.3(d)) Councilmembers who attend a meeting, conference, or similar event at the expense of the City must provide a brief report of the meeting, conference, or similar event during the next regular City Council meeting. Reports are limited to 1 minute. OPENNESS IN NEGOTIATION DISCLOSURES Councilmembers must publicly disclose any meetings or communications with City employee associations, related to the negotiations of labor agreements. Disclosures are limited to 1 minute and must be made by the next regular City Council Meeting. CITY MANAGER'S REPORT CITY TREASURER'S REPORT 23-86313.Update on City Treasurer’s Department CONSENT CALENDAR (ITEMS 14-18) CITY CLERK 23-83614.Approve and Adopt Minutes Page 4 of 7 5 AGENDA October 17, 2023City Council/Public Financing Authority A) Approve and adopt the City Council/Public Financing Authority regular meeting minutes of August 1, 2023; and B) Approve and adopt the City Council/Public Financing Authority special meeting minutes of September 21, 2023; and C) Approve and adopt the City Council/Public Financing Authority special meeting minutes of September 28, 2023; and D) Approve and adopt the City Council/Public Financing Authority regular meeting minutes of October 3, 2023; and E) Approve and adopt the City Council/Public Financing Authority special meeting minutes of October 5, 2023 . Recommended Action: CITY MANAGER/INFORMATION SERVICES 23-77515.Approve and Authorize execution of a Professional Services Agreement with IK Consulting, LLC for the Accela Citizen Access online permitting system improvement project and on-call project support services Approve and authorize the Mayor and City Clerk to execute “Professional Services Contract between the City of Huntington Beach and IK Consulting, LLC for Project Management and Implementation Services.” Recommended Action: POLICE 23-86416.Approve responses to the 2022-2023 Orange County Grand Jury Report related to Animal Welfare A) Approve the City’s responses to findings and recommendations posed by the Orange County Grand Jury report entitled “Gimme Shelter and a Pound of Advice - The State of Animal Welfare Overseen by the County of Orange;” and B) Authorize the City Manager to submit the City’s responses to the Presiding Judge of the Superior Court. Recommended Action: 23-84517.Adopt Ordinance No. 4302 amending Huntington Beach Municipal Code (HBMC) Chapter 10.84 relating to bicycle regulations Approved for Introduction on September 19, 2023 by a vote of 6-0-1 (Burns-Absent) Page 5 of 7 6 AGENDA October 17, 2023City Council/Public Financing Authority Adopt Ordinance No. 4302, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 10.84 of the Huntington Beach Municipal Code Relating to Bicycle Regulations.” Recommended Action: 23-84318.Approve and accept the Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) and Pedestrian and Bicycle Safety grants; authorize the Chief of Police to execute documents and approve appropriation and expenditure of funds A) Approve and accept the STEP and “Pedestrian and Bicycle Safety” grant agreements between OTS and the City of Huntington Beach for $800,000 and $42,895, respectively; and, B) Authorize the Chief of Police to execute the grant agreements with OTS; and, C) Approve appropriations and estimated revenue source in the amount of $800,000 and $42,895; and, D) Authorize the Chief of Police to establish separate business units for this funding and expend up to a total of $800,000 and $42,895 on the Selective Traffic Enforcement Program (STEP) grant and “Pedestrian and Bicycle Safety” grant. Recommended Action: ADMINISTRATIVE ITEMS 23-87119.Consider the submission of three Charter amendment ballot measures for voter approval at the March 5, 2024 Statewide Primary Election and the adoption of Resolution Nos. 2023-42, 2023-43, 2023-44, and 2023-45 A) Consider the three proposed Charter amendment ballot measures, ballot language, and exhibits for placement on the March 5, 2024 Statewide Primary Election ballot for voter approval; and B) Adopt Resolution No. 2023-42, “A Resolution of the City Council of the City of Huntington Beach, California, Calling for the Holding of a Special Municipal Election to be held on Tuesday, March 5, 2024, for the Submission to the Voters Questions Relating to City Charter Amendments;” and C) Adopt Resolution No. 2023-43, “A Resolution of the City Council of the City of Huntington Beach, California, Requesting the Board of Supervisors of the County of Orange to Consolidate a Special Municipal Election to be held on March 5, 2024, with the Statewide Primary Election to be held on the Date Pursuant to § 10403 of the Elections Recommended Action: Page 6 of 7 7 AGENDA October 17, 2023City Council/Public Financing Authority Code;” and D) Adopt Resolution No. 2023-44, “A Resolution of the City Council of the City of Huntington Beach, California, Setting Priorities for Filing Written Arguments Regarding City Measures and Directing the City Attorney to Prepare Impartial Analyses;” and E) Adopt Resolution No. 2023-45, “A Resolution of the City Council of the City of Huntington Beach, California, Providing for the Filing of Rebuttal Arguments for City Measures Submitted at Municipal Elections;” and F) Appropriate $459,628 in General Funds to business unit 10040101; and G) Dissolve the Charter Review Ad Hoc Council Committee, as their scope of work has been completed. COUNCILMEMBER ITEMS 23-879*20.Submitted by Mayor Pro Tem Van Der Mark - Consider Adoption of Resolution No. 2023-41 establishing a policy for the review and recataloging of library materials containing sexual content I request the City Council consider adopting Resolution No. 2023-41 to establish a policy for the review and recataloging of library materials containing sexual content (Attachment #2). Recommended Action: 23-89421.Submitted by Mayor Pro Tem Van Der Mark - Adopt Resolution No. 2023-50 in Support of Israel and Condemning the Attacks on Israel by Hamas The City Council adopt the attached Resolution stating that the City publicly declares support for Israel, condemns the barbaric attacks on Israel by Hamas, publicly expresses sympathy for those Israelis who are suffering and dying at the hands of Hamas, and that the City publicly calls for an immediate end to the war. Recommended Action: ADJOURNMENT The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Tuesday, November 7, 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 7 of 7 8 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-874 MEETING DATE:10/17/2023 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Al Zelinka, City Manager and Melanie Chaney, Chief Negotiator; also in attendance: Jose Rodriguez, Human Resources Manager; Theresa St Peter, Interim Director of Human Resources; Travis Hopkins, Assistant City Manager; Michael E. Gates, City Attorney; Scott Haberle, Fire Chief and Sunny Han, Chief Financial Officer. Employee Organization: Fire Management Association (FMA). City of Huntington Beach Printed on 10/12/2023Page 1 of 1 powered by Legistar™9 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-875 MEETING DATE:10/17/2023 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Al Zelinka, City Manager and Melanie Chaney, Chief Negotiator; also in attendance: Jose Rodriguez, Human Resources Manager; Theresa St Peter, Interim Director of Human Resources; Travis Hopkins, Assistant City Manager; Michael E. Gates, City Attorney; Scott Haberle, Fire Chief and Sunny Han, Chief Financial Officer. Employee Organization: The Huntington Beach Firefighters’ Association (HBFA). City of Huntington Beach Printed on 10/12/2023Page 1 of 1 powered by Legistar™10 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-876 MEETING DATE:10/17/2023 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). People of the State of California/Bonta v. City of Huntington Beach/Zelinka; Case No. 30-2023-01312235-CU-WM-CJC. City of Huntington Beach Printed on 10/12/2023Page 1 of 1 powered by Legistar™11 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-877 MEETING DATE:10/17/2023 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). City of Huntington Beach v. Newsom/HCD; 8:23-CV-00421-FWS (ADSx). City of Huntington Beach Printed on 10/12/2023Page 1 of 1 powered by Legistar™12 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-881 MEETING DATE:10/17/2023 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). In re Aqueous Film-Forming Foams Prods. Liab. Litig., Case No. 2:18- mn-02873 (D.S.C.) (“AFFF MDL”), Case No. 2:22-cv-1798-RMG. City of Huntington Beach Printed on 10/12/2023Page 1 of 1 powered by Legistar™13 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-887 MEETING DATE:10/17/2023 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Nicholas Vella v. City of Huntington Beach; Worker’s Compensation No. COHB-22-0063. City of Huntington Beach Printed on 10/12/2023Page 1 of 1 powered by Legistar™14 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-901 MEETING DATE:10/17/2023 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). City of Huntington Beach v. California Department of Finance; Case No. 34-2018-80002876-CU-WM-GDS. City of Huntington Beach Printed on 10/12/2023Page 1 of 1 powered by Legistar™15 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-902 MEETING DATE:10/17/2023 CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION. (Paragraph (4) of subdivision (d) of Gov. Code § 54956.9). Number of Matters: One (1). City of Huntington Beach Printed on 10/12/2023Page 1 of 1 powered by Legistar™16 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-878 MEETING DATE:10/17/2023 Review of Councilmember Item 23-532 - Selection, Display, and Circulation of Library Books and Other Materials within Huntington Beach Public Libraries City of Huntington Beach Printed on 10/12/2023Page 1 of 1 powered by Legistar™17 Review of Councilmember Item 23-532 – Selection, Display, and Circulation of Library Books and Other Materials within Huntington Beach Public Libraries October 17, 2023 18 .-...::::-__ _ - --------------.-= ------ ~ Table of Contents •Review of Councilmember Item 23-532 •Research Conducted •Research Findings •Data Analysis •Library Policies •Supporting Parents & Caregivers at Huntington Beach Public Library (HBPL) •Summary of Final Options 19 Review of Councilmember Item 2023-532 On June 20, 2023, City Council directed the City Manager to work with the City Attorney to return to the City Council at a Study Session in September of this year with options to establish safeguards that would prevent minor access to age-inappropriate, obscene, pornographic and/or sexually explicit materials in City libraries. 20 Review of Councilmember Item 2023-532 On September 4, 2023, City Council redirected staff to return to City Council on October 17, 2023, with actionable policy options regarding City library materials and safeguards. 21 Research Conducted •Meeting with California State Librarian •Meeting with Penguin Random House (Publisher) •Meeting with Brodart Company (Book Distributor) •Collaboration with other City Managers and library systems on best practices and resources •Review of case studies, court cases and legislation •Participation in online webinars •Meetings with interested members of the public •Meetings with City Manager and City Attorney, as directed 22 Research Findings: Publisher Penguin Random House (Publisher) •Nothing is published that will raise red flags on the Miller Test •Rigid requirements on how books are published •Typically, will not publish material from authors who are not represented by an agent •Review Process o Multi-level to include the editor, publicist, legal, subject matter experts, and review of illustrations 23 •Children’s Books o Third party companies are used to identify content levels based on child development phases o Pre-publication reviews conducted by teachers, librarians, and subject matter experts o Comprehension vs. Content •Publisher has the right to postpone, reject or decline to publish the book at any time during the process, even after publishing is complete Research Findings: Publisher 24 •Ratio of manuscripts published as books:about 1-2% •The low rate of manuscript acceptance acts as a quality control: publishers select only the best materials for publication and perform the necessary fact-checking,verification, and legal evaluation for each title published Research Findings: Publisher 25 Research Findings: Book Distributor Brodart (Book Distributor) •Data is developed and accompanies each book, including recommended age categories, which are provided by the publisher •Brodart curates their data, constantly reviewing for accuracy, and identifying additional data points to help libraries and readers make informed decisions •Brodart aims for each book to have a minimum of ten subject headings/data points 26 Research Finding: Book Distributor 27 IJ Bibz P ysica,I Descr"ption: 278 pages; 22 cm H 8.53 ", W 5.71", D 0.96 R, 0.8 lbs. LC Saeries: Broda rt Souroes: Bro dart's For Youth Inter est Titles Bro dart's TOP Juven il e Titl es Bib Ii ogra phi es: Award-wlnnlnc author of A Plaee to Han1 t he Moon Kate Albus --- Not hi 1~g El s.e B,ut M i r a1c l es m fl m n II) Aut hor:Alb usrKate ,c~ ass: f=i cti on Ag, e : 8-t2. Language: E ng~i s!h De m an : High LC: PZ7.1 1Grade 3-7 Pr i · t R n: 75000 Awards: Pub lishers Week ly Starred Rev iews St arred Rev iews: Pub lishers Weekly T IIPS Subj ects: Ac t ion/ Adve n t ure Fami ly Uf e Histo r ical Fict ion BISAC Subj ects: Jl.J VE I LE FICT IO I/ Ac t ion & Advent u r e/ Ge ner a l Jl.J VE I LE FICT IO N!/ Family / Sib I in~ Jl.J VE I LE FICT IO N!/ Histo r ical / Un ite d States/ 20th Ce ntu r y LC Subj ects: Hote ls , Juve n ile fi ction Hote ls , mote ls, e t c , Fiction Lowe r Eas t Sid e ( ew Yo ·r k, NI .V .),, Fict ion ISIBN-13,: 97.80823451630 LCC N: 202204089 8 Pu b Date: 09 /05/2023 Lowe r Eas t Sid e (Nl ew Yo r k, NI.V.),,Juve n ile fic t ion Imprin t: arga r et Fe rguson Boollcs Pllblisher: Random House Av,a,i la bi I ity: Ava il a b l,e I n-Stock: 64 List: $17.99 Net: S9.89 Ext . Price: $19.78 Sib li ,gs, Fict ion Sih lings, J uve n ile f i ctio n Worl d War, 1939-1945., Ficti on .S Subj ects: Hote ls a nd mote ls , Fict ion Lowe r Eas t Sid e ( ew Yo r k, I.V ,J,, Fict ion Sib lings, Fict i on 28 I X • / I I - -lffll --Ji: idea manuscript editor • • rev1s1ons an autho r has an idea! the w ritte n idea manusc ri pt s are rev iewed the man uscript is revised a ft e r~a~ ie~~!~!isher t hey w rit e a book t o is su b m it te d t o a p ubl isher s hare the ir id ea. as a raw ma n usc ri pt. t he book wit h a l I o f it s data and reviews a re add e d to t he w holesa le r we b s ite. by an edit or for selection. on ly 1·2% are c hosen. • • reviews ex p e rt s in literature write p rofessiona l reviews o f some, but not a ll, o f t he books. for accuracy, g ramma r, a nd content. data points hu ndreds of descrip t o rs a re a dd e d t o e a ch b oo k by li bra ria ns. dec ides w hether o r not to print t he book. ■■ ■■■ ■■■■ ■■■■■■ warehouse w ho lesalers ord er books fr om ma ny pu b lishers and store t he m in ware houses. 11/1 selection approval purchase shipping shelved selection librarians read data and reviews and select books for purchase. supervising librarians review order lis t s for accuracy and justification. an accounting technicia n orders t he books from the w ho lesaler. the books are prepared and shipped t o the library by the w holesa le r. books are added lo the libra ry catalog and placed on t he shelf. readers readers choose t he books that best fit t heir info rmation nee ds. •Library Card Account Types •Adult cards: 82,813 •Teen cards: 2,434 •Minor cards: 17,976 •Materials Checked Out •Adult: 285,427 (FY 22/23) •Young Adult: 36,203 (FY 22/23) •Children's: 459,779 (FY 22/23) •Library Collection •Total items: 290,189 •Books: 134,620 •Materials Procured Annually: Approximately 20,000 Data Analysis •Book Challenges •5 Challenges in last 5 years •0 Challenges in 2023 29 Data Analysis: Minor Cards Adult Print Children Teen Print Sep 2022 Nov 2022 Jan 2023 Mar 2023 May 2023 Jul 2023 30 N 6 Q) en < ~ "' E 2,000 1,500 ~ 1,000 :::, u >, .0 ~ > B <( 500 0 ::::::::::=:::: =-= <... - ■ ■ ■ Data Analysis: Teen Cards Adult Print Children Teen Print Sep 2022 Nov 2022 Jan 2023 Mar 2023 May 2023 Jul 2023 31 150 50 0 ■ ■ ■ •Collection Development Policy o Materials Reconsideration Process •Computer Lab Use Agreement •Internet Safety/Child Information Protection Act (CIPA) •Library Card Policy •Rules of Conduct •Unaccompanied Minors Policy Library Policies 32 •Specificity added to inform decision making on which items are considered for addition to the collection •Materials Reconsideration Process •Council Request: Form a committee to monitor library collections Library Policies: Collection Development 33 •Minor Card o Require parental permission o May only check out printed materials •Teen Card o Does not require parental permission o May only check out printed materials •Adult Card o Full access to the collection and all materials •Council Request: Parental Control Card o Require parental permission o May only check out Children's Library printed materials Library Policies: Library Card Types 34 Please take item to desk Empire of light / Updates to Include •Current process for suspension of privileges and appeals process •Added behaviors not allowed include o Damaging, defacing, or altering library material or property o Harassment of other patrons or staff or impeding one's use of the library or staff's ability to do their work •To be reviewed and updated as needed every two years Library Policies: Rules of Conduct 35 •Current policy reflects minors 10 and younger •Update would require a responsible adult to accompany minors 12 years old and younger at all times while in the library •Supports direct parent/caregiver involvement in the choices children are making while at the library, as well as the materials they select Library Policies: Unaccompanied Minors 36 •Updated new cardholder brochures •Updated process for providing book recommendations for young readers and families •Updated book lists, informational flyers, & reading guides Supporting Parents & Caregivers at HBPL 37 Supporting Parents & Caregivers: New Cardholder Brochure •Information about the Children's collection •Library hours & locations •Card usage restrictions •Unaccompanied Minors Policy statement •Purchase suggestion information •Library policy information •Children's program information 38 Supporting Parents & Caregivers: Book Lists & Content Advisory •"Picture books to read aloud" book lists by subject •Grade level book lists for grades 1-8 o Titles selected based on content & comprehension •What's in this book?guide for parents o Online resources to learn more about book content and make informed decisions •Book recommendations for children o Conducted by professional librarians o Incorporate parent input & family values ▪"Are there any topics you would like to avoid when finding new books for your family?" 39 eommonsensemedta.org booktr199111rwar nln9s .eom 9oodrudseom •Policy Updates o Creation of a Parental Control Library Card Type o Adjustment to Unaccompanied Minors Policy Age Limit •Support for Parents & Caregivers o Updated informational materials o Updated grade level & subject book lists o Updated process for making book recommendations for children and families •Additional Research Required o Creation of a Collection Development Review Committee Summary of Final Options 40 Questions? 41 References and Links: Definitions and Sources for Additional Information •Brodart Books & Library Services: HBPL's primary book vendor (LINK) •Case law & legislation:UConn Meskill Law Library (LINK); Middle Tennessee State University Free Speech Center (LINK); American Library Association Notable First Amendment Court Cases (LINK) •Miller Test: the test by which materials are evaluated for obscenity. Involves a tripartite standard, evaluating materials on the basis of three criteria: •(1) whether 'the average person, applying contemporary standards' would find the work 'taken as a whole' appeals to 'prurient interest;' •(2) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; •and (3) whether the work, 'taken as a whole,' lacks series literary, artistic, political, or scientific value. (LINK) •Obscenity: defined under the law using the Miller Test; "a work will be found to be obscene if 'taken as a whole, (it) lacks serious literary, artistic, political, or scientific value.'" (LINK) (LINK) (LINK) •Pornography: "material that depicts nudity or sexual acts for the purpose of sexual stimulation... the presence of nudity or sexual acts in a piece of media does not necessarily make that media pornographic if the purpose of that media form is something other than sexual stimulation." (LINK) •CA State Librarian: Greg Lucas, (LINK) •Collection Development: the process by which libraries select and acquire materials. (LINK) •Penguin Random House Publishing:the world's largest book publishing company, (LINK) 42 •LC: Library of Congress •ISBN:International Standard Book Number •LCCN: Library of Congress Control Number •Publisher:A company that sells and distributes books •Imprint: A brand name under the umbrella of a larger publisher •LC Series: A series of books as recognized by the Library of Congress •TIPS Subjects:A Brodart-specific subject heading, Title Information Preview Service •BISAC Subjects: Book Industry Standards and Communications subject headings •LC Subjects: Library of Congress subject headings •SEARS Subjects:A standard authority list for subject cataloging in small and medium -sized libraries Learn more about cataloging and description terminology on the Cataloging Tools and Resources LibGuide from the American Library Association, HERE. Glossary of Terms: Brodart Bibz 43 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-766 MEETING DATE:10/17/2023 HB Pack 435 will post the colors and lead the Pledge of Allegiance City of Huntington Beach Printed on 10/12/2023Page 1 of 1 powered by Legistar™44 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-861 MEETING DATE:10/17/2023 Huntington Beach Police Chaplain Bob Ewing City of Huntington Beach Printed on 10/12/2023Page 1 of 1 powered by Legistar™45 46 Moore, Tania From: Sent: To: Cc: Subject: Dear Council Member and Staff, Douglas Von Dollen <von.dollendouglas@gmail.com> Tuesday, October 10, 2023 5:43 PM supplementalcomm@surfcity-hb.org CITY COUNCIL (INCL. CMO STAFF) Invocation For 10/17 Council Meeting In light of the terrorist attack in Israel this weekend, I urge you to work with the Interfaith Council to provide an appropriate invocation for your 10/17 meeting. Our HBPD and HBFD chaplains have done an excellent job over the last 9 months but it is past time that you recognized the diversity of our faith community and sent a message of unity and solidarity with those suffering right now. Sent from my iPad 1 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-899 MEETING DATE:10/17/2023 Legislative Update provided by California State Senator Janet Nguyen City of Huntington Beach Printed on 10/12/2023Page 1 of 1 powered by Legistar™47 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-863 MEETING DATE:10/17/2023 Subject: Update on City Treasurer’s Department City of Huntington Beach Printed on 10/12/2023Page 1 of 1 powered by Legistar™48 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-836 MEETING DATE:10/17/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Robin Estanislau, CMC, City Clerk PREPARED BY:Robin Estanislau, CMC, City Clerk Subject: Approve and Adopt Minutes Statement of Issue: The City Council/Public Financing Authority meeting minutes dated August 1, 2023, September 21, 2023, September 28, 2023, October 3, 2023, and October 5, 2023 , require review and approval Financial Impact: None. Recommended Action: A) Approve and adopt the City Council/Public Financing Authority regular meeting minutes of August 1, 2023; and B) Approve and adopt the City Council/Public Financing Authority special meeting minutes of September 21, 2023; and C) Approve and adopt the City Council/Public Financing Authority special meeting minutes of September 28, 2023; and D) Approve and adopt the City Council/Public Financing Authority regular meeting minutes of October 3, 2023; and E) Approve and adopt the City Council/Public Financing Authority special meeting minutes of October 5, 2023. Alternative Action(s): Do not approve and/or request revision(s). Analysis: None City of Huntington Beach Printed on 10/12/2023Page 1 of 2 powered by Legistar™49 File #:23-836 MEETING DATE:10/17/2023 Environmental Status: Non-Applicable Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. CC/PFA regular meeting minutes of August 1, 2023 2. CC/PFA special meeting minutes of September 21, 2023 3. CC/PFA special meeting minutes of September 28, 2023 4. CC/PFA regular meeting minutes of October 3, 2023 5. CC/PFA special meeting minutes of October 5, 2023 City of Huntington Beach Printed on 10/12/2023Page 2 of 2 powered by Legistar™50 Minutes City Council/Public Financing Authority City of Huntington Beach Tuesday, August 1, 2023 5:00 PM — Council Chambers 6:00 PM — Council Chambers Civic Center, 2000 Main Street Huntington Beach, California 92648 A video recording of the 5:00 PM and 6:00 PM portions of this meeting is on file in the Office of the City Clerk, and archived at www.surfcity-hb.org/government/agendas/ 5:00 PM — COUNCIL CHAMBERS CALLED TO ORDER — 5:00 PM ROLL CALL Present: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns Absent: None CITY COUNCILMEMBER COMMENTS — None ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS PERTAINING TO CLOSED SESSION ITEMS (Received After Agenda Distribution) — None PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS — None RECESSED TO CLOSED SESSION — 5:03 PM A motion was made by McKeon, second by Van Der Mark, to recess to Closed Session. Councilmember Kalmick stated his recusal from Closed Session Item 1 regarding Conference with Real Property Negotiators due to a financial conflict of interest with Huntington Central Park Equestrian Center, a professional client of his. Mayor Strickland announced: Pursuant to Government Code Section 54956.8, the City Council takes this opportunity to publicly introduce and identify property negotiators: Chris Cole, Acting Deputy Director, Community & Library Services; Kriss Casanova, Economic Development Manager, Community Development; William Krill, Real Estate & Project Manager, Public Works. Also in attendance: Michael Gates, City Attorney; and Robin Estanislau, City Clerk. Negotiating parties: Mary Behrens, President, National Equestrian Centers, Inc. Under negotiation: Amendment to the current lease. 51 City Council/PFA Regular Minutes August 1, 2023 Page 2 of 30 CLOSED SESSION 1. 23-661 CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Gov. Code section 54956.8.) Property: Huntington Central Park Equestrian Center located at 18381 Goldenwest Street, Huntington Beach, CA 92648 (APN: 894-901-96). Agency negotiator: Chris Cole, Acting Deputy Director, Community & Library Services; Kriss Casanova, Economic Development Manager, Community Development; William Krill, Real Estate & Project Manager, Public Works. Negotiating parties: Mary Behrens, President, National Equestrian Centers, Inc. Under negotiation: Amendment to the current lease. 6:00 PM — COUNCIL CHAMBERS RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING — 6:00 PM ROLL CALL Present: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns Absent: None PLEDGE OF ALLEGIANCE — Led by Mayor Pro Tem Van Der Mark 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. 2. 23-662 Huntington Beach Police Chaplain James Pike CLOSED SESSION REPORT BY CITY ATTORNEY — None City Attorney Michael Gates provided an explanation for withdrawing from Council consideration Consent Calendar Item #18 (23-656) regarding employment agreement with Randy Risner as Chief Assistant City Attorney. ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced supplemental communications that were received by her office following distribution of the Council Agenda packet, which were all uploaded to the City's website and Councilmember iPads: Council Committee Appointments #3 (1 email); City Attorney's Report #6 (1 PowerPoint communication and 1 letter); Consent Calendar Item #8 (2 communications), #10 (1 email), #20 (1 email), #23 (1 email); Administrative Items #27 (38 emails), #28 (1 Interdepartmental memo, 1 letter, and 30 emails); Councilmember Items #29 (1 letter, and 21 emails). PUBLIC COMMENTS — 65 Speakers The number [hh:mm:ss] following the speakers' comments indicates their approximate starting time in the archived video located at http://www.surfcity-hb.org/government/agendas. 52 City Council/PFA Regular Minutes August 1, 2023 Page 3 of 30 Shirley Dettloff, a Huntington Beach resident since 1964, Former Councilmember, Mayor and co-author of the Huntington Beach Declaration of Policy on Human Dignity, was called to speak and stated her opposition to Councilmember Items #29 regarding amending the Declaration of Policy on Human Dignity. She also stated her support for continuing the work of the Huntington Beach Human Relations Committee (HBHRC), and the Greater Huntington Beach Interfaith Council (GHBIC) which ensures Huntington Beach is living up to the Human Dignity policy. (00:10:14) Elaine Bauer Keeley, daughter of deceased Ralph Bauer, a former Councilmember, Mayor, and co- author of the Huntington Beach Declaration of Policy on Human Dignity, was called to speak and stated her opposition to Councilmember Items #29 regarding amending the Declaration of Policy on Human Dignity. (00:13:37) Unnamed Guest was called to speak and stated her opposition to Administrative Items #27, regarding streamlining and restructuring select citizen-led Boards, Commissions, and Committees and Council Committees, specifically Recommendation #4 regarding dissolving the Mobile Home Advisory Board (MHAB). (00:17:02) Wendy Rincon, a 49-year resident of Huntington Beach, was called to speak and stated her opposition to Administrative Items #28 regarding proposed Charter Amendments for placement as ballot measures at the March 5, 2024, Statewide Primary Election. (00:20:00) Arthur Estrada, a resident at Skandia Mobile Home Park, was called to speak and stated his opposition to Administrative Items #27, regarding streamlining and restructuring select citizen-led Boards, Commissions, and Committees and Council Committees, specifically Recommendation #4 regarding dissolving the Mobile Home Advisory Board (MHAB). (00:21:58) Roy C. McCord was called to speak and shared his opinions and concerns related to materials and resources for Huntington Beach public libraries, specifically titles of books which City Council does not feel are appropriate for the Children's Section. (00:25:15) Paul Horgan, a Huntington Beach resident, was called to speak and shared his opinions, concerns and experience related to materials and resources for Huntington Beach public libraries, specifically titles of books which City Council does not feel are appropriate for the Children's Section. (00:28:39) Shammy Dingus was called to speak and shared her concerns, questions and opposition to Administrative Items #28 regarding proposed Charter Amendments for placement as ballot measures at the March 5, 2024, Statewide Primary Election, and concerns and questions regarding the settlement of the Pacific Air Show lawsuit. (00:31:46) Avery Counts, a Huntington Beach resident, was called to speak and stated his opposition to Administrative Items #27, regarding streamlining and restructuring select citizen-led Boards, Commissions, and Committees and Council Committees, specifically regarding Recommendations #2, dissolution of the Huntington Beach Human Relations Committee (HBHRC) and #4, dissolution of the Mobile Home Advisory Board (MHAD). (00:35:10) Andrew Einhorn, a Huntington Beach resident, was called to speak and stated his opposition to Councilmember Items #29 regarding amending the Declaration of Policy on Human Dignity. Mr. Einhorn also stated his opposition to Administrative Items #28 regarding proposed Charter Amendments for placement as ballot measures at the March 5, 2024, Statewide Primary Election, specifically Section 310 (Clerk Qualifications), and Section 702 (Local Control Over Elections). (00:38:17) 53 City Council/PFA Regular Minutes August 1, 2023 Page 4 of 30 Victor Leipzig, a 41-year resident of Huntington Beach, Former City Councilmember, Mayor, Planning Commissioner, and Liaison to many Committees and Boards, was called to speak and shared his opinion that proposed Charter amendments should be presented through open disclosure and opportunity for public response before being placed on any ballot. Mr. Leipzig stated his support for the comments made by Elaine Bauer Keeley in opposition to Councilmember Items #29 regarding amending the Declaration of Policy on Human Dignity. (00:41:20) Randell Costello was called to speak and shared his opinions on Councilmember Items #29 regarding amending the Declaration of Policy on Human Dignity. (00:44:00) Robin Estanislau, Huntington Beach City Clerk, was called to speak and shared her concerns and opposition to Administrative Items #28 regarding proposed Charter Amendments for placement as ballot measures at the March 5, 2024, Statewide Primary Election, specifically Section 300 (Clerk and Treasurer Election Cycle), Section 310 (Clerk Qualifications), and Section 702 (Local Control Over Elections), and asked that Council take no action on these sections. (00:47:22) Joan Flynn, a 58-year Huntington Beach resident and former Huntington Beach City Clerk, was called to speak and stated her opposition to Administrative Items #28 regarding recommended Charter Amendments for placement as ballot measures at the March 5, 2024, Statewide Primary Election, specifically Section 310 (Clerk Qualifications). (00:50:49) Ada Hand was called to speak and stated her opposition to Administrative Items #27, regarding streamlining and restructuring select citizen-led Boards, Commissions, and Committees and Council Committees, specifically Recommendation #4 regarding dissolving the Mobile Home Advisory Board (MHAB). (00:54:59) Allie Plum was called to speak and stated her opposition to Administrative Items #27, regarding streamlining and restructuring select citizen-led Boards, Commissions, and Committees and Council Committees, specifically Recommendation #2 regarding dissolving the Huntington Beach Human Relations Committee (HBHRC), and Recommendation #4 regarding dissolving the Mobile Home Advisory Board (MHAB). (00:57:37) Donna Andrade, a 3-year Huntington Beach mobile home resident, was called to speak and stated her opposition to Administrative Items #27, regarding streamlining and restructuring select citizen-led Boards, Commissions, and Committees and Council Committees, specifically Recommendation #2 regarding dissolving the Huntington Beach Human Relations Committee (HBHRC), and Recommendation #4 regarding dissolving the Mobile Home Advisory Board (MHAB). (01:01:01) Jeanne Farrens, a resident of Skandia Mobile Home Park, was called to speak and stated her opposition to Administrative Items #27, regarding streamlining and restructuring select citizen -led Boards, Commissions, and Committees and Council Committees, specifically Recommendation #2 regarding dissolving the Huntington Beach Human Relations Committee (HBHRC), and Recommendation #4 regarding dissolving the Mobile Home Advisory Board (MHAB). (01:03:02) Unnamed Guest was called to speak and stated his opposition to Administrative Items #27, regarding streamlining and restructuring select citizen-led Boards, Commissions, and Committees and Council Committees, specifically Recommendation #4 regarding dissolving the Mobile Home Advisory Board (MHAB). (01:06:44) 54 City Council/PFA Regular Minutes August 1, 2023 Page 5 of 30 Mary Jo Baretich, a resident of Huntington Beach for over 40 years, and Mobile Home Advisory Board Member, was called to speak and stated her opposition to Administrative Items #27, regarding streamlining and restructuring select citizen-led Boards, Commissions, and Committees and Council Committees, specifically Recommendation #4 regarding dissolving the Mobile Home Advisory Board (MHAB). (01:07:47) Jignesh Padhiar was called to speak and stated appreciation for City Attorney's Report #7, an update on Pacific Airshow v. City of Huntington Beach lawsuit. Mr. Padhiar also stated support for Administrative Items #28, regarding proposed Charter Amendments for placement as ballot measures at the March 5, 2024, Statewide Primary Election, specifically Section 702 (Local Control Over Elections). (01:10:54) Stephen Quinn was called to speak and stated support for Councilmember Items #29 amending the Declaration of Policy on Human Dignity. (01:12:58) Jeanne Paris was called to speak and stated her support for Administrative Items #27, regarding streamlining and restructuring select citizen-led Boards, Commissions, and Committees and Council Committees. Ms. Paris also stated support for Councilmember Items #29 amending the Declaration of Policy on Human Dignity. (01:15:04) Ann Palmer, 30-year Huntington Beach resident, was called to speak and stated her support for Administrative Items #28 regarding proposed Charter Amendments for placement as ballot measures at the March 5, 2024 Statewide Primary Election, specifically Section 300 (Term Commencement); Section 303 (Regular Meetings); her opposition to Section 612 (Measure C) b. Parks; support for Sections 601/602 (Annual Budget); and Section 702 (Local Control Over Elections). Ms. Palmer also shared her opinions regarding Administrative Items #27 regarding streamlining and restructuring select citizen -led Boards, Commissions, and Committees and Council Committees, and stated her support for Councilmember Items #29 regarding amending the Declaration of Policy on Human Dignity. (01:17:23) At 7:19 PM, Mayor Strickland called for a 5-minute recess to restore order in the Chambers. Connie Boardman, former Huntington Beach Councilmember and Mayor, was called to speak and shared her opinions and experience related to the Pacific Air Show v. City of Huntington Beach lawsuit. Ms. Boardman stated her opposition to Administrative Items #28, regarding proposed Charter Amendments, specifically Section 300 (Clerk and Treasurer Election Cycle), Section 310 (Clerk Qualifications), and Section 702 (Local Control Over Elections). (01:22:59) Gigi Jackson, a Huntington Beach resident, Homeless United Advocate, and NAACP Orange County Branch Secretary, was called to speak and stated opposition to Administrative Items #27, regarding streamlining and restructuring select citizen-led Boards, Commissions, and Committees and Council Committees, specifically Recommendation #2 regarding dissolving the Huntington Beach Human Relations Committee (HBHRC); and Councilmember Items #29 regarding amending the Declaration of Policy on Human Dignity. (01:25:14) KC Fockler, a resident of Huntington Beach for over 40 years, and Environmental and Sustainability Board Member, was called to speak and stated his opposition to Administrative Items #27, regarding streamlining and restructuring select citizen-led Boards, Commissions, and Committees and Council Committees, specifically Recommendation #5 dissolving the Environmental and Sustainability Board. (01:28:40) 55 City Council/PFA Regular Minutes August 1, 2023 Page 6 of 30 Nora Pedersen, a 36-year resident of Huntington Beach, was called to speak and stated her opposition to Administrative Items #27, regarding streamlining and restructuring select citizen -led Boards, Commissions, and Committees and Council Committees, specifically Recommendation #2 regarding dissolving the Huntington Beach Human Relations Committee (HBHRC), and Councilmember Items #29 amending the Declaration of Policy on Human Dignity. (01:31:23) Bud Benneman, Huntington Beach resident, Goldenwest College Professor of Geology, Surfrider Foundation Member, and Environmental and Sustainability Board Member, was called to speak and stated his opposition to Administrative Items #27, regarding streamlining and restructuring select citizen- led Boards, Commissions, and Committees and Council Committees, specifically Recommendation #5 dissolving the Environmental and Sustainability Board. (01:32:49) Debbi Parrott, Huntington Beach Human Relations Committee Member and former Vice Chair, was called to speak and stated her opposition to Administrative Items #27, regarding streamlining and restructuring select citizen-led Boards, Commissions, and Committees and Council Committees, specifically Recommendation #2 regarding dissolving the Huntington Beach Human Relations Committee (HBHRC). (01:34:53) Jeff Rokos, a 25-year Huntington Beach resident, was called to speak and stated his opposition to Administrative Items #27, regarding streamlining and restructuring select citizen-led Boards, Commissions, and Committees and Council Committees; and Administrative Items #28 regarding proposed Charter Amendments, specifically Section 300 (Clerk and Treasurer Election Cycle), Section 310 (Clerk Qualifications), and Section 702 (Local Control Over Elections). (01:37:41) Colin Parrott, Huntington Beach Youth Board Former Member, was called to speak and stated his opposition to Administrative Items #27, regarding streamlining and restructuring select citizen-led Boards, Commissions, and Committees and Council Committees, specifically Recommendation #2 regarding dissolving the Huntington Beach Human Relations Committee (HBHRC), and Recommendation #7 regarding restructuring of the Huntington Beach Youth Board. (01:40:57) Gary Miller, a resident of Huntington Beach since 1985, was called to speak and shared concerns about recent safety issues he experienced and observed near and on the Pier that did not result in issuance of a citation. Mr. Miller asked that in addition to educating the public on breaking the law, Huntington Beach Police Officers take more action to issue citations. (01:44:15) Vanessa Chow, Huntington Beach Human Relations Committee Vice Chair, was called to speak and stated her opposition to Administrative Items #27, regarding streamlining and restructuring select citizen- led Boards, Commissions, and Committees and Council Committees, specifically Recommendation #2 regarding dissolving the Huntington Beach Human Relations Committee (HBHRC). (01:46:56) Eric Silkenson, 51-year Huntington Beach resident, Huntington Beach City Council Candidate in 2020, and Mobile Home Advisory Board Chair, was called to speak and stated his opposition to Administrative Items #27, regarding streamlining and restructuring select citizen-led Boards, Commissions, and Committees and Council Committees, specifically Recommendation #4 regarding dissolving the Mobile Home Advisory Board (MHAB); and his opposition to Administrative Items #28, regarding Charter Amendments for placement as ballot measures at the March 5, 2024 Statewide Primary Election, specifically Section 310 (Clerk Qualifications). (01:50:08) Kim Carr, former Huntington Beach Councilmember and Mayor, was called to speak and shared what she described as factual errors in the PowerPoint presentation for City Attorney's Report, Agenda Item 56 City Council/PFA Regular Minutes August 1, 2023 Page 7 of 30 #6 regarding the history of authorized actions in the Moore v. City, Gates lawsuit. Ms. Carr also stated her opposition to Administrative Items #27, regarding streamlining and restructuring select citizen-led Boards, Commissions, and Committees and Council Committees, specifically Recommendation #2 dissolving the Huntington Beach Human Relations Committee (HBHRC), and Recommendation #4 dissolving the Mobile Home Advisory Board (MHAB); Administrative Items #28, regarding proposed Charter Amendments for placement as ballot measures at the March 5, 2024 Statewide Primary Election, specifically Section 310 (Clerk Qualifications); and Councilmember Items #29 amending the Declaration of Policy on Human Dignity. (01:53:24) Tim Geddes, 40-year Huntington Beach resident, was called to speak and stated his opposition to Administrative Items #27, regarding streamlining and restructuring select citizen-led Boards, Commissions, and Committees and Council Committees, specifically Recommendation #4 regarding dissolving the Mobile Home Advisory Board (MHAB). (01:56:50) Michael Gates, Huntington Beach City Attorney, Candidate for Re-Election in 2026, was called to speak and explained his perspective regarding comments made earlier in this meeting by City Clerk Robin Estanislau relating to proposed Charter Amendments, specifically Section 310 (Clerk Qualifications),. (01:59:50) Linda Moon, a 49-year Huntington Beach resident, was called to speak and stated opposition to Administrative Items #28, regarding proposed Charter Amendments for placement as ballot measures at the March 5, 2024, Statewide Primary Election, specifically Sections 303 (Regular Meetings), 601/602 (Annual Budget), 300 (Clerk and Treasurer Election Cycle), 310 (Clerk Qualifications), and 702 (Local Control Over Elections). (02:03:46) Donna Taylor, a Huntington Beach mobile home resident for 39 years, was called to speak and proudly announced that she will be 92 years old this month. Ms. Taylor also requested that the Council consider the concerns shared by the City’s mobile home residents and provide assistance. (02:07:12) Peggy Willett was called to speak and asked that Councilmembers help address the concerns of the City's mobile home residents, many of whom are active and contributing in many different ways to enhance the quality of life for others. (02:08:35) Sharon Petersen, a 30-year Huntington Beach mobile home resident, was called to speak and stated her opposition to Administrative Items #27, regarding streamlining and restructuring select citizen-led Boards, Commissions, and Committees and Council Committees, specifically Recommendation #2 regarding dissolving the Huntington Beach Human Relations Committee (HBHRC), Recommendation #4 dissolving the Huntington Beach Mobile Home Advisory Board (HBMAB); and Administrative Items #28, regarding proposed Charter Amendments for placement as ballot measures at the March 5, 2024 Statewide Primary Election, specifically Section 702 (Local Control Over Elections). (02:09:45) Todd Harkness, a Building Contractor, was called to speak and shared concerns about the Building Department’s inspection processes for re-roof projects and related issues. Mr. Harkness asked for Council support to consider changes, and Mayor Strickland asked Mr. Harkness to complete a blue card for staff follow-up. (02:12:58) Kathryn Goddard, a Huntington Beach resident since the 1980s, was called to speak and asked that Administrative Items #27, regarding streamlining and restructuring select citizen-led Boards, Commissions, and Committees and Council Committees, and Administrative Items #28, regarding proposed Charter Amendments for placement as ballot measures at the March 5, 2024 Statewide 57 City Council/PFA Regular Minutes August 1, 2023 Page 8 of 30 Primary Election, specifically Section 702 (Local Control Over Elections) be withdrawn to allow time for proper transparency and public input. (02:14:26) Amory Hanson was called to speak and stated his support for Consent Calendar Item #12 regarding a memorial plaque honoring Past Mayor Donald MacAllister as recommended by the Community & Library Services Commission. (02:16:35) Unnamed Guest was called to speak and stated her opposition to Administrative Items #27, regarding streamlining and restructuring select citizen-led Boards, Commissions, and Committees and Council Committees, specifically Recommendation #4 dissolving the Huntington Beach Mobile Home Advisory Board (HBMAB). (02:17:54) Ken Inouye, a 52-year resident of Huntington Beach, was called to speak and stated his opposition to Administrative Items #27, regarding streamlining and restructuring select citizen-led Boards, Commissions, and Committees and Council Committees, specifically Recommendations #2 regarding dissolving the Huntington Beach Human Relations Committee (HBHRC), and #4 dissolving the Huntington Beach Mobile Home Advisory Board (HBMAB). (02:21:11) Kathy McGuire, a 32-year Huntington Beach resident, was called to speak and stated her opposition to Administrative Items #27, regarding streamlining and restructuring select citizen-led Boards, Commissions, and Committees and Council Committees, specifically Recommendations #2 regarding dissolving the Huntington Beach Human Relations Committee (HBHRC), and #4 dissolving the Huntington Beach Mobile Home Advisory Board (HBMAB). (02:24:07) Russell Neal, a Huntington Beach resident, was called to speak and stated his support for Administrative Items #27, regarding streamlining and restructuring select citizen-led Boards, Commissions, and Committees and Council Committees, specifically Recommendation #2 regarding dissolving the Huntington Beach Human Relations Committee (HBHRC); Administrative Items #28, regarding proposed Charter Amendments for placement as ballot measures at the March 5, 2024 Statewide Primary Election, specifically Section 702 (Local Control Over Elections); and suggested that Councilmember Items #29 regarding amending the Declaration of Policy on Human Dignity, should be eliminated rather than amended. (02:26:16) Kane Durham was called to speak and stated opposition to Administrative Items #27, regarding streamlining and restructuring select citizen-led Boards, Commissions, and Committees and Council Committees, specifically Recommendations #2 regarding dissolving the Huntington Beach Human Relations Committee (HBHRC), and #4 dissolving the Huntington Beach Mobile Home Advisory Board (HBMAB); and Councilmember Items #29 amending the Declaration of Policy on Human Dignity. (02:29:12) Joanna Sousa was called to speak and stated her support for Administrative Items #27, regarding streamlining and restructuring select citizen-led Boards, Commissions, and Committees and Council Committees, specifically Recommendation #2 regarding dissolving the Huntington Beach Human Relations Committee (HBHRC). (02:31:18) Unnamed Guest, a resident of Fountain Valley, was called to speak and stated her opposition to Administrative Items #27, regarding streamlining and restructuring select citizen-led Boards, Commissions, and Committees and Council Committees, specifically Recommendations #2 regarding dissolving the Huntington Beach Human Relations Committee (HBHRC), and #5 regarding dissolving the Environmental and Sustainability Board; Administrative Items #28, regarding proposed Charter 58 City Council/PFA Regular Minutes August 1, 2023 Page 9 of 30 Amendments for placement as ballot measures at the March 5, 2024 Statewide Primary Election, specifically Section 702 (Local Control Over Elections); and Councilmember Items #29 regarding amending the Declaration of Policy on Human Dignity until such time as Councilmember Burns defines his goal for making changes. (02:33:00) B. Channel was called to speak and stated her opposition to Administrative Items #27, regarding streamlining and restructuring select citizen-led Boards, Commissions, and Committees and Council Committees, specifically Recommendations #2 regarding dissolving the Huntington Beach Human Relations Committee (HBHRC), and #4 regarding dissolving the Mobile Home Advisory Board; Administrative Items #28, regarding proposed Charter Amendments for placement as ballot measures at the March 5, 2024 Statewide Primary Election, specifically Section 702 (Local Control Over Elections); and Councilmember Items #29 regarding amending the Declaration of Policy on Human Dignity. (02:36:07) Nick McLachlan, resident of Huntington Beach Los Amigos Mobile Home Park, was called to speak and stated his opposition to Administrative Items #27, regarding streamlining and restructuring select citizen- led Boards, Commissions, and Committees and Council Committees, specifically Recommendation #4 regarding dissolving the Mobile Home Advisory Board; and Administrative Items #28, regarding proposed Charter Amendments for placement as ballot measures at the March 5, 2024 Statewide Primary Election, specifically Section 702 (Local Control Over Elections). (02:39:24) Marilyn Boehm, a 30-year Huntington Beach resident and Huntington Beach Human Relations Committee Former Member, was called to speak and stated her opposition to Councilmember Items #29 regarding amending the Declaration of Policy on Human Dignity. (02:42:37) Kathleen McGowan, Environmental and Sustainability Board Member, was called to speak and stated her opposition to Administrative Items #27, regarding streamlining and restructuring select citizen-led Boards, Commissions, and Committees and Council Committees, specifically Recommendation #5 regarding dissolving the Environmental and Sustainability Board. (02:46:02) Kim King, a 45-year resident of Huntington Beach, was called to speak and stated her opposition to Administrative Items #27, regarding streamlining and restructuring select citizen-led Boards, Commissions, and Committees and Council Committees, specifically Recommendations #2 regarding dissolving the Huntington Beach Human Relations Committee, and #4 dissolving the Huntington Beach Mobile Home Advisory Board (HBMAB); Administrative Items #28, regarding proposed Charter Amendments for placement as ballot measures at the March 5, 2024 Statewide Primary Election; and Councilmember Items #29 regarding amending the Declaration of Policy on Human Dignity. (02:48:57) Chris Waring, resident of Surf City Cottages Home Park, was called to speak and shared his concerns related to major lease increases in recent years. He asked for Councilmember assistance in addressing the issues mobile home park residents are facing. (02:52:06) Clare Bostick, a 46-year resident of Huntington Beach and retired public-school teacher, was called to speak and stated her opposition to Administrative Items #27, regarding streamlining and restructuring select citizen-led Boards, Commissions, and Committees and Council Committees, specifically Recommendation #2 regarding dissolving the Huntington Beach Human Relations Committee, and Councilmember Items #29 regarding amending the Declaration of Policy on Human Dignity. (02:55:19) John Bostick was called to speak and stated his opposition to Administrative Items #27, regarding streamlining and restructuring select citizen-led Boards, Commissions, and Committees and Council 59 City Council/PFA Regular Minutes August 1, 2023 Page 10 of 30 Committees, specifically Recommendation #2 regarding dissolving the Huntington Beach Human Relations Committee. (02:58:35) Carol Kanode, Huntington Beach Youth Shelter Founder, was called to speak and asked why there is not a museum to celebrate and remember Huntington Beach's legacy and offered to help and assist with such a project. (03:01:53) Justine Makoff, Free Rein Foundation Chief Financial Officer, was called to speak and invited everyone to attend the Foundation's fundraiser, Cattle Baron's Ball, on Saturday, August 12, 5:30 PM – 9:30 PM, Huntington Central Park Equestrian Center, Red Horse Barn. All details are available at www.freereignfoundation.org. (03:03:34) Chris Byrnes, a 55-year Huntington Beach resident, was called to speak and shared his support for the four newly elected Councilmembers, City Attorney Michael Gates, and his perspective and opinions on a wide range of local politicians and issues. (03:05:22) Dom Jones, a 9-year Huntington Beach resident, Ordained Minister and 47th District Congressional Candidate in 2024, was called to speak and shared her opinions and perspectives directed to Councilmembers encouraging them to use their power to do great things, with love, as they address the pains and fears of their constituents. (03:08:39) Roger Noor was called to speak and thanked Mayor Strickland for following through to address his situation related to his car being towed and praised City Clerk Robin Estanislau and her staff for the cordial services he experienced. (03:11:16) COUNCIL COMMITTEE APPOINTMENT ANNOUNCEMENTS 3. 23-664 Appointed Voting Delegate and Alternates for the League of California Cities Annual Conference and Expo - September 20-22, 2023 A motion was made by Strickland, second McKeon to appoint City Council Member Mayor Pro Tem Van Der Mark to serve as the voting delegate and City Council Member Burns as an alternate, to represent the City of Huntington Beach at the 2023 League of California Cities Annual Conference & Expo. The General Assembly will be held on Friday, September 22, 2023. The motion carried by the following vote: AYES: Kalmick, Van Der Mark, Strickland, McKeon, and Burns NOES: None ABSTAIN: Moser, and Bolton AB 1234 REPORTING — None OPENNESS IN NEGOTIATION DISCLOSURES — Councilmember McKeon reported meeting with representatives from the Firefighters’ Association. CITY MANAGER’S REPORT 4. 23-610 OneHB Public Service Excellence Vision 60 City Council/PFA Regular Minutes August 1, 2023 Page 11 of 30 Al Zelinka, City Manager, Chris Tanio, Public Works Principal Civil Engineer, and Fire Department Division Chief Martin Ortiz, presented a PowerPoint communication titled OneHB Service Vision Statement with slides entitled: HB Service Excellence Initiative (2); 3 Pillars of Service Excellence; Service Excellence Vision Development Process (2); Service Vision Statement; Standard of Care; Service Vision (2); Next Steps; and Service Vision. Councilmember Moser thanked staff for the presentation and discussed with City Manager Zelinka how performance will be measured and managed, the frequency of reporting, as well as integrating existing tools into the processes. CITY TREASURER’S REPORT 5. 23-578 Received and Filed the City Treasurer’s June 2023 Quarterly Report Alisa Backstrom, City Treasurer, presented a PowerPoint communication titled Quarterly Treasurer's Report Quarter Ended: June 30, 2023, with slides entitled: Economic Update; Interest Rates - US Treasury Yield Curve July 1, 2022 - June 30, 2023; Investment Portfolio - Summary, Quarter End 06/30/23; Investment Portfolio - Investments by Type Quarter End 06/30/23; Investment Portfolio - Selected Activity Quarter End 06/30/23; Investment Portfolio - Earnings; Selected Investment Policy Compliance Requirements Quarter End 6/30/23; and Summary. A motion was made by Strickland, second Kalmick to receive and file the City Treasurer's Quarterly Report for June 2023, pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach. The motion carried by the following vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None CITY ATTORNEY’S REPORT NOTE: The Minutes maintain original Agenda order, rather than actual discussion order. 6. 23-612 In response to Dec 20, 2022, City Council direction, received report on history of authorized actions in the Moore v. City, Gates lawsuit and report on review of RWG involvement Michael Gates, City Attorney, presented a PowerPoint communication titled Response to H Item Part 1 with slides entitled: Richards Watson Gershon Report (44, including subtitles: December 20, 2022 H Item by Council Member McKeon, City of Huntington Beach Organization Chart, Moore, Field v. City, Gates Lawsuit, Independent Investigation, Review of Records revealed the following Preliminary Findings, which will be reviewed further) and, Thank You. City Attorney Gates verbally described a timeline of activities associated with the Moore, Field v. City, Gates Lawsuit, and RWG’s involvement. Councilmember McKeon and Mayor Strickland both shared deep concerns about the information presented in the report regarding the actions of certain City employees and Councilmembers total disregard for attorney-client privilege. City Attorney Gates confirmed there will be another report at a future date on additional details related to this lawsuit. 61 City Council/PFA Regular Minutes August 1, 2023 Page 12 of 30 7. 23-671 Received Update on Pacific Airshow v. City of Huntington Beach lawsuit City Attorney Gates reported that pursuant to the May 9, 2023, settlement, the City of Huntington Beach has been dismissed; however, former Mayor Carr remains a Defendant. He stated the first amendment complaint highlights the allegations that Defendants were sued because of how the Airshow was cancelled. He explained how the newly elected Council in December 2022 authorized him to take any and all legal action necessary to pursue those oil companies who caused/were involved in, the oil spill, and how he immediately retained a Plaintiff firm, The Robinson Law Firm, experienced in large, complex cases. He also explained that a delay in the legal process was created because the previous City Council declined to take legal action against the oil companies that caused the oil spill. City Attorney Gates reported on the recent defeat of Connie Boardman and Mark Bixby’s legal attempt to put a complete stop to the Airshow settlement, clearing the way for the 2023 Pacific Airshow to take place. He also described Council’s decision to settle the lawsuit prior to the calendar hearing (a demur, or a challenge by a Defendant to a complaint), involving pleading to a judge that the facts alleged are insufficient to support the causes of action. City Attorney Gates reported that the Gina Clayton-Tarvin lawsuit to compel the disclosure of the entire Settlement Agreement is still pending, explaining the decision to not disclose the entire Settlement Agreement document was pursuant to State law regarding pending litigation. In addition, The Robinson Law Firm attorneys, representing the oil company’s lawsuit, have also opposed the release or disclosure of the entire Settlement Agreement document because of the potential impact on the success of the pending oil company’s lawsuit. City Attorney Gates stated he has asked the attorneys to ask the court for an expedited in-camera review of the Settlement Agreement to make a swift and early determination one way or the other on that decision. Councilmember McKeon directed residents to the OneHB website, under the Media/Press Releases tab, where the 2022 Airshow Economic Impact Report is available for review, highlighting some of the statistics shown in this report. Mayor Strickland noted that the Economic Impact Report shows that 91% of the out-of-Orange County- guests to the Airshow, return to Huntington Beach for another event. City Attorney Gates also announced that he and Mayor Strickland will provide more updates on the Airshow at the upcoming August 30 Town Hall meeting at the Senior Center in Central Park at 5:30 PM. CONSENT CALENDAR Councilmember Kalmick recused himself from voting on Item #15 because of financial conflict of interest in that Dianne Thompson is his Insurance Agent, and Councilmember McKeon pulled Item #21 for further discussion. CITY CLERK 8. 23-652 Approved and Adopted Minutes as Amended by Supplemental Communication A motion was made by Strickland, second Kalmick to approve and adopt the City Council/Public Financing Authority special meeting minutes of June 8, 2023; and, approve and adopt the City 62 City Council/PFA Regular Minutes August 1, 2023 Page 13 of 30 Council/Public Financing Authority regular, and Housing Authority special meeting minutes of July 18, 2023, as amended by supplemental communication. The motion as amended carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None 9. 23-663 Received July Update of Activities for Citizen Boards, Commissions, Committees (BCCs) and Regional Agencies A motion was made by Strickland, second Kalmick to receive and file. The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None COMMUNITY DEVELOPMENT 10. 23-630 Adopted Resolution 2023-35 Confirming Cost Report for Weed Abatement on Private Parcels within the City for the 2023 Season A motion was made by Strickland, second Kalmick to adopt Resolution 2023-35 "A Resolution of the City Council of the City of Huntington Beach Confirming the Report of the Public Works Director Regarding the Cost for Weed Abatement on Private Property Within the City for the 2023 Season;" and, direct that all charges listed thereon be certified to the Orange County 2023/24 Property Tax Roll. The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None COMMUNITY AND LIBRARY SERVICES 11. 23-631 Approved the Non-Exclusive License Agreement between the City of Huntington Beach and Children’s Bureau of Southern California for the Operation of the Oak View Center A motion was made by Strickland, second Kalmick to approve and authorize the Mayor and the City Clerk to execute the non-exclusive license agreement between the City of Huntington Beach and Children's Bureau of Southern California for the continued operation of the Oak View Center. The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None 63 City Council/PFA Regular Minutes August 1, 2023 Page 14 of 30 12. 23-642 Approved the design concept and placement of a memorial plaque honoring Donald MacAllister, Past Mayor, on Tower Zero of the Huntington Beach Municipal Pier as recommended by the Community & Library Services Commission A motion was made by Strickland, second Kalmick to approve the design concept and placement of a memorial plaque honoring Donald "Don" Andrews MacAllister at Tower Zero on the Huntington Beach Municipal Pier as recommended by the Community & Library Services Commission. The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None FIRE DEPARTMENT 13. 23-599 Approved and authorized execution of Amendment No. 2 to agreement between the City of Huntington Beach and Wittman Enterprises, LLC for additional compensation not to exceed $320,000 to provide billing services for emergency paramedic and ambulance services A motion was made by Strickland, second Kalmick to approve and authorize the Mayor and City Clerk to execute "Amendment No. 2 to Agreement between the City of Huntington Beach and Wittman Enterprises, LLC for Billing Services for Emergency Paramedic and Ambulance Services" for additional compensation not to exceed $320,000. The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None 14. 23-657 Approved and accepted the Fiscal Year (FY) 2022 Assistance to Firefighters Grant; authorized the Fire Chief and Chief Financial Officer to execute documents; and approved budget appropriations A motion was made by Strickland, second Kalmick to approve and accept the FY 2022 Assistance to Firefighters Grant awarded to the City of Huntington Beach; and assign authority to the Fire Chief and Chief Financial Officer as the officials to execute and sign for the FY 2022 Assistance to Firefighters Grant award, agreement, amendments, and extensions; and approve the budget appropriations and expenditures of $144,290.90, which is the federal award amount. The remaining $14,429.10 non-federal matching requirement will be funded by existing budget appropriations in the FY 2023/24 Fire Department operating budget. The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None HUMAN RESOURCES 64 City Council/PFA Regular Minutes August 1, 2023 Page 15 of 30 15. 23-639 Approved the reappointment of Dianne Thompson and appointment of Charles Barsam, Justin Betance and Ron Pasqual to the Personnel Commission, as recommended by Council Liaisons, Mayor Pro Tem Van Der Mark and Councilmember Burns A motion was made by Strickland, second McKeon to approve the reappointment of Dianne Thompson, and the appointment of Charles Barsam, Justin Betance and Ron Pasqual to the Personnel Commission for the term of July 1, 2023 through June 30, 2025, as recommended by the Council Liaisons to the Personnel Commission. The motion carried by the following roll call vote: AYES: Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None RECUSED: Kalmick (out of room) 16. 23-660 Approved Professional Services Contract between the City of Huntington Beach and INTERCARE for Workers’ Compensation Third Party Administration of Claims A motion was made by Strickland, second Kalmick to approve the Professional Services Contract between the City of Huntington Beach and INTERCARE for Workers' Compensation Third Party Administration of Claims for a three-year term. The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None 17. 23-501 Adopted Resolution No. 2023-36 of the City Council of the City of Huntington Beach approving the Side Letter to the Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Fire Management Association for the term July 1, 2021 through December 31, 2023 A motion was made by Strickland, second Kalmick to adopt Resolution No. 2023-36, "A Resolution of the City Council of the City of Huntington Beach Approving the Side Letter to the Memorandum of Understanding Between the City of Huntington Beach and the Huntington Beach Fire Management Association for the Term July 1, 2021 through December 31, 2023" authorizing the Side Letter between the City of Huntington Beach and the Huntington Beach Fire Management Association for the term beginning July 1, 2021 through December 31, 2023. The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None 18. 23-656 **ITEM 18 WITHDRAWN FROM CITY COUNCIL CONSIDERATION by City Attorney Michael Gates** Pursuant to the Non-Associated (NA) Resolution, approve Pay Step for new hire, Chief Assistant City Attorney, Randy J. Risner, and authorize the City Attorney to enter into such an employment contract 65 City Council/PFA Regular Minutes August 1, 2023 Page 16 of 30 POLICE DEPARTMENT 19. 23-647 Authorized use of Supplemental Law Enforcement Services Fund (SLESF) monies to fund up to $500,000 in increased costs for the purchase of the City’s third police helicopter A motion was made by Strickland, second Kalmick to authorize the use of up to $500K in SLESF funds to cover the outlined expenses; and appropriate up to $500K from the SLESF fund balance to account 98470101. The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None 20. 23-648 Approved three-year agreement with Waymakers for Gang Prevention and Intervention Program services A motion was made by Strickland, second Kalmick to approve and authorize the Mayor and City Clerk to execute a "Professional Services Contract between the City of Huntington Beach and Waymakers for the Management of Gang Prevention and Intervention Program." The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None 21. 23-629 Approved and authorized execution of a one-year agreement with the Riverside County Sheriff’s Department to participate in Operation Stone Garden Councilmember McKeon pulled this item to provide Police Captain Svendsbo an opportunity to describe this important program. Captain Svendsbo stated that Operation Stone Garden provides funding for investments in enhanced cooperation and coordination among United States Border Patrol, and state and federal law enforcement agencies in securing the United States border for ingress along international borders to ensure resident and officer safety. A motion was made by McKeon, second Strickland to approve and authorize Police Chief Eric G. Parra to execute the "Agreement for Fiscal Year 2022 Operation Stone Garden (OPSG);" and, appropriate $369,000 in grant funding for Operation Stone Garden. The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None 22. 23-498 Approved and authorized the execution of contract amendments with Norman A. Traub & Associates, LLC and Beard Investigative Services, LLC for background investigative services, increasing compensation by $75,000 per contract and extending the terms through June 30, 2024 66 City Council/PFA Regular Minutes August 1, 2023 Page 17 of 30 A motion was made by Strickland, second Kalmick to approve and authorize the Mayor and City Clerk to execute "Amendment No. 3 to Agreement between the City of Huntington Beach and Norman A. Traub and Associates LLC for Background Services" (Attachment 1); and, approve and authorize the Mayor and City Clerk to execute "Amendment No. 2 to Agreement between the City of Huntington Beach and Beard Investigative Services LLC for Background Investigative Services" (Attachment 2). The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None PUBLIC WORKS 23. 23-644 Accepted the lowest responsive and responsible bid and authorized the execution of a construction contract with Excel Paving Inc. for $418,250 for the Flow Line Half Round Drainage Inlet Structures Project, CC1733 A motion was made by Strickland, second Kalmick to accept the lowest responsive and responsible bid submitted by Excel Paving Inc. in the amount of $418,250; authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City attorney; and approve the appropriation of $180,988 from the Drainage Fund (211) to account 21188007.82500. The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None 24. 23-621 Awarded and authorized the execution of a construction contract with Mehta Mechanical Company, Inc., in the amount of $4,134,200 for the Humboldt Sewer Lift Station Replacement Project, CC-1634 A motion was made by Strickland, second Kalmick to accept the lowest responsive and responsible bid submitted by Mehta Mechanical Company, Inc., in the amount of $4,134,200; and, appropriate $887,502 from the undesignated Sewer Service fund balance to 51189017.82600; and, authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None 25. 23-608 Accepted the lowest responsive and responsible bid and authorized execution of a construction contract with Sancon Technologies, Inc. in the amount of $1,318,770 for the Fiscal Year 22/23 Sewer Lining Project, CC-1728 A motion was made by Strickland, second Kalmick to accept the lowest responsive and responsible bid submitted by Sancon Technologies, Inc. in the amount of $1,318,770.00; and authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. The motion carried by the following roll call vote: 67 City Council/PFA Regular Minutes August 1, 2023 Page 18 of 30 AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None 26. 23-565 Approved Sole Source Procurement Request with Cascade Pump Company for the servicing or replacement of mixed or axial flow pumps used at all 15 flood control stations A motion was made by Strickland, second Kalmick to approve the sole source procurement request with Cascade Pump Company to service the City's existing Cascade pumps at its flood control stations. The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None ADMINISTRATIVE ITEMS 27. 23-641 Approved recommendations to streamline and restructure a select number of citizen-led Boards, Commissions, and Committees and Council Committees Travis Hopkins, Assistant City Manager, presented a PowerPoint communication titled Board, Commission, & Committee (BCC) Reconfiguration with slides entitled: Background (2); Current BCC Structure by Number; Current BCC Structure by Type; Proposed Committee Recommendations by Category; Committee Recommendation 1; Committee Recommendation 2; Committee Recommendation 3; Committee Recommendation 4; Committee Recommendation 5; Committee Recommendation 6; Committee Recommendation 7; Committee Recommendation 8; Committee Recommendation 9; and Recommended Actions. Mayor Strickland made a motion to approve the recommended actions, as presented. Councilmember Moser asked if each Recommendation could be considered separately, and Mayor Strickland withdrew his motion. Councilmember Kalmick clarified with Mayor Strickland that the goal of these recommendations is to have staff presentations to the full City Council for full Council discussion and deliberation. Councilmember Moser and members of the Ad Hoc Committee discussed whether the Huntington Beach Human Relations Committee is providing redundant services. Councilmember Moser shared her personal involvement as a member of the Human Relations Committee and stated she would not support dissolving this legacy Committee. Councilmember McKeon stated his opinion that boards and commissions should encourage civic engagement of the residents in municipal affairs, but many of the existing boards and commissions are focused on private sector issues. Further, staff time should be spent on core local government functions, and he believes the Huntington Beach Human Relations Committee duplicates the efforts of the Orange County Human Relations Commission. Councilmember Bolton expressed her frustration that the Ad Hoc Committee recommendations were made without much understanding of what these groups actually do, nor was there any attempt to 68 City Council/PFA Regular Minutes August 1, 2023 Page 19 of 30 discuss possible dissolution with any of the affected boards, commissions or committees during the consideration process. She stated how important it is to have community commitment and involvement, and the amount of money being saved is minimal in her opinion. Councilmember Bolton recommended discussing alternative solutions with the impacted groups before just arbitrarily dissolving them. Mayor Strickland stated that the citizens of Huntington Beach can always organize and meet, and noted that over three-quarters of Orange County cities are happy with the services provided by the Orange County Human Relations Commission in dealing with the same issues that Huntington Beach deals with. Councilmember Kalmick and Mayor Strickland discussed staff recommendations made during the budget process to reduce the number of meetings and number of staff hours for selected boards, commissions and committees to help reduce costs. Councilmember Kalmick stated these boards, commissions and committees do not make policy decisions, but provide the service of informing Councilmembers. Councilmember Kalmick noted other committees which he thinks could probably be dissolved rather than some being considered in this item. Mayor Strickland stated that this item is not an "end all be all" effort, and suggested that Councilmember Kalmick bring his recommendations forward for Council consideration at a future meeting. Councilmember Bolton shared her opinion it is a shame to dissolve a commission with such great technical expertise, and thanked the Jet Noise Commission for the Southwest Airlines agreement to fly at a higher path when they can into Long Beach Airport. Councilmember McKeon stated his personal commitment to the Jet Noise volunteers to continue as a working group. Councilmember Kalmick, speaking as a former Jet Noise Commission Council Liaison, suggested recommending this Commission meet "as needed" rather than dissolving it. Councilmember Burns stated his appreciation for everyone who has served on any of the boards, commissions and committees. He also explained the Ad Hoc Committee determined that Huntington Beach doesn't have any regulatory power regarding mobile home parks and therefore recommend dissolving the Mobile Home Advisory Board. Councilmember Kalmick suggested modifying this Board into an "Attainable Housing Board" to provide advice and recommendations on providing and maintaining attainable housing as a whole within the community. Mayor Strickland responded there is nothing prohibiting mobile home residents from forming their own non-profit or lobbying groups. Councilmember McKeon stated this is the perfect example of an issue that should be handled in the private sector, and in his opinion the government should not interject itself into disputes between tenants and landlords. He noted that Huntington Beach does provide a Tenant Rental Assistance Program. Councilmember Kalmick noted the Smart Cities and Technology Council Committee doesn't meet until there is a Council item that would require the expertise of those Committee members, and respectfully shared his opinion that the Environmental and Sustainability Board expertise may not exist within the Public Works Commission. 69 City Council/PFA Regular Minutes August 1, 2023 Page 20 of 30 Mayor Strickland reiterated that all of these recommendations were vetted through staff discussions and recommendations. Assistant City Manager Travis Hopkins and City Manager Al Zelinka confirmed their support for Recommendation #5 regarding dissolving the Environmental and Sustainability Board and transferring those duties to the Public Works Commission. Councilmember Moser shared her opinion it will be a major loss for a coastal city to dissolve the Environmental and Sustainability Board in the middle of developing the Sustainability Masterplan. Mayor Strickland noted that a "committee" is not necessary for community members to bring their expertise and advice to Councilmembers, and noted nothing in these Recommendations prevents Councilmembers from setting up Advisory Boards as needed. Councilmember McKeon stated his support for making decisions on a major topic like options related to more local management of Pacific Coast Highway development through the Downtown/Main Street area, require a Study Session to ensure community involvement. Councilmember Moser stated her support for this suggestion. Councilmember Kalmick noted that ad-hoc committees are not required to meet behind closed doors and asked that this committee meet only as needed. Mayor Strickland and Assistant City Manager Travis Hopkins explained Recommendation #7 is focused on creating a Youth Committee that is not restricted by Brown Act meeting regulations, and expanding the committee to include involvement with the new Youth Citizens Academy. Councilmember Moser, speaking as a Former Huntington Beach Youth Board Council Liaison, stated her support for this change, and suggested the importance of also educating them on the Brown Act. She stated her support for continuing the Youth in Government Day event, and allowing the Youth Citizen Leaders Committee members the opportunity to determine some of the government functions they want to learn more about. Councilmember Burns stressed the importance of Council Liaisons being available to address Youth Committee member questions, and Councilmember Moser stated the Council Liaisons should make the commitment to attend meetings and be involved from the start to the end of the meetings. Mayor Pro Tem Van Der Mark clarified that she has a passion for youth and desires to see them more involved in local government, and noted Recommendation #7 will expand, rather than limit, youth opportunities. Mayor Pro Tem Van Der Mark explained that during her campaign a number of young people she had dialogue with didn't know why the 4th of July is celebrated, and she believes that Recommendation #8 is a start to clarifying the real purpose behind the celebration. Mayor Strickland commended every person involved in the 2023 event, especially the public safety staff, for a very successful celebration. 70 City Council/PFA Regular Minutes August 1, 2023 Page 21 of 30 Councilmember Kalmick made a point of order comment that addressing the RFP process is not appropriate in this action item, and Mayor Strickland stated he understood reference to the RFP as basically informational for staff. City Attorney Gates confirmed that reference to the RFP should be removed from this item. Mayor Strickland explained City Council representation at the table is important when priorities are determined for large-scale events in Huntington Beach. Councilmember Kalmick, Mayor Strickland and Assistant City Manager Travis Hopkins clarified that the Special Events Executive Committee should focus on "policy" and provide staff with some guidelines when large events are being considered as Councilmembers supported during Strategic Planning . Mayor Strickland confirmed that as a "standing" Council Committee, meetings would be noticed and open to the public and would function under Brown Act policies. A motion was made by Strickland, second Burns to approve Committee Recommendation #1 — Dissolve Short-Term Rentals Ad-hoc Council Committee, Housing/RHNA Ad-hoc Council Committee, and Cannabis Regulation and Policy Ad-hoc Council Committee. The motion carried by the following minute action: AYES: Van Der Mark, Strickland, McKeon, and Burns NOES: Kalmick, Moser, and Bolton At 10:59 PM, a motion was made by Strickland, second by Burns, to continue the meeting past the hour of 11:00 PM. The motion was approved 7 – 0. A motion was made by Strickland, second Van Der Mark to approve Committee Recommendation #2 — Dissolve Huntington Beach Human Relations Committee (HBHRC). A substitute motion was made by Moser, second Kalmick to Retain the Human Relations Committee. The substitute motion failed by the following minute action: AYES: Kalmick, Moser, and Bolton NOES: Van Der Mark, Strickland, McKeon, and Burns Mayor Strickland’s motion seconded by Van Der Mark to approve Committee Recommendation #2 — Dissolve Huntington Beach Human Relations Committee (HBHRC) carried by the following minute action: AYES: Van Der Mark, Strickland, McKeon, and Burns NOES: Kalmick, Moser, and Bolton A motion was made by Strickland, second Burns to approve Committee Recommendation #3 — Dissolve the Jet Noise Commission. The motion carried by the following minute action: AYES: Van Der Mark, Strickland, McKeon, and Burns 71 City Council/PFA Regular Minutes August 1, 2023 Page 22 of 30 NOES: Kalmick, Moser, and Bolton A motion was made by Strickland, second Van Der Mark to approve Committee Recommendation #4 — Dissolve the Mobile Home Advisory Board. The motion carried by the following minute action: AYES: Van Der Mark, Strickland, McKeon, and Burns NOES: Kalmick, Moser, and Bolton A motion was made by Strickland, second Burns to approve Committee Recommendation #5 — Dissolve the Smart Cities and Technology Council Committee (standing committee) and the Environmental and Sustainability Board and transfer their duties to the Citizen Infrastructure Advisory Board/Public Works Commission (CIAB/PWC). The motion carried by the following minute action: AYES: Van Der Mark, Strickland, McKeon, and Burns NOES: Kalmick, Moser, and Bolton A motion was made by Strickland, second Burns to approve Committee Recommendation #6 — Rename the Urban Design Study Ad-Hoc Committee to "Downtown and Beach Front Ad-hoc Committee" to broaden their scope of work, as amended to meet on an "as needed" basis with required Public Notice. The motion carried by the following minute action: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None A motion was made by Strickland, second Burns to approve Committee Recommendation #7 — Restructure the Huntington Beach Youth Board as a Youth Citizen Leaders Committee, with specific, focused goals. The motion carried by the following minute action: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None A motion was made by Strickland, second Van Der Mark to approve Committee Recommendation #8 — Restructure the Fourth of July Executive Board to be named as the Independence Day Board with more defined roles, as amended to remove action to initiate a new RFP process. The motion carried by the following minute action: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None 72 City Council/PFA Regular Minutes August 1, 2023 Page 23 of 30 A motion was made by Strickland, second Burns to Committee Recommendation #9 — Restructure the Specific Events Executive Committee as a standing Council Committee to review Council's priorities for large-scale specific events. The motion carried by the following minute action: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None A motion was made by Burns, second Strickland to direct staff to work with the City Attorney's Office and develop the appropriate Resolution(s), Ordinance(s), and other documents necessary to implement City Council directed adjustments and bring them back to the City Council; and direct staff to plan an appropriate event to recognize and thank citizen appointees who will be retiring due to this restructuring effort for their contribution. The motion carried by the following minute action: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, and Burns NOES: Bolton 28. 23-670 Considered and approved individually, by straw vote action, the City Council Charter Review Ad Hoc Committee’s recommended Charter Amendments for placement as ballot measures at the March 5, 2024 Statewide Primary Election Travis Hopkins, Assistant City Manager, and Robin Estanislau, City Clerk, presented a PowerPoint communication titled Charter Review Ad Hoc Committee's Proposed Charter Amendments with slides entitled: Recommended Charter Amendment Timeline; Charter Review Ad Hoc Committee's Proposed Charter Amendments (5); and Recommended Actions. Mayor Strickland clarified for the record that the City Council Charter Review Ad Hoc Committee's Section 310 (Clerk Qualifications) recommendation only requires any four-year bachelor’s degree and only removes the verbiage he described as “subjective”. He confirmed that the other requirements listed for the successful candidate to complete within three years will still stand. City Attorney Gates noted that in the past the City Clerk educational requirement, as currently worded, has generated questions and required research which never resulted in clear, non-subjective interpretation. Mayor Strickland explained that some municipalities in Northern California have "Choice" voting for specific situations, and noted that Section 702 (Local Control Over Elections) is an effort to determine if it is feasible for Huntington Beach to set up more polling locations, get more people involved in the voting process, and require Voter ID for municipal elections. This recommendation is not intended to get rid of State or County Election Codes. City Attorney Michael Gates stated for the benefit of the public that currently Charter Section 702 specifically provides that "all elections shall be held in accordance with the provisions of the Election Code of the State of California," and confirmed with Mayor Strickland that the City Charter Review Ad Hoc Committee desires to have local control on the three items just referenced by Mayor Strickland. 73 City Council/PFA Regular Minutes August 1, 2023 Page 24 of 30 Councilmember Kalmick questioned a point of order in that Ad Hoc Committee recommendations include, “and anything else,” and City Attorney Gates opined straw vote actions will allow discussion, and all items will return at a future meeting where the public will have opportunity to comment. Councilmember Burns requested that the City Flag Ordinance provisions be incorporated into the City Charter, as amended to include the Olympic Flag. Councilmember McKeon read the full text for his July 18, 2023 “H” item: “An amendment to the City Charter that would restrict City Council from engaging in real property transactions that would require the City of Huntington Beach to forgo regularly collected property taxes on investment property, unless those purchases are approved by the voters of the City of Huntington Beach. Exceptions to this rule would/may include real property transactions that are important for acquisition of private property for infrastructure.” Councilmember Kalmick shared his understanding that Councilmember McKeon’s approved “H” item requested that the Ad Hoc Committee address possible pitfalls and recommend language, and questioned if the Committee still needs to meet on this item. City Attorney Gates noted that all proposed Charter amendments will be finessed during future Councilmember presentation discussions. Councilmember McKeon, speaking as a member of last year’s Charter Review Committee, stated the importance of clarifying Charter language relating to the City Attorney’s elected role to provide exclusive legal counsel for the City, acknowledges his authority to hire outside counsel, protects attorney-client privilege communications and work product, establishes internal investigation protocol, to ensure the situation City Attorney Gates described in his report earlier this evening (Agenda Item #6) never happens again. Mayor Strickland and City Attorney Gates discussed the illegality of accessing and sharing attorney-client privilege communications which recently happened, and noted the issue will be addressed by clarifying proper processes. Councilmember Kalmick stated, as a point of order, that Councilmember McKeon's item appears to substantially alter the rights or benefits of the City Attorney's role and may be illegal to put on a Primary ballot under SB 311. City Attorney Gates explained that the issue is initially presented tonight, and that Chief Assistant City Attorney Paul D'Alessandro will be handing these items for review and will advise how to proceed. Councilmember Bolton, Councilmember McKeon, City Attorney Gates and City Manager Zelinka discussed Councilmember McKeon's recommendation that for any issues related to the conduct of any City elected official or a staff member, a third-party public agency could be utilized as determined by the recommendation of the City Attorney. Discussion ensued on the proposed amendment to Section 612 (Measure C). Councilmember Moser recommended that Community and Library Services staff be asked to determine what the numbers should be regarding expansion of the existing footprint for playground facilities and equipment. She further expressed her interest in addressing the issue of building a new public restroom where one doesn't currently exist. Councilmember Moser also requested that staff provide some guidelines to define a "structure" as related to beaches and parks. 74 City Council/PFA Regular Minutes August 1, 2023 Page 25 of 30 City Attorney Gates stated the purpose of this item is to make it possible for the City to make beach and park improvements and/or alterations without having to always bring the item to a vote of the people per Measure C requirements. He noted that there is a difference between improving an existing structure vs building new. Mayor Strickland requested that the Council move forward with conducting straw vote action. Councilmember Kalmick asked if costs for Charter Amendments could be reduced by placing them on the November ballot rather than in March, and City Clerk Estanislau confirmed she will find out and report back. A motion was made by Strickland, second McKeon to approve Section 300 (Term Commencement): the term of the elected candidate is to commence at the first regular City Council Meeting following the City's certification of the election, rather than the "Monday" following. The motion carried by the following straw vote: AYES: Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: Kalmick A motion was made by Strickland, second Burns to approve Section 303 (Regular Meetings): the cancellation of a City Council Meeting may occur when there is a lack of a quorum or is cancelled by the Mayor or Majority of Council Members. The motion carried by the following straw vote: AYES: Van Der Mark, Strickland, McKeon, and Burns NOES: Kalmick, Moser, and Bolton A motion was made by Strickland, second McKeon to approve Section 612 (Measure C): Beaches and Parks: revise to provide more allowance to restroom and other existing facilities remodels, with no cost/price cap, only allowing expansion of the facility footprint up to 20% within a 10 year period; as amended to include new restroom facilities; Parks: revise children’s playground facilities and equipment, both for new installations and for replacement installations; and replacement installations of playground facilities and equipment would be limited to not expand the existing footprint of more than 100 20% within a 10 year period, or 100% in perpetuity, as amended. The motion carried by the following straw vote: AYES: Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: Kalmick Prior to a straw vote regarding Section 601/602 (Annual Budget), Councilmember Moser asked staff if there are any drawbacks to changing from an Annual Budget as recommended in Section 601/602 (Annual Budget). Sunny Han, Chief Financial Officer, stated her support for this change and noted there are significant advantages, and there would still be the need for mid-year adjustments. City Manager Zelinka stated he has experience with two-year budgets and noted there are many more upsides than drawbacks. 75 -- City Council/PFA Regular Minutes August 1, 2023 Page 26 of 30 A motion was made by Strickland, second McKeon to approve Section 601/602 (Annual Budget): revise to submission of two-year budgets in even or odd years, as amended. Councilmember Kalmick asked, and staff acknowledged that an appropriate timeline for making this change will be provided. The motion carried by the following straw vote: AYES: Moser, Van Der Mark, Strickland, McKeon, and Burns NOES: Kalmick, and Bolton A motion was made by Strickland, second Burns to approve Section 300 (Clerk and Treasurer Election Cycle) to change election cycle to Gubernatorial for Treasurer and Clerk positions. Councilmember Kalmick questioned the need for this amendment, and explained that the current voting cycle for elected officials was determined as the best way to prevent the potential for having four new City Council members at the same time as a new City Clerk and Treasurer. He also questioned how this change could be implemented without having the current City Clerk and Treasurer actually serve 6-year, rather than 4-year terms. Mayor Strickland stated these details would be addressed by staff in the process of returning these items for final Councilmember votes. The motion carried by the following straw vote: AYES: Van Der Mark, Strickland, McKeon, and Burns NOES: Kalmick, Moser, and Bolton Mayor Strickland clarified again that the only purpose of Section 310 (City Clerk) recommendation is to remove the subjective text, ". . .in business, public administration, or a related field,". Councilmember Bolton asked if there has ever been a dispute regarding this issue, and City Clerk Estanislau stated to the best of her knowledge not related to the City Clerk position, however, attorney advice was previously required for the City Treasurer position to determine if a potential candidate was qualified. City Attorney Gates stated there have been potential candidate inquiries in the past brought to his office and noted in doing historical research they could not find a “bachelor’s in business” degree, but rather a Bachelor of Science in Business Administration, or Business Management seems to be the correct nomenclature. A motion was made by Strickland, second Burns to approve Section 310 (Clerk Qualifications) “To become and remain eligible for City Clerk, the person elected or appointed shall have a Bachelor’s Degree in business, public administration, or a related field, and hold a certification as a Municipal Clerk or obtain such certification within the first three years in office.“ or modify so that Clerk position requires any four-year Bachelor’s Degree for clarifying candidates Councilmember Moser questioned qualifying a candidate whose degree in no way relates to the profession and does not offer the appropriate skills or knowledge to responsibility fill the position. Councilmember Kalmick suggested that the Certified Municipal Clerk (CMC) certification also be required of a qualified candidate, rather than allowing three years to acquire the certification. 76 City Council/PFA Regular Minutes August 1, 2023 Page 27 of 30 In response to Councilmember Moser's inquiry, City Clerk Estanislau described the International Institute of Municipal Clerk’s Association (IIMC) “points” system to earn the CMC designation, and why a three- year timeframe may be needed to attend the Technical Track for Clerks (TTC) program that offers classes to earn points for those with little or no education, or prior municipal experience. The motion carried by the following straw vote: AYES: Van Der Mark, Strickland, McKeon, and Burns NOES: Kalmick, Moser, and Bolton Mayor Strickland clarified the goal for approval of Section 702 (Local Control over Elections) is not to remove the State or County Election Codes or services, but rather to determine if, for municipal elections, Huntington Beach can expand the number of polling locations, require voter ID, and monitor ballot drop boxes. A motion was made by Strickland, second Burns to approve Section 702 (Local Control over Elections) remove exclusive reliance on State Elections Code for all aspects of elections; add that for Municipal Elections, the City will maintain local control over voter ID provisions for resident verification; require/provide at least 12 polling locations/facilities throughout the City for in-person voting; and provide that the city will require/provide for monitoring of ballot drop boxes. Mayor Strickland and Councilmembers Bolton, Kalmick and McKeon discussed what "monitoring ballot drop boxes" means, voter fraud implications for Orange County, and why requiring voter ID is being proposed. Councilmember McKeon asked that staff return this item to include "Voter ID" definition and review the changes that the state of Georgia made that resulted in increased voter turnout. City Clerk Estanislau explained that every Orange County voter receives a mail-in ballot, that use of County vote centers is not restricted to the residents of the city the vote center is located in, and that the Voters' Rights Act determines the number of voting locations based on voter registration and population. City Attorney Gates stated that as a matter of law, from initial research, it appears the three options being considered for this item are possible. Councilmember Moser requested that if these suggestions related to voting are possible, when the items return, costs to implement the discussed options. The motion carried by the following straw vote: AYES: Van Der Mark, Strickland, McKeon, and Burns NOES: Kalmick, Moser, and Bolton A motion was made by McKeon, second Burns to approve adding the City’s Flag Ordinance into the City’s Charter, as amended to also include the Olympic flag. The motion carried by the following straw vote: AYES: Van Der Mark, Strickland, McKeon, and Burns NOES: Kalmick, Moser, and Bolton 77 City Council/PFA Regular Minutes August 1, 2023 Page 28 of 30 A motion was made by McKeon, second Strickland to approve an amendment to the City Charter that would restrict City Councils from engaging in real property transactions that would require the City of Huntington Beach to forgo regularly collected property taxes on investment property, unless those purchases are approved by the voters of the City of Huntington Beach. Exceptions to this rule would/may include real property transactions that are important for acquisition of private property for infrastructure. Councilmember Moser stated her general opposition to taking action on all proposed Charter amendments without an open and transparent process that includes public participation/discussion. Mayor Strickland responded that none of these items can be enacted without voter approval, and noted that discussions, including public input on each item, will take place as the process moves forward. The motion carried by the following straw vote: AYES: Van Der Mark, Strickland, McKeon, and Burns NOES: Kalmick, Moser, and Bolton A motion was made by McKeon, second Strickland to approve incorporating language clarifying that the City Attorney is the exclusive legal counsel for the City; City Attorney Hiring Authority; Attorney-Client Privilege Communications and Work Product; and Internal Investigation Protocol The motion carried by the following straw vote: AYES: Van Der Mark, Strickland, McKeon, and Burns NOES: Kalmick, Moser, and Bolton A motion was made by McKeon, second Strickland to direct the City Attorney to review each proposed amendment and direct staff to prepare and return ballot measure language and all other materials required for submittal to the ROV for City Council consideration. The motion carried by the following straw vote: AYES: Van Der Mark, Strickland, McKeon, and Burns NOES: Kalmick, Moser, and Bolton COUNCILMEMBER ITEMS 29. 23-672 Approved Item Submitted by Councilmember Burns — Amending the Declaration of Policy on Human Dignity Councilmember Burns noted that on November 16, 2021, the Huntington Beach City Council voted that the Declaration of Policy on Human Dignity, originally implemented on May 6, 1996, be amended and renamed Declaration on Policy on Human Dignity. The November 16, 2021, amendment included significant revisions to the language of the 1996 Declaration. His intent is to ask Councilmembers to further amend the Declaration, or cancel it, through an Ad Hoc Committee of three members and present recommendations at the October 3, 2023 City Council Meeting. 78 City Council/PFA Regular Minutes August 1, 2023 Page 29 of 30 Councilmember Kalmick stated he cannot support the creation of another Ad Hoc Committee to meet behind closed doors, and shared his opinion there is no need to change anything within the Declaration of Policy on Human Dignity. Councilmember Moser stated her support for a document that shows the vision for the kind of community we want to have where everyone has dignity and feels safe. She stated this document is a testament to the City's commitment to uphold the dignity of the community. Councilmember Burns noted that the Declaration was dramatically amended in November 2021, and he is presenting an opportunity to re-evaluate whether the original Declaration should be reinstated, or possibly totally cancelled, and return to using the full Constitutional protection that everyone already has. Councilmember Moser noted that one of the November 2021 updates included Penal Code updates, and she asked that the Ad Hoc Committee members be announced at this meeting. Mayor Strickland appointed Mayor Pro Tem Van Der Mark, and Councilmembers McKeon and Burns to this Ad Hoc Committee. Councilmember Moser and Mayor Pro Tem Van Der Mark exchanged words regarding alleged past statements pertaining to the Holocaust and personal associations with the Proud Boys that should prevent Mayor Pro Tem Van Der Mark from serving on the Ad Hoc Committee. City Attorney Gates interrupted the discussion to note it is not appropriate in this meeting to interrogate anyone about their beliefs in this manner and discuss non-agendized topics. A motion was made by Strickland, second McKeon to recommend that the City Council amend the Declaration of Policy on Human Dignity through an Ad Hoc Committee of three City Council members (Van Der Mark, McKeon, Burns) appointed by the Mayor; and, the amendments to the Declaration of Policy on Human Dignity be presented at a future City Council Meeting on October 3, 2023 for approval of the newly amended Declaration of Policy on Human Dignity. The motion carried by the following roll call vote: AYES: Van Der Mark, Strickland, McKeon, and Burns NOES: Kalmick, Moser, and Bolton ADJOURNMENT — at 1:16 AM on Wednesday, August 2, 2023, a motion was made by McKeon, second by Van Der Mark, to adjourn to the next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority on Tuesday, September 5, 2023, in the Civic Center Council Chambers, 2000 Main Street, Huntington Beach, California. The Huntington Beach City Council/Public Financing Authority regular meeting of August 15, 2023 has been cancelled due to a lack of quorum. 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 79 City Council/PFA Regular Minutes August 1, 2023 Page 30 of 30 _______________________________________ City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach and Secretary of the Public Financing Authority of the City of Huntington Beach, California ATTEST: ______________________________________ City Clerk-Secretary ______________________________________ Mayor-Chair 80 Minutes City Council/Public Financing Authority City of Huntington Beach Special Meeting Thursday, September 21, 2023 6:00 PM — Council Chambers Civic Center, 2000 Main Street Huntington Beach, California 92648 A video recording of this meeting is on file in the Office of the City Clerk, and archived at www.surfcity-hb.org/government/agendas/ 6:00 PM - COUNCIL CHAMBERS CALLED TO ORDER A SPECIAL MEETING OF THE CITY COUNCIL/PUBLIC FINANCING AUTHORITY — 6:00 PM ROLL CALL Mayor Strickland announced that pursuant to Resolution No. 2001-54, Councilmember Burns request for absence was excused. City Attorney Michael Gates requested and was granted permission to be absent pursuant to City Charter Section 309 (d), and Acting Chief Assistant City Attorney Paul D’Alessandro attended the meeting in his place. Present: Kalmick, Moser, Van Der Mark, Strickland, McKeon, and Bolton Absent: Burns Councilmember Bolton stepped away from the meeting from 6:32 PM – 7:15 PM for Back-to-School Night. PLEDGE OF ALLEGIANCE — Led by Assistant City Manager Travis Hopkins INVOCATION 1. 23-809 Huntington Beach Police Chaplain Bob Ewing 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. ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced supplemental communications that were received by her office following distribution of the Council Agenda packet, which were all uploaded to the City's website and Councilmember iPads. 81 Council/PFA Special Meeting Minutes September 21, 2023 Page 2 of 16 Administrative Item #3 (46 email communications) ADMINISTRATIVE ITEM 2. 23-808 Presentation of potential Charter amendments proposed by Charter Ad Hoc Committee Members Strickland, Van Der Mark and Burns Mayor Strickland and Mayor Pro Tem Van Der Mark verbally described the Ad Hoc Committee process, timeline and proposed Charter amendments. ELECTIONS (Sections 702, 705-new): Voter ID: This item is meant to align with the County's current voting process by asking in-person voters to produce an ID when they state their name and address to verify they are on the voter roll. The committee suggests this as an enhancement to the Orange County Registrar of Voters (OCROV) current practices. To date, the OCROV has yet to take a position on this proposal, and staff estimates it could cost $1.1M to independently implement the complete election process should the OCROV fail to support it. Additionally, managing the complete election process is not the goal of the Ad Hoc Committee. Additional Polling Locations: The Committee's recommendation of adding 20 new residential voting locations is intended to increase in-person voting opportunities. An inquiry to the OCROV on this proposal has been met without a response or objections. Drop Box Monitoring: This item is suggested to build confidence in the drop box process as the OCROV does not currently monitor drop boxes. In light of experiences and concerns from past elections, the Committee suggests monitoring either by camera or another technology that resources allow. This recommendation is not intended to replace or discourage mail-in voting, nor does the Committee expect the City to take on conducting elections, but rather the Committee's objective is to support faith and trust in the voting process and the results. CITY ATTORNEY (Sections 304, 309): The Ad Hoc Committee's recommendations related to the City Attorney position do not give this position any new powers, but merely clarify the position’s responsibilities to fairly represent the City in all legal matters and strike the vague language in Section 304 which is currently inconsistent with State law regarding attorney/client relationships, and City Council responsibilities. The proposed changes to Section 309 make it clear the City Attorney is the protector of the City Attorney/client and attorney work product material, unless there is a City Council vote to disclose such material, which is consistent with State law. The final proposed change for the City Attorney position provides a guardrail to protect the City Attorney’s compensation and department budget from political interference and prevent a repeat of past actions by previous City Councils that negatively impacted the functions of elected City Attorney (and City Treasurer, for that matter). The Ad Hoc Committee believes that such guardrails will protect the elected City Clerk, City Treasurer and City Attorney departments from possible City Council defunding. CITY CLERK QUALIFICATIONS (Section 310): Proposed changes to Section 310, relating to the City Clerk qualifications, are intended to increase community participation for this position, and to use accurate degree titles. No other California charter city requires a four-year degree to run for City Clerk, 82 Council/PFA Special Meeting Minutes September 21, 2023 Page 3 of 16 and the purpose of the proposed changes is to remove ambiguous language which is open to subjective interpretation. INVESTIGATIONS OF MALFEASANCE (Section 314-new): This proposed Charter item seeks to clarify that for elected officials, whether City Council, City Attorney, City Clerk or City Treasurer, it is not appropriate for other elected officials or City staff to instigate outside investigations, nor should their email or other materials be searched or read by City staff. Investigations should be done by outside independent agencies to ensure there is no conflict of interest and to remove the potential for wrong- doing. FLAGS (Section 806-new): The intent of this amendment is to provide Charter authority for the City's current flag flying policy and to allow exceptions for Olympic flags or any other flag the City Council may approve through unanimous consent. BIENNIAL BUDGET (Sections 401, 601, 602, 603, 604, 605). The intent of recommending a two-year budget is to make it easier for staff, and build in more predictability and planning for future expenses and opportunities to identify revenue streams. This item is supported by Chief Financial Officer Sunny Han. CLERK AND TREASURER ELECTION CYCLE (Section 300): Proposed to simply align the elections of these positions with the gubernatorial cycle. PROPERTY TAX REAL ESTATE TRANSACTIONS (Section 618-new): Proposed by Councilmember McKeon in July 2023, the item addresses concerns that the City had engaged in real estate transactions which resulted in taxpayers forgoing approximately $500,000 in property tax revenue per year. The Ad Hoc Committee recommends the voters should decide whether or not transactions should be entered into by the City that result in forgoing of property tax revenue. MEASURE C UPDATE (Section 612): Proposed for more flexible Measure "C" spending by permitting park and beach improvements such as new or upgraded restrooms and playground equipment. Measure "C" was a citizen driven ballot initiative many years ago which was not drafted by City staff, nor approved by City Council for the ballot. Interpreting Measure "C" has always presented challenges and has tied the City's hands in keeping parks and beach child friendly, safe and esthetically pleasing. CANCELLATION OF MEETINGS (Section 303): This is a clean-up effort related to Council meetings and conducting business in a proper, efficient and orderly manner. PUBLIC COMMENTS (90-Second Time Limit) — 38 Speakers The number [hh:mm:ss] following the speakers' comments indicates their approximate starting time in the archived video located at http://www.surfcity-hb.org/government/agendas. Barbara Shapiro, Huntington Beach homeowner, was called to speak and stated her opposition to all proposed Charter amendments. (00:25:13) Shirley Dettloff, a resident since 1964, was called to speak and stated opposition to all proposed Charter amendments because of the process being used. (00:26:57) Shammy Dee was called to speak and stated dissatisfaction with the focus and performance of the newly elected Councilmembers. (00:28:40) Betty Kanne, 40+ year resident, was called to speak and stated opposition to all proposed Charter amendments. (00:30:28) 83 Council/PFA Special Meeting Minutes September 21, 2023 Page 4 of 16 Buzz McCord was called to speak and stated opposition to all proposed Charter amendments. (00:31:56) Wendy Rincon was called to speak and stated interest in clear answers to the questions the residents have raised about the proposed Charter amendments. (00:33:21) Linda Moon, a 49-year resident, was called to speak and shared her opinions related to the proposed Charter amendments regarding elections and office of City Attorney, including the fact that the Orange County Board of Supervisors is the ultimate authority on conduction of elections in the County. (00:34:35) Andrew Einhorn, Huntington Beach resident, was called to speak and stated opposition to proposed Charter amendments. (00:36:18) Tim Geddes, a 40-year resident with over 20 years of civic affairs involvement, was called to speak and stated the need for tangible evidence, real facts and figures regarding expense and content for the proposed Charter amendments. (00:37:42) Ms. Reed, former U. S. History and Civics teacher, was called to speak and suggested that Councilmembers need to attend classes with her. (00:39:15) Neal Kuster was called to speak and thanked speaker Linda Moon for explaining how proposed election changes could ultimately be decided by the County Supervisors, and stated he is still waiting for answers to the questions community members are asking about the proposed Charter amendments. (00:41:16) Bethany Webb, longtime resident, was called to speak and asked Councilmembers to stop focusing on issues that do not exist and to focus on their core responsibilities. (00:42:52) Unnamed Guest was called to speak and shared his opinion that Councilmembers are not listening to, not adequately responding to, resident questions. (00:44:10) Cathey Ryder, resident voter since 1985, was called to speak and shared her concerns related to lack of budget transparency, expected deficits, and effect of a special election on finances. (00:45:54) Mary Kyle, 25-year resident, was called to speak and stated opposition to all proposed Charter amendments. (00:47:25) Brenda Glim, a resident, was called to speak and shared her opinions on Council focus and actions. (00:49:03) Amory Hanson was called to speak and suggested an additional Charter amendment requiring a special election in the event of a Council vacancy, unless the Councilmember's term would soon expire and a General Election would soon be held anyway. (00:50:48) Meg Robinson was called to speak and shared her opinion related to potential election costs if the election related proposed Charter amendments are passed. (00:51:41) Ken Inouye, a 50-year resident, was called to speak and stated his interest in knowing what the proposed Charter amendments could cost with a proper accounting, amount of funds in the Unrestricted Reserve account, and City Attorney's legal opinion on the legality of the proposed Charter amendments. (00:52:59) 84 Council/PFA Special Meeting Minutes September 21, 2023 Page 5 of 16 TJ England, 55-year resident and homeowner, was called to speak and shared her concerns about various decisions made by the current City Council. (00:54:40) Unnamed Guest was called to speak and shared her opinion that a majority of residents are being ignored by the Councilmembers. (00:56:24) Jeanne Farrens was called to speak and stated after reviewing the summary statements for the proposed Charter amendments she is more confused, and is opposed to the current grouping of unrelated items. (00:58:05) Andrew Goffe, Candidate for U. S. Congress 47th District, was called to speak and shared his opinions regarding proposed Charter amendments related to voter ID and monitoring of ballot collection boxes. (00:59:49) Mary Martin, a resident since 1989, was called to speak and stated opposition to all proposed Charter amendments. (01:01:19) Steve Wells was called to speak and shared his opinions referencing newly-elected Councilmember campaign platforms. (01:02:55) Kathryn Goddard was called to speak and stated opposition to all proposed Charter amendments, and suggested the appointment of a citizen Charter Review Commission to proceed in a transparent manner. (01:04:28) Diana Lithgow, 41-year resident, was called to speak and stated opposition to the proposed Charter amendments. (01:05:52) Harry McLachlan, a resident, was called to speak and stated opposition to proposed Charter amendments #1, #2 and #3. (01:07:02) Ann Palmer, 30-year Huntington Beach homeowner, was called to speak and stated her support for some, but not all, of the proposed Charter amendments. (01:08:39) Synde Manion, resident, was called to speak and stated opposition to all proposed Charter amendments. (01:10:14) Unnamed Guest was called to speak and stated his opposition to the proposed Charter amendment regarding voter ID. (01:11:36) Perry Clitheroe was called to speak and stated opposition to the proposed Charter amendments related to voting without evidence of wrongdoing by the Orange County Registrar of Voters. (01:13:13) Ellen Riley was called to speak, recommended implementing a Citizen's Oversight Committee for Huntington Beach, and stated opposition to all proposed Charter amendments. (01:14:48) Laura Sire, 60-year resident, was called to speak and stated opposition to all proposed Charter amendments. (01:16:35) Paula Schaefer was called to speak and stated opposition to all proposed Charter amendments. (01:18:11) 85 Council/PFA Special Meeting Minutes September 21, 2023 Page 6 of 16 Melvyn Sterling was called to speak and stated opposition to all proposed Charter amendments. (01:19:51) Rick Brown was called to speak and shared his opinions regarding several topics. (01:20:41) Valentina Bankhead was called to speak and stated support for the proposed Charter amendments. (01:22:08) ADMINISTRATIVE ITEM 3. 23-807 City Council discussed potential Charter amendments proposed by the Charter Ad Hoc Committee and staff; opportunities to propose and discuss additional amendments to be considered for the March 5, 2024 Statewide Primary Election Mayor Strickland reminded everyone that if Council approves the proposed Charter amendments, there is still the need for voter approval before they would become effective. He also noted the staff report did provide the projected cost of approximately $370,000 to $460,000 for putting three items on the March 5, 2024 Statewide Primary Election ballot. Mayor Strickland stated for clarification that he did campaign against the previous Council's proposed Charter amendments, but he did not ever state he would never propose any Charter changes. For the record, he also stated that Acting Chief Assistant City Attorney Paul D’Alessandro worked with the Ad Hoc Committee to ensure the legality of the proposed Charter amendments. Acting Chief Assistant City Attorney Paul D’Alessandro confirmed there is nothing to prohibit placing Council approved proposed Charter amendments on the March 5, 2024, Statewide Primary election per Section 1415 of the Elections Code and added that none of the proposed Charter amendments fall into several categories that are prohibited. Councilmember Kalmick stated he extensively reviewed legislative analyses and other sources regarding what is, or is not prohibited, for Statewide Primary elections, and asked Acting Chief Assistant City Attorney D’Alessandro for the specific legislative record. Councilmember Bolton added she would like to see the actual legal pros and cons for each proposed Charter amendment, not legal conclusions without the analyses. Acting Chief Assistant City Attorney D’Alessandro confirmed that the legislative record is not super clear about the push for collective bargaining rights and noted the difference in California law regarding elected v. other employees who are protected by bargaining rights. In response to Councilmember Bolton's request, Acting Chief Assistant City Attorney D’Alessandro stated City Attorney Gates noted that the City Attorney's Office does not submit written legal opinions or memos into the record of public Council meetings primarily because they can be used as a roadmap to challenge Council's decision. When pressed by Councilmember Bolton, Acting Chief Assistant City Attorney D’Alessandro stated he personally doesn't believe the risk is large for a possible lawsuit. Mayor Strickland noted part of the purpose for increasing public speaking opportunities is to hear other proposed Charter amendments, such as the one presented by Mr. Amory Hanson regarding Council vacancies. To address this proposal, Mayor Strickland suggested following the process used by the U. S. Senate whereby the Senate makes a short-term appointment until the next election. If the appointee is interested in keeping the position, they must run with all interested candidates at election time where the winner is selected through voter approval. 86 Council/PFA Special Meeting Minutes September 21, 2023 Page 7 of 16 Councilmember Kalmick noted he made that same Charter amendment proposal for 2022, but also required at least four affirmative votes to appoint someone for the vacancy. There was discussion that the item was most likely voted down because of other items it was packaged with on the ballot. Councilmember McKeon, speaking as a member of the previous Charter Review Commission, noted there was very little public interest or participation in those meetings. He stated his support for this current process that includes time for public comments and encouraged patience in taking these issues one step at a time. To answer questions about the budget, Councilmember McKeon provided a brief overview of the budget process and described the initial deficit actually ended up becoming a surplus with additional adjustments, and invited Chief Financial Officer Sunny Han to explain why the budget has not yet been posted on the City's website. Chief Financial Officer Han stated it takes some time for staff to update and document the impacts of the final budget adjustments which Council approved on June 26, 2023. In addition, several specific criteria are required by the Government Financial Officers Association for the City to continue to receive the distinguished budget award, which it has for 29 consecutive years. CFO Han stated the budget is expected to be released on September 22, along with a press release. Councilmember McKeon and CFO Han discussed the $4.9M balance in the Unrestricted Reserve account for next year's budget, plus additional one-time funds received which brings the total balance to approximately $5.5M. Councilmember McKeon asked that Councilmembers cordially debate the issues, and noted there is additional public speaking time after Council's discussion tonight to ask questions not answered during this discussion. He noted that Councilmembers will be prepared at the next meeting to answer the new questions presented tonight and determine if the proposed Charter amendments are worth the investment. He noted the importance of civil discourse on differences of opinion, and added that in the end, if a majority of voters do not approve, then none of the proposed items become policy. Mayor Pro Tem Van Der Mark stated that she did not state during her campaign the City Charter should never be changed, but rather disagreed with some of the proposed Charter changes previously on the ballot. She noted that some of the Charter changes currently being proposed are repeats of the 2022 proposals as recommended by the Charter Review Commission. Councilmember Kalmick stated he still does not clearly understand whether or not the City can legally require voter ID. In proposed Section 705. Special Provisions Relating to Municipal Elections, he questioned the language in the second sentence, "The City shall verify the eligibility of Electors by voter identification." He suggested using words that allow for options, such as ". . .may verify . . ." or "the City Council reserves the right to set its own election rules" in case the Orange County Registrar of Voters and/or County Supervisors determine verifying the eligibility of Electors is not legal and possibly demand Huntington Beach hold and pay for their own elections. Councilmember Kalmick, Mayor Strickland, Mayor Pro Tem Van Der Mark and City Clerk Estanislau discussed how the number of additional in-person voting locations was determined by the Ad Hoc Committee. Councilmember McKeon shared his opinion that the goal is to increase faith in the election process as well as voter participation. 87 Council/PFA Special Meeting Minutes September 21, 2023 Page 8 of 16 Councilmember Kalmick suggested the proposed specific election-related Charter amendments could best be implemented through an Ordinance. Acting Chief Assistant City Attorney D’Alessandro noted that "shall" is mandatory and "may" is permissive regarding verifying the eligibility of Electors. Discussion ensued regarding possible options for the City if any election-related item is ever determined to be illegal by the State Elections Code. Councilmember Kalmick asked if the intent is not to discourage or replace mail-in ballots, nor is it intended for the City to take on elections, then that should be stated in the proposed Charter amendment. He stated he believes the proposed election-related Charter amendments are creating barriers that do not currently exist for a constitutionally protected right. Acting Chief Assistant City Attorney D’Alessandro confirmed it is within the legislative power of the City Council to include the information as suggested by Councilmember Kalmick, but currently it is in a legally adoptable format. City Clerk Estanislau noted there is nothing within the Charter which states Huntington Beach must consolidate with the County for elections, but rather reads that elections shall be held in accordance with provisions of the Elections Code of the State of California. Councilmember Moser noted research shows that implementing voter ID disproportionately impacts communities that are already underrepresented, and the intent should be to make voting more accessible for every eligible voter. She stated she has full faith in the abilities of the Orange County Registrar of Voters to provide safe and secure elections, including transparency, accuracy, and ensuring every vote is counted securely. Further, she does not believe that Huntington Beach, with limited resources, could provide all of the services needed for safe and secure elections. Councilmember Bolton stated the importance of signatures and their verification in the voting process, and referenced the State's Election Code process for situations when a signature may be challenged. She stated her concern that if someone challenges the proposed voter ID Charter amendment, she is uncertain if the City would prevail. She would like to see examples of cases and legislative history to support approving the amendment — history that would help clarify potential liability/legal risk and cost. Chief Financial Officer Han clarified that the current estimated cost to hold an election is $1.3M – $1.65M which includes one-time capital costs and recurring costs, but does not include tracking or cyber security. Councilmember Bolton stated there is no way this item should be proposed without complete financials. Councilmember Moser stated that most residential polling places will not meet the standards used for determining polling locations, such as the Americans with Disability Act (ADA) compliance. Councilmember Moser stated she doesn't see justification for requiring voter ID in Huntington Beach because of the cost for a professional secure system, considering that a professional secure system already exists, and there is no proof of voting fraud. There was discussion of the fact that any Orange County voter can vote anywhere within the County and they will be provided with a provisional ballot which contains the ballot measures for their comm unity of residence. Mayor Strickland responded there is no intention for the City to hold their own elections, but rather to merge with the County elections. 88 Council/PFA Special Meeting Minutes September 21, 2023 Page 9 of 16 Councilmember Moser noted the technical difficulties that exist with the MyHB app, and stated her doubt that the City could ensure electronic safety for elections. She also noted not even an estimate of those costs is available at this time. Councilmember Bolton stated voter ID should not be enshrined within the Charter because it creates unforeseen issues down the road, just like Measure "C" has done. Councilmember Kalmick moved on to the proposed Charter amendments related to the Office of the City Attorney, and stated he reviewed the documentation for all California charter cities with an elected City Attorney. He asked how the last sentence of Section 304 (b) is presently inconsistent with State law that defines the attorney-client relationship. Acting Chief Assistant City Attorney D’Alessandro responded that one of the major concerns with the language that was added to Section 304 in 2010 is that it creates an internal inconsistency with Section 309. He added there are recent advances regarding the work product doctrine that this wording is inconsistent with and noted the language in Section 304 (b) is inconsistent with a couple of long held court cases: Hicks v Board of Supervisors and Hutton v O'Connor. The specific rule on attorneys representing corporations is in Section 1.13, which Acting Chief Assistant City Attorney D’Alessandro did not have in front of him. Councilmember Bolton stated for her it is important to have that information available for a productive discussion. She quoted a clarifying statement from the Cal Cities Guide regarding the relationship between city councils, city attorneys and the voters: "Essentially all of the duties and requirements applicable to appointed city attorneys apply to elected city attorneys. Although the elected city attorney is accountable to the public through the election, the city, not the public, is the city attorney's client." She believes the city council is the client that makes decisions and holds the attorney-client privilege, not the city attorney. Councilmember Bolton sees the proposed attorney changes as ridiculous, not consistent with law, unworkable, bizarre, and an emotional response to a situation that happened a couple of years ago. Mayor Stickland responded that the proposed language is similar to Long Beach's Charter. Acting Chief Assistant City Attorney D’Alessandro agreed there are similarities with Long Beach, the city is the client, the city is directed by the city council for matters such as setting policy and settling lawsuits, but none of this affects the proposed change for Section 304 (b). He noted it is not unusual for city charters to express concern about certain employees, such as the Huntington Beach Charter which has a special carveout for the Police Chief, who cannot be fired, without the consent of the Council, by the City Manager. Councilmember Bolton and Acting Chief Assistant City Attorney D’Alessandro further discussed the effect of the proposed changes, and Acting Chief Assistant City Attorney D’Alessandro stated the changes do not take away the privilege from the client but confirm the attorney's duty is to maintain and protect all confidential attorney-client privilege and attorney work product information. The privilege still resides with the city, as the client, expressed through the will of the Council. Or, if there is a document protected by attorney-client privilege, that privilege is not held by an individual Councilmember, but is held by the City expressed through a majority of the Council. Acting Chief Assistant City Attorney D’Alessandro agreed that implementation is a different question from what is being proposed, which is legal and able to be voted upon by the people. 89 Council/PFA Special Meeting Minutes September 21, 2023 Page 10 of 16 Councilmember Moser and Acting Chief Assistant City Attorney D’Alessandro further discussed that the City is the client and the City Council as a whole is authorized to speak on behalf of the client. Acting Chief Assistant City Attorney D’Alessandro stated the City has adopted a lot of rules and regulations where it has delegated to various members of staff in various other instances. Councilmember Moser shared portions of her previous email communication with City Attorney Gates to demonstrate her concern about how the City Attorney is treating the public. Acting Chief Assistant City Attorney D’Alessandro clarified that Councilmember majority can only legally act in a Closed Session or City Council meeting, not as individuals outside of those meetings. Councilmember Kalmick noted that the City Charter will no longer contain any language that says the City Council shall have control of all litigation, and the proposed action appears to isolate the City Attorney's role as being very independent and moves power away from the City Council and delegating through the Charter to other elected folks. He also stated the proposed budget Charter amendments appear to be restricting Council consideration with a formula and not allowing discretion for including community priorities. Mayor Strickland invited Alisa Backstrom, City Treasurer, to describe how a former City Council, through Ordinance 3097, purported to transfer a majority of the City Treasurer's Charter mandated powers and duties to the Finance Department. City Treasurer Backstrom noted that an ordinance cannot be in conflict with the Charter and stated that elected officials are accountable to the citizens who voted them in to be stewards of the taxpayer monies as check and balances within the operational structure. Councilmember Kalmick stated the budgetary recommendations appear to put up walls with no emergency ladders for a fiscal emergency, and he objected to the proposed Charter directed locked in percentage. Mayor Strickland and Councilmember McKeon stated the attempt is to prevent another Council from arbitrarily removing the power and duties of an elected official. Councilmember Kalmick believes there are better ways to do that without locking up the budget. City Treasurer Backstrom clarified she was hired for the position after a previous Council acted to purportedly remove Charter mandated powers and duties, during a time when the former City Treasurer had resigned to accept her election to the County Treasurer position. In response to Mayor Pro Tem Van Der Mark's question, as to whether or not it appeared the taxpayer monies were negatively impacted through the changes, City Treasurer Backstrom stated now that her duties have been realigned she has seen areas that can possibly be improved with more focus, such as the collection of delinquent accounts, procuring savings through review of current contracts which haven't gone out to bid for some time, review of business processes for potential improvements to enhance internal controls, and reviewing how current technology may save time and money. Councilmember Moser stated she concurs with Councilmember Kalmick's statements and suggested the proposed Charter amendments should be handled through ordinances. In her opinion, it is not appropriate for the City's future budgeting policies to be cemented to this Council's governing approach, or current circumstances. The main function of the City Council is to determine the budget, including for elected offices. Mayor Strickland expressed appreciation for the suggestions made by Councilmembers Kalmick and Moser, and stated he would revisit the proposed amendment's reference to budget. 90 Council/PFA Special Meeting Minutes September 21, 2023 Page 11 of 16 Councilmember McKeon thanked all Councilmembers for participating in this discussion, and the process to fine-tune the proposed Charter amendments. He added that even if some of the issues being addressed happened in the past, it is appropriate to discuss, uncover facts, and determine if guardrails should be implemented to prevent repeat incidents. Councilmember Bolton stated she cannot support hamstringing any future Council with a specific budget percentage in a Charter amendment. Councilmember Kalmick stated that Council should be focused on creating equity by stating a budget could not be decreased unless it is decreased across the board for all departments. He also noted that changing an ordinance allows for public input without requiring the costs of an election. Councilmember Kalmick weighed in on the proposed changes for the City Clerk educational requirements, noting some city charters don't address job requirements, but rather it is addressed through the municipal code. He also stated that more and more Orange County cities are appointing, rather than electing, their City Clerks. Mayor Strickland stated the intent is to remove ambiguity and prevent one person from subjectively determining what an appropriate related field is. When asked by Councilmember McKeon, City Clerk Estanislau noted that "related field" is used in most job applications, and the process typically used by Human Resource departments is to in addition, review experience and where that experience was acquired. City Clerk Estanislau explained if she had any questions or reservations about the qualifications of a particular City Clerk applicant, she would seek involve the City Attorney or other City staff in the discussion and decision process. She stated that in her review of all Orange County City Clerk job descriptions, 23 of 31 cities have qualifications that refer to Public Administration, Business Administration, Public Policy or Records Management. She respectfully suggested having the term “administration" follow "business" for a correct degree title, but objected to the removal of "or related field" language. Councilmember Moser stated that if the concern is ambiguity, then stating Business Administration or Bachelor of Science would be appropriate, as well as keeping "or related field". Councilmember Bolton stated support for Councilmember Moser's comments. Mayor Strickland stated he is not trying to lower the standards as some have said, but rather he is attempting to eliminate ambiguity to ensure anyone can understand whether or not they qualify to run for City Clerk in Huntington Beach. He added that changing to an appointed position is a different discussion. Councilmember McKeon noted that Measure "C" was passed to protect the City's open spaces, parks and beach, and has tied hands related to renovating existing facility structures and there is a need to remove ambiguity. Director of Community & Library Services Ashley Wysocki described the need to define what a structure is, noted the Measure "C" minimum dollar amount threshold of around $220,000 is under the cost of most current projects, and the 3,000 sq. ft. limitation is really a very small footprint. She stated that the volume of work and cost required to bring a shovel-ready project to a vote of the people is prohibitive, especially if the project is voted down. She defined staff recommendations to remove the restrictive dollar amount threshold and bringing a project to a vote of the public at the conceptual phase. 91 Council/PFA Special Meeting Minutes September 21, 2023 Page 12 of 16 Councilmember McKeon stated his support for bringing a project to a vote of the public at the conceptual phase, and allowing City Council to ensure the project stays within budget. Determining parameters for renovating existing structures, as well as controlling a project through square footage rather than by footprint are additional items to consider changing. Councilmember Moser stated her support for staff recommendations, believes the proposed added language is still too ambiguous. and recommended taking the time needed for more staff discus sions. She stated the ultimate goal of Measure "C" was to preclude commercial development on public property, but in the end it has actually made it nearly impossible to do things that would benefit the entire community. Councilmember Moser and Director Wysocki discussed the process of determining whether or not a park change or improvement plan will potentially need to go to a vote of the people. Councilmember Moser stated her interest in keeping any changes to Measure "C" as close as possible to the original intent. She believes this will require more time and might help to also ensure voter approval. She provided examples relating to the lease portion of Measure "C" and suggested more time is needed to adequately consider some changes there also. Director Wysocki confirmed the first need is to define "structure", then determine if existing buildings currently meet the needs for public service delivery and provide an opportunity to reimagine those spaces to ensure the longevity of public open spaces while being flexible and fluid in meeting the demands of a growing community. She stated it is a complex issue that may not be totally answered in a week. Councilmember Bolton returned to the issue of election costs, noting all of the various numbers that have been stated, to illustrate the need for more time to prepare proposed Charter amendments. She doesn't believe there is any need to rush something as important as this. Councilmember Moser shared her opinion that neither the previous changes presented to update Measure "C", nor the current proposed changes, fix the problem. More time is needed to allow proper staff and community engagement for defining appropriate changes. Mayor Strickland reiterated the purpose to consider going to a biennial budget is to make the process easier for staff and provide more predictability and better planning. Councilmember Kalmick stated it seems reasonable, but proposed wording does lock the City into a two- year budget, and he suggested wording change that would allow flexibility. Mayor Strickland invited Chief Financial Officer Sunny Han to weigh in on this item. She stated that going to a biennial budget process would still include annual reviews and opportunity for mid-cycle adjustments as is currently done. CFO Han also stated that if there are ever items that need to be appropriated or which may fall outside of the budget adoption cycle or mid-year budget update, staff can always bring those items to Council's attention for consideration as a stand-alone item at any regularly scheduled Council meeting. Mayor Strickland stated he brought the Clerk and Treasurer election cycle item forward and is willing to drop it unless there are objections from anyone. No one had any objections. Councilmember McKeon invited Acting Chief Assistant City Attorney D’Alessandro to weigh in on options to address malfeasance, or when someone alleges misconduct by an elected official. Acting Chief 92 Council/PFA Special Meeting Minutes September 21, 2023 Page 13 of 16 Assistant City Attorney D’Alessandro stated this issue could be addressed either through an ordinance or through the Charter. Councilmember Bolton stated the need for more details regarding the type of investigation such as employment discrimination, harassment, or public corruption, some of which would not be handled by the Attorney General. She suggested more time be spent on this idea, and agreed with Councilmember McKeon that an ordinance could be a proper vehicle. Councilmember Kalmick stated support for addressing the issues of ethics and malfeasance through an ordinance process with the objective of creating a high barrier for allegations of abuse with a low barrier for complaints. Mayor Strickland introduced the proposed amendment changes related to cancellation of City Council meetings as a simple fix to an item that is already in the Charter. Councilmember Kalmick objected to the proposed language and suggested returning to the language presented in the 2022 Charter amendment effort. He also agreed that the Charter reference to "Monday" meetings needs to be addressed. Mayor Strickland asked Councilmember Kalmick to provide the prior language related to this item to staff for discussion at the next special meeting. Councilmember McKeon introduced discussion on the proposed Charter amendment addressing voter approval for matters affecting the collection of property tax. He stated this is an effort to prevent a repeat of the Joint Power Authority purchase of Elan and The Breakwater properties through government bonds that circumvented determining the will of the voters. Councilmember McKeon shared his opinion that when the government gets involved in private transactions like this it creates issues like the current dispute on "possessory tax", a dispute relating to whether or not the residents become liable for the foregone property taxes, and is now working its way through the court system. Councilmember Kalmick stated he does not see how the proposed Charter amendment solves the stated problem. He added the need to start with defining "transaction". He referenced the staff report noting the definition does not include water infrastructure (i.e. water lines, reservoirs, etc.), and the phrase “beach facilities” could be generalized to include all “recreational facilities” which are also viewed as infrastructure. Councilmember Kalmick stated he agrees a public policy discussion on this issue is needed but disagrees with the premise used for this proposed Charter amendment, and stated support for addressing the issue through the ordinance process. Mayor Pro Tem Van Der Mark introduced the proposed Charter amendment relating to display of flags. Council consented to holding this item for the next meeting when Councilmember Burns would be available to join the discussion. Councilmember Bolton suggested two additional items for consideration: 1) amend Section 307 (Non Interference with Administration) by adding a new paragraph which says something to the effect "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 within the collection, possession, or inventory of the City libraries." This will allow the voters to determine how to handle the library issue. 2) amend Section 313 (b) (Provision on Nepotism) which basically states the City Council cannot appoint or ask the City Manager or anyone else to appoint, a relative of any City Councilmember. She proposes added language to specify Councilmembers cannot require the hiring of a relative of any City Councilmember or any other elected department head. 93 Council/PFA Special Meeting Minutes September 21, 2023 Page 14 of 16 Acting Chief Assistant City Attorney D’Alessandro agreed to add the proper language to address these two issues for next week's discussion. Councilmember Kalmick noted that all of Measure L from the last ballot initiative, except for #10 regarding Measure "C", was code clean-up and recommended it be included in the current plans. He also would like to see a provision to address Council’s ability to hire staff, an addition to the current restriction of addressing issues only through the City Manager. Discussion ensued to confirm a whole process and procedure would be established for implementing Council staff through an ordinance, if the voters approve the amendment. Councilmember Kalmick noted that he would like to see an amendment that addresses City Council compensation to possibly make it financially possible for better representation of all segments of the community for what is essentially a full-time volunteer job. Councilmember Kalmick suggested to consider adding a Legislative Counsel position, possibly under the City Manager's office, to help Councilmembers understand legislative duties and possibly alleviate some of the recent tensions. He also suggested setting up an Ethics Committee through the ordinance procedure. He also suggested addressing political endorsements and contributions for elected city positions, using Oakland as an example, and ways other cities allow for a bit of wiggle room in certain situations without requiring a vote of the people. Councilmember Kalmick also stated his support, from a good government standpoint, for appointed positions to remove the possibility of politicization for the currently elected positions of City Attorney, City Clerk and City Treasurer. Councilmember Bolton suggested including the same term limits for all elected positions, including Councilmembers, Clerk, Treasurer and Attorney. A motion was made by Strickland, second McKeon to discuss potential Charter amendments proposed by the Ad Hoc Committee and City staff; propose and discuss additional amendment as needed; and receive and file this report. The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, and Bolton NOES: None ABSENT: Burns PUBLIC COMMENTS (90-Second Time Limit) – 17 Speakers The number [hh:mm:ss] following the speakers' comments indicates their approximate starting time in the archived video located at http://www.surfcity-hb.org/government/agendas. Neal Kuster was called to speak and stated his support for cooperative discussions among Councilmembers; setting up another Charter Review Commission to properly review the Charter; asked Councilmembers what they want to hear that would change their vote on the issues being considered; and encouraged more discussion on housing and development. (04:49:01) Tim Geddes was called to speak and stated his support for allowing the Orange County Registrar of Voters (OCROV) to completely handle the voter process as the professionals they are. (04:50:39) 94 Council/PFA Special Meeting Minutes September 21, 2023 Page 15 of 16 Wendy Rincon was called to speak and stated her opposition to any local changes in the voting process, encouraged Councilmembers to help educate concerned residents about the safety of the current voting process, and opposition to rushing through the proposed Charter amendment process which precludes a thorough legal analysis. (04:51:38) Bethany Webb, a resident, was called to speak and shared her opinion there has been no voter fraud in Huntington Beach, and encouraged Councilmembers to focus on cooperative discussions as they did during the later part of this meeting. (04:53:13) Unnamed Guest was called to speak and stated her dismay at learning of the disrespectful manner in which Councilmember Moser was treated; opposition to any local changes in the voting process; support for cooperative discussions among Councilmembers; and opposition to rushing through the proposed Charter amendment process. (04:54:13) Unnamed Guest was called to speak and said she wants her tax dollars to pay for City services such as increased hours at libraries or more meals delivered to vulnerable residents; noted election costs being discussed are in today's dollars with no consideration of actual costs in future years; and stated if Measure "C" changes really are so important, it should stand alone on the ballot rather than being bundled. (04:55:55) Unnamed Guest was called to speak and shared his support for stopping the proposed Charter amendment process since the legality of some of the proposed amendments is not clear, and full costs are not yet known. He stated everyone should be offended at the way an elected official reportedly addressed Councilmember Moser, and suggested if the proposed Charter amendment process proceeds, the items be placed on the General election ballot. (04:57:22) At 10:58 PM, by consensus, Councilmembers agreed to continue the meeting past 11:00 PM. Unnamed Guest was called to speak and stated support for using the ordinance process, rather than Charter amendment process, to address these issues. (04:58:45) Mary Kyle was called to speak and stated support for presenting each proposed Charter amendment as a stand-alone item and encouraged Councilmembers to help educate concerned residents about the safety of the current voting process. (04:59:50) Unnamed Guest was called to speak and shared his opinion that using the Primary election and requiring voter ID will statistically reduce voter participation; encouraged Councilmembers to help educate concerned residents about the safety of the current voting process; consider that an existing Charter amendment did not stop a rogue Council from breaking the law; and encouraged Councilmembers to focus on cooperative discussions as they did at the end of this meeting. (05:01:23) Synde Manion, a resident, was called to speak and stated that only 14% of Huntington Beach voters actually voted in the last election and asked for clarification on a number of election-related questions, including processes and costs. (05:03:09) Unnamed Guest was called to speak and encouraged Councilmembers to focus on cooperative discussions as they did at the end of this meeting, and stated opposition for special budget considerations for the City Attorney's office. (05:04:46) 95 Council/PFA Special Meeting Minutes September 21, 2023 Page 16 of 16 ADJOURNMENT — at 11:07 PM Van Der Mark made a motion, second by McKeon, to adjourn to a special meeting of the Huntington Beach City Council on Thursday, September 28, 2023, at 6:00 PM in the Civic Center Council Chambers, 2000 Main Street, Huntington Beach, California. 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 _______________________________________ City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach and Secretary of the Public Financing Authority of the City of Huntington Beach, California ATTEST: ______________________________________ City Clerk-Secretary ______________________________________ Mayor-Chair 96 Minutes City Council/Public Financing Authority City of Huntington Beach Special Meeting Thursday, September 28, 2023 6:00 PM — Council Chambers Civic Center, 2000 Main Street Huntington Beach, California 92648 A video recording of the 6:00 PM portion of this meeting is on file in the Office of the City Clerk, and archived at www.surfcity-hb.org/government/agendas/ 6:00 PM - COUNCIL CHAMBERS CALLED TO ORDER — 6:00 PM ROLL CALL Present: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns Absent: None PLEDGE OF ALLEGIANCE — Led by Councilmember Burns INVOCATION 1. 23-814 Huntington Beach Fire and Police Chaplain Roger Wing 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. ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced supplemental communications that were received by her office following distribution of the Council Agenda packet, which were all uploaded to the City's website and Councilmember iPads: Administrative Items #2 — 55 email communications, 3 letters; Councilmember Items #3 — 3 email communications. PUBLIC COMMENTS (90-Second Time Limit) — 39 Speakers The number [hh:mm:ss] following the speakers' comments indicates their approximate starting time in the archived video located at http://www.surfcity-hb.org/government/agendas. Shammy Dee was called to speak and stated her opposition to proposed voting changes. (00:06:08) 97 Council/PFA Special Meeting Minutes September 28, 2023 Page 2 of 18 Delaine Bailey was called to speak and stated her support for voter ID and surveillance of ballot drop boxes. (00:07:51) Frank Zappia was called to speak and expressed his appreciation for the integrity of the new Council majority. (00:09:30) Jeanne Paris, 27+ year resident, was called to speak and stated her support for all proposed Charter amendments, and appreciation for the Council majority. (00:11:10) Ann Palmer, 30-year resident, was called to speak and suggested a Charter amendment addressing the issue of high-density housing, and asked if there is a flood mitigation plan. (00:12:39) Dennis Pappas, a resident for over 50 years, was called to speak and stated appreciation for the Council majority and support for the proposed Charter amendments. (00:14:16) Patricia Pappas was called to speak and stated support for the proposed Charter amendments. (00:15:23) Don Kennedy, Candidate for City Council in 2024, was called to speak and stated support for the Councilmembers, and for the proposed Charter amendments. (00:16:08) Unnamed Guest, a resident, was called to speak and stated opposition to requiring voter ID in Huntington Beach. (00:17:44) Dennis, 40-year resident, was called to speak and stated support for the proposed flag amendment, handling Council vacancies, biennial budget cycle, voter ID, waiver or forgiveness regarding the collection of taxes, minimal changes to Measure "C", addressing the issue between the former Council and City Attorney; and opposition for allowing the Mayor the ability to cancel meetings, and proposed changes for City Clerk qualifications. He stated all proposed Charter amendments should stand on their own and not be bundled. (00:20:19) Buzz McCord was called to speak and stated his opposition to any proposed Charter amendments related to voting. (00:21:55) Mary Kyle, 25-year resident, was called to speak and stated her opposition to the proposed Charter amendments. (00:23:37) Andrew Einhorn was called to speak and stated his opposition to all proposed Charter amendments, as well as the recent "no mask, no vaccine mandate" resolution. He thanked staff and Lt. Archer for their efforts to address e-bike issues. (00:25:09) Linda Moon, 49-year resident, was called to speak and stated elected Councilmembers are expected to make informed decisions and shared her opinion the information received in the letter from the California Attorney General and Secretary of State regarding elections should have been thoroughly reviewed before the hasty, ill-considered decision to proceed with the amendment process. (00:26:43) David Rynerson, 25-year resident, was called to speak and thanked the minority Councilmembers for reaching out to State officials and stated it appears that nothing has changed in spite of what most speakers are saying. (00:28:16) 98 Council/PFA Special Meeting Minutes September 28, 2023 Page 3 of 18 Neal Kuster was called to speak and shared his opinion this process doesn't work with the time allotted for comment given the massive number of Charter proposals; shared his concerns regarding how proposed amendments may, or may not, be bundled; and urged a focus on why a Charter amendment is being used rather than an ordinance to determine flag policy. (00:29:36) Kane Durham was called to speak and stated his support for Neal Kuster's comments regarding the flag policy and shared his opinion the proposed voting amendments will make it harder for people to vote. (00:31:08) Connie Boardman, former Mayor and 8-year Councilmember, was called to speak and stated opposition to proposed amendments that would take City Attorney work product and budget away from the Council. (00:32:46) Wendy Rincon was called to speak and stated her opposition to the speed which this process is being pushed through considering the many and varied proposed amendments. (00:34:16) Tim Geddes, 40-year resident, was called to speak and stated his main concern is the tinkering with local elections and voter ID, and asked that these proposed amendments be removed from consideration. (00:36:06) Lisa was called to speak and stated her support for the proposed Charter amendment to allow the taxpayers to determine appropriate flags to fly on City buildings and thanked Councilmember McKeon for suggesting the four additional meetings to work out the details and listen to residents. (00:37:38) Mary Jo Baretich, 40-year resident, was called to speak and stated her opposition to proposed amendments related to the voting process and the plan to bundle unrelated items for the ballot. She also shared her opinion much more time is needed to get needed legal opinions on the proposed amendments. (00:38:58) Butch Twining, Planning Commissioner and Candidate for City Council in 2024, was called to speak and shared his appreciation for the Councilmembers and City officials who attended the ceremony today at the Los Alamitos Joint Forces Training Base to pay tribute to military patriots. He also thanked the Air Show producer for ensuring another event. (00:40:38) Unnamed Guest, Huntington Beach voter and resident, was called to speak and stated her opposition to proposed voting changes that only affects 20% of 2022 voters and asked that tax dollars be spent on increased library hours, street improvements, and more meals for vulnerable seniors. She stated Measure "C" is important and deserves to be a standalone ballot issue. (00:42:17) Steve Wells was called to speak and asked that Councilmembers focus on reaching an agreeable middle ground on issues before placing them on a ballot and encouraged people to listen to each other and taking time for proper dialogue rather than rushing through the process. (00:43:50) Amory Hanson was called to speak and stated his support for a proposed Charter amendment regarding how to address a potential Council vacancy. (00:45:30) Kathryn Goddard, 30-year resident, was called to speak and stated her support for Councilmember Items #3 seeking an opinion from the California Attorney General on eligibility for the Primary Election ballot for proposed Charter amendments involving elected officials. (00:46:16) 99 Council/PFA Special Meeting Minutes September 28, 2023 Page 4 of 18 Harry McLachlan, a resident, was called to speak and shared his opposition to the revised Policy on Human Dignity and urged Council to leave the original document alone. (00:47:24) Guest P was called to speak and shared examples to support her statement that newly elected 2022 Council candidate campaign signs clearly stated "No Changes to our City Charter". (00:48:37) Perry Clitheroe was called to speak and stated his opposition to any proposed amendments related to the voting process, especially in light of the letter received today from the California Attorney General and Secretary of State. (00:50:23) Joseph Shapiro, a resident for over 40 years, was called to speak and stated his opposition to the proposed Charter amendments and encouraged Councilmembers to truly listen to the public speakers rather than just voting their pre-determined decision. (00:52:28) Irene Briggs, a resident, was called to speak and stated her opposition to banning library books. (00:53:22) Mason Creyanfmiller was called to speak and stated his opposition to any proposed Charter amendments related to local control over the voting process. (00:55:02) Unnamed Guest was called to speak and stated her support for taking more time to ensure any amendments related to voting issues are based on facts. (00:56:40) Mira Dujanovic, a resident, was called to speak and stated her opposition to the salary increase for City Attorney Michael Gates, and proposed Charter amendment related to City Clerk candidate requirements. (00:58:19) B. Channel, 35-year resident, was called to speak and shared her concerns related to the bundling of proposed Charter amendments and asked that each proposal stand on its own. (01:00:00) Unnamed Guest was called to speak and noted the Orange County Register just announced that Huntington Beach is the Best Place to Live in Orange County, has the Best Downtown in O C, and the Best Beaches in O C, and tomorrow the world's pre-eminent Air Show starts in Huntington Beach. He also stated support for voter ID. (01:01:25) Jaeden, a Huntington Beach high school student choosing to complete his education on-line, called to speak and stated his appreciation for the newly elected Councilmembers and their attempts to help Huntington Beach. He stated he looks forward to the opportunity of serving on the Youth Board. (01:03:03) Synde, a resident, was called to speak and asked that the proposed Charter amendment regarding voter ID clarify if it really applies to all voters and suggested that rather than arbitrarily determining a specific number of added voter locations, a formula be used, or ways listed that the City could implement to increase voter access to polling locations in the years ahead. (01:04:21) ADMINISTRATIVE ITEMS 2. 23-835 City Council discussed and considered potential amendments to the Charter; conducted straw votes to place certain amendments on the March 5, 2024 Statewide Primary Election ballot 100 Council/PFA Special Meeting Minutes September 28, 2023 Page 5 of 18 Section 702, Procedure for Holding Elections, and Section 705, Special Provisions Relating to Municipal Elections — Straw vote approved — Mayor Strickland asked City Attorney Michael Gates and Acting Chief Assistant City Attorney Paul D’Alessandro to respond to the letter received from California Attorney General Bonta and Secretary of State Webster. City Attorney Gates noted that California Attorney General Bonta's communication stated his objections to voter ID and monitoring of ballot drop boxes. City Attorney Gates explained that the cases cited in the letter to support the objections had nothing to do with voter ID or monitoring of ballot boxes and reads largely as a "policy" concern. He explained that "matter of concern for the State" is a legal term which is identified by legislature and ratified or validated by a court. City Attorney Gates read from a cited case between Redondo Beach and the State of California in 2020 where Redondo Beach prevailed against California Attorney General Bonta regarding election law as it relates to local municipal elections. In summary, the court ruled that a city's charter supersedes state law when the issue is a municipal affair. He noted that California Attorney General Bonta appealed the ruling, and the State Supreme Court denied Bonta’s request for a review. Mayor Strickland and Acting Chief Assistant City Attorney D'Alessandro briefly reviewed the San Francisco Charter City and County case which allowed San Francisco to run their own elections under the State Constitution. Regarding additional polling locations, Mayor Strickland asked staff to change the wording "... the City to provide at least 20 residential voting locations which are ADA compliant for in-person voting ..." in the proposed amendment. Councilmember McKeon suggested changing "shall" to "may" throughout Section 705. Special Provisions Relating to Municipal Elections. Mayor Strickland confirmed for the benefit of the public that if the voters approve the proposed amendment, it does not take effect until 2026. Councilmember Kalmick disagreed on the effective date for implementing voter ID, and Mayor Strickland asked that the phrase, "beginning in 2026" be moved to the beginning of Section 705. Councilmember Bolton shared her concern about municipal elections being consolidated with state and federal elections, as noted in California Attorney General Bonta's letter, that consolidated elections are to be conducted in accordance with state law. She stated at this point there is still no clear direction from the Orange County Registrar of Voters, nor has a realistic cost been determined. Councilmember Bolton, City Attorney Gates and Mayor Strickland briefly reviewed the Redondo Beach case and the opinions expressed in California Attorney General Bonta's letter. Councilmember McKeon stated that if the amendment language is changed to "may" it will provide an option to proceed, or not, in 2026. City Attorney Gates noted that addressing voter issues in the Charter is asserting the right to local control per the California constitution. Councilmember Kalmick asked if it would be possible to have a general statement in the Charter that Huntington Beach City Council will create ordinances to manage their own local affairs. City Attorney Gates confirmed that could be one way to maintain local control. 101 Council/PFA Special Meeting Minutes September 28, 2023 Page 6 of 18 Councilmember Kalmick noted his interpretation of California Attorney General Bonta's letter is Huntington Beach should expect to be in court if this item proceeds, and the assumption Huntington Beach would be hosting their own municipal elections. He added that currently there is no idea what the cost could be, and he believes just the IT costs will increase over time as security continues to get more complicated. He stated his opinion that these efforts would make voting harder, rather than safer. Councilmember Kalmick shared previous local election statistics on number of voters to support his disagreement with the claim that the November ballot has so many items it can create voter fatigue, and therefore the attempt to place these amendments on the March ballot. He further stated his opinion it is going to be very costly to solve for a problem that he believes does not exist. Councilmember Moser asked what problem this proposed amendment is trying to solve, and the issues she has heard discussed are access, security, and potential fraud. She stated that elections are currently run by a stellar organization with many mechanisms to manage for potential fraud. She also stated she believes there are better ways to spend money on things the City really needs. She believes it would be less expensive to utilize existing transportation options to increase voter access for in-person voting. She stated localizing election rules may not only disrupt the current robust voting system but will ultimately result in high costs which the community would bear. The prudent and fiscally responsible approach, in her opinion, would be to work within existing state law and County Registrar structure. Mayor Strickland called for a straw vote that proposed Charter amendments, Elections, Section 702 — Procedure for Holding Elections, and Section 705 — Special Provisions Relating to Municipal Elections, be placed on the March 5, 2024, Primary Election ballot. The proposal carried by the following straw vote: AYES: Van Der Mark, Strickland, McKeon, and Burns NOES: Kalmick, Moser, and Bolton Section 309, City Attorney Powers and Duties, and Section 315, Charter Offices Budget — Straw vote failed Councilmember Kalmick asked for clarification on why limiting changes to the City Attorney Office budget is proposed at 3%, and stated he does not support any Charter policy that ties the hands of the City Council when it comes to a department head's budget, especially if it does not also contain a relief valve. Mayor Pro Tem Van Der Mark stated the attempt is to prevent a repeat of the situation when City Council stripped the City Treasurer responsibilities and budget, and to ensure that does not happen to any of the elected officials. City Attorney Gates noted there is already a guardrail of 15% for infrastructure built into the Charter and stated that the combined budgets for the three elected officials does not exceed $6M within the $350M annual budget. He added that lawsuits do not go away because there is no money to defend the City. If the City Attorney Office budget was cut, then the lawsuits would have to go to outside legal counsel at a much higher cost. Councilmember Burns stated he is very supportive of this item because he doesn't support City Council having control over another elected official and their departments. 102 Council/PFA Special Meeting Minutes September 28, 2023 Page 7 of 18 Councilmember McKeon stated he can't support this amendment at this time because more clarification is needed. Councilmember Bolton stated it hasn't even been confirmed that this type of amendment can legally appear on a Primary Election ballot because it relates to personnel or employees. City Attorney Gates stated that three attorneys have reviewed these proposed amendments and noted that a subsection of Election Code Section 1415 specifically allows this type of amendment. Councilmember Kalmick asked staff to play a video clip of then State Senator Padilla bringing to the floor a concurrent vote on SB311 stating which type of issues can be brought forth in General elections v. Primary elections. City Attorney Gates and Acting Chief Assistant Attorney D'Alessandro stated this clip supports the City Attorney Office conclusion that issues related to employees with collective bargaining rights can only be placed on a General Election ballot. They noted that elected officials are not part of collective bargaining units, and therefore are exempt from that restriction. The fact that retirees and bargaining units were listed specifically, but not elected officials, lends support to the City Attorney Office decision this proposed amendment is allowed on a Primary Election ballot. Councilmember Moser shared her concerns about the fact that the Ad Hoc Committee originally presented a proposed amendment addressing only the City Attorney Office, but through the course of discussions added the history of how a former City Council miss-handled the Treasurer position, and now the discussion is including the City Clerk as well. She stated the importance of allowing future City Councils to make budgetary decisions based upon the circumstances they find themselves in. Mayor Strickland called for a straw vote on proposed Charter amendments, Section 309 — City Attorney Powers and Duties, and Section 315 — Charter Offices Budget to be placed on the March 5, 2024, Primary Election ballot. The proposal failed by the following straw vote: AYES: Van Der Mark, Strickland, and Burns NOES: Kalmick, Moser, McKeon, and Bolton Section 310. City Clerk Powers and Duties — Straw vote failed — Mayor Pro Tem Van Der Mark stated this is an effort to clean up the language and make it accurate, and clarified the proposed change in wording does not reduce or downgrade the requirements for the City Clerk position. Councilmember McKeon stated he supports removing the ambiguity, but the whole issue has been tainted and therefore he cannot support it. Mayor Strickland stated he will continue to push this in the future because of the ambiguity that should be cleared up. Councilmember Burns stated he supports removing the ambiguity, and now is as good a time as any. Mayor Strickland called for a straw vote on proposed Charter amendment Section 310, City Clerk Powers and Duties be placed on the March 5, 2024, Primary Election ballot. The proposal failed by the following straw vote: 103 Council/PFA Special Meeting Minutes September 28, 2023 Page 8 of 18 AYES: Van Der Mark, Strickland, and Burns NOES: Kalmick, Moser, McKeon, and Bolton Section 314. Investigation of Malfeasance — Withdrawn — Councilmember McKeon stated that this issue can be addressed through a resolution and withdrew the item. Section 806. Display of Flags — Straw vote approved — Councilmember Burns stated he doesn't like identity politics and would like to lock into the Charter that Huntington Beach is one community under government flags. He added this also confirms that there is no need to identify any particular group to stand out, or potentially be discriminated against. Councilmember Kalmick stated there is nothing else in the Charter that requires a unanimous vote, and setting the bar this high for flags is peculiar and is not good public policy in his opinion. Councilmembers Bolton and Moser stated their support for Councilmember Kalmick's comments, and noted this is not something that should go into the Charter. It is already law through an ordinance. Councilmember Moser asked if City libraries could continue to display other flags to commemorate cultural heritages or Pride month. Councilmember Burns responded no, they would not, and added residents could read about any flag of their choice in the books at the library. Councilmember Moser stated this amendment should not be bundled with any other proposed Charter amendment. Mayor Strickland responded that is the discussion for next week's meeting. Mayor Strickland stated that if the people do not want this issue addressed in the Charter, they will have the opportunity to vote it down, but it is really up to the people and not the Council to decide. Mayor Strickland called for a straw vote on proposed Charter amendment Section 806, Display of Flags, to be placed on the March 5, 2024, Primary Election ballot. The proposal carried by the following straw vote: AYES: Van Der Mark, Strickland, McKeon, and Burns NOES: Kalmick, Moser, and Bolton Sections 401, 601, 602, 603, 604 and 605, Biennial Budget — Straw vote approved — Mayor Strickland stated this effort is to make the budget process easier for staff, build in more predictability, provide better planning for future expenses and identifying revenue streams. He noted this item is supported by Chief Financial Officer Han and is not adding anything new to the Charter. Councilmember Bolton clarified for the record that if she supports an item through a straw vote, it means she is agreeing to further discussion on the item. Mayor Strickland called for a straw vote on proposed Charter amendment Sections 401, 601, 602, 603, 604 and 605, Biennial Budget be placed on the March 5, 2024, Primary Election ballot. The proposal carried by the following straw vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None Section 300, City Council, Attorney, Clerk and Treasurer Election Cycle — Withdrawn — Mayor Strickland pulled this item from further consideration. 104 Council/PFA Special Meeting Minutes September 28, 2023 Page 9 of 18 Section 618, Voter Approval Required for Matters Affecting the Collection of Property Tax — Withdrawn — Councilmember McKeon stated he brought this item forward to prevent another situation like Elan and Breakwater purchases which created the foregoing of property taxes without voter approval. Upon review, he believes that because of the details required this would be best handled through an Ordinance, and withdrew the item. Section 612. Measure "C" Public Utilities, Parks and Beaches Update — Straw vote approved — Councilmember McKeon stated that in conversations with Community and Library Services Director Ashley Wysocki this item needs more work and suggested postponing further discussion until next week to allow staff additional time on this proposal. City Attorney Gates stated for the benefit of the public that Measure "C" was a community-driven initiative which was championed by certain Councilmembers at the time, noted the wording is a little difficult and there was not much legislative consideration. He noted that staff may bring back some tweaks to the current version, or another version through repeal and replace while maintaining the original intent for further Council discussion, as it has been difficult to interpret and enforce. Councilmember Moser made a motion to move forward on this item with a Measure "C" Charter Review Committee since it was originally a community-driven initiative, to ensure proper community input, as well as review by staff to be prepared for the General Election ballot in November 2024 as a stand-alone amendment. After hearing Councilmember McKeon's suggestion to wait another week to actually see what staff is able to provide, Councilmember Moser agreed to withdraw her motion. Councilmember Kalmick stated he would be reticent to completely replace what the voters originally approved, and suggested an appropriate action might be to consider stopping the rushed effort now. Mayor Strickland called for a straw vote on proposed Charter amendment Section 612, Measure "C" to continue discussion to October 5, 2023, and to consider whether or not it should be placed on the March 5, 2024 Primary Election ballot. The proposal carried by the following straw vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None Section 300, City Council, Attorney, Clerk and Treasurer Terms, and Section 303, Meetings and Location — Straw vote approved — Mayor Strickland stated this is basically clerical clean-up, and he is trying to move forward what the 2022 Council presented. Councilmember Kalmick asked that language be somewhere in the Charter that stipulates at least one regular City Council meeting each month, referencing previous Measure L language. Mayor Strickland called for a straw vote on proposed Charter amendments, Sections 300 (reference to "Monday" meetings) and 303, Meetings and Location to continue discussion to October 5, 2023, and consider whether or not it should be placed on the March 5, 2024, Primary Election ballot. The proposal carried by the following straw vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None 105 Council/PFA Special Meeting Minutes September 28, 2023 Page 10 of 18 ACTION TAKEN ON NEW PROPOSALS: Considered and Failed Section 307, Non-Interference with Administration — Councilmember Bolton introduced her item by stating that Governor Newsome just signed AB 1078 to ban book bans and textbook censorship in California schools. She stated her interest is to keep politicians out of the business of libraries and not allow politicians to make choices about what can be in a library and where it can be placed. She supports letting parents decide what books their children can read with the assistance of professionals who are trained to help them. Mayor Pro Tem Van Der Mark clarified her efforts have never been about banning any books, but rather to protect kids from books with certain sexually explicit language and empowering parents to have control over when that type of material is available to their child through book placement in libraries. Assistant City Manager Travis stated that the City Manager’s Office and Community and Library Services staff have been working with Library staff to develop policies and procedures which will be available for City Council review on October 17th. Mayor Pro Tem Van Der Mark stated the proposed Charter amendment is premature and reiterated that not a single book will be banned by the policies and procedures being developed. Councilmember McKeon stated that he agrees the proposed Charter amendment is premature until the work in process is completed and everyone has the opportunity to review the proposed policies and procedures. Councilmember Burns stated individual Councilmembers have no authority to direct any staff unless it is through inquiry or request to the City Manager. Councilmember Kalmick stated he sees this proposed amendment as not just about City Council making changes, but rather City Council or other elected officials making determinations on collections in the libraries. He believes if City Council has an issue with how librarians manage, they can bring the issue up to the City Manager and direct his actions. Mayor Strickland stated his support for allowing the current effort to be completed and reviewed before proceeding with the proposed amendment. Councilmember Kalmick requested a straw vote on proposed Charter amendment Section 307, Non- Interference with Administration, regarding the business of City libraries and to consider further discussion at the October 5, 2023, meeting and whether or not this should be placed on the March 5, 2024, Primary Election ballot. The proposal failed by the following straw vote: AYES: Kalmick, Moser, and Bolton NOES: Van Der Mark, Strickland, McKeon, and Burns Considered and Approved Section 313, Conflict of Interest, Nepotism — Councilmember Bolton introduced her item by stating she is addressing concerns from some people that some of the proposed Charter amendments are motivated by a desire to have this City Council appoint Attorney Gate's wife to 106 Council/PFA Special Meeting Minutes September 28, 2023 Page 11 of 18 the role of City Clerk. She noted there currently is a loophole in Section 313 which could allow that to happen and this is her attempt to close that loophole. She requested that if this proposed Charter amendment change is approved by Council, staff find a suitable way to avoid having any appearance of an ethical conflict and allow another law firm to draft the appropriate language. Councilmember Burns stated he has never heard this concern expressed before and asked Councilmember Bolton where she heard it. She responded this has been expressed by several public speakers, but believes it is a rumor. Mayor Strickland shared he heard the City Attorney's wife was considering running for the City Clerk position, and noted this proposed amendment would not preclude the decision of the voters. Councilmember Bolton stated this proposed change only relates to appointment. Mayor Strickland stated his opinion that any appointment should not be determined by who a person is married to but rather should be based on their qualifications. He does agree that the City Manager should not be coerced or forced to hire anyone. City Attorney Gates clarified for the record that when it was made known a few months ago that it is likely to be City Clerk Robin Estanislau's last term, his wife was asked by several people to consider running for the position. After thinking about it his wife agreed to consider running. When Councilmember McKeon shared his concerns about the relationship between a potential Charter change for City Clerk qualifications and his wife running for the position, she made it very clear publicly she wanted no part of that or to cloud the decision making. City Attorney Gates stated he thinks it is peculiar that proposals are being advanced that have no basis in reality, but rather appear to be aimed at corruption seen in prior Councils when a pass was taken in those situations. He added he had never heard of a current plan to appoint a replacement for the City Clerk, and suggested that Council's discussion be based on fact, not hearsay or rumor. Councilmember Kalmick shared his opinion that the current Charter allows for the appointment of the spouse of a deceased councilmember if the spouse is truly qualified. He added he doesn't understand from a policy standpoint why there is resistance to preclude appointing a qualified City Council spouse to a vacated City Attorney, City Clerk or City Treasurer elected position. Councilmember Moser stated it really is about the appearance of impropriety, and Section 313 should be clear and strong, and she supports this amendment change without any concern for rumors that may be going around. Councilmember McKeon stated he believes the wording may need to be tweaked a bit, and suggested bringing it back next week to allow for language clean-up. Mayor Strickland called for a straw vote on proposed Charter amendment Section 313, Conflict of Interest, Nepotism, to continue to October 5, 2023, for further discussion and to consider whether or not this should be placed on the March 5, 2024 Primary Election ballot. The proposal carried by the following straw vote: AYES: Kalmick, Moser, McKeon, and Bolton NOES: Van Der Mark, and Burns ABSTAIN: Strickland 107 Council/PFA Special Meeting Minutes September 28, 2023 Page 12 of 18 Considered and Approved Measure L (2022), minus Measure “C” — Councilmember Kalmick stated the proposed changes are non-substantive in that they clarify or update language in the Charter regarding outdated phrases, syntax, dates, pronouns and titles. He noted that any reference to Measure "C" would be pulled from Measure L as that is being addressed as a separate amendment. Regarding Section 804, he clarified his intent is to only require that City Council address the issue every ten years of whether or not a Charter Review is necessary, not to stipulate a Charter Review is required every ten years. Councilmembers McKeon and Kalmick agreed these changes would be bundled with Section 303, Meetings and Locations. Councilmember Kalmick called for a straw vote on proposed Charter changes (previously Measure L, 2022) to continue to October 5, 2023, for further discussion and whether or not this should be placed on the March 5, 2024 Primary Election ballot. The proposal carried by the following straw vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None Considered and Failed Section 401, Powers Related to Councilmember-directed Staffing — Councilmember Kalmick introduced his item by noting that Irvine and Anaheim have paid staff positions that directly report to individual City Councilmembers and provide policy, administrative and field support. He explained the process that Santa Ana uses which is to provide a budget amount for councilmembers to use for hiring independent contractors. He suggested more of an Administration position as opposed to a Technical Analyst. He sees this item as allowing future City Councils to budget for such positions if they choose to. Councilmember McKeon stated his opinion there is not enough clarity to move forward on this item. Councilmember Moser stated appreciation for flexibility, noted her support for Councilmember McKeon's clarity concerns, and her support for putting this topic in the Charter. Councilmember Kalmick called for a straw vote on proposed Charter amendment Section 401, Powers related to Councilmember-directed Staffing to continue to October 5, 2023, for further discussion and to consider whether or not this should be placed on the March 5, 2024, Primary Election ballot. The proposal failed by the following straw vote: AYES: Kalmick, Moser, and Bolton NOES: Van Der Mark, Strickland, McKeon, and Burns Considered and Failed Section 302, Council Compensation — Councilmember Kalmick introduced his item by describing the types of people who usually have the time and finances to serve on City Council which precludes individuals with full-time jobs, and noted current City Council compensation is not enough to allow someone to quit their job in order to serve the community. He stated his intent is to allow the possibility for more Council diversity. He noted there hasn't been enough time to allow for complete wording but is seeking approval to allow staff to move ahead on the concept. Councilmember Kalmick added this would not go into effect until well into the future, such as after the terms of currently sitting Councilmembers. 108 Council/PFA Special Meeting Minutes September 28, 2023 Page 13 of 18 Councilmember Burns stated he cannot support this item. Councilmember Moser stated her support for a more diverse City Council, and clarified if the intent was to immediately implement this policy, she would not support it. Councilmember McKeon, as an individual with a full-time business and baby at home, stated he is philosophically against this item because he believes in serving the community, and noted he did not seek the position for the pay it provides. Councilmember Kalmick called for a straw vote on proposed Charter amendment Section 302, Compensation, to continue to October 5, 2023, for further discussion and consider whether or not this should be placed on the March 5, 2024, Primary Election ballot. The proposal failed by the following straw vote: AYES: Kalmick, Moser, and Bolton NOES: Van Der Mark, Strickland, McKeon, and Burns Ethics Commission Section 406 Withdrawn (Kalmick) – to be handled by Ordinance. Considered and Failed Sections 300, 401, 406, 407, and 408 Appointed versus Elected Charter Officers - City Attorney, City Clerk and City Treasurer — Councilmember Kalmick introduced his item by stating the polarizing nature of elected positions has potentially broken the government for Huntington Beach, and he understands why there are very few cities that have these elected positions. He suggested that the City Clerk and City Treasurer be appointed by the City Manager, and City Attorney by the City Council. Mayor Pro Tem Van Der Mark stated she would rather continue to let the voters decide who fills these positions. Councilmember Kalmick called for a straw vote on proposed Charter amendment to appoint rather than elect City Attorney, City Clerk and City Treasurer to continue to October 5, 2023, for further discussion and to consider whether or not this should be placed on the March 5, 2024 Primary Election ballot. The proposal failed by the following straw vote: AYES: Kalmick, Moser, and Bolton NOES: Van Der Mark, Strickland, McKeon, and Burns Considered and Failed Section 309, City Attorney Political Participation — Councilmember Kalmick introduced his item by stating he found it odd that the City Attorney campaigned in 2018 and 2022 with a client. Councilmember Kalmick used as an example the City of Oakland (which has an elected City Attorney) text: “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.” He offered this text to de-politicize the system in Huntington Beach. City Attorney Gates stated this is a free speech issue that has yet to be challenged in court, and confirmed with Mayor Strickland that this has nothing to do with his compensation. 109 Council/PFA Special Meeting Minutes September 28, 2023 Page 14 of 18 Councilmember Kalmick objected to the response of City Attorney Gates because the item under consideration is directly related to his position. Mayor Pro Tem Van Der Mark stated that no candidate or elected official gives up their right to free speech. Councilmember Bolton stated her support for the effort to de-politicize a lot of what goes on in Huntington Beach and supports maintaining a strict ethical policy of not allowing campaigning against your client. City Attorney Gates stated for the benefit of disclosing all the information that the client he represents is the City of Huntington Beach, and the City's "Board of Directors" are the Councilmembers. He added if there was any concern about an attorney involved in nefarious or wrong-doing against the client, it could easily be reported to the California State Bar. Councilmember Moser shared her opinion it was the appearance of impropriety. Councilmember Kalmick called for a straw vote on proposed Section 309, City Attorney Political Participation to continue to October 5, 2023, for further discussion and to consider whether or not this should be placed on the March 5, 2024, Primary Election ballot. The proposal failed by the following straw vote: AYES: Kalmick, Moser, and Bolton NOES: Van Der Mark, Strickland, McKeon, and Burns Considered and Failed New Section 408, Office of Legislative Counsel — Councilmember Kalmick introduced his item by stating he sees this proposal as potentially resolving some of the conflict experienced by the previous City Council by allowing the City Attorney to do City Attorney business, and allowing City Council to appoint a legal resource for discussing regulation policy, and things of that nature. Councilmember Bolton stated her support for this proposal. Councilmember McKeon stated at this point this proposal is too muddled to ask the voters to make a decision on it. Councilmember Moser stated she would appreciate having such a resource when deciding whether or not to move forward on certain items. Councilmember Kalmick called for a straw vote on proposed new Section 408 related to providing for an office of legislative counsel to continue to October 5, 2023, for further discussion and to consider whether or not this should be placed on the March 5, 2024, Primary Election ballot. The proposal failed by the following straw vote: AYES: Kalmick, Moser, and Bolton NOES: Van Der Mark, Strickland, McKeon, and Burns Considered and Failed Section 300, City Council, Attorney, Clerk and Treasurer, Term Limits — Councilmember Bolton introduced her item by stating she used to be opposed to term limits to prevent 110 Council/PFA Special Meeting Minutes September 28, 2023 Page 15 of 18 only staff from having expertise and control; however, times have changed and there is now a lot of movement in states to adopt term limits. She added that having term limits tends to address legitimate concerns about corruption, cronyism, and concentrating too much power in the hands of one person. She believes it is more difficult to attract candidates when it appears the position can last for a lifetime. Councilmember McKeon noted that the Attorney, Clerk and Treasurer are paid career positions, whereas Councilmembers do not get paid enough to eliminate another job. Councilmember Burns stated his opinion that term limits already exist in that these office holders are routinely up for election and the people determine whether or not they continue to hold the position. Mayor Strickland related his experience that in Sacramento, before term limits, there was more congeniality, institutional knowledge among the members, a lot more give-and-take, and state government functioned better. He stated his support for the comment made by Councilmember Burns. Councilmember Moser stated she has heard time and again that the people do not want career politicians. Mayor Pro Tem Van Der Mark stated her support for the comment made by Councilmember Burns. Councilmember Bolton called for a straw vote on Section 300, City Council, Attorney, Clerk and Treasurer, Term Limits to continue to October 5, 2023, for further discussion and to consider whether or not this should be placed on the March 5, 2024 Primary Election ballot. The proposal failed by the following straw vote: AYES: Kalmick, Moser, and Bolton NOES: Van Der Mark, Strickland, McKeon, and Burns Considered and Approved Section 312, Council Vacancies, Forfeitures and Replacement — Mayor Strickland noted this item was recently recommended by Mr. Amory Hanson. He stated that for good governance, Councilmember vacancy appointments should last until the next election, not for a full term. Councilman Kalmick clarified this is the same language that was presented in the last proposed Charter amendments, and stated this action would prevent the need for a Primary Election. Councilmember Moser thanked Mr. Hanson for ensuring this issue was re-considered, and stated her support. Mayor Strickland called for a straw vote on Section 312, Council Vacancies, Forfeitures and Replacements continue to October 5, 2023, for further discussion and to consider whether or not this should be placed on the March 5, 2024, Primary Election ballot. The proposal carried by the following straw vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None COUNCILMEMBER ITEMS 111 Council/PFA Special Meeting Minutes September 28, 2023 Page 16 of 18 3. 23-837 Failed — Item Submitted by Councilmembers Kalmick and Moser — 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 Councilmember Kalmick stated this item is a result of the earlier conversation at this meeting regarding the murky legislative record. Explaining that while some points are now moot as Council has already polled the item calling for voter ID, he noted if it had been approved it would substantially alter the duties of the City Clerk and therefore should not be placed on a Primary election ballot. He continued that this effort is to ask the California Attorney General for a legal opinion on interpretation of Election Code Section 1415 that was amended by SB311 in 2011. Councilmember Moser stated her interest in getting the highest-level input possible before making a decision that will cost more money if it is placed on the ballot when it should not have been. Mayor Strickland noted that the California Attorney General represents the State of California and Huntington Beach already has an attorney that represents it, and case law already exists where the California Attorney General lost in court two times with two different cities. Mayor Strickland stated his opposition to this item. City Attorney Michael Gates noted for the record that California Attorney General Bonta is presently suing the City of Huntington Beach in a housing case, and several times has targeted Huntington Beach with his rhetoric. City Attorney Gates stated if the concern is conflict of interest, it seems exceedingly unwise to pursue an opinion from our adversary. Councilmember Moser asked who could provide an opinion who is above the City Attorney, and City Attorney Gates responded that information from the City Attorney's Office has been incredibly clear, and it appears that some Councilmembers just do not like the answer. Councilmember Bolton stated part of the concern is because for the Charter review process in 2022 Council was told they could not put on the Primary Election ballot anything that has to do with employment issues. But now, Council is being advised they can place employment related matters on the Primary Election ballot. City Attorney Gates clarified that the previous process was shepherded by an outside consultant, not by the Office of the City Attorney. Councilmember Kalmick noted that not receiving a written decision or any information to review, analyze or try to understand from the Office of the City Attorney, is what is driving his current concern. In his opinion there has been a lot of "tell", but no "show", regarding this topic. City Attorney Gates stated that the statutes in Election Code Section1415 were specifically cited and read two meetings prior to this. He added if a Council majority would like to see a confidential written opinion, he would do that, but he will not issue legal essays publicly. A motion was made by Kalmick, second Moser to 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. 112 Council/PFA Special Meeting Minutes September 28, 2023 Page 17 of 18 The proposal failed by the following roll call vote: AYES: Kalmick, Moser, and Bolton NOES: Van Der Mark, Strickland, McKeon, and Burns PUBLIC COMMENTS (90-Second Time Limit) — 13 Speakers The number [hh:mm:ss] following the speakers' comments indicates their approximate starting time in the archived video located at http://www.surfcity-hb.org/government/agendas. David Rynerson was called to speak and stated appreciation for at least some amicable discussion this evening, and his opposition to any proposed Charter amendments regarding any non-existent voting issues, and suggested the money would be better spent on voter education. (03:58:38) Tim Geddes was called to speak and shared his opinions on the process and stated his opinion the Council majority's credibility is in tatters regarding the election issue, and it is time to punt on this until the November election, if at all. (04:00:17) Mary Kyle was called to speak and shared her opinion that some comments made by Mayor Pro Tem Van Der Mark and Councilmember Burns demonstrate lack of congeniality, and it appears to her this is not a team effort. She asked the Council to do better. (04:01:32) Wendy Rincon was called to speak and thanked Councilmember McKeon for his independent thinking, and shared her opinions on the performance of various Councilmembers. (04:02:26) Unnamed Guest was called to speak and stated support for Section 302, Councilmember Compensation, and opposition to Section 313, Conflict of Interest, Nepotism as proposed Charter amendments. (04:04:01) Unnamed Guest was called to speak and shared his opinions related to the definition of book bans, agreed that Charter amendments are more permanent and harder to change, shared his perspective on nepotism and on Councilmember compensation. (04:05:37) Unnamed Guest was called to speak and stated there is no place for hate speech in Huntington Beach referring to comments by Councilmember Burns at the September 5th meeting. (04:07:03) Zachary Stevens was called to speak and stated his support for proposed Charter amendments related to voter ID, which flags to allow on government property, and term limits. (04:08:35) Unnamed Guest was called to speak and stated opposition to voter changes and requested that all proposed Charter amendments be listed separately on the ballot. (04:10:10) Unnamed Guest, a 35-year resident, was called to speak and thanked Councilmember McKeon for standing up for what is right, and shared some issues and costs that she believes Redondo Beach faced when they took over their election process. (04:11:16) Harry McLachlan, a resident, was called to speak and stated his opposition to any proposed voting changes. (04:12:49) Unnamed Guest was called to speak and shared her opinions regarding voting and nepotism. (04:13:57) 113 Council/PFA Special Meeting Minutes September 28, 2023 Page 18 of 18 Synde, a resident, was called to speak and shared her concerns related to proper procedures for this meeting, opposition to changing "shall" to "may", and opposition to term limits. (04:15:37) ADJOURNMENT — at 10:16 PM, a motion was made by Burns, second by Kalmick, to adjourn to the next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority on 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 _______________________________________ City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach and Secretary of the Public Financing Authority of the City of Huntington Beach, California ATTEST: ______________________________________ City Clerk-Secretary ______________________________________ Mayor-Chair 114 Minutes City Council/Public Financing Authority City of Huntington Beach Tuesday, October 3, 2023 5:00 PM — Council Chambers 6:00 PM — Council Chambers Civic Center, 2000 Main Street Huntington Beach, California 92648 A video recording of the 5:00 PM and 6:00 PM portions of this meeting is on file in the Office of the City Clerk, and archived at www.surfcity-hb.org/government/agendas/ 5:00 PM - COUNCIL CHAMBERS CALLED TO ORDER — 5:00 PM ROLL CALL Present: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns Absent: None CITY COUNCILMEMBER COMMENTS (3-Minute Time Limit) Councilmember Moser announced Banned Books Week, October 1 – 7, and recognized the work of PEN America (more information can be found at pen.org), and also recognized October as Breast Cancer Awareness Month; Councilmember Burns recognized the successful Pacific Air Show event; and Mayor Pro Tem Van Der Mark thanked public safety personnel for their service during the Pacific Air Show weekend. ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS RELATED TO CLOSED SESSION ITEMS (Received After Agenda Distribution) — None PUBLIC COMMENTS RELATED TO CLOSED SESSION ITEMS (3-Minute Time Limit) — None A motion was made by Burns, with a second by Van Der Mark, to recess to Closed Session. RECESSED TO CLOSED SESSION — 5:04 PM CLOSED SESSION 1. 23-826 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Al Zelinka, City Manager and Melanie Chaney, Chief Negotiator; also in attendance: Jose Rodriguez, Human Resources Manager; Theresa St Peter, Interim Director of Human Resources; Travis Hopkins, Assistant City Manager; Michael E. Gates, City Attorney; Scott Haberle, Fire Chief and Sunny Han, Chief Financial Officer. Employee Organization: The Huntington Beach Firefighters’ Association (HBFA). 115 Council/PFA Minutes October 3, 2023 Page 2 of 13 2. 23-827 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Al Zelinka, City Manager and Melanie Chaney, Chief Negotiator; also in attendance: Jose Rodriguez, Human Resources Manager; Theresa St Peter, Interim Director of Human Resources; Travis Hopkins, Assistant City Manager; Michael E. Gates, City Attorney; Scott Haberle, Fire Chief and Sunny Han, Chief Financial Officer. Employee Organization: Fire Management Association (FMA). 3. 23-840 CONFERENCE WITH LEGAL COUNSEL-LITIGATION (Gov. Code section 54956.9(d)(4).): Number of matters: One (1) - Confer with City Attorney regarding a request to provide Amicus support with regard to The Ohio House, LLC vs. City of Costa Mesa; United States Court of Appeals for the Ninth Circuit Case No. 22-56181; United States District Court for the Central District of California Case No. 8:19-cv- 01710-JVS-GJS 6:00 PM — COUNCIL CHAMBERS RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING — 6:01 PM ROLL CALL Present: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns Absent: None PLEDGE OF ALLEGIANCE — Led by Councilmember Bolton 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. 4. 23-829 Huntington Beach Police Chaplain James Pike CLOSED SESSION REPORT BY CITY ATTORNEY City Attorney Gates reported that by a vote of 7 – 0, the City Council authorized Amicus support through the League of Cities with regard to The Ohio House, LLC vs. City of Costa Mesa; United States Court of Appeals for the Ninth Circuit Case No. 22-56181; United States District Court for the Central District of California Case No. 8:19-cv-01710-JVS-GJS. ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced supplemental communications that were received by her office following distribution of the Council Agenda packet, which were all uploaded to the City's website and Councilmember iPads: Consent Calendar Items #5 (1 Staff Memorandum), #7 (3 email communications), #8 (4 email communications), #12 (1 email communication); Administrative Items #14 (1 email communication), and #15 (8 email communications). 116 Council/PFA Minutes October 3, 2023 Page 3 of 13 PUBLIC COMMENTS (3-Minute Time Limit) — 35 Speakers The number [hh:mm:ss] following the speakers' comments indicates their approximate starting time in the archived video located at http://www.surfcity-hb.org/government/agendas. Luanne Nichols Shoup was called to speak and announced Surf City Arts Fest and Family Arts Day at Central Park right behind Central Library on Saturday, October 7, from 10 AM – 4 PM. (00:12:09) Shammy Dee was called to speak and shared her opinions on misleading information from the Pacific Air Show Financial Impact brochure. (00:13:26) Unnamed Guest, Huntington Beach homeowner, was called to speak and shared her opinions regarding recent actions of City Attorney Gates, and Councilmember actions and decisions. (00:16:43) Nora Pedersen, 37-year resident, was called to speak and shared information about Banned Books Week, October 1 – 7. (00:19:50) Unnamed Guest was called to speak and shared exhibits related to COVID-19, voter fraud, and Mayor Strickland's violations of the Political Reform Act, and asked that Mayor Strickland recuse himself from deliberations regarding proposed election Charter amendments. (00:21:37) Kathy Carrick, 48-year resident, was called to speak and stated her support for placing pornographic and sexually explicit library materials away from the children's section and thanked Mayor Pro Tem Van Der Mark for her efforts on this issue. (00:24:33) Mary Jo Baretich, a 40-year resident, was called to speak and stated her opposition to proposed election Charter amendments and bundling unrelated items on the ballot. (00:27:37) Meg Robinson, a resident, was called to speak and shared her opinion on many broken Councilmember campaign promises as documented by actions taken since being elected. (00:29:56) Unnamed Guest was called to speak and shared her opinion that many of the proposed Charter amendments should be handled through ordinances, and stated her opposition to proposed election Charter amendments. (00:32:26) Pat Goodman, a resident since 1976, was called to speak and shared her opinions related to lack of adequate affordable housing in Huntington Beach. (00:35:09) Carol Daus, 28-year resident, was called to speak and shared her opinions regarding some proposed Charter amendments, and opposition to recent partisan actions of elected Huntington Beach officials. (00:38:23) TJ England, 55-year resident, was called to speak and stated her opposition to the many unnecessary proposed Charter amendments, Councilmembers serving on too many committees, and Administrative Items #15, adoption of Resolution No. 2023-48, the "no mask and no vaccine mandate". (00:41:34) Dennis, a 40-year resident, was called to speak. He objected to being the first person to enter Council Chambers for this meeting, yet there were many speakers called before him. City Clerk Estanislau explained that she accepts Request to Speak prior to the meeting, and that speaker names are called in the order received. Dennis acknowledged the service of Sen. Dianne Feinstein and shared his opinions on divided politics across the nation. (00:44:30) 117 Council/PFA Minutes October 3, 2023 Page 4 of 13 Terry Rose, a 40-year resident, was called to speak and asked that all proposed Charter amendments be listed separately on the ballot and shared her concerns about the safety issues created by e-bikes and skateboards on Utica Street. (00:47:51) Synde Manion, a resident, was called to speak and shared her opinions on Charter Section 705, Special Provisions Relating to Municipal Elections, and asked that Councilmembers put aside their political differences and actually listen to the speakers. (00:49:55) Andrew Einhorn, a resident, was called to speak and requested an external independent investigation of Mayor Pro Tem Van Der Mark's past actions, statements and affiliations to determine the truth. (00:53:04) Neal Kuster was called to speak and stated his opposition to Consent Calendar Item #7 regarding streamlining, consolidating, and/or dissolving a select number of the City's boards, commissions and committees and Council committees, and Administrative Items #15 regarding declaring the City a "no mask and no vaccine mandate" city. He also shared his opinions on the availability of low-income housing, homelessness, and safe cycling options. (00:55:59) Brian Vea, a resident, was called to speak and shared his opinions on various aspects of the awesome Pacific Air Show this past weekend. (00:59:08) Jignesh Padhiar was called to speak and thanked those responsible for the successful Pacific Air Show. He stated support for Administrative Items #15 regarding declaring Huntington Beach a "no mask and no vaccine mandate" city, the proposed Charter amendment requiring voter ID, and moving selected books from the children to adult sections in libraries. (01:00:24) Ann Palmer, a 30+-year resident, was called to speak and thanked Councilmembers for the Charter review process. She also shared her concerns regarding development and asked that plans for the property at Bolsa Chica and Warner Avenue be re-imagined during the zoning change process. (01:03:24) Unnamed Guest was called to speak and thanked everyone responsible for the awesome Pacific Air Show. He stated opposition to proposed Charter amendment changes to Section 313, Conflict of Interest, Nepotism, and his opinions regarding mask mandates. (01:05:43) Tim Geddes, a 40-year resident, was called to speak and stated his opposition to proposed Charter amendments regarding voting and the election process. (01:09:30) Merle Moshiri, a 45-year resident, was called to speak and shared her opinions regarding the importance of the words used for the proposed Charter amendments, and opposition to Councilmembers using divisive terms and not looking out for what is best for all residents. (01:12:08) Jerry Donohue was called to speak and read excerpts from a management editorial piece in the September 13th Orange County Register expressing opinions regarding recent Huntington Beach City Council meetings. (01:15:08) Butch Twining, 58-year resident, was called to speak and stated his support for the proposed Charter amendment on voter ID by citing examples of when ID is required. (01:18:12) 118 Council/PFA Minutes October 3, 2023 Page 5 of 13 Unnamed Guest was called to speak and expressed appreciation for the tremendously successful Pacific Air Show, and shared examples of some results from Make America Great Again (MAGA) efforts. (01:20:52) Kathryn Goddard, a resident since the 1980s, was called to speak and provided examples from her perspective on the problem of newly-elected Councilmembers saying one thing but delivering something else and encouraged Councilmembers to support policies of inclusion rather than policies of exclusion. (01:23:15) David Rynerson, 27-year resident, was called to speak and stated his opposition to allowing use of Pacific Air Show funds and time for a national political candidate. (01:25:53) Jeanne Farrens was called to speak and stated her opposition to all proposed Charter amendments. (01:27:24) Tony Duran, resident, local business owner and HB Downtown Business Improvement District Executive Board member, was called to speak and stated his support for Consent Calendar Item #12 regarding bicycle regulations and offered to assist with developing safe policies. (01:30:34) Sandy Taylor, owner of two Downtown clothing boutiques and HB Downtown Business Improvement District (HBDBID) Board of Directors Vice President, was called to speak and stated she was speaking as an individual in describing the benefits of HBDBID. (01:33:42) Amory Hanson was called to speak and stated his support for Administrative Items #15 regarding declaring the City a "no mask and no vaccine mandate" city. (01:35:07) Ken Inouye, a 50-year resident of Huntington Beach, was called to speak and suggested adopting a strategic and accumulative financial schedule that shows all of the reserves, potential revenues, expenses, and potential liabilities so Councilmembers can make intelligent decisions based upon the financial impact of their decisions, and as a prior CPA, he volunteered to help create the suggested schedule. (01:37:08) Dean Schwartz, a Citizen Advocate for Non-Smokers' Rights, was called to speak and offered to work with Councilmembers to enact smoke-free policies for Huntington Beach. Mayor Pro Tem Van Der Mark asked Mr. Schwartz to complete a blue card for follow-up. (01:39:26) Chris Byrne was called to speak and stated appreciation for the epic Pacific Air Show. He stated support for Administrative Items #15 regarding declaring the City a "no mask and no vaccine mandate" city. (01:42:26) COUNCIL COMMITTEE APPOINTMENT ANNOUNCEMENTS — None AB 1234 REPORTING — None OPENNESS IN NEGOTIATION DISCLOSURES — None CITY MANAGER’S REPORT — None CONSENT CALENDAR (Items 5-12) 119 Council/PFA Minutes October 3, 2023 Page 6 of 13 Mayor Strickland announced that staff pulled Consent Calendar Item #12, Councilmember Kalmick pulled #7, and Councilmember Burns pulled #8 for further discussion. CITY CLERK 5. 23-823 Approved and Adopted Minutes A motion was made by Strickland, second Van Der Mark to approve and adopt the City Council/Public Financing Authority regular meeting minutes of August 1, 2023 approve and adopt the City Council/Public Financing Authority regular meeting minutes of September 5, 2023; approve and adopt the City Council/Public Financing Authority regular meeting minutes of September 19, 2023; and, approve and adopt the City Council/Public Financing Authority special meeting minutes of September 14, 2023. The motion as amended by supplemental communication to remove from consideration the August 1, 2023 minutes, carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None 6. 23-825 Received and Filed September Update of Activities for Citizen Boards, Commissions, Committees (BCCs) and Regional Agencies A motion was made by Strickland, second Van Der Mark to receive and file. The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None CITY MANAGER 7. 23-758 Adopted Ordinances to amend the Huntington Beach Municipal Code to streamline, consolidate, and/or dissolve a select number of the City’s Boards, Commissions, and Committees and Council Committees Ordinance Nos. 4296, 4295, 4298, 4299 approved for introduction September 5, 2023 — Vote: 4–3 (Kalmick, Moser, Bolton – No); Ordinance Nos. 4297, 4300, 4301 approved for introduction September 5, 2023 — Vote: 5–2 (Moser, Bolton – No) Councilmember Kalmick pulled this item to ensure accurate recording of votes. Councilmember Burns suggested changing "July 4th" to "Independence Day" for Ordinance No. 4301, (Part G). After a brief discussion, Mayor Strickland and Councilmembers Burns and Kalmick agreed to leave as is for this vote and asked that staff bring back for full discussion at another time. Councilmember Moser requested more details on the "new Youth Committee" that will replace the Youth Board. She expressed her concern about the continuity of the Junior Citizens Academy which previously began with the school year. Councilmember Moser noted that the Human Relations Committee has been dissolved and the Orange County Hate Crimes Report shows increased hate crimes, hate incidents and anti-LGBTQ activity in Orange County. 120 Council/PFA Minutes October 3, 2023 Page 7 of 13 Assistant City Manager Travis Hopkins and Director of Community and Library Services Ashley Wysocki responded with more details regarding the Youth Civic Leaders Collaborative which is expected to have their first meeting early next year. Director Wysocki confirmed this Collaborative will not be under the Brown "Open Meetings" Act restrictions to allow for more communication between the members. A motion was made by Kalmick, second Strickland to adopt Ordinance No. 4296, "An Ordinance of the City of Huntington Beach repealing Ordinance No. 4168 and delete Chapter 2.104 of the Huntington Beach Municipal Code dissolving the Jet Noise Commission;" adopt Ordinance No. 4295, "An Ordinance of the City of Huntington Beach repealing Ordinance No. 3332 and delete Chapter 2.112 of the Huntington Beach Municipal Code dissolving the Mobile Home Advisory Board;" adopt Ordinance No. 4298, "An Ordinance of the City of Huntington Beach deleting Chapter 2.102 of the Huntington Beach Municipal Code and dissolving the Environmental and Sustainability Board;" adopt Ordinance No. 4299, "An Ordinance of the City of Huntington Beach Amending the Huntington Beach Municipal Code by amending Chapter 2.111 thereof related to Citizen Infrastructure Advisory Board/Public Works Commission"; and approve the official dissolution of the Smart Cities and Technology Council Committee by minute action; adopt Ordinance No. 4297, "An Ordinance of the City of Huntington Beach deleting Chapter 2.108 of the Huntington Beach Municipal Code and dissolving the Huntington Beach Youth Board;" adopt Ordinance No. 4300, "An Ordinance of the City of Huntington Beach amending the Huntington Beach Municipal Code by amending Chapter 2.106 thereof related to Fourth of July Executive Board;" and, adopt Ordinance No. 4301, "An Ordinance of the City of Huntington Beach amending the Huntington Beach Municipal Code by amending Chapter 13.54 thereof related to Specific Events." The motion carried by the following roll call vote for Ordinance Nos. 4296, 4295, 4298, 4299: AYES: Van Der Mark, Strickland, McKeon, and Burns NOES: Kalmick, Moser, and Bolton The motion carried by the following roll call vote for Ordinance Nos. 4297, 4300, 4301: AYES: Kalmick, Van Der Mark, Strickland, McKeon, and Burns NOES: Moser, and Bolton COMMUNITY DEVELOPMENT 8. 23-581 Denied Resolution No. 2023-39 authorizing the acceptance of $325,000 in grant funds from the California Department of Cannabis Control (DCC) to assist in the development of a cannabis retail access program. Councilmember Burns pulled this item to ensure that each recommended action is voted on separately. Councilmember Kalmick noted this planning grant doesn't require a commitment of any kind, and there is support for legalization and taxation of retail and non-retail cannabis within Huntington Beach. He stated appreciation for staff efforts to quickly process the paperwork for this grant and believes these funds will help determine the best policy for moving forward. There was discussion on the history of voter decisions to this point. Councilmember Kalmick noted that retail cannabis tax could potentially help shore up projected deficits, and this grant will provide resources to allow voters to approve or not the program Council develops. 121 Council/PFA Minutes October 3, 2023 Page 8 of 13 Councilmember McKeon stated his opposition to accepting these funds because he believes the process to get to this point was disingenuous by asking voters a hypothetical question. Mayor Pro Tem Van Der Mark stated she would like the community to first determine if they want cannabis sales before moving forward and accepting any taxpayer funds. A motion was made by Kalmick, second Burns to adopt Resolution No. 2023-39, "A Resolution of the City Council of the City of Huntington Beach Authorizing the Acceptance of Funds from the Department of Cannabis Control (DCC) from the Cannabis Local Jurisdiction Retail Access Grant" and appropriate the $325,000 grant award." The motion failed by the following roll call vote: AYES: Kalmick, Moser, and Bolton NOES: Van Der Mark, Strickland, McKeon, and Burns A motion was made by Strickland, second Van Der Mark to formally dissolve the City Council Cannabis Ad-Hoc Committee. The motion carried by the following roll call vote: AYES: Van Der Mark, Strickland, McKeon, and Burns NOES: Kalmick, Moser, and Bolton PUBLIC WORKS 9. 23-749 Approved Fifth Amendment to the West Orange County Water Board Joint Powers Agreement allowing member agencies to designate up to two alternate members to the Board of Directors. A motion was made by Strickland, second Van Der Mark to approve and authorize the Mayor and City Clerk to execute the Fifth Amendment to the WOCWB Joint Powers Agreement. The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None 10. 23-770 Accepted the lowest responsive and responsible bid and authorized execution of a construction contract with A2Z Construct Inc. in the amount of $117,600.00 for the Central Library Lower Level Restroom ADA Improvements, CC-1658 A motion was made by Strickland, second Van Der Mark to accept the lowest responsive and responsible bid submitted by A2Z Construct Inc. in the amount of $117,600; and authorize the Director of Public Works to execute change orders not to exceed 20% of the contract costs, or $23,520. Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None 122 Council/PFA Minutes October 3, 2023 Page 9 of 13 11. 23-784 Approved and authorized execution of Professional Service Contract with Iteris, Inc. in the amount of $646,136.00 for the Valley View Street/ Bolsa Chica Street RTSSP Project, CC-1622 A motion was made by Strickland, second Van Der Mark to approve and authorize the Mayor and City Clerk to execute a Professional Service Contract between the City of Huntington Beach and Iteris, Inc. for the Valley View Street/ Bolsa Chica Street RTSSP Project, CC-1622, in an amount not to exceed $646,136. The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None POLICE 12. 23-824 Adopted Emergency Ordinance No. 4304 amending Huntington Beach Municipal Code (HBMC) Chapter 10.84 relating to bicycle regulations *5 Affirmative Votes are required to adopt Emergency Ordinance No. 4304 per City Charter Section 501 City Attorney Michael Gates stated this item was pulled because it should not be part of the Consent Calendar and noted that as an emergency ordinance, five (5) affirmative votes are required for adoption. He confirmed the ordinance was not changed, but findings were added to support the change to emergency status and if approved, the ordinance becomes effective immediately. Councilmembers Kalmick and Bolton expressed appreciation for staff efforts to bring this back as an emergency ordinance and Councilmember Bolton briefly reviewed the findings. A motion was made by Kalmick, second Strickland to after City Clerk reads by title, adopt Emergency Ordinance No. 4304, "An Emergency Ordinance of the City Council of the City of Huntington Beach Amending Chapter 10.84 of the Huntington Beach Municipal Code Relating to Bicycle Regulations." The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None PUBLIC HEARING 13. 23-787 Public Hearing Held — Adopted Resolution No. 2023-38 approving an Annual Assessment within the Huntington Beach Downtown Business Improvement District (District) for Fiscal Year (FY) 2023-2024 Councilmember Kalmick announced that out of an abundance of caution, because one of his clients submitted a protest letter, he recused himself from this discussion and left the room. Kriss Casanova, Economic Development Manager, presented a PowerPoint communication titled Public Hearing to consider adoption of Resolution No. 2023-38 approving an Annual Assessment within the 123 Council/PFA Minutes October 3, 2023 Page 10 of 13 Huntington Beach Downtown Business Improvement District for Fiscal Year 2023-2024 with slides entitled: Background; The District; HB Downtown; FY 23-24 Annual Report; FY 22-23 Highlights; FY 23- 24 Activities; Budget (Income); Budget (Expenses); Assessment Breakdown; Public Hearing; Recommendation; and Questions? Councilmember McKeon and staff discussed some details regarding the budget change for the Surf City Artisan Fair of –$42,000. Councilmember McKeon asked how many vendors participate and noted the previous operator had contracts with 57 vendors, with a wait list. Ms. Jaime Strong, Huntington Beach Downtown Business Improvement District Executive Director, stated there is currently a maximum of 45 vendors, and time of year influences the number of vendors. Over the summer there was an average of 35 to 40 vendors. She stated she would review maps possibly showing changes in available space and noted this year's holiday season will provide more space where the ice rink was placed in the past. Councilmember McKeon encouraged efforts to maintain vendor capacity, and noted this is one way to increase revenues. Mayor Strickland opened the Public Hearing for approval of the Downtown Business Improvement District Annual Assessment for Fiscal Year (FY) 2023–2024. City Clerk Robin Estanislau announced that if written protests are received from the owners of businesses in the District which will pay 50 percent or more of the assessments proposed to be levied, no further proceedings to renew the District or to levy the proposed assessment shall be taken for a period of one year from this date. If the majority protest is only against a specified type or types of improvement or activity within the area, those types of improvements or activities shall be eliminated. City Clerk Estanislau announced there were no speakers. Mayor Strickland closed the Public Hearing. City Clerk Estanislau announced that if the protests total less than fifty percent (50%) of the total assessment amount, the City Council can approve the renewal of the District. If more than fifty percent (50%) of the total assessment is protested, the City Council cannot approve the renewal of the District or consider it further for one year. City Clerk Estanislau reported that the percentage of assessments protested for the Downtown BID is 9.1%, or $9,594 of the $115,245 projected assessment amount. Protests were received from twenty-one (21) businesses, with one duplicate, of the 257 businesses in the Business Improvement District. However, four (4) protests totaling $2,808 could not be validated as being signed by the owner or designated agent of the entity. If included, that would increase the total percentage of protests to 12.1%. A motion was made by Strickland, second Burns to conduct the Public Hearing; and, if written protests of at least 50% or more of the total assessments are not received, adopt Resolution No. 2023-38, "A Resolution of the City Council of the City of Huntington Beach Approving an Annual Assessment within the Huntington Beach Downtown Business Improvement District for Fiscal Year 2023-2024." The motion carried by the following roll call vote: AYES: Moser, Van Der Mark, Strickland, Bolton, and Burns NOES: McKeon 124 Council/PFA Minutes October 3, 2023 Page 11 of 13 RECUSE/OUT OF ROOM: Kalmick ADMINISTRATIVE ITEMS 14. 23-786 Adopted Resolution No. 2023-46 adopting the 2023-2027 Strategic Plan Al Zelinka, City Manager, Travis Hopkins, Assistant City Manager, and Carol Jacobs, Managing Director with Baker Tilly, LLP, City Consultant, presented a PowerPoint communication titled Resolution No. 2023-46: Consider Adoption of the FY 2023-2027 Strategic Plan with slides entitled: Strategic Planning Process (2023); Why Strategic Planning?; Big Rock Theory; How Management Allocates Time; Strategic Planning Workshop; Strategic Plan Framework & Goals (2); 8 Overarching Goals; Economic Development; Fiscal Stability; High Performing Organization (3); Homelessness; Housing; Infrastructure Investment (2); Public Engagement (2); Public Safety; Implementation Action Plan; Transparency and Accountability; and Recommendation. Councilmember Bolton asked that objective and concrete metrics be used to determine the success indicators, using as an example "High Performing Organization" to determine if the workforce is engaged, and asked if that will be based on Customer Service surveys and/or employee surveys. City Manager Zelinka replied that as staff proceeds through the implementation action plan it will include developing the Key Performance Indicators (KPIs) and other appropriate measures to determine how the workforce is doing in an objective manner. Councilmember Moser noted her personal interest in successfully addressing housing needs with the objective of providing proactive programs to address diverse housing needs in the City's jurisdiction. She stated the listed strategy of "take action to maintain local control of land-use planning" isn't going to properly address this issue. She shared her concern that a Housing Element is not stated anywhere in the Strategic Plan, and suggested that be added to Goal 5 — Housing, and added that having a certified Housing Element would be an indicator of success. Mayor Strickland confirmed with City Manager Zelinka that the Strategic Plan contains the items that received a Council majority straw vote. Mayor Strickland expressed thanks and appreciation to everyone involved in the Strategic Plan process. A motion was made by Burns, second Strickland to adopt Resolution No. 2023-46, "A Resolution of the City Council of the City of Huntington Beach Adopting the 2023-2027 Strategic Plan". The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None 15. 23-756 Adopted Resolution No. 2023-48 declaring the City of Huntington Beach a "No Mask and No Vaccine Mandate City’" City Manager Zelinka provided a history and summary of this resolution. Mayor Pro Tem Van Der Mark shared the importance of standing up for the rights of individuals and businesses, and noted this is a pre-emptive effort to ensure such draconian measures are not repeated in Huntington Beach. She stated that the Huntington Beach Police and Fire Chiefs are capable of 125 Council/PFA Minutes October 3, 2023 Page 12 of 13 determining whether or not masks may be required for officers, and it is her belief that whether or not to be vaccinated is a personal decision which should not be mandated by someone else. Councilmember Kalmick shared his opinion this resolution is virtue signaling, tilting at shadows and puts Huntington Beach in a precarious position regarding public health. Further, he stated he believes that eventually this action will go into the archives as failed public policy. Councilmember Bolton shared her opinion that some of the assertions made to support this resolution are incorrect. She noted that no specific data or analysis has been provided to support the statement: "... a retrospective analysis has shown that government responses to COVID-19 were not convincingly or compellingly supported by medical or scientific evidence ...". Councilmember Bolton stated she cannot support a document filled with inaccuracies and internal inconsistencies. Mayor Strickland responded there were mandates from federal, state and county governments, and it is his belief that government officials should consider the macro impact to the economy. He noted closing down businesses caused many local business owners to lose life savings and also created state-wide deficits. He further noted that the state made cuts in healthcare funding to cover the deficits because public safety and education are protected. Mayor Strickland thanked Mayor Pro Tem Van Der Mark for making the statement that Huntington Beach will stand against the mistakes of the past. Councilmember Moser shared her opinion this is purely political theatre, and bringing this down to the micro level reveals the lives lost to COVID-19. She also noted the City and this Council do not regulate health policy for any hospital, school, or business. Mayor Pro Tem Van Der Mark agreed that many people died from COVID-19, and noted that also many more died from suicide because of depression from not being allowed to earn a living, or be with family members, or because they lost their business when forced to close it. She noted that Hawaii actually had more people die from suicide than from COVID-19. A motion was made by Van Der Mark, second Strickland to adopt Resolution No. 2023-48, "A Resolution of the City Council of the City of Huntington Beach, California, Declaring the City of Huntington Beach a "No Mask and No Vaccine Mandate City" The motion carried by the following roll call vote: AYES: Van Der Mark, Strickland, McKeon, and Burns NOES: Kalmick, Moser, and Bolton ADJOURNMENT — at 8:59 PM a motion to adjourn was made by Burns, second by Van Der Mark, to a special meeting of the Huntington Beach City Council/Public Financing Authority on Thursday, October 5, 2023, at 6:00 PM in the Civic Center Council Chambers, 2000 Main Street, Huntington Beach, California. The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Tuesday, October 17, 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 126 Council/PFA Minutes October 3, 2023 Page 13 of 13 _______________________________________ City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach and Secretary of the Public Financing Authority of the City of Huntington Beach, California ATTEST: ______________________________________ City Clerk-Secretary ______________________________________ Mayor-Chair 127 Minutes City Council/Public Financing Authority City of Huntington Beach Special Meeting Thursday, October 5, 2023 6:00 PM — Council Chambers Civic Center, 2000 Main Street Huntington Beach, California 92648 A video recording of this meeting is on file in the Office of the City Clerk, and archived at www.surfcity-hb.org/government/agendas/ 6:00 PM — COUNCIL CHAMBERS CALLED TO ORDER — 6:00 PM ROLL CALL Present: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns Absent: None City Attorney Gates requested permission to be absent pursuant to City Charter Section 309(d), and Acting Chief Assistant City Attorney Paul D'Alessandro attended this meeting in his place. PLEDGE OF ALLEGIANCE — Led by Councilmember McKeon 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 or form of invocation. 1. 23-813 Huntington Beach Police and Fire Chaplain James Pike ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced supplemental communications that were received by her office following distribution of the Council Agenda packet, which were all uploaded to the City's website and Councilmember iPads: Administrative Items #2 (76 email communications, and 1 letter) PUBLIC COMMENTS (90-Second Time Limit) — 41 Speakers The number [hh:mm:ss] following the speakers' comments indicates their approximate starting time in the archived video located at http://www.surfcity-hb.org/government/agendas. 128 Council/PFA Special Meeting Minutes October 5, 2023 Page 2 of 10 Shirley Dettloff, resident since 1964 and Mayor in 1997, was called to speak, requesting that the process for placement of proposed Charter amendments on the March 5, 2024 ballot be abandoned and replaced by creation of a Charter Review Committee composed of citizens before proceeding. (00:03:56) Shammy Dee was called to speak and shared her opinions on the proposed Charter amendments regarding elections which she believes would result in voter suppression if implemented. (00:05:39) Terry Rose was called to speak and stated her opposition to the proposed Charter amendments and suggested the creation of a Charter Review Committee composed of citizens and the Council minority before proceeding. (00:07:19) Paul Horgan, a resident, was called to speak and stated his opposition to proposed Charter amendment Section 105, Special Provisions Relative to Municipal Elections. (00:08:50) Unnamed Guest was called to speak and stated his opposition to the proposed Charter amendments for the March 5, 2024 election. (00:09:40) Mary Ann Celinder, a resident of 48 years, was called to speak and stated opposition to all of the proposed Charter amendments for the March 5, 2024 election. (00:11:17) Luanne Shoup was called to speak and stated support for the proposed amendment to require voter ID. (00:12:27) Diane Bentley, a 22-year resident, was called to speak and stated opposition to proposed Charter amendments regarding municipal elections. (00:13:40) Laura Sire was called to speak and thanked Councilmembers Bolton, Kalmick and Moser for consistently standing for all residents, and stated opposition to proposed Charter amendments regarding municipal elections. (00:15:09) Synde Manion, a resident, was called to speak and recommended the National Council of State Legislators (NCSL.ORG) website for accurate information about voter ID requirements across the United States. (00:16:50) Pat Goodman was called to speak and stated her opposition to proposed Charter amendments related to municipal elections and flags on government property and played a 2012 public service video of Tito Ortiz encouraging people to volunteer with the Orange County Registrar of Voters. (00:19:06) Mary Jo Baretich was called to speak and stated her opposition to proposed Charter amendments regarding voter ID for elections and asked that unrelated items not be bundled on the ballot. (00:20:45) David Rynerson, 27-year resident, was called to speak and stated opposition to all proposed Charter amendments except for Measure "C" and asked that Councilmembers focus on what is good for all residents. (00:22:18) Dennis, a long-time resident, was called to speak and asked that the proposed Charter amendment list both Primary and General Elections as voter opportunities to fill Council vacancies, and voiced opposition to any Measure "C" changes. (00:23:40) T.J. England was called to speak, shared concerns about nepotism and stated opposition to proposed Charter amendments regarding municipal elections. (00:25:19) 129 Council/PFA Special Meeting Minutes October 5, 2023 Page 3 of 10 Unnamed Guest was called to speak and expressed his appreciation to Councilmember McKeon for breaking the majority vote on a couple of issues, and asked that he use his laser focus to determine potential election costs as he did last week in discussing the reduced income for the Art Fair. (00:26:58) Mary Kyle, 25-year resident, was called to speak and stated opposition to the proposed Charter amendment regarding voter ID. (00:27:53) Unnamed Guest, a resident since 1985, was called to speak and stated opposition to proposed Charter amendments regarding municipal elections and asked that each proposed Charter amendment stand on its own for the March 5, 2024 Primary Election ballot. (00:29:29) Ann Palmer, 30+-year homeowner, was called to speak and asked that Measure "C", 612(c)(7) regarding playgrounds, be restricted to ten percent (10%) within a ten-year period with a cap of one-hundred percent (100%) growth from date of resolution in perpetuity. (00:30:49) Unnamed Guest was called to speak and stated opposition to all proposed Charter amendments and asked that the Councilmembers begin focusing on solutions to crime and affordable housing. (00:32:18) Connie Boardman, former Mayor and Councilmember, was called to speak and stated opposition to the proposed Charter amendment regarding flags allowed on City facilities because of the "unanimous" vote requirement. She announced a grassroots effort to defeat proposed amendments they deem harmful: protecthb.org (00:35:09) Mark Tonkovich, a resident, was called to speak and stated his support for proposed Charter amendments regarding voter ID. (00:35:13) Tim Geddes, a 40-year resident, was called to speak and shared his opinion that the Council majority is failing to adequately plan for the proposed Charter amendments regarding municipal elections. (00:36:40) Unnamed Guest was called to speak and asked why Council is proposing a flag flying Charter amendment when they can't even impose the flag ordinance that exists as evidenced by the flying of the Canadian and Australian flags this past weekend for the Pacific Air Show. (00:38:13) Kathryn Goddard, a resident, was called to speak and asked her fellow voters to do their homework, pay attention and do their research in preparation for the March 5, 2024, Primary Election. (00:39:21) Ken Inouye, a 50-year resident, was called to speak and shared some financial facts from the recently approved 2023–2024 Budget, requested that Councilmembers look at the facts and oppose proposed Charter amendments regarding municipal elections. (00:40:56) Unnamed Guest was called to speak and reiterated his list of actions that require individuals have an ID in response to an email that Councilmember Kalmick sent regarding the "disingenuous" list Mr. Twining presented at the previous Special Meeting. (00:42:14) Unnamed Guest was called to speak and shared his opinions regarding flying flags at the Pacific Air Show, and noted the American flag represents all Americans. (00:43:52) 130 Council/PFA Special Meeting Minutes October 5, 2023 Page 4 of 10 Harry McLachlan, a resident, was called to speak and stated opposition to proposed Charter amendment regarding flying of flags on municipal property unless "unanimous" vote is replaced with "majority" vote. (00:45:25) Julia Gomez, Staff Attorney, ACLU, Southern California, was called to speak and stated opposition to adding Section 705 to the Charter as presented in a letter sent earlier today dated October 5, 2023. (00:46:41) Senator Dave Min was called to speak and shared his concerns about proposed Charter amendment Section 705. As outlined in his letter of August 1, 2023, he stated it is illegal to propose anything that interferes with county, state or federal elections, and it will end up being very costly for the taxpayers if this proposal goes forward. (00:48:22) Unnamed Guest was called to speak and stated his opposition to the proposed Charter amendment on nepotism. (00:49:50) Jeanne Farrens was called to speak and thanked Councilmember McKeon for being responsible and bringing the Charter review process out from behind closed doors and being open to reconsidering his positions on proposed amendments. She stated her opposition to the proposed Charter amendments regarding municipal elections. (00:52:10) Amory Hanson was called to speak and stated his support for a new Charter amendment requiring a Special Election in the case of a City Council vacancy. (00:53:46) David Cowen, a 35-year resident, was called to speak and stated his opposition to proposed Charter amendments related to municipal voting and bundling amendments for the ballot. (00:54:38) Unnamed Guest was called to speak and stated her opposition to any proposed Charter amendment related to municipal elections. (00:56:11) Briana Lee was called to speak and stated her opposition to any proposed Charter amendment related to municipal elections. (00:57:49) Hera Poon, Huntington Beach High School Junior, was called to speak and stated opposition to any proposed Charter amendment related to municipal elections. (00:59:22) Dina Chavez was called to speak and stated her opposition to banning library books. (01:00:41) Perry Clitheroe was called to speak and stated his opposition to any proposed Charter amendment related to municipal elections. (01:01:53) Valentina Bankhead, a resident, was called to speak and stated her support for the proposed Charter amendments. (01:03:14) ADMINISTRATIVE ITEMS 2. 23-844 Held City Council discussion for potential Charter amendments to be considered for the March 5, 2024, Statewide Primary Election Councilmember Kalmick clarified the process for moving ahead with Mayor Strickland which involves an official roll call vote tonight on which proposed Charter amendments have a Council majority, followed by 131 Council/PFA Special Meeting Minutes October 5, 2023 Page 5 of 10 a roll call vote on how the approved proposed amendments are to be bundled for the ballot, then a final vote to direct staff to return on October 17 with language for submittal to the ROV for City Council consideration. Biennial Budget A motion was made by Strickland, second Burns to approve proposed Biennial Budget (Sections 401(b), 601, 602, 603, 604, 605) changes for March 5, 2024, ballot. The motion carried by the following vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, and Burns NOES: Bolton Election Procedures Mayor Pro Tem Van Der Mark, speaking as a person of Hispanic heritage, noted how offensive it is to hear that poor people or people of color are not capable of getting an ID. Councilmember McKeon noted the wording change in these proposals from "shall" to "may" will provide the opportunity for acting, or not, on the election proposals. Councilmember Kalmick referenced the ACLU letter which noted the change in wording from "shall" to "may" does not protect the proposed Charter amendment from being illegal because of conflict with state law. He also noted that "ADA" is not defined anywhere when it comes to describing ADA-compliant polling locations. Acting Chief Assistant City Attorney D'Alessandro confirmed if this item is approved, Americans with Disabilities Act would be spelled out, as well as consideration of whether or not California could approve even stricter requirements. Mayor Strickland confirmed with Acting Chief Assistant City Attorney D'Alessandro that the City Attorney’s Office believes the State Constitution provides the City authority over local elections. Councilmember Moser asked if any Councilmembers who received voter questions about potential voter fraud had reached out to the Registrar of Voters. Councilmember McKeon responded that this item is not about voter fraud, but an opportunity to increase faith in elections and increasing voter turnout. Councilmember Moser shared her opinion it is disingenuous to say this will increase voter turnout when the opposite is most likely to happen, and she believes it will also place the City in potential legal jeopardy in a number of ways. An Ami Horowitz Digital Short video was played at the request of Mayor Pro Tem Van Der Mark which compared how people on the street responded to questions related to voter ID in Berkeley, California and East Harlem. Councilmember Kalmick noted there are actual researched reports that document how difficult it is for poor people to get IDs, regardless of what this anecdotal video shows. 132 Council/PFA Special Meeting Minutes October 5, 2023 Page 6 of 10 A motion was made by Strickland, second Burns to approve new Charter Sections 702 — Procedure for Holding Elections, and 705 — Special Provisions Relating to Municipal Elections for March 5, 2024, ballot. Councilmember Kalmick stated his reasons for not moving forward on any further proposed Charter amendments at this time, and suggested the November 8, 2024, election as more appropriate when elected official positions will be on the ballot. Councilmember Bolton shared facts she researched related to voter ID, control of polling places, lack of language help for people who are not native English speakers and the unknown costs to implement as her reasons to oppose this item. A substitute motion was made by Kalmick, second Bolton to table all Charter amendments until 2024 and direct staff to return with recommendations for the best way to gain public input for Measure "C" for the next City Council meeting on October 17, 2023. The substitute motion failed by the following vote: AYES: Kalmick, Moser, and Bolton NOES: Van Der Mark, Strickland, McKeon, and Burns The motion made by Strickland, second Burns to approve new Charter Sections 702 — Procedure for Holding Elections, and 705 — Special Provisions Relating to Municipal Elections for March 5, 2024, ballot, carried by the following vote: AYES: Van Der Mark, Strickland, McKeon, and Burns NOES: Kalmick, Moser, and Bolton Display Of Flags Councilmember Bolton stated her opinion there is no need to place this item in the Charter as there already exists an ordinance which can be easily changed by Councilmembers. She added that the only reason she voted against the Biennial Budget is because of the illegitimate process being used. Councilmember McKeon, speaking as a member of the former Charter Review Commission, noted that the public did not show up for Commission meetings to observe or participate in the discussion, except for those interested in placing a mobile home issue on the ballot. He believes the current process has provided much more transparency. Regarding the display of flags, he noted the proposed amendment states "... the City shall only fly or display at or on any of the City’s properties the following flags: ..." It does not state permit holder, or private company, or private residence. A motion was made by Strickland, second Burns to approve new Charter Section 806. Display of Flags for March 5, 2024, ballot. The motion carried by the following vote: AYES: Van Der Mark, Strickland, McKeon, and Burns NOES: Kalmick, Moser, and Bolton Conflict Of Interest, Nepotism 133 Council/PFA Special Meeting Minutes October 5, 2023 Page 7 of 10 Councilmember Bolton stated she is interested in prohibiting cronyism, or participating in any employment decision that may be viewed as a conflict of interest such as involving a close friend, a business partner, and/or professional political or commercial relationship that would lead to preferential treatment or compromise the appearance of fairness. This policy should apply to all elected officials in Huntington Beach. Councilmember McKeon stated he believes this topic is already covered in the Charter and creating a new Charter amendment is not necessary. A motion was made by Bolton, second Kalmick to approve new Charter Section 313. Conflict of Interest, Nepotism. The motion failed by the following vote: AYES: Kalmick, and Moser NOES: Van Der Mark, McKeon, and Burns ABSTAIN: Strickland, and Bolton 2022 Measure L - Council Vacancies; Cancellation of Meetings Staff confirmed they removed reference to changing the title of Mayor Pro Tem from Measure L and stated the updated language in Council Vacancies Section 312 needs to be updated to reflect “four affirmative votes” in the Vacancy Section. A motion was made by Strickland, second Kalmick to approve 2022 Measure L/Council Vacancies (as amended with exclusions and discrepancies in Sections 303 and 312 incorporated) / Cancellation of Meetings (Sections 300, 303, 304, 311, 312, 400, 601, 604, 801, 804) for March 2024 Ballot. The motion carried by the following vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, and Burns NOES: None ABSTAIN: Bolton Measure “C” Councilmember McKeon thanked staff for working on this complicated issue, and stated his support for continued effort at City Council meetings over the coming months to include input from the residents who initially proposed Measure "C". Director Wysocki presented a brief overview of the proposed changes to date for Measure “C”. Councilmember Moser stated her support for Councilmember McKeon's recommendation to continue review of Measure “C”, however she would like to see this addressed through special Measure “C” Review meetings with a professional facilitator. Councilmember Burns suggested asking the Community and Library Services Commission to review and return through a Study Session with their recommendations. Councilmember Kalmick recommended moving forward by starting with community input, including the Community and Library Services Commission review and then revisiting at a Study Session 134 Council/PFA Special Meeting Minutes October 5, 2023 Page 8 of 10 By consensus, with no objections, Councilmembers agreed to table Measure "C" (Section 612) to be considered at a later date. Bundle Proposed Charter Amendments A motion was made by Strickland, second Burns to bundle amendments into 3 Measures: 1) Sections 702 and 705 — Elections; 2) Section 806 — Display of Flags; and 3) Former 2022 Measure L items (including amended language for Section 303, Cancellation of Meetings and Section 312, Vacancies) and Section 401 (b), 601-605 — Biennial Budget for March 5, 2024, ballot The motion carried by the following vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, and Burns NOES: Bolton Direct Staff A motion was made by Strickland, second Burns to direct the City Attorney and City staff to prepare and return ballot measure language on approved amendments and all other materials required for submittal to the ROV for City Council consideration at the regular meeting on October 17, 2023. The motion carried by the following vote: AYES: Van Der Mark, Strickland, McKeon, and Burns NOES: Kalmick, Moser, and Bolton PUBLIC COMMENTS (90-Second Time Limit) — 20 Speakers The number [hh:mm:ss] following the speakers' comments indicates their approximate starting time in the archived video located at http://www.surfcity-hb.org/government/agendas. Unnamed Guest was called to speak and shared his opinion this process was just a sham. (02:03:10) Tim Geddes, a 40-year resident, was called to speak and shared his disappointment in this process and lack of proper direction from City Attorney Michael Gates. (02:03:37) Unnamed Guest was called to speak and thanked Councilmember Bolton for her proposed items and shared his opinions on the proposed Flags Charter amendment. (02:04:32) Synde Manion, a resident, was called to speak and shared her disappointment at how the Council majority plowed through the process and obviously didn't listen to a majority of residents. (02:05:16) Unnamed Guest was called to speak and shared his personal experience for the process and cost to get an ID as a white guy. (02:06:33) Mary Kyle was called to speak and stated her opposition to the proposed Flags Charter amendment. (02:08:05) Unnamed Guest was called to speak and shared her opinion this whole process is flawed from the beginning. (02:09:34) 135 Council/PFA Special Meeting Minutes October 5, 2023 Page 9 of 10 Unnamed Guest was called to speak and stated she would like to see respect returned by Councilmembers and see them focused on protecting all citizens of Huntington Beach. (02:10:23) Unnamed Guest was called to speak and stated her opposition to the proposed Charter amendment related to elections. (02:11:39) Unnamed Guest was called to speak and shared examples of racism from the previous generations that might have material impacts on people even today. (02:12:25) Harry McLachlan, a resident, was called to speak and stated Councilmembers failed to listen to a majority of their constituents, and in fact acted against them. He thanked Councilmembers Bolton, Kalmick and Moser for using intelligence and reason during these discussions. (02:14:04) Ann Palmer, over 30-year resident, was called to speak and thanked Mayor Strickland for allowing public discourse and noted that these proposed Charter amendments will ultimately return to the public for their vote. She also stated her support for voter ID and e-verify. (02:14:59) Unnamed Guest was called to speak and thanked Mayor Strickland, Mayor Pro Tem Van Der Mark and Councilmembers Burns and McKeon for standing up to the fire. (02:16:31) Ken Inouye was called to speak and asked Councilmembers why they support spending taxpayer money on a proposed election Charter amendment when in his opinion it is not needed. (02:17:55) Pat Goodman was called to speak and stated opposition to the proposed voter ID and flags Charter amendments. (02:18:44) Laura Sire was called to speak and stated her opposition to the proposed Charter amendment related to elections. (02:20:19) Unnamed Guest was called to speak and suggested returning to the days of fingerprint and paper ballot to eliminate opportunity for election fraud. (02:21:20) Shirley Dettloff was called to speak and shared her opinion if the process had started properly with a citizen Charter Review Committee it would not have resulted in the division and potential expense which she believes ultimately will negatively affect business and tourism. (02:22:01) Unnamed Guest was called to speak and shared her opposition to the proposed Charter amendment related to elections. (02:23:49) Valentina Bankhead was called to speak and stated her support for the proposed Charter amendments that will benefit all residents. (02:25:13) ADJOURNMENT — At 8:27 PM a motion was made by Strickland, second by Burns, to adjourn to the next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority on Tuesday, October 17, 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 136 Council/PFA Special Meeting Minutes October 5, 2023 Page 10 of 10 _______________________________________ City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach and Secretary of the Public Financing Authority of the City of Huntington Beach, California ATTEST: ______________________________________ City Clerk-Secretary ______________________________________ Mayor-Chair 137 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-775 MEETING DATE:10/17/2023 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:Grace Yoon-Taylor, Principal Management Analyst Javier Ballesteros, Sr. Information Technology Analyst Subject: Approve and Authorize execution of a Professional Services Agreement with IK Consulting, LLC for the Accela Citizen Access online permitting system improvement project and on-call project support services Statement of Issue: The City has implemented the Accela Citizen Access (ACA) online permit and application processing system that is available to the public 24 hours a day, 7 days a week. This new virtual platform provides automated online access to eight City Permitting functions. This system allows customers (residents, businesses, contractors and developers) to experience a streamlined process of submitting permit applications, checking the application status, performing payments, receiving permits, requesting inspections, and receiving final permit approvals. Since its launch, City staff has identified additional areas of improvements and online public access opportunities. The proposed on-call services contract with IK Consulting, LLC will provide the technical professional services needed to implement important upgrades and other future modifications. Financial Impact: The contract amount is not-to-exceed $400,000 for three years. Sufficient appropriations are available to fund the first year of the contract under the Fiscal Year 2023/24 Operating Budget, Non- Departmental Equipment Replacement’s Business Unit 32440217.69365. Funding for Year 2 and Year 3 will be identified and included in subsequent years’ budgets. Recommended Action: Approve and authorize the Mayor and City Clerk to execute “Professional Services Contract between the City of Huntington Beach and IK Consulting, LLC for Project Management and Implementation Services.” City of Huntington Beach Printed on 10/12/2023Page 1 of 3 powered by Legistar™138 File #:23-775 MEETING DATE:10/17/2023 Alternative Action(s): Do not approve the contract, and direct staff accordingly. Analysis: Background The City has completed a five-year long effort developing and implementing the Accela Enterprise Land Management (ELM) system that has provided an online permit and application processing system that is available to the public 24 hours a day, 7 days a week. This new virtual platform provides automated online access to eight City Permitting functions including within Building, Code Enforcement, Business License, Fire Department permits and inspections, Engineering permits and inspection, Urban Runoff permits and inspections, and online payment processing. The Accela ELM system has enabled the City with multi-departmental integration, instant status updates, application submittals, inspection scheduling, and historical records research. By signing up through the ACA portal, customers can request permits, complete payments, check status updates, receive permits, request inspections, receive final permit approvals, and download relevant records such as Certificates of Occupancy - all electronically at any time. As a result, in Fiscal Year 2022/2023, Planning Division has reduced in-person visits to City Hall by 80% compared to pre- pandemic levels, by allowing 99% of all services to be available online. For this multi-phased, cross-department project development and implementation, the City entered into a professional services contract with IK Consulting, LLC in 2019 in an amount of $180,000 for their technical services. The contract was amended in 2020 to provide on-call services up to $300,000 for an additional scope of work that included but not was limited to continued system and functionality improvements for City staff and enhanced customer online access of documents and functions across multiple permit applications. This contract expired on September 2, 2023. Scope of Work for the City’s Needs Accela ELM System Upgrade to Production System The Accela ELM system requires a systemwide upgrade to stay current with technology and provide several benefits and improvements to the functionality and efficiency of the system. The new version will address previously identified issues and provide a better customer experience to residents and developers processing permits online. The upgrade will also ensure that the land management system will remain compatible with other systems and newer hardware and ensure the continuity of receiving assistance and updates from the vendor, as needed. One-Stop-Shop Model Integration to Accela ELM System To integrate and implement a One-Stop-Shop model into existing the Accela ELM system, the City will be working closely with IK Consulting, LLC on various scopes of work, including but not limited to: ·Configuration and set up of an online application for Standard Local Business License; Solicitor/Peddler Business License, Special Event License, Exempt Business License and Non -Profit Business License, Entertainment Permits, Massage Establishment Registrations, Bingo City of Huntington Beach Printed on 10/12/2023Page 2 of 3 powered by Legistar™139 File #:23-775 MEETING DATE:10/17/2023 Permits, and PD Permits, etc. ·Creation of a new record type for Fortune Teller Permits, Taxi Cab Permits, Escort Permits, and modification of existing record type to work for all records, which provide more capability for amendments. ·Update of existing Oil Taxes Quarterly and Annual Reports to allow automation of the existing manual process and online application and integration of notifications. ·Update of existing reports to accommodate additional/updated data for various permit types. One-Call Technical Support The City team anticipates that additional upgrades and system improvements will be necessary to align with ever-evolving operational needs, customer needs, and regulatory compliance (e.g. integration Accela with Solar App+ to comply with SB379 to issue instant solar permits). Additionally, the Accela ELM will need to also transition to a cloud-based platform, which requires the consultant’s technical expertise and services for project management and troubleshooting. As such, City staff requests to retain IK Consulting LLC to provide on-call technical support to the City’s interdepartmental team for additional phases of Accela ELM in the next three years. Procurement & Contract The total contract amount is not-to-exceed $400,000 for a term of three years. It was negotiated based on the City staff’s previous experience working with IK Consulting and their existing contract with other municipalities (i.e. City of Santa Rosa) per the Municipal Code 3.03.08(b). Please refer to the contact between the City of Santa Rosa and IK Consulting, LLC (Attachment 2). Council approval is being requested to fully execute this new contract agreement. Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Goal 3 - High Performing Organization, Strategy A - Establishing a One Stop Shop to bring development and other key services under one physical and virtual location to improve the customer service experience. For details, visit www.huntingtonbeachca.gov/strategicplan <http://www.huntingtonbeachca.gov/strategicplan>. Attachment(s): 1.Professional Services Contract between the City of Huntington Beach and IK Consulting, LLC for Project Management, Implementation and Upgrade Services 2. City of Santa Rosa Professional Services Agreement with IK Consulting, LLC and Amendment City of Huntington Beach Printed on 10/12/2023Page 3 of 3 powered by Legistar™140 141 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND IK CONSULTING, LLC FOR PROJECT MANAGEMENT, IMPLEMENTATION AND UPGRADE SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of Ca liforni a, hereinafter referred to as "CITY," and, IK CONSULTING, LLC, a hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to perform a project management, implementation and upgrade services for Accela Automation.; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03 , relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSUL TANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULT ANT hereby designates Melissa Kern who shall represe nt it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 23-13496/320409 1 of 12 142 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULT ANT in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULT ANT are to commence on , 2023 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than two (2) years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULT ANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Four Hundred Thousand Dollars ($400,000). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULT ANT will unde rtake such work only after receiving written authorizat ion from CITY. Additional 23 -1 3496/320409 2 of 12 143 compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. 7. METHOD OF PAYMENT CONSULT ANT shall be paid pursuant to the terms of Exhibit "B." DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSUL TANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULT ANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS A. CONSULT ANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of it s obligations contained in this Agreement by CONSULT ANT, its officers, agents or employees except such lo ss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULT ANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULT ANT's counsel. T hi s indemnity shall 23-13496/320409 3 of 12 144 apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULT ANT. B. To the extent that CONSULTANT performs "Design Professional Services" within the meaning of Civil Code Section 2782.8, then the following Hold Harmless provision applies in place of subsection A above: "CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to the extent that the claims against CONSULT ANT arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULT ANT. In no event shall the cost to defend charged to CONSULT ANT exceed CONSULTANT's proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, CONSULTANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend , is limited as provided in California Civil Code Section 2782.8. C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULT ANT. 23-13496/320409 4 of 12 145 9. PROFESSIONAL LIABILITY INSURANCE CONSULT ANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above- mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULT ANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULT ANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULT ANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification 23 -13496/320409 5 of 12 146 of termination. CONSULT ANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULT ANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULT ANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULT ANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabov e required. 11. INDE PENDENT CONTRACTOR CONSULT ANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. 2 3-13496/320409 6 of 12 147 CONSUL TANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULT ANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULT ANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULT ANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULT ANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULT ANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PA TENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 23-13496/320409 7 of 12 148 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a seale d envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULT ANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: City of Huntington Beach ATTN: City Manager 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULTANT: IK Consulting, LLC ATTN: Melissa Kern 12350 E. Speedway Blvd. Tuscon, AZ 85748 When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 23 -1 3496/320409 8 of 12 149 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here . As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement 23-1 3496/320409 9 of 12 150 which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code re garding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULT ANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such le ga l services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any le gal services expenses incurred by CONSULT ANT. 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonpreva iling party. 23 -13496/320409 10 of 12 151 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 23-13496/320409 11 of 12 152 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through the ir authorized officers. CONSULTANT, II<. CONSULTING, LLC Me I •, s s a O Digitally signed by Melissa 0 . Kern • DN: cn=Melissa 0. Kern, o=IK Consulting, Kern By: LLC, ou=Managlng Partner, ema\l:::;mJssy.kern@lkcpartners.com, c=US Date: 2023.10.11 14:09:23 •07'00' Melissa 0. KE;}rn, Managing Partner pnnt name ITS: (circle one) Chairman/President/Vice President AND CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor City Clerk INITIATED AND APPROVED: CO n Sta n Ce C Digitally signed by Constance C. Ingram , DN:cn=Conllance C. lngram,o=IK Consulting. LLC,ou=ManaglngPa,tner, ·--.---c-·_M __________ _ By: j n gram emall =connleJngram~ikcpa,tne,s.com,c=US Assistant 1 ty anager Date:2023.10.1114:1 1:18-07'00' Constance C . lnaram, Managing Partner prmf'name ITS: (circle one) Secretary/Chief Financial REVIEWED AND APPROVED: Officer/Asst. Secretary -Treasurer City Manager APPROVED AS TO FORM: City Attorney 23-13496/320409 12 of 12 153 29. EFFECTIVE DA TE This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and tlu·ough their authorized officers. CONSULTANT, IK CONSULTING, LLC By: print name ITS: (circle one) Chairman/President/Vice President AND By: print name ITS: ( circle one) Secretary/Chief Financial Officer/ Asst. Secretary -Treasurer 23-13496/320409 12 of 12 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor City Clerk REVIEWED AND APPROVED: City Manager 154 A. B. C. D. EXHIBIT "A" STATEMENT OF WORK: (Narrative of work to be performed) SEE ATTACHED EXHIBIT A CONSULTANT'S DUTIES AND RESPONSIBILITIES: CITY'S DUT IES AND RESPONSIBILITIES: WORK PROGRAM/PROJECT SCHEDULE: EXHIBIT A 155 IK CONSUL TING, LLC Post Office Box 17661 Tucson, AZ 85731 (520) 891-5376 admin@ikcpartners.com www .ikcpartners.com ADDRESS Estimate IK-COHB0623_LicR1 Huntington Beach, CA Info Technologies 2000 Main Street Huntington Beach, CA 92648-2702 I I DATE 08/17/2023 ACTIVITY QTY RATE AMOUNT June 2023 Accela Citizen Access 40 145 .00 5,800.00 Config uration and Setup of online application for Standard Local Business Licenses, including Retail, Professional Services, Wholesale/Manufacturing, Mobile Food Trucks, Apartments, Office Space Rentals, Coin Operated Vending and In-City CSLB Contractors. Utilize existing record, with creation of expressions to control fields available to the Citizens (based on the type of License being applied for). Minor modifications to existing custom fields data componen ts, and no modifications to workflow or fee configuration . Accela Citizen Access 15 145.00 2 ,175.00 Configuration and Setup of onlin e application for Solicitor/Peddler Business License. Utilize existing record, with creation of expressions to control fields available to the Citizens. Minor modifications to existing custom fields data components, and no modifications to workflow or fee configuration. Accela Citizen Access 15 145.00 2,175.00 Configuration and Setup of online application for Special Event License. Utilize existing record, with creation of expressions to contro l fields available to the Citizens. M in or modifications to existing custom fields data componen ts, and no modifications to workflow or fee configuration. Accela Citizen Access 15 145.00 2,175.00 Configuration and Setup of online application for Exempt Business License. Utilize existing record, with c reation of expressions to con tro l fields available to the Citizens. Minor modifications to existing custom fields data components, and no modifications to workflow or fee configuration. Accela Citizen Access 15 145.00 2,175.00 Configurati on and Setup of online application for Non-Profit Business License. Utilize existing record, with creation of expressions to control fields available to th e Citizens . Minor modifications to existing custom fields data components, and no modifications to workfl ow or fee configuration. EXHIBIT A & B 156 ACTIVITY QTY RATE AMOUNT Accala Citizen Access 15 145.00 2 ,175.00 Configuration and Setup of on line application for Entertainment Permits. Utilize existing record, with creation of expressions to control fields available to the Citizens. Minor modifications to existing custom fields data components, and no modifications to workflow or fee configuration. Accala Citizen Access 15 145.00 2,175.00 Confi guration and Setup of on lin e application for Massage Registrations. Utilize existing record, with creation of expressions to control fields available to the Citizens. Minor modifications to existing custom fields data components, and no modifications to workflow or fee configuration . Accala Citizen Access 15 145.00 2,175.00 Configuration and Setup of on lin e application for Bingo Permits. Utilize existing record, with creation of expressions to control fields available to the Citizens. Minor modifications to existing custom fields data components, and no modifications to workflow or fee configuration. Accala Citizen Access 18 145.00 2,610.00 Configurati on and Setup of on lin e application for PD Permits. Utilize existing record, with creation of expressions to control fields avail able to the Citizens. Minor modifications to existing custom fields data components, and no modifications to workflow or fee configuration. Accala Civic Platform Services 35 145.00 5,075.00 Creation of new record type for Fortune Teller Permits including all configuration items and Citizen Access setup and configuration. Utilize existing components from current License records, and share from existing process, as applies. Creation of new Custom Fields group, and fee calculations, as applies. Utilize existing License/Permit workflow. Accala Civic Platform Services 55 145.00 7,975.00 Creation of new record type for Taxi Cab Permits (Company, Driver and Vehicle) including all configuration items and Citizen Access setup and configuration . Utilize existing components from current License records, and share from existing process, as applies. Creation of new Custom Fields group, and fee calculations, as applies. Minor workflow changes may apply Accala Civic Platform Services 45 145.00 6,525.00 Creation of new record type for Sexually Oriented Business Permits including all configu ration items and Citizen Access setup and configuration. Utilize existing components from current License records, and share from existing process, as applies. Creation of new Custom Fields group, and fee calculations, as applies . Minor workflow changes may apply. Accala Civic Platform Services 45 145.00 6,525.00 Creation of new record type for Escort Permits (Service and Employee) including all configuration items and Ci ti zen Access setup and configuration. Utilize existing components from current License records, and share from existing process, as applies. Creation of new Custom Fields group, and fee calculations, as applies . Minor workflow changes may apply . Accala Civic Platform Services 40 145.00 5,800 .00 Modification of existing Amendment record type to work for all Records that allow amendment to existing License . Creation of necessary expressions to control the data allowed, based on type of License being amended. Addition of scripting to move data to parent record, upon Approva l utilizing Accela provided functi ons to edit records (p lease note, depending on data being modified, some pieces of information may not be able to be modified via EMSE scripting; proper analysis is required to determine if there are limitations). 157 Accala Civic Platform Services Update of existing Oil Taxes Quarterly records to allow automation of the existing manual process and online application via Citizen Access, via Batch processing. Integrate new Notifications for quarterly filing . Note: Quarterly and Annual filing work must be concurrent, so a shared Batch process can be utilized. Accala Civic Platform Services Update of existing Oil Taxes Annual records to allow automation of the existing manual process and online application via Citizen Access, via Batch processing. Integrate new Notifications for Annual filing. Note: Quarterly and Annual filing work must be concurrent, so a shared Batch process can be utilized. Accala Civic Platform Services User Acceptance Testing, additional meeting, single round of updates based on testing, minor additionally requested automation/scripting, as applies. Accala Reports Update to existing reports to accommodate updated information for the various permits types. Up to 6 new basic (low complexity) reports for new records/permits, as applies. Up to 3 medium complexity reports for statistics of new records/permits , as applies. Staff responsible for identifying changes necessary on existing reports, as applies. Note: Citizen Access Setup includes the automation of custom data and workflow within the existing setup, creation of new pageflows, creation of scripting to control information and requirements , analysis/testing meetings, user acceptance testing and the final move to the PROD system. Payment for Consulting will be at billed on a monthly basis, based on hours completed the previous month. IK Consulting, LLC expects payment to occur within 30 days of receipt of invoice unless otherwise agreed to. Sales Tax or any other applicable taxes are not included in any of this proposal's pricing information. If Sales tax or any other tax becomes applicable, these taxes will then need to be added to the propose d pricing. Quote valid through Expiration Date listed above. 35 145.00 5,075.00 35 145.00 5,075.00 60 145.00 8,700.00 60 145.00 8,700.00 TOTAL $83,085.QQ Accepted By Accepted Date 158 ADDRESS IK CONSUL TING, LLC Post Office Box 17661 Tucson, AZ 85731 (520) 891-5376 admin@ikcpartners.com www .ikcpartners.com Huntington Beach, CA Info Technologies 2000 Main Street Huntington Beach, CA 92648-2702 Estimate IK-COHB0723 DATE 07/29/2023 EXPIRATION DATE 10/31/2023 ACT IVITY QTY RATE AMOUNT Jul 2023 Accala Civic Platform Services Upgrade Non-Production TEST Environment to 23 .1 .x (start with copy-over from DEV Accala Civic Platform Services Upgrade Non-Production DEV Environment to 23.1.x (start with copy-over from PROD Accala Civic Platform Services Upgrade Production Environment to 23.1 .x Accala Civic Platform Services General Assistance for Testing/ Troubleshooting Issues, as applies Payment for upgrades will be at billed upon completion of upgrade, and once login is possible. IK Consulting, LLC expects payment to occur within 30 days of receipt of invoice unless otherwise agreed to . Sales Tax or any other applicable taxes are not included in any of this proposal's pricing information . If Sales ta x or any other tax becomes applicable, these taxes will then need to be added to the proposed pricing . Quote valid through Expiration Date listed above. 30 145.00 4,350.00 30 145 .00 4,350.00 35 145.00 5,075.00 15 145.00 2,175.00 TOTAL $15,950.QQ Accepted By Accepted Date EXHIBIT A & B 159 ADDRESS IK CONSULTING, LLC Post Office Box 17661 Tucson, AZ 85731 (520) 891-5376 admin@ikcpartners.com www.ikcpartners.com Huntington Beach, CA Info Technologies 2000 Main Street Huntington Beach , CA 92648-2702 PROJECT Hourly Assistance (each hour) Estimate IK-COHB0923 DATE 09/18/2023 EXPIRATION DATE 12/31/2023 ACTIVITY QTY RATE AMOUNT September 2023 Accala Civic Platform Services Hourly General Assistance for Configuration/ Testing / Troubleshooting Is sues, as assigned. Payment for Consulting will be at billed on a monthly basis, based on hours completed the previous month. IK Consulting, LLC expects payment to occur within 30 days of receipt of invoice unless otherwise agreed to. Sales Tax or any other applicable taxes are not included in any of this proposal's pricing information. If Sales tax or any other tax becomes applicable, these taxes will then need to be added to the proposed pricing. Quote valid through Expiration Date listed above. 145.00 145.00 TOTAL $145.00 Accepted By Accepted Date EXHIBIT A & 8 160 EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULT ANT'S fees for such services shall be based upon the following hourly rate and cost schedule: SEE ATTACHED EXHIBIT B B. Travel. Charges for time during travel are not reimbursable C. Billing 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULT ANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULT ANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULT ANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULT ANT is making satisfactory progress toward completion of tasks in accordance with thi s Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspe nded until the parties agree that past performance by CONSULT ANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 1 Exhibit B 161 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 2 Exhibit B 162 EXHIBIT 11 B 11 Payment Schedule (Fixed Fee Payment) 1. Charges for time during travel are normally not reimbursable and will only be paid if such time is actually used in performing services for CITY and or otherwise arranged with CITY. 2. CONSULT ANT shall be entitled to payment toward the fixed fee set forth herein in accordance with the following: SEE ATTACHED EXHIBIT B 3. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULT ANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSUL TANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULT ANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULT ANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit II A II may at the option of CITY be suspended until the parties agree that past performance by CONSUL TANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Exhibit B 163 IK CONSULTING, LLC Post Office Box 17661 Tucson, AZ 85731 (520) 891-5376 admin@i kcpartners.com www.ikcpartners.com ADDRESS Estimate IK-COHB0623_LicR1 Huntington Beach, CA Info Technologies 2000 Main Street Huntington Beach, CA 92648-2702 DATE 08/17/2023 ACTIVITY QTY RATE AMOUNT June2023 Accala Citizen Access 40 145.00 5,800.00 Configuration and Setup of online application for Standard Local Business Licenses, including Retail, Professional Services, Wholesale/Manufacturing, Mobile Food Trucks, Apartments, Office Space Rentals, Coin Operated Vending and In-City CSLB Contractors. Utilize existi ng record, with creation of expressions to control fields available to the C it izens (based on the type of License be ing applied for). Minor modifications to existing custom fie lds data components, and no modifications to workflow or fee configuration. Accala Citizen Access 15 145.00 2 ,175.00 Configuration and Setup of online application for Solic itor/Peddler Business License. Utilize existi ng record, with creation of expressions to contro l fields available to the Citizens. Minor modifications to existi ng custom fields data components, and no modifications to workflow or fee configuration. Accala Citizen Access 15 145.00 2,175.00 Configuration and Setup of online application for Special Event License. Utilize existing record, with creation of expressions to control fields avai lable to the Citizens. Minor modifications to existing custom fields data components, and no modifications to workflow or fee config uration. Accala Citizen Access 15 145.00 2,175 .00 Configuration and Setup of online appli cation for Exempt Business Lice nse. Utilize existing record, with creation of expressions to contro l fi e lds available to the Citizens. Minor modifications to existing custom fields data components, and no modifications to workfl ow or fee configuration. Accala Citizen Access 15 145.00 2,175.00 Configuration and Setup of online application for Non-Profit Business License. Utilize existing record, with creation of expressions to control fields available to the Citizens. Minor modifications to existing custom fields data components, and no modifications to workflow or fee configuration . EXHIBIT A & B 164 ACTIVITY QTY RATE AMOUNT Accala Citizen Access 15 145.00 2,175.00 Configuration and Setup of on line application for Entertainment Permits. Utilize existing record, with creation of expressions to control fields available to the Citizens. Minor modifications to existing custom fields data components, and no modifications to workflow or fee configuration . Accala Citizen Access 15 145.00 2,175.00 Configuration and Setup of online application for Massage Registrations. Utilize existing record, with creation of expressions to control fields available to the Citizens. Minor modifications to existing custom fields data components, and no modifications to workflow or fee configuration . Accala Citizen Access 15 145.00 2,175.00 Configuration and Setup of online application for Bingo Permits. Utilize existing record, with creation of expressions to control fields available to the Citizens. Minor modifications to existing custom fields data components, and no modifications to workflow or fee configuration. Accala Citizen Access 18 145.00 2,610.00 Configuration and Setup of online application for PD Permits. Utilize existing record, with creation of expressions to control fields avail able to the Citizens. Minor modifications to existing custom fields data components, and no modifications to workflow or fee configuration. Accala Civic Platform Services 35 145.00 5,075.00 Creation of new record type for Fortune Teller Permits including all configuration items and C itizen Access setup and configuration. Utilize existing components from current License records, and share from existing process, as appl ies. Creation of new Custom Fields group, and fee calculations, as applies. Utilize existing License/Permit workflow. Accala Civic Platform Services 55 145.00 7,975.00 Creation of new record type for Taxi Cab Permits (Company, Driver and Vehicle) including all configuration items and Citize n Access setup and configuration. Utilize existing components from current License records, and share from existing process, as applies. Creation of new Custom Fields group, and fee ca lculations, as applies. Minor workflow changes may apply Accala Civic Platform Services 45 145.00 6,525.00 Creation of new record type for Sexually Oriented Business Permits including a ll configuration items and Citizen Access setup and configuration. Utilize existing components from current Lice n se records , and share from existing process, as applies. Creation of new Custom Fields group, and fee cal culations, as applies. Minor workflow changes may apply. Accala Civic Platform Services 45 145.00 6,525.00 Creation of new record type for Escort Permits (Service and Employee) including all configuration items and Citizen Access setup and configuration. Utilize existing components from curre nt License records, and share from existing process, as applies. Creation of new Custom Fields group, and fee calculations, as applies. Minor workflow changes may apply. Accala Civic Platform Services 40 145.00 5,800.00 Modification of existing Amendment record type to work for a ll Records that allow amendment to existing License. Creation of necessary expressions to control the data allowed, based on type of License being amended. Addition of scripting to move data to parent record, upon Approval utilizing Accela provided funct ions to edit records (please note, depending on data being modified, some pieces of information may not be ab le to be modified via EMSE scripti ng; proper analysis is required to determine if there are limitations). 165 ACTIVITY QTY RATE AMOUNT Accala Civic Platform Services Update of existing Oil Taxes Quarterly records to allow automation of the existing manual process and online application via Citizen Access, via Batch processing. Integrate new Notifications for quarterly filing . Note: Quarterly and Annual filing work must be concurrent, so a shared Batch process can be utilized. Accala Civic Platform Services Update of existing Oil Taxes Annual records to allow automation of the existing manual process and online application via Citizen Access, via Batch processing. Integrate new Notifications for Annual filing . Note: Quarterly and Annual filing work must be concurrent, so a shared Batch process can be utilized. Accala Civic Platform Services User Acceptance Testing, additional meeting, single round of updates based on testing, minor additionally re quested automation/scripting, as applies. Accala Reports Update to existing reports to accommodate updated information for the various permits types. Up to 6 new basic (low complexity) reports for new records/permits, as applies. Up to 3 medium complexity reports for statistics of new records/permits, as applies. Staff responsible for identifying changes necessary on existing reports, as ap lies. Note: Citizen Access Setup includes the automation of custom data and workflow within the existing setup, creation of new pageflows, creation of scripting to control information and requirements, analysis/testing meetings, user acceptance testing and the final move to the PROD system. Payment for Consulting will be at billed on a monthly basis, based on hours completed the previous month . IK Consulting, LLC expects payment to occur within 30 days of receipt of invoice unless otherwise agreed to . Sales Tax or any other applicable taxes are not included in any of this proposal's pricing information. If Sales tax or any other tax becomes applicable, these ta xes will then need to be added to the proposed pricing. Quote valid through Expiration Date listed above. 35 145.00 5,075.00 35 145.00 5,075.00 60 145.00 8,700.00 60 145.00 8,700.00 TOTAL $83,085.QQ Accepted By Accepted Date 166 ADDRESS IK CONSULTING, LLC Post Office Box 17661 Tucson, AZ 85731 (520) 891-5376 admin@ikcpartners.com www.ikcpartners.com Huntington Beach, CA In fo Technologies 2000 Main Street Huntington Beach, CA 92648-2702 Estimate IK-COHB0723 DATE 07/29/2023 EXPIRATION DATE 10/31/2023 ACTIVITY QTY RATE AMOUNT Jul 2023 Accala Civic Platform Services Upgrade Non-Production TEST Environment to 23.1.x (start with copy-over from DEV Accala Civic Platform Services Upgrade Non-Production DEV Enviro nment to 23.1 .x (start with copy-over from PROD Accala Civic Platform Services Upgrade Production Environment to 23.1.x Accala Civic Platform Services General Assistance for Testing/ Troubleshooting Issues, as applies Payment for upgrades will be at billed upon completion of upgrade, and once log in is possible. IK Consulting, LLC expects payment to occur within 30 days of receipt of invoice unless otherwise agreed to. Sales Tax or a ny other applicable taxes are not in c luded in any of this proposal's pricing informati on. If Sales tax or any other tax becomes applicable, these taxes will then need to be added to the proposed pricing. Quote valid th rough Expiration Date listed above. 30 145.00 4,350.00 30 145.00 4,350.00 35 145.00 5,075.00 15 145.00 2,175.00 TOTAL $15,950.00 Accepted By Accepted Date EXHIBIT A & 8 167 ADDRESS IK CONSUL TING, LLC Post Office Box 17661 Tucson, AZ 85731 (520) 891-5376 admin@ikcpartners.com www.ikcpartners.com Huntington Beach, CA Info Technologies 2000 Main Street Huntington Beach, CA 92648 -2702 PROJECT Hourly Assistance (each hour) Estimate IK-COHB0923 DATE 09/18/2023 EXPIRATION DATE 12/31/2023 ACTIVITY QTY RATE AMOUNT September 2023 Accala Civic Platform Services Hourly General Assistance for Configuration/ Testing I Troubleshooting Issues, as assigned. Payment for Consulting will be at billed on a monthly basis, based on hours completed the previous month. IK Consulting, LLC expects payment to occur within 30 days of receipt of invoice unless otherwise agreed to. Sales Tax or any other applicable taxes are not included in any of this proposal's pricing information. If Sales tax or any other tax becomes applicable, these taxes will then need to be added to the proposed pricing. Quote valid through Expiration Date listed above. 1 145.00 145.00 TOTAL $145.00 Accepted By Accepted Date EXHIBIT A & B 168 ,,---., CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY) ACOllD ' I......----' 11/29/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subjoct to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such e ndorsemont(s). PRODUCER S2!'!!~CT John Bouahton San Tan Insurance PlJ8NE ..Ext>.480-391 -3883 1 r~ .,h,.480-391 -9484 625 N GIibert Rd., Suite 107 {~~~~-JFBouahton®santanlnsuranco.net IIISURERISI AFFORDIIIO COVERAGE "AIC~ GIibert AZ. 85234 I 1usuRER A, Hartford Casualtv Insurance Co INSURED 1uounER B, IK Consulting, LLC 1 •tlS""ER"' P.O. Box 17661 INSURER 0: INSURER E: Tucson AZ. 85730 INSURER f • COVERAGES CERTIFICATE NUMBER· REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTl l;ICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 11,Nf/:, TYPE OF INSURANCE ADDL SUBR POI ICV "UMBER .f.!JLICY EFF .P~~jCY~l(P LIMITS l,uon ,.,n X COMMERCIAL GENERAL LIADILITY EACH OCCURRENCE s 2 000 000 -D CLAIMS-MADE [i] OCCUR DAMAGE TO RENTED A -i.EB.EtJJSEs.(Ea.oceuacncc1 s 300 000 -59SBAZM4677 12/08/2022 12/08/2023 MED EXP /Anv ono oerson\ s 10 000 -PERSONAL & ADV INJURY s 2 000 000 ~N'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s 4 000 000 □PRO· □ PRODUCTS· COMP/OP AGO s 4 000 000 POLICY JECT LOC OTMER• s AUTOMOBILE LIABILITY µ~~!~.~~.rlNOLE LIMIT S 2 000 000 ,_ A ANY AUTO BODILY INJURY (Por poison) s ~ -OWNED SCHEDULED 59SBAZM4677 12/08/2022 12/08/2023 BODIL y INJURY (Por ac.:ldenl) $ ,_ AUTOS ONLY >--AUTOS ~ HIRED .L NON-OWNED !'fOPE_l;lf'l'.!?AMAGE s AUTOS ONLY AUTOS ONLY s UMBReLLA LIAS HOCCUR EACH OCCURRENCE s ~ EXCESSLIAB CLAIMS-MADE AGGREGATE s OED I I nETENTION s s WORKERS COMPENSATIOH X I t~~TI ITF I I ~JH· AND EMPLOYERS' LIABILITY Y/N A ANY PROPRlcTOR/PARTNER/EX~CUTIVE~ ti/A 59WECGC6729 01/08/2022 01/08/2023 E.L. EACH ACCIDENT s 1 000 000 OFFICER/MEl,IOER EXCLUDED? (Mandalory In NH) E.L. DISEASE · EA EMPLOYEE s 1000000 ~~~MrmJ~ ~':?0 ' •"-"-v E.L. DISEASE. POLICY LIMIT s 1,000,000 $1,000,000 each G l itch Limit A Errors & Omissions Liablllty 59SBAZM4677 12/08/2022 12/08/2023 $2,000,000 Aggregate DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (ACORD 101, Addlllonal Romarks Schedulo, may bo allached II moro spaco Is requlrod) APPROVED AS TO FORM - Rv• 'cu( MICHAEL E. OATES CITY ATTORNEY CITY OF HUNTINGTON BEACH CERTIFICATE HOLDER CANCELLATION The City of Huntington Beach SHOULO ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2000 Main St. ACCORDANCE WITH THE POLICY PROVISIONS, Huntington Beach, CA 92648 AUTtlORtZEOREPRESENTATIVE~ ~ /;!,~ Phone: (714)536-5511 I © 1988-2015 ACORD CORPORATION . All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 169 August 13, 2013 (~ City of ~Santa Rosa , Melissa Kern, Managing Partner/Owner IK Consulting, LLC P.O. Box 17661 Tucson.AZ 85731 CITY OF SANTA ROSA AGREEMENT NO. F000600 ACCELA AUTOMATION PROJECT MANAGEMENT AND IMPLEM ENTATION CONSULTING SERVICES On July 30, 2013, the City Council, by resolution, approved staff's recommendation to award the above referenced Agreement to your firm. Enclosed for your records is a copy of the executed Agreement No . F000600. Please note that this agreement number should be referenced on all invoices and associated correspondence . The City has also approved the contract certificates of insurance submitted by your firm . Therefore, this letter is your Notice to Proceed with work under this agreement as of August 13, 2013. The City appreciates your cooperation with the City's contract award process and looks forward to a successful contract with IK Consulting, LLC. Plv call at 707-543-3706 with any questions. caWRIG:T Purchasing Agent JWW c: Cathy Haralson, Accounting Services Supervisor Brian Tickner, IT Section Manager Enclosures G:\Purchasing\Contracts\Contracts\F000600.ll<.NTP.doc PURCHASING FINANCE DEPARTMENT 635 First Street • Santa Rosa, CA 95404 Phone: 707-543-3700 • Fax: 707-S43-3703 www.srclty.org 170 CITY OF SANT A ROSA PROFESSIONAL SERVICES AGREEMENT WITH f K CONSUL TING,_LLC AGREEMENT NUMBER f-ctJOCJ6t:JO This "Agreement" is made as of this 30th day of July , 2013, by and between the City of Santa Rosa, a municipal corporation ("City"), and IK Consulting, LLC, an Arizona Limited Liability Company, ("Consultant"). RECITALS A City desires project management and implementation services for Permits Plus to Accela Automation Upgrade . B. City desires to retain a qualified firm to conduct the services described above in accordance with the Scope of Services as more particularly set forth in Exhibit A to the Agreement. C. Consultant represents to City that it is a firm composed of highly trained professionals and is fully qualified to conduct the services described above and render advice to City in connection with said services. · D. The parties have negotiated upon the terms pursuant to which Consultant will provide such services and have reduced such terms to writing. AGREEMENT NOW, THEREFORE, City and Consultant agree as follows: 1. SCOPE OF SERVICES Consultant shall provide to City the project management and implementation services described with further particularity in the City's Request for Proposals 12-39 Project Management and Implementation Consulting Services for Permits Plus to Accela Automation Upgrade dated November 5, 2012, Consultant's proposal dated December 3, 2012, of which are attached hereto as Exhibits A and B (in order of precedence) which are incorporated by reference as though fully set forth, and in accordance with the provisions of this Agreement. Exhibits A and B are attached hereto solely for the purpose of defining the manner and scope of services to be provided by CONSUL TANT hereunder and are not intended to, and shall not be construed so as to, modify or expand the terms, conditions or provisions contained in this Agreeme nt. In cas e of any conflict between the terms of these documents, the terms of this Agreement shall control and prevail. The parties agree that any term contained in Exhibit B that adds to, varies or conflicts with the terms of this Agreement is null and void. 171 2. COMPENSATION a. City shall pay Consultant for services rendered pursuant to this Agreement at the rates, times and in the manner set fotih in Exhibit B. Consultant shall submit monthly statements to City which shall itemize the services performed as of the date of the statement and set forth a progress report, including work accomplished during the period, percent of each task completed, and planned effort for the next period . Invoices shall identify personnel who have worked on the services provided, the number of hours each worked during the period covered by the invoice, the hourly rate for each person, and the percent of the total project completed, consistent with the rates and amounts shown in Exhibit B. b. The payments prescribed herein shall constitute all compensation to Consultant for all costs of services, including, but not limited to, direct costs of labor of employees engaged by Consultant, travel expenses, telephone charges, copying and reproduction, computer time, and any and all other costs, expenses and charges of Consultant, its agents and employees. -In no event shall City be obligated to pay late fees or interest, whether or not such requirements are contained in Consultant's invoice. c. Notwithstanding any other provision in this Agreement to the contrary, the total maximum compensation to be paid for the satisfactory accomplishment and completion of all services to be performed hereunder shall in no event exceed the sum of two hundred seventy-four thousand eight hundred fifty seven dollars and no cents ($274,857.00). The City's · Chief Financial Officer is authorized to pay all proper claims from IFAS Key 02060 . 3. DOCUMENTATION; RETENTION OF MATERIALS a. Consultant shall maintain adequate documentation to substantiate all charges as required under Section 2 of this Agreement. b. Consultant shall keep and maintain full and complete documentation and accounting records concerning all extra or special services performed by it that are compensable by other than an hourly or flat rate and shall make such documents and records available to authorized representatives of City for inspection at any reasonable time. c. Consultant shall maintain the records and any other records related to the performance of this Agreement and shall allow City access to such records during the performance of this Agreement and for a period of four (4) years after completion of all services hereunder. 4. INDEMNITY Consultant shall, to the fullest extent permitted by law, indemnify, protect, defend and hold harmless City, and its employees, officials and agents ("Indemnified Parties") for all claims, demands, costs or liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory pro ceedings, losses, expenses or costs of any kind, 172 interest, defense costs, and expert witness fees), that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant, its officers, employees, agents, in said performance of professional services under this Agreement, excepting only liability arising from the sole negligence, active negligence or intentional misconduct of City. 5. INSURANCE Consultant shall maintain in full force and effect all of the insurance coverage described in, and in accordance with, Attachment One, "Insurance Requirements." Maintenance of the insurance coverage set forth in Attachment One Is a material element of this Agreement and a material part of the consideration provided by Consultant in exchange for City's agreement to make the payments prescribed hereunder. Failure by Consultant to (i) maintain or renew coverage, (ii) provide City notice of any changes, modifications, or reductions in coverage, or (iii) provide evidence of renewal, may be treated by City as a material breach of this Agreement by Consultant, whereupon City shall be entitled to all rights and remedies at law or in equity, including but not limited to immediate termination of this Agreement. Notwithstanding the foregoing, any failure by Consultant to maintain required insurance coverage shall not excuse or alleviate Consultant from any of its other duties or obligations under this Agreement. In the event Consultant, with approval of City pursuant to Section 6 below, retains or utilizes any subcontractors or subconsultants in the provision of any services to City under this Agreement, Consultant shall assure that any such subcontractor has first obtained, and shall maintain, all of the insurance coverage requirements set forth in the Insurance Requirements at Attachment One. 6. ASSIGNMENT Consultant shall not assign any rights or duties under this Agreement to a third party without the express prior written consent of City, in City's sole and absolute discretion. Consultant agrees that the City shall have the right to approve any and all subcontractors and subconsultants to be used by Consultant in the performance of this Agreement before Consultant contracts with or otherwise engages any such subcontractors or subconsultants . 7. TERMINATION a. This Agreement may be terminated by either party by giving ten (10) days written notice to the other party of its intent to terminate the Agreement. b. Upon such termination, Consultant shall submit to City an itemiz ed statement of services performed as of the date of termination in accordance with Section 2 of this Agreement. These services may include both completed work and work in progress at the time of termination. City shall pay Consultant for any services for which compensation is owed; provided, however, City shall not in any manner be liable for lost profits that might have been made by Consultant had the Agreement not been terminated or had Consultant completed the services required by this Agreement. Consultant shall promptly deliver to City all documents related to the performance of this Agreement in its possession or control. All such documents shall be the property of City without additional compensation to Consultant. 173 8. NOTICES Except as otherwise provided in this Agreement, any notice, submittal or communication required or permitted to be served on a party, shall be in writing and may be served by personal delivery to the person or the office of the person identified below. Service may also be made by mail, by placing first-class postage, and addressed as indicated below, and depositing in the United States mail to : City Representative: Brian Tickner I.T. Application Services Manager City of Santa Rosa 90 Santa Rosa Ave - 2 nd Floor Santa Rosa, CA 95404 707-543-4370 Voice 707-543-3126 Fax btickner@srcity.org 9. INDEPENDENT CONTRACTOR Consultant Representative: Melissa Kern Managing Partner/Owner IK Consulting, LLC P.O. Box 17661 Tucson, AZ 85731 520-891 -5376 Voice 520-733-6282 Fax missy.kern@ikpartners.com The parties intend that Consultant, in performing the services specifie·d, shall act as an independent contractor and shall have control of its work and the manner in which it is performed . Consultant, including Consu ltant's employees, shall not be considered agents or employees of City. Neither Consultant nor Consultant's employees shall be entitled to participate in any pension plan, medical, or dental plans, or any other benefit provided by the City for its employees. 10. ADDITIONAL SERVICES Chang es to the Scope of Services shall be by written amendment to this Agreement and shall be paid on an hourly basis at the rates set forth in Exhibit B, or paid as otherwise agreed upon by the parties in writing prior to the provision of any such additional services. 11. SUCCESSORS AND ASSIGNS City and Consultant each binds itself, its partners, successors, legal representatives and assigns to the other party to this Agreement and to the partners, successors, legal representatives and assigns of such other party in respect of all promises and agreements contained herein. 6iP 174 12. TIME OF PERFORMANCE The services described herein shall be provided during the period, or in accordance with the schedule, set forth in Exhibit B. Consultant shall complete all the required services and tasks and complete and tender all deliverables to the reasonable satisfaction of City, not later than twenty-four months after the date of the Agreement above. 13. MISCELLANEOUS a. Entire Agreement. This Agreement contains the entire agreement between the parties. Any and all verbal or written agreements made prior to the date of this Agreement are superseded by this Agreement and shall have no further effect. b. Modification. No modification or change to the terms of this Agreement will be binding on a party unless in writing and signed by an authorized representative of that party. c. Compliance with Laws. Consultant shall perform all services described herein in compliance with all applicable federal, state and local laws, rules, regulations , and ordinances, including but not limited to, (i) the Americans with Disabilities Act of 1990 (42 U.S.C. 12101, et seq.) ("ADA"), and any regulations and guidelines issued pursuant to the ADA; and (ii) Labor Code sections 1700-1775, which require prevailing wages (in accordance with DIR schedule at www.dir.ca.gov) be paid to any employee performing work covered by Labor Code sections 1720 et seq. Consultant shall pay to the City when due all business taxes payable by Consultant under the provisions of Chapter 6-04 of the Santa Rosa City Code. The City may deduct any delinquent business taxes, and any penalties and interest added to the delinquent taxes, from its payments to Consultant. d. Governing Law; Venue. This Agreement shall be governed, construed and enforced in accordance with the laws of the State of California. Venue of any litigation arising out of or connected with this Agreement shall lie exclusively in the state trial court in Sonoma County in the State of California, and the parties consent to jurisdiction over their persons and over the subject matter of any such litigation in such court, and consent to service of process issued by such court. e. Conflict of Interest. The City's Conflict of Interest Code requires that individuals who qualify as "consultants" under the Political Reform Act, California Government Code sections 87200 et seq., comply with the conflict of interest provisions of the Political Reform Act and the City's Conflict of Interest Code, which generally prohibit individuals from making or participating in the making of decisions that will have a material financial effect on their economic inte rests . The term "consultant" generally includes individuals who make governmental decisions or who serve in a staff capacity. In the event that the City determines, in its discretion, that Consultant is a "consultant" under the Political Reform Act, Consultant shall cause the following to occur within 30 days after execution of this Agreement: (1) Identify the individuals who will provide services or perform work under this Agreement as "consultants," and (2) Cause these 175 individuals to file with the City's Representative the "assuming office" state ments of economic interests required by the City's Conflict of Interest Code. Thereafter, throughout the term of the Agreement, Consultant shall cause these individuals to file with the City Representative annual statements of economic interests, and "leaving office" statements of economic interests, as required by the City's Conflict of Interest Code. The above statements of economic interests are publ ic records subject to public disclosure under the California Public Records Act. The City may withhold all or a portion of any payment due under this Agreement until all required statements are filed. f. Waiver of Rights. Neither City acceptance of, or payment for, any service or performed by Consultant, nor any waiver by either party of any default, breach or condition precedent, shall be construed as a waiver of any provision of this Agreement, nor as a waiver of any other default, breach or condition precedent or any other right hereunder. g. Ownership and Use of Property Rights. Unless otherwise expressly provide herein, all original works created by Consultant for City hereunder shall be and remain the property of City. Consultant agrees that any patentable or copyrightable property rights, to the extent created for City as part of the services provided hereunder, shall be in the public domain and may be used by anyone for any lawful purpose. h. Incorporation of attachments and exhibits. The attachments and exhibits to this Agreement are incorporated and made part of this Agreement, subject to terms and provisions herein contained. 14. AUTHORITY; SIGNATURES REQUIRED FOR CORPORATIONS Consultant hereby represents and warrants to City that it is (a) a duly organized and validly existing [enter type of entity], formed and in good standing under the laws of the State of [enter state of formation for corporations, LPs and LLCs], (b) has the power and authority and the legal right to conduct the business In which it is currently engaged , and (c) has all requisite power and .authority and the legal right to consummate the transactions contemplated in this Agreement. Consultant hereby further represents and warrants that this Agreem ent has been duly authorized, and when executed by the signatory or signatories listed below, shall constitute a valid agreement binding on Consultant in accordance with the terms hereof. If this Agreement is entered into by a corporation, it shall be signed by two corporate officers, one from each of the following two groups: a) the chairman of the board , president or any vice-president; b) the secretary, any assistant secretary, chief financial officer, or any assistant treasurer. The title of the corporate officer shall be listed under the signature . 176 Executed as of the day and year first above stated . CONSULT ANT: Name of Firm: IK Consulting, LLC, an Arizona Limited Liability Company TYPE OF BUSINESS ENTITY (check one): __ Individual/Sole Proprietor __ Partnership __ Corporation -~X'"-Limited Liability Company __ Other(please specify: _____ ) Signatures of Authorized Persons: :~~~~ Tit1eMa.~~;? Taxpayer 1.0. No. 71-0883304 City of Santa Rosa Business Tax Cert. No. !!3!84 9 Attachments: Attachment One -Insurance Requirements CITY OF SANT A ROSA a Municipal Corporation By:~~-~~ ) Print Name: Scott Bartley Title: Mayor APPROVED AS TO FORM: <Zr~✓~ Office of the City Attorney Exhibit A -City's Request for Proposals 12-39 Project Management and Implementation Consulting Services for Permits Plus to Accela Automation Upgrade dated November 5, 2012 Exhibit B -Consultant's proposal dated December 3, 2012 177 ATTACHMENT ONE INSURANCE REQUIREMENTS FOR AGREEMENTS FOR PROFESSIONAL SERVICES A. Insurance Policies: Consultant shall, at all times during the terms of this Agreement, maintain and keep in full force and effect, the following policies of insurance with minimum coverage as indicated below and Issued by insurers with AM Best ratings of no less than A-:VI or otherwise acceptable to the City. Insurance Minimum Limits Coverage Additional Coverage Requirements 1. Commercial liability general $ 1 million occurrence $ 2 million aggregate 2. Business auto coverage $ 1 million 3. Professional (E&O) liability $ 1 million per claim $ 1 million aggregate 4. Workers' compensation $ 1-million and employer's liability B. Endorsements: per Coverage must be at least as broad as ISO CG 00 01 and must include completed operations coverage. If insurance applies separately to a project/location, aggregate may be equal to per occurrence amount. Coverage may be met by a combination of primary and excess insurance but excess shall provide coverage at least as broad as specified for underlying coverage. ISO Form Number CA 00 01 covering any auto (Code 1), or If Consultant has no owned autos, hired , (Code 8) and non-owned autos (Code 9), with limit no less than $ 1 million per accident for bodily injury and property damage. Consultant shall provide on a policy form appropriate to profession. If on a claims made basis, Insurance must show coverage date prior to start of work and it must be maintained for three years after completion of work. As required by the State of Californi a, with Statutory Limits and Employer's Liability Insurance with limit of no less than$ 1 million per accident for bodily injury or disease. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Consu ltant, its employees, agents and subcontractors. 1. All policies shall provide or be endorsed to provide that coverage shall not be canceled, except after prior written notice has been provided to the City in accordance with the policy provisions. 2. Liability policies shall provide or be e ndorsed to provide the following: a. For any claims related to this project, Consultant's insurance coverage shall be primary and any in surance or self-insurance m aintained by City shall be excess of the Consultant's 178 insurance and shall not contribute with it; and, b. The City of Santa Rosa, Its officers, agents, employees and volunteers are to be covered as additional insureds on the CGL policy. General liability coverage can be provided in the form of an endorsement to Consultant's Insurance at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10 and CG 20 37 if a later edition is used. C. Verification of Coverage and Certificates of Insurance: Consultant shall furnish City with original certificates and endorsements effecting coverage required above. Certi ficates and endorsements shall make reference to policy numbers. All certificates and endorsements are to be received and approved by the City before work commences and must be in effect for the duration of the contract. The City reserves the right to require complete copies of all required policies and endorsements. D. Other Insurance Provisions: 1. No policy required by this Agreement shall prohibit Consultant from waiving any right of recovery prior to loss. Consultant hereby waives such right with regard to the indemnitees. 2. All insurance coverage amounts provided by Consultant and available or applicable to this Agreement are intended to apply to the full extent of the policies . Noth ing contained in this Agreement limits the application of such insurance coverage. Defense costs must be paid in addition to coverage amounts. 3. Self-insured retentions above $10,000 must be approved by the City. At the City's option, Consultant may be required to provide financial guarantees. 4. Sole Proprietors must provide a representation of their Workers' Compensation Insurance exempt status. 5. City reserves the right to modify these insurance requirements while this Agreement is in effect, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 179 SIXTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT NUMBER F000G00 WITH IK CONSUL TING, LLC This Sixth Amendment to Agreement number F000600, dated July 30, 2013 ("Agreement") is made as of this 11 day of MAY , 2022, by and between the City of Santa Rosa, a municipal corporation ("City"), and IK Consulting, LLC ("Consultant"). RECITALS A. City and Consultant entered into the Agreement for Consultant to provide project management and implementation services for Permits Plus to Accela Automation Upgrade. B. City and Consultant now desire to amend the Agreement for the purpose of extending the time of performance and adding additional funding to enable Consultant to assist with annual upgrades to the Accela Civic platform and Citizen Access portal to the latest version, extending the permits available in the online Citizen Access portal, and continue assisting the City with addressing technical issues and additional needed functionality with the Accela Automation permitting and inspection software used at the City. AMENDMENT NOW, THEREFORE, the parties agree to amend the Agreement as follows: 1. Section 2. Compensation Section 2(c) is amended to increase the compensation payable to Consultant under the Agreement by $30,000 to read as follows: "Notwithstanding any other provision in this Agreement to the contrary, the total maximum compensation to be paid for the satisfactory accomplishment and completion of all tasks set forth above shall in no event exceed the sum of four hundred ninety-two thousand seven hundred forty-three dollars and no cents ($522,743.00). The City's Chief Financial Officer is authorized to pay all proper claims from various charge numbers." 2. Section 12 . Time of Performance The last sentence of Section 12 is amended to read as follows: "Consultant shall complete all the required services and tasks and complete and tender all deliverables to the reasonable satisfaction of City, not later than June 30, 2024." Amendment to Professional Services Agreement Fo rm approved by the City Attorney 8 -8-14 Page 1 of 2 180 3. Section 15. Counterparts and Electronic Signatures. Section 15 (Counterparts and Electronic Signatures) is added to the Agreement after Section 14 (Authority; Signatures Required for Corporations) as follows: "Section 15. Counterparts and Electronic Signatures. This Agreement and future documents relating thereto may be executed in two or more counterparts, each of which will be deemed an original and all of which together constitute one Agreement. Counterparts and/or signatures delivered by facsimile, pdf or City-approved electronic means have the same force and effect as the use of a manual signature. Both City and Consultant wish to permit this Agreement and future documents relating thereto to be electronically signed in accordance with applicable federal and California law. Either Party to this Agreement may revoke its permission to use electronic signatures at any time for future documents by providing notice pursuant to the Agreement. The Parties agree that electronic signatures, by their respective signatories are intended to authenticate such signatures and to give rise to a valid, enforceable, and fully effective Agreement. The City reserves the right to reject any digital signature that cannot be positively verified by the City as an authentic electronic signature." All other terms of the Agreement shall remain in full force and effect. Executed as of the day and year first above stated. CONSULT ANT: Name of Firm: IK Consulting, LLC TYPE OF BUSINESS ENTITY (check one): __ Individual/Sole Proprietor __ Partnership __ Corporation _X_Limited Liability Company __ Other (please specify: ----~ Signatures of Authorized Persons: ;f/difJa o. Ket11 By: Met!ss.a 0 . Kffl'I (May 10, 20U 14:36 PDT) Print Name: Melissa 0. Kern Title: Managing Partner City of Santa Rosa Business Tax Cert. No. 06518061 -------- CITY OF SANT A ROSA a Municipal Corporation By:~ Print Nam e: Jason Nutt Title: Assistant City Manager APPROVED AS TO FORM: JJi.'r:c~,y 11, 2022 1020 PDT) Office of the City Attorney Amendment to Professional Services Agreement Form approved by the City A ttorn ey 8-8-14 Page 2 of 2 181 IK Consulting / Santa Rosa -Amendment 6 to F000600 Final Audit Report 2022-05-11 Created: 2022-05-10 By: Tara Norman (TNORMAN@SRCITY.ORG) Status: Signed Transaction ID: CBJCH BCAABAAonq3pkzV qyW30rX5Yrqp-oq9hnbX4oGJ "IK Consulting/ Santa Rosa -Amendment 6 to F000600" History fl Document created by Tara Norman (TNORMAN@SRCITY.ORG) 2022-05-10-5:35:54 PM GMT ~ Document emailed to Melissa 0. Kern (missy.kern@ikcpartners.com) for signature 2022-05-10-5:42:04 PM GMT fl Email viewed by Melissa 0. Kern (missy.kern@ikcpartners.com) 2022-05-10-9:35:19 PM GMT 0'G Document e-signed by Melissa 0. Kern (missy.kern@ikcpartners.com) Signature Date: 2022-05-10 -9:36:45 PM GMT -Time Source: server 12.. Document emailed to Jessica Mullan (JMullan@srcity.org) for signature 2022-05-10-9 :36:47 PM GMT fl Email viewed by Jessica Mullan (JMullan@srcity.org) 2022-05-10 -9:39:07 PM GMT 0'G Document e-signed by Jessica Mullan (JMullan@srcity.org) Signature Date: 2022-05 -11 -5:20:18 PM GMT -Time Source: server !2'., Document emailed to Jason Nutt Onutt@srcity.org) for signature 2022-05-11 -5 :20:20 PM GMT fl Email viewed by Jason Nutt Onutt@srcity.org) 2022-05-11 -5:44:27 PM GMT 0'0 Document e-signed by Jason Nutt Onutt@srcity.org) Signature Date: 2022-05-11 -11:18:35 PM GMT -Tim e Source: serve r fl Adobe Acrobat Sign 182 0 Agreement completed. 2022-05-11 -11:18:35 PM GMT II Adobe Acrobat Sign City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-864 MEETING DATE:10/17/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Al Zelinka, City Manager VIA:Eric Parra, Chief of Police PREPARED BY:Capt. Ryan Reilly Subject: Approve responses to the 2022-2023 Orange County Grand Jury Report related to Animal Welfare Statement of Issue: In June 2023, the Orange County Grand Jury released a report entitled “Gimme Shelter and a Pound of Advice - The State of Animal Welfare Overseen by the County of Orange.” The City of Huntington Beach is required by California Penal Code Section 933.05 to respond to certain findings and recommendations in this report. A draft letter provided proposed responses for the City Council’s consideration. Financial Impact: There is no fiscal impact associated with this action. Recommended Action: A) Approve the City’s responses to findings and recommendations posed by the Orange County Grand Jury report entitled “Gimme Shelter and a Pound of Advice - The State of Animal Welfare Overseen by the County of Orange;” and B) Authorize the City Manager to submit the City’s responses to the Presiding Judge of the Superior Court. Alternative Action(s): Revise draft language in the City’s responses prior to submitting them to the Presiding Judge of the Superior Court. The City is required to submit a response to the findings and recommendations specified. Analysis: Each year, a new Orange County Grand Jury is impaneled to investigate complaints about local governmental agencies within Orange County, to audit those agencies, and to publish the findingsCity of Huntington Beach Printed on 10/12/2023Page 1 of 2 powered by Legistar™183 File #:23-864 MEETING DATE:10/17/2023 governmental agencies within Orange County, to audit those agencies, and to publish the findings and recommendations resulting from its investigations. The grand jury also assists the District Attorney by hearing criminal cases for indictment. The Grand Jury is a judicial body empowered with investigative duties by the Superior Court of California and is composed of local citizens whose principal role is to be a “watchdog” over local government agencies, including special districts, to ensure that the County is being governed honestly and efficiently. For its 2022-2023 term, the Grand Jury investigated and issued a report entitled “Gimme Shelter and a Pound of Advice - The State of Animal Welfare Overseen by the County of Orange,” (attachment 1) which requires a response from the City within 90 days of its release.The City previously sought an extension, providing additional time to provide a response, which has been drafted for Council approval. With City Council approval, staff will submit the responses (attachment 2) to Presiding Judge of the Superior Court Maria Hernandez by the required deadline. Environmental Status: The requested action is an administrative activity of the City Council that would not result in direct or indirect physical environmental effects. As such, the requested action is not a project pursuant to Section 15378 of the California Environmental Quality Act (CEQA) Guidelines and no further CEQA review is required. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Orange County Grand Jury Report “Gimme Shelter and a Pound of Advice - The State of Animal Welfare Overseen by the County of Orange” 2. Draft Response to “Gimme Shelter and a Pound of Advice - The State of Animal Welfare Overseen by the County of Orange” City of Huntington Beach Printed on 10/12/2023Page 2 of 2 powered by Legistar™184 . Gimme Shelter and a Pound of Advice The State of Animal Welfare Overseen by the County of Orange COUNTY OF ORANGE Grand Jury 2022-2023 185 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 2 OF 51 TABLE OF CONTENTS TABLE OF CONTENTS .................................................................................................. 2 TABLE OF FIGURES AND TABLES ............................................................................... 3 SUMMARY ...................................................................................................................... 4 BACKGROUND .............................................................................................................. 5 REASON FOR STUDY ................................................................................................... 8 METHOD OF STUDY ...................................................................................................... 8 Interviews .................................................................................................................... 8 Surveys ........................................................................................................................ 9 Site Visits ..................................................................................................................... 9 Key Documents ........................................................................................................... 9 Documents Requested but Not Provided ................................................................... 10 INVESTIGATION AND ANALYSIS................................................................................ 10 Services and Facilities ............................................................................................... 10 Volunteer and Rescue Relations ............................................................................... 12 Human Resources ..................................................................................................... 13 Animal Care Attendants ............................................................................................. 14 Communication .......................................................................................................... 16 Policies and Procedures ............................................................................................ 16 COVID-19 .................................................................................................................. 17 Facilitating Adoption .................................................................................................. 18 Spay and Neuter Overview ........................................................................................ 19 Trap, Neuter and Return ............................................................................................ 20 Euthanasia Report ..................................................................................................... 22 Asilomar Reports ....................................................................................................... 22 Analysis of OCAC Data ............................................................................................. 23 Dog Euthanasia: ........................................................................................................ 25 Impediments to the Investigation ............................................................................... 27 CONCLUSION .............................................................................................................. 30 FINDINGS ..................................................................................................................... 31 Management: ............................................................................................................. 31 Animal Welfare .......................................................................................................... 31 Communication / Outreach ........................................................................................ 32 186 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 3 OF 51 Impediments to the Investigation ............................................................................... 32 RECOMMENDATIONS ................................................................................................. 33 Management: ............................................................................................................. 33 Welfare ...................................................................................................................... 33 Communication / Outreach ........................................................................................ 34 Impediments to the Investigation ............................................................................... 35 REQUIRED RESPONSES ............................................................................................ 36 Findings – 90-day Response Required ...................................................................... 37 Recommendations – 90-day Response Required ..................................................... 38 REQUESTED RESPONSEs ......................................................................................... 39 Findings – 90-Day Response Requested .................................................................. 39 Recommendations – 90-Day Response Requested .................................................. 39 REFERENCES .............................................................................................................. 40 APPENDIX 1 ................................................................................................................. 42 Table 1 - Adult Cat Euthanasia and TNR Rates by Quarter ...................................... 42 APPENDIX 2 ................................................................................................................. 43 Table 3 - Dog Behavioral Euthanasia Rates by Quarter ............................................ 43 APPENDIX 3 ................................................................................................................. 44 Orange County Grand Jury Animal Shelter Contract City Survey .............................. 44 APPENDIX 4 ................................................................................................................. 45 Orange County Grand Jury Independent City Shelter Survey ................................... 45 Appendix 5 .................................................................................................................... 46 OCAC 4th Quarter 2022 Asilomar Report ................................................................... 46 ABBREVIATIONS: ........................................................................................................ 47 GLOSSARY: ................................................................................................................. 48 DISCLAIMER ................................................................................................................ 51 TABLE OF FIGURES AND TABLES Figure 1 - Map of Orange County .................................................................................... 7 Figure 2 - Adult Cat Euthanasia Rates .......................................................................... 24 Figure 3 - Dog Euthanasia Rates (Behavioral) .............................................................. 26 187 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 4 OF 51 SUMMARY Orange County Animal Care has been a source of public concern since the 1990s, with no less than five previous Orange County Grand Jury reports detailing troubling conditions. The previous reports cited excessive euthanasia rates, poor leadership, inadequate numbers of animal care attendants, a lack of cooperation between staff departments, the exclusion of kennel staff from euthanasia decisions, the lack of proper assessment of animals chosen for euthanasia, and low morale negatively impacting operation of the shelter. Recent public outcry citing conditions at the shelter, recent litigation, and publicly circulated petitions calling for changes at the shelter suggest the previously expressed concerns remain. In addition to these publicly voiced concerns, the current Orange County Grand Jury received direct complaints requesting an inquiry. The Grand Jury determined a renewed investigation was warranted. The investigation focused on three major areas of concern: the management of the shelter, the welfare of animals under shelter care, and the communication and engagement with the public and the animal rescue community. A particular concern of the Grand Jury was the shelter’s termination of its Trap, Neuter, and Return (TNR) program for community cats. In early 2020, the shelter decided to stop its TNR program. The Grand Jury’s investigation determined that termination of the TNR program had detrimental consequences for the welfare of the animals under the shelter’s care. The elimination of the TNR program also has contributed to substantial public dissatisfaction and alienation that undermines the public’s and the rescue community’s relations with shelter leadership. During the Grand Jury’s investigation, it was reported by the shelter’s senior management that the termination of the TNR program resulted from an opinion rendered by the County’s legal counsel. Understanding the reason leading to the decision to terminate the TNR program would be important for considering whether the program can and/or should be reinstated. Toward that end, the Grand Jury endeavored to obtain a copy of the opinion of the County’s legal counsel by directing a written request to the Chair of the Orange County Board of Supervisors. While the Grand Jury recognizes that the opinion may enjoy confidentiality pursuant to the attorney-client privilege, the Board of Supervisors has the discretion to waive that privilege. The Grand Jury’s request included its commitment to maintain the confidentiality of the opinion itself and its contents. Nevertheless, the request was declined, as was the Grand Jury’s alternative request that the County simply identify the legal authority reviewed in studying the issue. Members of shelter management indicated their understanding the TNR program was terminated due to the opinion that the program violates a state law. The law makes it a crime to willfully abandon an animal notwithstanding that the program was designed to 188 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 5 OF 51 return cats to their original location rather than releasing them to randomly selected sites. TNR programs are widespread throughout California, not to mention the nation as set forth in a report from the American Bar Association. The Grand Jury is unaware of any published court case determining that a bona fide TNR program is prohibited under the anti-abandonment statute. Given the important benefits to animals and the public provided by such programs, the Grand Jury believes it would be prudent for the County to revisit the propriety of the former program and consider obtaining a second legal opinion. This report highlights analysis of data provided to the Grand Jury by the shelter indicating that euthanasia rates related to dog behavior and to cats have increased significantly within the last two years. The increase in dog behavioral euthanasia rates suggests that there is inconsistency over time as to how dogs are being assessed and evaluated for behavior-related euthanasia. The increase in feline euthanasia rates appears to be correlated with elimination of the TNR program. This report also addresses the challenges in maintaining quality staff at the shelter, especially in the Animal Care Attendant positions. Hiring practices for the shelter are too cumbersome, lengthy and lack consideration of how those practices impact animal welfare. Animal Care Attendant staffing at the shelter is inadequate and Animal Care Attendant staffing vacancies need to be filled more quickly. This report discusses major deficiencies with each of the issues identified above and makes specific recommendations to help support a more engaged community. Status quo at the shelter is unacceptable. Appropriate remedial steps must be taken as animal welfare is paramount! Finally, this report comments on the difficulties the Grand Jury encountered during its investigation. Without explanation, the entirety of the Orange County County Counsel’s office determined itself to be conflicted with the Grand Jury’s inquiry into Orange County Animal Care. The investigation was hampered and slowed during the six weeks the Grand Jury was required to arrange for outside legal counsel. BACKGROUND Orange County Animal Care (OCAC) began operations in 1941 and was responsible for rabies and tending to lost livestock. In 1950, the population of Orange County was roughly 216,000. By January 2022, the estimated population was 3.1 million people. OCAC provides a myriad of services over a wide territory and variety of client needs and expectations. OCAC serves the unincorporated areas of Orange County and contracts its services to 14 client cities: Anaheim, Brea, Cypress, Fountain Valley, Fullerton, Huntington Beach, Lake Forest, Orange, Placentia, San Juan Capistrano, Santa Ana, Tustin, Villa Park, and Yorba Linda. The remaining cities in Orange County either have their own shelter or contract with other cities or non-profit groups to provide animal care and control services. The unincorporated areas of the county and the 14 189 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 6 OF 51 contract cities have a combined population of approximately 1.8 million residents, greater than half of the total population of Orange County. In March 2018, a new shelter was opened on a 10-acre site at a cost of $35 million. The shelter includes a two-story, approximately 30,000 square-foot main building, six stand- alone kennel buildings, multiple dog play yards, a barnyard, and a rabbit housing area. OCAC can shelter up to 600 animals and is the single largest municipal animal facility in the western United States serving residents in one location. OCAC has 137 authorized staff positions. Approximately 21 staff are animal care attendants who are represented by the Teamsters Union. All other staff are represented by the Orange County Employees Association. Labor relations and contract terms must be taken into consideration while operating the shelter. OCAC, like most municipal shelters, relies upon a variety of rescue support groups and citizen volunteers to enhance animal welfare and outcomes. The relationship between shelter management, rescue groups, and volunteers has deteriorated in the last three years. The historical partnership between the shelter and rescue groups has become stressed due to a variety of reasons. The breakdown in communication, engagement, and trust between parties has negatively affected shelter operations. Most large municipal shelters are “kill” shelters, which are shelters where animals may be euthanized for any of a variety of reasons. Privately operated shelters and smaller municipal shelters tend to be non-kill shelters. Non-kill shelters may euthanize some animals in special cases, but generally do not euthanize animals. Large municipal shelters, owing to their size, capacity, public responsibility, operational mandates, and their positioning as “shelters of last resort,” euthanize animals as a matter of course. Animals are euthanized for a variety of reasons, such as: • they suffer from irredeemable disease or injury, • they are of a species that represent a danger to the community, or • they are behaviorally unfit for adoption. Many shelters have Trap, Neuter and Return (TNR) programs. In accordance with these programs, feral and community cats are captured from their outdoor environment, taken to a shelter or veterinarian where they are neutered, and then returned to the location from where they were trapped. TNR programs serve to reduce colonies of feral and community cats in a humane manner and serve to manage and reduce this cat population. OCAC had a TNR program beginning in 2013 until early 2020 when it was discontinued. 190 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 7 OF 51 Figure 1 - Map of Orange County Cities Contracted with Orange County Animal Care The map above shows the cities and unincorporated areas currently contracted with OCAC. All city contracts are not alike in that OCAC may provide partial services for some cities and full services for others. 191 unincorporated area Ladera Ran ch Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 8 OF 51 REASON FOR STUDY In 2022, the Grand Jury received 14 complaints about the Orange County Animal Care (OCAC) shelter. Many of those complaints were the same complaints addressed in five previous Grand Jury reports, including: • the shelter’s unresponsiveness to community needs, • restricted public access to the shelter’s kennels, • restricted opportunities to walk through the kennels and engage with adoptable animals, and • concerns related to inadequate staffing and volunteer levels. Complainants also expressed concerns about animal surrenders, a perceived increase in homeless cats with less spay/neuter availability, and the shelter’s increased euthanasia rates. About the same time the Grand Jury was receiving public complaints about the shelter, a petition with thousands of signatures was delivered to the Orange County Board of Supervisors. The petition addressed the same concerns as the complaints received by the Grand Jury and demanded change in the shelter’s appointment-only system and reinstatement of the shelter’s TNR program. The Grand Jury also learned about a lawsuit filed by Elizabeth Hueg, Safe Rescue Team (a California 501(c)(3) nonprofit corporation), and Cats In Need Of Human Care (another California 501(c)(3) nonprofit corporation) seeking an injunction from the Orange County Superior Court for the assignment of a shelter monitor to oversee shelter operations. The 2022-2023 Grand Jury revisited OCAC because public discussion pointed to new and allegedly ongoing and unresolved concerns about shelter operations. The Grand Jury focused on current practices at OCAC to determine how well the needs of the animals, staff, and public are being met. METHOD OF STUDY The Orange County Grand Jury’s objective is to provide an accurate portrayal of OCAC’s current operations, culture, inner workings, and challenges. The Grand Jury investigation relied on interviews, public and shelter documents, surveys, site visits, and news accounts about the shelter. The information supporting the facts, findings, and recommendations in this report is corroborated, validated, and verified through multiple sources. Interviews The interviews conducted by the Grand Jury focused on an in-depth review of OCAC management, staffing, operating structure, animal care procedures, communications, animal care statistics, operating plan, organization structure, morale, the volunteer 192 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 9 OF 51 program, relationship with rescue organizations, and complaints. Interviews included the following: • Management and staff from OCAC. • Current and former volunteers from OCAC. • Management from the OC Community Resources (OCCR) office. • Management from the Orange County Centralized Human Resources and OCCR Human Resources offices. • Community complainants from Orange County Grand Jury Public Concern Letters. • Retained outside legal counsel. • Leaders of Orange County city-managed shelters. • Animal advocates. Surveys The Grand Jury solicited feedback from the shelter’s clients by surveying the 14 cities contracted with OCAC to provide animal care and control services. Questions in the survey were crafted to determine city satisfaction with the services provided and cost effectiveness, and to solicit any concerns city leaders, managers, and residents may have with OCAC. (Appendix 3) A second survey was directed to the five independent city-managed animal shelters in Orange County, soliciting information about their shelter operations, staffing, animal population, adoption procedures, and other challenges. (Appendix 4) Site Visits The Grand Jury conducted tours and site visits to the OCAC shelter: • One visit was a guided tour of the facility, during which the Grand Jury was provided behind-the-scenes access to observe conditions and observe shelter staff as they went about their daily routines. • A second visit was an anonymous visit by two members of the Grand Jury. The two members visited the shelter to experience, firsthand, guest services and the appointment process for adopting an animal. • A third visit was an unscheduled visit to observe kennel cleaning and to gather additional documents and records. The Grand Jury also toured the City of Irvine Animal Shelter and the Mission Viejo Animal Services Center. Key Documents • Documents and information provided by OCAC: o Policy and Procedure Manual governing the Orange County Animal Shelter o Volunteer Program Manual 193 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 10 OF 51 o Total number of volunteers who have served by year since 2018 o Organization Charts o Job Descriptions of all authorized and contracted positions o Statistics on animals under OCAC care, including adoptions o The OCAC Monthly and Quarterly National Shelter Statistics Project Data Matrix (2018-2022) o OCAC euthanasia records o OCAC Asilomar Reports • OCGJ cat and dog euthanasia statistical analysis derived from OCAC euthanasia records and OCAC Asilomar Reports • City Run Shelters and Contracted City survey responses and summaries • Reports from city-managed shelters • OCGJ Public Concern Letters • Legal briefs filed in the lawsuit against OCAC (Orange County Superior Court Case No. 30-2022-01282419-CU-WM-CJC) • Reports from five former OC Grand Juries: 1999-2000, 2003-2004, 2007-2008, and 2014-2015 (2 reports in 2014-2015) • OCAC Performance Audit responses (February 4, 2016) • American Bar Association legal opinion 102B, Tort Trial and Insurance Practice Section report to House of Delegates - Resolution No. 29N, pages 1 and 2 • California Penal Code Section 597s • OCAC Strategic Plan Executive Summary (January 22, 2018) - Strategic Priority, pages 1 to 4 • Association of Shelter Veterinarians Guidelines for Standards of Care in Animal Shelters Documents Requested but Not Provided • Daily census of all animals plus breakdown of number of cats and dogs from 2018 through 2022 (not provided by OCAC since it reportedly is not tracked). • Complaints and Grievance log. • The Grand Jury attempted, without success, to obtain a copy of OC County Counsel’s opinion concerning the terminated TNR program. The Grand Jury’s request to the Chair of the Orange County Board of Supervisors for a copy of the opinion was denied, as was an alternative request that the County simply identify the legal authority reviewed in studying the issue. INVESTIGATION AND ANALYSIS Services and Facilities The Orange County Animal Care (OCAC) shelter is the largest municipal shelter in the western United States serving residents in one location. The nature, size, and scope of the shelter adds complexity and unique challenges to its operation. The shelter employs 137 staff engaged in a variety of functions including animal sheltering and care, animal control, reuniting lost pets with their owners, veterinary services, licensing, adoption, marketing, public relations, and administration. Supporting the varied needs of over 1.8 194 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 11 OF 51 million residents requires a substantial investment in facilities, infrastructure, personnel, organization, customer service, and public outreach. OCAC provides temporary shelter and medical care for “lost” owned or stray animals and opportunities for adoption of these animals. OCAC houses and provides medical care for impounded dogs, cats, and exotic animals. OCAC also provides animal control services that include removing dangerous non-domesticated animals where they pose a hazard to humans or other animals. OCAC is not a No-Kill shelter. OCAC euthanizes animals for several different and sometimes compelling reasons, including animals injured beyond redemptive medical care, behavior, species and breed, and age. The size and complexity of the shelter leads to numerous managerial and operational challenges. The shelter has space capacity to care for up to 600 animals; however, at times, the number of animals at the shelter exceeds shelter capacity. When capacity is exceeded, temporary capacity is created by moving cat cages into administrative areas such as the facility’s training and conference room. On the day the Grand Jury toured the shelter, there were 450 animals. The Grand Jury was unable to obtain a full accounting of the average number of animals per day at the facility since OCAC only began keeping daily animal census records in December 2022. However, the Grand Jury was able to estimate average daily cat and dog count from the shelter’s Asilomar reports. Average daily cat and dog count based on quarterly Asilomar data for the years 2021 and 2022 was between 350 and 400 cats and dogs. Actual daily counts will vary from the average and counts vary with the seasons. The Grand Jury surveyed the cities being served by OCAC. Most cities expressed satisfaction with the services provided by the shelter. During interviews with the Grand Jury, shelter management voiced the challenge of expanding and enhancing services versus the willingness of contract cities to pay for additional services. Shelter management expressed the need to balance services with the cost consciousness of their contract cities and the county budget, while also providing a level of service expected by the public. Shelter management expressed awareness that contract cities have alternative service options if the prices charged by OCAC for its service are beyond city expectations or budget. From 1995 through 2016, the California Department of Public Health (CDPH) collected and published data from California’s animal shelters. Currently, CDPH does not keep or compile comprehensive data on animal shelters operating within the State. Out of concern for crowding and high euthanasia rates, animal welfare groups within the State have pressed for legislative action in Sacramento. In January of 2023, Assembly Bill 332, called the “Shelter Animal Collection Data Act,” was introduced by Assemblyman Alex Lee (D-San José) and coauthored by Assemblywoman Marie Waldron (R-Valley Center). Assembly Bill 332, if adopted, would require shelter data collection and reporting that piggybacks onto current rabies reporting mandates. The bill would further require CDPH to collect and publish animal shelter intake and outcome data, including adoption, redemption, euthanasia, and other categories. 195 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 12 OF 51 Volunteer and Rescue Relations Most animal shelters rely on a host of shelter volunteers to help with the care and enrichment of the animals under supervision, and they also rely on private rescue organizations (rescues) to help with the adoption process and fostering. OCAC is no exception. Shelter volunteers help by assisting shelter staff with animal care, socialization, and enrichment; community outreach and events; conducting tours; greeting shelter visitors; and assisting with shelter adoptions. Volunteers are often the ones who walk the dogs, work with their socialization, and foster kittens without mothers. The volunteer program is vital. Rescue organizations help by accepting animals from the shelter and facilitating adoptions or placing animals in foster care for eventual adoption. Rescues help relieve the shelter of overcrowding. These organizations benefit animals by facilitating adoptions or placing them in foster homes with enriched social environments greater than the shelter can reasonably provide. The coordinated efforts of shelter staff, volunteers, and rescue organizations are vital to OCAC’s success and the welfare of animals under its care. OCAC has been challenged by both inadequate staffing and strained collaboration between the shelter, volunteers, and rescues. Some challenges are the result of the recent COVID-19 crisis, when the volunteer program was shut down in response to County health mandates. Other challenges are due to some rescue organizations’ responses to changes in shelter organization, operation, and procedures within the last 2 to 3 years. Moreover, some organizations report recent funding challenges that limit their ability to fully assist the shelter with its animal welfare mandate. Funding has been especially challenging for rescues since COVID-19. The shelter’s volunteer program was not restarted until late 2022, although state COVID- 19 restrictions were lifted June 15, 2021. Unfortunately, restarting the program required more than calling all volunteers back from COVID-19 isolation. Some former volunteers have not returned because they have moved on with their lives. Some volunteers have not returned because of their dissatisfaction with recent changes in organization, operation, and procedures at the shelter. However, some volunteers have returned, and more are being recruited to form the foundation for a re-energized volunteer program. Relationships between the shelter and some rescues remain strained. Leadership changes within the past three years, changes in circumstances at the shelter, and the shelter’s response to COVID-19 resulted in changes to shelter priorities and practices to which some rescues object. Some changes were precipitated by differences in priorities and concerns that came with the change in shelter leadership, some changes were in response to COVID-19 restrictions and concerns, and one change came as the result of the shelter’s response to a threat of litigation by a lone animal activist from outside Orange County challenging the shelter’s TNR program. Strained relations between OCAC and rescue organizations are detrimental to the operations of the shelter and ultimately to the welfare of animals under the shelter’s care. 196 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 13 OF 51 To operate at its highest potential, OCAC needs to have a good working relationship with the rescues. Rescues want to have a good working relationship with OCAC. During Grand Jury interviews, both management at OCAC and representatives of rescues indicated a desire to work to resolve their differences, and both expressed the welfare of the animals as being their highest priority. OCAC will benefit if it has a robust outreach program to continually recruit volunteers and will benefit by engaging with the rescue community to mend the fractured relationship that has developed between them. Human Resources The OCAC shelter is a 24/7 facility that requires adequate staffing during all hours to meet the highest standards of animal welfare. Continuity of leadership at the OCAC shelter has been a challenge over the past four years with turnover in management and supervisorial staff level positions. Over the past four years, two executive directors have been hired with interim leadership having to be provided on two separate occasions. The Chief Veterinary position went unfilled for months until the current Chief Veterinarian was brought onboard in May 2022. Between September 2021 and May 2022, the shelter did not have a chief or a staff veterinarian and services were provided by one contract veterinarian. OCAC is under the direction of OC Community Resources (OCCR). However, day-to- day human resource and recruitment support for the shelter is performed by OC Human Resource Services (OCHRS). OCHRS provides separate, targeted human resource support for OCAC’s recruitment, labor relations, and employee relations needs. Personnel turnover in critical job categories, such as kennel attendants, can add huge pressure to the remaining staff. Vacancies in critical positions strain shelter operations and impact animal welfare. There are currently 21 allocated Animal Care Attendant positions out of the 136 shelter staff positions. The 21 animal care attendants are assigned to fill the shelter’s attendant needs over the 7-day shelter week. There is reason for concern and urgency when even one Animal Care Attendant position goes unfilled. County policies and practices exacerbate high turnover and make filling vacant positions difficult. Current county practice allows an employee to promote out of their shelter position, or any position, at any time, even while they are still within their probationary period. The ease and fluidity of transitioning adds to the shelter’s understaffing and staffing volatility. Staff vacancies, which have been as high as 23%, negatively impact shelter operations and have taken as long as six months or longer to fill. Delays in filling staff positions disrupt shelter operations. Delays have resulted in qualified candidates declining job offers because they have accepted other positions. Animal Care Attendant and Veterinarian positions are particularly critical and vital to the welfare of the shelter’s animals. While OCCR has taken some steps to correct hiring delays, there needs to be an increased sense of urgency when posting and filling critical vacant positions. 197 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 14 OF 51 As a unionized organization, limitations exist which impact the assignment of human resources within the shelter’s organization and daily operations. Staff are siloed into operational categories and job functions, which limits managerial flexibility in their ability to respond to special operational needs. An inflexibility in management’s ability to respond to vacancies in Animal Care Attendant staffing is one such example. Staffing limitations and operational inflexibility has resulted in instances of inefficient allocation of shelter human resources. Moreover, labor rules limit shelter volunteers from performing certain duties that must be performed by shelter employees. Volunteers are drawn to the shelter out of a desire to work and care for the animals. Restricting volunteers from lending a hand when they see the need is disheartening to the volunteers. Animal Care Attendants Animal care attendants at OCAC provide the direct, daily care of the animals. They attend to several areas of responsibilities: • Intaking animals brought to the shelter by the public or impounded by animal control or the cities, entering information about the animal into the shelter’s data base, and taking pictures of the animals. • Feeding and watering of all the shelter’s animals – domestic, exotic, and wild. • Cleaning and disinfecting kennels, cages, corrals, and equipment and maintaining the general cleanliness of the shelter’s kennel facilities. • Monitoring, documenting, and reporting on the health and well-being of sick, exotic, and quarantined animals; reporting any abnormalities or changes in condition to veterinary staff. • Assisting with animal adoptions, including providing counseling on breed characteristics, matching and introducing the appropriate animal to the potential adopter, and instructing adopters in basic animal care. • Grooming the animals for the health and comfort of the animals. • Responding to public inquiries about legal retention, adoption procedures, basic animal care, and behavior. Animal Care Attendants may be assigned into any one of three areas of responsibility: Intake, Cat Team, or Dog Team. Usually, Intake has two Animal Care Attendants assigned to it; they may receive 30 to 60 animals per day. The Cat Team is responsible for the kennel areas housing cats, kittens, rabbits, guinea pigs and other animals. Their duties include cleaning and feeding, enrichment, adoption and the other activities discussed above. The Dog Team is responsible for the kennel areas housing dogs. Their duties include cleaning and feeding, enrichment, adoption and the other activities noted above. In 2016, OCAC brought in professional consultants to provide recommendations for a 2018 Strategic Plan. One of the consultant’s recommendations was for the shelter to increase staffing allocation to 26 Animal Care Attendant positions. OCAC did not implement that recommendation. Additionally, the consultant recommended the shelter follow the Association of Shelter Veterinarians (ASV) Guidelines for Standards of Care in Animal Shelters. Those practices include National Animal Control Association (NACA) 198 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 15 OF 51 guidelines and the Humane Society of the United States (HSUS) guidelines (which is the current standard). The allocation of Animal Care Attendants at OCAC is insufficient for the shelter to meet industry standards for level of care. NACA and HSUS recommend a minimum of 15 minutes of care per day per animal for feeding and cleaning each animal housed in the shelter; 9 minutes for cleaning and 6 minutes for feeding and watering. There are currently 21 Animal Care Attendant positions allocated at the shelter. Three positions were vacant as of May 1, 2023. A normal Animal Care Attendant daily shift at the shelter is 10 hours, of which the attendants are expected to spend half their time cleaning, feeding, and watering the animals and half their time attending to other responsibilities, including those responsibilities noted above. Half the Animal Care Attendants work from Wednesday through Saturday and the others work Sunday through Wednesday. Animal Care Attendants spend about 4½ hours cleaning and feeding the animals each day. The Grand Jury evaluated the Animal Care Attendant’s workload during the four-month period between December 4, 2022 and April 10, 2023. Individual Animal Care Attendants cared for 48 animals per shift on average and in some cases up to 90 animals per shift. Conservatively, Animal Care Attendants at the shelter spend less than 6 minutes on average per animal attending to cleaning and feeding, which is much less than the 15 minutes recommended by the NACA and HSUS guidelines. Of note, the four-month period reviewed by the Grand Jury is not the shelter’s busy season. During kitten season, the cats and kittens alone can number up to 500 to 600 cats and kittens per day. The Grand Jury could not evaluate daily census records prior to December 4, 2022 because OCAC did not keep daily animal census records prior to that date. There are still other needs the animals have, such as time for animal enrichment which is required daily. The other half of the Animal Attendant’s shift is devoted to picking up animals from intake, showing animals for potential adoptions, walking dogs, stocking supplies, washing dishes or other non-direct animal care tasks. ASV Guidelines stress enrichment should be given the same significance as feeding, watering, and veterinary care. Successful enrichment programs prevent the development and display of abnormal behavior and provide for the well-being of the animal. Regular positive daily social interaction with humans is essential for both dogs and cats. Animals need daily walking, playing, grooming, petting, etc. OCAC’s 2018 Strategic Plan called for all sheltered dogs and cats to receive appropriate daily enrichment tailored to their needs. The Grand Jury found that other shelters in Orange County walk their dogs several times per day and provide numerous opportunities for enrichment. At the OCAC shelter, dogs are not always walked daily. Instead, animal care attendants only walk dogs every other day, as time permits. The Grand Jury recognizes that resources are limited, but the shelter must prioritize the welfare of the animals over other shelter operation considerations. This puts pressure on management to operate the shelter efficiently. Other animal care facilities report 50% of 199 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 16 OF 51 their staff provide direct care to their animals. At OCAC, only 15% of staff provide direct care. The Grand Jury recommends a review of the current allocation of positions within OCAC. OCAC has 137 budgeted staff positions of which only 21 positions provide direct care to the animals. Assigning adequate resources to the direct care of the animals must be a priority as the health and welfare of the animals is the shelter’s primary charge. The current allocation of Animal Care Attendant positions is insufficient. Communication The shelter’s organizational challenges are numerous; many challenges are systemic, but some are self-inflicted. With many constituents, such as shelter staff, volunteers, rescue organizations, and the public at large, robust communication programs are essential to addressing the concerns and needs of both internal and external audiences. Collaboration and communication within the shelter are lacking. Departments within the shelter are siloed. Staff within departments focus solely on their duties and responsibilities and are not encouraged to think of their efforts as being part of a “Big Picture.” Morale is reported to be low. Workplace rules and position classifications tend to discourage a collaborative mindset. In March 2015, the Orange County Office of the Performance Director issued a report on the OCAC. The OC Auditor noted that, among other things, the shelter was not holding regular “all-hands” staff meetings. The Auditor recommended that the shelter hold meetings at least every quarter. The 2014/2015 Orange County Grand Jury report of the OCAC made the same recommendation. The response from OCAC to this Grand Jury report was that all-hands meetings were implemented. However, all-hands meetings currently do not occur at any regularly scheduled interval. Although shelter staff have a general sense of shelter operations and functions, the shelter is a siloed work environment. Without regularly scheduled all-hands meetings, staff have little opportunity to hear and be heard by shelter leadership and for management to communicate a consistent message. Shelter volunteers are limited to a program that effectively segregates them from shelter staff and management. Volunteers have little to no voice or effective input into the shelter’s decision hierarchy. Policies and Procedures The Grand Jury found that the shelter’s Policies and Procedures manual does not undergo regular internal review. There are policies and procedures in the manual that do not reflect current shelter practices. Additionally, there are important shelter practices and functions that are not addressed or are inadequately documented within the manual. There are some policies and procedures in the manual addressing programs that are no longer relevant or where the manual describes practices that are outdated. It is evident some policies and procedures in the manual have from time to time been inserted or revised, but those cases appear to be done on an ad-hoc basis and are not methodical. Individual policies and procedures documented in the manual are annotated with the date they became effective and, when applicable, revised. However, there is nothing to 200 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 17 OF 51 indicate when or if a policy or procedure has been contemporarily reviewed and determined to be relevant, accurate, and applicable. Some policies and procedures in the manual were written as long ago as the late 1970s with revisions in the mid-2000s. There is no indication that any particular policy or procedure has been reviewed as current and appropriate, or by whom, or when. Operating a shelter without up-to-date, reliable policies, procedures, and guidelines make formal training difficult, if not impossible, and results in inconsistent operating protocols and practices. More importantly, when new staff are hired, training becomes “on the job training” and subject to inconsistency. With the high level of turnover at the shelter, it is all the more important to ensure policies and procedures are up to date. COVID-19 The impacts of COVID-19 on shelter operations should not go unacknowledged. Shelter operations were severely strained as state and county COVID-19 restrictions were put into place. The shelter was effectively closed to the public. Emergency protocols and practices were put into place to ensure the safety of the public and OCAC staff. Leadership had to manage a 24-hour shelter, with many members of the staff required to work on site. Work shifts and resources had to be juggled to ensure staffing was sufficient and personnel were kept safe. Within the limits of the shelter’s staffing allocation, management created a Team A/Team B system that isolated one half of the staff from the other half of the staff. Staff came into work only during those days and hours their assigned team was scheduled. Extraordinary sanitation protocols were put into place. Nevertheless, when COVID-19 illnesses did occur, management and staff rose to the occasion, working flexibly and cooperatively to prioritize the care of the animals. Both shelter leadership and staff are to be commended for managing shelter operations through a difficult time. Unfortunately, the volunteer program was suspended during COVID-19 restrictions and engagement with rescues was significantly impacted. The volunteer program was slow to be restarted. Shelter management could and should have anticipated the end of COVID- 19 restrictions and worked toward reinstating the shelter’s volunteer program much earlier than late 2022. 201 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 18 OF 51 Facilitating Adoption During COVID-19, most animal shelters, including OCAC, closed or restricted their shelters to public access, including stopping all public walk-in visits. Prior to COVID-19, the adoption process at the shelter was relatively open. The public was at liberty to visit the shelter at their convenience without an appointment. The cat and dog kennels were mostly open to public viewing where a potential adopter could experience first-hand the size, look, and manner of a potential adoptee. Volunteers and staff were available to facilitate an intimate meeting where humans and animals could interact and bond. The experience was unconstrained, spontaneous, instinctive, and natural. OCAC previously had an animal behaviorist who worked with stressed animals to facilitate their adoptability. OCAC eliminated the animal behaviorist position. Other animal shelters in Orange County have animal behaviorists working with their animals to facilitate adoptability. During COVID-19, public adoptions were carried out by appointment only and computer facilitated. The public was required to schedule an appointment to visit the shelter. Up to three animals could be selected on the shelter’s website from photographs and biographical information about the animals. A one-on-one meet-up with the animal(s) followed. People without computer access could use the shelter’s computer kiosk to select an animal, but by appointment only. If a suitable animal was not found among the animals selected via computer, kennel staff might make recommendations to the potential adopter. Currently, the adoption process is less restrictive than during COVID-19 but remains more restrictive than pre-COVID-19. The current appointment system is restrictive and 202 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 19 OF 51 does not provide prospective adopters viewing access to all available adoptable animals. The shelter has opened to limited walk-ins on a stand-by basis when there are openings in the appointment schedule and when staff are available to assist. All potential adopters, appointments, and walk-ins are still required to use the shelter’s website to pre-select potential adoptees prior to a one-on-one meeting. The kennels are still off-limits to all visitors. OCAC leadership expressed concern about bites to visitors as the primary reason for restricting kennel access. The shelter experienced a marked drop in bites coincidental with the closure of the facility to the public when COVID-19 restrictions were implemented: • 2019 – 23 bites • 2020 – 7 bites • 2021 – 3 bites • 2022 – 2 bites (as of December 23) However, not all dogs are bite risks and there is space throughout the kennel facilities to provide for public viewing. Public safety is important, however, dogs representing bite risks can be segregated, and supervised viewing is a viable option. Shelter leadership said that public viewing within the kennels stresses the animals and that restricting access keeps the animals calm. However, to address that concern, dogs prone to excitability and stress can be secluded, and supervised viewing is an option. Spay and Neuter Overview As mentioned earlier, the population of Orange County in 1950 was about 216,000. Today the contract cities and unincorporated county areas served by OCAC has a population of approximately 1,800,000. With the population increase comes an increase in the number of dogs, cats, and other pets. Euthanasia of animals at the shelter is a challenging problem confronting OCAC and pet owners. In most cases, members of the public either bring lost animals to the shelter to be reunited with their owners or bring their own animals to be adopted to new homes. Few people bring animals to the shelter to be euthanized. One reason OCAC has so many animals and a high incidence of euthanasia is that many pet owners do not spay/neuter their pets and thereby allow them to reproduce beyond the owner’s ability to care for the offspring. Uncontrolled reproduction is a factor in the high population of dogs and especially cats. According to a 2011 report by the North Shore Animal League of America, each day over 70,000 puppies and kittens are born in the United States, and because of overpopulation, more than 3.7 million animals are still being euthanized each year across the country. The absence of TNR at the shelter has seriously increased the rate of euthanasia of cats, especially kittens, who are not old enough or healthy enough to adopt. 203 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 20 OF 51 Many communities incentivize sterilization of pet dogs by significantly lowering the cost of dog licenses for sterilized dogs in their city. Generally, community shelters and rescue organizations will only allow spayed/neutered animals for adoption or require the new owner have the animal spayed/neutered as part of the adoption process. Some complaints received by the Grand Jury assert that the public has requested low/no cost spay/neuter assistance from OCAC without success. OCAC does not offer low or no cost spay/neuter clinics or events but does list on its website feral cat low cost spay/neuter resources. However, the Grand Jury found that some of the listed phone numbers are incorrect and for those that are correct, some of the listed prices are incorrect. Providing a low/no cost spay/neuter clinic would provide a great service to the community, decrease overpopulation of animals, and decrease the potential euthanasia of cats and dogs. Trap, Neuter and Return OCAC began a pilot Trap, Neuter, and Return (TNR) program for cats in 2013 and over the following years saw cat intake and euthanasia decrease dramatically. TNR has been shown to be the most humane, efficient way of stabilizing feral and community cat populations. TNR is an animal control program practiced by many animal shelters throughout the United States and the State of California. Prior to April 2020, the Orange County Animal Shelter had an active Trap, Neuter, and Return program. 204 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 21 OF 51 OCAC’s TNR program was a cooperative endeavor that depended and relied on the efforts of participating non-profit rescue organizations and individual members of the community. Both OCAC and community participants worked together to make the TNR program successful. Non-profits and interested members of the animal welfare community performed the field work necessary to trap feral and community cats and transport the cats to the shelter. OCAC received the animals, performed the spay and neuter procedure, vaccinated the animals, and treated them for injuries or disease. When the animals were healthy, fit, and ready for return to their outdoor home, the same non-profit organization or community members retrieved the cats from the shelter and returned them to the same location from which they were trapped. OCAC only provided TNR related services within its shelter facility and did not participate in locating, trapping, or returning the animals to the location from where they were trapped. However, OCAC played an integral role in the TNR process. When OCAC’s participation in the TNR program ended, TNR within the county effectively ceased. OCAC’s TNR program was popular among many local animal welfare groups and individuals and is a necessary element to the continuance of a viable TNR program throughout the county. The Grand Jury recognizes there is disagreement among animal control and welfare advocates whether TNR is effective in reducing feral and community cat populations, whether TNR serves the best interest of the individual animal, and whether TNR is an environmentally sound practice. In Orange County at least, there apparently is also disagreement whether TNR programs violate a provision of the California Penal Code dealing with malicious mischief. 205 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 22 OF 51 California Penal Code Section 597s states: (a) Every person who willfully abandons any animal is guilty of a misdemeanor. (b) This section shall not apply to the release or rehabilitation and release of native California wildlife pursuant to statute or regulations of the California Department of Fish and Game. As best as the Grand Jury can determine, the validity of California Penal Code Section 597s or its interpretation or application has never been adjudicated in a reported California court decision. According to a report published by the American Bar Association, it is questionable whether a bona fide TNR program, in which animals are returned to the same location where they were trapped, constitutes willful abandonment. In or about late 2019/early 2020, OCAC received a cease-and-desist complaint demanding that it end its participation in the TNR program. OCAC referred the complaint to OC County Counsel. County Counsel reviewed and responded to the referral in an opinion. The Grand Jury went to great lengths to obtain a copy of County Counsel’s opinion, to no avail. The Grand Jury requested a copy of the opinion from OCAC, the County Counsel, the Orange County Board of Supervisors, and Orange County Public Resources. As of the publication of this report, the Grand Jury was not able to acquire a copy of County Counsel’s opinion. The Grand Jury was informed that OCCR and OCAC management were advised they could be held personally liable for any legal action arising out of continuance of the TNR program. OCAC’s TNR program was terminated in or about April 2020. Euthanasia Report OCAC keeps detailed records of each animal it euthanizes. The Grand Jury reviewed a comprehensive list of all euthanasia outcomes at the shelter spanning the period August 19, 2018 through December 4, 2022. The shelter euthanized 11,143 animals during that period. Of the euthanized animals, 5,123 were identified as either domestic cats or dogs. (Feral cats are classified as domestic animals.) The remaining 6,020 euthanized animals included other domestic and/or non-domesticated animals. OCAC’s records identify every euthanized animal’s date of euthanasia, estimated age, sex, species, breed, and the reason for euthanasia. Estimated animal ages span one day to 50 years. Species span domestic cats and dogs to domestic and/or non- domesticated animals such as snakes, birds, opossums, bats, rabbits, raccoons, skunks, lizards, rats, squirrels, coyotes, deer, and more. Reasons for euthanasia are varied and include irredeemable suffering, Head Test (rabies), disease, behavior, age, species (public safety), and owner request. Asilomar Reports In 2004, leaders representing national organizations and industry stakeholders gathered to find common ground in the animal welfare field. Together, they wrote the Asilomar Accords, which establishes common definitions and a standardized way of reporting shelter statistics. Asilomar reports are statistical reports that animal shelters compile documenting their animal intakes and outcomes. The reports are aggregated into a national Shelter Animals Count National Database. 206 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 23 OF 51 OCAC compiles records and participates according to the Asilomar Accords data collection methods. The shelter publishes its Asilomar reports on its website. OCAC’s data includes statistics on monthly (pre-2021) and quarterly (post-2021) cat and dog intake and outcomes such as adoptions, transfers, returns to owner, and euthanasia. Analysis of OCAC Data The Grand Jury reviewed euthanasia and Asilomar outcomes to evaluate whether termination of the TNR program may have had any impact on euthanasia rates at the shelter. Possibly confounding the issue is the fact that COVID-19 restrictions were put into place about the same time the TNR program was terminated. Figure 2 shows quarterly OCAC Asilomar adult cat TNR outcomes and adult cat euthanasia outcomes from the 3rd quarter of 2018 through the end of 2022. TNR rates are represented as a percent of total Asilomar outcomes. Euthanasia rates are represented as a percent of total Asilomar outcomes net of TNR outcomes. Juvenile cats are not included in the review because the shelter’s juvenile cat population varies widely with the season and, moreover, juveniles are not candidates for TNR. 207 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 24 OF 51 Figure 2 - Adult Cat Euthanasia Rates Figure 2 illustrates that adult cat euthanasia rates increased at OCAC following the termination of the TNR program and the beginning of COVID-19 restrictions. The average adult cat euthanasia rate in the period from the 3rd quarter of 2018 through the 1st quarter of 2020 (pre-TNR termination and COVID-19 restrictions) was 20.9%. The average adult cat euthanasia rate in the period from the 2nd quarter of 2020 through the end of 2022 (post-TNR and COVID-19) was 28.8%. The increase in the rate of adult cat euthanasia following TNR/COVID-19 is 38% over the previous period. The increase is statistically significant. (See Appendix 1) To evaluate whether circumstances related to COVID-19 accounted for the increase in euthanasia rates, the rates from the post-COVID-19/post-TNR termination were compared to the rates pre-COVID-19/pre-TNR termination. Again, the average adult cat Comparing adult cat euthanasia rates pre-TNR and post-TNR … the termination of the TNR program correlate to an increase in adult cat euthanasia rate at the shelter. 208 60% 50% 40% 30% 20% 10% 0% Adult Cats Euthanized vs. Adult Cats TNR as a % of Total As ilomar Outcomes* TNR program terminated and Calif. Covid Restrictions Begin Average = 20.9% I I I I I I I I ~' , ..... .... '•---•---•- Calif. Covid Restrictions End Average= 28.8% • Adult cats euthanized as a% Asilomar outcomes net ofTNR outcomes. Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 2018 2019 2020 2021 2022 --Adult Cats Euthanized _,._ TNR Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 25 OF 51 euthanasia rate before COVID-19 and during the TNR program was 20.9%. The average adult cat euthanasia rate after COVID-19 restrictions were lifted but still during the termination of the TNR program (Q3 2021 – Q4 2022) was 25.4%. The increase in the rate of adult cat euthanasia following termination of the TNR program but after COVID- 19 restrictions were lifted is 21% over the pre-TNR termination/pre-COVID-19 restrictions rate. Again, the increase is statistically significant. Comparing adult cat euthanasia rates pre-TNR and post-TNR and pre- and post-COVID- 19 restrictions, it appears both COVID-19 restrictions and the termination of the TNR program correlate to an increase in adult cat euthanasia rate at the shelter. Dog Euthanasia: OCAC euthanizes animals for a variety of reasons, including but not limited to injuries beyond redemptive medical care, age, and behavior. When OCAC euthanizes a dog for medical reasons, the Chief Veterinarian or a staff veterinarian must approve the procedure. In the case of behavior-related euthanasia, approval is determined by a five- member Behavior Evaluation Committee. OCAC euthanizes dogs that are determined to have irredeemable behavioral issues, including displays of aggression toward people or other animals, bites, and severe kennel stress. The five members of the Behavior Evaluation Committee include staff members representing Field Operations, Animal Services Operations, the Community Outreach team, the Chief Veterinarian, and a representative from senior management. While there are five staff members represented on the Behavior Evaluation Committee, only three participants are voting members. The Chief Veterinarian and the member from senior management serve only as advisory members. A majority of the three voting members of the committee must approve a behavioral euthanasia – that is, at least two of the three voting members must approve. OCAC’s Behavior Evaluation Committee evaluates dogs for euthanasia without written guidelines, policies, or procedures, resulting in inconsistent outcomes over time. Behavior-evaluated euthanasia outcomes are dependent on the experience and personal considerations of the individual committee members and management rather than written objective standards. The voting members of the Behavior Evaluation Committee may evaluate behavior based on their own observations and/or on the written reports of other staff members. The voting members are not required to directly observe a dog’s behavior, and in some cases have not made direct observation, but they do have access to video documentation of a dog’s behavior. Voting members come to their own conclusions based on their own understanding of dog behavior and rehabilitative potential. OCAC does not have a professional licensed, trained, or certified animal behaviorist on staff to oversee the dog enrichment programs, resulting in dogs with declining behavior being placed at greater risk of being euthanized. Voting members of the Behavior Evaluation Committee are not required to certify or participate in animal behavior education programs. The Behavior Evaluation Committee meets once per week and participation of the voting member from any one of the three voting departments may be 209 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 26 OF 51 delegated to a lesser experienced staff member when the regular voting member is unavailable. The Grand Jury reviewed dog behavior-related euthanasia data and Asilomar outcomes from the fourth quarter of 2018 to the third quarter of 2022 to evaluate the nature of dog behavioral euthanasia at the shelter over time. The chart below shows quarterly dog behavior euthanasia at OCAC for the third quarter of 2018 through the third quarter of 2022. Euthanasia rates are represented as a percent of total dog Asilomar outcomes by quarter. Juvenile dogs are included in the review because the shelter’s juvenile dog population is subject to behavioral euthanasia. The Grand Jury found that for the dogs euthanized for behavior during the period under review, 7.4% of the dogs were no more than 6 months old and 14.2% were less than 1 year old. The Grand Jury was unable to determine why dogs less than one year in age would warrant behavioral euthanasia. Figure 3 - Dog Euthanasia Rates (Behavioral) Dog behavioral euthanasia rates increase at OC Animal Care between the second and third quarters in 2021 Figure 3 illustrates that dog behavior-related euthanasia rates increased at OCAC between the second and third quarters of 2021. The average dog behavioral euthanasia rate prior to the end of the second quarter of 2021 was 1.19% of all dog Asilomar outcomes. Beginning in the third quarter of 2021 and through the third quarter of 2022, the average dog behavioral euthanasia rate increased to 3.41% of all dog Asilomar outcomes, an increase of 187%. The increase is statistically significant. (See Appendix 2) 210 6% 5% 4% 3% 2% 1% 0% All Dogs Euthanized for Behavior as% of all All Dog ASILOMAR Outcomes Average= 1.19% Average= 3.41% 04 Q1 02 Q3 04 01 Q2 03 04 01 Q2 03 04 Q1 02 03 2018 2019 2020 2021 2022 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 27 OF 51 Impediments to the Investigation The Grand Jury’s function is to investigate the operation of the various officers, departments, and agencies of the local government. Article 1, Section 23 of the California Constitution states: “One or more grand juries shall be drawn and summoned at least once a year in each county.” Provisions of the California Penal Code define the scope and limitations of a grand jury’s authority: Penal Code Section 916: … Rules of procedure shall include guidelines for that grand jury to ensure that all findings included in its final reports are supported by documented evidence, including … official records, or interviews attended by no fewer than two grand jurors and that all problems identified in a final report are accompanied by suggested means for their resolution, including financial, when applicable. Penal Code Section 921: The grand jury is entitled to … the examination, without charge, of all public records within the county. Penal Code Section 925: The grand jury shall investigate and report on the operations, accounts, and records of the officers, departments, or functions of the county … The investigations may be conducted on some selective basis each year … Penal Code Section 925 (a): The grand jury may, at all times, request the advice of the court, or the judge thereof, the district attorney, the county counsel, or the Attorney General … As a department of Orange County government, the County Counsel’s office provides legal counsel and services to the Orange County Board of Supervisors and all other Orange County departments and agencies, including the Grand Jury. At the start of a Grand Jury’s one-year term, County Counsel assigns an individual attorney within its office to serve as the Grand Jury’s primary attorney. Because the individual serving as the Grand Jury’s counsel is also assigned to other departments or agencies within Orange County government, there is the potential for the Grand Jury’s designated primary counsel to have a conflict of interest when the Grand Jury investigates a department or agency otherwise served by the primary attorney. To ensure continuity of legal service to the Grand Jury, the County Counsel’s office also assigns a back-up attorney that provides service to the Grand Jury when the primary counsel is conflicted. The back-up attorney is selected so that at least the primary or 211 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 28 OF 51 back-up would not have a disabling conflict – that is, one or the other would be available to serve the Grand Jury in any investigation not directly related to the County Counsel’s office itself. Back-up counsel advises the Grand Jury on those matters only when the primary attorney is conflicted. Early during its one-year term and early in its investigation, the Grand Jury learned that its primary counsel had a conflict of interest with its investigation of OCAC. The County Counsel’s office explained, and the Grand Jury understood, that the services of the County Counsel’s office would continue through the back-up attorney assigned for such circumstances. Initially, during the early stages of its OCAC investigation, the Grand Jury received the legal advice and assistance of the back-up attorney in the County Counsel’s office. Later during its investigation of OCAC, the Grand Jury inquired into the shelter’s prior TNR program and the program’s termination in early 2020. The Grand Jury learned the program was terminated after a cease-and-desist demand to stop the program was received from a lone individual residing outside of Orange County. The Grand Jury was informed that the County Counsel’s office, in response to a request by OCAC to review the cease-and-desist demand, issued an opinion to the Orange County Board of Supervisors and OCAC about the shelter’s TNR program that evidently led to a direction to terminate the program. In the course of the Grand Jury’s investigation, including interviews with OCAC and OCCR staff and leadership, the County Counsel’s office and its opinion were repeatedly cited as being the source of the decision to stop the TNR program. The Grand Jury understands County Counsel’s role is to provide advice and counsel to the Board of Supervisors, County departments, and various County agencies, but that it has no decision-making authority over any division of County governance, except regarding its own internal functions. While the Grand Jury was skeptical that the County Counsel’s office actually made, or had the authority to make, the decision to terminate the TNR program, the Grand Jury nevertheless understood that the County Counsel’s opinion was pivotal to the decision. Therefore, the Grand Jury requested a copy of the opinion to learn if there was a clear impediment to or prohibition on a possible renewal of the TNR program. The Grand Jury requested a copy of the opinion from interviewees who were privy to the document or its contents. In addition, the Grand Jury asked the County Counsel’s office for a copy of the opinion. In every instance, those requested told the Grand Jury the opinion is a privileged communication between the County Counsel’s office and the Board of Supervisors and that only the Board of Supervisors has authority to release the document. Finally, the Grand Jury asked the Board of Supervisors, through its Chair, for Grand Jury: Who was the decision maker? Answer: “The County Counsel.” 212 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 29 OF 51 a copy of the opinion or alternatively for an identification of the legal authority reviewed in studying the issue, and stated the confidentiality of the document would be maintained, whereupon the Board of Supervisors declined to consider or include the request in its meeting agenda. Unfortunately, and not through a lack of trying, the Grand Jury has been unable to review or assess the basis of the opinion. During the Grand Jury’s interviews, when various levels of leadership within OCAC asserted that County Counsel made the decision to terminate the TNR program, the Grand Jury always expressed its skepticism and inquired as to how County Counsel, an advisor to the County and OCAC, and only an advisor, could be making policy decisions for OCAC? The Grand Jury inquired and pressed its interviewees, asking if it was, in fact, a decision made at some level within OCAC’s leadership, or by OCCR, or by the Board of Supervisors. When pressed, in every case, each interviewee modified their explanation and affirmed the decision had been theirs or that they had taken part in the decision, each taking personal responsibility for the decision. The Grand Jury was determined to obtain documentation of the decision as it continued to press for a copy of the County Counsel’s opinion, The Grand Jury then requested all internal OCAC communications documenting the decision and/or order to stop the TNR program. The Grand Jury requested departmental communications instructing staff to stand down from the TNR program, whether from the OCCR to OCAC, OCAC to animal shelter leadership, or animal shelter leadership to shelter staff. Departmental communications about the TNR program are policy and procedure communications. The Grand Jury assumed that departmental communications would point to how and by whom the decision was made. The Grand Jury understands such communications are public records, not privileged communications. Nevertheless, the Grand Jury’s request for documentation was denied by OCAC with the reason that such communications were privileged. Coincidental to the Grand Jury’s efforts to obtain a copy of the County Counsel’s opinion, at the end of 2022, the County Counsel’s office detached itself altogether from all matters related to the Grand Jury’s investigation of OCAC. The County Counsel’s office informed the Superior Court and the Grand Jury that its entire office was “conflicted” with regard to the investigation into OCAC and would recuse itself from assisting the Grand Jury in its investigation into all matters related to OCAC. No back-up attorney was provided and all communications ceased. Of note, the Grand Jury’s investigation was not an investigation of the County Counsel’s office. Rather, the Grand Jury was investigating an Orange County agency, a client of the County Counsel, just as every Grand Jury investigation into County agencies represents an investigation into clients of the County Counsel. When the County Counsel’s office recused itself from the Grand Jury’s OCAC investigation, it did not explain or cite any specific aspect of the OCAC investigation that makes it exceptional from any other of the ongoing Grand Jury investigations into County departments or agencies. Without the services of the County Counsel’s office, the Grand Jury suffered a setback in its investigation of OCAC. The pace of the investigation slowed as time and resources 213 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 30 OF 51 were directed toward arranging for alternative outside counsel at the recommendation and with the support of the Superior Court. After losing approximately six weeks, the Grand Jury was able to engage alternative outside counsel in early February of 2023. As of the publication of this report, the Grand Jury was not able to confirm the logic, reasoning, or basis of the County Counsel’s opinion, or even whether in fact the County Counsel advised against the continuance of the TNR program. Moreover, the Grand Jury cannot confirm whether, or who, or at what level of authority, within the County government the decision to end TNR emanated. As a consequence, the Grand Jury cannot verify that any such decision was ever actually made, or communicated at any level of authority, by anyone within Orange County’s governing hierarchy and, more importantly, why any such decision was made. The only fact the Grand Jury can confirm with any confidence is that the TNR program was terminated in or about early 2020. CONCLUSION OCAC has been a source of public concern since the 1990s, with five previous Orange County Grand Jury reports and an Orange County Performance Audit detailing troubling conditions at the OCAC shelter. This Grand Jury report shines a light on deficiencies at the shelter still needing resolution. The Grand Jury believes that if the recommendations included in this report are implemented: • Internal and external communications at OCAC will improve. • The reallocation of staffing positions within the organization, increasing the number of Animal Care Attendant positions and employing an animal behaviorist or trainer, will improve general animal welfare at the shelter. • Improvements in the timely filling of staff vacancies will enhance shelter operations and overall staff morale. • The adoption process will be more public-friendly, leading to more adoptions. • The behavioral euthanasia decision process will be standardized, articulated, and documented, leading to consistent behavioral euthanasia outcomes. • The shelter’s Policies and Procedures will be correct and up to date. • OCAC and Orange County rescue organizations and animal advocates can work toward mending their relations for the welfare of the animals. • The shelter’s TNR program will be re-evaluated, reconsidered and reinstated. • The shelter’s volunteers will be more integrated into the shelter’s personnel team and communications. The Grand Jury conducted many interviews with shelter personnel. The Grand Jury is very impressed with their sense of dedication and earnest concern for the welfare of shelter animals. 214 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 31 OF 51 FINDINGS In accordance with California Penal Code Sections 933 and 933.05, the 2022-2023 Grand Jury requires (or, as noted, requests) Responses from each agency affected by the Findings presented in this section. The Responses are to be submitted to the Presiding Judge of the Superior Court. Based on its investigation titled, “Gimme Shelter and a Pound of Advice, The State of Animal Welfare Overseen by the County of Orange,” the 2022-2023 Grand Jury has arrived at seventeen Findings, as follows: Management: F1 Management has limited flexibility utilizing personnel within Orange County Animal Care across departments due to structured work rules, volunteer work restrictions, and employees working in departmental silos. F2 Low staff morale exists within Orange County Animal Care. F3 Orange County Animal Care staffing is negatively impacted by vacant positions remaining unfilled for greater than six months due to burdensome hiring processes. This delay in recruitment and completion of hiring has resulted in qualified candidates declining job offers. F4 Based upon industry standards and best practices, Orange County Animal Care kennel attendants are understaffed to meet the needs of animals under care. F5 Orange County Animal Care’s operating policies and procedures manual is out of date. F6 The Orange County Animal Care Volunteer program was stopped during COVID-19 and restarting the program has been slow, resulting in decreased animal socialization and enrichment. Animal Welfare F7 Orange County Animal Care’s Behavior Evaluation Committee evaluates dogs for euthanasia without written guidelines, policies, or procedures, resulting in inconsistent outcomes over time. Behavior evaluated euthanasia outcomes are dependent on the experience and personal considerations of the individual committee members and management rather than written objective standards. F8 The rate of behavioral euthanasia of dogs has increased significantly over the last 2 years. 215 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 32 OF 51 F9 Orange County Animal Care does not employ a professional or trained and certified animal behaviorist to oversee the shelter’s dog enrichment program, resulting in dogs with declining behavior being placed at greater risk of being euthanized. F10 While many county and city animal shelters throughout the state have active Trap, Neuter, and Return programs, Orange County Animal Care stopped its Trap, Neuter, and Return program, reportedly on the basis of the County Counsel’s legal opinion that the program violates a California statute related to willful animal abandonment. F11 The termination of the Trap, Neuter, and Return program is correlated with an increase in adult cat euthanasia rate at the shelter. F12 There have been public concerns and requests expressed over the years for public programs to include a spay/neuter program by Orange County Animal Care. Communication / Outreach F13 The current adoption appointment system restricts public access to the dog kennels, thereby limiting potential adopters’ access to all available animals. F14 Orange County Animal Care’s engagement with some animal rescue partners is negatively impacted due to differences of opinion in appropriate animal care policy. F15 Internal and community engagement does not adequately communicate the shelter’s mission and operating strategy. F16 The information currently on the Orange County Animal Care website for low- cost spay/neuter is not up to date with regard to referrals and prices for spay/neuter procedures. Impediments to the Investigation F17 The OC County Counsel’s office misstated to the Grand Jury the scope of its commitment to serving and assisting the Grand Jury in its investigations into County governance respecting managing conflicts between the Board of Supervisors, OC departments and agency clients, and the Grand Jury. 216 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 33 OF 51 RECOMMENDATIONS In accordance with California Penal Code Sections 933 and 933.05, the 2022-2023 Grand Jury requires (or, as noted, requests) responses from each agency affected by the Recommendations presented in this section. The Responses are to be submitted to the Presiding Judge of the Superior Court. Based on its investigation titled “Gimme Shelter and a Pound of Advice, The State of Animal Welfare Overseen by the County of Orange,” the 2022-2023 Grand Jury makes the following seventeen recommendations: Management: R1 By October 1, 2023, OC Human Resource Services should review and update recruitment strategies to significantly increase the timeliness of recruitment of vacant positions and to anticipate vacancies due to retirement, resignations, transfers. (F3) R2 By December 31, 2023, Orange County Animal Care, OC Community Resources, and OC Human Resource Services should review hiring practices to facilitate process improvements to expedite filling OCAC vacancies. (F3) R3 By October 1, 2023, OC Community Resources and Orange County Animal Care should review their current staffing allocations of Animal Care Attendants to reflect NACA guidelines and to provide appropriate staffing allocations for animal care, feeding and enrichment. (F3, F4) R4 By October 1, 2023, OC Community Resources and Orange County Animal Care should review their current staffing allocations of all positions within the OCAC and reallocate resources to increase Animal Care Attendants to reflect NACA guidelines to provide appropriate staffing for animal care, feeding, and enrichment. (F3, F4) R5 By December 31, 2023, Orange County Animal Care management should review and update policies, procedures, guidelines, and practices to assure they are accurate and reflect current operating practices. (F5) R6 By June 30, 2024, the Board of Supervisors should evaluate the strategic option of creating a Joint Powers Authority for the County and fourteen contract Cities to take ownership and shared responsibility for the financial and operating policies and practices of OCAC. (F1 thru F16) Welfare R7 By October 1, 2023, Orange County Animal Care management should establish written guidelines, policies, and procedures as standards for evaluating animal behavior for use by the Behavior Evaluation Committee. (F5, F7) 217 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 34 OF 51 R8 By December 31, 2023, in the interests of transparency, Orange County Animal Care management should add a representative from a rescue organization to serve as a non-voting, at-large member on the Behavior Evaluation Committee. (F7, F14) R9 By December 31, 2023, Orange County Animal Care, OC Community Resources, and OC Human Resource Services should hire an animal behaviorist or certified dog trainers to work with aggressive animals to reduce the high rate of dogs being euthanized and enhance their adoptability. (F8, F9) R10 By December 31, 2023, the Orange County Board of Supervisors and Orange County Animal Care management should request that County Counsel reconsider its opinion about the shelter's former Trap, Neuter, and Return program, or seek an independent second opinion to County Counsel’s opinion, to ascertain whether the program can be re-established, or a modified version of the program can be implemented. (F10, F11) R11 By July 1, 2024, Orange County Animal Care should implement a low-cost public spay/neuter program. (F12) Communication / Outreach R12 By October 1, 2023, Orange County Animal Care management should hold all- hands staff meetings at least every quarter. (F1, F2) R13 By October 1, 2023, Orange County Animal Care, OC Community Resources, and OC Human Resource Services should conduct annual surveys of staff to monitor morale and identify opportunities for operational improvement. (F1, F2) R14 By December 31, 2023, Orange County Animal Care management should open the shelter to the public for walk throughs to maximize opportunities for the public to adopt animals under the care of the shelter. (F13) R15 By October 1, 2023, Orange County Animal Care management should look for new ways to be more inclusive and engaged with volunteers and the rescue organizations that are necessary for the shelter’s success. (F14, F15) R16 By October 1, 2023, Orange County Animal Care should schedule quarterly meetings with community stakeholders to facilitate transparency and engagement. (F14, F15) R17 By October 1, 2023, Orange County Animal Care management should update the information currently on its website for low-cost spay/neuter of feral cats with regard to referrals and prices for spay/neuter procedures. (F16) 218 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 35 OF 51 Impediments to the Investigation R18 Beginning with the 2023/2024 Grand Jury training, and all training thereafter, County Counsel should provide detailed instruction about the circumstances under which the County Counsel’s office might recuse itself from assisting with Grand Jury investigations and the alternatives available to the Grand Jury under such circumstances. (F17) 219 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 36 OF 51 REQUIRED RESPONSES California Penal Code Section 933 requires the governing body of any public agency which the Grand Jury has reviewed, and about which it has issued a final report, to comment to the Presiding Judge of the Superior Court on the findings and recommendations pertaining to matters under the control of the governing body. Such comment shall be made no later than 90 days after the Grand Jury publishes its report (filed with the Clerk of the Court). Additionally, in the case of a report containing findings and recommendations pertaining to a department or agency headed by an elected County official (e.g., District Attorney, Sheriff, etc.), such elected County official shall comment on the findings and recommendations pertaining to the matters under that elected official’s control within 60 days to the Presiding Judge with an information copy sent to the Board of Supervisors. Furthermore, California Penal Code Section 933.05 specifies the manner in which such comment(s) are to be made as follows: (a) As to each Grand Jury finding, the responding person or entity shall indicate one of the following: (1) The respondent agrees with the finding. (2) The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor. (b) As to each Grand Jury recommendation, the responding person or entity shall report one of the following actions: (1) The recommendation has been implemented, with a summary regarding the implemented action. (2) The recommendation has not yet been implemented, but will be implemented in the future, with a time frame for implementation. (3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a time frame for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This time frame shall not exceed six months from the date of publication of the Grand Jury report. (4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor. (c) If a finding or recommendation of the Grand Jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the Board of Supervisors shall respond if requested by the Grand Jury, but the response of the Board of Supervisors shall address only those 220 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 37 OF 51 budgetary /or personnel matters over which it has some decision making authority. The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department. Comments to the Presiding Judge of the Superior Court in compliance with Penal Code §933.05 are required and requested from: Findings – 90-day Response Required Orange County Board of Supervisors: F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12, F13, F14, F15, F16, F17 City of Anaheim: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 City of Brea: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 City of Cypress: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 City of Fountain Valley: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 City of Fullerton: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 City of Huntington Beach: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 City of Lake Forest: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 City of Orange: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 City of Placentia: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 City of San Juan Capistrano: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 City of Santa Ana: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 City of Tustin: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 City of Villa Park: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 City of Yorba Linda: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 221 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 38 OF 51 Recommendations – 90-day Response Required Orange County Board of Supervisors: R1, R2, R3, R4, R5, R6, R7, R8, R9, R10, R11, R12, R13, R14, R15, R16, R17, R18 City of Anaheim: R6 City of Brea: R6 City of Cypress: R6 City of Fountain Valley: R6 City of Fullerton: R6 City of Huntington Beach: R6 City of Lake Forest: R6 City of Orange: R6 City of Placentia: R6 City of San Juan Capistrano: R6 City of Santa Ana: R6 City of Tustin: R6 City of Villa Park: R6 City of Yorba Linda: R6 222 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 39 OF 51 REQUESTED RESPONSES Findings – 90-Day Response Requested Orange County Animal Care: F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12, F13, F14, F15, F16 OC Human Resources Services: F1, F2, F3, F4, F9 Orange County County Counsel: F10, F11, F17 Recommendations – 90-Day Response Requested Orange County Animal Care: R2, R3, R4, R5, R6, R7, R8, R9, R10, R11, R12, R13, R14, R15, R16, R17 OC Human Resources Services: R1, R2, R9, R13 Orange County County Counsel: R10, R18 223 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 40 OF 51 REFERENCES American Bar Association, Tort, Trial, and Insurance Practice Section. “Report to the House of Delegates Resolution 102B.” 2017.Accessed September 30, 2022. American-Bar- Association-TNVR-report.pdf (maddiesfund.org) American Society for the Prevention of Cruelty to Animals. “Asilomar Accords: Definitions.” 2004. Accessed January 28, .2023, Asilomar Accords: Definitions | ASPCA Association of Shelter Veterinarians “Shelter Terminology.” 2017. Accessed March 25, 2023, Microsoft Word - Shelter Terminology (sheltervet.org) City of Garden Grove. “Ordinance NO. 2911”. 2019. Accessed January 28, 2023. 11-26- 19_cc_Ordinance_Amending_Animal_and_Fire_Dept_Related_Regulations.pdf City of West Hollywood. “An Ordinance of the City of West Hollywood Establishing a Trap-Neuter-Return Program for Community Cats; Amending the Language of the Municipal Code to Reflect a Change in Nomenclature From "Feral Cats" to Community Cats"; Updating Section 9.48.080 To Reflect the Current Code Provision Regarding Animal Noise and Determination that the Project is Exempt From CEQA.” November 4, 2019. “California Population.” Accessed March 22, 2023. Orange County, California Population 2023 (worldpopulationreview.com) Human Animal Support Services. “Animal Shelter Speak: Understanding Common Animal Services Jargon. 2023. Accessed March 25, 2023. Animal Shelter Speak: Understanding Common Animal Services Jargon - HASS (humananimalsupportservices.org) Newbury, Sandra et al. “Guidelines for Standards of Care in Animal Shelters. The Association of Shelter Veterinarians. 2010. shelter-standards-oct2011-wforward.pdf (sheltervet.org). North Shore Animal League. “Did you Know?” 2011. Accessed February 24, 2023 cats-multiply-pyramid.pdf (animalleague.org) Orange County Animal Care “Strategic Plan – 2018” accessed January 28, 2023. ocac_2018_strategic_plan.pdf (stayinalivelongbeach.org) Orange County. Office of Performance Audit. “Performance Audit of Orange County Animal Care.” Final Report (#141505). Orange County California, 2015. Microsoft Word - Animal Care Report (ocgov.com) Orange County Grand Jury 2014-2015. “If Animals Could Talk About the Orange County Animal Shelter.” 2015. Accessed January 28, 2023. Shelter_Performance_V8R2_web.pdf (ocgrandjury.org) Orange County Grand Jury 2014-2015. “The Orange County Animal Shelter: the Facility, the Function, the Future.” 2015. Accessed January 28, 2023. OC_animal_shelter.pdf (ocgrandjury.org). 224 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 41 OF 51 Orange County Grand Jury 2007-2008. “Is Orange County Going to the Dogs”. 2008. Accessed January 28, 2023. 2023, IS ORANGE COUNTY GOING TO THE DOGS (ocgrandjury.org) Orange County Grand Jury 2003-2004. “The Orange County Animal Shelter, Are Improvements Needed?” 2004. Accessed January 28, 2023. Microsoft Word - AnimalShelterReport draft 12a.doc (ocgrandjury.org). Orange County Grand Jury 1999-2000. “We Can do Better…Improving Animal Care in Orange County.” 2000. Accessed January 28, 2023. FINAL.PDF (ocgrandjury.org) 225 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 42 OF 51 APPENDIX 1 Table 1 - Adult Cat Euthanasia and TNR Rates by Quarter Adult Cats Euthanized as a % of Adult Cat Asilomar Outcomes net of TNR Outcomes Adult Cat TNR Outcomes as % of adult Cat Asilomar Outcomes 2018 Q3 23.17% 40%   Q4 17.27% 36% 2019 Q1 17.42% 41%   Q2 26.81% 49%   Q3 24.95% 47%   Q4 18.77% 31% 2020 Q1 18.08% 37%   Q2 42.65% 5%   Q3 41.67% 4%   Q4 25.50% 1% 2021 Q1 27.50% 0%   Q2 27.31% 0%   Q3 25.86% 0%   Q4 23.21% 0% 2022 Q1 21.93% 0%   Q2 30.12% 0%   Q3 24.73% 0%   Q4 26.26% 0% Table 2 - Adult Cat Euthanasia Sample T-Test Adult Cats Euthanized as a % of Non-TNR Asilomar Outcomes Q3 2018 thru Q1 2020 vs. Q2 2020 thru Q4 2022 (TNR period vs. No TNR period) t-Test: Two-Sample Assuming Unequal Variances   Q3 2018 to Q1 2020 Q2 2020 to End of Year 2022 Mean 20.9% 28.8% Variance 0.001571145 0.004841058 Observations 7 11 Hypothesized Mean Difference 0 df 16 t Stat -3.0532928 P(T<=t) one-tail 0.003793173 t Critical one-tail 1.745883676 226 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 43 OF 51 APPENDIX 2 Table 3 - Dog Behavioral Euthanasia Rates by Quarter All Dogs Euthanized for Behavior as % of all Adult Dog ASILOMAR Outcomes Dogs Euthanized for Behavior All Dog Asilomar Outcomes % Dogs Euthanized 2018 Q4 8 1356 0.59% 2019 Q1 21 1385 1.52% Q2 15 1384 1.08% Q3 15 1522 0.99% Q4 16 1312 1.22% 2020 Q1 13 1146 1.13% Q2 7 701 1.00% Q3 13 817 1.59% Q4 13 791 1.64% 2021 Q1 8 746 1.07% Q2 10 824 1.21% Q3 18 868 2.07% Q4 49 882 5.56% 2022 Q1 27 956 2.82% Q2 44 962 4.57% Q3 23 1143 2.01% Table 4 - Dog Behavioral Euthanasia Rates 2 Sample T-Test All Dogs Euthanized for Behavior as a % of All Dog ASILOMAR Outcomes Q4 2018 to Q2 2021 vs Q3 2021 to Q3 2022 t-Test: Two-Sample Assuming Unequal Variances   Q4 2018 to Q2 2021 Q3 2021 to Q3 2022 Mean 1.19% 3.41% Variance 9.40995E-06 0.000251006 Observations 11 5 Hypothesized Mean Difference 0 df 4 t Stat -3.109244662 P(T<=t) one-tail 0.017949066 t Critical one-tail 2.131846786   227 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 44 OF 51 APPENDIX 3 Orange County Grand Jury Animal Shelter Contract City Survey 1. How long has your city been serviced by the Orange County Animal Shelter? a. What factors motivated the city to contract with the Orange County Animal Shelter? 2. What Services have you contracted for the Orange County Animal Shelter? (i.e., Shelter; Animal Control, Licensing, other) 3. What Animal control and care services does the city continue to reserve for itself or contract out to other agencies or vendors not with the Orange County Animal Shelter? (i.e., Control, Licensing, other) 4. How often is the city contract with the Orange County Animal Shelter reviewed and renewed? 5. Describe any regularly scheduled processes the city has in place to review the quality of service provided by the Orange County Animal Shelter. a. Describe the measure or metrics the city uses when evaluating the Animal Shelter. Please provide a copy of the last review of the Animal Shelter conducted by the city. b. Describe any review of the Orange County Animal Shelter and the services it provides as part of Shelter contract review and renewal? c. Who conducts Animal Shelter reviews for the city. d. Are Animal Shelter reviews presented to the city council for their consideration? 6. Does your City have an appointed member of city staff to serve as liaison between the city and OC Animal Shelter management? a. How frequently does your city meet with the OC Animal Shelter management? 7. As it relates to the sheltering and adoption services provided by the Orange County Animal Shelter(if any) describe your level of satisfaction or any concerns with the service and support. 8. As it relates to Animal Control services being provided (if any) describe your level of satisfaction or any concerns with the service and support. 9. As it relates to Licensing fees and processing (if any) describe your level of satisfaction or any concerns with the service and support. 10. How reasonable are the County fees for providing this service? 11. Have members of you community voiced any concern with Orange County Animal Shelter policies or practices. a. Please provide the Grand Jury with the any of the city’s complaint logs or records pertaining to the Orange County Animal Shelter. 12. Are there any improvements in the service OC Animal Shelter provides or in the City’s relationship with the Shelter you would like to see? 228 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 45 OF 51 APPENDIX 4 Orange County Grand Jury Independent City Shelter Survey 1. How is the shelter organized and management governance accomplished at your Center? 2. How many cats, dogs and other animals can you shelter? 3. What services do you provide your local community? 4. How many total staff and volunteers are working or engaged with the shelter? 5. How many volunteers do you require on a daily or weekly basis? a. Do you have adequate volunteers? 6. Do you promote spay/neuter services to the members of your community? a. If yes, is there a cost to the individual? 7. From your perspective what are the challenges faced by your Center? 8. Does your center practice TNR (Trap Neuter Return)? a. If no, was it ever in place and then discontinued - why? b. If yes, how effective is the program? 9. Does your center accept healthy cats and put them up for adoption? a. If yes, please describe the process. 10. What are the parameters that guide euthanasia at your shelter? 11. Do you have an animal behaviorist on staff? If no, why not? 12. Do you have any interaction with the Orange County Animal Shelter? a. If yes, please describe. b. If no, why? 13. How is adoption handled in your center? (Adoption by appointment system, open visits, other)? 14. Do your adoption totals include totals transferred to rescues or does it apply only to private parties? 15. Please provide statistics (attachment) for your center (intake, adopted, transferred to shelter, euthanized, etc. by animal type for the current and past 3 years). 16. How does your center respond to complaints from the community and animal activists? 17. If tracked, please provide statistics on complaints you received. 18. Please provide intake statistics (by Cats and Dogs) for the current and 3 past years: a. Strays b. Relinquished by owner c. Owner intended Euthanasia d. Other Intakes 19. Please provide live outcomes statistics (by Cats and Dogs) for the current and 3 past years: 20. Adoptions a. Return to Owner b. Transferred to another agency c. Returned to Field 21. Please provide other outcomes statistics (by Cats and Dogs) for the current and 3 past years: a. Died in Care b. Shelter Euthanasia 229 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 46 OF 51 APPENDIX 5 OCAC 4th Quarter 2022 Asilomar Report 230 Shelter Animals Count OC Anima l Care --8 -- National Shelter Statistics Project Data Matrix Octo ber -Uecember20:n A ll.EGU'\~L,G Sll[LTER COL-NT: 1010112022 B ~t ray/A t Lar ge C Rdi11qub,1u:<l L y Owm:..- 0 O·wn.er I n.tended Euth.1..11.2".~•"0 E Tra.n.sferred i.nfromAge .. n cy O t1Le .1'. Inl akes (Lu:ludes Con 11scales 1·esult.ing froin b ites o r cruelty investiga tion s and Disast er r elat e d F impo unds) :?.1~ 4b 777 109 28 6 135 22 125 10 31 lb7 835 <18 l, TOT AL LIVE INT AKE (B+C+D+E+r) 1,tx;7 lB 1,160 :,J9 691 1.l;j(J H ADJ\ ST[D T OTAi 11'\TAKf ((,-IJ) AdopHon Re turn ed to Own er I\ Tran sferre d to a.n o tJ-1.er Agen cy L R etu rned to FicJd (TNR P r ogram) !\1 SUBTOTAL: LIVE OUTCOMES (l+)+K+L) ~ D icd in Care O Lost in Care p Shelter Euthanasia Q Owner I ntend ed Euthanasia..,,•• R s SUBTOT AL, OTHER OUTCOMES (N , 0, P, Q ) I O JAI A -.;JJ 0 \1A l{O l lllJ\H S(M -t l') AIIAAAA .... _AiAAAIA 476 72 159 895 357 27 149 30 78 185 983 109 1.002 264 1,084 1.348 10 35 94 140 10 68 101 176 280 N-fWM►Wm-;w+MMN ►iW Mil ■ ■'PSI 2,007 209 174 1,602 394 442 2,440 51 2% 348 M 2 1--10 ~, 26 2i7 A<;JI 0\1AR 11 \ I R 1 1 l:.A\J RATl /PFR( f '\T,\<, I (l •l -tKd),~• 'i,\\'J, RAI .. /Pl R C l \;1Af,f \1/(\1 ,R )'" Elii&EIMIII-FFEF+AFHEM!if& ---------■lllrSt:tttW■filtZ "Live release rate was calcv.lated by dfriding the Live Ot:tcomes by the Totai A silomar Outcomes. Note that owner surrender f or euthanasia (owner intended e u thanru:ia) and died/lo~t in CllN' w.-re remov ed.from total1: p.-r the A~ilomar al'c-ord~formufo . ...,.Save rate mcludes a,umals surrender€d foreuth anas,a as well as am ma!s which were {ost or died m care. ,..v Proof of animal suffering impacting life quality or aggressive behaviors presenting a risk to public sa_fety are required by owners requesting this se,vice. oc Animal Care --e -- 1630 Victo~ Road, Tustin CA 92782 www.ocpeti nfo.com Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 47 OF 51 ABBREVIATIONS: ABA: American Bar Association ASPCA: The American Society for the Prevention of Cruelty to Animals ASV: Association of Shelter Veterinarians CDPH: California Department of Public Health HASS: Human Animal Support Services HSUS: Human Society of the United States OCAC: Orange County Animal Care OCCR: OC Community Resources OCGJ: Orange County Grand Jury OCHRS: OC Human Resource Services NACA: National Animal Control Association NGA: Non-government Organization TNR: Trap, Neuter, Return 231 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 48 OF 51 GLOSSARY: Adoption Barriers Policies or procedures that make adoption, fostering, or volunteering a challenge. Asilomar Asilomar refers to an animal welfare industry conference held at Asilomar in Pacific Grove, California. Statistical guidelines developed from this meeting became known as the Asilomar Accords. Participating shelters compile their own data into ‘Asilomar’ reports, publish their data, and forward their reports to Humane Rescue Alliance which compiles nationwide animal welfare statistics. Behavior Dogs Dogs identified as having challenging behaviors. Capacity for Care Capacity for Care is an organization’s ability to appropriately care for the animals it serves. This is based on a range of parameters including, but not limited to, the number of appropriate housing units; staffing for programs or services; staff training; average length of stay; and the total number of reclaims, adoptions, transfers, returns, or other outcomes. Community Cat An unowned cat can be social with people or not. A “Community Cat” is an umbrella definition that includes any outdoor, free roaming cat. These cats may be “Feral” (un- socialized) or friendly or may have been born into the wild. Usually, a Community Cat is a friendly cat. Feral Cats Feral cats are not socialized to, and are extremely fearful of, contact with people. Typically, they do not respond well in captivity. A feral cat is typically born in the wild or outdoors with little to no human interaction. If you attempt to get too close or try to pet them, feral cats view your hand as a claw that will harm them and will hiss and/or run away. Feral cats are born from other ferals or from stray cats. Kill / No Kill Kill / No Kill refers to a shelter’s policy respecting euthanasia. A no kill shelter will not conduct euthanasia, with exceptions for humane reasons. Practices of no kill shelters vary along a spectrum that reject the use of euthanasia as a primary means of population control and health management. A kill shelter will conduct euthanasia for a variety of reasons that include animal control, medical and population control, and 232 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 49 OF 51 behavior. Many municipal shelters are “kill” shelters as their mandates often include animal control. Kitten Season A busy time in the animal shelter world when feral and community cats have kittens. The season occurs during warm weather months. Also referred to as cat breeding season. Typically kitten season is March-October but varies from place to place and in some areas is year-round. Legal Retention The number of days a shelter is required by law to hold an animal for recovery by owner prior to placing the animal for adoption, for sale, or euthanizing. Live Outcome Types Adoption: an animal is adopted Return-to-Owner: an animal is returned to the custody of their human/s. Transferred-Out: an animal is transferred to the custody of another organization. Trap Neuter Return: an animal is returned to their habitat or community after being treated for medical conditions, including spay/neuter. Return to Field: putting an animal back where it was found, often as part of a TNR program. Live Release Rate (Asilomar Report) Live Release Rate is the proportion of animals leaving the shelter alive to the total number of animals leaving alive plus the number of shelter directed euthanized animals. Live outcomes are usually achieved through adoption, reclaim by owner, transfer to another agency or other life‐saving actions Other Outcome Types Died in Care: any animal who died while in the custody of the shelter, not by euthanasia. Euthanized/Killed: any animal whose life was ended purposefully while in custody of the organization. Rescue Groups Rescue Groups are often operated by a network of foster home‐based volunteers that may or may not be associated with a standing facility. These organizations often accept difficult‐to‐adopt animals from other shelters and may transfer them or facilitate adoptions outside of the shelter setting. 233 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 50 OF 51 Return to the Field An animal who has been returned to its home or habitat. Also referred to as relocate, return to community, or return to wild. Save Rate (Asilomar Report) Save Rate is the proportion of animals leaving the shelter alive to the total number of animal outcomes. Shelter Types Municipal: an organization that provides the animal care services of a city, county, or cities or counties. Municipal Contract: A private organization that provides contracted services for the animal care of a city, county, or cities or counties. Rescue without a Municipal Contract: a private organization that has no affiliation to the city or county animal services. Foster based Rescue without Shelter: an organization who houses all animals in its custody in foster homes. Sanctuary: An organization that offers animals a place to live out the remainder of their life. Sometimes sanctuaries offer the option of adoption placement. Animal welfare sanctuaries often offer this space for animals that have exhausted all other local resources, as an alternative to death. Stray Hold The number of days a shelter must hold a stray animal before determining the outcome, as determined by local ordinances. These vary from place to place. TNR (Trap‐Neuter‐Return) TNR (Trap‐Neuter‐Return) refers to an approach for managing community cats that is an alternative to shelter impoundment. In appropriately managed TNR programs, cats are humanely trapped and surgically sterilized, vaccinated, ear tipped, and returned to the location from where they were trapped. TNR cats are often not taken into the custody of a spaying/neutering organization because they generally have established community colonies to which they are quickly returned. Community cat colonies are often under the care of a local human member of a community. Treatable Treatable means dogs and cats with medical or behavioral issues that can be rehabilitated and managed. 234 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 51 OF 51 Unhealthy and Untreatable Unhealthy and untreatable means dogs and cats who, at or subsequent to the time they are taken into possession: 1. have a behavioral or temperamental characteristic that poses a health or safety risk or otherwise makes the animal unsuitable for placement as a pet, and are not likely to become healthy or treatable; or 2. are suffering from a disease, injury, or congenital or hereditary condition that adversely affects the animal’s health or is likely to adversely affect the animal’s health in the future, and are not likely to become healthy or treatable; or 3. are under the age of eight weeks and are not likely to become healthy or treatable, even if provided the care typically provided to pets by reasonable and caring pet guardians in the community. DISCLAIMER Reports issued by the Grand Jury do not identify individuals interviewed. Penal Code Section 929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Grand Jury. 235 City Council Office: 714.536.5553 CITY OF HUNTINGTON BEACH 2000 MAIN STREET, HUNTINGTON BEACH, CALIFORNIA 92648-2702 September 19, 2023 Honorable Maria Hernandez Presiding Judge of the Orange County Superior Court 700 Civic Center Drive, West Santa Ana, Ca. 92701 Re: City of Huntington Beach Response 2022-2023 Orange County Grand Jury Report Gimme Shelter and a Pound of Advice Honorable Presiding Judge Hernandez: The City of Huntington Beach received and reviewed the referenced Grand Jury Report, and in accordance with the Grand Jury’s request, approved the following responses to the report. Responses and Findings: F4: Based upon industry standards and best practices, Orange County Animal Care kennel attendants are understaffed to meet the needs of animals under care. Response: Reviews specific to operations of the Orange County Animal Shelter have not been conducted by the City of Huntington Beach. F6: The Orange County Animal Care Volunteer program was stopped during COVID-19 and restarting the program has been slow, resulting in decreased animal socialization and enrichment. Response: Reviews specific to operations of the Orange County Animal Shelter have not been conducted by the City of Huntington Beach. F7: Orange County Animal Care’s Behavior Evaluation Committee evaluates dogs for euthanasia without written guidelines, policies, or procedures, resulting in inconsistent outcomes over time. Behavior evaluated euthanasia outcomes are dependent on the experience and personal considerations of the individual committee members and management rather than written objective standards. Response: Reviews specific to operations of the Orange County Animal Shelter have not been conducted by the City of Huntington Beach. 236 City Council Office: 714.536.5553 F8: The rate of behavioral euthanasia of dogs has increased significantly over the last 2 years. Response: Reviews specific to operations of the Orange County Animal Shelter have not been conducted by the City of Huntington Beach. F9: Orange County Animal Care does not employ a professional or trained and certified animal behaviorist to oversee the shelter’s dog enrichment program, resulting in dogs with declining behavior being placed at greater risk of being euthanized. Response: Reviews specific to operations of the Orange County Animal Shelter have not been conducted by the City of Huntington Beach. F10: While many county and city animal shelters throughout the state have active Trap, Neuter, and Return programs, Orange County Animal Care stopped its Trap, Neuter, and Return program, reportedly on the basis of the County Counsel’s legal opinion that the program violates a California statute related to willful animal abandonment. Response: Reviews specific to operations of the Orange County Animal Shelter have not been conducted by the City of Huntington Beach. F11: The termination of the Trap, Neuter, and Return program is correlated with an increase in adult cat euthanasia rate at the shelter. Response: Reviews specific to operations of the Orange County Animal Shelter have not been conducted by the City of Huntington Beach. F12: There have been public concerns and requests expressed over the years for public programs to include a spay/neuter program by Orange County Animal Care. Response: The City of Huntington Beach agrees with this finding. The City of Huntington Beach has received complaints regarding OCAC’s spay/neuter program. F13: The current adoption appointment system restricts public access to the dog kennels, thereby limiting potential adopters’ access to all available animals. Response: Reviews specific to operations of the Orange County Animal Shelter have not been conducted by the City of Huntington Beach. 237 City Council Office: 714.536.5553 F15: Internal and community engagement does not adequately communicate the shelter’s mission and operating strategy. Response: Reviews specific to operations of the Orange County Animal Shelter have not been conducted by the City of Huntington Beach. F16: The information currently on the Orange County Animal Care website for low-cost spay/neuter is not up to date with regard to referrals and prices for spay/neuter procedures. Response: Reviews specific to operations of the Orange County Animal Shelter have not been conducted by the City of Huntington Beach. R6: By June 30, 2024, the Board of Supervisors should evaluate the strategic option of creating a Joint Powers Authority for the County and fourteen contract Cities to take ownership and shared responsibility for the financial and operating policies and practices of OCAC. Response: The City of Huntington Beach agrees with this finding. Respectfully, Tony Strickland Mayor Cc: Al Zelinka, City Manager Eric Parra, Chief of Police 238 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-845 MEETING DATE:10/17/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Al Zelinka, City Manager VIA:Eric Parra, Chief of Police PREPARED BY:Capt. Gaute Svendsbo Subject: Adopt Ordinance No. 4302 amending Huntington Beach Municipal Code (HBMC) Chapter 10.84 relating to bicycle regulations Approved for Introduction on September 19, 2023 by a vote of 6-0-1 (Burns-Absent) Statement of Issue: The City has seen an increase in the use of various classes of electric bicycles and other motorized conveyances throughout our communities. A review of our Municipal Code revealed many existing laws were outdated and did not address these increases. Updates are needed to our Municipal Code to properly address these issues and give the Police Department more tools to enforce bicycle safety laws for the wellbeing of our residents and visitors alike. Financial Impact: This action does not require any commitment of funding. Recommended Action: Adopt Ordinance No. 4302, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 10.84 of the Huntington Beach Municipal Code Relating to Bicycle Regulations.” Alternative Action(s): Do not approve, and direct staff accordingly. Analysis: E-Bikes and electric motorcycles have been increasing in popularity on our roadways, specifically in coastal cities such as Huntington Beach. Conveyances are now being produced that do not fit into categories already defined by existing law. This makes enforcement particularly difficult due to the fact laws regulating the operation of different mechanisms vary based on the device, and some of these devices are not clearly defined in the California Vehicle Code. E-bikes have developed beyond the existing definitions, such that laws regarding licensing, age, and equipment can no longer be City of Huntington Beach Printed on 10/12/2023Page 1 of 2 powered by Legistar™239 File #:23-845 MEETING DATE:10/17/2023 enforced. Multiple subject matter experts have conflicting opinions on which laws apply to each type of apparatus, making it unclear which section to enforce. Creating an unambiguous municipal code section, such as the proposed 10.84.140, to more broadly define these conveyances, will eliminate confusion and consolidating unsafe actions into one clear section. In addition, this municipal code provides officers the discretion to write a civil citation or a criminal citation, whichever is determined to be the more appropriate action for a given situation. The revisions also eliminate outdated language for release fees, making the law consistent with existing fee schedules. The revisions also change the language to be consistent with Council Resolution 2009-34. Lastly, additional definitions have been added to the beginning of the chapter, to be consistent with the California Vehicle Code. 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: Goal 8 - Public Safety, Strategy A - Community-wide comprehensive risk reduction program. For details, visit www.huntingtonbeachca.gov/strategicplan. Attachment(s): 1. Ordinance 4302. 2. Resolution 2009-34 (07-06-2009). City of Huntington Beach Printed on 10/12/2023Page 2 of 2 powered by Legistar™240 241 ORDINANCE NO. 4302 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 10.84 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO BICYCLE REGULATIONS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. That Section 10.84 .005 of the Huntington Beach Municipal Code, is hereby amended to read as follows: 10.84.005 Definitions For the purpose of this Chapter, the following words and phrases are defined as follows: "Bicycle" is a device upon which any person may ride, propelled by human power through a system of belts, chains, or gears, and having either two or three wheels in a tandem or tricycle arrangement. "Bicycle path" is a pathway for bicycle riders that has been physically separated from a roadway. "Electric Bicycle" is a bicycle equipped with fully operable pedals and an electric motor of less than 750 watts as defined by California Vehicle Code Section 312.5(a). "Highway" is a way or place of whatever nature, maintained and open to the use of the public for purposes of vehicular travel. "Highway" includes street. "Motor Driven Cycle" is a motorcycle with a motor that displaces less than 150cc per California Vehicle Code Section 405. "Motorized scooter" shall have the same definition as that of California Vehicle Code Section 407.5(a). "Moped or Motorized Bicycle" is any two or three wheeled device having fully operative pedals for propulsion by human power, or having no pedals if powered solely by electrical energy, has an automatic transmission, and a motor which produces less than 4 gross brake horsepower and is capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground as defined by California Vehicle Code Section 406(a). "Pocket Bike" is a two-wheeled motorized device having a seat or saddle for the use of the rider that is not designed or manufactured for highway use. A pocket bike does not include an off-highway motorcycle, as defined in California Vehicle Code Section 436."Bicycle lane" is that portion of a roadway, other than state and county highways, set aside by striping for the use of bicycle riders and so designated, as provided in this Chapter. 242 ORDINANCE NO. 4302 "Police Chief' shall include his or her designated representative. "Roadway" is that portion of a highway improved, designed, or ordinarily used for vehicular travel. SECTION 2. That Section 10.84.080 of the Huntington Beach Municipal Code is hereby amended to read as follow: 10.84.080 Reserved. SECTION 3 . That Section 10.84.120 of the Huntington Beach Municipal is hereby amended to read as follows: 10.84.120 Impounding -Parked Bicycles No person shall park or leave a bicycle in the area between Pacific Coast Highway and -the mean high tide line of the Pacific Ocean in a manner so as to block or impede any road, vehicle route, walkway or path, or so as to block or impede ingress or egress from any building, stair, pier or bridge. No person shall leave a bicycle locked or unlocked in any public place in excess of 72 hours, or left abandoned as evidenced by signs of disuse or neglect. Any bicycle so parked or left abandoned may be impounded by the Community & Library Services Department or by the Police Department. The fee will be consistent with the HBPD Fee Schedule . SECTION 4. That Section 10.84 .140 of the Huntington Beach Municipal Code is hereby added to read as follows: 10.84.140 Riding a Bicycle or Similar Conveyance in an Unsafe Manner No person shall ride a conventional bicycle, electric bicycle, moped, motor-driven cycle, electric motorcycle, pocket bike, or any other electric conveyance not previously named in an unsafe manner on a public roadway, highway, sidewalk, park, or private prope1iy open to the public. (a) Unsafe manner means a rider violating any existing Huntington Beach Municipal Code, California Vehicle Code, or other existing law. An unsafe manner can also be defined as operating the conveyance in such a way as to constitute a danger to the operator, a passenger, other motorists, other riders , or pedestrians in the area. (b) Examples of riding in an unsafe manner may include, but are not limited to, the following actions: a. Riding on a sidewalk without due caution for pedestrians. b. Riding on a sidewalk, highway, bicycle path, or bicycle lane against the flow of traffic . 318313 /23-13365 2 243 ORDINANCE NO. 4302 c. Not yielding to vehicles or pedestrians when required to by the California Vehicle Code. d. Intentionally swerving or riding around stopped or slowed traffic. e. Operating a conveyance in a manner it was not designed for, including carrying passengers when not designed for carrying passengers. f. Not obeying posted signs. g. A person under the age of 18 riding without a properly fitted and fastened helmet. h. Intentionally lifting one or more wheels into the air while riding on a highway, sidewalk, bicycle lane, or bicycle path. 1. Riding on a bicycle path, bicycle lane, or sidewalk at a speed greater than 25 mph or any speed greater than is reasonable or prudent under the conditions then existing, or at a speed which endangers the safety of persons or property. SECTION 5. That Section 10.84.150 of the Huntington Beach Municipal Code is hereby added to read as follows: 10.84.150 Impounding of Bicycle or Similar Conveyance If a juvenile subject is cited or arrested for a violation of any section in this Chapter, the officer may impound the bicycle to the Huntington Beach Police Department, such that the conveyance may be released to a responsible adult. The fee for release will be consistent with the HBPD Fee schedule. Bicycles impounded and retained by the Police Department hereunder shall be considered abandoned after a period in excess of 90 days and may be disposed of as restricted by Civil Code Sections 2080.1, 2080.2, 2080.3, 2080.4 and 2080.5. SECTION 6. That Section 10.84.280 of the Huntington Beach Municipal Code is hereby amended to read as follow: 10.84.280 Reserved. SECTION 7. This ordinance shall become effective 30 days after its adoption. 318313/23-13365 3 244 ORDINANCE NO. 4302 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the ___ day of __________ , 2023 . ATTEST: Mayor City Clerk REVIEWED AND APPROVED: City Manager 318313 /23-13365 4 245 10.84.120 Impounding -Parked Bicycles No person shall park or leave a bicycle in the area between Pacific Coast Highway and the mean high tide line of the Pacific Ocean in a manner so as to block or impede any road, vehicle route, walkway or path, or so as to block or impede ingress or egress from any building, stair, pier or bridge. No person shall leave a bicycle locked or unlocked in any public place in excess of 72 hours, or left abandoned as evidenced by signs of disuse or neglect. Any bicycle so parked or left abandoned may be impounded by the Community & Libraty Services Department or by the Police Department. The fee will be consistent with the HMPD Fee Schedule., and may be held until the sum of five dollars has been collected to defray the cost of impound. 810.84.140 Riding a Bicycle or Similar Conveyance in an Unsafe Manner No person shall ride a conventional bicycle. electric bicycle, moped, motor-driven cycle. electric motorcycle. pocket bike. or any other electric conveyance not previously named in an unsafe manner on a public roadway. highway. sidewalk, park. or private property open to the public. (a) Unsafe manner means a rider violating any existing Huntington Beach Municipal Code. California Vehicle Code. or other existing law. An unsafe manner can also be defined as operating the conveyance in such a way as to constitute a danger to the operator, a passenger, other motorists. other riders. or pedestrians in the area. (b) Examples of riding in an unsafe manner may include. but are not limited to, the following actions: a. Riding on a sidewalk without due caution for pedestrians. b. Riding on a sidewalk. highway. bicycle path, or bicycle lane against the flow of traffic. c. Not yielding to vehicles or pedestrians when required to by the California Vehicle Code. d. Intentionally swerving or riding around stopped or slowed traffic. e. Operating a conveyance in a manner it was not designed for. including caiTying passengers when not designed for carrying passengers. f. Not obeying posted signs. g. A person under the age of 18 riding without a properly fitted and fastened helmet. h. Intentionally lifting one or more wheels into the air while riding on a highway. sidewalk, bicycle lane, or bicycle path. 1. Riding on a bicycle path, bicycle lane, or sidewalk at a speed greater than 25 mph or any speed greater than is reasonable or prndent under the conditions then existing. or at a speed which endangers the safety of persons or property. 10.84.150 Impounding of Bicycle or Similar Conveyance If a juvenile subject is cited or arrested for a violation of any section in this Chapter, the officer may impound the bicycle to the Huntington Beach Police Department, such that the conveyance may be released to a responsible adult. The fee for release will be consistent with the HBPD Fee schedule. Bicycles impounded and retained by the Police Depaiiment hereunder shall be 246 Council/Agency Meeting Held: 9--~ -D'J Deferred/Continued to: --------- Council Meeting Date: 7/6/2009 Department ID Number: SUBMITTED TO: SUBMITTED BY: PREPARED BY: SUBJECT: CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION Honorable Mayor and City Council Members Jennifer McG~ity Attorney Jennifer McG~City Attorney Adoption of Resolution to ln9r~~se Civil Fine Amounts J. /VJc_b[l.MJ1-, C.11 . cj./-(l:=1-J vr-;1.-(__t' ~ Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: In the last ten years, only fine amounts for specific violations of Huntington Beach Municipal Code relating to business regulations and zoning have been increased . The fine amounts for other civil violations of the Huntington Beach Municipal Code should be increased . Funding Source: No funds required. Recommended Action: Motion to: Adopt Resolution No . 2009-34 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REVISING AND RESTATING THE FEE SCHEDULE FOR CIVIL FINES FOR MUNICIPAL CODE VIOLATIONS ." Alternative Action(s): Do no adopt Resolution No . 2009-34 . Analysis: In 1998, the City established an administrative citation program (Chapter 1.18 of the HBMC). At that time, fines for civil violations were set by Resolution No. 98-43. Since that time, the fine amounts were increased for specific HBMC violations relating to business regulations and zoning; however, fines for non-specific violations have not increased in more than 10 years. · Staff is recommending a $25.00 increase for the first violation, a $50.00 increase for the second violation, and a $100.00 increase for the third violation in a twelve month period . These new fine amounts would apply to violations such as dogs off leash, newsrack violations, cell phone usage in the library, and violations of beach and pier regulations . 247 REQUEST FOR CITY COUNC~L ACTION MEETING DATE: 7/6/2009 DEPARTMENT ID NUMBER: CA 09-17 Strategic Plan Goal: Maintain and enhance public safety; maintain and enhance our financial reserves . Environmental Status: Not applicable Attachment(s): ' • • • • C i .. . ' ' --' " --. .,, T T • • -, -· --' -.--. ' ' ' • • ' . · Qity C.lerk\s. . · . . ··r.agi N.umq~r . -No. -. · bes·~ri.P.tion · · . · -. • -·_ -• • -• : • • • , ' • • .. ff • • 1. Resolution No . 2009-34 titled "A Resolution of the City Council of the City of Huntington Beach Revising and Restating the Fee Schedule for Civil Fines for Municipal Code Violations." -2-6/9/2009 2:15 PM 248 II ATTACHMENT NO. 1 II 249 RESOLUTIONNO. 2009-34 A RESOLUTION OF THE CITY COUNCIL OF TIIE CITY OF HUNTINGTON BEACH REVISING AND RESTATING TIIE FEE SCHEDULE FOR CIVIL FINES FOR MUNICIPAL CODE VIOLATIONS WHEREAS, Resolution No. 2004-79 was adopted by City Council first setting the civil fines, interest and penalties to persons who are issued Administrative Citations pursuant to Chapter I . 18 of the Huntington Beach Municipal Code; and Section 1.18. 070 of the Municipal Code provides that the fines, interest and penalties shall be set by the City Council by resolution; and The civil fine amounts for specific violations of the Municipal Code were increased in 2007. However, fine amounts for miscellaneous violations of the Municipal Code have not been increased for over ten years, while the CPI has increased several times during the last decade; and The City Council has considered this matter and has determined to increase and set forth the specific fines, interest and penalties for various code violations, NOW, TIIEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach as follows: 1. The civil fines, interest and penalties and implementing provisions for violations of the Municipal Code pursuant to Chapter 1.18 shall be those as specified in Schedule l, attached hereto and incorporated herein. The increased fine amounts are in boldface type. 2. These fines, interest and penalties are subject to the provisions of said Chapter 1.18 and shall remain in force until changed by a new resolution of the City Council. 3 . Resolution No. 2007-22 and all other resolutions in conflict herewith are hereby · repealed. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 6th day of Jul 2009 . ~Mayor .·· .. APPROVED : 07-875.00234223 250 Resolution No. 2009-34 SCHEDULE 1 FINES, INTEREST, AND PENALTIES FOR MUNICIPAL CODE VIOLATIONS I. Fines. Violations of the Municipal Code of the City of Huntington Beach shall be subject to the fines shown below. A subsequent violation is any violation where the citee was cited one or more times in the preceding 12 months for the same violation, unless the violation was cancelled pursuant to Chapter 1.18. · FINE AMOUNT FINE AMOUNT CODE FOR FIRST FOR SECOND SECTION VIOLATION: VIOLATION: Violation of HBMC Titles 5, 8, 17 $250 $500 and HB Zoning & Subdivision Ordinance (EXCEPT for violation of Section 9 .52.010 and Huntington Beach Fire Code Section 7802.3 as Adopted by Huntington Beach Municipal Code Section 17.56 .010) Violation of Huntington Beach Fire $500 $1,000 Code Section 7802 .3 as Adopted by Huntington Beach Municipal Code Section 17.56.010. Violation of Huntington Beach Municipal Code Section 9 .52:010 $500 $1,000 Violation of all other Code sections. $125 $250 FINE AMOUNT - SUBSEQUENT VIOLATIONS $1,000 $1,000 $1,000 $600 2 . Interest on Fines. Interest shall accrue upon all delinquent fines and penalties at the annual rate of 18 per cent. This interest will be imposed and collected according to the discretion of the City Treasurer upon considering sucli factors bearing on practicability as to the cost to compute the interest owed, the amount of interest due, and its collectability. The purpose of granting this discretion to the Treasurer is to riot require collection of interest when it would not be cost effective. 3 . Late Payment Penalties . A $25 late payment penalty shall be owed for fines not paid within 30 days of their due date. The Treasurer shall have the same discr.etion over collection of late penalties as for interest as set forth in paragraph 2 above. 4 . Collections. Fines that are delinquent for 60 days or more and total at least $250 shall be processed through the abatement and/or assessment procedures specified in section 1.18 .150 of the Municipal Code. All other delinquent fines may be referred to a collection agency as determined by the City Treasurer. 07-875.00234223 2 251 Res. No. 2009-34 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN ·L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City , do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on July 6, 2009 by the following vote : AYES: NOES: ABSENT: Carchio , Bohr, Coerper, Hansen Dwyer Green, Hardy ABSTAIN: None · y Clerk and ex-offic City Council of the City of • Huntington Beach, California 252 RCA ROUTING SHEET INITIATING DEPARTMENT: City Attorney SUBJECT: Adopt Resolution to Increase Civil Fine Amounts COUNCIL MEETING DATE: July 6, 2009 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached □ Not Applicable ~- Resolution (w/exhibits & legislative draft if applicable) Attached ~ Not Applicable Tract Map, Location Map and/or other Exhibits Attached □ Not Applicable ~ ContracUAgreement (w/exhibits if applicable) Attached LJ (Siqned in full by the City Attorney) Not Applicable ~ Subleases, Third Party Agreements, etc. Attached □ (Approved as to form bv Citv Attornev) Not Applicable ~ Certificates of Insurance (Approved by the City Attorney) Attached u Not Applicable ~ Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ~ Not Applicable Bonds ( If applicable) Attached □ Not Applicable ~ Staff Report (If applicable) Attached LJ Not Applicable ~ Commission, Board or Committee Report (If applicable) Attached □ Not Applicable ~ Findings/Conditions for Approval and/or Denial Attached u Not Applicable ~ I I REVIE~ED .. ,.,\ _ QI 1nn9 \ Administrative Staff \ .,v.. • --·· ,-,r:/\,H \ Cit Administrator Initial \ ____ __::.''.~:~'.:.'.~..:.------- Cit Clerk ( ) EXPLANATION FOR RETURN OF ITEM: RCA Author: 34228-JM City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-843 MEETING DATE:11/7/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Al Zelinka, City Manager VIA:Eric Parra, Chief of Police PREPARED BY:Sgt. Mike Thomas Subject: Approve and accept the Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) and Pedestrian and Bicycle Safety grants; authorize the Chief of Police to execute documents and approve appropriation and expenditure of funds Statement of Issue: On July 14, 2023, the Huntington Beach Police Department received notice from the California Office of Traffic Safety (OTS) that the City of Huntington Beach was tentatively awarded two new one-year traffic safety grants. The first, a Selective Traffic Enforcement Program (STEP) grant (Grant Number PT24089) provides funding in the amount of $800,000 to reimburse the City’s costs associated with Sobriety/Driver License checkpoints, two full-time DUI enforcement officer positions, and focused and specific traffic enforcement operations. The STEP funds will also be used to raise awareness of the dangers of DUI through the Department’s “Know your Limit” campaign which is an educational tool directly targeting would-be drivers inside drinking establishments. Collectively, these targeted enforcement and education efforts are designed to reduce DUI related traffic collisions, injuries and fatalities. The second OTS grant (Grant Number PS24016) is in the amount of $42,895 to reimburse costs associated with pedestrian and bicycle safety and education. Since there are far too many injury traffic collisions occurring in the city which involve pedestrians and bicyclists, these funds will allow for targeted education and media campaigns to raise awareness of the importance of remaining alert and attentive. Financial Impact: These one-year reimbursable grants are funded by the California Office of Traffic Safety in the amounts of $800,000 and $42,895, which are to be expended between October 1, 2023 and September 30, 2024. The appropriation request is fully offset by this revenue source. Recommended Action: City of Huntington Beach Printed on 10/12/2023Page 1 of 3 powered by Legistar™253 File #:23-843 MEETING DATE:11/7/2023 A) Approve and accept the STEP and “Pedestrian and Bicycle Safety” grant agreements between OTS and the City of Huntington Beach for $800,000 and $42,895, respectively; and, B) Authorize the Chief of Police to execute the grant agreements with OTS; and, C) Approve appropriations and estimated revenue source in the amount of $800,000 and $42,895; and, D) Authorize the Chief of Police to establish separate business units for this funding and expend up to a total of $800,000 and $42,895 on the Selective Traffic Enforcement Program (STEP) grant and “Pedestrian and Bicycle Safety” grant. Alternative Action(s): Do not approve and direct staff accordingly. Analysis: With the safety of its residents and visitors as the highest priority, the City of Huntington Beach recognizes the devastating impacts of impaired driving. The City also understands the effectiveness of enforcement both in terms of prevention and as a deterrent. Both grant funds will supplement the department’s current efforts in reducing injury traffic collisions wherein DUI is a factor and will greatly enhance its ability to raise awareness across all modes of travel including vehicular, bicycle, and pedestrian traffic on City highways, streets and bike paths. The City of Huntington Beach is also currently undergoing several redevelopment roadway construction projects, which will add to both seasonal and normal vehicle traffic and pedestrian/bicycle related issues. In 2022, the police department investigated 780 injury traffic collisions, 74 of which were DUI related resulting in 155 injuries. Also during that time-period, the Police Department made 674 DUI arrests. This grant will allow us to use progressive and innovative enforcement techniques to increase DUI enforcement efforts, and continue to provide coverage with two full-time officers dedicated to DUI enforcement. In 2022, there were 310 collisions involving a pedestrian and/or bicycle. Of those collisions, 264 involved injuries and 12 resulted in death. We are seeking to use the proposed funding to increase traffic enforcement and expand public education to address and prevent traffic collisions resulting in injury and death. 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: Financial Sustainability, Public Safety or Other Attachment(s): City of Huntington Beach Printed on 10/12/2023Page 2 of 3 powered by Legistar™254 File #:23-843 MEETING DATE:11/7/2023 1. Agreement for OTS STEP Grant (Number PT24089) 2. Agreement for Pedestrian/Bicycle Safety Program Grant (Number PS24016) City of Huntington Beach Printed on 10/12/2023Page 3 of 3 powered by Legistar™255 256 State of California -Office of Traffic Safety GRANT AGREEMENT 1. GRANT TITLE Selective Traffic Enforcement Program (STEP) 2. NAME OF AGENCY Huntington Beach 4 . AGENCY UNIT TO ADMINISTER GRANT Huntington Beach Police Department 5 . GRANT DESCRIPTION 3 . Grant Period From: 10/01/2023 To: 09/30/2024 GRANT NUMBER PT24089 Best practice strateg ies will be conducted to reduce the number of persons killed and injured in crashes involvin g a lcohol and other primary crash factors. The funded strategies may include impa ired driving enforcement, enforcement operations focusing on prim ary crash factors, distracted driving, night-time seat belt enforceme nt, special enforcement operations encouraging motorcycle safety, enf orcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect. 6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $800,000.00 7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement: • Schedule A -Problem Statement, Goals and Objectives and Method of Procedure • Schedule B -Detailed Budget Estimate and Sub-Budget Estimate (if applicable) • Schedule B-1 -Budget Narrative and Sub-Budget Narrative (if applicable) • Exhibit A -Certifications and Assurances • Exhibit B* -OTS G r ant Program Manual • Exhibit C -Grant Electronic Management System (GEMS) Access *Items shown w ith an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto. These documents can be viewed at the OTS home web page under Grant s: www.ots.ca.gov. We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions. IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. 8 . Approval Signatures A. GRANT DIR ECTOR NAME: Thoby Archer TITLE: Lieutenant EMAIL: tarcher@hbpd.org PHONE: (714) 374-1610 ADDRESS: 2000 Main Street Huntington Beach, CA 92648 (Signature) (Date) C. F ISCAL OFFICIAL NAME: Kathy Baldwin TITLE: Accounting Techn ician II EMAIL: kbaldwin@hbpd .org PHONE: (714) 536-5935 ADDRESS: 2000 Main Street Huntington Beach, CA 92648 (Signature) (Date) 8/15/2023 4 :52:26 PM B. AUTHORIZING OFF ICIAL NAME: Eric Parra TITLE: Pol ice Chief EMAIL: eparra@hbpd.org PHONE: (714) 536-5904 ADDRESS: 2000 Main Street Huntington Beach, CA 92648 (Signature) (Date) D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY NAME: Barbara Rooney TITLE: Director EMAIL: barbara .ro oney@ots.ca .gov PHONE: (916) 509-3030 ADDRESS: 2208 Kausen Drive, Sui te 300 Elk Grove, CA 95758 (Signature) APPROV ED AS TO FORM B_Y.~: -----:-=:=--- -MICHAELE. GATES CITY ATTORNEY ClTY OF HUNTINGTON BEACH (Date) Page 1 of 17 257 E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu SAM#: LKKFRC4PW7L4 ADDRESS: 2208 Kausen Drive, Suite 300 Elk Grove, CA 95758 REGISTERED 10. PROJECTED EXPENDITURES FUND CFDA ITEM/APPROPRIATION F.Y. I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above. OTS ACCOUNTING OFFICER'S SIGNATURE DATE SIGNED 8/15/2023 4:52:26 PM ADDRESS: 2000 Main Street CITY: Huntington Beach ZIP+4: 92648-2702 CHAPTER STATUTE AGREEMENT TOTAL PROJECTED EXPENDITURES $800,000.00 AMOUNT ENCUMBERED BY THIS DOCUMENT $800,000.00 PRIOR AMOUNT ENCUMBERED FOR THIS AGREEMENT $ 0.00 TOTAL AMOUNT ENCUMBERED TO DATE $800,000.00 Page 2 of 17 258 State of California -Office of Traffic Safety GRANT AGREEMENT Schedule A 1. PROBLEM STATEMENT GRANT NUMBER PT24089 Huntington Beach is a unique city, given its population of over 200,000 people, its continued growth, miles of beachfront, large and expanding entertainment, populated hotel district, high traffic volume, and an estimated 16 million annual beach visitors. One thing that sets Huntington Beach apart, and provides continuing challenges to the police department, is the number of high-profile events that are regularly scheduled during the year. This includes the Surf City Marathon, AVP Volleyball competition, 4th of July Parade and Fireworks show, weekly Tuesday night downtown street fair, and the 9-day U.S. Open of Surfing. These events regularly draw large crowds, with the US Open of surfing drawing an estimated 500,000 visitors annually. People travel from all over California and the surrounding states to attend these events, which places a significant burden on the Huntington Beach Police Department for emergency services. With restrictions being largely lifted from the Covid-19 pandemic, the city has seen increasingly larger crowds visiting the miles of beach along our coastline throughout the year. As a result, our large beachfront hotels routinely fill to capacity. With these crowds come huge challenges, such as increased alcohol consumption, traffic congestion, and impaired driving. Over the past few years, the Huntington Beach Police Department has seen other problems emerge, such as increased homelessness. This has created a need to reallocate resources to non-traffic-related enforcement. As such, there has been a decrease in personnel assigned to the traffic bureau, which is far fewer than it was a decade ago. Because of these challenges, departments often look to outside resources, such as the Office of Traffic Safety, as an additional resource to assist with traffic enforcement and education with the expressed goal of eliminating traffic deaths and injuries, reducing economic loss, and increasing public safety. The Office of Traffic Safety currently funds two full-time DUI officers at our department, both of whom remain proactive and are enthusiastic about DUI enforcement. Both officers are SFST, DRE, and ARIDE certified. Since increasing our staffing for these specialty positions, the officers have played a major role in educating fellow patrol officers and being the go-to officers to evaluate suspected DUI drivers through SFST's at DUI Checkpoints and during their assigned patrol shifts. One of the DUI officers recently became a SFST instructor and will be conducting inter-department training as a result. Our traffic-related fatalities and injury crashes have risen slightly from 2021. Driving under the influence remains one of the top primary crash factors, thus showing the continual issues related to impaired driving in Huntington Beach and the need for OTS grant funding. We have taken several unique approaches to try and better deploy our resources as it relates to DUI enforcement. For example, we track various data related to our DUI arrests, including the establishment where an impaired driver was drinking, along with the location of the DUI arrest. This not only allows us to better understand what areas are best for targeted DUI enforcement, but our department also mails letters to bar owners whose patrons are arrested for DUI to make them better aware of the problem. Because we believe education is also very important in reducing instances of impaired drivers, we have embraced and helped establish the "Know Your Limit" campaign. Our department has been at the forefront of this program, and we have trained numerous other departments throughout Southern California. In addition, we continue to use social media to reach a large number of residents and visitors in Huntington Beach. Because Huntington Beach is a destination town that receives numerous visitors from outside the city, we have maintained one of the largest social media followings on Facebook (About 75,000 followers) and lnstagram (Over 37,000 followers). In comparison, several local agencies that are much larger than us, both inside and outside of Oranqe Countv, have a much smaller social media followinq. This puts us in a 8/15/2023 4:52:26 PM Page 3 of 17 259 unique position to reach many people on these social media platforms, while spreading education and advice on traffic safety. During 2021, we posted dozens of posts related to our OTS funded operations. A comprehensive analysis of our crash data reveals multiple factors that contribute to crashes, traffic injuries and traffic fatalities in Huntington Beach. These factors go beyond impaired driving and include distracted driving, safety violations, and other primary crash factors. Simply issuing citations for these violations does not address the entire problem. We believe that enforcement, education, high visibility, and public relation activities bolster our ability to fight these threats. Many of our neighboring cities have smaller police departments with limited traffic enforcement resources. With grant funding, we intend to continue our collaborative efforts to help bridge the gap when staffing is minimal and/or personnel are scheduled for other special events in our city. We are confident these partnershios help us aain around toward our mutual goal of safer streets in our shared jurisdictions. 2. PERFORMANCE MEASURES A. Goals: 1. Reduce the number of persons killed in traffic crashes. 2. Reduce the number of persons injured in traffic crashes. 3. Reduce the number of pedestrians killed in traffic crashes. 4. Reduce the number of pedestrians injured in traffic crashes. 5. Reduce the number of bicyclists killed in traffic crashes. 6. Reduce the number of bicyclists injured in traffic crashes. 7. Reduce the number of persons killed in alcohol-involved crashes. 8. Reduce the number of persons injured in alcohol-involved crashes. 9. Reduce the number of persons killed in drug-involved crashes. 10. Reduce the number of persons injured in drug-involved crashes. 11. Reduce the number of persons killed in alcohol/drug combo-involved crashes. 12. Reduce the number of persons injured in alcohol/drug combo-involved crashes. 13. Reduce the number of motorcyclists killed in traffic crashes. 14. Reduce the number of motorcyclists injured in traffic crashes. 15. Reduce hit & run fatal crashes. 16. Reduce hit & run injury crashes. 17. Reduce nighttime (2100 -0259 hours) fatal crashes. 18. Reduce nighttime (2100 -0259 hours) injury crashes. B. Objectives: Target Number 1. Issue a press release announcing the kick-off of the grant by November 15. The 1 kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at pio@ots.ca.gov, and copied to your OTS Coordinator, for approval 14 days prior to the issuance date of the release. 2. Participate and report data (as required) in the following campaigns; Quarter 1: 10 National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: NHTSA Summer Mobilization, National Child Passenger Safetv Week, and California's Pedestrian Safetv Month. 3. Develop (by December 31) and/or maintain a "DUI BOLO" program to notify patrol 12 and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthlv. 4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety 8 Testina /SFST\ (minimum 16 hours) POST-certified trainina. 5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired 6 Drivina Enforcement (ARIDE) 16 hour POST-certified traininq. 6. Send law enforcement personnel to the Drug Recognition Expert (DRE\ training. 2 7. Send law enforcement personnel to the DRE Recertification trainina. 2 8. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To 8 8/15/2023 4:52:26 PM Page 4 of 17 260 enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE-or ARI DE-trained. 9, Conduct DUI Saturation Patrol ooeration(s). 25 10. Conduct Traffic Enforcement operation(s), including but not limited to, primary 50 crash factor violations. 11. Conduct highly publicized Distracted Driving enforcement operation(s) targeting 20 drivers usina hand held cell ohones and textina. 12. Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or during events with a high number of motorcycle incidents or crashes resulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper turning, 5 and other orimary crash factor violations by motorcvclists and other drivers. 13. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in 15 areas or during events with a high number of pedestrian and/or bicycle crashes resultina from violations made bv nedestrians, bicvclists, and drivers. 14. Conduct Know Your Limit campaigns with an effort to reach members of the 4 communitv. 15. Participate in highlv visible collaborative DUI Enforcement operations. 5 16. Participate in hiahlv visible collaborative Traffic Enforcement operations. 4 17. Send law enforcement personnel to DUI Checkpoint Planning and Management 1 trainina. 18. Identify straight time personnel and report on activities completed. Include any 2 vacancies or staff changes that have occurred. 3, METHOD OF PROCEDURE A. Phase 1 Program Preparation (1 st Quarter of Grant Year) • The department will develop operational plans to implement the "best practice" strategies outlined in the objectives section. • All training needed to implement the program should be conducted in the first quarter. • All grant related purchases needed to implement the program should be made in the first quarter. • In order to develop/maintain the "DUI BOLOs," research will be conducted to identify the "worst of the worst" repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The DUI BOLO may include the driver's name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUL DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly. • Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations. Media Requirements Issue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS coordinator and OTS PIO. B. Phase 2 -Program Operations (Throughout Grant Year) • The department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes. Media Requirements The following requirements are for all grant-related activities: • Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at oiolnlots.ca.aov for annroval and copv vour OTS coordinator. Optimum lead time would be 7 8/15/2023 4:52:26 PM Page 5 of 17 261 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated. • The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the Coordinator. • Pre-approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material. However, copy the OTS PIO at pio@ots.ca.gov and your OTS coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public. • If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at pio@ots.ca.gov for approval and copy to your OTS Coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated. • Press releases, social media posts and alerts on platforms such as NextDoor and Nixie reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your Coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.). • Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at pio@ots.ca.gov and your Coordinator with embargoed date and time or with "INTERNAL ONLY: DO NOT RELEASE" message in subject line of email. • Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at pio@ots.ca.gov for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date. • Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval. • Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at pio@ots.ca.gov and copy your OTS Coordinator for approval prior to the production or duplication. • Use the following standard language in all press, media, and printed materials, space permitting: Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. • Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS Coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo. • Email the OTS PIO at pio@ots.ca.gov and copy your OTS Coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event. If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grant- related event or program. Media and program highlights are to be reflected in QPRs. • Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received PIO approval in a prior grant year needs to be resubmitted for apnroval in the current man! vear. 8/15/2023 4:52:26 PM Page 6 of 17 262 • Contact the OTS PIO or your OTS Coordinator for consultation when changes from any of the above requirements might be warranted. C. Phase 3 Data Collection & Reporting (Throughout Grant Year) 1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30) 2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30) • Collect and report quarterly, appropriate data that supports the progress of goals and objectives . • Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments. • Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities. • Collect, analyze and report statistical data relating to the grant goals and objectives . 4. METHOD OF EVALUATION Using the data compiled during the grant, the Grant Director will complete the "Final Evaluation" section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant's accomplishments, challenges and significant activities. This narrative should also include whether Qoals and obiectives were met, exceeded, or an explanation of whv obiectives were not completed. 5. ADMINISTRATIVE SUPPORT This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion. 8/15/2023 4:52:26 PM Page 7 of 17 263 State of California -Office of Traffic Safety GRANT AGREEMENT Schedule B FUND NUMBER CATALOG NUMBER ICFDA) 164AL-24 20.608 402PT-24 20.600 COST CATEGORY A. PERSONNEL COSTS Straight Time DUI Officer Benefits -DU I Officer 1 DUI Officer Benefits -DUI Officer 2 Overtime DU I/DL Checkooints DU I Saturation Patrols Collaborative DU I Enforcement Know Your Limit Traffic Enforcement Distracted Drivina Motorcvcle Safetv Pedestrian and Bicvcle Enforcement Collaborative Traffic Enforcement Category Sub-Total 8. TRAVEL EXPENSES In State Travel Category Sub-Total C. CONTRACTUAL SERVICES Category Sub-Total D. EQUIPMENT Category Sub-Total E. OTHER DIRECT COSTS DUI Checkooint Sunnlies Category Sub-Total F. INDIRECT COSTS Category Sub-Total GRANT TOTAL 8/15/2023 4:52:26 PM FUND DESCRIPTION Minimum Penalties for Repeat Offenders for Driving While Intoxicated State and Community Highway Safetv FUND UNIT COST OR UNITS NUMBER RATE 164AL-24 $63.00 2,080 164AL-24 $131,040.00 1 164AL-24 $63.00 2,080 164AL-24 $131,040.00 1 164AL-24 $7,500.00 8 164AL-24 $2,700.00 25 164AL-24 $1,200.00 5 164AL-24 $2,700.00 4 402PT-24 $1,740.00 50 402PT-24 $1,700.00 20 402PT-24 $1,200.00 5 402PT-24 $1,200.00 15 402PT-24 $1,200.00 4 402PT-24 $5,200.00 1 164AL-24 $2,748.00 1 GRANT NUMBER PT24089 TOTAL AMOUNT $645,000.00 $155,000.00 TOTAL COST TO GRANT $131,040.00 $117,936.00 $131,040.00 $117,936.00 $60,000.00 $67,500.00 $6,000.00 $10,800.00 $87,000.00 $34,000.00 $6,000.00 $18,000.00 $4,800.00 $792,052.00 $5,200.00 $0.00 $5,200.00 $0.00 $0.00 $0.00 $0.00 $2,748.00 $2,748.00 $0.00 $0.00 $800,000.00 Page 8 of 17 264 State of California -Office of Traffic Safety GRANT AGREEMENT Schedule B-1 PERSONNEL COSTS BUDGET NARRATIVE GRANT NUMBER PT24089 DUI Officer -Hours for officer dedicated strictly to DUI Enforcement. Hours may include wages or authorized absences, such as annual leave and sick leave, provided they are accrued during the grant term. Benefits -DUI Officer 1 -TOTAL BENEFIT RATE: 90.0% Retirement -51 % Supplemental Retirement -4% Workers Compensation -9% Health -19% Other Medical -4% Other Benefits -3% DUI Officer -Hours for officer dedicated strictly to DUI Enforcement. Hours may include wages or authorized absences, such as annual leave and sick leave, provided they are accrued during the grant term. Benefits -DUI Officer 2 -TOTAL BENEFIT RATE: 90.0% Retirement -51% Supplemental Retirement -4% Workers Compensation -9% Health -19% Other Medical -4% Other Benefits -3% DUI/DL Checkpoints -Overtime for grant funded law enforcement operations conducted by appropriate department personnel. DUI Saturation Patrols -Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Collaborative DUI Enforcement -Overtime for grant funded Collaborative DUI Enforcement operations conducted by appropriate department personnel Know Your Limit -Overtime for grant funded traffic safety presentations or campaigns conducted by appropriate department personnel. Traffic Enforcement -Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Distracted Driving -Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Motorcycle Safety -Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Pedestrian and Bicycle Enforcement -Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Collaborative Traffic Enforcement -Overtime for grant funded Collaborative Traffic Enforcement operations conducted by appropriate department personnel TRAVEL EXPENSES In State Travel -Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include the OTS Traffic Safety Law Enforcement Forum and the California Traffic Safety Summit. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds. CONTRACTUAL SERVICES - EQUIPMENT - OTHER DIRECT COSTS 8/15/2023 4:52:26 PM Page 9 of 17 265 DUI Checkpoint Supplies -On-scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS Device/Calibration Supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies. Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed. Each item must have a unit cost of less than $5,000 (includina tax and shippinn). INDIRECT COSTS STATEMENTS/DISCLAIMERS There will be no program income generated from this grant. Salaries may include wages, salaries, special compensations, or authorized absences such as annual leave and sick leave provided the cost for the individual employee is (a) reasonable for the services rendered, and (b) follows an appointment made in accordance with state or local laws and rules and meets federal requirements. Any non-grant funded vacancies created by reassignment to a grant-funded position must be filled at the expense of the grantee agency. Nothing in this "agreement" shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under. The OTS grant funded activities must be separate from the CHP Cannabis Tax Fund Grant Program activities and maintained under separate accounting/tracking/other codes (example: the same DUI checkpoint may not be funded by both the CHP and the OTS). Benefits for personnel costs can onlv be annlied to straiaht time or overtime hours charaed to the arant. 8/15/2023 4:52:26 PM Page 10 of 17 266 State of California -Office of Traffic Safety GRANT AGREEMENT Exhibit A GRANT NUMBER PT24089 Certifications and Assurances for Fiscal Year 2024 Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117-58) The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to, the following: GENERAL REQUIREMENTS The State will comply with applicable statutes and regulations, including but not limited to: • 23 U.S.C. Chapter 4-Highway Safety Act of 1966, as amended; • Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58; • 23 CFR part 1300-Uniform Procedures for State Highway Safety Grant Programs; • 2 CFR part 200-Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; • 2 CFR part 1201-Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. NONDISCRIMINATION (applies to all sub recipients as well as States) The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations relating to nondiscrimination ("Federal Nondiscrimination Authorities"). These include but are not limited to: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); • 49 CFR part 21 (entitled Non-discrimination in Federally-Assisted Programs of the Department of Transportation-Effectuation of Tille VI of the Civil Rights Act of 1964); • 28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S. C. 324 et seq.), and Tille IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age); • The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally- funded or not); • Titles II and Ill oflhe Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38; • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low- Income Populations (preventing discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (requiring that recipients of Federal financial assistance provide meaningful access for applicants and beneficiaries who have limited English proficiency (LEP)); • Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities through the Federal Government (advancing equity across the Federal Government); and • Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation (clarifying that sex discrimination includes discrimination on the grounds of gender identity or sexual orientation). 8/15/2023 4:52:26 PM Page 11 of 17 267 The preceding statutory and regulatory cites hereinafter are referred to as the "Acts" and "Regulations," respectively. GENERAL ASSURANCES In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that: "No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be othetwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA." The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rights Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted. SPECIFIC ASSURANCES More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program: 1. The Recipient agrees that each "activity," "facility," or "program," as defined in § 2 I .23(b) and ( c) of 49 CFR part 21 will be (with regard to an "activity") facilitated, or will be (with regard to a "facility") operated, or will be (with regard to a "program") conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations. 2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source: "The [name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S. C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award." 3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred to as DOT Order I 050.2A) in every contract or agreement subject to the Acts and the Regulations. 4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient. 5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith. 6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property. 7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties: a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. 8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods: a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the period during which the Recipient retains ownership or possession of the property. 9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub-grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance. 10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance. 8/15/2023 4:52:26 PM Page 12 of 17 268 By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any sub-recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the .State highway safety agency, other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient. THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103) The Subgrantee will provide a drug-free workplace by: a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about: 1. The dangers of drug abuse in the workplace; 2. The grantee's policy of maintaining a drug-free workplace; 3. Any available drug counseling, rehabilitation, and employee assistance programs; 4. The penalties that may be imposed upon employees for drug violations occurring in the workplace; 5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a); c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will- 1. Abide by the terms of the statement; 2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction; e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted- 1. Taking appropriate personnel action against such an employee, up to and including termination; 2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above. POLITICAL ACTIVITY (HATCH ACT) (applies to all subrecipients as well as States) The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. CERTIFICATION REGARDING FEDERAL LOBBYING (applies to all subrecipients as well as States) CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 8/15/2023 4:52:26 PM Page 13 of 17 269 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; 3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. RESTRICTION ON STATE LOBBYING (applies to subrecipients as well as States) None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION (applies to all subrecipients as well as States) INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES) 1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment. 4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled "Instructions for Lower Tier Participant Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or 8/15/2023 4:52:26 PM Page 14 of 17 270 otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https:l/www.sam.gov{). 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS- PRIMARY TIER COVERED TRANSACTIONS 1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1 )(b) of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. 2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal. INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Instructions for Lower Tier Participant Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or 8/15/2023 4:52:26 PM Page 15 of 17 271 otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website ( https:llwww.sam.gov/). 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION- LOWER TIER COVERED TRANSACTIONS l . The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. BUY AMERICA (applies to subrecipients as well as States) The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation. CERTIFICATION ON CONFLICT OF INTEREST (applies to subrecipients as well as States) GENERAL REQUIREMENTS No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy: 1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations. 2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct. 8/15/2023 4:52:26 PM Page 16 of 17 272 DISCLOSURE REQUIREMENTS No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy: 1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict. 2. NHTSA will review the disclosure and may require additional relevant information from the recipient. If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict. 3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all sub recipients as well as States) The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. POLICY ON SEAT BELT USE In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS}, a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references. POLICY ON BANNING TEXT MESSAGING WHILE DRIVING In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.1 0, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company- owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving. 8/15/2023 4:52:26 PM Page 17 of 17 273 State of California -Office of Traffic Safety GRANT AGREEMENT 1. GRANT TITLE Pedestrian and Bicycle Safety Program 2. NAME OF AGENCY Huntington Beach 4. AGENCY UNIT TO ADMINISTER GRANT Huntington Beach Police Department 5. GRANT DESCRIPTION 3. Grant Period From: 10/01/2023 To: 09/30/2024 GRANT NUMBER PS24016 Best practice strategies w ill be conducted to reduce the number of persons killed and injured in crashes involving pedestrians and bicyclists. The funded strategies may include classroom education, b icycle rodeos, commun ity events, presentations, and workshops. These countermeasures should be conducted in commun ities with high numbers of pedestrian and/or b icycle related crashes including underserved communities, o lder adu lts, and sc;hool-aged children. Coordinated efforts such as Safe Routes to School initiatives, Safe System Approach, and working with community based organizations are highly encou raged to prevent fatalities and injuries of vulnerable non-motorized road users . 6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $42,895.00 7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement: • Schedule A -Problem Statement, Goals and Objectives and Method of Procedure • Schedule B -Detailed Budget Estimate and Sub-Budget Estimate (if applicable) • Schedule B-1 -Budget Narrative and Sub-Budget Narrative (if applicable) • Exhibit A -Certifications and Assurances • Exhibit B* -OTS Grant Program Manual • Exhibit C -Grant Electronic Management System (GEMS) Access *Items shown with an asterisk(*), are hereby incorporated by reference and made a part of this agreement as if attached hereto. These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov. We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions. IN W ITNESS WHEREOF, this Agreement has been executed by the parties hereto. 8. Approval Signatures A. GRANT DIRECTOR NAME: Thoby Archer TITLE: Lieutenant EMAIL: tarcher@hbpd.org PHONE: (714) 374-1610 ADDRESS: 2000 Main Street Huntington Beach, CA 92648 (Signature) (Date) C. FISCAL OFFICIAL NAME: Kathy Baldwin TITLE: Accounting Technician II EMAIL: kbaldwin@hbpd.org PHONE: (714) 536-5935 ADDRESS: 2000 Main Street Huntington Beach, CA 92648 (Signature) (Date) 9/1/2023 10:15:45 PM B. AUTHORI ZING OFFICIAL NAME: Eric Par ra TITLE: Police Chief EMAIL: eparra@hbpd .org PHONE: (714) 536-5904 ADDRESS: 2000 Main Street Huntington Beach, CA 92648 (Signature) (Date) D. AUTHORI ZING OFF ICIAL OF O FFICE OF TRAFF IC SAFETY NAME: Barbara Rooney TITLE: Director EMAIL: barbara .rooney@ots.ca.gov PHONE: (916) 509-3030 ADDRESS: 2208 Kausen Drive, Suite 300 Elk Grove, CA 95758 (Signature) APPROVED AS TO FORM By: MICHAEL E. GATES CITY ATTORNEY CIT \' OF HUNT INGTON BEACH (Date) Page 1 of 16 274 E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFE1Y 9. SAM INFORMATION NAME: Carolyn Vu SAM#: LKKFRC4PW7L4 ADDRESS: 2208 Kausen Drive, Suite 300 Elk Grove, CA 95758 REGISTERED 10, PROJECTED EXPENDITURES FUND CFDA ITEM/APPROPRIATION F.Y. I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above. OTS ACCOUNTING OFFICER'S SIGNATURE DATE SIGNED 9/1/2023 10:15:45 PM ADDRESS: 2000 Main Street CITY: Huntington Beach ZIP+4: 92648-2763 CHAPTER STATUTE AGREEMENT TOTAL PROJECTED EXPENDITURES $42,895.00 AMOUNT ENCUMBERED BY THIS DOCUMENT $42,895.00 PRIOR AMOUNT ENCUMBERED FOR THIS AGREEMENT $ 0.00 TOTAL AMOUNT ENCUMBERED TO DATE $42,895.00 Page 2 of 16 275 State of California -Office of Traffic Safety GRANT AGREEMENT Schedule A 1. PROBLEM STATEMENT GRANT NUMBER PS24016 Huntington Beach is a city with a population of over 200,000 people, which attracts over an estimated 16 million visitors annually. One thing that sets Huntington Beach apart, and provides continuing challenges to the police department, is the number of high-profile events that are regularly scheduled during the year. This includes the Surf City Marathon, AVP Volleyball competition, 4 th of July Parade and Fireworks show (rated by the Department of Homeland Security as a SEAR LEVEL 2 Event), weekly Tuesday night downtown street fair, and the 9-day U.S. Open of Surfing. These events regularly draw large crowds, with the US Open of surfing drawing an estimated 500,000 visitors annually. It should be noted that all of the listed events take place on or adjacent to the beach, where many people choose to walk or ride their bikes, both on roadways and on the miles of bike path. With restrictions being largely lifted from the Covid-19 pandemic, the city has seen increasingly larger crowds visiting the miles of beach along our coastline throughout the year. As a result, our large beachfront hotels routinely fill to capacity. With these crowds come huge challenges, such as increased alcohol consumption, traffic congestion, and impaired driving. More importantly, all of these events are adjacent to a bike path that runs the length of the beach and borders Pacific Coast Highway. During the summer months and specific events, the pathway is congested with pedestrians, bicyclists, skateboards. Every year we have multiple injured pedestrians and bicyclists on Pacific Coast Highway and the bike path. In Huntington Beach, we not only have numerous adolescents who ride a bicycle as their only means of transportation but also have a significant population who elect to ride bicycles to alleviate traffic and parking issues, as well as the recreational cyclists who often choose to incorporate the scenic stretch of Pacific Coast Highway into their rides. As a newer challenge, the past few years have seen an increase in the use of electric bicycles. These electric bicycles not only create challenges to motorists but are often ridden unlawfully on the bike path and sidewalks, creating additional hazards to bicyclists and pedestrians. We continue to be one of the highest-ranked cities in bicycle and pedestrian-related crashes. According to the OTS crash ranking statistics from 2020 (The latest year which they are available), Huntington Beach is ranked 1st out of 61 cities in terms of bicyclists killed or injured, and 2nd in terms of bicyclists under 15 killed or injured in traffic crashes. We currently have a Pedestrian / Bicycle Education grant with OTS, and have formed partnerships with our Junior Lifeguard program to reach multiple underage bicyclists during the summer months. Due to the fact most people are walking and riding bicycles in the summer months, we are waiting until the months preceding summer to launch most of our education campaigns. We believe this to be very beneficial, as we are directly targeting adolescents, many of whom ride their bicycles and walk in and around the congested beach area. 2. PERFORMANCE MEASURES A. Goals: 1. Reduce the number of persons killed in traffic crashes. 2. Reduce the number of persons injured in traffic crashes. 3. Reduce the number of pedestrians killed in traffic crashes. 4. Reduce the number of pedestrians injured in traffic crashes. 5. Reduce the number of pedestrians killed under age 15 in traffic crashes. 6. Reduce the number of pedestrians injured under age 15 in traffic crashes. 7. Reduce the number of pedestrians killed over age 65 in traffic crashes. 8. Reduce the number of pedestrians injured over age 65 in traffic crashes. 9. Reduce the number of bicyclists killed in traffic crashes. 10. Reduce the number of bicyclists injured in traffic crashes. 9/1/202310:15:45 PM Page 3 of 16 276 11. Reduce the number of bicyclists under age 15 killed in traffic crashes. 12. Reduce the number of bicyclists under age 15 injured in traffic crashes. 13. Increase bicycle helmet usage. B. Objectives: Target Number 1. Issue a press release announcing the kick-off of the grant by November 15. The 1 kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at pio@ots.ca.gov, and copied to your OTS Coordinator, for approval 14 days prior to the issuance date of the release. 2. Participate in traffic safety fairs and/or community events with an effort to reach 4 individuals. 3. Work closely with community-based organizations at both the neighborhood and 1 community level with an effort to reach individuals. 4. Participate in the following campaigns: National Walk to School Day, National 4 Bicycle Safety Month, California's Pedestrian Safety Month and National Pedestrian Safety Month. 5. Conduct pedestrian and/or bicycle safety presentations at community groups with 3 an effort to reach individuals. 6. Conduct pedestrian and/or bicycle safety presentations with an effort to reach 8 Youth. 7. Distribute pedestrian/bicycle safety items at no cost to youth or community 1 members in need, during bicycle rodeos, presentations, workshops, trainings, and community events to increase safety and visibilitY. 8. Develop bicycle and pedestrian safety educational materials to be distributed 1 durinq classroom presentations, workshops, and community events. 9. Conduct communitv outreach events with an effort to reach adults. 2 10. Conduct pedestrian safety presentations with an effort to reach older adults. 1 11. Conduct pre and post-grant activities bicycle helmet usage surveys during the 2 months of October (start of the grant) and September (end of the grant). A pre- survey will be required to determine the base year helmet use rate and a post- survey will be required to determine the operational rate. Upload completed survey to GEMS. 12. Distribute and properly fit bicycle helmets at no cost to community members in 300 need, at bicycle rodeos, schools, workshops, and community events. 13. Purchase bicycle helmets. 300 14. Conduct bicycle rodeos with an effort to reach youth. 4 3. METHOD OF PROCEDURE A. Phase 1 -Program Preparation (1 st Quarter of Grant Year) • Develop operational plans to implement the "best practice" strategies outlined in the objectives section. • All training needed to implement the program should be conducted in the first quarter. • All grant related purchases needed to implement the program should be made in the first quarter. Media Requirements • Issue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS coordinator and OTS PIO. B. Phase 2 -Program Operations (Throughout Grant Year) Media Requirements The following requirements are for all grant-related activities: • Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at Pio@ots.ca.qov for annroval and conv vour OTS coordinator. Optimum lead time would be 7 9/1/2023 10:15:45 PM Page 4 of 16 277 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated. • The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the Coordinator. • Pre-approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material. However, copy the OTS PIO at pio@ots.ca.gov and your OTS coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public. • If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at pio@ots.ca.gov for approval and copy to your OTS Coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated. • Press releases, social media posts and alerts on platforms such as NextDoor and Nixie reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your Coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.). • Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at pio@ots.ca.gov and your Coordinator with embargoed date and time or with "INTERNAL ONLY: DO NOT RELEASE" message in subject line of email. • Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at pio@ots.ca.gov for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date. • Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval. • Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at pio@ots.ca.gov and copy your OTS Coordinator for approval prior to the production or duplication. • Use the following standard language in all press, media, and printed materials, space permitting: Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. • Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS Coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo. • Email the OTS PIO at pio@ots.ca.gov and copy your OTS Coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand With anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event. If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grant- related event or program. Media and program highlights are to be reflected in QPRs. • Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year. 9/1/2023 10:15:45 PM Page 5 of 16 278 • Contact the OTS PIO or your OTS Coordinator for consultation when changes from any of the above requirements might be warranted. C. Phase 3 -Data Collection & Reporting {Throughout Grant Year) 1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30) 2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30) • Collect and report quarterly, appropriate data that supports the progress of goals and objectives . • Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments. • Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities. • Collect, analyze and report statistical data relating to the grant goals and objectives . 4. METHOD OF EVALUATION Using the data compiled during the grant, the Grant Director will complete the "Final Evaluation" section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant's accomplishments, challenges and significant activities. This narrative should also include whether Qoals and objectives were met, exceeded, or an explanation of why objectives were not completed. 5. ADMINISTRATIVE SUPPORT This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion. 9/1/2023 10:15:45 PM Page 6 of 16 279 State of California -Office of Traffic Safety GRANT AGREEMENT Schedule B FUND NUMBER CATALOG NUMBER ICFDAl 402PS-24 20.600 COST CATEGORY A. PERSONNEL COSTS Straight Time Overtime Traffic Safety Fairs and/or Community Events Ped/Bike Community Group Safety Presentations Ped/Bike Youth Presentations Ped/Bike Older Adult Presentations Adult Communitv Outreach Events Helmet Usaae Survevs Youth Bike Rodeos Category Sub-Total 8. TRAVEL EXPENSES Category Sub-Total C. CONTRACTUAL SERVICES Category Sub-Total D. EQUIPMENT Category Sub-Total E. OTHER DIRECT COSTS Bicvcle Helmets Pedestrian/Bicvcle Safetv Items Educationa I Materials Category Sub-Total F. INDIRECT COSTS Category Sub-Total GRANT TOTAL 9/1/2023 10: 15:45 PM FUND DESCRIPTION State and Community Highway Safetv FUND UNIT COST OR UNITS NUMBER RATE 402PS-24 $2,080.00 4 402PS-24 $1,040.00 3 402PS-24 $1,040.00 8 402PS-24 $1,040.00 1 402PS-24 $1,040.00 2 402PS-24 $360.00 2 402PS-24 $2,080.00 4 402PS-24 $15.00 300 402PS-24 $4,500.00 1 402PS-24 $1,975.00 1 GRANT NUMBER PS24016 TOTAL AMOUNT $42,895.00 TOTAL COST TO GRANT $0.00 $8,320.00 $3,120.00 $8,320.00 $1,040.00 $2,080.00 $720.00 $8,320.00 $31,920.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $4,500.00 $4,500.00 $1,975.00 $10,975.00 $0.00 $0.00 $42,895.00 Page 7 of 16 280 State of California -Office of Traffic Safety GRANT AGREEMENT Schedule 8#1 PERSONNEL COSTS BUDGET NARRATIVE GRANT NUMBER PS24016 Traffic Safety Fairs and/or Community Events -Overtime for grant-funded participation in traffic safety fairs and/or community events by appropriate department personnel. Claim should reflect actual costs up to the rate specified. The department will not be claiming overtime benefits. $130 x 8 Hours x 2 Officers= $2,080 per Event Ped/Bike Community Group Safety Presentations -Overtime for grant-funded pedestrian and/or bicycle safety presentations for community groups, youth and older adults conducted by appropriate department personnel. Claim should reflect actual costs up to the rate specified. The department will not be claiming overtime benefits. $130 x 4 Hours x 2 Officers= $1,040 oer Event Ped/Bike Youth Presentations -Overtime for grant-funded pedestrian and/or bicycle safety presentations for youth under the age of 18 conducted by appropriate department personnel. Claim should reflect actual costs up to the rate specified. The department will not be claiming overtime benefits. $130 x 4 Hours x 2 Officers= $1,040 per Event Ped/Bike Older Adult Presentations -Overtime for grant-funded pedestrian and/or bicycle safety presentations for older adults conducted by appropriate department personnel. Claim should reflect actual costs up to the rate specified. The department will not be claiming overtime benefits. $130 x4 Hours x 2 Officers= $1,040 oer Event Adult Community Outreach Events -Overtime for grant-funded pedestrian and/or bicycle community outreach events conducted by appropriate department personnel. Claim should reflect actual costs up to the rate specified. The department will not be claiming overtime benefits. $130 x 4 Hours x 2 Officer= $1,040 per Event Helmet Usage Surveys -Overtime for grant-funded pre-and post-grant bicycle helmet usage surveys conducted by appropriate department personnel during the months of October (start of grant) and September (end of grant). A pre-survey will be required to determine the base year helmet use rate and a post-survey will be required to determine the operational rate. Upload completed survey to GEMS. Claim should reflect actual costs up to the rate specified. The department will not be claiming overtime benefits. $60 x 6 Hours x 1 Officer = $550 oer Event Youth Bike Rodeos -Overtime for grant-funded bicycle rodeos for youth conducted by appropriate department personnel. Claim should reflect actual costs up to the rate specified. The department will not be claiming overtime benefits. $130 x 4 Hours x 4 Officers = $2,080 oer Event TRAVEL EXPENSES - CONTRACTUAL SERVICES - EQUIPMENT - OTHER DIRECT COSTS Bicycle Helmets -Helmets to be distributed at no cost during bicycle rodeos and other bicycle safety related events. Cost per helmet not to exceed an average price of $15, including shipping, handling and tax. More expensive helmets may be purchased if approved by OTS. Helmets to be distributed during bicycle rodeos and other bicycle safety-related events. Cost per helmet not to exceed a maximum average price of $15, 9/1/202310:15:45 PM Page 8 of 16 281 before adding shipping, handling and tax. More expensive helmets may be purchased if preapproved by OTS. Pedestrian/Bicycle Safety Items -Cost may include reflective arm and leg bands, tape, zipper pulls, bicycle headlights/taillights, and reflectors to be distributed at no cost during bicycle rodeos, presentations, workshops, trainings, and community events to increase safety and visibility. Additional items may be vurchased if annroved bv OTS. Educational Materials -Costs of purchasing, developing or printing brochures, pamphlets, fliers, coloring books, posters, signs, and banners associated with grant activities, and traffic safety conference and training materials. Items shall include a traffic safety message and if space is available the OTS logo. Additional items may be purchased if aooroved by OTS. INDIRECT COSTS - STATEMENTS/DISCLAIMERS There will be no program income generated from this grant. Benefits for personnel costs can onlv be annlied to straiqht time or overtime hours charqed to the mant. 9/1/202310:15:45 PM Page 9 of 16 282 State of California -Office of Traffic Safety GRANT AGREEMENT Exhibit A GRANT NUMBER PS24016 Certifications and Assurances for Fiscal Year 2024 Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117-58) The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to, the following: GENERAL REQUIREMENTS The State will comply with applicable statutes and regulations. including but not limited to: • 23 U.S.C. Chapter 4-Highway Safety Act of 1966, as amended; • Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58; • 23 CFR part 1300-Uniform Procedures for State Highway Safety Grant Programs; • 2 CFR part 200-Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; • 2 CFR part 1201-Department ofTransportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. NONDISCRIMINATION (applies to all subrecipients as well as States) The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations relating to nondiscrimination ("Federal Nondiscrimination Authorities"). These include but are not limited to: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); • 49 CFR part 21 (entitled Non-discrimination in Federally-Assisted Programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964); • 28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.}, as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age); • The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally- funded or not); • Titles II and Ill of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38; • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low- Income Populations (preventing discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (requiring that recipients of Federal financial assistance provide meaningful access for applicants and beneficiaries who have limited English proficiency (LEP}); • Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities through the Federal Government (advancing equity across the Federal Government); and • Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation (clarifying that sex discrimination includes discrimination on the grounds of gender identity or sexual orientation). 9/1/2023 10:15:45 PM Page 10 of 16 283 The preceding statutory and regulatory cites hereinafter are referred to as the "Acts" and "Regulations," respectively. GENERAL ASSURANCES In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that: "No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA." The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rights Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted. SPECIFIC ASSURANCES More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program: 1. The Recipient agrees that each "activity," "facility,'' or "program,'' as defined in§ 2 l .23(b) and ( c) of 49 CFR part 21 will be (with regard to an "activity") facilitated, or will be (with regard to a "facility") operated, or will be (with regard to a "program") conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations. 2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source: "The [name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S. C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award." 3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred to as DOT Order l 050.2A) in every contract or agreement subject to the Acts and the Regulations. 4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient. 5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith. 6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property. 7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties: a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. 8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods: a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the period during which the Recipient retains ownership or possession of the property. 9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub-grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance. 10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance. 9/1/2023 10:15:45 PM Page 11 of 16 284 By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any sub-recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient. THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103) The Subgranlee will provide a drug-free workplace by: a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about: 1. The dangers of drug abuse in the workplace; 2. The grantee's policy of maintaining a drug-free workplace; 3. Any available drug counseling, rehabilitation, and employee assistance programs; 4. The penalties that may be imposed upon employees for drug violations occurring in the workplace; 5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a); c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will- 1. Abide by the terms of the statement; 2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction; e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted- 1. Taking appropriate personnel action against such an employee, up to and including termination; 2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, Stale, or local health, law enforcement, or other appropriate agency; f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above. POLITICAL ACTIVITY (HATCH ACT) (applies to all subrecipients as well as States) The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. CERTIFICATION REGARDING FEDERAL LOBBYING (applies to all subrecipients as well as States) CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 9/1/202310:15:45 PM Page 12 of 16 285 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; 3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. RESTRICTION ON STATE LOBBYING (applies to subrecipients as well as States) None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION (applies to all subrecipients as well as States) INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES) 1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment. 4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9. subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled "Instructions for Lower Tier Participant Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9. subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or 9/1/202310:15:45 PM Page 13 of 16 286 otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https:/Nvww.sam.qovL). 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS- PRIMARY TIER COVERED TRANSACTIONS 1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph {1)(b) of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. 2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal. INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Instructions for Lower Tier Participant Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or 9/1/2023 10:15:45 PM Page 14 of 16 287 otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website ( https:llwww.sam.gov/). 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION- LOWER TIER COVERED TRANSACTIONS l . The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. BUY AMERICA (applies to subrecipients as well as States) The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation. CERTIFICATION ON CONFLICT OF INTEREST (applies to subrecipients as well as States) GENERAL REQUIREMENTS No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy: 1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations. 2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct. 9/1/2023 10:15:45 PM Page 15 of 16 288 DISCLOSURE REQUIREMENTS No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy: 1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict. 2. NHTSA will review the disclosure and may require additional relevant information from the recipient. If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict. 3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all subrecipients as well as States) The State and each subrecipient will not use 23 U.S.C. Chapter4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. POLICY ON SEAT BELT USE In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references. POLICY ON BANNING TEXT MESSAGING WHILE DRIVING In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company- owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving. 9/1/202310:15:45 PM Page 16 of 16 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-871 MEETING DATE:10/17/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Al Zelinka, City Manager VIA: Travis K. Hopkins, Assistant City Manager PREPARED BY: Shannon Levin, Council Policy Analyst Catherine Jun, Deputy City Manager Subject: Consider the submission of three Charter amendment ballot measures for voter approval at the March 5, 2024 Statewide Primary Election and the adoption of Resolution Nos. 2023-42, 2023-43, 2023-44, and 2023-45 Statement of Issue: Note: A PDF of this report is attached, in the event the tables and images do not display properly on the reader’s screen. On October 5, 2023, the City Council voted to place three Charter amendment ballot measures for voter approval on the March 5, 2024 Statewide Primary Election. The City Attorney’s Office has since prepared the following Resolutions, which contain the proposed amendments to the City Charter, ballot questions, and exhibits for final consideration by the full City Council. 1.Resolution No. 2023-42 - A Resolution of the City Council of the City of Huntington Beach, California, Calling for the Holding of a Special Municipal Election to be held on Tuesday, March 5, 2024, for the Submission to the Voters Questions Relating to City Charter Amendments 2.Resolution No. 2023-43 - A Resolution of the City Council of the City of Huntington Beach, California, Requesting the Board of Supervisors of the County of Orange to Consolidate a Special Municipal Election to be held on March 5, 2024, with the Statewide Primary Election to be held on the Date Pursuant to § 10403 of the Elections Code 3.Resolution No. 2023-44 - A Resolution of the City Council of the City of Huntington Beach, California, Setting Priorities for Filing Written Arguments Regarding City Measures and Directing the City Attorney to Prepare Impartial Analyses City of Huntington Beach Printed on 10/13/2023Page 1 of 7 powered by Legistar™289 File #:23-871 MEETING DATE:10/17/2023 4.Resolution No. 2023-45 - A Resolution of the City Council of the City of Huntington Beach, California, Providing for the Filing of Rebuttal Arguments for City Measures Submitted at Municipal Elections To place the three measures on the ballot, the City Council must vote to approve or amend the proposed ballot questions and exhibits available in Resolution Nos. 2023-42 and 2023-43; set priorities for written arguments and rebuttal arguments in Resolution Nos. 2023-44 and 2023-45; and adopt all four resolutions. Following adoption, the City Attorney’s Office will prepare an impartial analysis for each measure per Resolution No. 2023-44. Furthermore, the City Clerk’s Office will gather the written arguments and rebuttals for each measure and all other required election materials for submittal to the OC Registrar of Voters (ROV) by their filing deadlines. Financial Impact: The estimated cost to hold a municipal election during the March 5, 2024 Statewide Primary Election and place 3 Charter amendment measures on the ballot is as follows: Election Component Estimated Cost (Range)Details March 2024 Consolidated Election Cost $318,928 to $383,128 The cost of consolidating elections with Orange County, which includes: labor, overhead, supplies, services, pre-paid postage for vote by mail return envelopes, and cost recovery for the 2019-20 purchase of new election equipment per registered voter. Placement of three (3) Measures on the March 2024 Ballot $51,000 to $76,500 One (1) measure is estimated at $17,000 to $25,500, which is contingent on the number of pages it occupies on the ballot. Per the ROV, every 2 pages is $8,500, and the City’s estimate is based on 4-6 pages per measure. Total Estimated Cost (Range)$369,928 to $459,628 The total estimated cost is not budgeted. As such, City Council is requested to authorize a budget appropriation of $459,628 from the 2023/24 General Fund to Business Unit 10010201. Sufficient funds are available to support this request. Recommended Action: A) Consider the three proposed Charter amendment ballot measures, ballot language, and exhibits for placement on the March 5, 2024 Statewide Primary Election ballot for voter approval; and B) Adopt Resolution No. 2023-42, “A Resolution of the City Council of the City of Huntington Beach, California, Calling for the Holding of a Special Municipal Election to be held on Tuesday, March 5, 2024, for the Submission to the Voters Questions Relating to City Charter Amendments;” and C) Adopt Resolution No. 2023-43, “A Resolution of the City Council of the City of Huntington Beach, California, Requesting the Board of Supervisors of the County of Orange to Consolidate a Special Municipal Election to be held on March 5, 2024, with the Statewide Primary Election to be held on the City of Huntington Beach Printed on 10/13/2023Page 2 of 7 powered by Legistar™290 File #:23-871 MEETING DATE:10/17/2023 Date Pursuant to § 10403 of the Elections Code;” and D) Adopt Resolution No. 2023-44, “A Resolution of the City Council of the City of Huntington Beach, California, Setting Priorities for Filing Written Arguments Regarding City Measures and Directing the City Attorney to Prepare Impartial Analyses;” and E) Adopt Resolution No. 2023-45, “A Resolution of the City Council of the City of Huntington Beach, California, Providing for the Filing of Rebuttal Arguments for City Measures Submitted at Municipal Elections;” and F) Appropriate $459,628 in General Funds to business unit 10040101; and G) Dissolve the Charter Review Ad Hoc Council Committee, as their scope of work has been completed. Alternative Action(s): Do not approve one or more recommended actions and direct staff accordingly. Analysis: Pursuant to City Council direction, the Ad Hoc Charter Revision Committee consisting of Mayor Strickland, Mayor Pro Tem Van Der Mark, and Council Member Burns collaborated with the City Attorney’s Office on several proposed City Charter amendments. The Ad Hoc Committee introduced a list of those Charter amendments at the September 5, 2023 City Council meeting. On September 5, 2023, City Council authorized four Special Meetings on September 14, 21, 28 and October 5 to gather public feedback and further consider the amendments. During the first meeting, City Council received feedback and requested impact analyses for each amendment, including those proposed by the Ad Hoc Committee and staff. On September 21, Council Members deliberated, while adding new amendments and requesting impact analyses on each. On September 28, Council Members discussed several proposed amendments and took straw votes to either table the items or move items forward for additional discussion on October 5. On October 5, City Council voted to approve six of the proposed amendments and placed them across three ballot measures for the March 2024 election. Each proposed measure contains one or more Charter amendments. Details on each are listed below, along with the proposed ballot measure language that will be placed before voters. This language was developed by the City Attorney’s Office. CHARTER AMENDMENT - MEASURE NO. 1: Proposed Ballot Language for Consideration (max 75 words): Shall proposed Charter Amendment No. 1, which provides that commencing in 2026, for all municipal elections, the City: may require Voter ID for elections; provide more in-person voting locations; and monitor ballot drop boxes, be approved? YES NO City of Huntington Beach Printed on 10/13/2023Page 3 of 7 powered by Legistar™291 File #:23-871 MEETING DATE:10/17/2023 Shall proposed Charter Amendment No. 1, which provides that commencing in 2026, for all municipal elections, the City: may require Voter ID for elections; provide more in-person voting locations; and monitor ballot drop boxes, be approved? YES NO A redlined Charter with these proposed amendments will be attached to the ballot measure language (see Attachment 5) to help voters visualize and better comprehend these changes. Lastly, a detailed list of the proposed Charter amendments in Measure No. 1 is below for reference only. This list will not be included in the ballot. Charter Amendment No. 1 #Section Section Title Proposed Amendment 1 702 Procedure for Holding Elections The existing section states that all municipal elections will be held per the State’s Elections Code, so long as they are not in conflict with the Charter. The amendment adds that the Charter will control and prevail in the event of a conflict. 2 705 (new)Special Provisions Relating to Municipal Elections The amendment adds language stating that the City, beginning in 2026, may verify the eligibility of voters by voter ID; provide at least 20 ADA-compliant voting locations; and monitor ballot drop boxes during all municipal elections. It also reiterates that the Charter will determine the term of the City’s elected officers, the length of term, and election cycle for those officers. CHARTER AMENDMENT - MEASURE NO. 2: Proposed Ballot Language for Consideration (max 75 words): Shall proposed Charter Amendment No. 2, which provides that the only flags to be displayed by the City on City property are the United States Flag, the County of Orange Flag, the City of Huntington Beach Flag, the POW-MIA Flag, the six Armed Forces Flags, the Olympic Flag during the Summer Olympic Games, and any other flag if authorized by a unanimous vote of the City Council, be approved? YES NO A redlined Charter with these proposed amendments will be attached to the ballot measure language (see Attachment 5) to help voters visualize and better comprehend these changes. Lastly, a detailed list of the proposed Charter amendments in Measure No. 2 is below for reference only. This will not be included in the ballot. City of Huntington Beach Printed on 10/13/2023Page 4 of 7 powered by Legistar™292 File #:23-871 MEETING DATE:10/17/2023 Charter Amendment No. 2 #Section Section Title Proposed Amendment 1 806 (new)Display of Flags City would be limited to flying certain flags on its properties: American flag, POW/MIA flag, State of California, County of Orange flag, City of Huntington Beach flag, flags of six branches of military, and Olympic flag preceding and following Summer Olympic Games. The City may fly additional flags if authorized by unanimous vote of the City Council. CHARTER AMENDMENT - MEASURE NO. 3: Proposed Ballot Language for Consideration (max 75 words): Shall proposed Charter Amendment No. 3 to: commencing in 2026, require the City to adopt a two-year budget; update the procedures to cancel a regular City Council meeting; update the process to fill a City Council vacancy; and amend outdated phrases, syntax, dates, pronouns, and titles be approved? YES NO A redlined Charter with these proposed amendments will be attached to the ballot measure language (see Attachment 5) to help voters visualize and better comprehend these changes. Lastly, a detailed list of the proposed Charter amendments in Measure No. 3 is below for reference only. This will not be included in the ballot. Charter Amendment No. 3 #Section Section Title Proposed Amendment 1 300 City Council, Attorney, Clerk and Treasurer Terms Update the initial election years for elected officials (currently 1966 and 1968) to be more contemporary (2022 and 2024). Replace the outdated phrase “casting lots” with the commonly used phrase “random drawing process” and establish a clearer process and timeframe to resolve ties in voting for elected positions. 2 303 Meetings and Locations Add a provision allowing the City Council to cancel a regularly scheduled meeting when needed, and holding a minimum of one meeting per month. Syntax adjustments to clarify the process of adjourning City Council meetings. Replace the word “he” with “the Mayor”. Replace the outdated phrase “executive sessions” with the commonly used “closed sessions” 3 304(a)Quorums, Proceedings and Rules of Order. Quorum. Add the use of “current technology” as one of several ways to distribute meeting notices to City Council Members. 4 311(d)City Treasurer. Powers and Duties. Replace “Director of Finance” with the updated title of “Chief Financial Officer” to align with the Organizational Chart. 5 312 Vacancies, Forfeitures and Replacement Amend the procedure to fill a Council vacancy by appointment to (1) require at least 4 affirmative Council votes and (2) be filled until the next general municipal election when the remainder of the term will be filled via citywide vote. Clarify the word “it” with “City Council”. 6 400(d)City Manager. Composition, Term, Eligibility, Removal. Clarify the word “his” with “City Manager’s” 7 401(b)Powers and Duties.Replace budget “annually” with “as required by this Charter” to transition to a biennial budget. 8 601 Biennial Budget, Preparation by the City Manager. Replace “Director of Finance” with the updated title of “Chief Financial Officer”. Transition from an annual budget to a biennial budget starting in FY2026-2028. 9 602 Biennial Budget. Submission to the City Council. Transition from an annual budget to a biennial budget starting in FY2026-2028. 10 603 Biennial Budget. Public Hearing. Transition from an annual budget to a biennial budget starting in FY2026-2028. 11 604 Biennial Budget. Further Consideration and Adoption. Replace “Director of Finance” with the updated title of “Chief Financial Officer”. Transition from an annual budget to a biennial budget starting in FY2026-2028. 12 605 Biennial Budget. Appropriations. Transition from an annual budget to a biennial budget starting in FY2026-2028. 13 801 Definitions.Remove 801(e) to espouse gender-neutral language. 14 804 Charter Review.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. City of Huntington Beach Printed on 10/13/2023Page 5 of 7 powered by Legistar™293 File #:23-871 MEETING DATE:10/17/2023 CharterAmendmentNo. 3#Section Section Title Proposed Amendment1300City Council, Attorney,Clerk and Treasurer TermsUpdate the initial election years for elected officials(currently 1966 and 1968) to be more contemporary (2022 and 2024). Replace the outdated phrase “casting lots” with the commonly used phrase “random drawing process” and establish a clearer process and timeframe to resolve ties in voting for elected positions. 2 303 Meetings and Locations Add a provision allowing the City Council to cancel a regularly scheduled meeting when needed, and holding a minimum of one meeting per month. Syntax adjustments to clarify the process of adjourning City Council meetings. Replace the word “he” with “the Mayor”. Replace the outdated phrase “executive sessions” with the commonly used “closed sessions” 3 304(a)Quorums, Proceedings and Rules of Order. Quorum. Add the use of “current technology” as one of several ways to distribute meeting notices to City Council Members. 4 311(d)City Treasurer. Powers and Duties. Replace “Director of Finance” with the updated title of “Chief Financial Officer” to align with the Organizational Chart. 5 312 Vacancies, Forfeitures and Replacement Amend the procedure to fill a Council vacancy by appointment to (1) require at least 4 affirmative Council votes and (2) be filled until the next general municipal election when the remainder of the term will be filled via citywide vote. Clarify the word “it” with “City Council”. 6 400(d)City Manager. Composition, Term, Eligibility, Removal. Clarify the word “his” with “City Manager’s” 7 401(b)Powers and Duties.Replace budget “annually” with “as required by this Charter” to transition to a biennial budget. 8 601 Biennial Budget, Preparation by the City Manager. Replace “Director of Finance” with the updated title of “Chief Financial Officer”. Transition from an annual budget to a biennial budget starting in FY2026-2028. 9 602 Biennial Budget. Submission to the City Council. Transition from an annual budget to a biennial budget starting in FY2026-2028. 10 603 Biennial Budget. Public Hearing. Transition from an annual budget to a biennial budget starting in FY2026-2028. 11 604 Biennial Budget. Further Consideration and Adoption. Replace “Director of Finance” with the updated title of “Chief Financial Officer”. Transition from an annual budget to a biennial budget starting in FY2026-2028. 12 605 Biennial Budget. Appropriations. Transition from an annual budget to a biennial budget starting in FY2026-2028. 13 801 Definitions.Remove 801(e) to espouse gender-neutral language. 14 804 Charter Review.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. Following adoption of the Resolutions, the City will prepare an impartial analysis for each measure and gather arguments and rebuttals. Please note the following timelines for all items to be submitted to the City Clerk’s Office, should the Council City of Huntington Beach Printed on 10/13/2023Page 6 of 7 powered by Legistar™294 File #:23-871 MEETING DATE:10/17/2023 Please note the following timelines for all items to be submitted to the City Clerk’s Office, should the Council approve the recommended action tonight: Timeline for Impartial Analysis and Written Arguments City Council Meeting / Call for Election Due Date for Impartial Analyses and Written Arguments Tuesday, October 17, 2023 Wednesday, November 1, 2023 Timeline for Rebuttal Arguments Written Arguments Submitted Due Date for Rebuttals Wednesday, November 1, 2023 Monday, November 13, 2023 If the City Council does not approve the Recommended Action tonight, the final regular meeting date that the City Council can call for an election and submit all required election materials by the ROV’s final filing deadlines is November 21, 2023. 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: Not applicable. This item is an administrative or operational item. For details, visit www.huntingtonbeachca.gov/strategicplan <http://www.huntingtonbeachca.gov/strategicplan> . Attachment(s): 1.Resolution 2023-42 - A Resolution of the City Council of the City of Huntington Beach, California, Calling for the Holding of a Special Municipal Election to be held on Tuesday, March 5, 2024, for the Submission to the Voters Questions Relating to City Charter Amendments 2.Resolution 2023-43 - A Resolution of the City Council of the City of Huntington Beach, California, Requesting the Board of Supervisors of the County of Orange to Consolidate a Special Municipal Election to be held on March 5, 2024, with the Statewide Primary Election to be held on the Date Pursuant to § 10403 of the Elections Code 3.Resolution 2023-44 - A Resolution of the City Council of the City of Huntington Beach, California, Setting Priorities for Filing Written Arguments Regarding City Measures and Directing the City Attorney to Prepare Impartial Analyses 4.Resolution 2023-45 - A Resolution of the City Council of the City of Huntington Beach, California, Providing for the Filing of Rebuttal Arguments for City Measures Submitted at Municipal Elections 5.Redline of Proposed Charter Amendments for Measures Nos. 1, 2, and 3 6.PDF version of this report 7.Presentation City of Huntington Beach Printed on 10/13/2023Page 7 of 7 powered by Legistar™295 Attachment 1 - Reso. 2023-042 296 RESOLUTION NO. 2023-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, CALLING FOR n-rn HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 5, 2024, FOR THE SUBMISSION TO THE VOTERS QUESTIONS RELATING TO CITY CHARTER AMENDMENTS. WHEREAS, pursuant to authority provided by the California Constitution, Article XI and the Government Code, Title 4, Division 2, Chapter 2 ( commencing at § 34450) and the Election Code Division 9, Chapter 3, Article 3 (commencing at§ 9255) of the State of California, and w1der the provisions of the laws relating to Cha1ter cities in the State of California, the City Council desires to hold a Special Municipal Election on March 5, 2024 to submit to the voters three questions relating to City Charter amendments; and WHEREAS, the City Council is authorized and directed by statute to submit the proposed charter amendment(s) to the voters, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS; SECTION 1. That pursuant to the requirements of the laws of the State of California relating to Charter Cities, and pursuant to the California Constitution, A1ticle XI and the Government Code, Title 4, Division 2, Chapter 2 ( commencing at§ 34450) and the Election Code Division 9, Chapter 3, Article 3 (commencing at§ 9255) of the State of California, there is called and ordered to be held in the City of Huntington Beach, Califomia, on Tuesday, March 5, 2024, a Special Municipal Election for the p,ll'pose of submitting to the voters the following questions relating to City Charter amendments; Attachment 1 - Reso. 2023-042 297 RESOLUTION NO. 2023-42 "Shall proposed Charter Amendment No. 1, which provides that commeneing in 2026, for all municipal Yes elections, the City may: require Voter ID for elections; provide more in-person voting locations; and monitor ballot drop-boxes, be armroved?" No "Shall proposed Charter Amendment No. 2, which provides that the only flags to be displayed by the Yes City on City propetty are the United States Flag, the County of Orange Flag, the City of Huntington Beach Flag, the POW-MIA Flag, the six Armed Forces Flags, the Olympi,; Flag during the Summer No Olympic Games, and any other flag if authorized by a unanimous vote of the City Council, be a""roved?" "Shall proposed Charter Amendment No. 3 to: commencing in 2026, require the City to adopt a two-year budget; update the procedures to cancel a Yes regular City Council meeting; update the process to fill a City Cotincil vacancy; and amend outdated phrases, syntax, dates, pronouns, and titles be approved?" No SECTION 2. That the complete text of the Charter Amendments submitted to the voters is attached as Exhibit A. SECTION 3. That the vote requirement for the measures to pass is a majority (50%+ I) of the votes cast. SECTION 4. That the ballots to be used at the election shall be in form and content as required by law. SECTION 5. That the City Clerk is authorized, instructed and directed to coordinate with the County of Orange Registrar-Recorder/County Clerk to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 6. 'That the polls (vote centers) for the election shall be open at seven o'clock 2 23-13267/320953 Attachment 1 - Reso. 2023-042 298 RESOLUTION NO. 2023-42 a.m. of the day of the ei(;ction and shall remain open continuously from that time until 8 o'clock p.m. of the same day when the polls (vote centers) shall be closed, pursuant to Election Code § 10242, except as provided in§§ 14212, 14401 of the Elections Code of the State of California. SECTION 7. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 8. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 9. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. SECTION 10. The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill. 3 23-13267 /3209(;3 Attachment 1 - Reso. 2023-042 299 RESOLUTION NO. 2023-42 PASSED AND ADOPTED by the City Council of the City ofH1.mtington Beach at a regular meeting thereof held on the_ day of ____ , 2023. Mayor REVIEWED AND APPROVED: APPROVED AS TO FORM: City Manager f,--City Attorney INITIATED AND APPROVED: City Manager 4 23-13267 /320953 Attachment 1 - Reso. 2023-042 300 RESOLUTION NO. 2023-42 EXHIBIT A CHARTER AMENDMENT MEASURES PROPOSED ADDITIONS SHOWN AS UNDERLINED PROPOSED DELETIONS SHOWN AS 8TR1KETHROUGH Charter Amendment Measure No. I 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 prgvisions of this Charter shall control and prevail, in accordance with Section I 03 of this Charter. Section 705. SPECIAL PROVISIONS RELATING TO MUNICIPAL ELECTIONS 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. (a) Beginning in 2026, for all municipal elections: (1) "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. (2) The City may verify the eligibility of Electors by voter identification. (3) The City may provide at least 20 Americans with Disabilities Act compliant . ' ' ' ' . . ' ' ' . . voting locations for in-persgn voting disJ:)ersed evenly tln·oughout the City, in addition to any City facility vgting locations. (4) The City may monitor ballot drop boxes located within the City for compliance with aU applicable laws. Charter Amendment Measure No. 2 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 Sum1ner 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. 5 23-13267 /320953 Attachment 1 - Reso. 2023-042 301 RESOLUTION NO. 2023-42 Charter Amendment Measure No. 3 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 ele.ction process established in the new Charter in 1966 and reaffirmed in 2Q22, four members of the City Council shall be elected at the general municipal election held in -l-%6 2022, and each fourth year thereafter. Three members of the City Council shall be elected at the general municipal elc;ction held in ~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 +%S 2024, and each fourth year thereafter. A City Attorney shall be elected in +966 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 Monday 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 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. In no event shall the City Council meet less than once each month. and The City Council may adjourn or rn adjourn any regular meeting to a date and hour certain which shall be specified in the order of adjournment, and when so adjourned Each re-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, suoh-moeting 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. 6 23-13267 /320953 Attachment 1 - Reso. 2023-042 302 RESOLUTION NO. 2023-42 (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 curn;nt techno_logy to eaeh 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 personallyLeF by mail qr 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, ifhe 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 eirneutive 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. ( e) Dissemination of Information. The City Council shall adopt rules to ensure thorough and timely dissemination of information via current technology by resolution. 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 adjoumed 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 adjoumed by less than a quorum or by the City Clerk to be delivered personally, eF by mail or by current technology to each Council member at least twenty-four hours before the time to which the meeting is adjoumed, 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. 7 23-13267 /320953 Attachment 1 - Reso. 2023-042 303 RESOLUTION NO. 2023-42 Section 311. CITY TREASURER. POWERS AND DUTIES. (d) Prepare and submit to the Director of Finance 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 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). 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 al 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 fornishing the City Manager with written notice of the intended removal, the City Council may suspend the City Manager from duty, but hls 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 401. POWERS AND DUTIES. (b) Prepare the budget allll1;1ally as required by this Charter, submit it to the City Council, and be responsible for its administration upon adoption. 8 23-13267 /320953 Attachment 1 - Reso. 2023-042 304 RESOLUTION NO. 2023-42 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 Direetor of Finanee Chief Financial Officer, estimates of the department's, board's or commission's revenue and expenditures for the ensuing two 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 m.iy 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 ,\NNU,\L 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 ofat least a majority of the total members of the Council. Upon final adoption, the budget shall be in effect for the ensuing two fiscal year§.. Copies thereof, certified by the City Clerk, shall be filed with the City Manager, Direetor of Finanee 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 605. BIENNIAL ANNU.A.L 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 9 23-13267 /320953 Attachment 1 - Reso. 2023-042 305 RESOLUTION NO. 2023.42 for the respective objects and purposes therein named; provided, however, that the City Manager may transfer fonds 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. 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 depm1ment, 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. (c) The masculine ineludcs the feminine and the feminine ine!Btles-the maseuline. (f.~) 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, Ci!Y Council, or City staff. 10 23-13267 /320953 Attachment 2 -Reso. 2023-043 306 RESOLUTION NO, 2023-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD ON MARCH S, 2024, WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD ON THE DATE PURSUANT TO§ 10403 OF THE ELECTIONS CODE. WHEREAS, the City Council of the City of Huntington Beach called a Special Municipal Election to be held on March S, 2024, for the purpose of submitting to the voters questions relating to amending the City Charter; and WHEREAS, it is desirable that the Special Municipal Election be consolidated with the Statewide Primary Election to be held on the same date and that within the City, polling places (vote centers) and election officers of the two elections be the same, and that the county election department of the County of Orange canvass the returns of the Special Municipal Election and that the election be held in all respects as if there were only one election; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HlJNTlNGTON BEACH DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of§ I 0403 of the Elections Code, the Board of Supervisors of the County of Orange is hereby requested to consent and agree to the consolidation of a Special Municipal Election for the purpose of submitting to the voters three questions relating to amending the City Chru.ier, with the Statewide Primary Election on Tuesday, Mareh S, 2024, and SECTION 2. That the measures are to appear on the ballot as follows: Attachment 2 -Reso. 2023-043 307 RESOLUTION NO. 2023-43 "Shall proposed Charter Amendment No. 1, which provides that commencing in 2026, for all municipal elections, the City may: Yes require Voter ID for elections; provide more in-person voting locations; and monitor ballot drop-boxes, be approved?" No "Shall proposed Charter Amendment No. 2, which provides that Yes the only flags to be displayed by the City on City property are the United States Flag, the County of Orange Flag, the City of Huntington Beach Flag, the POW-MIA Flag, the six Armed Forces Flags, the Olympic Flag during the Summer Olympic Games, and any other flag if authorized by a unanimous vote of the City Council, be approved?" No "Shall proposed Charter Amendment No. 3 to: commencing in 2026, require the City to adopt a two-year budget; update the Yes procedures to cancel a regular City Council meeting; update the process to fill a City Council vacancy; and amend outdated phrases, syntax, dates, pronouns, and titles be approved?" No SECTION 3. That the proposed complete text of the measures submitted to the voters are attached to this resolution as Exhibit A. SECTION 4. That the vote requirement for the measures to pass is a majority (50%+ 1) of the votes cast. SECTION 5. That the county election department is authorized to canvass the returns of the Special Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. The election will be held and conducted in accordance with the provisions of law regulating the statewide or special election. SECTION 6. That the Board of Supervisors is requested to issue instructions to the county election department to take any and all steps necessaiy for the holding of the consolidated election. 2 23-13267/320952 Attachment 2 -Reso. 2023-043 308 RESOLUTION NO. 2023-43 SECTION 7. That the City of Huntington Beach recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs. SECTION 8. Thal the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the county election department of the County of Orange. SECTION 9. That the City Ckrk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the __ day of ____ ,, 2023. Mayor REVIEWED AND APPROVED: APPROVED AS TO FORM: City Manager f-City Attorney INITIATED AND APPROVED: City Manager 3 23-13267 /320952 Attachment 2 -Reso. 2023-043 309 RESOLUTION NO. 2023-43 EXHIBIT A CHARTER AMENDMENT MEASURES PROPOSED ADDITIONS SHOWN AS UNDERLINED PROPOSED DELETIONS SHOWN AS S+Rll(ETHROUGH Charter Amendment Measure No. 1 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 suc.h conflict, the provisions of this Charter shaH control and prevail, in accordance with Section 103 of this Charter. Section 705, SPECIAL PROVISIONS RELATING TO MUNICIPAL ELECTIONS As in Section 300,ths; 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. (a) Beginning in 2026, for all municipal elections: (I) "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. . ' ' ' '. . (2) The City may verify the eligibility of Electors by voter identification. . ' " ' ' ' . ' . ' . . (3) The City may provide at least 20 Americans with Disabilities Act compliant voting locations for in-person voting dispersed evenly throughout the City, in addition to any City facility voting locations. (4) The City may monitor ballot drop boxes located within the City for compliance with all applicable laws. Charter Amendment Measure No. 2 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 Atnerican 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, Nayy, 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. 4 23-13267/320952 Attachment 2 -Reso. 2023-043 310 RESOLUTION NO. 2023-43 Charter Amendment Measure No. 3 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 2Q22, four members ofthe City Council shall be elected at the general municipal election held in +%6 2022, and each fourth year thereafter. Three members of the City Council shall be elected at the general municipal election held in .J...968.2024, 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 am;! the qualification of their successors. Consistent with the staggered election process . ' . . . . . ' '. established in the new Charter in 1966 and reaffirmed in 2Q22, a City Clerk and City Treasurer shall be elected at the general municipal election held in +%S 2024, and each fourth year thereafter. A City Attorney shall be elected in +%6 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 Menaay regular City Council meeting following the certification of the election. Ties in voting among candidates for office shall be settled by the easting of lots rnndom 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 suchtime as it shall fix by ordinance or resolution. In no event' shall the City Council meet less than once each month. arul The City Council may adjourn or re a~ any . .. . . .... regular meeting to a date and hour certain which shall be specified in the order of adjournment, and when so adjourned gach re-adjourned meeting shall be a regular meeting for all purposes. If the hour to .whieh a meeting is adjm1rnc<l-ts-not stated in the order of adjournment, suc-ft-ffieetffig 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. 5 23-13267/320952 Attachment 2 -Reso. 2023-043 311 RESOLUTION NO. 2023-43 (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 Lei' 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 1w 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 eirneative 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. ( e) Dissemination oflnformation. The City Council shall adopt rules to ensure thorough and timely dissemination of information via current technology by resolution. 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 adjoumed to a stated day and hour. The City Clerk shall cause written notice of a meeting adjoumed by less than a quorum or by the City Clerk to be delivered personally, eF 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. 6 23-13267 /320952 Attachment 2 -Reso. 2023-043 312 RESOLUTION NO. 2023-43 Section 311. CITY TREASURER. POWERS AND DUTIES. ( d) Prepare and submit to the Direetor of Finanee 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 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. lfthe 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 o~~u;· 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), 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 hls 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 publi<; all pertinent facts prior to the final action of removal. Section 401. POWERS AND DUTIES. (b) Prepare the budget annually as required by this Charter, submit it to the City Council, and be responsible for its administration upon adoption. 7 23-13267 /320952 Attachment 2 -Reso. 2023-043 313 RESOLUTION NO. 2023-43 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 Direetor of Firumoo Chief Financial Officer, estimates of the department's, board's or commission's revenue and expenditures for the ensuing two 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 602. BIENNIAL ANNU,\L BUDGET. SUBMISSION TO THE CITY COUNCIL. The City Manager shall submit the proposed budget to the City Council at least thitty 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 ,\NNU,\L BUDGET. PUBLIC HEARING. At the time so adve1tised 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 advisabk and on or before the last day of the fiscal year it shall adopt the budget with revisions, if any, by the affirmative vote ofat least a majority of the total members of the Council. Upon final adoption, the budget shall be in effect for the ensuing two fiscal year§.. Copies thereof, certified by the City Clerk, shall be filed with the City Manager, Direetor of.Finanee 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 Ckrk where it shall be available for public inspection. The budget so ce1tified 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 ANNU,\L 13UDGET APPROPRIATIONS. From the effective date of the budget, the several amounts stated therein as proposed expenditures shall be and become appropriated to the several departments, offices and agencies for the respective objects and purposes therein named; provided, however, that the City Manager may transfer funds from one object or purpose to another within the same department, office or 8 23-13267/320952 Attachment 2 -Reso. 2023-043 314 RESOLUTION NO. 2023-43 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. 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. (e) The-masculine includes the feminine and the feminine includes the masculine. (f!<) The singular includes the plural and the plural the singular. (g .!) "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. 9 23-13267/320952 Attachment 3- Reso. 2023-044 315 RESOLUTION NO. 2023-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING CITY MEASURES AND DIRECTING THE CITY ATTORNEY TO PREPARE IMPARTIAL ANALYSES WHEREAS, a Special Municipal Election is to be held in the City of Huntington Beach, California, on March 5, 2024, at which there will be submitted to the voters three ballot measures related to amendments to the City Charter; and The City Council wishes to authorize arguments in favor of and in opposition to these measures and authorize the preparation of impartial analyses of these measures, NOW, THEREFORE, the City Council of the City of Huntington Beach, California, does hereby resolve, declare, determine and order as follows: SECTION 1. That with respect to the measure entitled: "Shall proposed Charter Amendment No. 1, which provides that commencing in 2026, for all municipal elections, the City may: require Voter ID for elections; provide more in-YES person voting locations; and monitor ballot drop-boxes, be approved?" NO a. That the City Council authorizes the following member(s) of its body: (Councilmember In Favor/ Against) (Councilmember In Favor/ Against) (Councilmember In Favor/ Against) (Councilmember In Favor/ Against) (Councilmember In Favor/ Against) Attachment 3- Reso. 2023-044 316 RESOLUTION NO. 2023-44 to file a written argument not exceeding 3 00 words regarding the City measure as specified above, accompanied by the printed name(s) and signature(s) of the author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California. The arguments may be changed or withdrawn until and including the date fixed by the City Clerk after which no arguments for or against the City measure may be submitted to the City Cleric Said argument to be accompanied by the printed name(s) and signature(s) of the authors(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers. SECTION 2. That the City Council directs the City Clerk to transmit a copy of the Measure to the City Attorney. a. The City Attorney shall prepare an impartial analysis of the Measure not exceeding 500 words showing the effect of the Measure on the existing law and the operation of the Measure. If the measure affects th~ organization or salaries of the office of the City Attomey, the City Attomey shall have outside counsel prepare the impartial analysis. b. The analysis shall include a statement indicating whether the measure was placed on the ballot by a petition signed by the requisite number of voters or by the goveming body of the city. c. In the event the entire text of the measure is not printed on the ballot, nor in the voter information portion of the voter information guide, there shall be printed immediately below the impartial analysis, in no less than I 0-point type, the following: "The above statement is an impartial analysis of Charter Amendment Measure I. If you desire a copy of the Measure, please call the election official's office at 714-536-5405 and a copy will be emailed at no cost to you." d. The impartial analysis shall be filed by the date set by the City Clerk for the filing 2 23-13267/320954 Attachment 3- Reso. 2023-044 317 RESOLUTION NO. 2023-44 of primary arguments. SECTION 3. That with respect to the measure entitled: "Shall proposed Charter Amendment No. 2, which provides YES that the only flags to be displayed by the City on City property are the United States Flag, the County of Orange Flag, the City of Huntington Beach Flag, the POW-MIA Flag, the six Armed Forces Flags, the Olympic Flag during the Summer Olympic Games, and any other flag if authorized by a NO unanimous vote of the City Council, be approved?" a. That the City Council authorizes the following member(s) of its body: (Councilmember In Favor/ Against) (Councilmember In Favor/ Against) (Councilmember In Favor/Against) (Councilmember In Favor/Against) (Councilmember In Favor/ Against) to file a written argument not exceeding 300 words regarding the City measure as specified above, accompanied by the printed name(s) and signature(s) of the author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California. The arguments may be changed or withdrawn until and including the date fixed by the City Clerk after which no arguments for or against the City measure may be submitted to the City Clerk. Said argument to be accompanied by the printed name(s) and signature(s) of the authors(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers. SECTION 4. That the City Council directs the City Clerk to transmit a copy of the Measure to the City Attorney. a. The City Attorney shall prepare an impartial analysis of the Measure not exceeding 3 23-13267 /320954 Attachment 3- Reso. 2023-044 318 RESOLUTION NO. 2023-44 500 words showing the effect of the Measure on the existing law and the operation of the Measure. If the measure affects the organization or salaries of the office of the City Attorney, the City Attorney shall have outside co\msel prepare the impartial analysis. b. The analysis shall include a statement indicating whether the measure was placed on the ballot by a petition signed by the requisite number of voters or by the governing body of the city. c. In the event the entire text of the measure is not printed on the ballot, nor in the voter information portion of the voter information guide, there shall be printed immediately below the impartial analysis, in no less than 10-point type, the following: "The above statement is an impartial analysis of Charter Amendment Measure 2. If you desire a copy of the Measure, please call the election official's office at 714-536-5405 and a copy will be emailed at no cost to you." d. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. SECTION 5. That with respect to the measure entitled: "Shall proposed Charter Amendment No. 3 to: YES commencing in 2026, l'equire the City to adopt a two- year budget; update the procedures to cancel a regular City Council meeting; update the process to fill a City Council vacancy; and amend outdated phrases, syntax, dates, pronouns, and titles be approved?" NO 4 23-13267/320954 Attachment 3- Reso. 2023-044 319 RESOLUTION NO. 2023-44 a. That the City Council authorizes the following member(s) of its body: (Council member In Favor/ Against) (Councilmember In Favor/ Against) (Councilmember In Favor/ Against) (Councilmember In Favor/Against) (Councilmember In Favor/ Against) to file a written argument not exceeding 300 words regarding the City measure as specified above, accompanied by the printed name(s) and signature(s) of the author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California. The arguments may be changed or withdrawn until and including the date fixed by the City Clerk after which no arguments for or against the City measure may be submitted to the City Clerk. Said argument to be accompanied by the printed name(s) and signature(s) of the authors(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers. SECTION 6. That the City Council directs the City Clerk to transmit a copy of the Measure to the City Attorney. a. The City Attorney shall prepare an impartial analysis of the Meas\1re not exceeding 500 words showing the effect of the Measure on the existing law and the operation of the Measure. If the measure affects the organization or salaries of the office of the City Attorney, the City Attorney shall have outside counsel prepare the impartial analysis. b. The analysis shall include a statement indicating whether the measure was placed on the ballot by a petition signed by the requisite number of voters or by the governing body of the city. c. In the event the entire text of the measure is not printed on the ballot, nor in the voter information portion of the voter information guide, there shall be printed immediately below 5 23-13267/320954 Attachment 3- Reso. 2023-044 320 RESOLUTION NO. 2023-44 the impartial analysis, in no less than 10-point type, the following: "The above statement is an impartial analysis of Charter Amendment Measure 3. ~f you desire a copy of the Measure, please call the election official's office at 714-536-5405 and a copy will be emailed at no cost to you." d. The impartial analysis shall be filed by the date sel by the City Clerk for the filing of primary arguments. SECTION 7. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the ~ __ day of ___ , 2023. Mayor REVIEWED AND APPROVED: APPROVED AS TO FORM: City Manager A---city Attorney INITIATED AND APPROVED: City Manager 6 23-13267 /320954 Attachment 3- Reso. 2023-044 321 ARGUMENTS FORM OF STATEMENT TO BE FILED BY AUTHORS OF ARGUMENTS All arguments concerning measures filed pursuant to Division 9, Chapter 3 (beginning with§ 9200) of the Elections Code shall be accompanied by the following form statement to be signed by each proponent, and by each author, if different, of the argument: The undersigned proponent (s) or .,uthor(s) of the (primary/rebuttal) argument (in favor of/against) ballot proposition (name or number) at the (title of election) election for the Uurisdiction) to be held on ____ , 20 ____ hereby state that the argument is true and correct to the best of (his/her/their) knowledge and belief. Print Name Signature Title (If applicable):Submitted on behalf of: Date (name of organiz.ation) Print Name Signature Title (If applicable):Submitted on behalf of: Date (name of organization) Print Name Signature Title (If applicable):Submittec;I on behalf of: Date (name of organization) Print Name Signature Title (If applicable):Submitted on behalf of: Date (name of oraanization) Print Name Signature Title (If applicable):Submitted on behalf of: Date (name of organization) Attachment 3- Reso. 2023-044 322 All Authors must print his/her name and sign this form (EC 9600) AND Print his/her name and sign the Argument itself (EC 9283) AND Print his/her name and sign the Rebuttal Argument itself (EC 9285) Further, pvrsuant to Election Code § 9282, printed arguments submitted to the voters shall be titled either "Argument In Favor Of Measure_" or "Argument Against Measure_". Lfkewlse1 printed rebuttal arguments submitted pursuant to Election Code§ 9285 shall be titled either "Rebuttal To Argument In Favor Of Measure ....,...11 or "Rebuttal to Argument Against Measure -'~ § 9200, 9282, 9283, 9285, 9600 E.G. Statement of Authors of Arguments § 9600, E.C. and (Steven Vargas v. Cheryl Baiz and City of Brea; Revised 10/2009) F - A -1 Attachment 4- Reso. 2023-045 323 RESOLUTION NO. 2023-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS WHEREAS, § 9282 of the Elections Code of the State of California provides for written arguments to be filed in favor of or against City measures not to exceed 300 words in length; and WHEREAS, § 9285 of the Elections Code of the State of California authorizes the City Council, by majority vote, to adopt provisions to provide for the filing of rebuttal arguments for city measures submitted at municipal elections; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION L That pursuant to Section 9285 of the Elections Code of the State of California, when the elections official has selected the arguments for and against each measure (not exceeding 300 words each) which will be printed and distributed to the voters, the elections official shall send a copy of an argument in favor of the proposition to the authors of any argument against the measure and a copy of an argument against the measure to the authors of any argument in favor of the measure immediately upon receiving the arguments. The author or a majority of the authors of an argument relating to a city measure may prepare and submit a rebuttal argument not exceeding 250 words or may authorize in writing any other person or persons to prepare, submit, or sign the rebuttal argument. A rebuttal argument shall not be signed by more than five authors. The rebuttal arguments shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the 23-13267 /320951 Attachment 4- Reso. 2023-045 324 RESOLUTION NO. 2023-45 name of the organization, and the printed name and signature of at least one of its principal officers, not more than 10 days after the final date for filing direct arguments. The rebuttal arguments shall be accompanied by the Form of Statement To Be Filed By Author(s) of Argument. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut. SECTION 2. That all previous resolutions providing for the filing of rebuttal arguments for city measures are repealed. SECTION 3. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the ___ .day of ___ ,, 2023. Mayor REVIEWED AND APPROVED: APPROVED AS TO FORM: City Manager f.,-City Attorney INITIATED AND APPROVED: City Manager 2 23-13267 /320951 Attachment 4- Reso. 2023-045 325 ARGUMENTS AUTHORIZATION FOR ANOTHER PERSON TO SIGN REBUTTAL ARGUMENT The following majority of __ ._ authors of the Argument D In Favor of D Against Measure __ authorize the following person(s) to prepare, submit or sign the Rebuttal to the Argument D In Favor of D Against Measure __ for the City of _________ Election to be held on -~--' 20 __ . Signatures of a majority of the authors of the Argument D In Favor of D Against Measure __ are required: Name (Print) Signature Date Name (Print) Signature Date Name (Print) Signature Date The following authors are authorized to prepare, submit or sign the Rebuttal to the Argument D In Favor of D Against Measure ___ _ Print Name Signature Title Date Print Name Signature Title Date Print Name Signature Title Date Print Name Signature Attachment 4- Reso. 2023-045 326 Title Date Print Name $ignature Title Date Attach this form to the Form of Statement of Authors Form submitted with the Argument □ In Favor of □ Against Measure § 9285, E.C. (Added 10/2006, Amenoed 10/2016) F-A-2 Authorization for Others to Sign Rebuttal Argument 1 Question No. 1: Elections (Revise 702, Add new 705) 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 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. (a)Beginning in 2026, for all municipal elections: (1)“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. (2)The City may verify the eligibility of Electors by voter identification. (3) The City may provide at least 20 Americans with Disabilities Act compliant voting locations for in-person voting dispersed evenly throughout the City, in addition to any City facility voting locations. (4)The City may monitor ballot drop boxes located within the City for compliance with all applicable laws. Attachment 5- Charter Amendment Draft Language 327 2 Question No. 2: Flags (Add New 806) 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. Attachment 5- Charter Amendment Draft Language 328 3 Question No. 3: General Update of Numerous Sections (Revise 300, 303, 304a, 311d, 312, 400d, 401b, 601, 602, 603, 604, 605, 801, 804) 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 1966 2022, and each fourth year thereafter. Three members of the City Council shall be elected at the general municipal election held in 1968 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 1968 2024, and each fourth year thereafter. A City Attorney shall be elected in 1966 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 Monday 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 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. In no event shall the City Council meet less than once each month. and The City Council 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 re-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. Attachment 5- Charter Amendment Draft Language 329 4 (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, or 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 Tem in the Mayor's absence or by any member of the City Council in the absence of both the Mayor and Mayor Pro Tem provided that the nature of the emergency is set forth in the minutes of the meeting. (c) Place of Meetings. All regular meetings shall be held in the Council Chambers of the City or in such place within the City to which any such meeting may be adjourned. If, by reason of fire, flood or other emergency, it shall be unsafe to meet in the place designated, the meetings may be held for the duration of the emergency at such place within the City as is designated by the Mayor, or, if he 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. (e) Dissemination of Information. The City Council shall adopt rules to ensure thorough and timely dissemination of information via current technology by resolution. 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 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. Attachment 5- Charter Amendment Draft Language 330 5 Section 311. CITY TREASURER. POWERS AND DUTIES. (d) Prepare and submit to the Director of Finance 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. (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). 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 Attachment 5- Charter Amendment Draft Language 331 6 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 his 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 401. POWERS AND DUTIES. (b) Prepare the budget annually as required by this Charter, submit it to the City Council, and be responsible for its administration upon adoption. 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 Chief Financial Officer, estimates of the department’s, board’s or commission’s revenue and expenditures for the ensuing two fiscal years, detailed in such manner as may be prescribed by the City Manager. In preparing the proposed budget, the City Manager shall review the estimates, hold conferences thereon with the respective department heads, boards or commissions as necessary, and may revise the estimates as may be deemed advisable. Section 602. BIENNIAL ANNUAL BUDGET. SUBMISSION TO THE CITY COUNCIL. The City Manager shall submit the proposed budget to the City Council at least thirty days prior to the beginning of each even numbered fiscal year beginning in 2026. After reviewing the proposed budget and making such revisions as it may deem advisable, the City Council shall hold a public hearing thereon at least fifteen days prior to the beginning of each 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 Attachment 5- Charter Amendment Draft Language 332 7 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 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 605. BIENNIAL ANNUAL BUDGET APPROPRIATIONS. From the effective date of the budget, the several amounts stated therein as proposed expenditures shall be and become appropriated to the several departments, offices and agencies for the respective objects and purposes therein named; provided, however, that the City Manager may transfer funds from one object or purpose to another within the same department, office or agency. All appropriations shall lapse at the end of the second fiscal year to the extent that they shall not have been expended or lawfully encumbered. At any public meeting after the adoption of the budget, the City Council may amend or supplement the budget by motion adopted by the affirmative vote of at least a majority of the total members of the City Council. 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. (e) The masculine includes the feminine and the feminine includes the masculine. (f e) 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. Attachment 5- Charter Amendment Draft Language 333 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Al Zelinka, City Manager VIA: Travis K. Hopkins, Assistant City Manager PREPARED BY: Shannon Levin, Council Policy Analyst Catherine Jun, Deputy City Manager Subject: ..title Consider the submission of three Charter amendment ballot measures for voter approval at the March 5, 2024 Statewide Primary Election and the adoption of Resolution Nos. 2023-42, 2023- 43, 2023-44, and 2023-45. ..body Statement of Issue: Note: A PDF of this report is attached, in the event the tables and images do not display properly on the reader’s screen. On October 5, 2023, the City Council voted to place three Charter amendment ballot measures for voter approval on the March 5, 2024 Statewide Primary Election. The City Attorney’s Office has since prepared the following Resolutions, which contain the proposed amendments to the City Charter, ballot questions, and exhibits for final consideration by the full City Council. 1. Resolution No. 2023-42 - A Resolution of the City Council of the City of Huntington Beach, California, Calling for the Holding of a Special Municipal Election to be held on Tuesday, March 5, 2024, for the Submission to the Voters Questions Relating to City Charter Amendments 2. Resolution No. 2023-43 - A Resolution of the City Council of the City of Huntington Beach, California, Requesting the Board of Supervisors of the County of Orange to Consolidate a Special Municipal Election to be held on March 5, 2024, with the Statewide Primary Election to be held on the Date Pursuant to § 10403 of the Elections Code 3. Resolution No. 2023-44 - A Resolution of the City Council of the City of Huntington Beach, California, Setting Priorities for Filing Written Arguments Regarding City Measures and Directing the City Attorney to Prepare Impartial Analyses 4. Resolution No. 2023-45 - A Resolution of the City Council of the City of Huntington Beach, California, Providing for the Filing of Rebuttal Arguments for City Measures Submitted at Municipal Elections To place the three measures on the ballot, the City Council must vote to approve or amend the proposed ballot questions and exhibits available in Resolution Nos. 2023-42 and 2023-43; set priorities for written arguments and rebuttal arguments in Resolution Nos. 2023-44 and 2023-45; and adopt all four resolutions. Following adoption, the City Attorney’s Office will prepare an impartial analysis for each measure per Resolution No. 2023-44. Furthermore, the City Clerk’s Office will gather the written arguments and 334 rebuttals for each measure and all other required election materials for submittal to the OC Registrar of Voters (ROV) by their filing deadlines. Financial Impact: The estimated cost to hold a municipal election during the March 5, 2024 Statewide Primary Election and place 3 Charter amendment measures on the ballot is as follows: Election Component Estimated Cost (Range) Details March 2024 Consolidated Election Cost $318,928 to $383,128 The cost of consolidating elections with Orange County, which includes: labor, overhead, supplies, services, pre-paid postage for vote by mail return envelopes, and cost recovery for the 2019-20 purchase of new election equipment per registered voter. Placement of three (3) Measures on the March 2024 Ballot $51,000 to $76,500 One (1) measure is estimated at $17,000 to $25,500, which is contingent on the number of pages it occupies on the ballot. Per the ROV, every 2 pages is $8,500, and the City’s estimate is based on 4-6 pages per measure. Total Estimated Cost (Range) $369,928 to $459,628 The total estimated cost is not budgeted. As such, City Council is requested to authorize a budget appropriation of $459,628 from the 2023/24 General Fund to Business Unit 10010201. Sufficient funds are available to support this request. Recommended Action: ..recommendation A) Consider the three proposed Charter amendment ballot measures, ballot language, and exhibits for placement on the March 5, 2024 Statewide Primary Election ballot for voter approval; and B) Adopt Resolution No. 2023-42, “A Resolution of the City Council of the City of Huntington Beach, California, Calling for the Holding of a Special Municipal Election to be held on Tuesday, March 5, 2024, for the Submission to the Voters Questions Relating to City Charter Amendments;” and C) Adopt Resolution No. 2023-43, “A Resolution of the City Council of the City of Huntington Beach, California, Requesting the Board of Supervisors of the County of Orange to Consolidate a Special Municipal Election to be held on March 5, 2024, with the Statewide Primary Election to be held on the Date Pursuant to § 10403 of the Elections Code;” and D) Adopt Resolution No. 2023-44, “A Resolution of the City Council of the City of Huntington Beach, California, Setting Priorities for Filing Written Arguments Regarding City Measures and Directing the City Attorney to Prepare Impartial Analyses;” and E) Adopt Resolution No. 2023-45, “A Resolution of the City Council of the City of Huntington Beach, California, Providing for the Filing of Rebuttal Arguments for City Measures Submitted at Municipal Elections;” and F) Appropriate $459,628 in General Funds to business unit 10040101; and G) Dissolve the Charter Review Ad Hoc Council Committee, as their scope of work has been completed. 335 ..end Alternative Action(s): Do not approve one or more recommended actions and direct staff accordingly. Analysis: Pursuant to City Council direction, the Ad Hoc Charter Revision Committee consisting of Mayor Strickland, Mayor Pro Tem Van Der Mark, and Council Member Burns collaborated with the City Attorney’s Office on several proposed City Charter amendments. The Ad Hoc Committee introduced a list of those Charter amendments at the September 5, 2023 City Council meeting. On September 5, 2023, City Council authorized four Special Meetings on September 14, 21, 28 and October 5 to gather public feedback and further consider the amendments.  During the first meeting, City Council received feedback and requested impact analyses for each amendment, including those proposed by the Ad Hoc Committee and staff. On September 21, Council Members deliberated, while adding new amendments and requesting impact analyses on each.  On September 28, Council Members discussed several proposed amendments and took straw votes to either table the items or move items forward for additional discussion on October 5.  On October 5, City Council voted to approve six of the proposed amendments and placed them across three ballot measures for the March 2024 election. Each proposed measure contains one or more Charter amendments. Details on each are listed below, along with the proposed ballot measure language that will be placed before voters. This language was developed by the City Attorney’s Office. CHARTER AMENDMENT – MEASURE NO. 1: Proposed Ballot Language for Consideration (max 75 words): Shall proposed Charter Amendment No. 1, which provides that commencing in 2026, for all municipal elections, the City: may require Voter ID for elections; provide more in-person voting locations; and monitor ballot drop boxes, be approved? YES NO A redlined Charter with these proposed amendments will be attached to the ballot measure language (see Attachment 5) to help voters visualize and better comprehend these changes. Lastly, a detailed list of the proposed Charter amendments in Measure No. 1 is below for reference only. This list will not be included in the ballot. Charter Amendment No. 1 # Section Section Title Proposed Amendment 1 702 Procedure for Holding Elections The existing section states that all municipal elections will be held per the State’s Elections Code, so long as they are not in conflict with the Charter. The amendment adds that the Charter will control and prevail in the event of a conflict. 336 2 705 (new) Special Provisions Relating to Municipal Elections The amendment adds language stating that the City, beginning in 2026, may verify the eligibility of voters by voter ID; provide at least 20 ADA-compliant voting locations; and monitor ballot drop boxes during all municipal elections. It also reiterates that the Charter will determine the term of the City’s elected officers, the length of term, and election cycle for those officers. CHARTER AMENDMENT – MEASURE NO. 2: Proposed Ballot Language for Consideration (max 75 words): Shall proposed Charter Amendment No. 2, which provides that the only flags to be displayed by the City on City property are the United States Flag, the County of Orange Flag, the City of Hunt ington Beach Flag, the POW-MIA Flag, the six Armed Forces Flags, the Olympic Flag during the Summer Olympic Games, and any other flag if authorized by a unanimous vote of the City Council, be approved? YES NO A redlined Charter with these proposed amendments will be attached to the ballot measure language (see Attachment 5) to help voters visualize and better comprehend these changes. Lastly, a detailed list of the proposed Charter amendments in Measure No. 2 is below for reference only. Th is will not be included in the ballot. Charter Amendment No. 2 # Section Section Title Proposed Amendment 1 806 (new) Display of Flags City would be limited to flying certain flags on its properties: American flag, POW/MIA flag, State of California, County of Orange flag, City of Huntington Beach flag, flags of six branches of military, and Olympic flag preceding and following Summer Olympic Games. The City may fly additional flags if authorized by unanimous vote of the City Council. CHARTER AMENDMENT – MEASURE NO. 3: Proposed Ballot Language for Consideration (max 75 words): Shall proposed Charter Amendment No. 3 to: commencing in 2026, require the City to adopt a two-year budget; update the procedures to cancel a regular City Council meeting; update the process to fill a City Council YES 337 vacancy; and amend outdated phrases, syntax, dates, pronouns, and titles be approved? NO A redlined Charter with these proposed amendments will be attached to the ballot measure language (see Attachment 5) to help voters visualize and better comprehend these changes. Lastly, a detailed list of the proposed Charter amendments in Measure No. 3 is below for reference only. This will n ot be included in the ballot. Charter Amendment No. 3 # Section Section Title Proposed Amendment 1 300 City Council, Attorney, Clerk and Treasurer Terms Update the initial election years for elected officials (currently 1966 and 1968) to be more contemporary (2022 and 2024). Replace the outdated phrase “casting lots” with the commonly used phrase “random drawing process” and establish a clearer process and timeframe to resolve ties in voting for elected positions. 2 303 Meetings and Locations Add a provision allowing the City Council to cancel a regularly scheduled meeting when needed, and holding a minimum of one meeting per month. Syntax adjustments to clarify the process of adjourning City Council meetings. Replace the word “he” with “the Mayor”. Replace the outdated phrase “executive sessions” with the commonly used “closed sessions” 3 304(a) Quorums, Proceedings and Rules of Order. Quorum. Add the use of “current technology” as one of several ways to distribute meeting notices to City Council Members. 4 311(d) City Treasurer. Powers and Duties. Replace “Director of Finance” with the updated title of “Chief Financial Officer” to align with the Organizational Chart. 5 312 Vacancies, Forfeitures and Replacement Amend the procedure to fill a Council vacancy by appointment to (1) require at least 4 affirmative Council votes and (2) be filled until the next general municipal election when the remainder of the term will be filled via citywide vote. Clarify the word “it” with “City Council”. 6 400(d) City Manager. Composition, Term, Eligibility, Removal. Clarify the word “his” with “City Manager’s” 7 401(b) Powers and Duties. Replace budget “annually” with “as required by this Charter” to transition to a biennial budget. 8 601 Biennial Budget, Preparation by the City Manager. Replace “Director of Finance” with the updated title of “Chief Financial Officer”. Transition from an annual budget to a biennial budget starting in FY2026-2028. 338 9 602 Biennial Budget. Submission to the City Council. Transition from an annual budget to a biennial budget starting in FY2026-2028. 10 603 Biennial Budget. Public Hearing. Transition from an annual budget to a biennial budget starting in FY2026-2028. 11 604 Biennial Budget. Further Consideration and Adoption. Replace “Director of Finance” with the updated title of “Chief Financial Officer”. Transition from an annual budget to a biennial budget starting in FY2026-2028. 12 605 Biennial Budget. Appropriations. Transition from an annual budget to a biennial budget starting in FY2026-2028. 13 801 Definitions. Remove 801(e) to espouse gender-neutral language. 14 804 Charter Review. 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. Following adoption of the Resolutions, the City will prepare an impartial analysis for each measure and gather arguments and rebuttals. Please note the following timelines for all items to be submitted to the City Clerk’s Office, should the Council approve the recommended action tonight: Timeline for Impartial Analysis and Written Arguments City Council Meeting / Call for Election Due Date for Impartial Analyses and Written Arguments Tuesday, October 17, 2023 Wednesday, November 1, 2023 Timeline for Rebuttal Arguments Written Arguments Submitted Due Date for Rebuttals Wednesday, November 1, 2023 Monday, November 13, 2023 If the City Council does not approve the Recommended Action tonight, the final regular meeting date that the City Council can call for an election and submit all required election materials by the ROV’s final filing deadlines is November 21, 2023. 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: Not applicable. This item is an administrative or operational item. For details, visit www.huntingtonbeachca.gov/strategicplan. Attachment(s): 1. Resolution 2023-42 - A Resolution of the City Council of the City of Huntington Beach, California, Calling for the Holding of a Special Municipal Election to be held on Tuesday, March 5, 2024, for the Submission to the Voters Questions Relating to City Charter Amendments 2. Resolution 2023-43 - A Resolution of the City Council of the City of Huntington Beach, California, Requesting the Board of Supervisors of the County of Orange to Consolidate a Special Municipal 339 Election to be held on March 5, 2024, with the Statewide Primary Election to be held on the Date Pursuant to § 10403 of the Elections Code 3. Resolution 2023-44 - A Resolution of the City Council of the City of Huntington Beach, California, Setting Priorities for Filing Written Arguments Regarding City Measures and Directing the City Attorney to Prepare Impartial Analyses 4. Resolution 2023-45 - A Resolution of the City Council of the City of Huntington Beach, California, Providing for the Filing of Rebuttal Arguments for City Measures Submitted at Municipal Elections 5. Redline of Proposed Charter Amendments for Mea sures Nos. 1, 2, and 3 6. PDF version of this report 7. Presentation 340 Charter Amendment Ballot Measures October 17, 2023 341 _..::-"----- --------=-_--=--= ---=--=---- -....,-~----~ -----~---~ --....::._ --------=;::---~ --=-~=--=- •Consider 3 proposed amendments for March 2024 ballot •Examine language and exhibits •Adopt 4 Resolutions •2023-042 –Call for Special Municipal Election •2023-043 –Request the County Board of Supervisors consolidate special municipal election with Statewide Primary •2023-043 –Priorities for filing written arguments and impartial analysis •2023-044 –Filing of rebuttal arguments •Appropriate Funding •$459,628 from General Funds •Dissolve Charter Review Ad Hoc Committee 342 Charter Amendment No. 1 ​Shallproposed Charter Amendment No. 1,which provides that commencing in 2026,for all municipal elections,the City: may require Voter ID for elections;provide more in-person voting locations;and monitor ballot drop boxes,be approved? ​YES ​NO 343 Charter Amendment No. 2 ​Shallproposed Charter Amendment No. 2,which provides that the only flags to be displayed by the City on City property are the United States Flag,the County of Orange Flag,the City of Huntington Beach Flag,the POW-MIA Flag,the six Armed Forces Flags,the Olympic Flag during the Summer Olympic Games,and any other flag if authorized by a unanimous vote of the City Council, be approved? ​YES ​NO 344 Charter Amendment No. 3 ​Shallproposed Charter Amendment No. 3 to:commencing in 2026,require the City to adopt a two-year budget;update the procedures to cancel a regular City Council meeting;update the process to fill a City Council vacancy;and amend outdated phrases,syntax,dates, pronouns, and titles be approved? ​YES ​NO 345 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-879 MEETING DATE:10/17/2023 Subject: Submitted by Mayor Pro Tem Van Der Mark - Consider Adoption of Resolution No. 2023-41 establishing a policy for the review and recataloging of library materials containing sexual content Recommended Action: I request the City Council consider adopting Resolution No. 2023-41 to establish a policy for the review and recataloging of library materials containing sexual content (Attachment #2). Attachment(s): 1. Van Der Mark - Council Member Item Report 2. Revised Resolution No. 2023-41 3. Resolution No. 2023-41 City of Huntington Beach Printed on 10/13/2023Page 1 of 1 powered by Legistar™346 CITY OF HUNTINGTON BEACH CITY COUNCIL MEETING – COUNCIL MEMBER ITEMS REPORT TO: CITY COUNCIL FROM: GRACEY VAN DER MARK, MAYOR PRO TEM DATE: OCTOBER 17, 2023 SUBJECT: CONSIDER ADOPTING RESOLUTION NO. 2023-41 TO ESTABLISH A POLICY FOR THE REVIEW AND RECATALOGING OF LIBRARY MATERIALS CONTAINING SEXUAL CONTENT ISSUE STATEMENT On June 20, 2023, I brought forth a Council Member Item report requesting to make obscene and/or pornographic materials in the Huntington Beach Public Library (HBPL) system unavailable to minors. I also requested a policy for procurement that includes new screening protocols for future materials intended for children and yet to be acquired by the HBPL be screened for obscenity and/or pornography. To implement this, I ask the City Council to consider proposed Resolution No. 2023-41. If adopted, the policies in the Resolution would be in place along with consideration of policies proposed by staff during the October 17 study session and considered by the City Council in the future. RECOMMENDED ACTION I request the City Council consider adopting Resolution No. 2023-41 to establish a policy for the review and recataloging of library materials containing sexual content. STRATEGIC PLAN GOAL Not applicable. 347 348 RESOLUTION NO. 2023-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING A POLICY FOR CHILDREN'S LIBRARY MATERIALS CONTAINING SEXUAL CONTENT WHEREAS, the City Council has observed that there are some children's books and other materials in the City's libraries that contain sexual writings, explicit sexual references, explicit sexual images, and other sexual content, and views and considers much of this "obscene" and/or "pornographic;" and WHEREAS, "obscenity" is defined as material appealing to prurient interests, portraying sexual content in a patently offensive way without serious literary, aitistic, political, or scientific value and "pornography" is commonly defined as the depiction of erotic behavior intended to cause sexual excitement; and WHEREAS, the City Council is concerned that some of the children's books and other materials ("books and "other materials"" also includes any digital content and/or online content) in the City's libraries contain sexual content that is viewed by the community as obscene and/or pornographic; and WHEREAS, those books and other materials containing sexual content are presently readily available to children without any parental involvement or requirement for parental involvement; and WHEREAS, the City Council seeks to protect our community's children by necessarily involving parental oversight and participation regarding children's access to obscene, pornographic, or sexual content in books and other materials at or from the City libraries; and WHEREAS, the City libraries are funded by taxpayers from the community and children's books and other materials are necessarily procured by taxpayer funds; and WHEREAS, the content of books and other materials are generally judged by "community standards" per Miller v. California (1973) 413 U.S. 15; NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: 1. Children's Accessibility to Library Books: a. No City Library or other City facility shall allow children ready access to books and other materials that contain any content of sexual nature. Books and other materials containing any sexual writings, sexual references, explicit sexual images, and any other sexual content shall not be placed in, or be present in, any section of any City Library or facility other than adult section(s), i.e., those areas/shelves designated for 18-years or older. b . Parental or guardian consent will be required before accessing or checking out any book or other material that contains any sexual writing, sexual references, sexual images, and/or other sexual content by anyone under 18-years of age, whether the books or materials are intended for children or adults. 23-12647/321065 349 RESOLUTION NO. 2023-41 2. Procurement of New Books and Materials Required to Meet Community Standards: a. No City Library or other City facility shall procure (children's) books or materials containing any sexual writing, sexual references, sexual images, and/or other sexual content that are intended for children without first receiving the approval of a community parent/guardian review board. b. A community parent/guardian review board shall be established, comprised of up to twenty-one (21) adult community members, each Council Member appointing three (3) to review all proposed or new children's books and other materials procured by the City Libraries or City Librarians that may contain sexual content before the books or materials are placed in the City Libraries or facilities. c. This community parent/guardian review board shall meet at least twice a year, and more if necessary, to review children's books recommended to the City Libraries to determine by majority vote if the books and materials meet the community standards of acceptance for the City of Huntington Beach. If recommended books or materials do not meet the City's community standards of acceptance, they may be rejected by vote of the community parent/guardian review board. d. The community parent/guardian review board may also recommend books or other materials currently in circulation at City Libraries be subject to the same review process on a case-by-case basis. Should the community parent/guardian review board find a book or material currently in circulation does not meet community standards, it shall be placed in the adult section and subject to parental and guardian consent before being checked out by anyone under the age of 18. e. This section does not modify the requirement in Section 1 of this Resolution that any book containing sexual content be placed in the adult section and require parental or guardian consent for children to access. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the ___ day of __________ , 20 __ ATTESTED: City Clerk Mayor Mayor Pro Tempore APPROVED A FORM: 23-12647/321065 350 RESOLUTION NO. 2023-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING A POLICY FOR THE REVI , AND RECATOLOGING OF LIBRARY MATERIALS CONTAINING SEXUAL CO TENT WHEREAS, the City Council has observed that there are some children' books and other materials in the City's libraries that contain sexual writings, explicit se al references, explicit sexual images, and other sexual content, and views and considers , ch of this "obscene" and/or "pornographic;" and WHEREAS, "obscenity" is defined as material appealing to , rurient interests, portraying sexual content in a patently offensive way without serious literarx artistic, political, or scientific value and "pornography" is commonly defined as the depictio f erotic behavior intended to cause sexual excitement; and WHEREAS, the City Council is concerned that s , me of the children's books and other materials ("books and "other materials"" also include any digital content and/or online content) in the City's libraries contain sexual content that is 1ewed by the community as obscene and/or pornographic; and WHEREAS, those books and other , terials containing sexual content are presently readily available to children without any ental involvement or requirement for parental involvement; and WHEREAS, the City Coun9b seeks to protect our community's children by necessarily involving parental oversight and articipation regarding children's access to obscene, pornographic, or sexual conten n books and other materials at or from the City libraries; and WHEREAS, the Ci libraries are funded by taxpayers from the community and children's books and oth materials are necessarily procured by taxpayer funds; and WHEREAS, e content of books and other materials are generally judged by "community stand as" per Miller v. California (1973) 413 U.S. 15; EREFORE, the City Council of the City of Huntington Beach does hereby resolve as fo ows: 1. 'ldren's Accessibility to Library Books: No City Library or other City facility shall allow children ready access to books and other materials that contain any content of sexual nature. Books and other materials containing any sexual writings, sexual references, explicit sexual images, and any other sexual content shall not be placed in, or be present in, any section of any City Library or facility other than adult section(s), i.e., those areas/shelves designated for 18-years or older. b. Parental or guardian consent will be required before accessing or checking out any book or other material that contains any sexual writing, sexual references, sexual images, and/or other sexual content by anyone under 18-years of age, whether the books or materials are intended for children or adults. 23-12647/321000 351 RESOLUTION NO. 2023-41 2. Procurement of New Books and Materials Required to Meet Community Standards : a. No City Library or other City facility shall procure (childr en 's) books or mat rials containing any sexual writing, sexual references , sexual images, and/or oll , r sexual content that are intended for children without first receiving the a proval of a community parent/guardian review board. / b. A community parent/guardian review board shall be established , co;n prised of up to twenty-one (21) adult community members, each Council Mcryr6 er appointing three (3) to review all proposed or new children 's books and ot /e r materials procured by the City Libraries or City Librarians that may co tain sexual content before the books or materials are placed in the City Librari s or facilities. c. This community parent/guardian review board shall mee at least twice a year, and more if necessary, to review children's books re~co mended to the City Libraries to dete1mine by majority vote if the books , d materials meet the community standards of acceptance for the City o ' untington Beach. If recommended books or materials do not meet t City's community standards of acceptance, they may be rejected by vote of tl • community parent/guardian review board. d . The community parent/guardian review b rd may also recommend books or other materials cunently in circulation City Libraries be subject to the same review process on a case-by-case basi . Should the community parent/guardian review board find a book or materi ql currently in circulation does not meet community standards, it shall be pfa ced in the adult section and subject to parental and guardian consent before be· {g checked out by anyone under the age or 18. e . T his section does not modify ,fi e requirement in Section 1 of this Resolution that any book containing sexual , ontent be placed in the adult section and require parental or guardian cons t for children to access. the City Council of the City of Huntington Beach at a regular meeting thereof held on t ___ day of __________ , 20 __ ATTESTED: City Clerk Mayor Mayor Pro Tempore 23-12647/321000 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-894 MEETING DATE:10/17/2023 Subject: Submitted by Mayor Pro Tem Van Der Mark - Adopt Resolution No. 2023-50 in Support of Israel and Condemning the Attacks on Israel by Hamas Recommended Action: The City Council adopt the attached Resolution stating that the City publicly declares support for Israel, condemns the barbaric attacks on Israel by Hamas, publicly expresses sympathy for those Israelis who are suffering and dying at the hands of Hamas, and that the City publicly calls for an immediate end to the war. Attachment(s): 1. Van Der Mark - Councilmember Item Report 2. Resolution No. 2023-50 City of Huntington Beach Printed on 10/12/2023Page 1 of 1 powered by Legistar™352   CITY OF HUNTINGTON BEACH CITY COUNCIL MEETING – COUNCIL MEMBER ITEMS REPORT    TO: CITY COUNCIL    FROM: GRACEY VAN DER MARK, MAYOR PRO TEM       DATE: OCTOBER 17, 2023    SUBJECT: ADOPT RESOLUTION NO. 2023‐50 IN SUPPORT OF ISRAEL AND CONDEMNING THE  ATTACKS ON ISRAEL BY HAMAS      ISSUE STATEMENT  On October 7, 2023, the known middle‐east terrorist group, Hamas, launched a significant unprovoked  surprise attack against the state of Israel.  Israel is a long‐time ally of the United States and in recent years  has engaged neighboring countries in the Middle East to work to establish peace and ongoing working  relations.       It has been widely reported that the Hamas attack on Israel has so far resulted in approximately 2,000  people being killed, nearly 3,000 others being injured, and hundreds taken hostage by Hamas. Over 50  children have been killed, some were beheaded.  Among the dead are at least 14 American citizens and  an undetermined number of people who have been taken hostage by Hamas.    According to ABCNews reports, as Israelis were wrapping up the seven‐day‐long Jewish festival of Sukkot  on Saturday, sirens echoed across the country just before dawn, and citizens soon realized it was not a  false alarm. A full‐fledged surprise attack was being waged from the air, sea and ground by hordes of  Hamas militants. Thousands of missiles fired from Gaza streaked through the sky and began raining down  on indiscriminate targets in Israel, sparking terror and leaving hundreds of bodies in the streets of cities  and buildings decimated. Simultaneously, hundreds of armed fighters of the terrorist group, many on  motorcycles, followed bulldozers that breached fences separating Israel from Gaza and charged into  cities, taking Israeli soldiers off guard and gunning down citizens.    This barbaric attack on Israel and the intolerable death and destruction by Hamas should be condemned  by every person, every country, and every government around the world.  To that end, this City Council  too should make the City's position known.     RECOMMENDED ACTION  The City Council adopt the attached Resolution stating that the City publicly declares support for Israel,  condemns the barbaric attacks on Israel by Hamas, publicly expresses sympathy for those Israelis who are  suffering and dying at the hands of Hamas, and that the City publicly calls for an immediate end to the  war.     STRATEGIC PLAN GOAL  Not Applicable  353 354 RESOLUTION NO. 2023-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH IN SUPPORT OF ISRAEL WHEREAS, on October 7, 2023 , during the seven-day festival of Sukkot and the sacred Jewish holiday of Shmini Atzeret, Hamas terrorists launched a coordinated unprovoked surprise attack on Israel causing widespread death and destruction; WHEREAS, Hamas's barbaric attacks have so far resulted in the deaths of approximately 2,000 peopl e, including over fifty children, some of whom were beheaded , the wounding of thousands of innocent Israelis, Americans , and others, and the capture of hundreds of civilians; WHEREAS , Hamas has ki ll ed at least fourteen American citizens and is holding an undetermined number of Americans hostage in Gaza; WHEREAS, a full-fledged surprise attack has been waged from the air, sea, and ground by hoards ofHamas militants ; and, thousands of missiles have been fir e d from Gaza streaked through the sky and began raining down on indiscriminate targets in Israel, sparking tenor and leav ing hundreds of bodies in the streets of cities and buildings decimated ; WHEREAS , this is the mo s t significant attack on Israel since the Yorn Kippur War fifty years ago; and WHEREAS, the United States of America is an ally oflsrael and has p ledged support for Israe l and it s efforts to defend itsel f and its citizens, NOW, THEREFORE, the City Council of the City of Huntingto n Beach does hereby resolve as follows: 1. That the City publicly declares support for Israel , 2. That the City condemns Hamas for the horrifying attack on Israel, and 3. That the City publicly expresses sympathy for those I sraelis who are suffering, dying, or being he ld ho stage. PASSED AND ADOPTED by the City Council of the C ity of Huntington Beach at a regular m eeting thereof held on the ___ day of __________ , 20 __ INITIATED AND APPROVED: APPROVED AS TO FORM: Mayor Mayor Pro Tempore :.J-11588/3:20998