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HomeMy WebLinkAbout2023-10-05 Special 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 Thursday, October 5, 2023 Special Meeting Council Chambers 2000 Main Street Huntington Beach, CA 92648MAYOR 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 AGENDA October 5, 2023City Council/Public Financing Authority 6:00 PM – COUNCIL CHAMBERS CALL TO ORDER ROLL CALL Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, Burns 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. 23-8131.Huntington Beach Police and Fire Chaplain James Pike ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS (90-Second Time Limit) At this time, the City Council will receive comments from members of the public regarding the discussion of potential charter amendments for the March 5, 2024, Statewide Primary Election . 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 90 seconds 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. ADMINISTRATIVE ITEMS 23-8442.City Council discussion for potential Charter amendments to be considered for the March 5, 2024 Statewide Primary Election. Recommended Action: Page 1 of 2 AGENDA October 5, 2023City Council/Public Financing Authority A)Consider the proposed Charter amendments and provide direction on bundling on one or more Charter amendments for placement on the March 5, 2024 Special Election ballot, and B)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. PUBLIC COMMENTS (90-Second Time Limit) At this time, the City Council will receive comments from members of the public regarding the discussion of potential charter amendments for the March 5, 2024, Statewide Primary Election . 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 90 seconds unless the volume of speakers warrants reducing the time allowance. ADJOURNMENT 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 Page 2 of 2 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-813 MEETING DATE:10/5/2023 Huntington Beach Police and Fire Chaplain James Pike City of Huntington Beach Printed on 10/4/2023Page 1 of 1 powered by Legistar™ City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-844 MEETING DATE:10/5/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Al Zelinka, City Manager VIA: Travis K. Hopkins, Assistant City Manager PREPARED BY:Shannon Levin, Council Policy Analyst Subject: City Council discussion for potential Charter amendments to be considered for the March 5,2024 Statewide Primary Election. Statement of Issue: Note:A PDF Version of this report is attached,in the event that the tables and images do not display properly on the reader’s screen. On September 5,2023,City Council authorized four Special Meetings scheduled on September 14, 21,28 and October 5 to gather public feedback and consider potential Charter amendments.During the first meeting,City Council received public feedback and requested impact analyses for potential amendments,including those proposed by the Ad Hoc Committee and staff.On September 21, Council Members deliberated on several amendments that were previously proposed,while adding new amendments and requesting impact analyses on each one.On September 28,Council Members discussed several proposed amendments and took straw votes to either table the items or move items forward for further discussion on October 5. Following Council deliberation on all amendments,Council may approve proposed language and Charter amendments to identify those that could be placed on the March 5,2024 Special Election ballot. Financial Impact: On September 5,2023,staff provided initial estimates to place the three initially proposed ballot measures on the March 2024 Primary Election.After conducting additional research and conferring in depth with the Orange County Registrar of Voters (ROV),the staff is providing a closer estimate as follows: City of Huntington Beach Printed on 10/4/2023Page 1 of 14 powered by Legistar™ File #:23-844 MEETING DATE:10/5/2023 Cost for March 2024 Ballot Measures Range Includes Consolidated Election $318, 928 $383,128 Cost of the consolidated election, postage for vote by mail ballot returns, cost recovery for the purchase of any new election equipment. 3 Ballot Measures (as discussed on 9/5/23) $51,000 $76,500 Based on the number of pages required for each measure at $8,500 per 2 pages and 3,000 words (the range on the left is based on 4-6 pages per measure. Total $369,928 $459,628 1.Cost to hold a special election:$318,928 to $383,128.The final cost will depend on several factors incl. the number of cities participating and sharing in the total election costs. 2.Cost per measure:$17,000 to $25,500 each.The cost depends on the number of pages needed to print each measure on the ballot,which includes ballot language,the revisions, impartial analyses,arguments for/against,rebuttals.Last year’s measures were around 5 pages each. Recommended Action: A)Consider the proposed Charter amendments and provide direction on bundling on one or more Charter amendments for placement on the March 5, 2024 Special Election ballot, and B)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. Alternative Action(s): Do not approve one or more of the recommended actions; direct staff accordingly. Analysis: During the September 28 Special Meeting,City Council cast straw votes to consider Charter amendments and requested staff return with proposed language and additional analyses for City of Huntington Beach Printed on 10/4/2023Page 2 of 14 powered by Legistar™ File #:23-844 MEETING DATE:10/5/2023 consideration. Following tonight’s Council deliberation, at the October 17, 2023 City Council meeting: ·Staff will bring forth bundled amendments and exhibits for final review; and ·City Council may approve resolution(s) to place Charter amendments on the ballot; and ·City Council may select authors to create arguments. 1. Section 303. MEETINGS AND LOCATION. Recommended by the Ad Hoc Committee on 8/1/23. Preliminary Operational Analysis: Per the Charter, City Council must hold meetings at least twice per month. However, meetings cannot be held without a quorum, as governed by the California Brown Act. The amendment references this quorum to clarify this exception to the two-meeting rule. The amendment also permits the Mayor or majority of Council Members to cancel meetings. As part of this amendment, the City Council could consider outlining the circumstances or limiting the number of cancelations per year in an ordinance, resolution, or the Council Manual for greater clarity. Preliminary Fiscal Analysis: There are no known fiscal impacts associated with this amendment. On September 28, 2023, Councilmember Kalmick proposed an addition of the language to secure the holding of at least one meeting per month so that the Council meets regularly to conduct the people’s business and avoid potentially frequent meeting cancellations. The City Council agreed via straw vote (7/0) to approve the proposed amendment with suggested minor changes. 2. Section 312. VACANCIES FORFEITURES AND REPLACEMENT. Recommended by Mayor Strickland. (The following language was placed on the November 2022 General Election ballot and serves as an City of Huntington Beach Printed on 10/4/2023Page 3 of 14 powered by Legistar™ Section 303. lVIEETI 1GS Al\TD LOCATIO · . a Regular ::vieetings, The City Coun cil shall hold regular meetings at lea st tw ice e ach month., u n le ss .it lacks a quomm or the medillZ is c anceled by th e Mayor or a m a jority of City Council Members. at such time as it shall fix by ordi.t1a11 ce or re so lu tion. Iu no e vent shall the City Council m eet le ss than on c e e ach month, ftflEi. The City Com1cil may adjoum or re -adjoum any regular meetmg to a date and hour certa in which shall b e sp ec ified in th e order of adjmmunent and , hen so adjourned e ach adjotm1ed meet ing shall be a regular meeting for aU purpos e s. If th e ho ur to w h ich a meeting is adj oumed is n ot sta ted in th e order of adjournment. c;uch meeting shall be h eld at the hour for holding regular meetings. If at any time any regular meeting fall s on a holiday such regular meeting sha ll be held on the next busi.t1e ss day. File #:23-844 MEETING DATE:10/5/2023 (The following language was placed on the November 2022 General Election ballot and serves as an example. The City Attorney’s Office will need to provide final language, following Council discussion.) Preliminary Operational Analysis: The proposed amendment adds requirements to fill a City Council vacancy by requiring at least four affirmative votes (and not a simple majority of the seated Council Members at that time). This proposed amendment would establish that such appointees would fill the vacancy only until the next general municipal election, when the local electorate may vote for a candidate to permanently fill the remainder of the unexpired term for that position. If the appointment occurs after the filing deadline for the next general municipal election, the seat is deemed vacant. Upon certification of the general municipal election, the newly seated City Council will be charged with filling the vacancy by appointment or election. This amendment is not expected to result in any significant operational impacts. Preliminary Fiscal Analysis: This amendment will yield some additional costs to fill the vacancy via an election. However, it is not anticipated to result in significant financial impacts. City of Huntington Beach Printed on 10/4/2023Page 4 of 14 powered by Legistar™ ""Section 312. VA(ANGES, FO RFEITURES AND REPLACEMENT. (a) Vacancies. A v.acanc y in the City Council o r in an y other office designated as electi v e by this C-ha rt er , fro m w hate v er cause ar is ing , shall b e f ille dl by a pp ointm ent by the City Co uncil 'With at least four affirmative votes . (b ) Foneitum•. If a m emb er of the City Co uncil is ab sent fro m all regular m eetings of the City Council fo r a p eri od of thirty consec utiv e day s fro m and after the last re g ular City Cou ncil m eeti ng attended by such memb er , unless by p er mission of the City Cou ncil exp ressed in its official minute-s , the· o.ffice shall b eco m e v acanL If an elected City offic er p leads ,g uilty o r no c o ntest to or is co m, icted of a felon y or an y cri me of m oral tur p itu d e. o.r ceases to b e an elector of the City . the off ice shall b eco m e v ac.anL The City Council shall d eclare the ex istence of such v acanc y _ An y electi v e office r of the· City w ho shall acce pt or reta.in .an y ot her electi v e p ub lic office , exce pt as p ro v ided in this Charter, shall b e· dee med there by to hawe v acated' the off ice under t he City Gov ern m ent_ {c ) Replacement. In the ev ent it the· City Council shall fail to fill a v acanc y by app ointm ent w ithin si xt y day s after such office shall b eco me v ac'ant the City Council shall forth w ith cause an election to b e held to fill such v acanc y for the re ma ind er of the une xp ire d term _ If the City Council fills the vacancy by appointment. such appointee shall hold office until an election to fil l the remainder of the une·xpired term at the next general municipal election. Should the appoinmrnnt occur after the filing deadline for the next general municipal election. the seat shall be deemed vacant upon the1 certification of the general municipal election . and the vacancy shall be-filled i n accordance INith Sections 3 12ja) and 312{c)." File #:23-844 MEETING DATE:10/5/2023 3. Section 313. NEPOTISM. Recommended by Council Member Bolton. Preliminary Operational Analysis: A review of regional charter cities, as it relates to the nepotism policies in their charters is below. Orange County Charter Cities Section on Nepotism Anaheim, Los Alamitos, Newport Beach, Seal Beach Their charter language mirror Huntington Beach’s, with minor variations. Please note - These cities do not have elected department heads; as such, they do not specifically prohibit Council from appointing relatives of elected department heads or other offers with appointive powers. Irvine, Santa Ana Their charters briefly mention a prohibition on nepotism and calls for the use of other governing policies (i.e. personnel rules) to outline the details. Buena Park, Cypress, Placentia No nepotism language in their charters. LA County Charter Cities Section on Nepotism Glendale, Long Beach, Los Angeles, Pasadena No nepotism language in their charters. City of Huntington Beach Printed on 10/4/2023Page 5 of 14 powered by Legistar™ NEPOTI SJ\11 Section 313. CONFL ICT OF L TERESI _ TEPOTISJ\11. a) Conflict of Int e1·est . The City Council sh all adopt or approve rules an d regulatiom r egulating conflicts of intere st and pro m oting fair dealing in all City business . b) l\'epotism . The City Council shall no t appoint to a salaried posit ion wider the City government any person who is a relative by blood or marriage within t11e t hird degre e of any one or more o f th e m embers of su ch City Co uncil. or any elected dep a1truent h ead. nor shaH the City Manager or any department he ad or other officer ha.,--ing appointive power appoint any relative of such person or of an y Council member or any elected d epaitmen t h ead. ,vithin such d egree to any such position . Thi., provis i on shall not affect the employmen t or promotional status of a person who has at tained a salarie d position with tl1 e C ity prior to the existence of a situa t ion con tem p lated by this provision ; hmve.-e r, Council m em bers or o ffice1·s with appo intive powers in such a <:.itua tion shal l disqualify themsel v es fro m all d ec isions affecting the emp loyment and promotional s tahis of such person. File #:23-844 MEETING DATE:10/5/2023 Orange County CharterCities Section on NepotismAnaheim, Los Alamitos,Newport Beach, SealBeach Their charter language mirror Huntington Beach’s, with minor variations.Please note - These cities do not have elected department heads; as such,they do not specifically prohibit Council from appointing relatives of electeddepartment heads or other offers with appointive powers.Irvine, Santa Ana Their charters briefly mention a prohibition on nepotism and calls for the use ofother governing policies (i.e. personnel rules) to outline the details. Buena Park, Cypress, Placentia No nepotism language in their charters. LA County Charter Cities Section on Nepotism Glendale, Long Beach, Los Angeles, Pasadena No nepotism language in their charters. Huntington Beach provides details on its anti-nepotism policy in other authorizing documents (see below).However,they do not specifically prohibit the City Council from appointing relatives of elected department heads and other officers with appointive powers.A legal analysis would be required to determine if such a prohibition must be included in the Charter or can be included in other sources of authority: Source of Authority Details Personnel Rules 16-2 and 16-3 - Persons related by blood or marriage within the third degree* cannot report to the same supervisor or supervise one another. - Such persons cannot be in positions where one has access to privileged or confidential information that should not be accessible to the other. Administrative Regulation 411 - An appointing authority cannot appoint an immediate family member of the City Manager, Department Head, or Personnel Director to a paid temporary or permanent position. - An employee cannot be moved to a position within the direct line of supervision of a relative; these relatives cannot have the same immediate supervisor. *The term “third degree”is the same as "immediate family”(relative),which includes an individual related by blood,adoption or marriage,e.g.spouse,parent,child,sibling,sibling/children-in-law, grandparent, grandchild, uncle/aunt, nephew/niece, stepparent/child/sibling, half-sibling. This item was discussed on September 28,2023 and clarified that the proposed changes to this Chater section would prohibit the appointment of any relative within the third degree of any elected or appointed official in order to fill a vacancy of an elected position or other officer with appointive powers. Preliminary Fiscal Analysis: There are no known fiscal impacts at this time. 4.Section 401(b)and Sections 601-605.Related to Biennial Budget.Recommended by the Ad Hoc Committee on 8/1/23. City of Huntington Beach Printed on 10/4/2023Page 6 of 14 powered by Legistar™ File #:23-844 MEETING DATE:10/5/2023 City of Huntington Beach Printed on 10/4/2023Page 7 of 14 powered by Legistar™ Section 401. POWERS AND DUTIES. Except as othetwise provided in this Charter, the City Manager shall be responsible to the City Council for the proper administration of all affairs of the C ity. Without limi ting this general grant of powers and responsibilities, the City Manager shall have the power and be required to: (a) Appoint, promote, demote, suspend or remove department heads, officers and employees of the City except electi ve officers and the Chief of Police. T he Chief of Police shall not be appointed or removed until the City Manager shall firs t have reviewed such appointment or removal with the C i ty Council and have received approval for such appointment or removal by a majority vote of the full City Council. (b) Prepare the budget as required by this Charter annually, submit it to the City Council, and be responsible for its administration upon adoption. u ,P P RATl Y TH lTY M A R. h da t as th ity dep I furni h t l ally or throu Chi er timat e 'P n ·uing tw . by the ·ng th 1hcr \\I sor nd may re is m ac i • le. At I · e y tim to which uch publi hearing shall from tim to time b adj y II h Id a public hcari g on th prop d budg t, t hich int r tcd t hall be gi n ·uch pportunily. D t the concl ion of th public h · th r on id r the sed bu d make any r ision on th ay of th al II ad b I t t a majority II ct he c · · tyM byth I n hall r ail able for File #:23-844 MEETING DATE:10/5/2023 Preliminary Operational Analysis: The amendments would transition the City from an annual to a biennial budget, starting in Fiscal Years 2026-2028. There is precedence for two-year budgets in Orange County; half of the 10 largest cities in Orange County (not including Huntington Beach) utilize biennial budgets. There are also known advantages and disadvantages of a biennial budget. Advantages may include reduced staff time from undertaking an intensive six-month budgeting process every year. It also encourages the City to plan strategically and longer term, particularly for larger projects and initiatives. Disadvantages may include longer range forecasting of revenues and expenditures further into the future; and more extensive budget amendments or mid-cycle reviews and adjustments that may potentially eliminate time savings in year 2. The Chief Financial Officer is supportive of a biennial budget. However, there will be operational impacts from implementing process changes that require updates to budget forms and document pages to account for the second year; updates to the accounting software; staff training; a new format for the mid-cycle update and adjustments; and criteria and process to carryover funds between years 1 and 2. The Finance Department would likely need to begin after the approval of this Amendment in order to kick off the budget planning season starting Fall 2025, while simultaneously developing the remaining annual budgets for FY 2024-25 and FY 2025-26. Lastly, the amendment proposes one administrative change to retitle the Finance Director to Chief Financial Officer, which is the title used commonly today and matched with the City’s organizational chart. Preliminary Fiscal Analysis: The primary fiscal impacts will be the hours of staff time required to implement the process changes across all 12 City departments, conduct public engagement on this major change, and potential costs to make changes to the City’s accounting software. The required staff hours will not be known until a plan is identified to transition the budget. On September 28, 2023, the City Council agreed via straw vote (7/0) with the biennial budget cycle City of Huntington Beach Printed on 10/4/2023Page 8 of 14 powered by Legistar™ public inspection. The budget so certified shall be reproduced and copies made available for the use of the pub! ic and of departments, offices and agencies of the City. Section 605. BIENNIAL ANN+J.Ab 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. File #:23-844 MEETING DATE:10/5/2023 On September 28,2023,the City Council agreed via straw vote (7/0)with the biennial budget cycle but continue further discussion on October 5. 5.Section 612.PUBLIC UTILITIES AND PARKS AND BEACHES (Measure C).Recommended by Ad Hoc Committee on 8/1/23. The language of the proposed amendments to Section 612 are separately listed in Attachment 1- Proposed Changes to Charter Section 612.Public Utilities and Parks and Beaches (Measure C) due to length. Note that there are two recommendations for Section 612 (Attachment 1): 5a. Ad Hoc Committee Recommendation 5b. Staff Recommendation Preliminary Operational Analysis: Section 612,also known as Measure C,was a voter initiative that was approved by voters during the November 1990 General Election and was incorporated into the Charter thereafter.Measure C requires majority voter approval on matters involving the following, with some exemptions: ·Sale, lease, transfer or exchange of park and beach lands in Huntington Beach ·Construction of certain private and public developments on these lands This proposed amendment would add to the list of current exemptions:public restrooms under a certain size,above ground public works utility structures under a certain size,new playground facilities or equipment in parks;and replacement playground facilities or equipment under certain sizes. These amendments would permit staff to provide these amenities without the added cost of a ballot measure,which would facilitate the process to provide public review earlier,and ultimately deliver projects to the public at an accelerated rate. Recommendations from City staff Based on staff experience working on public projects within the guidelines of Measure C,a few recommendations are listed for consideration: ·Amend Section 612(a) to: 1)remove the dollar threshold ($161,000 adjusted for CPI)that triggers Measure C,as most projects exceed that value today or 2)It is important to note that projects complete an environmental review according to CEQA would still be required;conceptual design,all design documents,construction documents,and environmental review will still be prepared and presented to the public and City Council for a thorough review. Project construction would be contingent only after obtaining approvals for all items. ·Amend Section 612(a)to clearly define “structure”and its minimum square footage,as it is not defined in the Charter.Determine if structure also includes flatwork such as pickleball and other sports courts.This would clear up ambiguity about which projects qualify under Measure C. ·Amend Section 612(c)to add public restrooms as an exempted project;remove any square foot thresholds,as many projects such as restrooms and public works utilities exceed 3,000 square feet. An additional consideration is the subsequent development of an ordinance,upon approval of City of Huntington Beach Printed on 10/4/2023Page 9 of 14 powered by Legistar™ File #:23-844 MEETING DATE:10/5/2023 An additional consideration is the subsequent development of an ordinance,upon approval of suggested changes,to strengthen the parameters of Measure C based on categories defined in the Parks Master Plan.The Charter language would provide the "upper limits”of Measure C with an ordinance possibly providing tighter parameters. Preliminary Fiscal Analysis: Currently,Measure C requires the City to produce a “shovel ready project”by completing a conceptual design,all design documents,construction documents,and pertinent environmental studies,prior to placing a park or beach project on a ballot measure.The cost of each component may vary significantly (upwards of a million dollars)and often take on a percentage of the final total project cost.For the purposes of a general fiscal analysis,the average cost,per acre,of each phase of the project is listed below,and includes additional data for an anticipated 6%increase in costs in 2024: Project Phase Average Per Acre Cost (2023) Average Per Acre Cost 6% Escalation (2024) Conceptual Design $5,340 5,661 Design Cost $13,949 $14,786 Construction Documents $44,463 $47,131 Construction $508,390 $538,893 Playgrounds average $110 per square foot in 2023,and $117 per square foot in 2024,with the anticipated 6% escalation in costs. This estimate does not include any costs to place the project on a ballot measure,which is an added cost. On September 28,2023,the City Council agreed via straw vote (7/0)with updated Measure C language and continue further discussion on October 5. 6.Sections 702 and 705 (NEW).Recommended by the Ad Hoc Committee on 8/1/23,and staff recommendations 9/10/23. City of Huntington Beach Printed on 10/4/2023Page 10 of 14 powered by Legistar™ File #:23-844 MEETING DATE:10/5/2023 Preliminary Operational Analysis Per the Ad Hoc Committee, the amendment envisions that the City would implement the proposed changes while still consolidating elections with the County Registrar of Voters (ROV). In this scenario and with the current number of registered voters, the ROV would continue to provide eight ballot drop box locations with vote by mail (VBM) options, three 11-day in-person Vote Centers at major City facilities, and ten 4-day in person Vote Centers at both local and smaller city facilities. The minimum number of Vote Centers is predetermined by an Elections Code formula and identified in the County’s Election Administration Plan which will be updated in 2025. However, the City would need to provide poll voters to verify id, request an additional 10 Vote Centers and install video cameras to monitor the drop boxes. The City has inquired with the ROV about whether the County would allow City poll workers to conduct voter id verification at the County’s Vote Center and whether the County would consider providing additional Vote Centers above and beyond what it provides now. On September 20, the ROV stated that it cannot comment on these proposals. City of Huntington Beach Printed on 10/4/2023Page 11 of 14 powered by Legistar™ Section 702. PRO CEDURE FOR HOLDING ELECTIO S. All elections shall b e h eld .in accordance \\·itl1 the provisions of the Elections Code of the S tate of California . as the same now exists or hereafter may b e amended. for the holding of m unicipal elections, so far as the same are not 111 conflict with this. Charter . hi th e e-v ent of s.u cb confli ct. the provisions of this Chmter shall ontrol a nd preYail. in accordance vvith Section 03 of this Chatter. Secti on 705. SPECL\.L PROYISIO S RELATIN G TO 1\/IUNICIPAL ELECTIONS As .in Section 300. the City Chader shall detem1ine the t em1 of the City· s elective officers. th e lenr2:th of t enu. and th e election cyde in which the ele ction for thos e office s occur for the City's elective offic ers. (a Be2m1iin2 in 20_6, for aH municipal elections: (1) • Elec:tor· means a person who is a Unite d States citizen 18 years of a ge m olde r. and a 1·e si dent of the City on or b e fore the day of an election .. . _;) TI1 e Ci ty may shall Yerifv the. elir2:ibility of Elect01's by -vot ei· i dentification. (3) TI1e City may ro provide at le ast 20 ADA c ompliant residential votine loca tion::; for in-person votf11 2 d is persed e-v enly throucl1out the City. m additi on to any City fa c ility votin 2 locations . (4) The City may 4£tll monitor ballot drop boxe s located within the City for complianc e with all applicable 1m.vs . File #:23-844 MEETING DATE:10/5/2023 In the event the ROV does not accept the City’s proposal and does not consolidate elections,staff has conducted a very preliminary cost analysis for one City standalone election.The initial startup cost for items such as equipment is $664K -858K;the recurring or operating costs to hold each election is $689K -$832K,with the estimated total cost of 2026 stand-alone local election for Huntington Beach to be $1.35 -$1.69 million.This is based on figures from other municipalities that have recently conducted standalone elections but scaled for Huntington Beach and its number of registered voters. Preliminary Fiscal Analysis Should the City eventually obtain an affirmative response from the County,the amendment would require the City to consider the following costs related to this amendment. The City would need to provide poll workers at each ROV Vote Center to verify voter identification; this would likely require recruitment costs,training and hourly wages at a rough cost estimate of $69,000. Regarding the cost of the additional ten 4-day in-person Vote Centers that will help achieve the total 20 residential voting locations described in the amendment -the ROV did not provide a cost estimate.The ROV stated that it is not their practice to bill jurisdictions on a Vote Center by Vote Center basis.If they are authorized by the County to provide the additional Vote Centers,the cost would be billed proportionately to all participating jurisdictions based on a formula that takes the number of voters per jurisdiction into account. This cost cannot be known at this time. Regarding drop box monitoring,the City may be able to install 24-hour video cameras on buildings within proximity to each drop box.If a building is located on private property,staff would need to negotiate an agreement to mount a video camera on the property.At this time,one firm offers video monitoring for approximately $2,500 per location including camera equipment and installation for 24- hour access.Based on that,the City would anticipate incurring at least $20,000 plus additional unknown cost related to the agreements.The City was advised by the ROV to further consult with the City Attorney regarding the legality of local monitoring of ballot drop boxes. On September 28,2023,the City Council agreed via straw vote (4-3,Kalmick,Moser,Bolton -No)to move forward with the recommended amendment but with the following changes: ·Change reference from ”shall” to ”may” in both Sections 702 and 705 ·In Section 705, add ”Beginning in 2026...” ·In Section 705,amend it to state ”20 ADA compliant voting locations”and take out ”residential” from the Section. 7. Section 806. Display of Flags. Recommended by the Ad Hoc Committee on 8/1/23. City of Huntington Beach Printed on 10/4/2023Page 12 of 14 powered by Legistar™ File #:23-844 MEETING DATE:10/5/2023 Preliminary Operational Analysis: There are no known operational impacts at this time. It should be noted that the amendment allows the City to fly additional flags not listed in the proposed amendment, if it is authorized by unanimous vote of the City Council. Comments by City Councilmembers include the requirement for unanimous vote whereas there are no other Charter sections require unanimous votes, this Charter section would disallow for any cultural or national flags to be displayed at the libraries, and this proposed amendment should have a stand-alone measure if it goes to the March primary ballot. On September 28, 2023, the City Council agreed via straw vote (4/3, Kalmick, Moser, Bolton - No) to move forward with the recommended amendment. Preliminary Fiscal Analysis: At this time there are no known fiscal impacts. 8. Charter amendments from Measure L (2022) with exclusions.Recommended by Council Member Kalmick The language of the proposed amendments are listed separately in Attachment 2 - Proposed Changes from Measure L, 2002, with Exclusions, due to their length. Amendments related to Section 312 (Vacancy), 612 (Measure C) have been removed as they are being considered by City Council as separate amendments. Preliminary Operational Analysis: Measure L proposed both substantive and non-substantive amendments. Amendments to Sections 300, 303, 304, 306, 311, 312, 400, 601, 604, 801 are non-substantive in that they clarify or update language in the Charter regarding outdated phrases, syntax, dates, pronouns and titles. For example, Section 300 updates the election years to be more current and rephrases the term “casting of lots” to a “random drawing” for clarity. Section 303 updates the Charter to allow the use of “current technology” to distribute notices, changes the words “executive session” to “closed session” because closed session is the current City of Huntington Beach Printed on 10/4/2023Page 13 of 14 powered by Legistar™ xcept a · otherwise provided herein, the ity shall only fly or display at or on any of the i 's ,ro erties the followin fl s: the American fla • the POW/MIA fla the tate of Califomia flag, the Huntington Beach City flag, the Cotmty of Orange flag , or any of the flags of the six branches of service: the Army, Navy, Air Force, Coast Guard , farine Corps, and pace Force. During the Summer Olympic ames , the Mayoi: is authorized to order the display of the official OJ m ic fla s for four week rior to the dates of the ames and for u to two weeks thereafter. The Citv may display anv other flag in addition to those already enum rated, but only if authorized b a unanimous vote of all members of the Cit Council. File #:23-844 MEETING DATE:10/5/2023 vernacular as well as clarify the process of adjourning City Council meetings. 303(c)312(c)400(d)and 801(e)replace pronouns “he”or “it”with “person”or the title being referred to and 311(d)601,and 604 replaces “Director of Finance”with the updated title of “Chief Financial Officer”. One substantive amendment is in Section 804 which would require City Council to consider a Charter review at least every ten years,starting after the last review conducted by a Committee, Council or staff.This would require additional staffing support to organize but does not pose a significant operating impact. On September 28,2023,the City Council also agreed via straw vote to move forward with the recommended amendment except the provision of changing the title of Mayor Pro Tempore to Vice Mayor in Section 306 from Measure L and keep the title of Mayor Pro Tempore as it currently stands. Staff recommendation: All other inconsistencies in language and titles within the Charter shall be included for correction in this amendment should it be approved by the City Council. Preliminary Fiscal Analysis: There are no known fiscal impacts at this time. Environmental Status: Pursuant to CEQA Guidelines Section 15378(b)(5),administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a project. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Proposed Changes to Charter Section 612. Public Utilities and Parks and Beaches (Measure C) 2. Proposed Changes from Measure L, 2022, with Exclusions 3. PDF Version of RCA 4. Charter Proposals 5. Communications City of Huntington Beach Printed on 10/4/2023Page 14 of 14 powered by Legistar™ Attachment 1 – Proposed Changes to Charter Section 612. Public Utilities and Parks and Beaches (Measure C) Attachment 1 1 of 4 5a. Ad Hoc Committee Recommendation Section 612. PUBLIC UTILITIES AND PARKS AND BEACHES. (a) No public utility or park or beach or portion thereof now o r hereafter owned or operated by the City shall be sold, leased, exchanged or otherwise transfened or disposed of unless authorized by the affi rmative votes of at least a majority of the total membership of the City Council and by the affirmative vote of al least a majority of the electors voting on such prnposition at a general or special election at which such proposition is submitted. (b) No golf course, driving range, road, building over three thousand square feet in floor area nor structure costing more than $161,000.00 may be bui lt on or in any park or beach or portion thereof now or hereafter owned or operated by the City unless authorized by the affirmative votes of at least a majority of the total membership of the Ci ty Council and by the affim1ative vote of at least a majority of the electors voting on s uc h proposition at a general or special election at which such proposition is submitted after the appropriate environmental assessment, conceptual cost estima te, and reasonable project description has been completed a nd w idely di sseminated to the publ ic. Effective January I, 2011, and each year thereafter, the maximum cost will be adj usted by the Consumer Price lndex for the Los Angeles-Ri verside- Orange County area. (c) Section 6 l 2(a) and 612(b) shall not apply; (I) to librar ies or piers; (2) to any lease, franchise, concession agreement or o ther contract where; -the contract is to perform an act or p rovide a service in a public park or beach AND -such act was being perfom1ed o r service provided at the same locat ion p rior to January 1, 1989 AND -the proposed lease, franchise, concession agreement or o the r contract would no t increase the am ount of park land or beach dedicated to or used by the party perfom1ing such act or providing such service. (3) to aboveground public works ut ility structures or public restrooms under 6,000 ~ square feet; (4) to underground pu blic works ut ili ty structures if park or beach use is n ot impeded; (5) to any public works construction, maintenance or repair mandated by state or fe d eral law th at does n ot n egatively impact recreational oppo1tunit ies; ef (6) to renewable energy p rojects that do not negatively impact recreational opp011unitieSs;_QI (7) to new chi ldre n 's playground facil ities or equipment in any park: or to rep lacement c h ildren's playground facilities or e q uipment in any park or beach . provided that the square footage of such replacement children 's playground facil ities or equipment is not increased by more than 100% during any ten year period. (d) Jfany section, subsection, pa11, subpm1, paragraph, clause or phrase of this amendment, or any amendment or revision of this amendment, is for any r eason held to be i11va lid or unconstituti onal, th e remaini n g sections, su bsections, pa11s, subparts, paragraphs, clauses or phrases shall not be affected but shall remain in full force and effect. Attachment 1 – Proposed Changes to Charter Section 612. Public Utilities and Parks and Beaches (Measure C) Attachment 1 2 of 4 5b. Staff Recommendation Staff Redline Version Current Language Proposed Language (a) No public utility or park or beach or portion thereof now or hereafter owned or operated by the City shall be sold, leased, exchanged or otherwise transferred or disposed of unless authorized by the affirmative votes of at least a majority of the total membership of the City Council and by the affirmative vote of at least a majority of the electors voting on such proposition at a general or special election at which such proposition is submitted. (1) An exception to the above would include parks owned either by a public utility or school district or leases between the City and a private entity as part of a private/public partnership agreement wherein the City receives a portion of the revenue generated as approved by a majority of the City Council. (b) No golf course, driving range, road, building over three thousand square feet in floor area nor structure costing more than $161,000.00 may be built on or in any park or beach or portion thereof now or hereafter owned or operated by the City unless authorized by the affirmative votes of at least a majority of the total membership of the City Council and by the affirmative vote of at least a majority of the electors voting on such proposition at a general or special election at which such proposition is submitted after the appropriate environmental assessment, conceptual cost estimate, and reasonable project description has been completed and widely disseminated to the public. (b) No golf course, driving range, road, building exceeding a ten thousand square foot footprint may be built on or in any park or beach or portion thereof now or hereafter owned or operated by the City unless authorized by an affirmative 6/7 vote of the total membership of the City Council and by the affirmative vote of at least a majority of the electors voting on such proposition at a general or special election at which such proposition is submitted after completion of (1) an Environmental review under California Environmental Quality Act (CEQA) (2) a conceptual site plan/Schematic Design defined by the American Institute of Architects as a general overview of a Attachment 1 – Proposed Changes to Charter Section 612. Public Utilities and Parks and Beaches (Measure C) Attachment 1 3 of 4 Effective January 1, 2011, and each year thereafter, the maximum cost will be adjusted by the Consumer Price Index for the Los Angeles-Riverside-Orange County area. project’s basic features and construction cost estimates, and (3) a reasonable project description which have been widely disseminated to the public. (c) Section 612(a) and 612(b) shall not apply; (1) to libraries or piers; (1) to libraries,piers, restrooms, playgrounds or other recreational park amenities such as, but not limited to: sport courts, pump tracks, sports fields, skate parks, concession stands, or picnic tables and benches that are typically used on a drop-in bases, during regular park hours. (2) to any lease, franchise, concession agreement or other contract where; - the contract is to perform an act or provide a service in a public park or beach AND - such act was being performed or service provided at the same location prior to January 1, 1989 AND - the proposed lease, franchise, concession agreement or other contract would not increase the amount of parkland or beach dedicated to or used by the party performing such act or providing such service. - the proposed lease, franchise, concession agreement or other contract would not increase the amount of parkland or beach dedicated to or used by the party performing such act or providing such service Unless the increase or additional feature/expansion is for the benefit of the community and does not impede or impact any existing or future park or beach usage and such increase is approved by an affirmative 6/7 vote of the City Council. - Exception: that any additional feature/expansion would be allowed provided it is temporary in nature, and Attachment 1 – Proposed Changes to Charter Section 612. Public Utilities and Parks and Beaches (Measure C) Attachment 1 4 of 4 does not impede any other existing park or beach usage (example: extension of patio on open space vs. Removal of an existing park amenity to allow for extended use). Such use will be evaluated at the end of each lease term. (3) to aboveground public works utility structures under 3,000 square feet; (3) to aboveground public works utility structures under 10,000 square feet; (4) to underground public works utility structures if park or beach use is not impeded; (5) to any public works construction, maintenance or repair mandated by state or federal law that does not negatively impact recreational opportunities; or (5) to any public works construction, maintenance or repair mandated by state or federal law ; or (6) to renewable energy projects that do not negatively impact recreational opportunities. (6) to renewable energy projects that do not negatively impact recreational opportunities. (7) To any publicly owned or leased building used by the community for recreational purposes that changes its scope of use (example: a concession building changes to a community center) when such change is approved by an affirmative 6/7 vote of the City Council. (d) If any section, subsection, part, subpart, paragraph, clause or phrase of this amendment, or any amendment or revision of this amendment, is for any reason held to be invalid or unconstitutional, the remaining sections, subsections, parts, subparts, paragraphs, clauses or phrases shall not be affected but shall remain in full force and effect. 20 2 2 M E AS U R E L Se c t i o n 3 0 0 . C I T Y C O U N C I L , A T T O R N E Y , C L E R K A N D T R E A S U R E R . T E R M S . T h e el e c t i v e o f f i c e r s o f t h e C i t y s h a l l c o n s i s t o f a C i t y C o u n c i l o f s e v e n m e m b e r s , a C i t y C l e r k , a Ci t y T r e a s u r e r a n d a C i t y A t t o r n e y , a l l t o b e e l e c t e d f r o m t h e C i t y a t l a r g e a t t h e t i m e s a n d i n t h e ma n n e r p r o v i d e d i n t h i s C h a r t e r a n d w h o s h a l l s e r v e f or t e r m s o f f o u r y e a r s a n d u n t i l t h e i r re s p e c t i v e s u c c e s s o r s q u a l i f y . S u b j e c t t o t h e p r o v i s i o n s o f t h i s C h a r t e r , t h e m e m b e r s o f t h e C i t y Co u n c i l i n o f f i c e a t t h e t i m e t h i s C h a r t e r t a k e s e f f e c t s h a l l c o n t i n u e i n o f f i c e u n t i l t h e e x p i r a t i o n of t h e i r r e s p e c t i ve t e r m s a n d u n t i l t h e i r s u c c e s s o r s a r e e l e c t e d a n d q u a l i f i e d . Co n s i s t e n t w i t h t h e st a g g e r e d e l e c t i o n p r o c e s s e s t a b l i s h e d i n t h e n e w C h a r t e r i n 1 9 6 6 a n d r e a f f i r m e d i n 2 0 2 2 , fou r me m b e r s o f t h e C i t y C o u n c i l s h a l l b e e l e c t e d a t t h e g e n e r a l m u n i c i p a l e l e c t i o n he l d i n 19 6 6 20 2 2 , a n d e a c h f o u r t h y e a r t h e r e a f t e r . T h r e e m e m b e r s o f t h e C i t y C o u n c i l s h a l l b e e l e c t e d a t t h e ge n e r a l m u n i c i p a l e l e c t i o n h e l d i n 19 6 8 20 2 4 , a n d e a c h f o u r t h y e a r t h e r e a f t e r . N o p e r s o n s h a l l b e el e c t e d a s a m e m b e r o f t h e C i t y C o u n c i l f o r m o r e t h a n t w o c o n s e c u t i v e t e r m s a n d n o p e r s o n w h o ha s b e e n a m e m b e r f o r m o r e t h a n t w o y e a r s o f a t e r m t o w h i c h s o m e o t h e r p e r s o n w a s e l e c t e d a me m b e r s h a l l b e e l e c t e d t o t h e C i t y C o u n c i l m o r e t h a n o n e f u r t h e r c o n s e c u t i v e t e r m . S u b j e c t t o th e p r o v i s i o n s o f t h i s C h a r t e r , t h e C i t y C l e r k , C i t y T r e a s u r e r a n d C i t y A t t o r n e y i n o f f i c e a t t h e ti m e t h i s C h a r t e r t a k e s e f f e c t s h a l l c o n t i n u e i n o f f i c e u n t i l t h e e x p i r a t i o n o f t h e i r r e s p e c t i v e t e r m s an d t h e q u a l i f i c a t i o n o f t h e i r s u c c e s s o r s . Co n s i s t e n t w i t h t h e s t a g g e r e d e l e ct i o n p r o c e s s es t a b l i s h e d i n t h e n e w C h a r t e r i n 1 9 6 6 a n d r e a f f i r m e d i n 2 0 2 2 , a Ci t y C l e r k a n d C i t y T r e a s u r e r sh a l l b e e l e c t e d a t t h e g e n e r a l m u n i c i p a l e l e c t i o n h e l d i n 19 6 8 20 2 4 , a n d e a c h f o u r t h y e a r th e r e a f t e r . A C i t y A t t o r n e y s h a l l b e e l e c t e d i n 19 6 6 20 2 2, a n d e a c h f o u r t h y e a r t h e r e a f t e r . Th e t e r m o f e a c h m e m b e r o f t h e C i t y C o u n c i l , t h e C i t y C l e r k , t h e C i t y T r e a s u r e r a n d t h e C i t y At t o r n e y s h a l l c o m m e n c e o n t h e f i r s t Mo n d a y re g u l a r C i t y C o u n c i l m e e t i n g fo l l o w i n g t h e ce r t i f i c a t i o n o f t h e e l e c t i o n . T i e s i n vo t i n g a m o n g c a n d i d a t e s f o r o f f i c e s h a l l b e s e t t l e d b y th e ca s t i n g o f l o t s ra n d o m d r a w i n g p r o c e s s c o n d u c t e d b y t h e C i t y M a n a g e r d u r i n g t h e f i r s t r e g u l a r Ci t y C o u n c i l m e e t i n g f o l l o w i n g t h e c e r t i f i c a t i o n . If n o c a n d i d a t e m e e t s t h e q u a l i f i c a t i o n s f o r o f f i c e of t h e C i t y C l e r k , C i t y T r e a s u r e r , o r C i t y At t o r n e y , t h e C i t y C o u n c i l s h a l l f i l l t h a t p o s i t i o n b y a p p o i n t m e n t u n t i l t h e n e x t m u n i c i p a l g e n e r a l el e c t i o n i n w h i c h a q u a l i f i e d c a n d i d a t e i s e l e c t e d . Se c t i o n 3 0 3 . M E E T I N G S A N D L O C A T I O N . (a ) Re g u l a r M e e t i n g s . T he C i t y C o u n c i l s h a l l h o l d r e g u l a r m e e t i n g s a t l e a s t t w i c e e a c h mo n t h , u n l e s s i t l a c k s a q u o r u m o r i s c a n c e l e d b y t h e M a y o r o r a m a j o r i t y o f C i t y C o u n c i l Me m b e r s , at s u c h t i m e a s i t s h a l l f i x b y o r d i n a n c e o r r e s o l u t i o n a n d m a y a d j o u r n or r e -ad j o u r n an y r e g ul a r m e e t i n g t o a d a t e a n d h o u r c e r t a i n w h i c h s h a l l b e s p e c i f i e d i n t h e o r d e r o f ad j o u r n m e n t . an d w h e n s o a d j o u r n e d Eac h re -ad j o u r n e d m e e t i n g s h a l l b e a r e g u l a r m e e t i n g f o r al l p u r p o s e s . If t h e h o u r t o w h i c h a m e e t i n g i s a d j o u r n e d i s n o t s t a t e d i n t h e o r d e r o f ad j o u r n m e n t , s u c h m e e t i n g s h a l l b e h e l d a t t h e h o u r f o r h o l d i n g r e g u l a r m e e t i n g s . If a t a n y t i m e an y r e g u l a r m e e t i n g f a l l s o n a h o l i d a y s u c h r e g u l a r m e e t i n g s h a l l b e h e l d o n t h e n e x t b u s i n e s s da y . At t a c h m e n t 2 - P r o p o s e d C h a n g e s f r o m M e a s u r e L , 2 0 2 2 , w i t h E x c l u s i o n s 1 i I I I I (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. 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. 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. Attachment 2- Proposed Changes from Measure L, 2022, with Exclusions 2 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. 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 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 601. ANNUAL BUDGET, PREPARATION BY THE CITY MANAGER. At such date as the City Manager shall determine, each board or commission and each department head shall furnish to the City Manager, personally, or through the Director of Finance Chief Financial Officer, estimates of the department's, board's or commission's revenue and expenditures for the ensuing fiscal year, detailed in such manner as may be prescribed by the City Manager. In preparing the proposed budget, the City Manager shall review the estimates, hold conferences thereon with the respective department heads, boards or commissions as necessary, and may revise the estimates as may be deemed advisable. Section 604. ANNUAL BUDGET. FURTHER CONSIDERATION AND ADOPTION. At the conclusion of the public hearing the City Council shall further consider the proposed budget and make any revisions thereof that it may deem advisable and on or before the last day of the fiscal year it shall adopt the budget with revisions, if any, by the affirmative vote of at least a majority of the total members of the Council. Upon final adoption, the budget shall be in effect for the ensuing fiscal year. Copies thereof, certified by the City Clerk, shall be filed with the City Manager, 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 Attachment 2- Proposed Changes from Measure L, 2022, with Exclusions 3 budget so certified shall be reproduced and copies made available for the use of the public and of departments, offices and agencies of the City. Section 801. DEFINITIONS. Unless the provisions or the context otherwise requires, as used in this Charter: (a)"Shall" is mandatory, and "may" is permissive. (b)"City" is the City of Huntington Beach and "department," "board," "commission," "agency," "officer," or "employee" is a department, board, commission, agency, officer or employee, as the case may be, of the City of Huntington Beach. (c)"County" is the County of Orange. (d)"State" is the State of California. (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 2- Proposed Changes from Measure L, 2022, with Exclusions 4 1 of 13 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Al Zelinka, City Manager VIA: Travis K. Hopkins, Assistant City Manager PREPARED BY: Shannon Levin, Council Policy Analyst Subject: ..title City Council discussion for potential Charter amendments to be considered for the March 5, 2024 Statewide Primary Election. ..body Statement of Issue: Note: A PDF Version of this report is attached, in the event that the tables and images do not display properly on the reader’s screen. On September 5, 2023, City Council authorized four Special Meetings scheduled on September 14, 21, 28 and October 5 to gather public feedback and consider potential Charter amendments. During the first meeting, City Council received public feedback and requested impact analyses for potential amendments, including those proposed by the Ad Hoc Committee and staff. On September 21, Council Members deliberated on several amendments that were previously proposed, while adding new amendments and requesting impact analyses on each one. On September 28, Council Members discussed several proposed amendments and took straw votes to either table the items or move items forward for discussion on October 5. Following Council deliberation on all amendments, Council may approve proposed language and Charter amendments to identify those that could be placed on the March 5, 2024 Special Election ballot. Financial Impact: On September 5, 2023, staff provided initial estimates to place the three initially proposed ballot measures on the March 2024 Primary Election. After conducting additional research and conferring in depth with the Orange County Registrar of Voters (ROV), the staff is providing a closer estimate as follows: 2 of 13 Cost for March 2024 Ballot Measures Range Includes Consolidated Election $318, 928 $383,128 Cost of the consolidated election, postage for vote by mail ballot returns, cost recovery for the purchase of any new election equipment. 3 Ballot Measures (as discussed on 9/5/23) $51,000 $76,500 Based on the number of pages required for each measure at $8,500 per 2 pages and 3,000 words (the range on the left is based on 4-6 pages per measure. Total $369,928 $459,628 1. Cost to hold a special election: $318,928 to $383,128. The final cost will depend on several factors incl. the number of cities participating and sharing in the total election costs. 2. Cost per measure: $17,000 to $25,500 each. The cost depends on the number of pages needed to print each measure on the ballot, which includes ballot language, the revisions, impartial analyses, arguments for/against, rebuttals. Last year’s measures were around 5 pages each. Recommended Action: ..recommendation A) Consider the proposed Charter amendments and provide direction on bundling on one or more Charter amendments for placement on the March 5, 2024 Special Election ballot, and B) 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. ..end Alternative Action(s): Do not approve one or more of the recommended actions; direct staff accordingly. Analysis: During the September 28 Special Meeting, City Council cast straw votes to consider Charter amendments and requested staff return with proposed language and additional analyses for consideration. Following tonight’s Council deliberation, at the October 17, 2023 City Council meeting: • Staff will bring forth bundled amendments and exhibits for final review; and 3 of 13 • City Council may approve resolution(s) to place Charter amendments on the ballot; and • City Council may select authors to create arguments. 1. Section 303. MEETINGS AND LOCATION. Recommended by the Ad Hoc Committee on 8/1/23. Preliminary Operational Analysis: Per the Charter, City Council must hold meetings at least twice per month. However, meetings cannot be held without a quorum, as governed by the California Brown Act. The amendment references this quorum to clarify this exception to the two-meeting rule. The amendment also permits the Mayor or majority of Council Members to cancel meetings. As part of this amendment, the City Council could consider outlining the circumstances or limiting the number of cancelations per year in an ordinance, resolution, or the Council Manual for greater clarity. Preliminary Fiscal Analysis: There are no known fiscal impacts associated with this amendment. On September 28, 2023, Councilmember Kalmick proposed an addition of the language to secure the holding of at least one meeting per month so that the Council meets regularly to conduct the people’s business and avoid potentially frequent meeting cancellations. The City Council agreed via straw vote (7/0) to approve the proposed amendment with suggested minor changes. 2. Section 312. VACANCIES FORFEITURES AND REPLACEMENT. Recommended by Mayor Strickland. (The following language was placed on the November 2022 General Election ballot and serves as an example. The City Attorney’s Office will need to provide final language, following Council discussion.) S ection 303. 1IEETI JT G S AND LO C ATIO . (a) Regala r M eetings .. The City Council shall hold regular m eetings at least hv ic e each month. unless it lacks a quorum or the me eti.ne: is cancel ed by the Mayo r or a ma]orit y of City Council M embers . at such tune as it shall fix by ordinance or reso lu tion . In no event shall the City Council m eet le ss than once each month . fl:fld The City Council may adjourn or re -adjourn any r egular meeting to a date and hour cer tain which shall b e p ecified in the order of adjournment and w hen so adjourned each adjomne d meetmg shall b e a r e gular meeting for a ll purpos e s .. If the h our to w hich a m eeting is adjoumed is not stated in the order of adj omnment, such m eeting sha ll b e h eld at the hour for holding re gular m eetings . If at any time any r egular m eeting falls on a holiday such regular me et ing shall be held on the next busines s clay . 4 of 13 Preliminary Operational Analysis: The proposed amendment adds requirements to fill a City Council vacancy by requiring at least four affirmative votes (and not a simple majority of the seated Council Members at that time). This proposed amendment would establish that such appointees would fill the vacancy only until the next general municipal election, when the local electorate may vote for a candidate to permanently fill the remainder of the unexpired term for that position. If the appointment occurs after the filing deadline for the next general municipal election, the seat is deemed vacant. Upon certification of the general municipal election, the newly seated City Council will be charged with filling the vacancy by appointment or election. This amendment is not expected to result in any significant operational impacts. Preliminary Fiscal Analysis: This amendment will yield some additional costs to fill the vacancy via an election. However, it is not anticipated to result in significant financial impacts. ""Section 312. VAiCANiCIE.S, FO RFlE ITU RES AND REPLACEMENT. (a) Vacandes. A v ac anc y in tJhe Oity Cou nc il or in arn y other off ice des ig nat ed as electii v e by tihis Ohart er , fro m w hate v er c aus e ar is in g , shall b e f ii led by app ointm ent by tJhe Oity Counc il with at least four affirmative votes. (b ) Foneiture·. If a m em b er of t1he Oity Counc il is ab se nt fro m all regu lar m eetii ngs of tih e C ity Counc il for a p eriod of tJhi rt y consecut1iv e day s fro m and af ter t1he last regu lar City Counc il m ee t1in 9 attend ed by such m em b er , un less by p er m i ss .ion of tJhe Oi t y Counc il exp ressed in its offic ial m in utes , tJhe off ice shall b ec o m e v acant If an elected Oit y off ic er p l eads gu ilty or no co nt es t to or is co nv icted of a felony or any cri m e of m ora l turp itude , or ceases to b e an elec tor of bhe Oity , bhe office s hall b eco m e v acant. Th e Oity Cou ncil s hall declare t1he eXJ istence of su o h v acanc y . An y elect1iv e off icer of bhe Oity w ho s hall acce pt or reta in any obher elec biv e p ub li c off ice , exc ept as p ro v ided in t1his Oh art.er , s hall b e dee m ed tihere by to hav e v acated ti he off ice under ti he Oity Go v ern m ent. {c ) ~eplacement. In tihe ev ent it the• City Council shall fail to fill a v ac.a nc y by app o intm en t w itih in s ix ty day s after such off ic e sha ll b eco m e v acan t , bhe Oity Cou nc il shall fortih w ibh cause an electiion to b e hel•d to fill suc h v acanc y for ti he re m ain der of t1he unexp ired te rm . 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).' 5 of 13 3. Section 313. NEPOTISM. Recommended by Council Member Bolton. Preliminary Operational Analysis: A review of regional charter cities, as it relates to the nepotism policies in their charters is below. Orange County Charter Cities Section on Nepotism Anaheim, Los Alamitos, Newport Beach, Seal Beach Their charter language mirror Huntington Beach’s, with minor variations. Please note - These cities do not have elected department heads; as such, they do not specifically prohibit Council from appointing relatives of elected department heads or other offers with appointive powers. Irvine, Santa Ana Their charters briefly mention a prohibition on nepotism and calls for the use of other governing policies (i.e. personnel rules) to outline the details. Buena Park, Cypress, Placentia No nepotism language in their charters. LA County Charter Cities Section on Nepotism Glendale, Long Beach, Los Angeles, Pasadena No nepotism language in their charters. Huntington Beach provides details on its anti-nepotism policy in other authorizing documents (see below). However, they do not specifically prohibit the City Council from appointing relatives of elected department heads and other officers with appointive powers. A legal analysis would be required to determine if such a prohibition must be included in the Charter or can be included in other sources of authority: NEPOTISM S ection 313 . CONFLICT OF I 1 TERES T NEPOTISM . · a) C onflfrt of Interest . T he City Council shall adop t or approve rules and regulations r egulating c onflicts of in t er es t and promot ing fai r dealing in all City bu siness . · b) Jepotism . The Ci ty Council sha U no t appoint to a salaried position unde r t he City govemment any p erson \\'·ho is a relative by blood or ma1Tiag e within th e third d egre e o f any one or more of th e m em ber of such City Co uncil , or any elected dep artment h ead. nor shall the City Manager or any de partm ent he ad or other offic er havi.ng appointive pov. er appoint any relativ e of such p erson or of any Council m emb er or any el ecte d dep a11m en t h ead . within su ch d egr ee to any such position . Th is provision shall not affect the employment or promotional status of a p erson who has attained a salarie d position vv i th the C ity prior to the existe nce of a sit uation contem p lated by this provis ion ; however, Council m em be rs or offi cers ,:\ ith appo intive powers in such a situa tion shaH disqualify themselves from all decisions affec.ting the employme nt and promotional t atus o f suc h p erson . 6 of 13 Source of Authority Details Personnel Rules 16-2 and 16-3 - Persons related by blood or marriage within the third degree* cannot report to the same supervisor or supervise one another. - Such persons cannot be in positions where one has access to privileged or confidential information that should not be accessible to the other. Administrative Regulation 411 - An appointing authority cannot appoint an immediate family member of the City Manager, Department Head, or Personnel Director to a paid temporary or permanent position. - An employee cannot be moved to a position within the direct line of supervision of a relative; these relatives cannot have the same immediate supervisor. * The term “third degree” is the same as "immediate family” (relative), which includes an individual related by blood, adoption or marriage, e.g. spouse, parent, child, sibling, sibling/children-in-law, grandparent, grandchild, uncle/aunt, nephew/niece, stepparent/child/sibling, half-sibling. This item was discussed on Septmber 28, 2023 and clarified that the proposed changes to this Chater section would prohibit the appointment of any relative within the third degree of any elected or appointed official in order to fill a vacancy of an elected position or other officer with appointive powers. Preliminary Fiscal Analysis: There are no known fiscal impacts at this time. 4. Section 401(b) and Sections 601-605. Related to Biennial Budget. Recommended by the Ad Hoc Committee on 8/1/23. Section 401. POWERS AND DUTIES. Except as otheiwise provided in this Charter, the City Manager shall be responsible to the City Council for the proper administration of all affairs of the C ity. Without limiting this general grant of powers and responsibi lities, the City Manager shall have the power and be required to: (a) Appoint, promote, demote, suspend or remove department heads, officers and employees of the City except elective officers and the Chief of Police. The Chief of Police shall not be appointed or removed until the City Manager shall firs t have reviewed such appointment or removal with the C ity Council and have received approval for such appointment or removal by a majority vote of the fu]l City Council. (b) Prepare the budget as required by this Cha11er annually, submit it to the City Council, and be responsible for its administration upon adoption. 7 of 13 Preliminary Operational Analysis: The amendments would transition the City from an annual to a biennial budget, starting in Fiscal Years 2026-2028. There is precedence for two-year budgets in Orange County; half of the 10 largest cities lion 60 I. Bl • IAI. U B D E , PR P RA Tl Y TH lTY M AGER . t uch da t as the ity Manager hall dctcnninc, ch b rd or commission and each de · h to the ity Mana ally or through th Ji.ffiaR~bltfeef1EH' th depart ard r commis ion' u and t al . · ma b pre cri cd by · ger shall r icw the lhe r head , boards or ise th ti t d em d ad . t th time so adverti r a · n tim to which uch publ ic hearing shall from tim to tim be adj urned th ily ounc il hall h lcl a public hearing on th prop d budg t t which int r stcd per ons d iring to h ard ·hall be gi n ·uc h pportunity. D At the concl ion of th public h th ity ouncil hall furth r c n id r the sed bu 1d make an r ision f that it m advi able and on re th f th al yea ·th if affi ot a majority o · n udg t shall t c cnsui i hall b t an +'ii~~~Fee-lef ==..:..:.:==:.:...:=:== ·r th t further hall I be a ailablc for public inspection. The budget so certified shall be reproduced and copies made available for the use o f the public and of departments, offices and agencies of the City. Section 605. BIENNIAL ANNUAb BUDGET APPROPRIATIONS. From the effective date of the budget, the several amounts stated therein as proposed expcnditw-es shall be and become approp1iated to th 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. 8 of 13 in Orange County (not including Huntington Beach) utilize biennial budgets. There are also known advantages and disadvantages of a biennial budget. Advantages may include reduced staff time from undertaking an intensive six-month budgeting process every year. It also encourages the City to plan strategically and longer term, particularly for larger projects and initiatives. Disadvantages may include longer range forecasting of revenues and expenditures further into the future; and more extensive budget amendments or mid-cycle reviews and adjustments that may potentially eliminate time savings in year 2. The Chief Financial Officer is supportive of a biennial budget. However, there will be operational impacts from implementing process changes that require updates to budget forms and document pages to account for the second year; updates to the accounting software; staff training; a new format for the mid-cycle update and adjustments; and criteria and process to carryover funds between years 1 and 2. The Finance Department would likely need to begin after the approval of this Amendment in order to kick off the budget planning season starting Fall 2025, while simultaneously developing the remaining annual budgets for FY 2024-25 and FY 2025-26. Lastly, the amendment proposes one administrative change to retitle the Finance Director to Chief Financial Officer, which is the title used commonly today and matched with the City’s organizational chart. Preliminary Fiscal Analysis: The primary fiscal impacts will be the hours of staff time required to implement the process changes across all 12 City departments, conduct public engagement on this major change, and potential costs to make changes to the City’s accounting software. The required staff hours will not be known until a plan is identified to transition the budget. On September 28, 2023, the City Council agreed via straw vote (7/0) with the biennial budget cycle but continue further discussion on October 5. 5. Section 612. PUBLIC UTILITIES AND PARKS AND BEACHES (Measure C). Recommended by Ad Hoc Committee on 8/1/23. The language of the proposed amendments to Section 612 are separately listed in Attachment 1- Proposed Changes to Charter Section 612. Public Utilities and Parks and Beaches (Measure C) due to length. Note that there are two recommendations for Section 612 (Attachment 1): 5a. Ad Hoc Committee Recommendation 5b. Staff Recommendation Preliminary Operational Analysis: Section 612, also known as Measure C, was a voter initiative that was approved by voters during the November 1990 General Election and was incorporated into the Charter thereafter. Measure C requires majority voter approval on matters involving the following, with some exemptions: • Sale, lease, transfer or exchange of park and beach lands in Huntington Beach 9 of 13 • Construction of certain private and public developments on these lands This proposed amendment would add to the list of current exemptions: public restrooms under a certain size, above ground public works utility structures under a certain size, new playground facilities or equipment in parks; and replacement playground facilities or equipment under certain sizes. These amendments would permit staff to provide these amenities without the added cost of a ballot measure, which would facilitate the process to provide public review earlier, and ultimately deliver projects to the public at an accelerated rate. Recommendations from City staff Based on staff experience working on public projects within the guidelines of Measure C, a few recommendations are listed for consideration: • Amend Section 612(a) to: 1) remove the dollar threshold ($161,000 adjusted for CPI) that triggers Measure C, as most projects exceed that value today or 2) It is important to note that projects complete an environmental review according to CEQA would still be required; conceptual design, all design documents, construction documents, and environmental review will still be prepared and presented to the public and City Council for a thorough review. Project construction would be contingent only after obtaining approvals for all items. • Amend Section 612(a) to clearly define “structure” and its minimum square footage, as it is not defined in the Charter. Determine if structure also includes flatwork such as pickleball and other sports courts. This would clear up ambiguity about which projects qualify under Measure C. • Amend Section 612(c) to add public restrooms as an exempted project; remove any square foot thresholds, as many projects such as restrooms and public works utilities exceed 3,000 square feet. An additional consideration is the subsequent development of an ordinance, upon approval of suggested changes, to strengthen the parameters of Measure C based on categories defined in the Parks Master Plan. The Charter language would provide the "upper limits” of Measure C with an ordinance possibly providing tighter parameters. Preliminary Fiscal Analysis: Currently, Measure C requires the City to produce a “shovel ready project” by completing a conceptual design, all design documents, construction documents, and pertinent environmental studies, prior to placing a park or beach project on a ballot measure. The cost of each component may vary significantly (upwards of a million dollars) and often take on a percentage of the final total project cost. For the purposes of a general fiscal analysis, the average cost, per acre, of each phase of the project is listed below, and includes additional data for an anticipated 6% increase in costs in 2024: Project Phase Average Per Acre Cost (2023) Average Per Acre Cost 6% Escalation (2024) Conceptual Design $5,340 5,661 Design Cost $13,949 $14,786 Construction Documents $44,463 $47,131 10 of 13 Construction $508,390 $538,893 Playgrounds average $110 per square foot in 2023, and $117 per square foot in 2024, with the anticipated 6% escalation in costs. This estimate does not include any costs to place the project on a ballot measure, which is an added cost. On September 28, 2023, the City Council agreed via straw vote (7/0) with updated Measure C language and continue further discussion on October 5. 6. Sections 702 and 705 (NEW). Recommended by the Ad Hoc Committee on 8/1/23, and staff recommendations 9/10/23. Section 70 2. PRO CE DURE FOR HOLDING ELECTIO S. All elections shaH b e h eld in accordance with the provision of the E lect ions Code of th e State of Califomia, as the san e nov, exist s or hei·eafter 1uay b e amended, for th e holding of munic 'pal elec:tions~ so far as the same are not in conflict with th" s Charter . In the event of such conflict t he provisions of thi Cha1ier shaU control anc prevail. in accorc anc:e with Section 103 of this Chalier. Section 70 5. SPECIAL PROVIS IO S RELATI G TO 1\!I U ICIPAL ELECTIO S As in S ection 300, the Citv Cha1i er shall determine the t enn of the City s ele ti \ e offic.ers . the length of tenu. and the election cycle in vvh ich die election for those offic es occur for the City's elective offic e1·s . (a) Beginning in 2026. for all munic.ipal elections: (]) "Elee:tor· means a person \i-ho is a United States citize n 18 y ears of a ge or older. and a resident of the Citv on o r b efore the dav of an election . (2) The City may 4-aJl verify the eligibility of Electors by voter identification . (3) The City may tG provide at least 20 ADA compliant re sid ential votin2 focations for in-p erson voting dispersed evenly throucliout the City. in addition to any City fa c ility voting loc ations . ( 4) The City may 4-aJl 1uonitor ballot crop boxes located w ithin the City for cmnpl · anc.e with all a pplicable faws . 11 of 13 Preliminary Operational Analysis Per the Ad Hoc Committee, the amendment envisions that the City would implement the proposed changes while still consolidating elections with the County Registrar of Voters (ROV). In this scenario and with the current number of registered voters, the ROV would continue to provide eight ballot drop box locations with vote by mail (VBM) options, three 11-day in-person Vote Centers at major City facilities, and ten 4-day in person Vote Centers at both local and smaller city facilities. The minimum number of Vote Centers is predetermined by an Elections Code formula and identified in the County’s Election Administration Plan which will be updated in 2025. However, the City would need to provide poll voters to verify id, request an additional 10 Vote Centers and install video cameras to monitor the drop boxes. The City has inquired with the ROV about whether the County would allow City poll workers to conduct voter id verification at the County’s Vote Center and whether the County would consider providing additional Vote Centers above and beyond what it provides now. On September 20, the ROV stated that it cannot comment on these proposals. In the event the ROV does not accept the City’s proposal and does not consolidate elections, staff has conducted a very preliminary cost analysis for one City standalone election. The initial startup cost for items such as equipment is $664K – 858K; the recurring or operating costs to hold each election is $689K - $832K, with the estimated total cost of 2026 stand-alone local election for Huntington Beach to be $1.35 - $1.69 million. This is based on figures from other municipalities that have recently conducted standalone elections but scaled for Huntington Beach and its number of registered voters. Preliminary Fiscal Analysis Should the City eventually obtain an affirmative response from the County, the amendment would require the City to consider the following costs related to this amendment. The City would need to provide poll workers at each ROV Vote Center to verify voter identification; this would likely require recruitment costs, training and hourly wages at a rough cost estimate of $69,000. Regarding the cost of the additional ten 4-day in-person Vote Centers that will help achieve the total 20 residential voting locations described in the amendment – the ROV did not provide a cost estimate. The ROV stated that it is not their practice to bill jurisdictions on a Vote Center by Vote Center basis. If they are authorized by the County to provide the additional Vote Centers, the cost would be billed proportionately to all participating jurisdictions based on a formula that takes the number of voters per jurisdiction into account. This cost cannot be known at this time. Regarding drop box monitoring, the City may be able to install 24-hour video cameras on buildings within proximity to each drop box. If a building is located on private property, staff would need to negotiate an agreement to mount a video camera on the property. At this time, one firm offers video monitoring for approximately $2,500 per location including camera equipment and installation for 24- hour access. Based on that, the City would anticipate incurring at least $20,000 plus additional unknown cost related to the agreements. The City was advised by the ROV to further consult with the City Attorney regarding the legality of local monitoring of ballot drop boxes. On September 28, 2023, the City Council agreed via straw vote (4-3, Kalmick, Moser, Bolton - No) to move forward with the recommended amendment but with the following changes: 12 of 13 • Change reference from ”shall” to ”may” in both Sections 702 and 705 • In Section 705, add ”Beginning in 2026...” • In Section 705, amend it to state ”20 ADA compliant voting locations” and take out ”residential” from the Section. 7. Section 806. Display of Flags. Recommended by the Ad Hoc Committee on 8/1/23. Preliminary Operational Analysis: There are no known operational impacts at this time. It should be noted that the amendment allows the City to fly additional flags not listed in the proposed amendment, if it is authorized by unanimous vote of the City Council. Comments by City Councilmembers include the requirement for unanimous vote whereas there are no other Charter sections require unanimous votes, this Charter section would disallow for any cultural or national flags to be displayed at the libraries, and this proposed amendment should have a stand-alone measure if it goes to the March primary ballot. On September 28, 2023, the City Council agreed via straw vote (4/3, Kalmick, Moser, Bolton - No) to move forward with the recommended amendment. Preliminary Fiscal Analysis: At this time there are no known fiscal impacts. 8. Charter amendments from Measure L (2022) with exclusions. Recommended by Council Member Kalmick The language of the proposed amendments are listed separately in Attachment 2 - Proposed Changes from Measure L, 2002, with Exclusions, due to their length. Amendments related to Section 312 (Vacancy), 612 (Measure C) have been removed as they are being considered by City Council as separate amendments. Preliminary Operational Analysis: Measure L proposed both substantive and non-substantive amendments. Amendments to Sections 300, 303, 304, 306, 311, 312, 400, 601, 604, 801 are non-substantive in that they clarify or update language in the Charter regarding outdated phrases, syntax, dates, Exce ta· otherwise rovided herein the it sha ll on l fl or dis la at or on an of the i 1 s ro erties lhe follow in fl a s: th e American fla . the POWIMIA fla th e tate of Califomia flag , the Huntington Beach City flag, the County of Orange flag, or any of the flags o f the six bran ches of service: the Army. Navy, Air Force, Coast Guard, Marine Corps, a nd Space F orce. Durin the Swnmer 01 m ic Games th e Ma or is authoriz d to order the dis la of the officia l Olympic flags for four weeks prior to the dates of the games. and for up t o two weeks thereafter. The Citv may di play anv other flag in ad d itio n to those already enum rated, bu t on ly if authorized b a unan im ous vote of all mem b ers of the Ci t Co uncil. 13 of 13 pronouns and titles. For example, Section 300 updates the election years to be more current and rephrases the term “casting of lots” to a “random drawing” for clarity. Section 303 updates the Charter to allow the use of “current technology” to distribute notices, changes the words “executive session” to “closed session” because closed session is the current vernacular as well as clarify the process of adjourning City Council meetings. 303(c) 312(c) 400(d) and 801(e) replace pronouns “he” or “it” with “person” or the title being referred to and 311(d) 601, and 604 replaces “Director of Finance” with the updated title of “Chief Financial Officer”. One substantive amendment is in Section 804 which would require City Council to consider a Charter review at least every ten years, starting after the last review conducted by a Committee, Council or staff. This would require additional staffing support to organize but does not pose a significant operating impact. On September 28, 2023, the City Council also agreed via straw vote to move forward with the recommended amendment except the provision of changing the title of Mayor Pro Tempore to Vice Mayor in Section 306 from Measure L and keep the title of Mayor Pro Tempore as it currently stands. Staff recommendation: All other inconsistencies in language and titles within the Charter shall be included for correction in this amendment should it be approved by the City Council. Preliminary Fiscal Analysis: There are no known fiscal impacts at this time. Environmental Status: Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a project. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Proposed Changes to Charter Section 612. Public Utilities and Parks and Beaches (Measure C) 2. Proposed Changes from Measure L, 2022, with Exclusions 3. PDF Version of RCA 4. Charter Proposals 5. Communications PROPOSED CHARTER AMENDMENTS BY TOPIC CHARTER SECTIONS 303 312 313 401, 601, 602, 603, 604, 605 612 702, 705 (new) 806 (new) TOPIC Cancellation of Meetings (Ad Hoc) Council Vacancies (Strickland) Nepotism (Bolton) Biennial Budget (Ad Hoc) Measure “C” (Ad Hoc) Elections (Ad Hoc) Flags (Ad Hoc) 2022 Measure L (Kalmick) 300, 303, 304, 311, 312, 400, 601, 604, 801, 804 312 1 8 CANCELLATION OF MEETINGS Section 303. MEETINGS AND LOCATION. (a) Regular Meetings. The City Council shall hold regular meetings at least twice each month, unless it lacks a quorum or the meeting is canceled by the Mayor or a majority of City Council Members, at such time as it shall fix by ordinance or resolution. 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 adjourned meeting shall be a regular meeting for all purposes. If the hour to which a meeting is adjourned is not stated in the order of adjournment, such meeting shall be held at the hour for holding regular meetings. If at any time any regular meeting falls on a holiday such regular meeting shall be held on the next business day. (b) Special Meetings. A special meeting may be called at any time by the Mayor, or by a majority of the members of the City Council, by written notice to each member of the City Council and to each local newspaper of general circulation, radio or television station requesting notice in writing. Such notice must be delivered personally or by mail at least twenty-four hours before the time of such meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at such meeting. If any person entitled to such written notice files a written waiver of notice with the City Clerk, it may be dispensed with. This notice requirement shall be considered fulfilled as to any person who is actually present at the meeting at the time it convenes. In the event of an emergency affecting the public peace, health or safety, a special meeting may be called as provided in this section with less than twenty-four hours written notice by the Mayor Pro 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 should fail to act, by a majority of the members of the City Council. (d) Open Meetings. All regular and special meetings of the City Council shall be open and public, and all persons shall be permitted to attend such meetings, except that the provisions of this section shall not apply to executive sessions. Subject to the rules governing the conduct of City Council meetings, no person shall be denied the right to be heard by the City Council. (e) Dissemination of Information. The City Council shall adopt rules to ensure thorough and timely dissemination of information via current technology by resolution. 2 14 COUNCIL VACANCIES Section 312. VACANCIES, FORFEITURES AND REPLACEMENT. (a) Vacancies. A vacancy in the City Council or in any other office designated as elective by this Charter, from whatever cause arising, shall be filled by appointment by the City Council. (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 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). 3 9 NEPOTISM Section 313. CONFLICT OF INTEREST, NEPOTISM. (a) Conflict of Interest. The City Council shall adopt or approve rules and regulations regulating conflicts of interest and promoting fair dealing in all City business. (b) Nepotism. The City Council shall not appoint to a salaried position under the City government any person who is a relative by blood or marriage within the third degree of any one or more of the members of such City Council, or any elected department head, nor shall the City Manager or any department head or other officer having appointive power appoint any relative of such person or of any Council member or any elected department head, within such degree to any such position. This provision shall not affect the employment or promotional status of a person who has attained a salaried position with the City prior to the existence of a situation contemplated by this provision; however, Council members or officers with appointive powers in such a situation shall disqualify themselves from all decisions affecting the employment and promotional status of such person. 4 3 BIENNIAL BUDGET Section 401. POWERS AND DUTIES. Except as otherwise provided in this Charter, the City Manager shall be responsible to the City Council for the proper administration of all affairs of the City. Without limiting this general grant of powers and responsibilities, the City Manager shall have the power and be required to: (a) Appoint, promote, demote, suspend or remove department heads, officers and employees of the City except elective officers and the Chief of Police. The Chief of Police shall not be appointed or removed until the City Manager shall first have reviewed such appointment or removal with the City Council and have received approval for such appointment or removal by a majority vote of the full City Council. (b) Prepare the budget as required by this Charter annually, submit it to the City Council, and be responsible for its administration upon adoption. (c) Prepare and submit to the City Council as of the end of each fiscal year, a complete report on the finances of the City, and annually or more frequently, a current report of the principal administrative activities of the City. (d) Keep the City Council advised of the financial condition and future needs of the City and make such recommendations as may seem desirable. (e) Maintain a centralized purchasing system for all City offices, departments and agencies. (f) Prepare, administer and enforce rules and regulations recommended to and adopted by the City Council governing the contracting for, purchase, inspection, storage, inventory, distribution and disposal of all supplies, materials and equipment required by any office, department or agency of the City government. (g) Be responsible for the compliance by the City with the laws of the State pertaining to the City, the provisions of this Charter and the ordinances, franchises and rights of the City. Subject to policy established by the City Council, exercise control of all administrative offices and departments of the City and of all appointive officers and employees, and prescribe such general rules and regulations as deemed necessary or proper for the general conduct of the administrative offices and departments of the City under their jurisdiction. (h) Perform such other duties consistent with this Charter as may be required by the City Council. 5 4 Section 601. BIENNIAL ANNUAL BUDGET, PREPARATION BY THE CITY MANAGER. At such date as the City Manager shall determine, each board or commission and each department head shall furnish to the City Manager, personally, or through the Director of Finance, estimates of the department’s, board’s or commission’s revenue and expenditures for the ensuing two fiscal years, detailed in such manner as may be prescribed by the City Manager. In preparing the proposed budget, the City Manager shall review the estimates, hold conferences thereon with the respective department heads, boards or commissions as necessary, and may revise the estimates as may be deemed advisable. Section 602. BIENNIAL ANNUAL BUDGET. SUBMISSION TO THE CITY COUNCIL. The City Manager shall submit the proposed budget to the City Council at least thirty days prior to the beginning of each even numbered fiscal year beginning in 2026. After reviewing the proposed budget and making such revisions as it may deem advisable, the City Council shall hold a public hearing thereon at least fifteen days prior to the beginning of each even numbered fiscal year and shall cause to be published a notice thereof not less than ten days prior to said hearing. Copies of the proposed budget shall be available for inspection by the public in the office of the City Clerk at least ten days prior to said hearing. Section 603. BIENNIAL ANNUAL BUDGET. PUBLIC HEARING. At the time so advertised or at any time to which such public hearing shall from time to time be adjourned, the City Council shall hold a public hearing on the proposed budget, at which interested persons desiring to be heard shall be given such opportunity. Section 604. BIENNIAL ANNUAL BUDGET. FURTHER CONSIDERATION AND ADOPTION. At the conclusion of the public hearing the City Council shall further consider the proposed budget and make any revisions thereof that it may deem advisable and on or before the last day of the fiscal year it shall adopt the budget with revisions, if any, by the affirmative vote of at least a majority of the total members of the Council. Upon final adoption, the budget shall be in effect for the ensuing two fiscal years. Copies thereof, certified by the City Clerk, shall be filed with the City Manager, Director of Finance, City Treasurer and the person retained by the City Council to perform the post audit function, and a further copy shall be placed, and shall remain on file in the office of the City Clerk where it shall be available for public inspection. The budget so certified shall be reproduced and copies made available for the use of the public and of departments, offices and agencies of the City. Section 605. BIENNIAL ANNUAL BUDGET APPROPRIATIONS. From the effective date of the budget, the several amounts stated therein as proposed expenditures shall be and become appropriated to the several departments, offices and agencies for the respective objects and purposes therein named; provided, however, that the City Manager 6 5 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. 7 6 MEASURE “C” Section 612. PUBLIC UTILITIES AND PARKS AND BEACHES. (a) No public utility or park or beach or portion thereof now or hereafter owned or operated by the City shall be sold, leased, exchanged or otherwise transferred or disposed of unless authorized by the affirmative votes of at least a majority of the total membership of the City Council and by the affirmative vote of at least a majority of the electors voting on such proposition at a general or special election at which such proposition is submitted. (b) No golf course, driving range, road, building over three thousand square feet in floor area nor structure costing more than $161,000.00 may be built on or in any park or beach or portion thereof now or hereafter owned or operated by the City unless authorized by the affirmative votes of at least a majority of the total membership of the City Council and by the affirmative vote of at least a majority of the electors voting on such proposition at a general or special election at which such proposition is submitted after the appropriate environmental assessment, conceptual cost estimate, and reasonable project description has been completed and widely disseminated to the public. Effective January 1, 2011, and each year thereafter, the maximum cost will be adjusted by the Consumer Price Index for the Los Angeles-Riverside- Orange County area. (c) Section 612(a) and 612(b) shall not apply; (1) to libraries or piers; (2) to any lease, franchise, concession agreement or other contract where; - the contract is to perform an act or provide a service in a public park or beach AND - such act was being performed or service provided at the same location prior to January 1, 1989 AND - the proposed lease, franchise, concession agreement or other contract would not increase the amount of parkland or beach dedicated to or used by the party performing such act or providing such service. (3) to aboveground public works utility structures or public restrooms under 6,000 3,000 square feet; (4) to underground public works utility structures if park or beach use is not impeded; (5) to any public works construction, maintenance or repair mandated by state or federal law that does not negatively impact recreational opportunities; or (6) to renewable energy projects that do not negatively impact recreational opportunities.; or (7) to new children’s playground facilities or equipment in any park; or to replacement children’s playground facilities or equipment in any park or beach, provided that the square 8 7 footage of such replacement children’s playground facilities or equipment is not increased by more than 100% during any ten year period. (d) If any section, subsection, part, subpart, paragraph, clause or phrase of this amendment, or any amendment or revision of this amendment, is for any reason held to be invalid or unconstitutional, the remaining sections, subsections, parts, subparts, paragraphs, clauses or phrases shall not be affected but shall remain in full force and effect. 9 1 ELECTIONS Section 702. PROCEDURE FOR HOLDING ELECTIONS. All elections shall be held in accordance with the provisions of the Elections Code of the State of California, as the same now exists or hereafter may be amended, for the holding of municipal elections, so far as the same are not in conflict with this Charter. In the event of such conflict, the provisions of this Charter shall control and prevail, in accordance with Section 103 of this Charter. Section 705. SPECIAL PROVISIONS RELATING TO MUNICIPAL ELECTIONS 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 shall verify the eligibility of Electors by voter identification. (3) The City may to provide at least 20 ADA compliant residential voting locations for in-person voting dispersed evenly throughout the City, in addition to any City facility voting locations. (4)The City may shall monitor ballot drop boxes located within the City for compliance with all applicable laws. 10 2 FLAGS SECTION 806. DISPLAY OF FLAGS. Except as otherwise provided herein, the City shall only fly or display at or on any of the City’s properties the following flags: the American flag, the POW/MIA flag, the State of California flag, the Huntington Beach City flag, the County of Orange flag, or any of the flags of the six branches of service: the Army, Navy, Air Force, Coast Guard, Marine Corps, and Space Force. During the Summer Olympic Games, the Mayor is authorized to order the display of the official Olympic flags for four weeks prior to the dates of the games, and for up to two weeks thereafter. The City may display any other flag in addition to those already enumerated, but only if authorized by a unanimous vote of all members of the City Council. 11 10 20 2 2 M E AS U R E L Se c t i o n 3 0 0 . C I T Y C O U N C I L , A T T O R N E Y , C L E R K A N D T R E A S U R E R . T E R M S . T h e el e c t i v e o f f i c e r s o f t h e C i t y s h a l l c o n s i s t o f a C i t y C o u n c i l o f s e v e n m e m b e r s , a C i t y C l e r k , a Ci t y T r e a s u r e r a n d a C i t y A t t o r n e y , a l l t o b e e l e c t e d f r o m t h e C i t y a t l a r g e a t t h e t i m e s a n d i n t h e ma n n e r p r o v i d e d i n t h i s C h a r t e r a n d w h o s h a l l s e r v e f or t e r m s o f f o u r y e a r s a n d u n t i l t h e i r re s p e c t i v e s u c c e s s o r s q u a l i f y . S u b j e c t t o t h e p r o v i s i o n s o f t h i s C h a r t e r , t h e m e m b e r s o f t h e C i t y Co u n c i l i n o f f i c e a t t h e t i m e t h i s C h a r t e r t a k e s e f f e c t s h a l l c o n t i n u e i n o f f i c e u n t i l t h e e x p i r a t i o n of t h e i r r e s p e c t i ve t e r m s a n d u n t i l t h e i r s u c c e s s o r s a r e e l e c t e d a n d q u a l i f i e d . Co n s i s t e n t w i t h t h e st a g g e r e d e l e c t i o n p r o c e s s e s t a b l i s h e d i n t h e n e w C h a r t e r i n 1 9 6 6 a n d r e a f f i r m e d i n 2 0 2 2 , fou r me m b e r s o f t h e C i t y C o u n c i l s h a l l b e e l e c t e d a t t h e g e n e r a l m u n i c i p a l e l e c t i o n he l d i n 19 6 6 20 2 2 , a n d e a c h f o u r t h y e a r t h e r e a f t e r . T h r e e m e m b e r s o f t h e C i t y C o u n c i l s h a l l b e e l e c t e d a t t h e ge n e r a l m u n i c i p a l e l e c t i o n h e l d i n 19 6 8 20 2 4 , a n d e a c h f o u r t h y e a r t h e r e a f t e r . N o p e r s o n s h a l l b e el e c t e d a s a m e m b e r o f t h e C i t y C o u n c i l f o r m o r e t h a n t w o c o n s e c u t i v e t e r m s a n d n o p e r s o n w h o ha s b e e n a m e m b e r f o r m o r e t h a n t w o y e a r s o f a t e r m t o w h i c h s o m e o t h e r p e r s o n w a s e l e c t e d a me m b e r s h a l l b e e l e c t e d t o t h e C i t y C o u n c i l m o r e t h a n o n e f u r t h e r c o n s e c u t i v e t e r m . S u b j e c t t o th e p r o v i s i o n s o f t h i s C h a r t e r , t h e C i t y C l e r k , C i t y T r e a s u r e r a n d C i t y A t t o r n e y i n o f f i c e a t t h e ti m e t h i s C h a r t e r t a k e s e f f e c t s h a l l c o n t i n u e i n o f f i c e u n t i l t h e e x p i r a t i o n o f t h e i r r e s p e c t i v e t e r m s an d t h e q u a l i f i c a t i o n o f t h e i r s u c c e s s o r s . Co n s i s t e n t w i t h t h e s t a g g e r e d e l e ct i o n p r o c e s s es t a b l i s h e d i n t h e n e w C h a r t e r i n 1 9 6 6 a n d r e a f f i r m e d i n 2 0 2 2 , a Ci t y C l e r k a n d C i t y T r e a s u r e r sh a l l b e e l e c t e d a t t h e g e n e r a l m u n i c i p a l e l e c t i o n h e l d i n 19 6 8 20 2 4 , a n d e a c h f o u r t h y e a r th e r e a f t e r . A C i t y A t t o r n e y s h a l l b e e l e c t e d i n 19 6 6 20 2 2, a n d e a c h f o u r t h y e a r t h e r e a f t e r . Th e t e r m o f e a c h m e m b e r o f t h e C i t y C o u n c i l , t h e C i t y C l e r k , t h e C i t y T r e a s u r e r a n d t h e C i t y At t o r n e y s h a l l c o m m e n c e o n t h e f i r s t Mo n d a y re g u l a r C i t y C o u n c i l m e e t i n g fo l l o w i n g t h e ce r t i f i c a t i o n o f t h e e l e c t i o n . T i e s i n vo t i n g a m o n g c a n d i d a t e s f o r o f f i c e s h a l l b e s e t t l e d b y th e ca s t i n g o f l o t s ra n d o m d r a w i n g p r o c e s s c o n d u c t e d b y t h e C i t y M a n a g e r d u r i n g t h e f i r s t r e g u l a r Ci t y C o u n c i l m e e t i n g f o l l o w i n g t h e c e r t i f i c a t i o n . If n o c a n d i d a t e m e e t s t h e q u a l i f i c a t i o n s f o r o f f i c e of t h e C i t y C l e r k , C i t y T r e a s u r e r , o r C i t y At t o r n e y , t h e C i t y C o u n c i l s h a l l f i l l t h a t p o s i t i o n b y a p p o i n t m e n t u n t i l t h e n e x t m u n i c i p a l g e n e r a l el e c t i o n i n w h i c h a q u a l i f i e d c a n d i d a t e i s e l e c t e d . Se c t i o n 3 0 3 . M E E T I N G S A N D L O C A T I O N . (a ) Re g u l a r M e e t i n g s . T he C i t y C o u n c i l s h a l l h o l d r e g u l a r m e e t i n g s a t l e a s t t w i c e e a c h mo n t h , u n l e s s i t l a c k s a q u o r u m o r i s c a n c e l e d b y t h e M a y o r o r a m a j o r i t y o f C i t y C o u n c i l Me m b e r s , at s u c h t i m e a s i t s h a l l f i x b y o r d i n a n c e o r r e s o l u t i o n a n d m a y a d j o u r n or r e -ad j o u r n an y r e g ul a r m e e t i n g t o a d a t e a n d h o u r c e r t a i n w h i c h s h a l l b e s p e c i f i e d i n t h e o r d e r o f ad j o u r n m e n t . an d w h e n s o a d j o u r n e d Eac h re -ad j o u r n e d m e e t i n g s h a l l b e a r e g u l a r m e e t i n g f o r al l p u r p o s e s . If t h e h o u r t o w h i c h a m e e t i n g i s a d j o u r n e d i s n o t s t a t e d i n t h e o r d e r o f ad j o u r n m e n t , s u c h m e e t i n g s h a l l b e h e l d a t t h e h o u r f o r h o l d i n g r e g u l a r m e e t i n g s . If a t a n y t i m e an y r e g u l a r m e e t i n g f a l l s o n a h o l i d a y s u c h r e g u l a r m e e t i n g s h a l l b e h e l d o n t h e n e x t b u s i n e s s da y . 12 i I I I I 11 (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. 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. 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. 13 12 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. 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 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 601. ANNUAL BUDGET, PREPARATION BY THE CITY MANAGER. At such date as the City Manager shall determine, each board or commission and each department head shall furnish to the City Manager, personally, or through the Director of Finance Chief Financial Officer, estimates of the department's, board's or commission's revenue and expenditures for the ensuing fiscal year, detailed in such manner as may be prescribed by the City Manager. In preparing the proposed budget, the City Manager shall review the estimates, hold conferences thereon with the respective department heads, boards or commissions as necessary, and may revise the estimates as may be deemed advisable. Section 604. ANNUAL BUDGET. FURTHER CONSIDERATION AND ADOPTION. At the conclusion of the public hearing the City Council shall further consider the proposed budget and make any revisions thereof that it may deem advisable and on or before the last day of the fiscal year it shall adopt the budget with revisions, if any, by the affirmative vote of at least a majority of the total members of the Council. Upon final adoption, the budget shall be in effect for the ensuing fiscal year. Copies thereof, certified by the City Clerk, shall be filed with the City Manager, 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 14 budget so certified shall be reproduced and copies made available for the use of the public and of departments, offices and agencies of the City. Section 801. DEFINITIONS. Unless the provisions or the context otherwise requires, as used in this Charter: (a)"Shall" is mandatory, and "may" is permissive. (b)"City" is the City of Huntington Beach and "department," "board," "commission," "agency," "officer," or "employee" is a department, board, commission, agency, officer or employee, as the case may be, of the City of Huntington Beach. (c)"County" is the County of Orange. (d)"State" is the State of California. (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. 15 Moore, Tania From: Sent: To: Subject: City Council members, Brad Bergeland < bjbergeland@gmail.com> Thursday, September 28, 2023 4:06 PM supplementalcomm@surfcity-hb.org 28 September 2023 City Council d iscussion of 05 Sept 23 Agenda item 30 (23-700) This is to document my opposition to the subject Agenda Item 30 {23-700) currently under discussion with the public. In this agenda item, the city council is considering the submission of 3 ballot measures encompassing several proposed Charter Amendments. The proposal is to have the 3 ballot measures included on the March 2024 Primary ballot. None of the 3 ballot measures with the Charter Amendments should be approved to be added to the March 2024 primary election ballot. Below are just some of the reasons why: 1. Ballot Measure 1 -Anything to do with making changes to the local election process is unnecessary and costs too much. I've only heard that these changes are based on some verbal suggestions from some constituents, and will just be "enhancements" to the current process . It is well documented from the last two elections that the existing process of conducting elections has proven to be accurate, safe and conducted with integrity. With regard to the City Clerk qualifying requirements, any wording that would result in diminished qualifications should not be incorporated. I would suggest no adjustment to the existing qualification requirements, as currently worded . 2. Ballot Measure 2 -Biennial budget in lieu of the current annual budget. I heard at the last meeting that a biennial budget would allow for more accurate planning and would be easier for the Finance Department. If they say it is easier, I'll take their word for it, but I disagree that a two year time frame would be more accurate than one year . How can that be when you are adding an additional out-year that has to be forecasted? Adding an additional year may just make it easier to mask budgetary/spending problems that arise early on, rather than addressing and fixing the problems. These are just a few reasons why the subject agenda item should be rescinded. Any changes identified in 23-700 that might be voted as needed by the city council should be handled in a different way, other than as expensive ballot measures. I trust that the city council has been listening to the citizen input from the last few weeks, and will truly consider removing Agenda Item 30 {23-700). That would be a good start to gaining more trust and confidence from a wider range of your constituents. 3. Finally, if the end result is that some or all of the amendments are put forward to be part of an election ballot, then it should be the 2024 General Election . Everyone from all parties should strive for strong voter turnout. General elections always have greater voter turnout than Primaries. This would provide more time to work on issues, give the voters more confidence and understanding of the issues up for vote; and of course, everyone agrees that it would save money. Whether the costs of these Measures is $1.2M or $400K+, or whatever -let's save the cost to Huntington Beach taxpayers for changes that are unnecessary. Brad Bergeland 37 year resident of Huntington Beach 1 Moore, Tania From: Sent: To: Subject: Susan Matthewson <sgmatthewson@socal.rr.com> Monday, October 2, 2023 6:27 PM supplementalcomm@surfcity-hb.org City Council Charter Amendments I go on record as opposed to these charter amendments. They are harmful, undemocratic, and written to promote an anti-democratic authoritarian rule of the city. No, no, no. Democratic, Sent from my iPhone 1 Moore, Tania From: Sent: To: Subject: Barbara Richardson <hblibrarylady@yahoo.com > Monday, October 2, 2023 7:24 PM supplementalcomm@surfcity-hb .org; CITY COUNCIL (INCL. CMO STAFF) Changes to the City Charter I am sending this email so my name will be on file that I am opposed to changing the city charter. Because I believe that the proposed changes are going to be put on the ballot for the residents to vote upon, I am requesting that they be listed separately and not bundled. I also believe residents should be warned how much the proposed measure to change current election procedures will cost the city. Thank you, Barbara Richardson 50 year Huntington Beach Resident Sent from Yahoo Mail on Andro id 1 Moore, Tania From: Sent: To: Subject: Council Members, onewildart <onewildart@aol.com > Monday, October 2, 2023 7:41 PM supplementalcomm@surfcity-hb.org October 3, 2023 meeting I can only imagine how tired each of you are when you go home after regular City Council meetings, not to mention the additional Thursday night ones. I know l'M tired after watching them ..... so much negativity, bickering, and ignoring what others have to say. I thought governing was about listening, considering, negotiating, coming to consensus, leaving with a feeling of a job well done . The animosity is palpable. Please listen to the Majority of what attendees and those who send correspondence are saying .... they don 't agree with your charter changes, how you're shoving them down our throats and pushing it through for the March primary. Bundling them is a not so subtle attempt to push thru less palatable items with popular ones. After Trump's shout out to Tony at his rally on Friday, the obvious was confirmed . We see you . We know what you're doing. And if necessary the good people of HB will hold your feet to the fire for the next three+ years until we have the opportunity to vote you out. Disgusted!! Trudy Roe Sent from my iPad 1 Moore, Tania From: Sent: To: City Council Jennifer Tan <jennifertan@yahoo.com> Monday, October 2, 2023 8:28 PM supplementalcomm@surfcity-hb.org Attacks on freedom to read are aga in st our constitutional rights and lib erty . No matter how powerful, wealthy, se lf-r ighteous or loud a group is, reading is a fundamental right. Th is attack on libraries puts a ll our rights and lib ert ies in jeopardy. Do not restrict books. Vote NO on the city charter changes. Dr. Jennifer Tan 1 Moore, Tania From: Sent: To: Subject: MJ Baretich <mjbaretich@hotmail.com> Monday, October 2, 2023 9:56 PM supplementalcomm@surfcity-hb.org; CITY COUNCIL (INCL. CMO STAFF) CHARTER AMENDMENTS OBJECTIONS Dear Mayor Strickland and City Council Members, My name is Mary Jo Baretich, a 40-year resident of HB. Please stop this proposed tinkering with our local election and the focus on Voter ID. The Orange County Registrar of Voters already checks each ballot to verify if the voter is legitimate. Requiring Huntington Beach to run their own election is unnecessary, too impractical, too costly, and too fraught with controversy, especially since Attorney General Rob Banta has already told the city that asking for identification at a polling place is against California law. If HB institutes a Voter ID requirement, there will be legal challenges. We Citizens do not need to pay for more lawsuits. Forcing this particular unnecessary Charter amendment by you onto the public would destroy the trust and connection between our local government and the broader community. It is time for you to listen to the community. You do not need to lose their trust. Additionally, we simply do not have the resources or the expertise to carry it out, especially if the Orange County Registrar of Voters is not fully on board with the effort. We were also not provided with actionable evidence and data to justify the proposed changes in our Election procedures. Show that evidence or pull your proposed misguided amendment. Additionally, the lumping together of unrelated items in each of the proposed Charter amendments on the ballot is unacceptable. It confuses voters by forcing a Yes or No vote on unrelated items. If any proposed amendments are going to appear on the ballot, then each proposed item should stand alone on the ballot to allow for an up or down vote on each individual item-no bundling of unrelated items. In conclusion, I state that -Perhaps we citizens need to get the assistance of an outside legal firm to conduct a much-needed legal analysis of all the proposed Charter amendments. Thank you. Mary Jo Baretich 1 Moore, Tania From: Sent: To: Subject: tjeng1and41@yahoo .com Monday, October 2, 2023 10 :01 PM supplementalcomm@surfcity-hb .org No on proposed HB City Charter Amendments I fail to understand how the 4 new HB City council members can justify their claims of election fraud in our last election when they were elected in the same election . Does this signify that they were fraudulently elected? There is no election fraud in this city. Drop this unnecessary fraud in HB! Drop this ignorant and costly idea!! Leave our library's children's book selection to our lib rarians and parents to manage! Government mustn 't censor our books! The City Attorney, who is not qualified to do so, must be too busy dealing with the multiple lawsuits our city is now involved in to try to take on book censorship. Please Drop these amendments! Please prevent nepotism in our city government and don't lower the education requirement to hire Mr Gates wife as City Clerk! I heard that Mr Strictland is for nepotism in HB but it should be discouraged! Please drop these poorly conceived and dangerous amendments to our city charter! Thank you, TJ England Sent from my iPhone 1 Moore, Tania From: Sent: To: Subject: Just a few questions: Isabella Ford <issyford@gmail.com> Monday, October 2, 2023 10:47 PM supplementalcomm@surfcity-hb .org; CITY COUNCIL (INCL. CMO STAFF) Serve all Huntington Beach Citizens Why was Councilmember Moser censured for asking a clarification question instead of Councilmember Van Der Mark for interrupting with a very aggressive tone and continuing to yell instead of simply taking the opportunity to clarify truth vs rumor? Do you really have no regard for the health of our city as a whole? Do you hear the anger you are fueling? To ask a question shouldn't lead to such hateful comments but that is what the actions of Van Der Mark and Strickland showed that night. It is important to question actions. It is also important to recognize and make efforts to correct any mistakes or misunderstandings. Instead, it seems the new city council members prefer to attack instead of explain or clarify what problem you are trying to solve with each charter amendment proposal. What problem is the new council majority trying to solve by requiring voter id at the ballots? What is the cost benefit analysis of this proposed amendment? Why budget every two years instead of annually? Is this normal practice? Why does the mayor need the ability to cancel a council meeting with no parameters? Isabella Ford 714-308-0660 1 Moore, Tania From: Sent: To: Subject: ceguchi@verizon .net Tuesday, October 3, 2023 12 :13 AM supplementalcomm@surfcity-hb.org ; CITY COUNCIL (INCL . CMO STAFF) Voting Requirements and Politicizing the Air Show My first concern is why are we changing the voting requirements, contrary to what the county and state are requiring. It seems like more money unnecessarily allocated for an unbroken system. Secondly, thank you for bringing back the Air Show, but why was Trump over our air space at the same time? understand that a few of the council members are avid supporters of Trump, but on the ground it led to division as many people gave the middle finger as well as those who cheered the ex President. It mar red what could have been a unifying experience for many. Carolyn Eguchi 30 years homeowner/resident of HB 1 Moore, Tania From: Sent: To: Subject: Patti Akers <phakers@LIVE .COM > Tuesday, October 3, 2023 12 :22 AM supplementalcomm@surfcity-hb.org In advance of our October 3 City Council Meeting I am unhappy with the way our city council has changed our city since the last election. It seems that those of you elected under the "Save Huntington Beach campaign" are doing the opposite. You have made this city partisan. You are not thinking of what can be done to better our city for its people . Instead, you are breaking apart what has been done already without any positive improvements. I oppose your efforts to use your majority to behave as an angry, revengeful group intent on creating negativity and separation of residents, one against the other. I am against your efforts to force changes to our charter and to change our voting laws in a rush against what your constituents are telling you about the unnecessary expense. You are not listening. Sincerely unhappy, Patti Akers Sent from Mail for Windows 1 Moore, Tania From: Sent: To: Subject: Dear City Council, Susan Allen <susanharperallen@hotmail.com> Tuesday, October 3, 2023 7:46 AM supplementalcomm@surfcity-hb.org; CITY COUNCIL (INCL . CMO STAFF) Resident Comments -Proposed Charter Amendments I am a resident, homeowner, small business owner and mom in Huntington Beach -and a voter. I strongly oppose the proposed changes to the charter of Huntington Beach . Regardless of whether I support the intention behind them, the proposed charter amendments will add costs (voter ID) and set the stage for continuous bickering (cultural references). Our city does not need either. You have not sufficiently convinced me that your proposed changes are legal. I pay enough in taxes already-proudly so to call Huntington Beach home, but I don't want to p9y more in taxes to cover legal challenges to the voter ID proposed changes. And I don't want city services like library hours and maintenance to suffer. You have also not sufficiently convinced me that voter fraud is an issue. In fact, if you think there was a lot of voter fraud in the last election, then recently elected council members should step down in case fraudulent votes are the reason you were elected. Regarding the cultural changes proposed, you would be setting a dangerous precedent with the city switching between far left and far right charter amendments every time the council changes. We clearly live in a city with residents of all political and cultural backgrounds . Your job as our leaders is to make the city a welcoming place for us all to call home . The proposed charters do not accomplish this goal. IF you persist on the changes, then you should list them individually so you can discern the true desire of the residents. Thank you . Susan Allen 6842 Lawn Haven Drive Huntington Beach, CA 92648 1 Moore, Tania From: Sent: To: Subject: Connie Quader <cquaderhb@gmail.com > Tuesday, October 3, 2023 7:47 AM supplementalcomm@surfcity-hb.org Charter Amendments To the majority of the City Council, WHY THE RUSH OF CHARTER AMENDMENTS? It seems as though you four have an agenda. Each proposed item should stand alone . No bundling of unrelated items. The unknown costs to Huntington Beach citizens for your frivolous & unnecessary proposed changes will, most likely result in costly lawsuits against the city. WHY NOW? It seems as though you four really don't know the citizens of Huntington Beach well & you don't care to know or listen to the majority of HB citizens! Your minds are already made up. WHY? You successfully have tarnished the image of our beautiful & much loved city! WHY? Also the Trump flyover was totally OUTRAGEOUS!! The Pacific Airs how was for all to enjoy NOT be politicized!! UNACCEPTABLE!! Sincerely, Connie & Shaheer Quader 44 Years HB residents 1 Moore, Tania From: Sent: To: Subject: Good morning, BETHANY WEBB <bethwebb711@msn.com> Tuesday, October 3, 2023 8:01 AM supplementalcomm@surfcity -hb.org Charter Amendments and Airshow I would like to add my continuing opposition to the proposed Charter Amendments . It is beyond hypocritical to have run campaigns Against charter amendments and then turn around and try to hurry them into a March primary election, costing us HB homeowners over a million dollars! Not only are they not needed, but once again they have put my beloved city of Huntington Beach into a negative spotlight and another threatened lawsuit! Why? Nothing presented at the Charter meetings has passed the smell test. No documentation was presented showing a need for any of the charter amendments! We have NO voter fraud! The Flag idea is nothing more than a red herring designed to further separate our city. Please stop trying to fire up the lunatic fringe in HB and try to start governing for all of us! Regarding the Airshow, I am once again asking for the documentation pertaining to the lawsuit and the details of the new agreement to be released. I also want to put on record my disappointment and opposition to having a political candidate added to the airshow. Particularly a candidate facing over 70 criminal charges! In the bogus Airshow meeting it was mentioned that the Airshow was to bring people from all over to HB. Let me be clear that candidate is despised my the majority of people in this country and throughout the world! Once again HB looks ridiculous! Finally Leave Our Libraries Alone! Bethany Webb 40 year+ HB resident and homeowner Bethwebb711@msn .com 1 Moore, Tania From: Sent: To: Cc: Subject: Dear City Council members, Carol Daus <caroldaus@gmail.com> Tuesday, October 3, 2023 8:19 AM CITY COUNCIL (INCL. CMO STAFF) supplementalcomm@surfcity-hb.org In opposition to charter amendments Although you offered public meetings to address the charter amendments (thanks to Council Member Casey McKean), I feel that you are not listening to "the will of the people." As you witnessed at the public meetings and as it's been recorded by emails from the community, there has been more public opposition to these measures than support. Yet you have not worked with concerned residents by 1) eliminating the proposed charter amendments altogether or 2) revising them so they're not bundled and offer more clarity to voters. On another matter, why is our current City Council bringing politics into Huntington Beach? Mayor Strickland's endorsement of disgraced Trump, who has been indicted 4 times on a total of 91 charges, is inexcusable. Allowing Trump to fly over our airshow, which is supposed to be a community event, not a partisan fund-raiser, was a huge misstep. Furthermore, it's not appropriate that City Attorney Michael Gates is communicating with Trump about policy matters at pricey MAGA fundraisers. He's supposed to be a non-partisan government official. In fact, none of you should be making such blatant attempts to politicize our city. It's embarrassing and divides us even more as a community. Carol oa ·us Huntington Beach resident for 28 years 1 Moore, Tania From: Sent: To: Subject: Tracy Luth < p.luth@verizon .net> Tuesday, October 3, 2023 8:27 AM supplementalcomm@surfcity-hb .org; CityCouncil@surfcity-hb .org Changes to the HB city charter I would like to express my concerns about the proposed changes to the HB city charter. I think that each proposed change needs to be presented along on the ballot rather than bundling unrelated items. I would like the city to consider and investigate the costs of running its own elections if it moves forward with voter ID requirements as well as costs defending itself against potential lawsuits about the constitutionality of voter ID requirements . Sincerely, Tracy Luth Sent from the all new AOL app for iOS 1 Moore, Tania From: Sent: To: Subject: MC Allen <martaesq@gmail.com> Tuesday, October 3, 2023 8:38 AM supplementalcomm@surfcity-hb.org; CITY COUNCIL (INCL. CMO STAFF) City Council Meeting 10/3/2023 I get the sense that this will fall on deaf ears, nevertheless, since I can not attend the City Council meeting on 10/3/2023, I am writing this email. Several issues are of concern 1) ELECTIONS: I do not trust local city officials to protect our elections & ballots. There's zero evidence of voter fraud in HB. The people proposing this have not offered any verifiable proof to justify such huge expenses. It's against California law and will subject our city to untold legal expenses defending a losing case. Let's spend our precious resources on what the city needs like fixing the alley's in downtown. They're atrocious . In 2 years, I've had 4 nails, screws, or industrial staples in my tires requiring replacement tires 3 of 4 times. I've had 1 or 2 lifetime nails in my tires prior to moving to my current home 2 years ago. 2) CHARTER AMENDEMENTS: didn't the majority of the current city council run & get elected on campaign promises of no changes to city charter? Why are they now proposing changes to the city charter? How can we trust our elected officials if they re neg on their election promises. With that in mind, each individual change must be a separate issue to be voted on . Our Charter is effectively our city's constitution and needs to be a stable documents not subject to the passing whims of any city council. 3) Why is Huntington Beach "Mayor" Strickland publicly speaking about "our" side and "their" side. Aren't the City Council members, from which a "Mayor" is selected annually, representing the entire city and all of its citizens. Why are there any "sides". 4) AIR SHOW -it is one of my absolute favorite things about living in HB yet it has become politicized by allowing presidential candidate, 4 times indicted, 91 felonies, confirmed civil law sexual abuser, over 30,000 verified lies, serial marital cheater, $100 million fraud, and counting, Donald Trump's plane fly over. It is a wonderful community event like the 4th of July parade where no political candidates are allowed an entry, yet Mr Trump's plane was allowed to fly over our beaches. Stop playing these silly games & pandering. Was looking forward to living at the beach in this jewel of Orange County. HB has experienced amazing growth & beautification over the last years. It has bright & clean beaches, a beautiful cliff park, renewed bike path with such an ugly underbelly putting partisanship over actual city needs. Can you please prioritize city & citizens needs over these silly games. As the last affordable Southern Cal beach, let's keep it beautiful inside & out. Thank you. MC Allen Huntington Beach, CA 1 Moore, Tania From: Sent: To: Subject: Dear City Council Members, Anthony Daus <addaus@gsi -net.com > Tuesday, October 3, 2023 8:43 AM CITY COUNCIL (INCL . CMO STAFF); supplementalcomm@surfcity-hb.org Oppos ition to Charter Amendments I am in opposition to the Charter Amendments. It is a poor use of the City's limited resources. These amendments, particularly the voting amendment, will cost the City, at a minimum, upwards of $1M . This is to fix a problem that does not exist. A short few months ago there was talk of cutting services due to budget shortfalls. I don't think the full impact of these changes to the City budget are fully understood. This is not good governance and clearly unnecessary government overreach . Tony Daus City of Huntington Beach resident for more than 25 years. 1 Moore, Tania From: Sent: To: Subject: Devin McBride <devinmcbride13@gmail.com> Tuesday, October 3, 2023 8:50 AM CITY COUNCIL (INCL. CMO STAFF); supplementalcomm@surfcity-hb.org Concerned HB Homeowner Good Morning Council and Mayor, If the HB City Council majority goes ahead with the suppression of library books, there will be lawsuits. They will be expensive to fight in court and Huntington Beach will lose . Already we hear about budget shortfalls, this banning is illegal and expensive. It is unnecessary. We must fight for intellectual freedom and the right to safely explore identities, histories, and cultures. Do not fiddle with the city charter. Support our libraries and our librarians. Devin McBride Huntington Beach Homeowner 1 Moore, Tania From: Sent: To: Subject: Attachments: Mark Dixon < ncsmt2014@gmail.com > Tuesday, October 3, 2023 8:56 AM CITY COUNCIL (INCL. CMO STAFF); supplementalcomm@surfcity-hb.org Public Comments for October 3, 2023 10 03 2023 Charter election.docx Please see attached, and include in the record for tonight's meeting. Thank you - Mark W. Dixon 21612 Bahama Lane Huntington Beach CA 92646-7810 (657)489-3719 1 I understand the City Council majority of Huntington Beach is planning to administer its own election polling system, and I do not understand why. Is the City fearful of voter fraud, or does the Council majority simply want the voters to be afraid? According to the U.S. Attorney General appointed by President Trump, 60 failed lawsuits showed no voter fraud sufficient to affect the outcome of the election. What problem is this "solution" in search of? The Orange County Registrar of Voters has an award-winning system in place, and it has run efficiently and accurately for decades. For the last election, I was trained and tested -and paid well for it -as a Lead Election Worker. My 32 hours of training and testing were in-person, on-site and on line, and the team I led received 24 hours of paid training and testing prior to the election. The County of Orange paid us nearly $3000 before my team and I went to work as paid election workers. We were not volunteers, and we put in 12 to 14-hour days for every day of the election period. Each step of the process was overseen by at least two workers at all times, and each of us signed our names to attest to the validity of those steps . I was in touch with my supervisor several times a day and received extraordinary support from the Registrar's office. It's already working, and the taxpayers are paying for the expertise. Now the Council majority is planning to charge the taxpayers at least a million dollars for a Charter election to duplicate -and likely not an accurate copy -to solve a problem that does not exist. And that cost does not include the additional -and considerable - expense of paying election workers. Moving ahead with the special election is the biggest in a large and growing pile of misjudgments the right-wing majority of the Huntington Beach City Council has made in its brief time in office. Moore, Tania From: Sent: To: Subject: Beverly Sansone <bsansone001@outlook.com> Tuesday, October 3, 2023 9:01 AM supplementalcomm@surfcity-hb.org City council meeting My comments for tonight's city council meeting: I have learned to "escape" Huntington Beach during the weekend of the air show, due to the excruciating, persistent noise overhead. Unfortunately, I didn't leave until Thursday and the "practice sessions" started on Monday. Also, I arrived home an hour too early and had to listen to jets flying overhead very low, very loud like I felt like I was in a war zone, as well as have to listen to car alarms going off due to the vibrations from the jets (needless to say the vibrations I felt in my home). Bev Sansone 1 Moore, Tania From: Sent: To: To Whom It May Concern, Kaitlin Mendoza <kaitlinjmendoza@gmail.com > Tuesday, October 3, 2023 9:18 AM supplementalcomm@surfcity-hb .org; CITY COUNCIL (INCL . CMO STAFF) I am sending this email to address the following concerns: Politicization of the Air Show No political candidate's should be allowed entry in the parade. Why was Trump's plane allowed to flyover? The Air Show should be non partisan and I am disgusted that it's become a political side show. This is a community event, not a chance to divide the city even further with political agendas and grandstanding. This should not be allowed . Charter Ammendments I am wholly against adding any of these to the HB City Charter. Especially the one concerning voter ID . The HB City Charter should reflect the guidelines of the city and NOT be used as political fodder. As a tax paying citizen I do not want to be footing the bill for new machines, more employees, training, maintenance, etc. There are already strict voting laws in place which is nothing new. STOP the political grandstanding . You are NOT reflecting the will of the majority of the citizens of HB . STOP using our city to try and further your own political agenda . Regards, Kaitlin Mendoza 1 Moore, Tania From: Sent: To: Subject: Susan E Turner <susanturnerart@gmail.com> Tuesday, October 3, 2023 10:09 AM supplementalcomm@surfcity-hb.org HB charter changes on ballot Hello city council, I DO NOT want to see City Charter Amendment on the ballot! Please hear what HB residents want. I've been living and working in HB for over 40 years! Sincerely, Susan Turner Sent from my iPad 1 Moore, Tania From: Sent: To: Subject: Councilmembers, imthewizardofroz < imthewizardofroz@yahoo.com > Tuesday, October 3, 2023 10 :17 AM CITY COUNCIL (INCL. CMO STAFF); supplementalcomm@surfcity-hb.org Re: Charter Amendments I demand that the Council listen to the voice of THE MAJORITY of HB RESIDENTS and VOTE NO on the proposed charter amendments.The entire process to create these amendments has been flawed. The idea that four members would vote for something that clearly a MAJORITY of the residents of HB have been speaking out against and both the Secretary of State and AG of California find illegal is RECKLESS and not acceptable. The Council has received letters from the California Secretary of State and the California Attorney General which question the legality of the proposed monitoring of official ballot drop boxes, as well as the proposed requirement to show an ID. Ignoring these letters would be irresponsible and would expose HB to a costly lawsuit that would undoubtedly be lost This is RECKLESS and NOT what our tax dollars should be used for. Our tax dollars should be spent on city services that will benefit the MAJORITY of HB residents. We insist that you hear the voice of the MAJORITY of HB RESIDENTS and vote NO. We are watching and will hold you accountable. Roz Espo sito Re sident of H B Sent from my Sprint Samsung Galaxy Note8. 1 Moore, Tania From: Sent: To: Subject: tjengland41@yahoo .com Tuesday, October 3, 2023 10 :41 AM supplementalcomm@surfc ity-hb.org Nov to charter amendments The 3 proposed charter amendments are POORLY thought out, POORLY written, and NOT NECESSARY! Please drop these COSTLY damaging amendments and quit spreading political dissection in our city! There is no evidence of voter fraud in HB! How did the 4 of you get elected if as you claim there was fraud. Totally illogical! TJ England Sent from my iPhone 1 Moore, Tania From: Sent: To: Subject: Dear City Council Members, Thomas Meisenhelder <tsmeisen@csusb .edu > Tuesday, October 3, 2023 11 :03 AM supplementalcomm@surfcity-hb.org; CITY COUNCIL (INCL . CMO STAFF) Charter Proposals As a resident and voter in Huntington Beach , I oppose the proposed charter amendments. They are foolish, punitive, and will have expensive and discriminatory consequences. I am especially opposed to the proposed changes in voting procedures and the requiring of an ID to vote . The ID requirement is clearly illegal and unconstitutional. Please rethink these foolish proposals . Thank you, Thomas Meisenhelder 20271 Sealpoint Lane Get Outlook for iOS 1 Moore, Tania From: Fikes, Cathy Sent: To: Tuesday, October 3, 2023 8:45 AM Agenda Alerts Subject: FW : Charter Amendments From: Laurence Elfenbein <elfland18@gmail.com> Sent: Monday, October 2, 2023 5:40 PM To: CITY COUNCIL (INCL. CMO STAFF) <city.council@surfcity-hb.org> Subject: Charter Amendments Dear Hungtington Beach City Council, For the record I am opposed to all of the proposed changes to the Huntington Beach City Charter. These include the following: . Reducing the qualifications for Elected City Clerk . Making the City Attorney no longer accountable to the City Council . Stopping all non-profits or government agencies from partnering with the City on real . . estate projects without the vote of the people . Having local elections conducted by the City instead of by the County Registrar . Requiring voter ID for elections . Allowing poll watchers at ballot drop-off locations . Changing the election cycle for City Clerk and City Treasurer to the same cycle as the Four Council Members . Giving the City Clerk and City Treasurer a one time six year term allowing that newly elected person to vest in CalPers their first term ( poor business practice) Changing the policy to ban the Pride Flag from being displayed on City property Why were the Australian and Canadian flags allowed to be flown on City property this weekend at the Huntington Beach Air Show on City property? Why are you proposing that this change be a unanimous when it only needs a majority to pass a law. Is this blatant discrimination? If You truly are interested in representing the residents of Huntington Beach, you should fmm a Bi-pa1tisan committee of citizens of our community to have input on any of these changes and to collect data on the costs that the City will incur to make these changes . In addition I attended the Air Show this weekend and enjoyed being able to relax with neighbors and visitors that were there to have a good time. Nobody expressed that the sounds of the air planes were the sound of freedom ( freedom from what? are we at war?). Also, if you were not able to attend are you not allowed to be a patriot of this country. I think the atmosphere that you have created by standing shoulder to shoulder with the "Proud Boys" and taking photo ops with them does not move the ball to the 50 yard line where we can sit down together to solve our problems to make Huntington Beach a better place to live. Respectfully, Laurence Elfenbein 526 22nd Street Huntington Beach, CA 92648 714 -851-4745 elfland 18@gmail.com 1 Moore, Tania From: Sent: To: Subject: -----Origina l Message ----- Fikes, Cathy Tuesday, October 3, 2023 8:45 AM Agenda Alerts FW : City council charter amendments From: Susan Matthewson <sgmatthewson@socal.rr.com> Sent : Monday, October 2, 2023 6:29 PM To: CITY COUNCIL (INCL. CMO STAFF) <city.council@surfcity-hb.org> Subject: City council charter amendments I go on record as opposed to these charter amendments. They are harmful, undemocratic, and written to promote an anti -democratic authoritarian rule of the city. No, no, no. Sent from my iPhone Sent from my iPhone 1 Moore, Tania From: Sent: To: Subject: -----Original Message----- Fikes, Cathy Tuesday, October 3, 2023 8:46 AM Agenda Alerts FW: Unnecessary Charter Amendments From: Linda Pohl <2trave1inpohls@gmail.com> Sent: Monday, October 2, 2023 7:17 PM To : CITY COUNCIL (INCL. CMO STAFF) <city.council@su rfcity-hb.org> Subject: Unnecessary Charter Amendments When our Huntington Beach budget is already stretched too thin you would like to add the burden of holding elections paid for by residents. I'm not sure what the fascination is for paying millions of dollars so you can promote the prestige of having and paying for a small number of voters to vote in person. The one positive I can see is shining a light on your poor budgeting skills. Hopefully this will show your constituents what bad judgement the council shows in promoting expensive ideas that does nothing to improve our City. Sincerely, A Very Concerned Citizen Linda Pohl Sent from my iPad 1 Moore, Tania From: Fikes, Cathy Sent: To: Tuesday, October 3, 2023 8:46 AM Agenda Alerts Subject: FW: Changes to the City Charter From: Barbara Richardson <hblibrarylady@yahoo .com> Sent: Monday, October 2, 2023 7:24 PM To: supplementalcomm@surfcity-hb.org; CITY COUNCIL (INCL. CMO STAFF) <city.council@surfcity-hb.org> Subject: Changes to the City Charter I am sending this email so my name will be on file that I am opposed to changing the city charter. Because I believe that the proposed changes are going to be put on the ballot for the residents to vote upon , I am requesting that they be listed separately and not bundled. I also believe residents should be warned how much the proposed measure to change cmTent election procedures will cost the city. Thank you, Barbara Richardson 50 year Huntington Beach Resident Sent from Yahoo Mail on Android 1 Moore, Tania From: Sent: To: Subject: Fikes, Cathy Monday, October 2, 2023 4:34 PM Agenda Alerts FW: Proposed Charter Amendments From: Sheila Ellis <shei1a.e11is78@gmail.com> Sent: Monday, October 2, 2023 1:14 PM To: CITY COUNCIL (INCL. CMO STAFF) <city.council@surfcity-hb.org> Subject: Proposed Charter Amendments I have watched the special council meetings the past three weeks and have seen the majority of resident public speakers opposing the charter amendments supported by the city council majority. The cost of putting these amendments on the ballot are unknown and additionally may put our city at risk of lawsuits, which would add to the ever growing legal costs being incurred by our city. There is also the question as to why these chaiier amendments are needed. As for the election changes, why? Do you have proof of fraud you are not sharing with the public? I heard City Attorney Gates state to Mr. Trump our city would impose voter suppression but again, where is the evidence of fraud? How can he make this statement not knowing if the amendments will be on the ballot, pass or will not be dismissed by a court? Why is there a need to change the requirements for City Clerk? Why the need to add a charter amendment to limit which flags can be flown? Why, why, why the need for any of these proposed amendments? I strongly oppose putting these chaiier amendments on the ballot and lumping together unrelated amendments. The council majority were voted into office on the platform of "no charter changes." Clearly, what they meant was only charter amendments which give them and the city attorney more power and suppress the residents' voices were allowable. There are many other needs which require the city's resources and should have priority and the attention of the council. As the public hearings have shown, the majority of residents oppose wasting money on these amendments and I urge the council to listen to and respect the residents' opinions. Sheila Ellis (She/Her) 1 Moore, Tania From: Fikes, Cathy Sent: To: Monday, October 2, 2023 4:52 PM Agenda Alerts Subject: FW : Amendment Items: Voter I.D . From: Suzanne Hart <hb.diva@yahoo.com> Sent: Saturday, September 30, 2023 12 :03 PM To: CITY COUNCIL (INCL. CMO STAFF) <city.council@surfcity-hb.org> Subject: Amendment Items: Voter I.D . Dear City Council members, I am writing to you with concerns regarding requiring voter 1.0. have heard a handful of your constituents argue that it is needed, even though you have now heard many, many times that voter fraud is not an issue in H.B. I have also heard people who argue that "You need an 1.0. to board ships, planes, ETC." While this is, of course, true, the fallacy in this point of view is that when one registers to vote, one must show 1.0. and a signature. I was quite surprised when Mr. McKean suggested that if one didn't want to show 1.0., then one should "Should vote by mail.' This doesn't make any sense! As I stated, one must present 1.0. and signature when registering to vote. Cast ballots are verified by the County Registrar of Voters at each election period. Therefore, you are promoting a solution for a nonexistent problem. Thank you for listening to my concerns, Suzanne Hart (25 year resident) 1 Moore, Tania From: Sent: To: Subject: Fikes, Cathy Tuesday, October 3, 2023 9:18 AM Agenda Alerts FW : Charter Amendments/Violation to Ordinance Re: Flags From: Mason Creyaufmiller <masongoes2college@gmail.com> Sent: Monday, October 2, 2023 8:19 PM To: CITY COUNCIL (INCL. CMO STAFF) <city.council@surfcity-hb.org> Subject: Charter Amendments/Violation to Ordinance Re: Flags To the Huntington Beach City Council: Last week during the discussion of the Charter Amendment regarding the flying of flags Councilman Burns was asked a question about whether flags in celebration of national various heritages could be "displayed" at the public library. Councilman Burns clearly indicated that no other flags could be flown on "city property" Imagine my surprise to see the Australian and Canadian Flags being flown on city property. Are fines going to be levied? Will you let the producers of the airshow know that it is not acceptable? 1 - I am also appalled at the council's use of the airshow as a political stunt by allowing the former president's plane to fly over the airshow. I do not buy that it was a coincidence. That would have been approved by the airshow. You clearly have no ability to discern right from wrong. The Trump campaign should be charged for the ad. I continue to oppose all proposed amendments. You violated our trust again when instead of allowing the 4 public meetings to go forward before you voted to move the amendments forward, you voted to move the voter ID, and flag amendments forward at the last meeting. The residents are going to be the victims of your hypocritical actions with regard to the charter amendments. We will be paying millions of dollars to run elections that are not safe and likely blundered since our city is ill equipped to run elections. I would not vote in this city if run by the city and many others will do the same. 84% ofresidents already vote by mail and many more will follow suit because of the distrust of this city council. It is obvious that you believe that if you do this you will be reelected, I think after 3 years of your bullshit, HB will make the right decision and get rid of you all. Hopefully you will be recalled prior to that. Laury Creyaufmiller Longtime Resident 2 Moore, Tania From: Sent: To: Subject: -----Origi na I Message----- Fikes, Cathy Monday, October 2, 2023 10:41 AM Agenda Alerts FW: A turning point From: Lisa Grinnell <lisaegrinnell@yahoo.com> Sent: Sunday, October 1, 2023 1:46 PM To: CITY COUNCIL (INCL. CMO STAFF) <city.council@surfcity-hb.org> Subject: A turning point Dear Members, I am a new resident of Huntington Beach, and was flabbergasted when I attended my first council meeting last Thursday. As I write this note, I'm listening to the airshow. These familiar sounds evoke positive memories for me of my dad and his military service that helped end Hitler. We were taught how the red flags of dictatorship showed up decades before and could have/should been stopped then . The content of the proposed amendments and the slipshod way they are presented to voters smacks of authoritarian dictatorship . Doubtless the bottomless pit of unknown costs, chaos, and practices of inequality inherent in the amendments are intentional. If you want to be known on the right side of history, vote no and stop these amendments now. Lisa Grinnell Huntington Beach 1 Moore, Tania From: Sent: To: Subject: Jeanne Whitesell <jswhitesell3211@yahoo.com> Tuesday, October 3, 2023 4:16 PM supplementalcomm@surfcity-hb.org; CITY COUNCIL (INCL. CMO STAFF) Proposed charter amendments Dear members of the HB City Council, Because of the unknown costs that will result in these Charter amendments, I am opposed to putting them on the prima1y ballot in the Spring. I also understand that, if they are included in the primaiy ballot, we cannot vote on individual amendments but either eve1ything or nothing. That certainly doesn't seem lil{e a ve1y good option for a thoughtful voter. It seems lllie the Council is inviting lawsuits, which enriches lawyers while using my tax money. I am having a hard time seeing how being caught up in the courts is improving Huntington Beach. Sincerely, Jeanne Whitesell 1 7922 Shoreham Lane HB, 92649 714 846 8978 1 SUPPU!ME \ITAL COMUUNiCATION ~ ~: IQ /5.ko~.3-·w-'tt -., .... Age nda ttem No .: s2 ~3 · B~'l,Lr:tffi Moore, Tania From: Sent: To: Subject: Jaime Kauffman Palumbo <Jaime@pmdl.me> Tuesday, Octobe r 3, 2023 4:18 PM supplementalcomm@surfcity-hb .org Comments for city council meeting To the Huntington Beach City Council, I am vehemently opposed to the changes proposed for the city charter, especially with regards to changes in how we vote. Nothing about the proposed changes are warranted or needed . Everything about them will be detrimental to our city. This will be a huge burden, in every way, for our city. How much money will this cost and how much chaos will ensue? So far, these special meetings have provided zero answers and seem to be simply a way to waste our time while hiding the fact that the majority on the council have no idea what they are doing. I am very pleased with how the OC Registrar of Voters handles my vote . I am notified in multiple ways any time my vote is handled and when it is counted . Any changes that imperils that system is dangerous and unneeded . Thank you, John and Jaime Palumbo 1 Moore, Tania From: Sent: To: Subject: Chris <1oaticus5@gmail.com> Tuesday, October 3, 2023 5:37 PM supplementalcomm@surfcity-hb.org Feedback on air show and proposed charter changes Hello, my name is Chris Kluwe, a 15 year resident of HB, and I'm sending this email to protest both the politicization of the air show by letting known criminal and treasonous ex-president Trump do a flyover, as well as the proposed changes to the city charter that will not only waste taxpayer dollars but are clearly designed to concentrate power in the hands of an unliked, selfish minority of four individuals who currently control the City Council {Strickland, Van Der Mark, Mckeon, and Burns, with honorable mention to non-first amendment cognizant Attorney Gates). These actions are those of buffoons and the intellectually ignorant, and not only embarrass our city, they embarrass the principles of America, including being free from the tyranny of religion, as well as giving everyone a chance to vote without unreasonable burden. I urge these incompetent and shortsighted individuals to reconsider their actions (knowing full well they will not) because I am tired of my city being not just a laughingstock nationally, but also a burgeoning haven for intolerance, racism, and white nationalism. The five names I have just mentioned are bad, should feel bad, and should never engage in the political sphere again without some deep reflection on their numerous shortcomings and disgusting embrace of fascism as a political tool. Sincerely, -Chris 1 Moore, Tania From: Sent: To: Subject: October 4, 2023 City Council Members, Betty Kanne <bettykanne@hotmail.com> Wednesday, October 4, 2023 6:05 AM supplementalcomm@surfcity-hb.org; CITY COUNCIL (INCL . CMO STAFF) No to bundling . No to March. No to Voter ID I ask that you abandon all efforts to place items on the March 2024 Ballot that would change our City Charter. The four majority members cravenly mislead voters by pledging not to alter the City Charter and are now poised to utterly transform it for their own political benefit. The Charter Review Ad Hoc Committee Proposals should be soundly rejected with varying levels of outrage and vehemence. Voter ID equals Voter Suppression. Admit that this wholly unnecessary, cynically crafted "reform" is a misguided mistake that will cost our city incalculable millions in lawsuits and ill fated attempts at execution. It's a poisonous "solution" in search of a non-existent problem dreamed up by MAGA Culture Warriors in pursuit of limiting voting by overt voter intimidation. Shameful! Abandon this costly perfidy! Michael Gates's bloated salary, bloated department and brazen bid for an unassailable budget in the rapidly approaching time of needed cutbacks is fiscal irresponsibility beyond imagination. And this cynical ploy is put forward by erstwhile "fiscal conservatives"!! For shame!!! Untether yourself from your pathetic subservience to your puppet masters Michael Gates and MAGA Extremists. Drop your effort to put these toxic changes to our city's permanent constitution on the March Ballot. If you must persist in this misguided madness: Uncouple any and all initiatives! Place Stand Alone items only so that they may be judged fairly by their own merits ( of flaws) and undergo the scrutiny of the electorate. Place any initiatives on the November, General Election Ballot. Let the full complement of voters consider the impacts of the proposals. An unwillingness to uncouple the initiatives and a persistence in putting them on the March Ballot with its scant participation is an overt admission of the deceit and subterfuge attendant in this entire Charter process. Vote no on Charter Changes. Betty Kanne Huntington Beach (40+ year HB resident, homeowner, unfailing voter) bett;ykanne@hotmail.com 1 Moore, Tania From: Sent: To: Subject: Louise Stewardson <1oustew75@gmail.com> Wednesday, October 4, 2023 8:25 AM supplementalcomm@surfcity-hb.org charter We do not need to change the city charter. It is too costly and unnecessary. Louise Stewardson 19741 Coastline Lane, HB 1 Moore, Tania From: vanessaweb@aol.com Sent: To: Subject: Dear Members of the City Council, Wednesday, October 4, 2023 9:51 AM CITY COUNCIL (INCL. CMO STAFF); supplementalcomm@surfcity-hb.org Charter Amendments When the newest members ran for this council, they ran on a "No charter amendment" platform. What has changed? Who is influencing them? How much money will be thrown away on unnecessary amendments when you were planning on limiting library hours and closing sites just 2 months ago? Our city does not need another costly lawsuit from the state. Our elections are secure in Orange County and this amendment would just be another waste of money. Please see the attached photo stating that the Orange County Registrar was granted the ISO 9001 certification in 1 2022. Voter ID at polling stations is not necess there are so many security features built Reg istrar's systems. In 2022, following 2 i ndependent audit process, the Oran~ Registrar of Voters was granted ISO~ certification, an international standard"' Orange County in the top tier of election ~ in the United States, regarding security a "Being awarded the ISO 9001 certificat build confidence among voters with th that we are holding ourselves to the hi~ detail, accuracy and integrity." --Neal Ki Registrar of Voters. The citizens of Huntington Beach deserve to have a full accounting of the airshow costs including all fees and subsides we've paid. How much did we make on the parking? My husband and I have lived in HB for almost 40 years and love our city. 2 Vanessa and Jeff Webster 3 Moore. Tania From: Sent: To: Subject: Jean Bogen <jeanbogen72@gmail.com > Wednesday, October 4, 2023 11 :40 AM CITY COUNCIL (INCL. CMO STAFF); supplementalcomm@surfcity-hb.org Proposed charter amendments Dear council members and committee members: I want you to vote NO on the charter changes. The process to create the changes has been flawed. I want you to vote NO because of unknown costs for a special election. Tax dollars should be spent on services benefiting the majority of its citizens . I want you to vote NO because the legality of the proposed monitoring of drop boxes and showing ID to vote in person is questionable. Another lawsuit by the State against Huntington Beach is also an unknown expense and not a wise use of our tax dollars. Please think long and wisely before casting your vote. Thank you. 1 Moore, Tania From: Sent: To: Subject: Mikel Hogan <mhogan072@gmail.com > Wednesday, October 4, 2023 3:22 PM supplementalcomm@surfcity-hb.org; CITY COUNCIL (INCL. CMO STAFF) Do Not Make Changes to HB City Charter City Council Members, I am writing to say do not make any changes to the HB City Charter. Such actions are undemocratic, weakens self-governance, is too costly and does not represent the best inte r ests of our city. Dr. Mikel Hogan, 50 year resident of Huntington Beach 1 Moore, Tania From: Sent: To: maryn427@gmail.com Wednesday, October 4, 2023 3:47 PM supplementalcomm@surfcity-hb.org To whom it may concern regarding tomorrow's agenda: You promised not to change the charter when you ran for your offices in the first place, but since you are reneging on that, I feel that the issues that are up for vote should be separate items, the bundling of unrelated items will cause so much confusion. Secondly, changes in the election process will incur costs when we are facing other financial issues. Isn't it illegal to run the city at a deficit???? I've lived in Huntington Beach for 51 years and there has never been a time when I've felt like our city government is not governing in in our best interests. Thank you, A very concerned resident . 1 Moore, Tania From: Sent: To: Subject: nora pedersen <pedersennor@gmail.com> Wednesday, October 4, 2023 4:21 PM CITY COUNCIL (INCL. CMO STAFF); supplementalcomm@surfcity-hb.org Fair Elections Wouldn't it be great if Tony Strickland and Michael Gates had to testify under oath? At the same time that they are playing good citizens, they are doing a very poor job of covering up their conuption. In cahoots with Gracie Vander Mark, our Mayor Pro Tern Christian Nationalist, they are trying to take over city elections from the county that has run unquestionably fair elections for decades. This is c01Tupt governance. Real fiscal conservatives would not force taxpayers to pay 1.2 million dollars for an election that only benefits themselves! Do not tinker with our elections. Nora Pedersen Huntington Beach 1 Moore, Tania From: Sent: To: Subject: Dear Council Members, Linda Law <lindaklaw@aol.com> Wednesday, October 4, 2023 4:49 PM supplementalcomm@surfcity-hb.org Please reconsider proposed charter amendments Please reconsider adding the proposed amendments to the city charter. These proposed charter amendments are unnecessary and potentially very expensive. I understand that the city has limited funds and this seems a very poor use of those funds. I object to the city considering amendments that were not reviewed by a public commission. The costs to add these amendments to the ballot are unknown. There is no evidence of voter fraud that requires the monitoring of poll places or the presentation of a voter id. Actions like this invite lawsuits and seem utterly pointless. Thank you for your time. 1 Moore, Tania From: Sent: To: Subject: Judith Lewis <judilew22@gmail.com> Wednesday, October 4, 2023 5:29 PM supplementalcomm@surfcity-hb .org; CITY COUNCIL (INCL . CMO STAFF) Proposed Ballot Issues I have watched all your deliberations to date on the proposed ballot issues and see no merit to them. Your Voter ID and ballot box monitoring proposals are especially onerous and will cost the citizens of Huntington Beach millions of dollars. A waste. Please do not vote for these--although from my observations, the majority has already made up its mind and no reasoning or facts will change it. There will be consequences. Judith Lewis 4057 Warner Ave, Huntington Beach Ca 92649 36 year HB resident 38 year public service; retired Captain L.A. County Sheriffs M.A. Public Administration 1 Moore, Tania From: Sent: To: Subject: Mary Ann Celinder <macelinder@gmail.com > Wednesday, October 4, 2023 8:09 PM CITY COUNCIL (INCL. CMO STAFF); supplementalcomm@surfcity-hb .org re : elections It makes absolutely no sense for the city to run elections when the county has such a great system and fraud is seriously not an issue. I've never missed an election since I became eligible in 1972, not ever. I've always enjoyed going to the polls as part of the process but since covid, I've also liked filling out the forms in the comfort of my own home . It's also much easier for my mother who does not have mobility. Since voter ID is also suggested, does that mean the intent is to eliminate or restrict voting by mail? The current system is very efficient. I rece ive notice when my ballot is counted. The computerized system to see results is fast . Why reinvent the wheel? Is it just so you can have the poll watchers to intimidate voters? Or is the intent to suppress voting? Or bleed the city dry? This would cost the city more than the cost of running elections because it WILL be challenged and lost in court. NO CHANGES TO HB VOTING! Mary Ann Celinder 21341 Fleet Lane Huntington Beach Ca 92646 www.customleadedglass .com 1 Moore, Tania From: Sent: To: Subject: Mary Ann Celinder <macelinder@gmail.com> Wednesday, October 4, 2023 8:13 PM CITY COUNCIL (INCL . CMO STAFF); supplementalcomm@surfcity-hb.org playground improvement I'm all for playground improvements but then it's packed in with requiring a unanimous vote to reduce the salary of the city attorney? Was the vote to give him that ridiculous rais unanimous? Sounds like someone wrote this amendment to serve himself. Did Gates author it? Yes, on playgrounds but remove it from anything else. Mary Ann Celinder Celinder's Glass Design 21341 Fleet Lane Huntington Beach Ca 92646 studio 714 962 8361 cell 714 504 8361 www .customleadedglass .com 1 Moore, Tania From: Sent: To: Subject: Hello, Renette Mazza <RMazza@grafairfreight.com> Wednesday, October 4, 2023 8:18 PM supplementalcomm@surfcity-hb.org 2. 23-844 City Council discussion for potential Charter amendments to be considered for the March 5, 2024 Statewide Primary Election. I Renette Mazza agree with and support all charter amendments put forth and support the ballot measures to move forward. Warmest Regards, Renette Mazza 253-606-4013 Zip Code: 92647 Residing in Huntington Beach 1 Moore, Tania From: Sent: To: Subject: Elizabeth SanFilippo <elizabethsanfilippo@fuller.edu> Wednesday, October 4, 2023 8:30 PM CITY COUNCIL (INCL. CMO STAFF); supplementalcomm@surfcity-hb.org City Charter Changes --Opposed I am a Huntington Beach resident and home owner for over thirty years and am opposed to the potential City Charter changes regarding how elections will be conducted . Evidence has not been presented demonstrating that there are any election issues that justify changes to voting in Huntington Beach. It is my understanding that the Orange County Registrar has been acknowledged as very effective in administering this impmtant responsibility. The proposed changes could place unnecessary burdens on citizens as we exercise our right to vote and thereby prevent people from voting. The City has been advised by the State Attorney General that the changes contemplated to our Charter could be illegal and if passed would result in a lawsuit. Since the City Council recently contemplated budget cuts to services provided to residents and there are projected future deficits, I am concerned about the costs of this ballot measure, the legal costs to defend it if passed, and if implemented the costs associated with the changes. To be financially responsible, the potential Chatter Changes should not be placed on the ballot. Thank you for your consideration. Elizabeth San Filippo 1 Moore, Tania From: Sent: To: Subject: Mary Ann Celinder <macelinder@gmail.com> Wednesday, October 4, 2023 8:31 PM CITY COUNCIL (INCL. CMO STAFF); supplementalcomm@surfcity-hb.org Charter changes/air show When I moved here in 1978, I never would have guessed that in a few years , Huntington Beach would be dubbed the Skin Head Capital of Orange County. For some reason, Skin Heads Nazi sympathisers, White Supremists and the radical right, are attracted to this city. Since then, the city has cleaned up its reputation, or has it? With the proposed changes to the city charter, I feel like those skin heads grew up to be not only voting, but serving in the city leadership. Photos of Van Der Mark with Oath keepers and Proud boys completely disqualify her . Disgraceful. She should be removed . I feel like we have very dark days ahead if the majority rams through the ridiculous and expensive amendments and puts them on the ballot. Also, it was really wrong to turn the air show into a prop for the former president . A con man, liar, rapist does not deserve to be addressed as sir and honored by the city. We know he calls the military losers and suckers; he shouldn't have shared airspace with men of honor. Having his voice broadcast over our air was outrageous . Mary Ann Celinder 21341 Fleet Lane Huntington Beach Ca 92646 1 Moore, Tania From: Sent: To: Subject: Hello, Kathy McGuire <kzm@dslextreme.com> Wednesday, October 4, 2023 8:31 PM supplementalcomm@surfcity-hb.org Charter Amendments I oppose all of the proposed charter amendments . They are not needed and they will cost money that the city needs for other necessities. Vote no. Reject all of the charter amendments. Thank you, Kathy McGuire 1 Moore, Tania From: Sent: To: Subject: Douglas Hart <dbhart2001@yahoo.com> Wednesday, October 4, 2023 9:08 PM CITY COUNCIL (INCL . CMO STAFF); supplementalcomm@surfcity-hb.org Comments on Proposed City Charter Amendments I am writing concerning the proposed Charter Amendments once again . Despite enormous opposition by the citizens of Huntington Beach, it seems clear that the City Council majority does not want to listen . Desp ite running on the promise of no Charter amendments, the Council majority has reneged on that promise by putting these amendments up for a vote . Despite being Republicans that supposedly stand for "fiscal responsibility", the Council majority is about to commit the citizens of Huntington Beach to the potentially huge costs that will be incurred implementing these amendments , none of which actual solve any real problems . The Council majority is about to try to implement amendments that will certainly result in lawsuits , draining even more money out of the citizens' pockets. The Council majority seems to want to bankrupt the City instead of solving actual problems. And they have so little confidence in what they are proposing that they are willing to have a costly special election in March where fewer voters are likely to participate rather than having this travesty face a lot more voters in the less costly November general election . The Council majority can stop this insanity by ending this amendment process right now. I strongly urge you to end this . If the Council majority can 't see fit to listen to the people and not misuse our tax dollars, perhaps it is time to consider recalling the current Council majority and replacing them with someone more responsible . VOTE NO ON THE CHARTER AMENDMENTS!! Douglas Hart 5221 Chadwick Drive Huntington Beach , CA 92649 1 Moore, Tania From: Sent: To: Subject: Hi, Cristina Caldera <cca1dera80@gmail.com> Wednesday, October 4, 2023 9:52 PM supplementalcomm@surfcity-hb .org Charter Amendments I am a resident of Huntington Beach for 9 years now. My family and I live in the Harbour. Lately, I am ashamed and do not agree with the current city council and the proposed charter amendments . I think you all should stop wasting the tax payers money with this unnecessary election. If you feel so strongly about it, add it to the general election. Do your job and actually fix things in the city like the drunk drivers hitting people, homelessness, crime. Pick something that actually matters! Stop being shady and messing with the voting system . Feel free to call me with any follow up questions . Cristina Caldera 310-699-8446 1 Moore, Tania From: Sent: To: Subject: Dear City Council Mary Camarillo <mpcamel0219@gmail.com > Wednesday, October 4, 2023 10 :04 PM supplementalcomm@su rfcity-hb.org We don't need charter amendments There is no need for the charter amendments you are proposing for voting. There is nothing wrong with our current voting procedures. Charter changes are an unnecessary expense . Please do not revise our city charter or our voting process. Mary Camarillo HB resident 1 Moore, Tania From: Sent: To: Subject: Steven C Shepherd Architect <steve@shepherdarchitects.com> Wednesday, October 4, 2023 10 :30 PM CITY COUNCIL (INCL. CMO STAFF); supplementalcomm@surfcity-hb .org STILL OPPOSED TO THE PROPOSED CHARTER AMENDMENTS & THIS DEEPLY FLAWED PROCES You could have one thousand meetings to discuss these city charter amendments, and it wouldn't change the facts . The proposed City Charter Amendments fail on the merits and due to the deeply flawed process employed to bring these proposals forward. In completely ignoring the recommendations and efforts of last year's resident-led Charter Revision Committee, you insult our community and undermine trust in competent local governance. I feel so strongly about this that I am actually emailing you while I'm away on business. I guess I'm hoping that my comments will help me return to a community governed by some level of competence and sanity. Steve Shepherd Huntington Beach, CA 92646 1 Moore, Tania From: Sent: To: Cc: Subject: StarsStripes <starsstripes@me.com > Wednesday, October 4, 2023 11 :OS PM CITY COUNCIL (INCL . CMO STAFF) supplementalcomm@surfcity-hb .org 10-5-23 City Council Meeting, 6pm I do support the proposed charter amendments. I am for Section 806, Display of Flags I do support Voter ID for elections, In Person Voting, & Monitoring of Drop Boxes. I will say as I said before, I do not think these go far enough . We do have voter fraud happening around the country and I do not believe that we are not immune to it in Orange County. Governor Newsom just passed a CR saying there will be no hand counts in California. What is he trying to hide? There are 6 areas that are ripe or weak vulnerabilities for Voter Fraud . 1. Electronic Voting machines. We have been told that none of these machines are connected to the internet and they can 't be uploaded with scripts via a USB jump drive . Then we find out they can be connected to the internet and have usb ports to upload scripts. This is a high vulnerability for fraud . I recommend Hand counts like the old days . Eliminate the vulnerability. 2. Signature Accuracy checks . These can be manipulated on electronic machines. They can be dialed up and dialed down to pass or reject anomalies in the signature . I know in Arizona, news outlets reported these were turned down to 30 %. Literally passing everything. Again this is a vulnerability that is ripe for fraud . Michigan just had a massive signature fraud scheme uncovered. https://michiganadvance.com/2022/05/24/massive-signature-fraud-scandal-upends-michigan-gop- gubernatorial-race/ My suggestion is to hand check them during the hand count vote. 3. Drop boxes are a huge vulnerability for fraud . There are numerous documented massive dumps in the boxes all over the country. My suggest ion is to have a drop box at each voting i n person voting center. Hand the vote to one of the workers. 4. Single day voting. Voting is the most sacred right to be an American . It is for Legal Americans . You make arrangements to vote on that day. Pass legislation that requires employers to give workers time to vote that day . If you can't make it because of travel, you need to pre qualify to send in an absentee ballot. 5. Mailing out ballots to everyone on the voter roll. Unless you have clean rolls, this is ridiculous. Eliminate it. It is a waste of money that is high in vulnerabilities. 1 6. Ballot Harvesting. Ripe for Voter Fraud. There has to be a chain of custody of these. If someone walks into a voting center with 10 ballots, they need to go through an audit on site for those ballots . Registered voter needs to be verified, signatures need to be verified, the person bringing the ballots in needs to register them so if there is any problems, we know who to contact .. No Ballot can just get dropped off. We have to have election integrity in America Let's talk about Voter rolls Electronic Registration Information Center, known as ERIC an obscure nonprofit that is meant to clean voter roll and reach out to eligible but unregistered voters . It was originally funded by George Soros Open Society and now is funded by state election agencies. They have been accused of not cleaning the voter rolls and leaving them bloated with dead people and people that have moved out of the area. It has got so bad that Louisiana, Alabama, West Virginia, Missouri, Ohio, Virginia, Florida, & Iowa have left Eric and many more states have put forth legislation to leave them . You guessed it, Orange County uses Eric ! I have tried to get answers out of the registrar's office to see how many people have been removed from the rolls because of death or moving out of the area . I have not been able to get any answers. My confidence in our voting rolls being clean is 0%. I keep hearing Orange County has won awards but that is the people that basically run it giving themselves an award. Just like Hollywood. Robert Cloyd Huntington Beach Resident 2 Moore, Tania From: Sent: To: Subject: Mayor and Council Members: Paula Schaefer <pas92649@gmail.com > Wednesday, October 4, 2023 11 :17 PM CITY COUNCIL (INCL. CMO STAFF); supplementalcomm@surfcity-hb .org Opposition to Charte r Amendments This email is really for the newly-elected members : Please stop this charade that you are proposing these changes because you 're committed to "saving Surf City ." The past few meetings make it apparent to the majority of HB residents that you have not done adequate research as to the costs of these proposed amendments, the legality of the timing of them, or alternatives to a charter amendment. If you had put forth even a minimal amount of effort, you would have learned of previous efforts, known of the costs, and discovered alternatives to amending the charter-such as an ordinance . Rather, you attempted to ram through a hodgepodge of poorly thought out proposals that were at-times incomprehensible . It is apparent to me -and many of the City's residents that your intentions are to govern by culture war issues such as voter or election fraud , gay rights, and book banning . I believe these proposed charter amendments are inappropriately and illegally being placed on the March 2024 ballot. I also believe that this is a waste of taxpayers money and that the measures will fail. I believe that if you vote to approve these proposed charter amendment that the City will be sued -and lose, thus resulting in an even greater waste of the City's money and further damaging the City's reputation. Paula A. Schaefer 30+ year resident, homeowner, and voter 1 Moore, Tania From: Sent: To: Cc: Subject: 2el1enri1ey@gmail.com Wednesday, October 4, 2023 11 :24 PM CITY COUNCIL (INCL. CMO STAFF) supplementalcomm@surfcity-hb.org Charter Amendment Huntington Beach has majority Republican party voters . Republicans identify as conservative (preservative), but there's nothing conservative about the extensive new changes the Charter calls for. If only the Council listened to their constituents numbering close to 300 who have spoken at these meetings against the broad government overreach proposed with our taxpayer dollars . Where is your fiscal responsibility when the city needs the money for the major crime ,housing , and homeless problems we face? Use of 1.2 million of our dollars just to get on the ballot and if it wins the 2 million more to set polling stations, poll watchers, ballot boxes and all materials needed for elections violates the needs of the people of our fine city . It is big government in action! Ellen Riley long-time resident Taxpayer 1 Moore, Tania From: Sent: To: Subject: Dear City Council Members, Jeanne Farrens <jeannefarrens@gmail.com> Wednesday, October 4, 2023 11 :56 PM supplementalcomm@surfcity-hb .org Opposition to Charter Amendments First I want to thank Councilman McKeon for being responsible for taking the charter process out from behind closed doors and opening it up to public input. And also for listening and being open to reconsideration of the amendments. It is clear that of all the new majority members, given his previous experience on past city charter committees, Councilmember McKeon has the most experience regarding the charter review procedures. Why is it that he was the only member of the new council majority who wasn't included on the ad hoc committee? It is curious -I daresay, suspicious -that the other members would ignore his expertise. Had these open public meetings been implemented as part of the ad hoc committee process from the beginning, much time would have been saved, and public outcry could have been avoided. I am grateful that he responded to his supporters' concerns and demands to allow the public to be heard. As a member of that public, I am concerned by the Council's desire to change the charter, and I must express my opposition to all the charter amendments for several reasons. First, as speakers have pointed out at the special Thursday meetings, these amendments will enshrine their proposals in what amounts to the city's Constitution, making it extremely difficult for any future city councils to change them, and especially when at least one of them -regarding the city's flag policy -is already a city ordinance. I'd like to point out that had it been in the charter, the city would have broken the law this past weekend by flying both the Australian and Canadian flag next to the American flag at the Pacific Airshow. Additionally, the way the amendments are bundled with 3 or 4 irrelevant proposals demanding either a yes or no vote all in one measure does not encourage voter participation or faith in the election -something Councilman McKeon stated was the main purpose of these amendments -but rather it creates confusion and forces the voters to either vote for something they do not agree with to support something they do, or, to just not vote at all. How is this preserving the integrity of elections? Above all, while the majority council has insisted that this is not an attempt to take over elections from the County, if the voting measure is placed on the ballot, that's exactly what will happen . It is a certainty that HB will be sued by Sacramento if the voter ID proposal passes. In fact in a Thursday news release, A.G. Bonta promised as much. 1 Not only did Banta state that requiring voter ID. conflicts with state law, but he also pointed out that the city has not identified any basis for its voter ID proposal. Nor has any of the Council Majority identified such when asked directly by speakers to do so. Last week City Attorney Gates insisted that as a Charter City, HB has a legal right to require ID. He cited as evidence a lawsuit in which Redondo Beach (a charter city) won a lawsuit regarding their right to oversee municipal elections. The lawsuit -the City of Redondo Beach vs Padilla (the CA Attorney General at the time) - involved Redondo Beach setting its own date for election but had nothing to do with voter ID, which is a much more fundamental issue -in Bonta's words, it is the "foundation of our democracy". So it is unlikely this example of case law will stand up. Thus, in addition to the possible million dollars it will cost to put the measure on the ballot, HB taxpayers will likely be paying several more millions fighting a state lawsuit, not to mention unknown costs to facilitate and run its own election (as the County is sure to refuse to oversee the election given A.G . Bonta's warning). Important issues such as training poll workers, locating adequate ADA polling locations, costs of voting and monitoring equipment, procedures for the counting of ballots, including mail-ins, and the associated expenses have neither been identified nor enumerated in the proposals. Not to mention the time it will take to implement these changes. Are we expected to vote on the measures without knowing these specifics and costs? By March 5th? Finally, I object to these proposals as being nothing more than evidence that the city council dais no longer functions as a non-partisan podium to promote policies to protect the people and Huntington Beach, but it has now become a politicized partisan platform for promoting a MAGA agenda including protections against false conspiracies of voter fraud . As further evidence I cite the public "thumbs up" endorsement of Donald Trump by both Mayor Strickland and Attorney Gates at this weekend's Anaheim appearance of the former president and of Attorney Gates' promising that in HB we are "promoting voter ranking at the local level" (an announcement of policy in direct conflict with his position as a non-partisan representative of the citizens). I would like to know what Attorney Gates is talking about since those words do not appear anywhere on any measure. What new nefarious measures can we expect to be introduced -measures that rather than protecting voter integrity are an assault against it? If the council is serious about promoting election integrity, they must not move ahead with these unnecessary, poorly written and potentially illegal charter amendments. And let our award winning Orange County Registrar of Voters continue to oversee fair and safe elections in Huntington Beach . 2 Jeanne Farrens 3 Moore, Tania From: JC <qhlady@me .com> Sent: To: Cc: Subject: Thursday, October 5, 2023 12 :14 AM CITY COUNCIL (INCL . CMO STAFF) supplementalcomm@surfcity-hb.org 10-5-23 City Council Meeting, 6pm I COMPLETELY SUPPORT the potential Charter amendments to be considered for the March 5, 2024 Statewide Primary Election. I support Voter ID for elections, more in-person voting locations and monitoring of drop boxes. I support moving any/all sex/porn related books/etc from the Children's Dept. to the Adult Dept. I welcome oversight since the Library seems to have a problem. I support the proposed display of Flags. I support Biennial Budget. I could list more, but believe it isn't necessary. For the record, the handful of haters that appear to attend every meeting absolutely DO NOT represent the 200,000 residents of Huntington Beach. Long Live the Republic of California and America ! (as so stated on our California Flag and Pledge of Allegiance) Jean Cloyd resident of Huntington Beach 1 Moore, Tania From: Sent: To: Cc: Subject: MARILYN Boehm <beachmama7@msn.com> Thursday, October 5, 2023 12 :23 AM CITY COUNCIL (INCL . CMO STAFF) supplementalcomm@surfcity-hb.org Opposition to City Charter changes I am strongly opposed to changing the City Charter to add mandatory voter I.D. The state Attorney General has already advised that he will file suit to this illegal amendment. Rushing this matter to a vote on the March ballot will cost the City in excess of $400,000 for a change that has already been declared illegal. With the State A.G. promising to challenge this voter I.D. provision, it could cost the city millions of dollars for this unnecessary and costly mandate. We already have in place an excellent, safe, and fair system through the Registrar of Voters. There is no need to switch to a system whereby the City becomes in charge of voter compliance, especially through voter sites scattered throughout the city. Eighty percent of voters, including me, prefer mail-in ballots. This new system may preclude my ability to mail in my ballot. In exchange, I will most likely have to vote in person, and I have a distrust in a City system that has not yet been established and/or shared with residents. Vote NO on Voter I. D. Marilyn Boehm, HB resident 1 Moore, Tania From: Sent: To: Subject: MEG ROBINSON <twokyu@aol.com> Thursday, October 5, 2023 12:24 AM supplementalcomm@surfcity-hb.org Ballot charter amendments They were a bad idea 4 weeks ago . They are an even worse idea now that costs have come out. I oppose them all Margaret "Meg" Robinson 1 Moore, Tania From: Sent: To: Subject: MARILYN Boehm <beachmama7@msn .com > Thursday, October 5, 2023 12 :32 AM supplementalcomm@surfcity-hb.org Opposed to flag ordinance I am strongly opposed to eliminating the pride flag during Pride Month and, instead, limiting the choice of flags to be flown by the City Council. Why is it that we showed a Canadian flag at the Airshow, an event that has still not been made transparent according to how much it cost the taxpayers? If we are willing to fly an Olympics flag, which has nothing to do with our city, why not show the world that we are an inclusive city by flying the pride flag? Is it up to the City Council to decide which events· are meaningful and which are not? Shouldn't the residents of HB make that call? Vote NO on the flag ordinance. Marilyn Boehm, resident of HB 1 Moore, Tania From: Sent: To: Subject: Kathey <kathey_haas@hotmail.com > Thursday, October 5, 2023 3:19 AM supplementalcomm@surfcity-hb.org Charter Amendments Mayor Strickland, Mayor Pro Tern Van Der Mark and members of the City Council : Thank you for your review of the City Charter, your special meetings on this topic and the opportunity for input from the public. I support the revisions to the Council Vacancies, Biennial Budget, Elections and Flags . I look forward to seeing these proposals on primary ballot in March 2024 where all the voters in Huntington Beach will have the opportunity to weigh in, not just the vocal few who are able to attend the special meetings. Thank you for your efforts on behalf of all the residents of Huntington Beach! Sincerely, Kathey Haas 50 year home owner and resident Sent from my iPhone 1 Moore, Tania From: Sent: To: Cc: Subject: Andrew Einhorn <andreweinhornpt@gmail.com > Thursday, Octobe r 5, 2023 7:09 AM CITY COUNCIL (INCL. CMO STAFF) supplementalcomm@surfcity-hb.org Thursday Night Meeting Dear City Council, I do not support any of your charter amendments. Please stop wasting tax payer money on these worthless measures. Your GROUP THINK governmental rule needs to go back to drawing board. Conduct your job and take are of our streets, beaches, local control of crime, figure out and develop a plan with the help of the costal commission how to fix PCH south of seapoint as sea level rises. This is your job! Finally, GET THE AD HOC COMMITTEES BACK; YOU NEED ALL THE HELP YOU CAN GET! Sincerely, Andrew Einhorn HB resident and I am sure one of your favorite speakers! 1 Moore, Tania From: Sent: To: Subject: Council, Kirby McCord <kirbymccord@gmail.com> Thursday, October 5, 2023 7:38 AM supplementalcomm@surfcity-hb.org Dear council Is it true that Kevin Elliot gave dignitary passes to 4 of 7 council members and their families? And of course, Gates and family. Are these the same four that settled with Elliott and won't release the terms of the multimillion-dollar settlement? Is this the same Kevin Elliot who was a college roommate of Mayor Strickland? Vote no on changing elections. Vote no on the charter changes. Kirby McCord Resident 1 Moore, Tania From: Sent: To: Subject: Susan Turner <saturner8@verizon .net> Thursday, October 5, 2023 7:40 AM supplementalcomm@surfcity-hb.org; CITY COUNCIL (INCL. CMO STAFF) Strongly Oppose Voter ID Requirement Dear City Council Members, I am a 60 year resident of Huntington Beach. I continue to strongly oppose all of the proposed charter amendments as written. The majority of HB citizens who have spoken at each meeting have clearly presented strong rationale for removing these proposals. The most concerning of the proposed amendments is the Voter ID requirement. Mayor Strickland, the HB citizens and the City Council Members who support the Voter ID requirement have yet to produce one piece of evidence of voter fraud in Huntington Beach. Proposing and supporting a Voter ID requirement proposal demonstrates a lack of education or a willingness to spread voter fraud misinformation. It was pointed out at the previous meetings, that HB voters can vote in other Orange County cities, no voter ID required. Not only is there a large cost to put this amendment on the ballot, there is also the strong possibility of CA State and private lawsuits plus the very real possibility of HB being required to run our own elections. Who wins in this situation? The Council Majority receive publicity but mostly the lawyers and courts receive great financial gain on HB citizens tax money. You have read the letters from Attorney General Rob Bonta and CA Secretary of State Shirley Weber warning that this proposal is in conflict with State Law. You have seen the emails, letters and heard the majority of voices opposing this amendment. You have heard the City attorney say something to the affect that we could possibly win in court because of some other cases in the State. Really? How many written letters and emails in opposition to the Voter ID requirement vs support have you received? How many speakers have spoken in opposition and support have you received? Of those is support, how many had verifiable facts regarding voter fraud in Huntington Beach? Please show me verifiable facts that demonstrate a broken system that we, the citizens of HB, need to spend potentially millions of dollars in placing this amendment on the ballot, litigating it and if won, implementing it. Mayor Strickland and Council Majority will you choose to carry forward this proposal in spite of the large HB citizen opposition? Thank you for your consideration, 1 Susan Turner 2 Moore, Tania From: Sent: To: Cc: jodykyle1@aol.com Thursday, October 5, 2023 8:03 AM supplementalcomm@su rfcity -hb.org; CITY COUNCIL (INCL . CMO STAFF) Jody Kyle Subject: City Council Meeting for Oct 5, 2023 --Fw : Statement on Final Election Results Dear Council Members, I am a 25 year resident of Huntington Beach and am writing regarding the upcoming city council meeting on October 5, 2023 . I strongly oppose the Voter ID and Flag amendments to the City Charter. Regarding the Voter ID charter amendment, I am forwarding another email I received from the Fred Whitaker, Chairman of the OCGOP . The email is dated November 17, 2022 and, among other things, the email addresses ballot harvesting and universal vote by mail. The email tells Republican voters that: "The 2024 election begins now . As the final results come in, we will have raw data to review and determine what worked and what we need to improve on. What we know immediately is ballot harvesting has made democracy about who can collect and turn in more ballots rather than earning votes. Until we can eliminate ballot harvesting and universal vote by mail, Republicans must adapt and win. " An email from Fred Whitaker dated October 13, 2022 states : "Only with Republican victories can we pass important Election Integrity legislation including Voter ID and finally end universal vote-by-mail. " Clearly, the proposed Voter ID charter amendment comes not from Huntington Beach residents but directly from the OCGOP . Mayor Strickland has an interesting "tell". During the city council meeting on September 14, 2023 I made one brief mention of ballot harvesting in my comment period. In the general discussion period among the council members Mayor Strickland was quick to assure the council and audience that ballot harvesting was the law. It seemed like an odd non sequitur at the time . In light of the attached email, it seems as if Strickland has already had ballot harvesting discussions with some other party . The CAGOP and OCGOP have a questionable history with ballot harvesting. During the 2020 election : • the OCGOP placed illegal drop boxes through out the county . https ://www.nytimes.com/2020/10/12/us/pol itics/california-gop-d rap-boxes . html https://apnews .com/article/los-angeles-fresno-elections-california-santa-ana- be803bfe99f5eb35e17a6ee56315deb0 1 • two Orange County GOP candidates were investigated for running at least one illegal Vote Center. https ://voiceofoc. org/202 0/11 /elections-officials-and-da-i nvestig ate-alleged-fake-vote-center-in- westm i nster/ The OCGOP and CAGOP have a dubious history with election integrity . Are Huntington Beach residents to believe that an election system designed by the majority city council members (no doubt in conjunction with the OCGOP) are free, safe, and fair? I think not. Best Regards, Mary Kyle -----Forwarded Message----- From: Republican Party of Orange County <reply@ocgop .org> To: "jodykyle1@aol.com" <jodykyle1@aol.com> Sent: Thursday, November 17 , 2022 at 05 :34:46 PM PST Subject: Statement on Final Election Results FOR IMMEDIATE RELEASE November 17th, 2022 Statement on Current Midterm Election Results Orange County, CA -Hon. Fred M. Whitaker, Chairman of the Republican Party of Orange County, released the following statement on the final Midterm Election results: "The 2022 midterm election cycle brought victories to be celebrated, lessons to be learned and work still to do. As Chairman, I oversaw the largest GOTV effort in Orange County for a midterm election. Orange County volunteers knocked on 548,513 doors and 937,360 phone calls in voter contact. We raised over $1.5 million that went 2 directly into field operations, mail, digital ads and text messaging to support our candidates. For the first time since 2010, all Republican statewide nominees for partisan offices won in Orange County . We reelected every single Republican countywide candidate from Sheriff to District Attorney. We outpaced Democrats in turnout by almost 30,000 votes . And we led the largest election integrity effort in history before the election with poll watching teams , observed as ballots were counted and cured Republican ballots whose signatures were not verified to fight for every single vote . There are a little more than 26,000 ballots left to count in Orange County , but the final results in our most competitive races are clear . I want to thank the 119 candidates we endorsed for running strong races and carrying the Republican banner across the county. Republicans have officially taken the majority in the House of Representatives and Nancy Pelosi will never serve as Speaker of the House again. Congresswomen Young Kim and Michelle Steel will be returning to Washington D.C. to represent Orange County after strong victories. Republicans Scott Baugh and Brian Maryott ran incredible campaigns that came down to the wire as some of the last races called in the nation. Both campaigns were selfless coordinating with the races below them and lifting up those seats. I could not be prouder of the races they ran, forcing Joe Biden to come to Orange County twice and costing national Democrats millions to protect these seats. Orange County Republicans will also send our strongest delegation to Sacramento in the state legislative races. Senators-elect Janet Nguyen and Kelly Seyarto won decisive victories and Assemblyman Phillip Chen and Assemblywoman Laurie Davies will be joined by Assemblymembers-elect 3 Diane Dixon, Tri Ta and Kathryn Sanchez. In our final county races, Pat Bates and Peggy Huang ran close races, but the numbers remaining do not appear to be enough to win these seats . We spent hundreds of thousands of dollars in Pat Bates race alone and coordinated all of our efforts with her campaign and the underlying races . I want to thank them for their efforts and willingness to run and fight to protect Orange County. In our local races, Republicans swept critical City Councils in Huntington Beach, Newport Beach, Brea, Dana Point, Fountain Valley, Lake Forest, Mission Viejo, San Juan Capistrano, Rancho Santa Margarita, Laguna Hills, Tustin and Yorba Linda. We also protected our Council majorities in Laguna Niguel, Orange and San Clemente . We competed in every race down the ballot including our critical school board races with strong Republican victories from reelecting Michelle Barto in Newport-Mesa and Judy Bullockus in Capistrano Unified to Todd Frazier flipping a Democrat seat in Placentia-Yorba Linda . We also took back the majority on the Orange Unified School District with Madison Klovstad Miner I want to take a moment to thank Assemblyman Steven Choi, Matt Gunderson, Rhonda Shader, Soo Yoo, Eric Ching, Chris Gonzales, Mike Tardif, Mitch Clemmons and Raul Ortiz for running strong campaigns and against the realities of redistricting all performed above party registration in Democrat heavy districts. Soo Yoo in particular came within a few thousand votes of defeating Sharon Quirk Silva showing us that seat is ripe for the taking. Each of these candidates brought the Republican Party closer to victory and built the foundation for future campaigns. A single election cycle cannot change a county. Democrats learned that in 2020 4 when we ended the "blue wave." The same is true for Republicans, no one election cycle can determine the fate of our party. Change takes time and for the foreseeable future, Orange County will remain the most competitive county in California. One thing is clear from our election results -Republicans are ready to rise up to the challenge. The 2024 election begins now. As the final results come in, we will have raw data to review and determine what worked and what we need to improve on. What we know immediately is ballot harvesting has made democracy about who can collect and turn in more ballots rather than earning votes. Until we can eliminate ballot harvesting and universal vote by mail, Republicans must adapt and win. We must also find unity within our party. Rogue Republican campaigns split the vote and cost us seats . Every moment and every dollar we spend fighting each other is wasted when we should be focused on defeating Democrats. The party, our county and our country are bigger than any one candidate's or organizations' ambitions. Orange County is the strongest local Republican Party in California and one of the strongest in the nation. Redistricting has resulted in multiple competitive districts crossing county lines. Just as important as progressing locally, we have begun to work with neighboring counties on strengthening their operations for stronger regional efforts in these critical seats. As your local Republican Party, we will cont.inue to move the ball forward and advance on our victories and opportunities ahead in 2024." ### 5 Press Contact Randall Avila (714) 453-0900 Randall@ocgop.org 6 Moore, Tania From: Sent: To: Subject: Juana Mueller <juanamueller33@gmail.com> Thursday, October 5, 2023 8:11 AM CITY COUNCIL (INCL. CMO STAFF); supplementalcomm@surfcity-hb.org Charter amendments Dear Huntington Beach City Council, Having volunteered for decades in HB Central Park, and experiencing the lack of City funds to properly maintain this jewel in our midst, PLEASE ABANDON your proposal of a special election to change our City Charter and spend that money on needed projects to maintain Central Park. The SO year old irrigation system needs upgrading, the hundreds of trees lost need replacing, trash bins and pickup need upgrading because of a huge uptick in Park use, all need to be addressed, and many more issues. Personally, I am old and love voting by mail. How would you do a voter ID for this?? PLEASE ABANDON an un-needed and costly election to tweak our Charter. With all due respect, Sincerely, Juana Mueller. 1 Moore, Tania From: Sent: To: Subject: Chris Slama <slamahb@yahoo .com > Thursday, October 5, 2023 8:14 AM supplementalcomm@surfcity-hb.org [SUSPICIOUS MESSAGE] Charter Amendments Consideration, October 5 Special Meeting This Message contains suspicious characteristics and has originated outside your organization. Dear Mayor and City Council, Unfortunately, I'm unable to attend the special meeting on October 5 regarding City Charter amendment considerations. As a long-time resident and former City employee, I do want to share some thoughts regarding pending discussions and decisions. City Attorney, Clerk, and Treasurer: I humbly urge that you do not take City-wide budgetary decisions away from the City Council. The function of a Council/City Manager form of government is that the City Manager proposes a budget to City Council for consideration, based on input, trends, facts, and current financial situation -not partisan politics. As pointed out by Mayor Pro Tern Van Der Mark, all departments need to function. Yes, the City Attorney, Clerk, and Treasurer are elected . However, all of their respective departments are part of an overall City organization that run this City. Further, there has been much discussion of these positions being elected "by the people." While these roles are appointed by the electorate, they may be filled through an election where they are unopposed. So, I would ask, which is more reflective of the citizens of Huntington Beach , those individual elected officials , or the body of seven City Councilmembers elected through a true democratic process? Politicizing the City's budget is dangerous, irresponsible , and not representative of the City's residents. The City Council website page states: "The residents of Huntington Beach are represented by a seven-member, part-time City Council. The City Council establishes policies and priorities for the provision of effective and efficient municipal services. The City Council is the city's legislative authority and sets the policies under which the city operates . The City Council's duties include establishing goals and policies , enacting legislation, adopting the city's operating budget, and appropriating the funds necessary to provide service to the city's residents, businesses, and visitors." If the proposed Charter revisions are made, consider that changes will need to be made to state that the residents are represented by a seven-member City Council, in addition to three individually elected officials who may run unopposed and be in complete disagreement with the majority Council at times . Further, the seven-member City Council would then represent the City , except in regards to legal and budgetary matters. Flag Policy: This is already set as an ordinance , and adding to the charter is unnecessary. The purpose of the City 's charter is to enact laws, rules, regulations and procedures to govern and operate our City. Does governance and operation of a City really include restricting the types of flags displayed on City property? Councilmember Moser asked a specific question in the last meeting regarding events at the library including Pride Month and other cultural heritage celebrations . Councilmember Burns answered that no flags other than those listed in the proposed charter 1 language could be displayed on City property . He further exclaimed "Go ahead and look at a flag in a book ." I think it's important that this Council seriously consider the ramifications of this proposal. The Pacific Airshow has featured performers from multiple countries, and recently boasted partnership with Australia. Were there any flags on City beach representing Canada or Australia last weekend? The annual Cherry Blossom Festival, recently produced by Code Four at Central Park, celebrates our partnership with our Sister City, Anjo, Japan. The US Open of Surfing, ISA World Para Surfing and World Juniors competitions host people from countries world-wide , and those of all abilities, gender identity and sexual orientation. The Olympic Charter Fundamental Principal 6 states, "The enjoyment of the rights and freedoms set forth in this Olympic Charter shall be secured without discrimination of any kind, such as race, colour, sex , sexual orientation, language, religion, political or other opinion, national or social origin, property, birth or other status." Are we really going to propose amending our City's charter to disallow flexibility to display flags that show support for our international partners and International Olympic Committee values? If these amendments are to be on the ballot, voters need to know that these are factors to consider . Charter Section 612 (Measure C): I'm truly excited to see that this has become a thoughtful discussion amongst Council. However, this is definitely one that should not be rushed and needs extensive public input. There is so much to consider here, and I guarantee one last meeting will not be sufficient to determine effective ballot language . I highly recommend further consultation with staff, the general public, and the original framers of Measure C . This is a huge opportunity to remedy charter language that has and will continue to hinder much-needed improvements to parks and facilities improvements to enhance quality of life in Huntington Beach . In addition to creating flexibility for improvements/expansion of existing amenities, please consider and consult with operators of concession facilities within our parks and beaches . Preservation of open space is important, but some flexibility for minor expansion/improvements of existing facilities could greatly enhance experiences for residents and visitors for decades to come. I am at your disposal for consultation on any of these matters, and would welcome the opportunity to meet if you find helpful. Please know that I respectfully submit this communication only in effort to offer my input as a longtime resident and former public servant who truly wants what is best for this amazing community. Thank you. Chris Slama Sent from Mail for Windows 2 Moore, Tania From: Sent: To: Subject: Elizabeth SanFilippo <elizabethsanfilippo@fuller.edu > Thursday, October 5, 2023 8:15 AM CITY COUNCIL (INCL. CMO STAFF); supplementalcomm@surfcity-hb.org Fwd: City Charter Changes --Opposed Since I didn't receive a confirmation email, I am resending the email below regarding my opposition to potential changes to the City Charter. Thank you, Elizabeth San Filippo ----------Forwarded message---------- From: Elizabeth Sanfilippo <elizabethsanfilippo@fuller.edu > Date: Wednesday, October 4, 2023 Subject: City Charter Changes --Opposed To: City .Council@surfcity-hb.org . SupplementalComm@surfcity-hb.org I am a Huntington Beach resident and home owner for over thi1ty years and am opposed to the potential City Chatter changes regarding how elections will be conducted. Evidence has not been presented demonstrating that there are any election issues that justify changes to voting in Huntington Beach. It is my understanding that the Orange County Registrar has been acknowledged as very effective in administering this impmtant responsibility. The proposed changes could place unnecessary burdens on citizens as we exercise our right to vote and thereby prevent people from voting. The City has been advised by the State Attorney General that the changes contemplated to our Charter could be illegal and if passed would result in a lawsuit. Since the City Council recently contemplated budget cuts to services provided to residents and there are projected future deficits, I am concerned about the costs of this ballot measure, the legal costs to defend it if passed, and if implemented the costs associated with the changes. To be financially responsible, the potential Charter Changes should not be placed on the ballot. Thank you for your consideration. Elizabeth San Filippo 1 Moore, Tania From: Sent: To: Subject: Dear Council Members, Carol Daus <caroldaus@gmail.com> Thursday, October 5, 2023 8:17 AM CITY COUNCIL (INCL. CMO STAFF); supplementalcomm@surfcity-hb.org In Opposition to all charter amendments As you know, I have expressed in past emails and public comments that I am deeply opposed to the charter amendments that would be placed on the March ballot. The conservative majority who argued for the mask/vaccine mandate stated that the primary reason for that dangerous proposal was to prevent political overreach . In reality, what they're proposing with voting control is the worst form of political overreach. It's extremely costly just to put it on the ballot, let alone running the elections independently going forward. Plus there undoubtedly will be a costly lawsuit, since it's illegal to impose Voter IDs in the state of California. You claim there's a silent majority that supports the majority. But interestingly, what we're finding is that there's a much larger silent majority of voters who don't support your misguided proposals! On another note, my father-in-law died of Covid (before vaccines were available). He was living in an assisted facility in Missouri that did not require masks. And my 35-year-old daughter has been battling long covid since January. She was a software developer and is still unable to work and is on disability. You four are unqualified to make medical decisions, plus you're totally insensitive to the millions of Americans who lost loved ones to Covid. Gracey: don't state medical information when it's wrong! Vastly more people died from Covid than mental health conditions related to Covid. Thank you, Carol Daus Huntington beach resident for 28 years 1 Moore, Tania From: Sent: To: Subject: Dear City Council Members, Anthony Daus <addaus@gsi-net.com> Thursday, October 5, 2023 8:30 AM CITY COUNCIL (INCL. CMO STAFF); supplementalcomm@surfcity-hb .org Opposition to Charter Amendments Once again, I am writing to you in opposition to the needless charter amendments . These are a waste of time and money as they are addressing imaginary problems or are completely misguided. I am particularly concerned about the voter amendments. There is not voter fraud to address. Don't spend taxpayer money frivolously. This is a waste of time and money. It was only a few months ago that this council was concerned about the city's budget and making cuts to important services. How can certain members of this council justify these expenses? These amendments government overreach at its worst. Please start using some common sense and good financial stewardship in managing the affairs of my city. Tony Daus Frustrated Huntington Beach resident 1 Moore, Tania From: Sent: To: Subject: Dear Councilmembers: Linda Moon <1sapiro048@gmail.com > Thursday, October 5, 2023 8:30 AM supplementalcomm@surfc ity-hb.org October 5 City Council Agenda Item #2 I write again to request that you reconsider your hasty ill-informed decision to place proposed charter amendments on the March 2024 ballot. We elect city council members with the expectation that you will make well-informed decisions on our behalf. Many of us are disappointed to see that you are attempting to make very uninformed decisions. Regarding proposed amendments to city election protocols, You have revealed that you are unaware that under the Voters' Choice Act, Huntington Beach voters may vote a Huntington Beach Ballot at any Voting Center in the County and that voters from other cities may vote their city's ballot at County Voting Centers in Huntington Beach. You are attempting to impose so-called voting enhancements that cannot be required of voters throughout the county or of other city's residents voting in Huntington Beach. You are unaware of registration procedures that do require presentation of photo identification upon registration and stringent signature verification procedures for mailed ballots, the signature requirements for in-person voting and the criminal penalties for fraudulent voting (which has not significantly occurred in Orange County). You are unaware of the very strict security provisions imposed by the County for Voting Centers, ballot boxes and ballot transportation. You have no knowledge of the current high security features of Orange County ballot drop boxes, which are mandated to be under constant camara surveillance and that the state -of-the-art drop boxes (designed by former Registrar Neal Kelly) even include fire suppression devices, designed to immediately extinguish fire. This information and much more is available from the Registrar's office, which provides frequent information programs for the general public and public tours . All of this information should have been obtained and reviewed thoroughly before you made the hasty ill- considered decision to proceed with this Amendment process . You are unaware that some of the measures proposed were illegal under State law, as stated by the Attorney General and Secretary of State in their letter to you. The arrogant rejection of this information by the Council and City Attorney, who shamefully referred to the Attorney 1 General as the enemy is telling of your disregard for any information contradicting your uninformed opinions. The race to place the amendments on the primary election ballot is also itself ill- considered. The City Attornels interpretation of Election Code 1415 does not appear consistent with its plain language and other statutes addressing this issue were apparently not considered. Postponing submission to the November ballot would also allow the council more time to determine the financial and other ramifications of these measures. Please remember that the lack of knowledge is Ignorance. The rejection of knowledge is Stupidity. Linda Sapiro Moon 5861 Liege Dr. Huntington Beach, CA 92649 2 Moore, Tania From: Sent: To: Subject: meobrien < meobrien@earthlink.net > Thursday, October 5, 2023 8:33 AM supplementalcomm@surfcity -hb .org proposed city charter amendments I urge the City Council to SLOW DOWN . There remains too many unanswered questions relative to the proposed voter ID amendment. Voter ID is not required in California . Do we really want to get into another tussle with the state? We do not have assurance that the OC Registrar will participate and we will be left to manage the voting process ourselves at an unknown cost and city resource consumption that could be better used to tackle the other significant problems the city faces. Please do not spend taxpayers' money on a problem that doesn't exist. It erodes your credibility. Direct your attention to affordable housing, homelessness and mental health. Respectfully, Margaret O'Brien a 50 year HB resident 1 Moore, Tania From: jodyky1e1@aol.com Sent: Thursday, October 5, 2023 8:47 AM supplementalcomm@surfcity-hb.org; CITY COUNCIL (INCL. CMO STAFF) Jody Kyle To: Cc: Subject: City Council Meeting for Oct 5, 2023 --Section 806 Display of Flags Dear City Council Members, I am a 25 year resident of Huntington Beach and am writing regarding the upcoming city council meeting on October 5, 2023. I strongly oppose the Flag amendment to the City Charter which reads: "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." At the city council meeting on September 28, 2023 Council Member Burns stated that the amendment was to include the DISPLAY of flags at Huntington Beach libraries at special events such as National Hispanic Heritage month . I have questions: • If I were to walk into an HB library wearing at-shirt displaying the Scottish national flag (my own personal heritage), is that allowed under the charter amendment? Could I wear a lapel pin displaying the Scottish flag on city property? • Could HB employees or volunteers wear items displaying the Scottish flag? • Can I drive onto city property if my car displayed a decal of the Scottish flag? • Can I dive my car onto city property if it had an actual Scottish flag attached to it? • Can I park in city lots if my car had a Scottish flag attached to it? • Can the HB libraries display books if they have the Scottish flag on the cover? • Can I wear the Scottish flag as a garment, such a a shawl or cape, on city property? • Can I place the Scottish flag on the podium when I address the city council at meetings? 1 • Can Huntington Beach employees or volunteers do any of the above? • When does the displaying of banned flags on city property start to infringe on personal First Amendment rights? If this seems trivial or foolish, imagine that instead of "Scottish flag" I had really said "Pride flag". When you try to take away rights from one group you end up taking them away from everyone. Council Member Burns claims to oppose "identity politics". The Flag amendment IS identity politics. It's just an identity that council members Burns, McKean, Strickland, and Van Der Mark support . Yours, Mary Kyle 2 Moore, Tania From: Sent: To: Subject: Hi, Celeste Rybicki < celeste@celesterybicki .com > Thursday, October 5, 2023 8:52 AM CITY COUNCIL (INCL . CMO STAFF); supplementa lcomm@surfcity -hb .org Special cha rter amendment meeting I'll be brief but I want to be on record again as being against the charter amendments, both in content and in the rushed and suspicious way they are being presented . It seems like a lot of work and a lot of money to appease a small fraction of your constituents . If you insist on pushing these through to the ballot, I would implo re you to single each issue out so voters can be clear on what they do or don't support. And it would appear that it will be significantly less expensive to wait until general elections, which would be smart as it looks like if voter id passes we will have a slew of new lawsuits to pay for. Thanks for your time, Celeste 14 + yr resident of HB 1 Moore, Tania From: Sent: To: Subject: Attachments: Please see attached . Harry Mclachlan <mc1ach1anharry621@yahoo .com > Thursday, October 5, 2023 8:51 AM supplementalcomm@surfcity-hb.org; CITY COUNCIL (INCL. CMO STAFF) Proposed Cha rter Amendments Huntington Beach City Council Oct. 5, 2023 .docx 1 Huntington Beach Special City Council Meeting For Discussion of Potential Charter Amendments October 5, 2023 My name Harry McLachlan. I am a resident of Huntington Beach. My opinion on Charter Amendment #1 has not changed. The voting proposals are a solution looking for a problem that does not exist. Your totally fact-free justification for this amendment comes from undocumented assertions by the seated conservatives that they have received "many calls" and spoken to "many people" regarding their totally unfounded concerns about the security of our local election. To a reasonable person, this is merely hearsay. I have attended all of the meetings on the proposed charter revisions and have read all of the supplemental communications submitted. The overwhelming majority have provided you facts which negate the very premises of your proposed changes to the proven voting procedures currently in place. Please cease this willful ignorance and listen to the majority of your constituents! You requested public feedback by holding these special meetings. You received it in spades. Please act ON it and not AGAINST it! The flag amendment also needs to go. Proffered by an absurd "ad hoc committee" made up of members with the sole intent of implementing their own personal and politically biased agendas in an effort to placate a minority of the citizens of Huntington Beach. Please drop this from consideration. Thank you for your attention. Moore, Tania From: Sent: To: Subject: Jessamyn Garner <jessamyngarner@gmail.com> Thursday, October 5, 2023 8:59 AM CITY COUNCIL (INCL . CMO STAFF); supplementalcomm@surfcity-hb.org Oppose charter amendments Hi City Council members and Mayor Strickland, I'm writing to strongly oppose the proposed charter amendments that will be discussed at tonight's meeting. I wish I could be in attendance to voice my opposition more directly but I am unable to be there. The voter ID and ballot box monitoring proposal is abhorrent and an attack on free and fair elections. It will limit voter participation and cost the city millions of dollars we don't have to solve a problem that doesn't even exist. The proposal is also illegal, as you already know from the letter you received from Attorney General Rob Bonta and Secretary of State Shirley Weber. Our city cannot afford yet another lawsuit. Huntington Beach taxpayers and voters deserve better. We deserve fiscal responsibility and we deserve a council that does at least the bare minimum of following the law. Additionally, I strongly oppose the effort to put the flag ordinance into the city charter. It unfairly limits city properties from celebrating our sister cities, our sports teams, and our communities. And it limits the ability for future city councils to reverse this foolish limitation. Measure C is also a concern of mine. Requiring a vote of residents for every sale, lease, or exchange of beaches, parks, or public utilities will create significant costs to the taxpayer as we will need to hold many special elections to make these decisions. Special elections are also notorious for low turnout, which will favor the people in our community who have the time and the resources to participate in these special elections. These people are often wealthy and older than the general population, so these votes will be biased. Thank you. Jessamyn Garner (they/them) Huntington Beach resident and voter 1 Moore, Tania From: Sent: To: Subject: Fikes, Cathy Wednesday, October 4, 2023 2:09 PM Agenda Alerts FW : City Council From: Christina Skoski <chris.skoski@gmail.com> Sent: Monday, October 2, 2023 8:08 PM To: CITY COUNCIL (INCL. CMO STAFF) <city.council@surfcity-hb.org> Subject: City Council I've been a resident of HB since 1976 . I've been following the city council meetings because I am concerned about the path our new conservative council majority has elected to take. The public comments and emails have been overwhelmingly against any changes to the city charter, yet these comments have been completely ignored , whether the topic is book banning, pride flags or anything as innocuous as who should be allowed to lead a prayer. It is quite obvious that 4 members have a political agenda and the decisions have already been made. They simply have no interest in listening to any opinions which differ from their own. There is no room for discussion or compromise. The dismissive attitude of this council is insulting to all the residents, not just the few. The votes have already been decided. Their overtly biased explanations are absurd which is recognized by the news media in OC and beyond. Their mandate was to be non-paiiisan and represent what's best for our city , yet they are fostering division and hatred in our community. Shame on you, Christina Skoski MD 1 Moore, Tania From: Sent: To: Subject: Fikes, Cathy Wednesday, October 4, 2023 2:11 PM Agenda Alerts FW: Charter amendments not shown necessary From: Allie Plum <skyedawg007@gmail.com> Sent: Tuesday, October 3, 2023 7:42 AM To: CITY COUNCIL {INCL. CMO STAFF) <city.council@surfcity-hb.org> Subject: Charter amendments not shown necessary My name is Allie Plum. I want to register my strong objection to all changes proposed to the City Charter especially in regards to HB elections. The past elections have shown no fraud or problems. The cost in both people power and money is unnecessary for a system in place that is working. Please put the city of HB first and abandon this madness. You were elected on many promises one of which was No changes to the Charter. Thank you Council person McKean for standing up for what you trust to be true. Sincerely , Allie Plum HB 1 Moore, Tania From: Fikes, Cathy Sent: To: Wednesday, October 4, 2023 2:11 PM Agenda Alerts Subject: FW: Charter Amendments From: Connie Quader <cquaderhb@gmail.com> Sent: Tuesday, October 3, 2023 7:48 AM To: CITY COUNCIL (INCL. CMO STAFF) <city.council@surfcity-hb.org> Subject: Charter Amendments To the majority of the City Council, WHY THE RUSH OF CHARTER AMENDMENTS? It seems as though you four have an agenda. Each proposed item should stand alone. No bundling ofumelated items. The unknown costs to Huntington Beach citizens for your frivolous & unnecessary proposed changes will, most likely result in costly lawsuits against the city. WHY NOW? It seems as though you four really don't know the citizens of Huntington Beach well & you don't care to know or listen to the majority of HB citizens! Your minds are already made up. WHY? You successfully have tarnished the image of our beautiful & much loved city! WHY? Also the Trump flyover was totally OUTRAGEOUS!! The Pacific Airshow was for all to enjoy NOT be politicized!! UNACCEPTABLE!! Sincerely , Connie & Shaheer Quader 44 Years HB residents 1 Moore, Tania From: Sent: To: Fikes, Cathy Wednesday, October 4, 2023 2:11 PM Agenda Alerts Subject: FW: Changes to the HB city charter From: Tracy Luth <p.luth@verizon.net> Sent: Tuesday, October 3, 2023 8:34 AM To: CITY COUNCIL (INCL. CMO STAFF) <city.council@surfcity-hb .org> Subject: Fw: Changes to the HB city charter Sent from the all new AOL app for iOS Begin forwarded message: On Tuesday, October 3, 2023, 8:27 AM, Tracy Luth <p.luth@verizon .net> wrote: I would like to express my concerns about the proposed changes to the HB city charter. I think that each proposed change needs to be presented along on the ballot rather than bundling unrelated items. I would like the city to consider and investigate the costs of running its own elections if it moves forward with voter ID requirements as well as costs defending itself against potential lawsuits about the constitutionality of voter ID requirements. Sincerely , Tracy Luth Sent from the all new AOL app for iOS 1 Moore, Tania From: Sent: To: Subject: -----Original Message----- Fikes, Cathy Wednesday, October 4, 2023 2:12 PM Agenda Alerts FW : Charter Admendments From: Susan E Turner <susanturnerart@gmail.com> Sent: Tuesday, October 3, 2023 10:17 AM To: CITY COUNCIL {INCL. CMO STAFF) <city.council@surfcity-hb.org> Subject: Charter Admendments Hello, I want to let you know I, Susan Turner, HB resident, oppose placing the Charter Amendments on the primary ballot! Please DO NOT bundle and place on the primary ballot. Sincerely, Susan Turner Sent from my iPad 1 Moore, Tania From: Sent: To: Subject: Fikes, Cathy Wednesday, October 4, 2023 2:13 PM Agenda Alerts FW: No on HB Charter Amendments From: Denise Bletsos <dabletsos@yahoo .com> Sent: Tuesday, October 3, 2023 3:52 PM To: CITY COUNCIL (INCL. CMO STAFF) <city.council@surfcity-hb .org> Subject: No on HB Charter Amendments We are voting No on any of the current and future Huntington Beach Charter Amendments by our current City Council Members. You have held behind the door meetings and spent money in a way that is not explained to Huntington Beach citizens. Denise and Nikolas Bletsos 1 Moore, Tania From: Sent: To: Subject: -----Original Message----- Fikes, Cathy Wednesday, October 4, 2023 2:13 PM Agenda Alerts FW : Recent air show and charter issues From : Chris <1oaticus5@gmail.com> Sent: Tuesday, October 3, 2023 5:36 PM To : CITY COUNCIL {INCL. CMO STAFF) <city.council@surfcity-hb.org> Subject: Recent air show and charter issues Hello, my name is Chris Kluwe, a 15 year resident of HB, and I'm sending this email to protest both the politicization of the air show by letting known criminal and treasonous ex-president Trump do a flyover, as well as the proposed changes to the city charter that will not only waste taxpayer dollars but are clearly designed to concentrate power in the hands of an unliked, selfish minority of four individuals who currently control the City Council (Strickland, Van Der Mark, Mckeon, and Burns, with honorable mention to non -first amendment cognizant Attorney Gates). These actions are those of buffoons and the intellectually ignorant, and not only embarrass our city, they embarrass the principles of America, including being free from the tyranny of religion , as well as giving everyone a chance to vote without unreasonable burden. I urge these incompetent and shortsighted individuals to reconsider their actions (knowing full well they will not) because I am tired of my city being not just a laughingstock nationally, but also a burgeoning haven for intolerance, racism, and white nationalism . The five names I have just mentioned are bad, should feel bad, and should never engage in the political sphere again without some deep reflection on their numerous shortcomings and disgusting embrace of fascism as a political tool. Sincerely, -Chris 1 Moore, Tania From: Sent: To: Subject: Fikes, Cathy Wednesday, October 4, 2023 2:14 PM Agenda Alerts FW: charter From: Louise Stewardson <1oustew75@gmail.com> Sent: Wednesday, October 4, 2023 8:27 AM To: CITY COUNCIL (INCL. CMO STAFF) <city.council@surfcity-hb.org> Subject: charter We do not need to change the city charter. It is too costly and unnecessary. Louise Stewardson 197 41 Coastline Lane, HB 1 Moore, Tania From: Sent: To: Subject: -----Original Message----- Fikes, Cathy Wednesday, October 4, 2023 2:14 PM Agenda Alerts FW : Charter Ammendments From: David Rynerson <drynerson@earthlink.net> Sent : Wednesday, October 4, 2023 1:42 PM To: CITY COUNCIL {INCL. CMO STAFF) <city.council@surfcity-hb.org> Subject: Charter Ammendments Council Members - At the last charter amendment meeting, I asked for an accounting of the communications both for and against the proposed elections charter amendment. To date, I have seen nothing from the city responding to this request. Given that the entire impetus behind this measure is supposed to be communications from city residents questioning our election integrity, the lack of documented evidence is suspicious . With upwards of 80% of voters voting by mail or drop box, no evidence of voter fraud, repeated certifications of the accuracy and security of our elections, the cited reasoning for this proposal appears weak at best, and positively specious at worst. Proposing to spend upwards of a million and a half dollars every election, {without cyber security and vote tracking costs), losing voting place flexibility, and introducing disruption and uncertainty into our election process to satisfy anecdotal complaints from a minority of voters does not pass the smell test. It is fiscally irresponsible. Decisions of this sort should be backed up with a cost/benefit analysis . The simple fact that you seem unable to quantify the actual cost to conduct our our elections, let alone the cost of defending the city from lawsuits brought in response to this measure, nor demonstrate the benefit of this proposal, clearly shows that this measure is inadequately researched to even be in discussion with the community, let alone on the ballot. Similarly, while I can understand that you don't want City Councils removing funding from an elected position, the amendment regarding the City Attorney, also fails the smell test . As previously noted, it was illegal when the City Treasurer's office was defunded, so a charter amendment is no deterrent to those who take illegal actions. Second, the proposed funding limits remove council budget oversight and flexibility. Just because the city has been involved in many lawsuits, quite a few of which were effectively sought by the city attorney, does not mean we will always be in such a state. Budgets should reflect the situation at the time they are crafted -not be locked in by charter requirements . Further, just because the City Attorney is an elected office does not mean it should be exempt from City Council oversight . If that were the case, the the City Clerk and Treasurer should get the same treatment, yet that is not proposed . Citizens elect the City Council to run the city bureaucracy, and the City Attorney, Treasurer, and Clerk are part of that bureaucracy, They are, and should remain, under the guidance and control of the City Council. And despite testimony from the City Clerk that neither she nor HR departments all over·the country have any problem parsing what "Bachelors in Business or related field" means, Mayor Strickland proposes to enshrine his judgement in the city charter because he finds it ambiguous. Exactly what HR qualifications does Mayor Strickland have to impose his judgement over that of HR professionals? Never mind that Mayor Strickland's proposal opens the city up to candidates whose education does not prepare them for this position . 1 What to say about the flag amendment? Councilman Burns says he doesn't want to play identity politics. Are you suggesting that there's no identity component to flags for POW/MIA and all of the various armed services? Why not the flags of other government agencies like the TSA or the IRS? And, as has been so aptly pointed out by minority council members, this proposal was modified three times in about six months, making enshrining it in the charter an expensive proposition. No, the real reason was spoken out loud at last week's public meeting : Councilman Burns wants it in the charter just to make it harder to be changed by future councils . He wants to impose his will, not only on current city residents, but on future ones as well. Exactly the opposite of being a representative of the people. What do all of these proposals have in common? They are proposed solutions to non-existent problems -problems that exist only in the minds of at least three members of the council majority, but not in real life . They are proposals wherein they wish to enforce their views on the entire city without any evidence of need, and at significant cost. They are, in fact, irresponsible attempts, not to represent the city's residents, but to make us pay for their authoritarian vision. It's well past time for you to listen to the will of the people and withdraw these ill-conceived proposals and actually get back to the real business of running this city. You have wasted enough of our time, and yours, as well. True leadership involves bringing people together around a shared set of facts to make reasoned decisions. Doggedly pursuing an polarizing agenda with a complete lack of factual support is the exact opposite of leadership. It is authoritarian dogma. Best regards, David Rynerson 6272 Newbury Drive 2 Moore, Tania From: Sent: To: Subject: -----Original Message----- Fikes, Cathy Wednesday, October 4, 2023 2:14 PM Agenda Alerts FW : Changes to Huntington Beach City Charter From : Linda Pohl <2travelinpohls@gmail.com> Sent: Wednesday, October 4, 2023 12:25 PM To: CITY COUNCIL (INCL. CMO STAFF) <city.council@surfcity-hb .org> Subject: Changes to Huntington Beach City Charter Please rethink your decision to put on the ballot Huntington Beach City running its own elections instead of the official Orange County Register of Voters . You were elected using this official election register or do you feel you were incorrectly elected? Not only is it illegal to have Cities run elections, which I realize doesn't mean anything to you, but it will be very expensive. Voters have short memories when it comes to additional taxes, o r lost services to run these elections . Not only will the election itself be expensive but fighting the lawsuits to come will also encumber the City. The Air Show was nice and many people enjoyed it but voters won't remember the show but the cost to their wallet from your proposals . Be a responsible City Council and instead continue to use the system that elected you to office. Linda Pohl Sent from my iPad 1 Moore, Tania From: Sent: To: Subject: -----Original Message----- Fikes, Cathy Wednesday, October 4, 2023 2:15 PM Agenda Alerts FW : Charter Amendments From : shakes-09-dame@icloud .com <shakes-09-dame@icloud.com> Sent : Wednesday, October 4, 2023 1:49 PM To: CITY COUNCIL (INCL. CMO STAFF) <city.council@surfcity-hb .org> Subject : Charter Amendments It was very interesting to be reminded last week that the the platform on which you four new city council members ran to be elected to the city council, stated that there would be no charter amendments. Yet, here we are, not even 2 years long years later, where, together, you are go i ng to vote for charter amendments which will drastically change the character of what used to be a nice city in which to live, costing YOUR constituents over $1 million!!! To discuss only a couple of items: The Orange County Registrar of Voters is well regarded and your proposed changes will not bring back integrity (according to Mr. Strickland) to our election system. It stinks of voter suppression, and it sounds like that's your intent. Your changes conflict with state laws . Just because we are a "charter" city does not allow us to violate state law, especially about voter rights! Why in the world do we need an amendment to ban a no mask-no vaccine mandate??? If we have another extremely dangerous pandemic like the beginnings of our Covid pandemic, do you not care about your citizens? As you have heard over the last 3 weeks, there are many residents who are opposed to these charter amendments. Unfortunately, I have gotten the message loud and clear that the four new council members have no interest in hearing opposing comments from your constituents . I know you already have your minds made up!! 1 Moore, Tania From: Sent: To: Subject: -----Original Message----- Fikes, Cathy Wednesday, October 4, 2023 3:22 PM Agenda Alerts FW: Voting From: Linda Pohl <2travelinpohls@gmail.com> Sent: Wednesday, October 4, 2023 2:32 PM To: CITY COUNCIL (INCL. CMO STAFF) <city.council@surfcity-hb.org> Subject: Voting My wife had her say in a letter to the council but I wanted to have my say "if it ain't broke don't fix it". Ridiculous to be spending time and money on an issue that worked fine before the new council thought it would be great idea to change the voting that got them elected. Walter Pohl Sent from my iPad 1 Moore, Tania From: Sent: To: Subject: -----Original Message----- Fikes, Cathy Wednesday, October 4, 2023 3:58 PM Agenda Alerts FW : RE : From: letters-clumpy-Or@icloud.com <letters-clumpy-Or@icloud.com> Sent : Wednesday, October 4, 2023 3:47 PM To: CITY COUNCIL (INCL. CMO STAFF) <city.council@surfcity-hb.org> Subject: RE: To whom it may concern regarding tomorrow's agenda: You promised not to change the charter when you ran for your offices in the first place, but since you are reneging on that, I feel that the issues that are up for vote should be separate items, the bundling of unrelated items will cause so much confusion. Secondly, changes in the election process will incur costs when we are facing other financial issues. Isn't it illegal to run the city at a deficit???? I've lived in Huntington Beach for 51 years and there has never been a time when I've felt like our city government is not governing in in our best interests. Thank you, A very concerned resident. 1 Moore, Tania From: Sent: To: Subject: Fikes, Cathy Wednesday, October 4, 2023 5:24 PM Agenda Alerts FW: Please reconsider adding amendments to city charter From: Linda Law <lindaklaw@aol.com> Sent: Wednesday, October 4, 2023 4:51 PM To: CITY COUNCIL (INCL. CMO STAFF) <city.council@surfcity-hb.org> Subject: Please reconsider adding amendments to city charter Dear Council Members, Please reconsider adding the proposed amendments to the city charter. These proposed charter amendments are unnecessary and potentially very expensive. I understand that the city has limited funds and this seems a very poor use of those funds. I object to the city considering amendments that were not reviewed by a public commission. The costs to add these amendments to the ballot are unknown. There is no evidence of voter fraud that requires the monitoring of poll places or the presentation of 1 a voter id. Actions like this invite lawsuits and seem utterly pointless. Thank you for your time. 2 Moore, Tania From: Sent: To: Subject: Fikes, Cathy Thursday, October 5, 2023 8:43 AM Agenda Alerts FW : Charter amendments From: Kathy McGuire <kzm@dslextreme.com> Sent: Wednesday, October 4, 2023 8:32 PM To: CITY COUNCIL (INCL. CMO STAFF) <city.council@surfcity-hb.org> Subject: Charter amendments Hello, I oppose all of the proposed charter amendments. They are not needed and they will cost money that the city needs for other necessities. Vote no. Reject all of the charter amendments . Thank you, Kathy McGuire 1 Moore, Tania From: Sent: To: Subject: Fikes, Cathy Thursday, October 5, 2023 8:43 AM Agenda Alerts FW: Voter ID From: Kathy Carrick <carrick92647@hotmail.com> Sent: Wednesday, October 4, 2023 8:34 PM To: CITY COUNCIL (INCL. CMO STAFF) <city.council@surfcity-hb.org> Subject: Voter ID Dear Mayor, Mayor Pro Tern and City Council Members , Could someone please explain how requiring voter ID is a form of voter suppression? I, honestly, do not understand how this can be so. Please refer back to the list of items that Mr. Twining supplied in his comments at the City Council meeting of 10/3 that require ID. If there are, indeed, HB citizens that have difficulty procuring an ID, how can our city offices help them with this process? Thank you. Respectfully, Kathy Carrick 48 year HB resident Se nt from my T-Mobile 50 Devi ce 1 Moore, Tania From: Sent: To: Subject: Fikes, Cathy Thursday, October 5, 2023 8:44 AM Agenda Alerts FW: Opposition to HB Charter Amendments and Flag Proposal From: Julie Hampel <ju1ie.hampel4@gmail.com> Sent: Wednesday, October 4, 2023 8:51 PM To: CITY COUNCIL (INCL. CMO STAFF) <city.council@surfcity-hb.org> Subject: Opposition to HB Charter Amendments and Flag Proposal Dear HB City Council, I oppose any and all proposed Charter Amendments for one basic reason -there is no need! The City Council has NOT completed a needs assessment to identify a problem, any problem with the HB voting process or flying flags at City Hall. Please abandon these foolish proposals that will cost the City of Huntington Beach money it can ill- afford. Specifically, Strickland, Van der Mark, Burns and McKean -back away from these truly ridiculous changes to the City Charter and the Flag Issue. These are NOT problems. If you continue on this destructive path, the 4 of you become THE problem. Start doing your jobs instead of creating problems that don't exist. Julie Hampel HB Resident. 1 Moore, Tania From: Sent: To: Subject: Fikes, Cathy Thursday, October 5, 2023 8:44 AM Agenda Alerts FW : Charter amendments From: Jerry Donohue <out1ook_3F76BA7571D23BF1@outlook.com> Sent: Wednesday, October 4, 2023 8:56 PM To: CITY COUNCIL (INCL. CMO STAFF) <city .council@surfcity-hb .org> Subject: Charter amendments Enough already. We are going to get sued by the state for these new voting irregulaties. Lost city money, lost city prestige. Quit this obsession, show we can reflect on items, listen to our citizens and then change our minds. Thanks, Jerry Donohue Sent from Mail for Windows 1 Moore, Tania From: Sent: To: Subject: Fikes, Cathy Thursday, October 5, 2023 8:44 AM Agenda Alerts FW: Against Charter changes to our local elections From: Allie Plum <skyedawg007@gmail.com> Sent: Wednesday, October 4, 2023 8:43 PM To: CITY COUNCIL (INCL. CMO STAFF) <city.council@surfcity-hb.org> Subject: Against Charter changes to our local elections Dear City Ciuncil, I am totally opposed to spending unneeded and unwarranted HB dollars(who knows how much ?? Millions ?) to fix our local elections that are NOT broken. We are not fraud ridden in fact our OC elections are held up as well done . The Charter amendments are confusing and bundled in a nonsensical way . The voting public will not be able to vote clearly Yes or No with the way these amendments are presented. Please stop this madness and vote to drop the idea of changing the City Charter and spending an exorbitant amount of money as yet to be determined. What can go wrong? Sincerely, Allie Plum HB resident and Immobile Home Owner 1 Moore, Tania From: Sent: To: Subject: Fikes, Cathy Thursday, October 5, 2023 8:44 AM Agenda Alerts FW: HB City Council Meeting, Thursday, October 4, 2023 From: Lee Marie Sanchez <lsanchez@uuma.org> Sent: Wednesday, October 4, 2023 9:07 PM To: CITY COUNCIL (INCL. CMO STAFF) <city.council@surfcity-hb .org> Subject: HB City Council Meeting, Thursday, October 4, 2023 Dear Members of the Huntington Beach City Council rv My family has owned a home here in Huntington Beach for over 50 years. Months ago I became aware of the makeup of the City Council and the plans for the unnecessary Charter Amendments being touted by only 4 of the Council's members. It has been obvious from the concerns of the vast majority of the citizens attending the meetings, as well as those sending emai,I that they believe these proposals are unnecessary, expensive and will likely engender several lawsuits, bringing even more costs and divisiveness to our community. I am totally opposed to all the amendments. A citizens council which is bipartisan and reflects the diversity of our city should be formed before anything is put on any ballot so that the people may have the opportunity to engage with each other in a measured, respectul and democratic conversation, not what is happening now. It is interesting to me that almost everyone I have spoken with about my concerns had no idea that they could send 1 the Council email or where to find that information. I have made it an ongoing practice to let everyone know about this process, those with whom I agree and with those whom I do not. The Council should make the effort to promote this information broadly to ensure we are ALL represented. rv Rev. Lee Marie Sanchez, Retired and voting 2 Moore, Tania From: Fikes, Cathy Sent: To: Thursday, October 5, 2023 8:45 AM Agenda Alerts Subject: FW: Charter Amendments -----Original Message----- From: Cristina Caldera <ccaldera80@gmail.com> Sent : Wednesday, October 4, 2023 9 :51 PM To: CITY COUNCIL (INCL. CMO STAFF) <city.council@surfcity-hb.org> Subject: Charter Amendments Hi, I am a resident of Huntington Beach for 9 years now. My family and I live in the Harbour. Lately, I am ashamed and do not agree with the current city council and the proposed charter amendments . I think you all should stop wasting the tax payers money with this unnecessary election . If you feel so strongly about it, add it to the general election. Do your job and actually fix things in the city like the drunk drivers hitting people, homelessness, crime. Pick something that actually matters! Stop being shady and messing with the voting system. Feel free to call me with any follow up questions . Cristina Caldera 310-699-8446 1 Moore, Tania From: Sent: To: Subject: -----Original Message----- Fikes, Cathy Thursday, October 5, 2023 8:45 AM Agenda Alerts FW: No to voter ID requirement From: chuynhful <cindy.oceanminded@gmail.com> Sent: Wednesday, October 4, 2023 10:38 PM To: CITY COUNCIL {INCL. CMO STAFF) <city.council@surfcity-hb.org> Subject : No to voter ID requirement I do not support voter ID: this will discourage many disabled and elderly from voting if they misplace their ID The office of registrar of voters already check signature against what's on OMV files This is too extreme A concerned citizen of Huntington Beach Sent from Cindy's iPhone 1 Moore, Tania From: Sent: To: Subject: Fikes, Cathy Thursday, October 5, 2023 8:45 AM Agenda Alerts FW: We don't need any charter amendment From: Mary Camarillo <mpcame10219@gmail.com> Sent: Wednesday, October 4, 2023 10:04 PM To: CITY COUNCIL (INCL. CMO STAFF) <city.council@surfcity-hb.org> Subject: We don't need any charter amendment Dear City Council There is no need for the charter amendments you are proposing for voting. There is nothing wrong with our cmTent voting procedures. Cha1ier changes are an unnecessary expense. Please do not revise our city charter or our voting process. Mary Camarillo HB resident 1 Moore, Tania From: Sent: To: Subject: -----Original Message----- Fikes, Cathy Thursday, October 5, 2023 8:45 AM Agenda Alerts FW: Charter Amendments From: Steven Christy <sctransportation55@gmail.com> Sent: Wednesday, October 4, 2023 11:01 PM To: CITY COUNCIL (INCL. CMO STAFF) <city.council@surfcity-hb.org> Subject: Charter Amendments All are a waste of time and money This new majority on the council have no idea how to run a city ? If you don't listen to your citizens how can you decide what is best They are out of control! Please we must stop there nonsense now!! Sent from my iPhone 1 Moore, Tania From: Fikes, Cathy Sent: Thursday, October 5, 2023 8:46 AM Agenda Alerts To: Subject: FW: Charter Ammendments From: Kathy Dowling <kathyldowling@msn.com> Sent: Wednesday, October 4, 2023 11:59 PM To: CITY COUNCIL (INCL. CMO STAFF) <city.council@surfcity-hb.org> Subject: Charter Ammendments Stop the madness! 1. No to elections handled by the city as you propose. Unnecessary cost to the City so that you can make an unneeded change. Your views are not shared by many of us. 2. Do not change the election dates . We know you are looking for smaller turnout to aid you r changes. 3. The Mayor looked ridiculous regarding Nepotism . If you had ever worked for a real company you would know why Nepotism is a problem. When you have relatives working for the same company in the Management structure, employees are unable to voice concerns honestly . This leads to employee dissatisfaction and a potential hostile work environment. It seems the City Attorney would be aware of this . 4. The Mayor always ends the speakers input with "thanks for coming 11 • I would recommend that he be honest and say, "thanks for coming, we ar en't interested in your input11 • At least that would be honest. Sent from Mail for Windows 1 Moore, Tania From: Sent: To: Subject: Fikes, Cathy Thursday, October 5, 2023 8:47 AM Agenda Alerts FW: Charter Amendments From: Jeanne Farrens <jeannefarrens@gmail.com> Sent: Thursday, October 5, 2023 12:25 AM To: CITY COUNCIL (INCL. CMO STAFF) <city.council@surfcity-hb.org> Subject: Charter Amendments Dear City Council Members, First I want to thank Councilman McKeon for being responsible for taking the charter process out from behind closed doors and opening it up to public input. And also for listening and being open to reconsideration of the amendments. It is clear that of all the new majority members, given his previous experience on past city charter committees, Councilmember McKeon has the most experience regarding the charter review procedures. Why is it that he was the only member of the new council majority who wasn't included on the ad hoc committee? It is curious -I daresay, suspicious -that the other members would ignore his expertise. Had these open public meetings been implemented as part of the ad hoc committee process from the beginning, much time would have been saved, and public outcry could have been avoided. I am grateful that he responded to his supporters' concerns and demands to allow the public to be heard. As a member of that public, I am concerned by the Council's desire to change the charter, and I must express my opposition to all the charter amendments for several reasons. First, as speakers have pointed out at the special Thursday meetings, these amendments will enshrine their proposals in what amounts to the city's Constitution, making it extremely difficult for any future city councils to change them, and especially when at least one of them -regarding the city's flag policy -is already a city ordinance . I'd like to point out that had it been in the charter, the city would have broken the law this past weekend by flying both the Australian and Canadian flag next to the American flag at the Pacific Airshow . Additionally, the way the amendments are bundled with 3 or 4 irrelevant proposals demanding either a yes or no vote all in one measure does not encourage voter participation or faith in the election -something Councilman McKeon stated was the main purpose of these amendments -but rather it creates confusion and forces the voters to either vote for something they do not agree with to support something they do, or, to just not vote at all. How is this preserving the integrity of elections? Above all, while the majority council has insisted that this is not an attempt to take over elections from the County, if the voting measure is placed on the ballot, that's exactly what will happen. It is a 1 certainty that HB will be sued by Sacramento if the voter ID proposal passes. In fact in a Thursday news release, A.G. Bonta promised as much. Not only did Bonta state that requiring voter ID. conflicts with state law, but he also pointed out that the city has not identified any basis for its voter ID proposal. Nor has any of the Council Majority identified such when asked directly by speakers to do so. Last week City Attorney Gates insisted that as a Charter City, HB has a legal right to require ID. He cited as evidence a lawsuit in which Redondo Beach (a charter city) won a lawsuit regarding their right to oversee municipal elections. The lawsuit -the City of Redondo Beach vs Padilla (the CA Attorney General at the time) -involved Redondo Beach setting its own date for election but had nothing to do with voter ID, which is a much more fundamental issue -in Bonta's words, it is the "foundation of our democracy". So it is unlikely this example of case law will stand up. Thus, in addition to the possible million dollars it will cost to put the measure on the ballot, HB taxpayers will likely be paying several more millions fighting a state lawsuit, not to mention unknown costs to facilitate and run its own election (as the County is sure to refuse to oversee the election given A.G. Bonta's warning). Important issues such as training poll workers, locating adequate ADA polling locations, costs of voting and monitoring equipment, procedures for the counting of ballots, including mail-ins, and the associated expenses have neither been identified nor enumerated in the proposals. Not to mention the time it will take to implement these changes. Are we expected to vote on the measures without knowing these specifics and costs? By March 5th? Finally, I object to these proposals as being nothing more than evidence that the city council dais no longer functions as a non-partisan podium to promote policies to protect the people and Huntington Beach, but it has now become a politicized partisan platform for promoting a MAGA agenda including protections against false conspiracies of voter fraud . As further evidence I cite the public "thumbs up" endorsement of Donald Trump by both Mayor Strickland and Attorney Gates at this weekend's Anaheim appearance of the former president and of Attorney Gates' promising that in HB we are "promoting voter ranking at the local level" (an announcement of policy in direct conflict with his position as a non-partisan representative of the citizens). I would like to know what Attorney Gates is talking about since those words do not appear anywhere on any measure. What new nefarious measures can we expect to be introduced -measures that rather than protecting voter integrity are an assault against it? If the Council is serious about promoting election integrity, you must not move ahead with these unnecessary and potentially illegal charter amendments. Let our award winning Orange County Registrar of Voters continue to oversee fair and safe elections in Huntington Beach. Jeanne Farrens IReplyForwardl 2 Moore, Tania From: Fikes, Cathy Sent: To: Thursday, October 5, 2023 8:47 AM Agenda Alerts Subject: FW: Opposed to flag ordinance From: MARILYN Boehm <beachmama7@msn.com> Sent: Thursday, October 5, 2023 12:30 AM To: CITY COUNCIL (INCL. CMO STAFF) <city.council@surfcity-hb.org> Subject: Opposed to flag ordinance I am strongly opposed to eliminating the pride flag during Pride Month and, instead, limiting the choice of flags to be flown by the City Council. Why is it that we showed a Canadian flag at the Airshow, an event that has still not been made transparent according to how much it cost the taxpayers? If we are willing to fly an Olympics flag, which has nothing to do with our city, why not show the world that we are an inclusive city by flying the pride flag? Is it up to the City Council to decide which events are meaningful and which are not? Shouldn't the residents of HB make that call? Vote NO on the flag ordinance. Marilyn Boehm, resident of HB 1 Moore, Tania From: Sent: To: Subject: Fikes, Cathy Thursday, October 5, 2023 8:48 AM Agenda Alerts FW: Dear Council From: Kirby McCord <kirbymccord@gmail.com> Sent: Thursday, October 5, 2023 7:37 AM To: CITY COUNCIL (INCL. CMO STAFF) <city.council@surfcity-hb.org> Subject: Dear Council Council, Is it true that Kevin Elliot gave dignitary passes to 4 of 7 council members and their families? And of course, Gates and family. Are these the same four that settled with Elliott and won't release the terms of the multimillion-dollar settlement? Is this the same Kevin Elliot who was a college roommate of Mayor Strickland? Vote no on changing elections. Vote no on the charter changes . Kirby McCord Resident 1 Moore, Tania From: Fikes, Cathy Sent: To: Thursday, October 5, 2023 8:49 AM Agenda Alerts Subject: FW: My comments on the amendments to the city charter From: Ada Hand <adajhand@gmail.com> Sent: Thursday, October 5, 2023 8 :16 AM To: CITY COUNCIL {INCL. CMO STAFF} <city.council@surfcity-hb.org> Subject: My comments on the amendments to the city charter I am opposed to all the amendments to the City Charter. They represent the majority's blatant attempt to take control of an election process that has worked flawlessly in the past. The cost of the elections in the future would be hon-endous to the taxpayers of this City, especially considering the ensuing lawsuits that are sure to come . Taxpayers don't deserve this. You ran on a platform of No Changes to the City Charter and now you propose to transform it ( and not by the use of the City Chaiier Commission, but rather by your Ad Hoc Committee of three). I am also opposed to the bundling of multiple amendments into one, supposedly to save money for the taxpayers. Instead, we will be asked to vote for three items when we may only agree with one or two items in the bundle. Ridiculous . There is government language about clear amendment language that does not confuse the voters --your bundles are an example of blatant ove1Teach. I am opposed to the expansion of the City Attorney's staff. He already has resources beyond what L.A. County has -ridiculous. He is building his own fiefdom and the City Council is helping him. I am opposed to all the time, money , and energy taken by the City Council and staff to ban, censor, or sequester books at our public librai·ies. We have professional librarians and a process in place that actually worked for Ms. Van Der Maark, but you now attempt to mold the libraries into your kind of reading. The first step in an authoritarian regime. Shame on the Mayor and City Attorney for endorsing publicly a candidate for President of the United States , especially a candidate who committed what I believe is treason and who is legitimately accused of multiple counts in civil and criminal courts. The flyover at the Air Show was a sad example of doing a questionable act and then seeing if you have to apologize afterwards. You politicized the air show and you should be castigated. I am ashamed of our cun-ent City Council majority. Ada J. Hand Ten-Year Resident of Huntington Beach 1 Moore, Tania From: Sent: To: Subject: -----Original Message----- Fikes, Cathy Thursday, October 5, 2023 8:49 AM Agenda Alerts FW: proposed city charter amendments From: meobrien <meobrien@earthlink.net> Sent : Thursday, October 5, 2023 8:37 AM To: CITY COUNCIL (INCL. CMO STAFF) <city.council@surfcity-hb .org> Subject: proposed city charter amendments I urge the City Council to SLOW DOWN . There remains too many unanswered questions relative to the proposed vote r ID amendment. Voter ID is not required in California . Do we really want to get into another tussle with the state? We do not have assurance that the OC Registrar will participate and we will be left to manage the voting process ourselves at an unknown cost and city resource consumption that could be better used to tackle the other significant problems the city faces. Please do not spend taxpaye rs' money on a problem that doesn't exist. It erodes your credibility. Direct your attention to affordable housing, homelessness and mental health. Respectfully, Margaret O'B r ien a 50 year HB resident 1 Moore, Tania From: Sent: To: Cc: Subject: Attachments: Julia Gomez <JGomez@aclusocal.org> Thursday, October 5, 2023 1 :20 PM CITY COUNCIL (INCL. CMO STAFF); supplementalcomm@surfcity-hb.org Strickland, Tony; Van Der Mark, Gracey; Burns, Pat; Bolton, Rhonda; Kalmick, Dan; McKean, Casey; Moser, Natalie; Gates, Michael; Fikes, Cathy; Paul Spencer Contact Public Comment re Oct. 5 Special Meeting, Agenda No. 2 2023.10 .05 Letter to Huntington Beach from DRC and ACLU re Item No. 2.pdf Attached please find correspondence from Disability Rights California and the ACLU of Southern California opposing the proposed charter amendment relating to municipal elections. Best, Julia Julia Gomez, Staff Attorney ACLU of Southern California 1313 W 8th Street, Suite 200 Los Angeles, CA 90017 (o) 213 .977 .5258 aclusoca l.org II facebook II twitter II blog II rum ACLU SoCal: STAND FOR JUSTICE» Download our mobile app at mobileiusticeca.org THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED . 1 SUPP!JEMEf~TAL COMMUNiCAT~ON Meeq ~: /0 /o /rfW-3 Agerrda Item No.: :Z {q 3 · 8tfqj _, AMERICAN CIVIL LIBERTIES UNION FOUNDATION Southern California Sent via email October 5, 2023 Huntington Beach Mayor and City Council Council Chambers 2000 Main Street Huntington Beach, CA 92648 SupplementalComm@Surfcity-hb.org City.Council@surfcity-hb .org California's protection & advocacy system Re: October 5, 2023 Special City Council Meeting, Agenda Item No. 2 Opposition to Proposed Charter Amendment Relating to Municipal Elections Dear Mayor Strickland and Members of the City Council: We have serious concerns about the legality and negative implications of the proposal to add Section 705 to the city charter relating to municipal elections ("proposed charter amendment"). Section 705 's voter identification ("voter ID") provision violates state law. What's more, the voter ID, drop box monitoring, and voting location provisions will likely result in voter suppression. We urge you to reject the proposed charter amendment to avoid voter disenfranchisement and to avoid the waste of taxpayer resources on an election, implementation, and unnecessary litigation. I. The Voter ID Provision Violates State Law Charter cities like Huntington Beach have home rule authority over certain local issues, including municipal elections. Jauregui v. City of Palmdale, 226 Cal. App. 4th 781, 794-96 (2014). This authority, however, is not unlimited, and a chatter provision must yield to state law where, as here: 1) the provision conflicts with state law; 2) the subject of the provision is a matter of statewide concern; and 3) the conflicting state law is narrowly tailored and does not unnecessarily interfere with municipal governance . Id. at 795-96; see also City of Huntington Beach v. Becerra, 44 Cal. App. 5th 243, 256 (2020) (holding that even issues listed in the California Constitution as municipal affairs "must give way to inconsistent state laws addressing issues of statewide concern"). As to the first factor, a local voter ID law that imposes requirements on top of the state's process conflicts with the state's detailed voter verification framework which, as laid out in the Attorney General's September 28 letter, strikes a careful balance between guarding elections and ensuring that voters can successfully cast a ballot. See September 28, 2023, Letter from Attorney General Rob Bonta and Secretary of State Shirley N. Weber, Ph .D., to the Huntington Beach City Council at 2-3 ("Sept. 28 Attorney General Letter"); see also City of Huntington Beach, 44 Cal. App. 5th at 270 ("Chatter city law is contradictory to state law when it is inimical thereto") (quotation marks omitted). With respect to the second factor, it is well settled that the issues implicated by the proposed chatter amendment-voting rights and the integrity of local elections-are matters of statewide concern. See, e.g., Johnson v. Bradley, 4 Cal. 4th 389, 409 (1992) (holding that "the integrity of the electoral process, at both the state and local level, is undoubtedly a statewide concern"); Jauregui, 226 Cal. App. 4th at 799-801 (voting rights, Huntington Beach Mayor and City Council Page 2 including protections against voting restrictions and vote dilution, are state interests "that go to the legitimacy of the electoral process"). Finally, the state's conflicting provisions are narrowly tailored to enhance the integrity of the electoral process and to ensure that eligible individuals can cast a ballot free of unnecessary burdens. See Sept. 28 Attorney General Letter at 2-3. The only way these provisions could possibly interfere with municipal governance is if the City adopted voter restrictions like the voter ID law. S ee Jauregui, 226 Cal. App. 4th 781 (the California Voting Rights Act ("CVRA") "can necessarily only interfere with municipal governance when vote dilution is present"). The city attorney's heavy reliance on the Redondo Beach case is misplaced. In Redondo Beach, the court held that the Voter Participation Rights Act ("VPRA"), which requires consolidated local and state elections, does not apply to charter cities . City of Redondo Beach v. Padilla, 46 Cal. App. 5th 902, 906 (2020). The comt came to this conclusion because the Elections Code exempts charter cities from following the state's established election dates, and the Legislature did not demonstrate a clear intent to depart from this exemption and apply the VPRA to charter cities. Id. at 910-11, 918 . The same is not true here-there is no language in the Elections Code that exempts charter cities from the state's voter verification and voting rights provisions. Indeed, the California Constitution entrusts the Legislature with enacting legislation to protect election integrity and the rights of voters irrespective of where they live, Cal. Const. art . II, §§ 3 & 4, and comts have consistently ruled in favor of the state where, as here, a conflicting charter provision infringes on these rights, see, e.g., Jauregui, 226 Cal. App. 4th at 802 (holding that a charter city's at-large election system that resulted in vote dilution and implicated election integrity was unlawful under state law); People ex rel. Devine v. Elkus, 59 Cal. App. 396, 407-08 (1923) (holding that a charter city's voting restriction was unlawful under the California Constitution notwithstanding the city's home rule authority over city council elections); cf Lacy v . City and Cnty . of San Francisco, 94 Cal. App . 3d 391,410 (2023) ( clarifying that the court's holding that chatter cities have home rule authority to expand the right to vote does not mean that chatter cities can narrow the electorate). Changes made by city staff to Section 705 to provide that the city "may" instead of "shall" require voter ID does not save the proposed charter amendment because a grant of authority alone is sufficient to raise a conflict with state law and render a charter provision invalid . Huntington Beach, 44 Cal. App. 4th 243 at 271 (quoting Johnson, 4 Cal. 4th 389 at 339 ("A 'conflict' may exist between state and local authority even though the city has not specifically legislated on that point through its charter, or by other 'enactment"')). Because the voter ID provision conflicts with narrowly tailored state law on issues of statewide concern, the City Council should reject the proposed charter amendment. 1 II. The Proposed Charter Amendment is Likely to Result in Voter Suppression The voter ID proposal is illegal for a second reason-it will likely disenfranchise Huntington Beach voters. The same is true for the drop box monitoring and voting location provisions in Section 705. Voter ID requirements disproportionately impact voters of color, voters who are low income, voters with disabilities, and voters who have limited mobility. 2 Additional voter ID requirements could 1 The state also regulates the monitoring of drop boxes and the siting of voting locations to ensure voter access and the integrity of elections. See, generally, Sept. 28 Attorney General Letter at 2-4 (providing an overview of relevant Elections Code and regulato1y provisions). For the same reasons discussed in this section, these provisions likely conflict with and violate state law. See id. 2 Research over the past decade consistently shows that, when implemented, voter ID laws reduce turnout for individuals without proper identification, and these individuals are often voters of color, voters with disabilities, and elderly voters. See, e.g., The Impacts of Voter Suppression on Communities of Color, Brennan Center for Justice (Jan. I 0, 2022), https://www.brennancenter.org/our-work/research-reports/impact-voter-suppression-communities- color (collecting studies); Vanessa M. Perez, Ph .D., Americans with Photo ID : A Breakdown of Demographic Characteristics, Project Vote (Feb. 2015), https://www.projectvote.org/wp-content/uploads/2015/06/ AMERICANS- Huntington Beach Mayor and City Council Page 3 also result in improper ballot challenges. See Sept. 28 Attorney General Letter at 3. Drop box monitoring by individuals other than trained poll workers can likewise result in voter suppression through voter intimidation, improper ballot challenges, or the misapplication of the state's laws. And although we commend the City's desire to increase the number of voting locations, more goes into siting locations than simply dispersing them evenly throughout the City. The Registrar of Voters selects voting locations to maximize accessibility by considering the proximity of voting locations to voters with disabilities, language minority communities, public transportation, communities with low rates of vehicle ownership, and communities with historically low vote by mail usage. Elec. Code§ 4005(a)(10)(B). The suppressive and disproportionate impact that Section 705 will no doubt have on certain voters raises serious equal protection concerns. While the U.S. Supreme Court has weakened voter protections in recent years, California's more robust equal protection and voting rights guarantees remain strong safeguards against voter disenfranchisement. See Cal. Const., art. I, § 24 ("Rights guaranteed by this Constitution are not dependent on those guaranteed by the United States Constitution"); see also Vergara v. State of California, 246 Cal. App. 4th 619, 648 n.13 (2016) (holding that California's equal protection clause proscribes policies that have discriminatory effect, regardless of motive or intent). * * * We urge the City Council to reject the proposed chatter amendment because it violates state law and will no doubt result in voter suppression. If you have any questions, please do not hesitate to contact us at jgomez@acusocal.org or paul.spencer@disabilityrightsca.org. Sincerely, Julia A. Gomez Senior Staff Attorney ACLU of Southern California Paul R. Spencer Senior Attorney Disability Rights California Cc: Tony Strickland, Mayor, Tony.Strickland@surfcity-hb.org Gracey Van Der Mark, Mayor Pro Tern, Gracey.VanDerMark@surfcity-hb.org Pat Burns, Councilmember, Pat.Burns@surfcity-hb.org Rhonda Bolton, Councilmember, Rhonda.Bolton@surfcity-hb.org Dan Kalmick, Councilmember, Dan.Kalmick@surfcity-hb.org Casey McKean, Councilmember, Casey.McKeon@surfcity-hb.org Natalie Moser, Councilmember, Natalie.Moser@surfcity-hb.org Michael E. Gates, City Attorney, Michael.Gates@surfcity-hb.org Cathy Fikes, Senior Administrative Assistant, CFikes@surfcity-hb.org WITH-PHOTO-ID-Research-Memo-February-2015.pdf (finding that voters of color and low-income individuals are less likely to have photo ID); Impact of Voter ID Laws on People with Disabilities, Vote Riders (Oct. 2019), https://www.voteriders.org/impact-of-voter-id-laws-on-people-with-disabilities/ ( citing studies showing that the elderly and voters with disabilities are less likely to have photo ID).