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HomeMy WebLinkAboutConsider Submission of Three Charter Amendment Ballot Measur (2) e`5 P1fl�ro�` 2000 Main Street, kF Huntington Beach,CA 92648 City of Huntington Beach APPROVED 4-3 AS AMENDED .NF:. , ._. 1,' BY SUPPLEMENTAL COMMUNI— curv,v�;;d'' CATION (KALMICK, MOSER, BOLTON — NO) File#: 23-871 MEETING DATE: 10/17/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Al Zelinka, City Manager VIA: Travis K. Hopkins, Assistant City Manager PREPARED BY: Shannon Levin, Council Policy Analyst Catherine Jun, Deputy City Manager Subject: Consider the submission of three Charter amendment ballot measures for voter approval at the March 5, 2024 Statewide Primary Election and the adoption of Resolution Nos. 2023-42, 2023-43, 2023-44, and 2023-45 Statement of Issue: Note:A PDF of this report is attached, in the event the tables and images do not display properly on the reader's screen. On October 5, 2023, the City Council voted to place three Charter amendment ballot measures for voter approval on the March 5, 2024 Statewide Primary Election. The City Attorney's Office has since prepared the following Resolutions, which contain the proposed amendments to the City Charter, ballot questions, and exhibits for final consideration by the full City Council. 1. Resolution No. 2023-42-A Resolution of the City Council of the City of Huntington Beach, California, Calling for the Holding of a Special Municipal Election to be held on Tuesday, March 5, 2024, for the Submission to the Voters Questions Relating to City Charter Amendments 2. Resolution No. 2023-43-A Resolution of the City Council of the City of Huntington Beach, California, Requesting the Board of Supervisors of the County of Orange to Consolidate a Special Municipal Election to be held on March 5, 2024, with the Statewide Primary Election to be held on the Date Pursuant to § 10403 of the Elections Code 3. ' Resolution No. 2023-44-A Resolution of the City Council of the City of Huntington Beach, California, Setting Priorities for Filing Written Arguments Regarding City Measures and. Directing the City Attorney to Prepare Impartial Analyses City of Huntington Beach Page 1 of 7 Printed on 10/13/2023 powere28 'LegistarTM • File#: 23-871 MEETING DATE: 10/17/2023 4. Resolution No. 2023-45- A Resolution of the City Council of the City of Huntington Beach, California, Providing for the Filing of Rebuttal Arguments for City Measures Submitted at Municipal Elections To place the three measures on the ballot, the City Council must vote to approve or amend the proposed ballot questions and exhibits available in Resolution Nos. 2023-42 and 2023-43; set priorities for written arguments and rebuttal arguments in Resolution Nos. 2023-44 and 2023-45; and adopt all four resolutions. Following adoption, the City Attorney's Office will prepare an impartial analysis for each measure per Resolution No. 2023-44. Furthermore, the City Clerk's Office will gather the written arguments and rebuttals for each measure and all other required election materials for submittal to the OC Registrar of Voters (ROV)by their filing deadlines. Financial Impact: The estimated cost to hold a municipal election during the March 5, 2024 Statewide Primary Election and place 3 Charter amendment measures on the ballot is as follows: Election Component Estimated Cost(Range) Details March 2024 Consolidated Election $318,928 to$383,128 The cost of consolidating elections with Ora Cost which includes:labor,overhead,supplies,sf postage for vote by mail return envelopes,a for the 2019-20 purchase of new election eq registered voter. Placement of three(3)Measures on $51,000 to$76,500 One(1)measure is estimated at$17,000 to the March 2024 Ballot contingent on the number of pages it occupi Per the ROV,every 2 pages is$8,500,and t is based on 4-6 pages per measure. Total Estimated Cost(Range) $369,928 to$459,628 The total estimated cost is not budgeted. As such, City Council is requested to authorize a budget appropriation of$459,628 from the 2023/24 General Fund to Business Unit 10010201. Sufficient funds are available to support this request. Recommended Action: A) Consider the three proposed Charter amendment ballot measures, ballot language, and exhibits for placement on the March 5, 2024 Statewide Primary Election ballot for voter approval; and B) Adopt Resolution No. 2023-42, "A Resolution of the City Council of the City of Huntington Beach, California, Calling for the Holding of a Special Municipal Election to be held on Tuesday, March 5, 2024, for the Submission to the Voters Questions Relating to City Charter Amendments;" and C)Adopt Resolution No. 2023-43, "A Resolution of the City Council of the City of Huntington Beach, California, Requesting the Board of Supervisors of the County of Orange to Consolidate a Special Municipal Election to be held on March 5, 2024, with the Statewide Primary Election to be held on the City of Huntington Beach Page 2 of 7 Printed on 10/13/2023 powere2ic4 LegistarM File#: 23-871 MEETING DATE: 10/17/2023 Date Pursuant to § 10403 of the Elections Code;" and D) Adopt Resolution No. 2023-44, "A Resolution of the City Council of the City of Huntington Beach, California, Setting Priorities for Filing Written Arguments Regarding City Measures and Directing the City Attorney to Prepare Impartial Analyses;" and E) Adopt Resolution No. 2023-45, "A Resolution of the City Council of the City of Huntington Beach, California, Providing for the Filing of Rebuttal Arguments for City Measures Submitted at Municipal Elections;" and F) Appropriate$459,628 in General Funds to business unit 10040101; and G) Dissolve the Charter Review Ad Hoc Council Committee, as their scope of work has been completed. Alternative Action(s): Do not approve one or more recommended actions and direct staff accordingly. Analysis: Pursuant to City Council direction, the Ad Hoc Charter Revision Committee consisting of Mayor Strickland, Mayor Pro Tem Van Der Mark, and Council Member Burns collaborated with the City Attorney's Office on several proposed City Charter amendments. The Ad Hoc Committee introduced a list of those Charter amendments at the September 5, 2023 City Council meeting. On September 5, 2023, City Council authorized four Special Meetings on September 14, 21, 28 and October 5 to gather public feedback and further consider the amendments. During the first meeting, City Council received feedback and requested impact analyses for each amendment, including those proposed by the Ad Hoc Committee and staff. On September 21, Council Members deliberated, while adding new amendments and requesting impact analyses on each. On September 28, Council Members discussed several proposed amendments and took straw votes to either table the items or move items forward for additional discussion on October 5. On October 5, City Council voted to approve six of the proposed amendments and placed them across three ballot measures for the March 2024 election. Each proposed measure contains one or more Charter amendments. Details on each are listed below, along with the proposed ballot measure language that will be placed before voters. This language was developed by the City Attorney's Office. CHARTER AMENDMENT-MEASURE NO. 1: Proposed Ballot Language for Consideration(max 75 words): City of Huntington Beach Page 3 of 7 Printed on 10/13/2023 powere2i91,i LegistarTM File#: 23-871 MEETING DATE: 10/17/2023 Shall proposed Charter Amendment No. 1,which provides that commencing in YES 2026, for all municipal elections,the City: may require Voter ID for elections; provide more in-person voting locations; and monitor ballot drop boxes, be approved? NO A redlined Charter with these proposed amendments will be attached to the ballot measure language (see Attachment 5) to help voters visualize and better comprehend these changes. Lastly, a detailed list of the proposed Charter amendments in Measure No. 1 is below for reference only. This list will not be included in the ballot. Charter Amendment No. 1 # Section Section Title Proposed Amendment • 1 702 Procedure for Holding The existing section states Elections be held per the State's Ele not in conflict with the Ch the Charter will control an 2 705 (new) Special Provisions The amendment adds lang Relating to Municipal beginning in 2026, may of Elections voter ID;provide at least locations; and monitor bal municipal elections. It determine the term of the of term, and election cycle CHARTER AMENDMENT-MEASURE NO. 2: Proposed Ballot Language for Consideration(max 75 words): Shall proposed Charter Amendment No. 2,which provides that the only flags to YES be displayed by the City on City property are the United States Flag,the County of Orange Flag,the City of Huntington Beach Flag,the POW-MIA Flag,the six Armed Forces Flags,the Olympic Flag during the Summer Olympic Games, and any other flag if authorized by a unanimous vote of the City Council,be approved? NO A redlined Charter with these proposed amendments will be attached to the ballot measure language (see Attachment 5) to help voters visualize and better comprehend these changes. Lastly, a detailed list of the proposed Charter amendments in Measure No. 2 is below for reference only. This will not be included in the ballot. City of Huntington Beach Page 4 of 7 Printed on 10/13/2023 powere21921,LegistarTM File#: 23-871 MEETING DATE: 10/17/2023 Charter Amendment No.2 # Section Section Title Proposed Amendment 1 806 (new) Display of Flags City would be limited to f properties: American flag, California, County of Ora: • flag, flags of six branches preceding and following 5 City may fly additional fl2 vote of the City Council. CHARTER AMENDMENT-MEASURE NO. 3: Proposed Ballot Language for Consideration(max 75 words): Shall proposed Charter Amendment No. 3 to: commencing in 2026, require the YES City to adopt a two-year budget;update the procedures to cancel a regular City Council meeting; update the process to fill a City Council vacancy; and amend outdated phrases, syntax, dates,pronouns, and titles be approved? NO A redlined Charter with these proposed amendments will be attached to the ballot measure language (see Attachment 5) to help voters visualize and better comprehend these changes. Lastly, a detailed list of the proposed Charter amendments in Measure No. 3 is below for reference only. This will not be included in the ballot. 'Charter Amendment No. 3 Section Section Title Proposed Amendment 1 300 City Council, Attorney, Update the initial election Clerk and Treasurer Term(currently 1966 and 1968) and 2024). Replace the ou the commonly used phrast establish a clearer process voting for elected position City of Huntington Beach Page 5 of 7 Printed on 10/13/2023 powered Legistar" File#: 23-871 MEETING DATE: 10/17/2023 2 303 Meetings and Locations Add a provision allowing regularly scheduled meeti: minimum of one meeting to clarify the process of ac Replace the word"he"wi outdated phrase"executiv used"closed sessions" 3 304(a) Quorums,Proceedings annAdd the use of"current to Rules of Order. Quorum. to distribute meeting notic 4 311(d) City Treasurer. Powers anReplace "Director of Fina Duties. "Chief Financial Officer" Chart. 5 312 Vacancies,Forfeitures ancAmend the procedure to f Replacement appointment to (1)require votes and(2)be filled unt: election when the remainc citywide vote. Clarify th 6 400(d) City Manager. Clarify the word"his"wit Composition, Term, Eligibility,Removal. 7 401(b) Powers and Duties. Replace budget"annually Charter"to transition to a 8 601 Biennial Budget, Replace "Director of Fina Preparation by the City "Chief Financial Officer". Manager. budget to a biennial budgc 9 602 Biennial Budget. Transition from an annual Submission to the City starting in FY2026-2028. Council. 10 603 Biennial Budget. Public Transition from an annual Hearing. starting in FY2026-2028. 11 604 Biennial Budget. Further Replace "Director of Fina Consideration and "Chief Financial Officer". Adoption. to a biennial budget startir 12 605 Biennial Budget. Transition from an annual Appropriations. starting in FY2026-2028. 13 801 Definitions. Remove 801(e)to espousc 14 804 Charter Review. Require City Council to cl every ten years, starting a' Committee, Council or sta Following adoption of the Resolutions, the City will prepare an impartial analysis for each measure and gather arguments and rebuttals. City of Huntington Beach Page 6 of 7 Printed on 10/13/2023 powerej LegistarTM File#: 23-871 MEETING DATE: 10/17/2023 Please note the following timelines for all items to be submitted to the City Clerk's Office, should the Council approve the recommended action tonight: Timeline for Impartial Analysis and Written Arguments City Council Meeting/Call for Election Due Date for Impartial Analyses and Written Arguments Tuesday, October 17,2023 Wednesday,November 1,2023 Timeline for Rebuttal Arguments Written Arguments Submitted Due Date for Rebuttals Wednesday,November 1,2023 Monday,November 113,2023 If the City Council does not approve the Recommended Action tonight,the final regular meeting date that the City Council can call for an election and submit all required election materials by the ROV's final filing deadlines is November 21, 2023. Environmental Status: Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a project. Strategic Plan Goal: Not applicable. This item is an administrative or operational item. For details,visit www.huntingtonbeachca.gov/strategicplan <http://www.huntingtonbeachca.gov/strategicplan> Attachment(s): 1. Resolution 2023-42 - A Resolution of the city Council of the City of Huntington Beach, California, Calling for the Holding of a Special Municipal Election to be held on Tuesday, March 5, 2024, for the Submission to the Voters Questions Relating to City Charter Amendments 2. Resolution 2023-43 - A Resolution of the City Council of the City of Huntington Beach, California, Requesting the Board of Supervisors of the County of Orange to Consolidate a Special Municipal Election to be held on March 5, 2024, with the Statewide Primary Election to be held on the Date Pursuant to § 10403 of the Elections Code 3. Resolution 2023-44 - A Resolution of the City Council of the City of Huntington Beach, California, Setting Priorities for Filing Written Arguments Regarding City Measures and Directing the City Attorney to Prepare Impartial Analyses 4. Resolution 2023-45 - A Resolution of the City Council of the City of Huntington Beach, California, Providing for the Filing of Rebuttal Arguments for City Measures Submitted at Municipal Elections 5. Redline of Proposed Charter Amendments for Measures Nos. 1, 2, and 3 6. PDF version of this report City of Huntington Beach Page 7 of 7 Printed on 10/13/2023 powerej LegistarM City Council/ ACTION AGENDA October 17, 2023 Public Financing Authority Recommended Action: Adopt Ordinance No. 4302, "An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 10.84 of the Huntington Beach Municipal Code Relating to Bicycle Regulations." Approved 7-0 18. 23-843 Approved and accepted the Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) and Pedestrian and Bicycle Safety grants; authorized the Chief of Police to execute documents and approve appropriation and expenditure of funds Recommended Action: A) Approve and accept the STEP and "Pedestrian and Bicycle Safety" grant agreements between OTS and the City of Huntington Beach for$800,000 and $42,895, respectively; and, B) Authorize the Chief of Police to execute the grant agreements with OTS; and, C) Approve appropriations and estimated revenue source in the amount of $800,000 and $42,895; and, D) Authorize the Chief of Police to establish separate business units for this funding and expend up to a total of$800,000 and $42,895 on the Selective Traffic Enforcement Program (STEP) grant and "Pedestrian and Bicycle Safety" grant. Approved 7-0 ADMINISTRATIVE ITEMS 19. 23-871 Approved the submission of three Charter amendment ballot measures for voter approval at the March 5, 2024 Statewide Primary Election and adopted Resolution Nos. 2023-42, 2023-43, 2023-44, and 2023-45 Recommended Action: A) Consider the three proposed Charter amendment ballot measures, ballot language, and exhibits for placement on the March 5, 2024 Statewide Primary Election ballot for voter approval; and B) Adopt Resolution No. 2023-42, "A Resolution of the City Council of the City of Huntington Beach, California, Calling for the Holding of a Special Municipal Election to be held on Tuesday, March 5, 2024, for the Submission to the Voters Questions Relating to City Charter Amendments;" and C) Adopt Resolution No. 2023-43, "A Resolution of the City Council of the City of Huntington Beach, California, Requesting the Board of Supervisors of the County of Orange to Consolidate a Special Municipal Election to be held on March 5, 2024, with the Statewide Primary Election to be held on the Date Pursuant to § 10403 of the Elections Code;" and Page 6 of 7 City Council/ ACTION AGENDA October 17, 2023 Public Financing Authority D) Adopt Resolution No. 2023-44, "A Resolution of the City Council of the City of Huntington Beach, California, Setting Priorities for Filing Written Arguments Regarding City Measures and Directing the City Attorney to Prepare Impartial Analyses;" and E) Adopt Resolution No. 2023-45, "A Resolution of the City Council of the City of Huntington Beach, California, Providing for the Filing of Rebuttal Arguments for City Measures Submitted at Municipal Elections;" and F) Appropriate $459,628 in General Funds to business unit 10040101; and G) Dissolve the Charter Review Ad Hoc Council Committee, as their scope of work has been completed. Approved 4-3 (Kalmick, Moser, Bolton-No) as amended by supplemental communication, revision to Measure 1 language (term ID to Identification), and revision to Measure 3 language (in Section 300, "reaffirmed to 2022"in two locations, to "reaffirmed in 2024") Author(s) of Argument in Favor of Measure 1: Strickland, Van Der Mark approved 7-0 Author(s) of Arguments in Opposition of Measure 1: Kalmick, Moser, Bolton approved 7-0 Author(s) of Arguments in Favor of Measure 2: Burns approved 7-0 Author(s) of Arguments in Opposition of Measure 2: Kalmick, Moser, Bolton approved 7-0 Author(s) of Arguments in Favor of Measure 3: Strickland approved 7-0 Author(s) of Arguments in Opposition of Measure 3: Kalmick, Moser, Bolton approved 7-0 COUNCILMEMBER ITEMS 20. 23-879 Approved Item Submitted by Mayor Pro Tern Van Der Mark - Adopted Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content Recommended Action: I request the City Council consider adopting Resolution No. 2023-41 to establish a policy for the review and re-cataloging of library materials containing sexual content (Attachment#2). Approved 4-3 (Kalmick, Moser, Bolton-No) 21. 23-894 Approved Item Submitted by Mayor Pro Tem Van Der Mark to Adopt Resolution No. 2023-50 in Support of Israel and Condemning the Attacks on Israel by Hamas Recommended Action: The City Council adopt the attached Resolution stating that the City publicly declares support for Israel, condemns the barbaric attacks on Israel by Hamas, publicly expresses sympathy for those Israelis who are suffering and dying at the hands of Hamas, and that the City publicly calls for an immediate end to the war. Approved 7-0 as amended to allow for additional Council signature lines on Resolution Page 7 of 7 0//WINGT 0 _ City of Huntington Beach _.'s 2000 Main Street ♦ Huntington Beach, CA 92648 �►.•?�1 (714) 536-5227 • www.huntingtonbeachca.gov C • OUNTY NOTICE OF EXTENSION PUBLIC REVIEW PERIOD FOR CHARTER AMENDMENT MEASURES 1 AND 2 FOR THE MARCH 5, 2024 SPECIAL ELECTION On Tuesday, November 21, 2023, an error in the web-posted version of Exhibit A to Resolution No. 2023-42 was discovered and corrected (see attached). The language included in Exhibit A of Resolution No. 2023-42 demonstrates how Council-adopted Charter Amendment Measures 1, 2 and 3, if approved by the voters, would modify existing Charter language. Charter language related to Measures 1 and 2 was inadvertently omitted from the web-posted version of Exhibit A, while Charter language for Measure 3 was included twice. With the public having access to an incomplete version of Resolution No. 2023-42 during the previously established 10-day review periods of November 2-13 for Direct Arguments, and November 14-27 for Rebuttals, the City is providing an additional 10 calendar days to provide the public with an opportunity to examine a corrected copy of Resolution No. 2023-42. The previously web-posted versions of the Impartial Analysis, Direct Arguments and Rebuttals to Direct Arguments in Favor of and Against Direct Charter Amendment Measures 1 and 2 remain unchanged. Robin Estanislau, CMC City Clerk Att: Resolution No. 2023-42 IN) cv -13 w 0 Sister Cities: Anjo, Japan RESOLUTION NO. 2023-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, CALLING FOR THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 5, 2024, FOR THE SUBMISSION TO THE VOTERS QUESTIONS RELATING TO CITY CHARTER AMENDMENTS. WHEREAS, pursuant to authority provided by the California Constitution, Article XI and the Government Code, Title 4, Division 2, Chapter 2 (commencing at § 34450) and the Election Code Division 9, Chapter 3,Article 3 (commencing at§ 9255)of the State of California,and under the provisions of the laws relating to Charter cities in the State of California, the City Council desires to hold a Special Municipal Election on March 5, 2024 to submit to the voters three questions relating to City Charter amendments; and WHEREAS, the City Council is authorized and directed by statute to submit the proposed charter amendment(s) to the voters, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of the laws of the State of California relating to Charter Cities, and pursuant to the California Constitution, Article XI and the Government Code, Title 4, Division 2, Chapter 2 (commencing at § 34450) and the Election Code Division 9, Chapter 3, Article 3 (commencing at § 9255) of the State of California, there is called and ordered to be held in the City of Huntington Beach, California, on Tuesday, March 5,2024, a Special Municipal Election for the purpose of submitting to the voters the following questions relating to City Charter amendments: Cw� C7 ry O -1� W CD Q) RESOLUTION NO. 2023-42 "Shall proposed Charter Amendment No. 1, which provides that commencing in 2026, for all municipal Yes elections, the City: may require Voter Identification for elections; provide more in-person voting locations; and monitor ballot drop-boxes, be No approved?" "Shall proposed Charter Amendment No. 2, which provides that the only flags to be displayed by the Yes City on City property are the United States Flag, c 3 the State of California Flag, the County of Orange r , Flag, the City of Huntington Beach Flag, the POW- MIA Flag, the six Armed Forces Flags, the No Olympic Flag during the Summer Olympic Games, .. and any other flag if authorized by a unanimous vote of the City Council, be approved?" c,. "Shall proposed Charter Amendment No. 3 to: commencing in 2026, require the City to adopt a two-year budget; update the procedures to cancel a Yes regular City Council meeting; update the process to fill a City Council vacancy; and amend outdated phrases, syntax, dates, pronouns, and tales be approved?" No SECTION 2. That the complete text of the Charter Amendments submitted to the voters is attached as Exhibit A. SECTION 3. That the vote requirement for the measures to pass is a majority (50%+1) of the votes cast. SECTION 4. That the ballots to be used at the election shall be in form and content as required by law. SECTION 5. That the City Clerk is authorized, instructed and directed to coordinate with the County of Orange Registrar-Recorder/County Clerk to procure and furnish any and all official ballots,notices,printed matter and all supplies,equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 6. That the polls (vote centers) for the election shall be open at seven o'clock 2 23-13267/320953 RESOLUTION NO. 2023-42 a.m. of the day of the election and shall remain open continuously from that time until 8 o'clock p.m. of the same day when the polls (vote centers) shall be closed, pursuant to Election Code § 10242, except as provided in §§ 14212, 14401 of the Elections Code of the State of California. SECTION 7. That in all particulars not recited in this resolution,the election shall be held and conducted as provided by law for holding municipal elections. SECTION 8. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 9. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. SECTION 10. The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill. ts 3 23-13267/320953 RESOLUTION NO, 2023-42 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the l7thlay of October , 2023. 4°2 Mayor REVIEWE D AP ROVED: APPROVED AS TO FORM: fie, — �. City Mana r City Attorney -I IATED AND PPR ED: City na Q N co W CD cc 4 23-13267/320953 RESOLUTION NO. 2023-42 EXHIBIT A • CHARTER AMENDMENT MEASURES PROPOSED ADDITIONS SHOWN AS UNDERLINED c PROPOSED DELETIONS SHOWN AS STRIKETHROUGH w Charter Amendment Measure No. 1 --r:v Section 702. PROCEDURE FOR HOLDING ELECTIONS. cz) All elections shall be held in accordance with the provisions of the Elections Code of the State of California, as the same now exists or hereafter may be amended, for the holding of municipal elections, so far as the same are not in conflict with this Charter. In the event of such conflict,the provisions of this Charter shall control and prevail, in accordance with Section 103 of this Charter. Section 705. SPECIAL PROVISIONS RELATING TO MUNICIPAL ELECTIONS As in Section 300, the City Charter shall determine the term of the City's elective officers, the length of term, and the election cycle in which the election for those offices occur for the City's elective officers. (a) Beginning in 2026, for all municipal elections: (1)"Elector"means a person who is a United States citizen 18 years of age or older, and a resident of the City on or before the day of an election. (2) The City may verify the eligibility of Electors by voter identification. (3) The City may provide at least 20 Americans with Disabilities Act compliant voting locations for in-person voting dispersed evenly throughout the City, in addition to any City facility voting locations. (4) The City may monitor ballot drop boxes located within the City for compliance with all applicable laws. Charter Amendment Measure No. 2 SECTION 806. DISPLAY OF FLAGS. Except as otherwise provided herein, the City shall only fly or display at or on any of the City's properties the following flags: the American flag,the POW/MIA flag, the State of California flag, the Huntington Beach City flag, the County of Orange flag, or any of the flags of the six branches of service: the Army,Navy, Air Force, Coast Guard, Marine Corps, and Space Force. During the 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. 5 23-13267/320953 RESOLUTION NO. 2023-42 Charter Amendment Measure No. 3 Section 300. CITY COUNCIL,ATTORNEY, CLERK AND TREASURER. TERMS. The elective officers of the City shall consist of a City Council of seven members, a City Clerk, a City Treasurer and a City Attorney, all to be elected from the City at large at the times and in the manner provided in this Charter and who shall serve for terms of four years and until their respective successors qualify. Subject to the provisions of this Charter, the members of the City Council in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and until their successors are elected and qualified. Consistent with the staggered election process established in the new Charter in 1966 and reaffirmed in 2024,four members of the City Council shall be elected at the general municipal election held in-1-966 2022, and each fourth year thereafter. Three members of the City Council shall be elected at the general municipal election held in 196&2024, and each fourth year thereafter. No person shall be elected as a member of the City Council for more than two consecutive terms and no person who has been a member for more than two years of a term to which some other person was elected a member shall be elected to the City Council more than one further consecutive term. Subject to the provisions of this Charter, the City Clerk, City Treasurer and City Attorney in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and the qualification of their successors. Consistent with the staggered election process established in the new Charter in 1966 and reaffirmed in 2024, a City Clerk and City Treasurer shall be elected at the general municipal election held in-1-968 2024, and each fourth year thereafter. A City Attorney shall be elected in.1-966 2022, and each fourth year thereafter. The term of each member of the City Council, the City Clerk, the City Treasurer and the City Attorney shall commence on the first Mend-ay regular City Council meeting following the certification of the election. Ties in voting among candidates for office shall be settled by the casting of lots random drawing process conducted by the City Manager during the first regular City Council meeting following the certification. If no candidate meets the qualifications for office of the City Clerk, City Treasurer, or City Attorney, the City Council shall fill that position by appointment until the next municipal general election in which a qualified candidate is elected. Section 303. MEETINGS AND LOCATION. (a) Regular Meetings. The City Council shall hold regular meetings at least twice each month, unless it lacks a quorum or is canceled by the Mayor or a majority of City Council Members,at such time as it shall fix by ordinance or resolution. In no event shall the City Council meet less than once each month. and The City Council may adjourn or re adjourn any regular meeting to a date and hour certain which shall be specified in the order of adjournmMt, and--when so adjeumed Each re-adjourned meeting shall be a regular meeting for all purposes. If the hour to which a meeting is adjourned is not stated in the order of shall be held t t' ' for holdin regular meeting.• If at any time any regular meeting fak[s;on a holiday such regular meeting shall be held on the next business day. 13 c,3 0 VD 6 23-13267/320953 RESOLUTION NO. 2023-42 (b) Special Meetings. A special meeting may be called at any time by the Mayor, or by a majority of the members of the City Council, by written notice or 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,er•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 Tern provided that the nature of the emergency is set forth in the minutes of the meeting. (c) Place of Meetings. All regular meetings shall be held in the Council Chambers of the City or in such place within the City to which any such meeting may be adjourned. If, by reason of fire, flood or other emergency, it shall be unsafe to meet in the place designated, the meetings may be held for the duration of the emergency at such place within the City as is designated by the Mayor, or, if he the Mayor should fail to act, by a majority of the members of the City Council. (d) Open Meetings. All regular and special meetings of the City Council shall be open and public, and all persons shall be permitted to attend such meetings, except that the provisions of this section shall not apply to executive closed sessions. Subject to the rules governing the conduct of City Council meetings, no person shall be denied the right to be heard by the City Council. (e) Dissemination of Information. The City Council shall adopt rules to ensure thorough and timely dissemination of information via current technology by resolution. Section 304. QUORUMS,PROCEEDINGS AND RULES OF ORDER. (a) Quorum. A majority of the members of the City Council shall constitute a quorum to do business but a lesser number may adjourn from time to time. In the absence of all the members of the City Council from any regular meeting or adjourned regular meeting, the City Clerk may declare the same adjourned to a stated day and hour. The City Clerk shall cause written notice of a meeting adjourned by less than a quorum or by the City Clerk to be delivered personally,er 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 manger as specified in this Charter for dispensing with notice of special meetings of the City CouncM N Co -10 .SC 7 cf? 23-13267/320953 0 s RESOLUTION NO. 2023-42 2023 NOV 23 PH 3: 09 Section 311. CITY TREASURER. POWERS AND DUTIES. (d) Prepare and submit to the Director of Finance Chief Financial Officer monthly written reports of all receipts, disbursements and fund balances, and shall file copies of such reports with the City Manager and City Council. Section 312. VACANCIES, FORFEITURES AND REPLACEMENT. (a) Vacancies. A vacancy in the City Council or in any other office designated as elective by this Charter, from whatever cause arising, shall be filled by appointment by the City Council with at least four affirmative votes. (b) Forfeiture. If a member of the City Council is absent from all regular meetings of the City Council for a period of thirty consecutive days from and after the last regular City Council meeting attended by such member, unless by permission of the City Council expressed in its official minutes, the office shall become vacant. If an elected City officer pleads guilty or no contest to or is convicted of a felony or any crime of moral turpitude, or ceases to be an elector of the City, the office shall become vacant. The City Council shall declare the existence of such vacancy. Any elective officer of the City who shall accept or retain any other elective public office, except as provided in this Charter, shall be deemed thereby to have vacated the office under the City Government. (c) Replacement. In the event it the City Council shall fail to fill a vacancy by appointment within sixty days after such office shall become vacant, the City Council shall forthwith cause an election to be held to fill such vacancy for the remainder of the unexpired term. If the City Council fills the vacancy by appointment, such appointee shall hold office until an election to fill the remainder of the unexpired term at the next general municipal election. Should the appointment occur after the filing deadline for the next general municipal election, the seat shall be deemed vacant upon the certification of the general municipal election, and the vacancy shall be filled in accordance with Sections 312(a) and 312(c). Section 400. CITY MANAGER. COMPOSITION,TERM, ELIGIBILITY, REMOVAL. (d) Removal. The City Manager shall not be removed from office during or within a period of ninety days next succeeding any municipal election at which a member of the City Council is elected. At any other time the City Manager may be removed only at a regular meeting of the City Council and upon the affirmative vote of a majority of the members of the City Council, At least thirty days prior to the effective date of removal, the City Manager shall be furnished with a written notice stating the Council's intentions and, if requested by the City Manager, the reasons therefor. Within seven days after receipt of such notice,the City Manager may by written notification to the City Clerk request a public hearing before the City Council, in which event the Council shall fix a time for a public hearing which shall be held at its regular meeting place 8 23-13267/320953 RESOLUTION NO. 2023-42 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 401. POWERS AND DUTIES. (b) Prepare the budget annually as required by this Charter, submit it to the City Council, and be responsible for its administration upon adoption. Section 601. BIENNIAL ANNUAL BUDGET, PREPARATION BY THE CITY MANAGER. At such date as the City Manager shall determine, each board or commission and each department head shall furnish to the City Manager, personally, or through the Director of Finance Chief Financial Officer, estimates of the department's, board's or commission's revenue and expenditures for the ensuing two fiscal years, detailed in such manner as may be prescribed by the City Manager. In preparing the proposed budget, the City Manager shall review the estimates, hold conferences thereon with the respective department heads, boards or commissions as necessary, and may revise the estimates as may be deemed advisable. Section 602. BIENNIAL ANNUAL BUDGET. SUBMISSION TO THE CITY COUNCIL. The City Manager shall submit the proposed budget to the City Council at least thirty days prior to the beginning of each even numbered fiscal year beginning in 2026. After reviewing the proposed budget and making such revisions as it may deem advisable, the City Council shall hold a public hearing thereon at least fifteen days prior to the beginning of each even numbered fiscal year and shall cause to be published a notice thereof not less than ten days prior to said hearing. Copies of the proposed budget shall be available for inspection by the public in the office of the City Clerk at least ten days prior to said hearing. Section 603. BIENNIAL ANNUAL BUDGET. PUBLIC HEARING. At the time so advertised or at any time to which such public hearing shall from time to time be adjourned, the City Council shall hold a public hearing on the proposed budget, at which interested persons desiring to be heard shall be given such opportunity. Section 604. BIENNIAL ANNUAL BUDGET. FURTHER CONSIDERATION AND ADOPTION. At the conclusion of the public hearing the City Council shall further consider the 9 23-13267/320953 RESOLUTION NO. 2023-42 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 Chief Financial Officer, City Treasurer and the person retained by the City Council to perform the post audit function, and a further copy shall be placed, and shall remain on file in the office of the City Clerk where it shall be available for public inspection. The budget so certified shall be reproduced and copies made available for the use of the public and of departments, offices and agencies of the City. Section 605. BIENNIAL ANNUAL BUDGET APPROPRIATIONS. From the effective date of the budget,the several amounts stated therein as proposed expenditures shall be and become appropriated to the several departments, offices and agencies for the respective objects and purposes therein named; provided, however, that the City Manager may transfer funds from one object or purpose to another within the same department, office or agency. All appropriations shall lapse at the end of the second fiscal year to the extent that they shall not have been expended or lawfully encumbered. At any public meeting after the adoption of the budget, the City Council may amend or supplement the budget by motion adopted by the affirmative vote of at least a majority of the total members of the City Council. Section 801. DEFINITIONS. Unless the provisions or the context otherwise requires, as used in this Charter: (a) "Shall" is mandatory, and "may" is permissive. (b) "City" is the City of Huntington Beach and "department," "board," "commission," "agency," "officer," or "employee" is a department, board, commission, agency, officer orN employee, as the case may be, of the City of Huntington Beach. (c) "County" is the County of Orange. N co (d) "State" is the State of California. -v ce? (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. 10 23-13267/320953 Res. No. 2023-42 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a Regular meeting thereof held on October 17, 2023 by the following vote: AYES: Van Der Mark, Strickland, McKeon, Burns NOES: Kalmick, Moser, Bolton ABSENT: None 0 RECUSE: None 0 N co W 9,(204 9.471. I declare,under penalty of perjury,that I am employed City Clerk and ex-officio Clerk of the by the City of Huntington Beach,in the Office of the City Council of the City of City CI rk and that I posted this public notice on the posting bulletin board at the Civic Huntington Beach, California Center on 1Lh. _at ID a.m./p Date I► Signature Senior Deputy City Clerk RESOLUTION NO. 2023-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, CALLING FOR THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 5, 2024, FOR THE SUBMISSION TO THE VOTERS QUESTIONS RELATING TO CITY CHARTER AMENDMENTS. WHEREAS,pursuant to authority provided by the California Constitution,Article XI and the Government Code, Title 4, Division 2, Chapter 2 (commencing at § 34450) and the Election Code Division 9, Chapter 3,Article 3 (commencing at § 9255)of the State of California,and under the provisions of the laws relating to Charter cities in the State of California, the City Council desires to hold a Special Municipal Election on March 5, .2024 to submit to the voters three questions relating to City Charter amendments; and WHEREAS,the City Council is authorized and directed by statute to submit the proposed charter amendment(s)to the voters, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of the laws of the State of California relating to Charter Cities, and pursuant to the California Constitution, Article XI and the Government Code, Title 4,Division 2, Chapter 2(commencing at § 34450) and the Election Code Division 9, Chapter 3, Article 3 (commencing at § 9255) of the State of California,there is called and ordered to be held in the City of Huntington Beach, California, on Tuesday, March 5,2024, a Special Municipal Election for the purpose of submitting to the voters the following questions relating to City Charter amendments: RESOLUTION NO. 2023-42 "Shall proposed Charter Amendment No. 1,which provides that commencing in 2026, for all municipal Yes elections,the City: may require Voter Identification for elections;provide more in-person voting locations; and monitor ballot drop-boxes,be .No approved?" "Shall proposed Charter Amendment No. 2,which provides that the only flags to be displayed by the Yes City on City property are the United States Flag, the State of California Flag,the County of Orange Flag,the City of Huntington Beach Flag,the POW- MIA Flag,the six Armed Forces Flags,the No Olympic Flag during the Summer Olympic Games, and any other flag if authorized by a unanimous vote of the City Council, be approved?" "Shall proposed Charter Amendment No. 3 to: commencing in 2026,require the City to adopt a two-year budget; update the procedures to cancel a Yes regular City Council meeting; update the process to fill a City Council vacancy; and amend outdated phrases, syntax, dates,pronouns, and titles be approved?" No SECTION 2. That the complete text of the Charter Amendments submitted to the voters is attached as Exhibit A. SECTION 3. That the vote requirement for the measures to pass is a majority(50%+1) of the votes cast. SECTION 4. That the ballots to be used at the election shall be in form and content as required by law. SECTION 5. That the City Clerk is authorized,instructed and directed to coordinate with the County of Orange Registrar-Recorder/County Clerk to procure and furnish any and all official ballots,notices,printed matter and all supplies,equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 6. That the polls (vote centers) for the election shall be open at seven o'clock 2 23-13267/320953 RESOLUTION NO. 2023-42 a.m. of the day of the election and shall remain open continuously from that time until 8 o'clock p.m. of the same day when the polls (vote centers) shall be closed, pursuant to Election Code § 10242, except as provided in §§ 14212, 14401 of the Elections Code of the State of California. SECTION 7. That in all particulars not recited in this resolution,the election shall be held and conducted as provided by law for holding municipal elections. SECTION 8. That notice of the time and place of holding the election is given and the City Clerk is authorized,instructed and directed to give further or additional notice of the election, in time, form'and manner as required by law. SECTION 9. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. SECTION 10. The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill. 3 23-13267/320953 RESOLUTION NO. 2023-42 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 17tlday of October , 2023. 1 1'1 i„iO&A.,..D Mayor REVIEWS i : 1 AP r ROVED: APPROVED AS TO FORM: it City Mllr � ,..City Attorney -I IATED AND / 'PRO D: w Ci 11 a��o 4 23-13267/320953 RESOLUTION NO. 2023-42 EXHIBIT A • CHARTER AMENDMENT MEASURES PROPOSED ADDITIONS SHOWN AS UNDERLINED PROPOSED DELETIONS SHOWN AS STRIKETHROUGH Charter Amendment Measure No. 1 Section 702. PROCEDURE FOR HOLDING ELECTIONS. All elections shall be held in accordance with the provisions of the Elections Code of the State of California, as the same now exists or hereafter may be amended, for the holding of municipal elections, so far as the same are not in conflict with this Charter. In the event of such conflict,the provisions of this Charter shall control and prevail, in accordance with Section 103 of this Charter. Section 705. SPECIAL PROVISIONS RELATING TO MUNICIPAL ELECTIONS As in Section 300,the City Charter shall determine the term of the City's elective officers,the length of term, and the election cycle in which the election for those offices occur for the City's elective officers. (a)Beginning in 2026, for all municipal elections: (1) "Elector"means a person who is a United States citizen 18 years of age or older, and a resident of the City on or before the day of an election. (2)The City may verify the eligibility of Electors by voter identification. c3) The City may provide at least 20 Americans with Disabilities Act compliant voting locations for in-person voting dispersed evenly throughout the City, in addition to any City facility voting locations. (4) The City may monitor ballot drop boxes located within the City for compliance with all applicable laws. Charter Amendment Measure No. 2 SECTION 806. DISPLAY OF FLAGS. Except as otherwise provided herein,the City shall only fly or display at or on any of the City's properties the following flags: the 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. 5 23-13267/320953 RESOLUTION NO. 2023-42 Charter Amendment Measure No. 3 Section 300. CITY COUNCIL,ATTORNEY, CLERK AND TREASURER. TERMS. The elective officers of the City shall consist of a City Council of seven members, a City Clerk, a City Treasurer and a City Attorney, all to be elected from the City at large at the times and in the manner provided in this Charter and who shall serve for terms of four years and until their respective successors qualify. Subject to the provisions of this Charter,the members of the City Council in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and until their successors are elected and qualified. Consistent with the staggered election process established in the new Charter in 1966 and reaffirmed in 2024, four members of the City Council shall be elected at the general municipal election held in 1966 2022, and each fourth year thereafter. Three members of the City Council shall be elected at the general municipal election held in 1968-2024, and each fourth year thereafter.No person shall be elected as a member of the City Council for more than two consecutive terms and no person who has been a member for more than two years of a term to which some other person was elected a member shall be elected to the City Council more than one further consecutive term. Subject to the provisions of this Charter,the City Clerk, City Treasurer and City Attorney in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and the qualification of their successors. Consistent with the staggered election process established in the new Charter in 1966 and reaffirmed in 2024, a City Clerk and City Treasurer shall be elected at the general municipal election held in 1968 2024, and each fourth year thereafter. A City Attorney shall be elected in 1966 2022, and each fourth year thereafter. The term of each member of the City Council,the City Clerk,the City Treasurer and the City Attorney shall commence on the first Menday regular City Council meeting following the certification of the election. Ties in voting among candidates for office shall be settled by the casting of lots random drawing process conducted by the City Manager during the first regular City Council meeting following the certification. If no candidate meets the qualifications for office of the City Clerk, City Treasurer, or City Attorney,the City Council shall fill that position by appointment until the next municipal general election in which a qualified candidate is elected. Section 303. MEETINGS AND LOCATION. (a) Regular Meetings. The City Council shall hold regular meetings at least twice each month, unless it lacks a quorum or is canceled by the Mayor or a majority of City Council Members, at such time as it shall fix by ordinance or resolution. In no event shall the City Council meet less than once each month. and The City Council may adjourn or re adjourn any regular meeting to a date and hour certain which shall be specified in the order of adjournment_ and when so adjourned Each re-adjourned meeting shall be a regular meeting for all purposes. If shalb h t+h f holding gureeti g& If at any time any regular meeting falls on a holiday such regular meeting shall be held on the next business day. 6 23-13267/320953 RESOLUTION NO. 2023-42 (b) Special Meetings. A special meeting may be called at any time by the Mayor, or by a majority of the members of the City Council,by written notice or 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 personallyer by mail or by current technology at least twenty-four hours before the time of such meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted.No other business shall be considered at such meeting. If any person entitled to such written notice files a written waiver of notice with the City Clerk, it may be dispensed with. This notice requirement shall be considered fulfilled as to any person who is actually present at the meeting at the time it convenes. In the event of an emergency affecting the public peace, health or safety, a special meeting may be called as provided in this section with less than twenty-four hours written notice by the Mayor Pro Tern in the Mayor's absence or by any member of the City Council in the absence of both the Mayor and Mayor Pro Tern provided that the nature of the emergency is set forth in the minutes of the meeting. (c) Place of Meetings. All regular meetings shall be held in the Council Chambers of the City or in such place within the City to which any such meeting may be adjourned. If, by reason of fire, flood or other emergency, it shall be unsafe to meet in the place designated,the meetings may be held for the duration of the emergency at such place within the City as is designated by the Mayor, or, if he the Mayor should fail to act, by a majority of the members of the City Council. • (d) Open Meetings. All regular and special meetings of the City Council shall be open and public, and all persons shall be permitted to attend such meetings, except that the provisions of this section shall not apply to executive closed sessions. Subject to the rules governing the conduct of City Council meetings,no person shall be denied the right to be heard by the City Council. (e) Dissemination of Information. The City Council shall adopt rules to ensure thorough and timely dissemination of information via current technology by resolution. Section 304. QUORUMS,PROCEEDINGS AND RULES OF ORDER. (a) Quorum. A majority of the members of the City Council shall constitute a quorum to do business but a lesser number may adjourn from time to time. In the absence of all the members of the City Council from any regular meeting or adjourned regular meeting,the City Clerk may declare the same adjourned to a stated day and hour. The City Clerk shall cause written notice of a meeting adjourned by less than a quorum or by the City Clerk to be delivered personally,,OF by mail or by current technology to each Council member at least twenty-four hours before the time to which the meeting is adjourned, or such notice may be dispensed with in the same manner as specified in this Charter for dispensing with notice of special meetings of the City Council. 7 23-13267/320953 RESOLUTION NO. 2023-42 Section 311. CITY TREASURER. POWERS AND DUTIES. (d) Prepare and submit to the Director of Finance Chief Financial Officer monthly written reports of all receipts, disbursements and fund balances, and shall file copies of such reports with the City Manager and City Council. Section 312.VACANCIES, FORFEITURES AND REPLACEMENT. (a) Vacancies. A vacancy in the City Council or in any other office designated as elective by this Charter,from whatever cause arising, shall be filled by appointment by the City Council with at least four affirmative votes. (b) Forfeiture. If a member of the City Council is absent from all regular meetings of the City Council for a period of thirty consecutive days from and after the last regular City Council meeting attended by such member, unless by permission of the City Council expressed in its official minutes,the office shall become vacant. If an elected City officer pleads guilty or no contest to or is convicted of a felony or any crime of moral turpitude, or ceases to be an elector of the City, the office shall become vacant. The City Council shall declare the existence of such vacancy. Any elective officer of the City who shall accept or retain any other elective public office, except as provided in this Charter, shall be deemed thereby to have vacated the office under the City Government. (c) Replacement. In the event it the City Council shall fail to fill a vacancy by appointment within sixty days after such office shall become vacant,the City Council shall forthwith cause an election to be held to fill such vacancy for the remainder of the unexpired term. If the City Council fills the vacancy by appointment, such appointee shall hold office until an election to fill the remainder of the unexpired term at the next general municipal election. Should the appointment occur after the filing deadline for the next general municipal election,the seat shall be deemed vacant upon the certification of the general municipal election, and the vacancy shall be filled in accordance with Sections 312(a) and 312(c). Section 400. CITY MANAGER. COMPOSITION, TERM,ELIGIBILITY,REMOVAL. (d) Removal. The City Manager shall not be removed from office during or within a period of ninety days next succeeding any municipal election at which a member of the City Council is elected. At any other time the City Manager may be removed only at a regular meeting of the City Council and upon the affirmative vote of a majority of the members of the City Council. At least thirty days prior to the effective date of removal,the City Manager shall be furnished with a written notice stating the Council's intentions and, if requested by the City Manager, the reasons therefor. Within seven days after receipt of such notice, the City Manager may by written notification to the City Clerk request a public hearing before the City Council, in which event the Council shall fix a time for a public hearing which shall be held at its regular meeting place 8 23-13267/320953 RESOLUTION NO. 2023-42 • 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 401.POWERS AND DUTIES. (b) Prepare the budget annually as required by this Charter, submit it to the City Council, and be responsible for its administration upon adoption. Section 601. BIENNIAL AdNATTAIr BUDGET,PREPARATION BY THE CITY MANAGER. At such date as the City Manager shall determine, each board or commission and each department head shall furnish to the City Manager,personally, or through the Director of Finance Chief Financial Officer, estimates of the department's, board's or commission's revenue and expenditures for the ensuing two fiscal years, detailed in such manner as may be prescribed by the City Manager. In preparing the proposed budget,the City Manager shall review the estimates, hold conferences thereon with the respective department heads, boards or commissions as necessary, and may revise the estimates as may be deemed advisable. Section 602. BIENNIAL ANNUAL BUDGET. SUBMISSION TO THE CITY COUNCIL. The City Manager shall submit the proposed budget to the City Council at least thirty days prior to the beginning of each even numbered fiscal year beginning in 2026. After reviewing the proposed budget and making such revisions as it may deem advisable,the City Council shall hold a public hearing thereon at least fifteen days prior to the beginning of each even numbered fiscal year and shall cause to be published a notice thereof not less than ten days prior to said hearing. Copies of the proposed budget shall be available for inspection by the public in the office of the City Clerk at least ten days prior to said hearing. Section 603. BIENNIAL ANNUM,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 ANNUM.BUDGET. FURTHER CONSIDERATION AND ADOPTION. At the conclusion of the public hearing the City Council shall further consider the 9 23-13267/320953 RESOLUTION NO. 2023-42 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 Chief Financial Officer, City Treasurer and the person retained by the City Council to perform the post audit function, and a further copy shall be placed, and shall remain on file in the office of the City Clerk where it shall be available for public inspection. The budget so certified shall be reproduced and copies made available for the use of the public and of departments, offices and agencies of the City. Section 605. BIENNIAL ANNUAL BUDGET APPROPRIATIONS. From the effective date of the budget,the several amounts stated therein as proposed expenditures shall be and become appropriated to the several departments, offices and agencies for the respective objects and purposes therein named;provided,however, that the City Manager may transfer funds from one object or purpose to another within the same department, office or agency. All appropriations shall lapse at the end of the second fiscal year to the extent that they shall not have been expended or lawfully encumbered. At any public meeting after the adoption of the budget,the City Council may amend or supplement the budget by motion adopted by the affirmative vote of at least a majority of the total members of the City Council. Section 801.DEFINITIONS. Unless the provisions or the context otherwise requires, as used in this Charter: (a) "Shall" is mandatory, and "may" is permissive. (b) "City" is the City of Huntington Beach and "department," "board," "commission," "agency," "officer," or "employee" is a department,board, commission, agency, officer or employee, as the case may be, of the City of Huntington Beach. (c) "County" is the County of Orange. (d) "State" is the State of California. (e) The masculine includes the feminine and the feminine includes the masculine. (fe) The singular includes the plural and the plural the singular. (g£ "Person" includes firm and corporation. Section 804. CHARTER REVIEW. The City Council shall determine if there is a need to convene a citizen's Charter Review Commission to conduct a review of the City Charter no less frequently than every ten years from the most recent formal Charter review conducted by a Charter Revision Commission, City Council, or City staff. 10 23-13267/320953 Res. No. 2023-42 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a Regular meeting thereof held on October 17, 2023 by the following vote: AYES: Van Der Mark, Strickland, McKeon, Burns NOES: Kalmick, Moser, Bolton ABSENT: None RECUSE: None 101441, 94iu&% City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California RESOLUTION NO. 2023-42 2023 NOV 27 PM 1: 36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY Q4-IUITINGTON BEACH, CALIFORNIA, CALLING FOR THE HOLDING 'CIF,7 W0$PECfAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCHr5V2024i FOO.I `THE SUBMISSION TO THE VOTERS QUESTIONS RELATING TO CITY C- ARTER AMENDMENTS. WHEREAS,.pursuant to authority provided by the California Constitution, Article XI and r.. the Government Code, Title 4, Division 2, Chapter 2 (commencing at, 34450) and the Election Code Division 9, Chapter 3,Article 3 (commencing at§ 9255)of th-""State of California,and under the provisions of the:laws relating to Charter cities in the State of California, the City Council desires to hold a Special Municipal Election on March,;', 2024 to submit to the voters three questions relating to City Charter amendments; and / WHEREAS,the City Council is authorizes:and directed by statute to submit the proposed charter amendment(s)to the voters, /, ' NOW, THEREFORE, THE CITE COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, DOES RE`OLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: ,. SECTION 1. That pu :uant to the requirements of the laws of the State of California relating to Charter Cities "and pursuant to the California Constitution, Article XI and the ' Government Code,Tit1-'4,Division 2, Chapter 2 (commencing at § 34450) and the Election Code Division 9, Chapter ', Article 3 (commencing at § 9255) of the State of California,there is called and ordered to b- eld in the City of Huntington Beach, California, on Tuesday, March 5,2024, a Special Mun' `ipal Election for the purpose of submitting to the voters the following questions relating to ity Charter amendments: RESOLUTION NO. 2023A2 "Shall proposed Charter Amendment No. 1,which '" provides that commencing in 2026, for all municipal Yes elections,the City: may require Voter Identification I for elections; provide more in-person voting locations; and monitor ballot drop-boxes, be No /'' approved?" "Shall proposed Charter Amendment No. 2, which provides that the only flags to be displayed by the Yes City on City property are the United States Flag, the State of California Flag,the County of Orange Flag, the City of Huntington Beach Flag,the POW- MIA Flag,the six Armed Forces Flags,the No Olympic Flag during the Summer Olympic Game�; and any other flag if authorized by a unanimous, vote of the City Council, be approved?" "Shall proposed.Charter Amendment No. 3•to: commencing in 2026, require the City to adopt a two-year budget;update the procedures,cancel a Yes regular City Council meeting; update the process to fill a City Council vacancy; and amend outdated phrases, syntax, dates,pronouns, w•d thtles be approved?" r` No SECTION 2. That the complete text of the Charter Amendments submitted to the voters is attached as Exhibit A. 51 SECTION 3. That th; vote requirement for the measures to pass is a majority (50%+1) r of the votes cast. fr SECTION 4. T'at the ballots to be used at the election shall be in form and content as required by law. SECTION;`5. That the City Clerk is authorized,instructed and directed to coordinate with the County of Orange Registrar-Recorder/County Clerk to procure and furnish any and all official ballots,not ces,printed matter and all supplies,equipment and paraphernalia that may be necessary in order':to properly and lawfully conduct the_election. SECTION 6. That the polls(vote centers) for the election shall be open at seven o'clock r). 2 $23-13267/320953 n cz RESOLUTION NO. 2023-42 0 a.m. of the day of the election and shall remain open continuously from that time until 8 o'clock / p.m. of the same day when the polls (vote centers) shall be closed, pursuant to Election/Code § 10242, except asp in 14212, 14401 of the Elections Code of the State of Cal fornia. 0 � p provided §§ SECTION 7. That in all particulars not recited in this resolution, the ele tion shall be / held and conducted as provided by law for holding municipal elections. SECTION 8. That notice of the time and place of holding the election is given and the City.Clerk is authorized,instructed and directed to give further or, dditional notice of the election, in time, form and manner as required by law. f SECTION 9. That the CityClerk shall certifyto th'a passage and adoption of this . P g P Resolution and enter it into the book of original Resolutions. SECTION 10..The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall bepaid bythe Cityupon presentation of a properly p P submitted bill. • - / . ,f i y ,, , f l i; t r,. / 3 23-13267/320953 4, RESOLUTION NO. 2023-42 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 17thtay of October , 2023. Mayor REVIEWE D AP ROVED: APPROVED AS TO FORM: Fey City Ma r f.City Attorney I IATED AND r PPR• ED: w Cit fi fJ�a 4 3-13267/320953 RESOLUTION NO. 2023-42 EXHIBIT A CHARTER AMENDMENT MEASURES PROPOSED ADDITIONS SHOWN AS UNDERLINED PROPOSED DELETIONS SHOWN AS STRIKETHROUGH Charter Amendment Measure"No: 1 Section 702. PROCEDURE FOR HOLDING ELECTIONS. All elections shall be held in accordance with the provisions of the Elections Code of the State of California; as the same now exists or hereafter may be amended,for the holding of . municipal elections, so far as the same are not in conflict with this Charter. lathe event of such conflict,the provisions of this Charter shall control and prevail,"ir accordance with Section 103 of this Charter. Section 705. SPECIAL PROVISIONS RELATING TOIVIUNICIPAL ELECTIONS As in Section 300,.the City Charter shall determine the/elm of the.City's elective officers, the length of term, and the election cycle in which the elction for those offices occur for the City's elective officers. (a)Beginning in 2026, for all municipal elections: 11) "Elector".means a person who is a United States citizen 18 years of age or older, and a resident of the City on or before the day of an election. (2) The City may verify the eligibility of Electors by voter identification. (3)The City may rovide at least 20 Americans with Disabilities Act compliant voting locations for in-person voting dispersed evenly throughout the City,:in addition to any City facility voting locations. (4)The Cit may monitor ballot drop boxes located within the City for compliance with all applicable laws. Charter Amendment Measure No. 2 SECTION 806..1DISPLAY OF FLAGS. Except as otherwise provided herein,the City shall only fly or.display at or on any of the City's prop: i-fies 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 t reafter.The City may display any other flag in addition to those already enumerated,but only iauthorized by a unanimous vote of all members of the City Council. • • 5 23-13267/320953 • • 1‘. 6 RESOLUTION NO. 2023-42 / Charter Amendment Measure No. 3 Section 300. CITY COUNCIL,ATTORNEY, CLERK AND TREASURER. TERMS; The elective officers of the City shall consist of a City Council of seven members, a City Clerk, a City Treasurer and a City Attorney, all to be elected from the City at large at the time/and in the manner provided in this Charter and who shall serve for terms of four years and until their respective successors"qualify. Subject to the provisions of this Charter,the members of the City Council in office at the time this Charter takes.effect shall continue in office until the expiration of their respective terms and until their successors are elected and qualified./Consistent with the staggered election process established in the new Charter in 1966 and reaffirmed in 2024, four members of the City Council shall be elected at the general municipal election held in 1966 2022, and each fourth year thereafter.Three members of the City Council shall be elected.at the general.municipal election held in 1968=2024, and each fourth yeaiereafter.No person shall be elected as.a member of the City Council for more than two consecutive terms and no person who has been a member for more than two years of a term to which some other person was elected a member shall be"elected to the City Council more than one further consecutive term. Subject to the provisions of this Charter,the City Clerk, City Treasurer and City Attorney in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and the qualification of their successors. Consistent with the staggered election process established-in the new Charter in 1966 and rearmed/in 2024,"a City Clerk and City Treasurer shall be elected.at the general municipal election held in 1968 2024, and each fourth year thereafter."A City Attorney shall be elected in 2022, and each fourth year thereafter. The term of each member of the City Couneiil,the City Clerk,the City Treasurer and the City Attorney shall commence on the first Meay regular City Council meeting following the certification of the election. Ties in voting among candidates for office shall be settled by the casting-e s random drawing processtconducted by the City Manager during the first regular City Council meeting following the certification. If no candidate meets the qualifi cions for office of the City Clerk, City Treasurer, or City Attorney, the City Council shall fill that position by appointment until the next municipal general election in which a qualified andidate is elected. Section 303. MEETINGS AND LOCATION. r (a) Regular Meetings. The City Council shall hold regular meetings at least twice each month,unless it lacks a quorum or is canceled by the Mayor or a majority of City Council Members,.at suchime 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 e adjourn any regular meeting to.a date and hour certain which shall be specified in the order of adjournment, and when so,idjourned Each re-adjourned meeting shall be a regular meeting for all purposes.If 4 sha , ll 14 is t th h f ld,,,g reg„l r r eetir sAf at any time any regular meeting falls on a holey 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 ( ' . 6 -13267/320953" ,G 6` RESOLUTION NO..2023-42 (b) Special Meetings. A special meetingmaybe called at anytime bythe Mayor, orai P g � P Y � by / majority of the members of the City Council, by written notice or current technologyy to each ,,r/ 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,_4 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 45, 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 be4dispensed 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 he public peace,health or safety, a.special meeting may be called as provided in this sectioncwith less than twenty-four hours written notice by the Mayor.Pro Tern in the Mayor's absenc or by any member of the City Council in the absence of both the Mayor and Mayor Pro Tern provided that the nature of the emergency is set forth in the minutes of the meeting. (c) Place of Meetings. All regular meetings shall be)eld in the Council Chambers of the City or.in such place within the City to which any such,theeting may be adjourned. If,by reason of fire,flood or other emergency, it shall be unsafe torneet 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,.liy 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 permittedto attend such meetings, except that the provisions of this section shall not apply to cxecutive4losed sessions. Subject to the rules governing the conduct of City Council meetings, not`person shall be denied the right to be heard by the City Council. e . Dissemination of Info m ion. The CityCouncil shall p rules to ensure thorough ( ) adoptg and timely dissemination of iniormation via current technology by resolution: , Section 304. QUORUMS,PROCEEDINGS AND RULES OF ORDER. (a) Quorum. A majority of the members of the City Council shall constitute a quorum to do business but a lesseiiinumber may adjourn from time to time. In the absence of all the members of the City Councilfrorn any regular meeting or adjourned regular meeting, the City Clerk may declare the sameadjourned to a stated day and hour. The City Clerk shall cause written notice of a meeting adjourned by less than a quorum or by the.City Clerk to be delivered personally.,OF by mail or by current technology to each Council member at least twenty-four hours before the time to which tlle"meeting is.adjourned, or such notice may be dispensed with in the same manner as specified in this Charter for dispensing with notice ofspecial meetings of the City Council. 7 23-13267/320953 1 RESOLUTION NO. 2023-42 Section 311. CITY TREASURER. POWERS AND DUTIES. (d) Prepare and submit to the Director of Finance Chief Financial Officer m9 thly written reports of all receipts, disbursements and fund balances, and shall file copies (such reports with the City Manager and City Council. Section 312. VACANCIES,FORFEITURES AND REPLACEMENT. . . (a)Vacancies. A vacancy in the City Council or in any other of ce.designated as elective by this Charter, from whatever cause arising, shall be filled by a pointment by the City Council with at least four affirmative votes. • (b) Forfeiture. If a member of the City Council is abse 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 permi sion 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 cri .e of moral turpitude, or ceases to be an elector of the City, the office shall become vacant. I',e City Council shall declare the existence of such vacancy. Any elective officer of the City w)a o 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. Council shall fail to fill a vacancy by appointment P . In the event ', the City within sixty days after such offic hall become vacant,the City Council shall forthwith cause.an election to be held to fill such v cancy for the remainder of the unexpired term. If the City Council fills the vacancy by anointment, 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 Ae certification of the general municipal election, and the vacancy shall be filled in.accordance4with Sections 312(a) and 312(c). . Section 400. CIT MANAGER. COMPOSITION,TERM,ELIGIBILITY, REMOVAL. (d) Remol. 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. AtAny 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 n 'fication to the.City Clerk request a public hearing before the City Council, in which event the a ouncil shall fix,a time for a public hearing which shall be held at its regular meeting place 0 8 23-13267/320953 .- RESOLUTION NO. 2023-42 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 hia 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 pui'�pose 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. 7 Section 401;.POWERS AND DUTIES. 41. (b) Prepare the budget dually as required by this Charter, submits t to the City Council, and be responsible for its administration upon adoption. if / Section 601. BIENNIAL ANNUAL BUDGET,PREPARATION BY THE CITY MANAGER. At such date as the City Manager shall determe, 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 d partment'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 proposedbudget,the City Manager shall review the estimates,hold conferences thereon with theespective department heads, boards or commissions as necessary, and may revise ihe estimates as may be deemed advisable. Section 602. BIENNIAL ANNUAL B' DGET. 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 eaeli even numbered fiscal year beginning in 2026. After reviewing the proposed budgeta d 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 t i e City Clerk at least ten days prior to said hearing. z. Section 603. BIENNIAL ANNUAL BUDGET.PUBLIC HEARING. At the t' ` e so advertised or at any time to which such publichearing shall from time to time be adjo Pied,the City Council shall hold a public hearing on the proposed budget, at which interested p, sons desiring to be heard shall be given such opportunity. Section/604. BIENNIAL ANNUAL BUDGET. FURTHER CONSIDERATION AND ADO. ,TION. At the conclusion of the public hearing the City Council shall further consider the 9 23-13267/320953 . r RESOLUTION NO. 2023-42 ai proposed budget and make any revisions thereof that it may deem advisable and on or before the / last day of the fiscal year it shalladopt 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 shay" be in effect for the ensuing two fiscal.years. Copies thereof,:certified by the City Clerk, sha e filed with the City Manager,Director of Finance Chief Financial Officer,.City Treasurerind 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. if Section 605. BIENNIAL ANNUAL BUDGET APPROPRIATIONS. From the effective date of the budget,the several amounts stated therein as proposed expenditures shall be and become appropriated to the several departments, offices and agencies for the respective objects and purposes therein named; provided;However, that the City Manager may transfer funds from one object or purpose to another within the same department, office or agency. All appropriations shall lapse at the end of the second fiscal year to the extent that they shall not have been expended or lawfully encumbered. if At any public meeting after the adoption of the budget,the City Council may amend or supplement the budget by motion adopted by the affirmative vote of at least a majority of the total members of the City Council. Section 801. DEFINITIONS. Unless the provisions or the context otherwise requires, as used in this Charter: (a) "Shall" is mandatory, and "ma }is permissive. (b) "City" is the City of Huntington Beach and department, board, commission, "agency," "officer," or "employe" is a department,board, commission, agency, officer or employee, as the case may be, •f the.City of Huntington Beach. (c) "County" is the Co. ty of Orange. d "State" is the.State of California. e . The masculi e t) includes the feminine and the feminine includes the masculine. (fie) The singlaar includes the plural and the plural the singular. "Person" includes firm and corporation. Section 804. CHARTER REVIEW.The City Council shall determine if there is a need to conVeie a citizen's:Charter Review Commission to conduct a review of the.City Charter no less fregently than every ten years from the most recent formal Charter review conducted by a Charter Revision Commission, City Council, or City staff. 10 23-13267/320953 A', Res. No. 2023-42° STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a Regular meeting thereof held on October 17, 2023 by the following vote: AYES: Van Der Mark, Strickland, McKeon, Burns NOES: Kalmick, Moser, Bolton ABSENT: None RECUSE: None I declare, under penalty®f perjury,that I am employed 7 ;740L. 9--6/4/124,10,,t4) by the City of Huntington Beach, in the Office of the COlerk and that I posted this public notice on the City Clerk and ex-officio Clerk of the fdi-Ald& pos ng bulletin board at the Civic Center on // 14 s,, at � " a.m./rj rr. City Council of the City of Date //.7717 Huntington Beach, California .40V Signature �i�AAA064„,k_e9r enior Deputy City Clerk RESOLUTION NO. 2023-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON ,1 BEACH, CALIFORNIA, CALLING FOR THE 'HOLDING OF A SPECIAL/ MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 5, 2024, FOR THE SUBMISSION TO THE VOTERS QUESTIONS RELATING TO CITY CHAR.-ER AMENDMENTS. f WHEREAS,pursuant to authority provided by the California ConstitutiojArticle XI and the Government Code, Title 4, Division 2, Chapter 2 (commencing at § 3i40) and the Election 16 Code Division 9, Chapter 3,Article 3 (commencing at§ 9255)of the S at"e of California,and under the provisions of the laws relating to Charter cities in the Statf California, the City Council desires to hold a Special Municipal Election on March 5, 024 to submit to the voters three questions relating to City Charter amendments; and / WHEREAS,the City Council is authorizeda'nod directed by statute to submit the proposed charter amendment(s)to the voters, NOW, THEREFORE, THE CITY 'COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, DOES RES01LVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: ,K'y SECTION 1. That purs ant to the requirements of the laws of the State of California relating to Charter Cities, d pursuant to the California Constitution, Article XI and the Government Code, Title; Division 2, Chapter 2 (commencing at§ 34450) and the Election Code Division 9, Chapter 3:Article 3 (commencing at § 9255) of the State of California,there is called f and ordered to be 'eld in the City of Huntington Beach, California, on Tuesday, March 5, 2024, a Special Manic sal Election for the purpose of submitting to the voters the following questions relating to ity Charter amendments: RESOLUTION NO. 2023-42 sa Yam" '- "Shall proposed Charter Amendment No. 1, which '' provides that commencing in 2026, for all municipal Yes ,, elections,the City: may require Voter Identification for elections;provide more in-person voting ' t locations; and monitor ballot drop-boxes, be No approved?" "Shall proposed Charter Amendment No. 2, which `''� provides that the only flags to be displayed by the Y.es City on City property are the United States Flag, F the State of California Flag,the County of Orange . Flag,the City of Huntington Beach Flag, the POW- s MIA Flag,the six Armed Forces Flags,the 4No Olympic Flag during the Summer Olympic Games, ;/ and any other flag if authorized by a unanimous vote of the City Council,be approved?" i "Shall proposed Charter Amendment No. 3 to, commencing in 2026, require the City to adopt a two-year budget; update the procedures to,'`ancel a Yes regular City Council meeting; update throcess to fill a City Council vacancy; and amend outdatede�p phrases, syntax, dates,pronouns, d'titles be approved?" No SECTION 2. That the com Jete text of the Charter Amendments submitted to the voters is attached as Exhibit A. r SECTION 3. That se vote requirement for the measures to pass is a majority (50%+l) di of the votes cast. ;r A , SECTION 4. . at the ballots to be used at the election shall be in form and content as ar required by law. SECT.t N 5. That the City Clerk is authorized,instructed and directed to coordinate with the County of Orange Registrar-Recorder/County Clerk to procure and furnish any and all official ballots/ otices,printed matter and all supplies,equipment and paraphernalia that may be necessary in • der to properly and lawfully conduct the election. SECTION 6. That the polls (vote centers) for the election shall be open at seven o'clock 2 23-13267/320953 RESOLUTION NO. 2023-42 ,1, a.m. of the day of the election and shall remain open continuously from that time until 8 oo'pe'lock p.m. of thesame daywhen thepolls (vote centers) shall be closed, pursuant to Electi•,"h' Code § 10242, except as provided in §§ 14212, 14401 of the Elections Code of the State o,ifCalifornia. SECTION 7. That in all particulars not recited in this resolution,the election shall be held and conducted as provided by law for holding municipal elections. SECTION 8. That notice of the time and place of holding a election is given and the 9 City Clerk is authorized,instructed and directed to give further o .additional notice of the election, in time, form and manner as required by law. SECTION 9. That the City Clerk shall certify t e passage and adoption of this Resolution and enter it into the book of original Res of utions. SECTION 10. The City Council author:es the City Clerk to administer said election and of all reasonable and actual election expenses sVall be paid by the Cityupon presentation of a properly submitted bill. fi r SK,. J", t,: a 1 , 3 4 23-13267/320953 RESOLUTION NO. 2023-42: re �°�r J PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a / regular meeting thereof held on the 17tltlay of October , 2023. k ` .' II I Mayor REVIEWS ra : D AP r ROVED: APPROVD AS TO FORM: ikiiNkN.City M f_. C;y Attorney -I IATED AND / 'PRO ED: 'l w / Ci 1: a��� N lr i . ,, r r 194 d i ;t 4 23-13267/320953 RESOLUTION NO. 2023-42 Charter Amendment Measure No. 3 Section 300. CITY COUNCIL,ATTORNEY, CLERK AND TREASURER. TERMS. The elective officers of the City shall consist of a City Council of seven members, a City Jerk, a City Treasurer and a City Attorney, all to be elected from the City at large at the Dimes and in the manner provided in this Charter and who shall serve for terms of four years andtintil their respective successors qualify. Subject to the provisions of this Charter, the n e hers of the City Council in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and until their successors are elected and qualified. Consistent with the staggered election process established in the new Charter in 1966 andIeaffirmed in 2024, four members of the City Council shall be elected at the general municipal election held in 1966 2022, and each fourth year thereafter. Three members of the City,Council shall be elected at the general municipal election held in 1968-2024, and each fourth year thereafter.No person shall be elected as a member of the City Council for more than two c,nsecutive terms and no person who has been a member for more than two years of a term to w l ch some other person was elected a member shall be elected to the City Council more than le�further consecutive term. Subject to the provisions of this Charter,the City Clerk, City Trurer and City Attorney in office at the time this Charter takes effect shall continue in offce until the expiration of their respective terms and the qualification of their successors. Consistenwith the staggered election process established in the new Charter in 1966 and reaffirmed in 2024, a City Clerk and City Treasurer shall be elected at the general municipal election held in 196g 2024, and each fourth year thereafter. A City Attorney shall be elected 41966 2022, and each fourth year thereafter. The term of each member of the City Co, `' cil,the City Clerk,the City Treasurer and the City Attorney shall commence on the first onday, regular City Council meeting following the certification of the election. Ties in ,ting among candidates for office shall be settled by the casting of lots random drawing process conducted by the City Manager during the first regular rc City Council meeting following the certification. n If no candidate meets the qualifications for office of the City Clerk, City Treasurer, or City Attorney, the City Council shall fill that position by appointment until the next municipal general election in which a qualified candidate is elected. Section 303. MEETINGS AND LOCATION. (a) Regular Meetings. The City Council shall hold regular meetings at least twice each month, unless it lacks a quorum or is canceled by the Mayor or a majority of City Council Members, at such time as it shall fix by ordinance br 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-wheitsg-adj-entnedEach re-adjourned meeting shall be a regular meeting for all purposes. If ' l t t r f r-holding rega l ar meeting_If at any time any regular meeting falls on a holiday such regular meeting shall be held on the next business day. 5 k23-13267/320953 RESOLUTION NO. 2023-42 a Charter Amendment Measure No. 3 ,. d li Section 300. CITY COUNCIL,ATTORNEY, CLERK AND TREASURER. TERMS. The elective officers of the City shall consist of a City Council of seven members, a City`Clerk, a City Treasurer and a City Attorney, all to be elected from the City at large at themes and in the manner provided in this Charter and who shall serve for terms of four years a iti until their respective successors qualify. Subject to the provisions of this Charter,the members of the City h Council in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and until their successors are elected and qualified. Consistent with the staggered election process established in the new Charter in 1966 and4eaffirmed in 2022,four members of the City Council shall be elected at the general munical election held in 1966 2022, and each fourth year thereafter. Three members of the City/Council shall be elected at the general municipal election held in 1968-2024, and each fourth/ear thereafter.No person shall be elected as a member of the City Council for more than two consecutive terms and no person who has been a member for more than two years of a term to which some other person was elected a member shall be elected to the City Council more than op e further consecutive term. Subject to the provisions of this Charter, the City Clerk, City Tre�� urer and City Attorney in office at the time this Charter takes effect shall continue in office1iintil the expiration of their respective terms and the qualification of their successors. Consisten?with the staggered election process established in the new Charter in 1966 and reaffirmed in 2022, a City Clerk and City Treasurer shall be elected at the general municipal electio4 held in 196g 2024, and each fourth year thereafter. A City Attorney shall be elected i11966 2022, and each fourth year thereafter. The term of each member of the City Co u.,icil,the City Clerk,the City Treasurer and the City Attorney shall commence on the first Monday regular City Council meeting following the certification of the election. Ties in vatmg among candidates for office shall be settled by the casting of lots random thawing process conducted by the City Manager during the first regular City Council meeting following th?certification. If no candidate meets the qualir�"cations for office of the City Clerk, City Treasurer, or City Attorney, the City Council sh-"1 fill that position by appointment until the next municipal general election in which a qualifiedcandidate is elected. I Section 303. MEETINO AND LOCATION. I (a) Regular Mee,•ings. The City Council shall hold regular meetings at least twice each month, unless it lacy a quorum or is canceled by the Mayor or a majority of City Council Members, at such Mime as it shall fix by ordinance or resolution. In no event shall the City Council meet le 'than once each month. end 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_ ��`" Each re-adjourned meeting shall be a regular meeting for all purposes. If shall-be-hekl-at4he-hettr--fer-helding-regular-ffieetiligwAf at any time any regular meeting falls on a holid4such regular meeting shall be held on the next business day. ayI ,: 6 23-13267/320953 RESOLUTION NO. 2023-42 • (b) Special Meetings. A special meeting may be called at any time by the Mayor, or by a majority of the members of the City Council,by written notice or 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 personallyyer by, mail or by current technology at least twenty-four hours before the time of such meeting as , specified in the notice. 7 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 eftled 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 act11l3;present at the meeting at the time it convenes. In the event of an emergency affecting the4Sublic peace,health or safety, a special meeting may be called as provided in this section wi$Aess than twenty-four hours written notice by the Mayor Pro Tem in the Mayor's absence or3by 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 heldon 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 suchlace 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 specia' meetings of the City Council shall be open and public, and all persons shall be permitted tattend 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. I (e) Dissemination of Informal ion. The City Council shall adopt rules to ensure thorough and timely dissemination of info ation via current technology by resolution. Section 304. QUORUMS, P OCEEDINGS AND RULES OF ORDER. (a) Quorum. A maj o,i of the members of the City Council shall constitute a quorum to do business but a lesser n tuber may adjourn from time to time. In the absence of all the members of the City Council fm any regular meeting or adjourned regular meeting,the City Clerk may declare the same ad/urned to a stated day and hour. The City Clerk shall cause written notice of a meeting adj out }ed by less than a quorum or by the City Clerk to be delivered personally,OF by mail or by currant technology to each Council member at least twenty-four hours before the time to which the 0eting 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. 7 23-13267/320953 RESOLUTION NO. 2023-42 Section 311. CITY TREASURER. POWERS AND DUTIES. �' i (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 Stich reports with the City Manager and City Council. die Section 312. VACANCIES,FORFEITURES AND REPLACEMENT. (a) Vacancies. A vacancyin the CityCouncil or in anyother office designated as elective by this Charter, from whatever cause arising, shall be filled by app ntment by the City Council with at least four affirmative votes. (b) Forfeiture. If a member of the City Council is absent om all regular meetings of the City Council for a period of thirty consecutive days fro,> and after the last regular City Council meeting attended by such member, unless by permissjon of the City Council expressed in its official minutes,the office shall become vacant. If a elected City officer pleads guilty or no contest to or is convicted of a felony or any crim of moral turpitude, or ceases to be an elector of the City,the office shall become vacant. The ity Council shall declare the existence of such vacancy. Any elective officer of the City whOhall 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. 4/ (c) Replacement. In the event it the City Council shall fail to fill a vacancy by appointment within sixty days after such offices.all become vacant,the City Council shall forthwith cause an election to be held to fill such vac: cy 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 unexpiredlterm 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. ertification of the general municipal election, and the vacancy shall be filled in accordance with Sections 312(a) and 312(c). Section 400. CITY N7. AGER. COMPOSITION, TERM,ELIGIBILITY,REMOVAL. (d) RemoiThe City Manager shall not be removed from office during or within a period of ninety dayt succeeding any municipal election at which a member of the City Council is elected. At aner time the City Manager may be removed only at a regular meeting of the City Councilpon the affirmative vote of a majority of the members of the City Council. At least thirtyays prior to the effective date of removal,the City Manager shall be furnished with a written no Tice 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 i 8 23-13267/320953 RESOLUTION NO. 2023-42 • P�f before the expiration of the thirty-day period above referred to. The City Manager shall apfear and be heard at such hearing. After furnishing the City Manager with written notice of tire;l intended removal,the City Council may suspend the City Manager from duty,but hisilthe City Manager's compensation shall continue until removal as herein provided. In remoifig the City Manager,the City Council shall use its uncontrolled discretion and its action sha f 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 9ther and to the public all pertinent facts prior to the fmal action of removal. Section 401. POWERS AND DUTIES. ,"11 1 (b) Prepare the budget affilually as required by this Charter, submit it to the City Council, and be responsible for its administration upon adoption. 411 Section 601. BIENNIAL ANNUAL BUDGET, PREPAcIATION BY THE CITY MANAGER. At such date as the City Manager shall dete .dine, 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 thdepartment's, board's or commission's revenue and expenditures for the ensuing two fiscal ye�is, detailed in such manner as may be prescribed by the City Manager. In preparing the prope ed budget, the City Manager shall review the estimates, hold conferences thereon with tit respective department heads, boards or commissions as necessary, and may rev .e the estimates as may be deemed advisable. Section 602. BIENNIAL� UDGET. SUBMISSION TO THE CITY COUNCIL. The City Manager shall smit the proposed budget to the City Council at least thirty days prior to the beginning of e oh even numbered fiscal year beginning in 2026. After reviewing the proposed budge and making such revisions as it may deem advisable,the City Council shall hold a public hi 'ng 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. Copes of the proposed budget shall be available for inspection by the public in the office of tle City Clerk at least ten days prior to said hearing. Section 603. BIENNIAL ANNUAL BUDGET. PUBLIC HEARING. At the timid so advertised or at any time to which such public hearing shall from time to time be adjournee ,the City Council shall hold a public hearing on the proposed budget, at which . interested pers`ns desiring to be heard shall be given such opportunity. Section 604. BIENNIAL ANNUAL BUDGET. FURTHER CONSIDERATION AND ADOPT'in . JA t the conclusion of the public hearing the City Council shall further consider the 9 2 -13267/320953 RESOLUTION NO. 2023-42 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„le 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 cop(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 av fable 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 statetherein as proposed expenditures shall be and become appropriated to the several departments, offices and agencies for the respective objects and purposes therein named;provided, hckever, that the City Manager may transfer funds from one object or purpose to another withinhe same department, office or agency. All appropriations shall lapse at the end of the second ."seal year to the extent that they shall not have been expended or lawfully encumbered. At any public meeting after the adoption of the b-dget,the City Council may amend or supplement the budget by motion adopted by the aff 4ative vote of at least a majority of the total members of the City Council. Section 801.DEFINITIONS. Unless the provi 'ons or the context otherwise requires, as used in this Charter: f (a) "Shall" is mandatory, and "may" is permissive. (b) "City" is the City of Huntingtoj Beach and "department," "board," "commission," "agency," "officer," or "employee" isa 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/California. (e) The masculine ircludes the feminine and the feminine includes the masculine. (fe) The singul eludes the plural and the plural the singular. (g) "Person" includes firm and corporation. Section 804 CHARTER REVIEW. The City Council shall determine if there is a need to convene itizen's Charter Review Commission to conduct a review of the City Charter no less freque y than every ten years from the most recent formal Charter review conducted by a Chart. Revision Commission, City Council, or City staff. / 10 23-13267/320953 if -Q 40 Res. No. 20 3-42 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ROBIN ESTANISLAU, the my elected, qualified City Clerk of the City of Huntington Beach, and ex-officio lerk of the City Council of said City, do hereby certify that the whole number/members of the City Council of the City of Huntington Beach is seven; that th regoing resolution was passed and adopted by the affirmative vote of at least majority of all the members of said City Council at a Regular meeting thereof d on October 17, 2023 by the following vote: AYES: Van Der M ; , Strickland, McKeon, Burns NOES: Kalmick, oser, Bolton 1 ABSENT: None RECUSE: None /• ,3 ( 111/111L/. qdk1172111-41-4) M1 / City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California RESOLUTION NO. 2023-42 / "Shall proposed Charter Amendment No. 1, which provides that commencing in 2026, for all municipal Yes elections,the City may: require Voter ID for elections;provide more in-person voting locations; and monitor ballot drop-boxes,be approved?" No "Shall proposed Charter Amendment No. 2, which provides that the only flags to be displayed by the Y `s City on City property are the United States Flag, the County of Orange Flag,the City of Huntington Beach Flag,the POW-MIA Flag,the six Armed Forces Flags,the Olympic Flag during the Summer No Olympic Games, and any other flag if authorized by a unanimous vote of the City Council,be _approved?" "Shall proposed Charter Amendment No. 3 to:/ commencing in 2026, require the City to adopt a two-year budget; update the procedures to cancel a Yes regular City Council meeting; update the�rocess to fill a City Council vacancy; and amend/outdated phrases, syntax, dates,pronouns, and rtles be approved?" / No SECTION 2. That the comply e text of the Charter Amendments submitted to the voters is attached as Exhibit A. SECTION 3. That th= vote requirement for the measures to pass is a majority (50%+1) of the votes cast. SECTION 4. hat the ballots to be used at the election shall be in form and content as required by law. SECT CV. 5. That the City Clerk is authorized,instructed and directed to coordinate with the Coun of Orange Registrar-Recorder/County Clerk to procure and furnish any and all official ballot ,notices,printed matter and all supplies,equipment and paraphernalia that may be necessary in •rder to properly and lawfully conduct the election. SECTION 6. That the polls (vote centers) for the election shall be open at seven o'clock 2 23-13267/$20953 /'Y• G / RESOLUTION NO. 2023-42 ,/ / "Shall proposed Charter Amendment No. 1, which / provides that commencing in 2026, for all municipal Yes / elections,the City may: require Voter ID for •/ elections; provide more in-person voting locations; /., and monitor ballot drop-boxes, be approved?" No ,/ "Shall proposed Charter Amendment No. 2,which �,'�" provides that the only flags to be displayed by the Yes, City on City property are the United States Flag, the State of California Flag, the County of Orange Flag,the City of Huntington Beach Flag,the POW- MIA Flag,the six Armed Forces Flags,the . No Olympic Flag during the Summer Olympic Games, and any other flag if authorized by a unanimous vote of the City Council,be approved?" "Shall proposed Charter Amendment No. 3 to: commencing in 2026,require the City to adopt, two-year budget; update the procedures to ccel a Yes regular City Council meeting;update the process to fill a City Council vacancy;update the process to conduct a Charter review every ten(19)years; and amend outdated phrases, syntax, dates,,pronouns, and titles be approved?" fl No SECTION 2. That the complet text of the Charter Amendments submitted to the voters is attached as Exhibit A. SECTION 3. That the quirement for the measures to pass is a majority(50%+1) of the votes cast. , SECTION 4. That the ballots to be used at the election shall be in form and content as required by law. SECTION 5. That the City Clerk is authorized,instructed and directed to coordinate with the County of,Orange Registrar-Recorder/County Clerk to procure and furnish any and all official / ballots,notices,printed matter and all supplies,equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. / • // SECTION 6. That the polls (vote centers) for the election shall be open at seven o'clock / 23-13267/320953 RESOLUTION NO. 2023-42 / EXHIBIT A CHARTER AMENDMENT MEASURES PROPOSED ADDITIONS SHOWN AS UNDERLINED PROPOSED DELETIONS SHOWN AS STRIKETHROUGH / Charter Amendment Measure No. 1 / Section 702.PROCEDURE FOR HOLDING ELECTIONS. / All elections shall be held in accordance with the provisions of the Ele-tions Code of the State of California, as the same now exists or hereafter may be amended, fore holding of municipal elections, so fax as the same are not in conflict with this Charte : In the event of such conflict,the previsions of this Charter shall control and prevail, in accoance with Section 103 of this Charter. Section 705. SPECIAL PROVISIONS RELATING TO MUN CIPAL ELECTIONS As in Section 300,the City Charter shall determine the termfi 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 elecns: 7 (1) "Elector"means a person who/is a United States citizen 18 years of age or older, and a resident of the City on or before the day of an election. (2) The City may verify the ligibility of Electors by voter identification. (3) The City may provic}e at least 20 Americans with Disabilities Act compliant voting locations for in-person voting dispersed evenly throughout the City, in addition to any City facility voting locations. (4) The City ma monitor ballot drop boxes located within the City for compliance with all applicabl laws. Charter Amendment Measure No. 2 SECTION 806. DISP AY OF FLAGS. Except as o erwise provided herein,the City shall only fly or display at or on any of the City's properties e following flags: the American flag,the POW/MIA flag,the State of California flag, 4 e Huntington Beach City flag,the County of Orange flag, or any of the flags of the six branc -s of service: the Army,Navy, Air Force, Coast Guard,Marine Corps, and Space Force. D '• ' the Summer Olympic Games,the Mayor is authorized to order the display of the official 0 vmpic flags for four weeks prior to the dates of the games, and for up to two weeks thereaft- . The City may display any other flag in addition to those already enumerated,but only if auth►.rized by a unanimous vote of all members of the City Council. 5 2 -13267/320953 RESOLUTION NO. 2023-42 1 Charter Amendment Measure No. 3 Section 300. CITY COUNCIL, ATTORNEY, CLERK AND TREASURER. RMS. The elective officers of the City shall consist of a City Council of seven members, ity Clerk, a City Treasurer and a City Attorney, all to be elected from the City at large at o e times and in the manner provided in this Charter and who shall serve for terms of four year and until their respective successors qualify. Subject to the provisions of this Charter, r e members of the City Council in office at the time this Charter takes effect shall continue in d ffice until the expiration of their respective terms and until their successors are elected and q ified. Consistent with the sta. ered election .rocess established in the new Charter in 1966 d reaffirmed in 2022 four members of the City Council shall be elected at the general m .'cipal election held in 4966 2022, and each fourth year thereafter. Three members of the ty Council shall be elected at the general municipal election held in 1965-2024, and each fo rg year thereafter.No person shall be elected as a member of the City Council for more than tw5 consecutive terms and no person who has been a member for more than two years of a term t. hich some other person was elected a member shall be elected to the City Council more th. 6 one further consecutive term. Subject to the provisions of this Charter,the City Clerk, City easurer and City Attorney in office at the time this Charter takes effect shall continue in o e until the expiration of their respective terms and the qualification of their successors. Consi ent with the staggered election process established in the new Charter in 1966 and re rmed in 2022, a City Clerk and City Treasurer shall be elected at the general municipal ele tion held in 4965 2024, and each fourth year thereafter. A City Attorney shall be elect-,y in 4-966 2022, and each fourth year thereafter. The term of each member of the City r ouncil,the City Clerk,the City Treasurer and the City Attorney shall commence on the fir Menday regular City Council meeting following the certification of the election. Ties '. voting among candidates for office shall be settled by the casting of lots random drawing • ocess conducted by the City Manager during the first regular City Council meeting followi 11 the certification. If no candidate meets the • alifications for office of the City Clerk, City Treasurer, or City Attorney,the City Counc' shall fill that position by appointment until the next municipal general election in which a qu, fied candidate is elected. Section 303.MEE ► GS AND LOCATION. (a) Regular eetings. The City Council shall hold regular meetings at least twice each month,unless ' lacks a quorum or is canceled by the Mayor or a majority of City Council Members, at.uch time as it shall fix by ordinance or resolution. In no event shall the City Council m=-t less than once each month.an4 The City Council may adjourn or re adjourn any regular -eting to a date and hour certain which shall be specified in the order of adjournment_ . .. - -: Each re-adjourned meeting shall be a regular meeting for all purposes. If the h• to which a meeting is adjourned is not stated in the order of adjournment, such meeting Ch be held at the hour for holding regular meetings.=If at any time any regular meeting falls on a oliday such regular meeting shall be held on the next business day. 6 23-13267/320953 RESOLUTION NO. 2023-9 / ,, (b) Special Meetings. A special meeting may be called at any time by the Mayor, or ley a majority of the members of the City Council,by written notice or current technology tgfeach member of the City Council and to each local newspaper of general circulation,radio/6r television station requesting notice in writing. Such notice must be delivered perso iallyer by mail or by current technology at least twenty-four hours before the time of such,rneeting as specified in the notice. The call and notice shall specify the time and place of the special meetingiind the business to be transacted. No other business shall be considered at such meeting. If an/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 affe6ting 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 Trim provided that the nature of the emergency is set forth in the minutes of the meeting. �/ (c) Place of Meetings. All regular meetings shal).'e held in the Council Chambers of the City or in such place within the City to which any tch meeting may be adjourned. If,by reason of fire, flood or other emergency, it shall be unsaf6to meet in the place designated,the meetings may be held for the duration of the emergency t'such place within the City as is designated by the Mayor, or, if he the Mayor should fail to t,by a majority of the members of the City Council. • (d) Open Meetings. All regular and,pecial 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 oxccutt vvc closed sessions. Subject to the rules governing the conduct of City Council meetings,po person shall be denied the right to be heard by the City Council. / (e) Dissemination of Inf rmation. The City Council shall adopt rules to ensure thorough and timely dissemination o mformation via current technology by resolution. Section 304. QUORUMS,PROCEEDINGS AND RULES OF ORDER. (a) Quorum. ajority of the members of the City Council shall constitute a quorum to do business but a les er number may adjourn from time to time. In the absence of all the members of the City Co cil from any regular meeting or adjourned regular meeting,the City Clerk may declare the s• e adjourned to a stated day and hour. The City Clerk shall cause written notice of a meeting •,journed by less than a quorum or by the City Clerk to be delivered personally,er by mail or b, current technolo st to each Council member at least twenty-four hours before the time to whic d the meeting is adjourned, or such notice may be dispensed with in the same manner as spec''ed in this Charter for dispensing with notice of special meetings of the City Council. 7 23-13267/320953 RESOLUTION NO. 2023-42 fi,r r r / 1/ / Section 311. CITY TREASURER. POWERS AND DUTIES. �, �P / (d) Prepare and submit to the Director of Finance Chief Financial Officer monthly written reports of all receipts, disbursements and fund balances, and shall file copies of such reports with the City Manager and City Council. } / / / Section 312. VACANCIES,FORFEITURES AND REPLACEM)NT. (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 beheld to fill such vacancy for the remainder of thdunexpired term. If the City Council fills the vacancy by appointment, such appointee shall hold office until an election to fill the remainder of the unexpired term at the.next general municipal election. Should the appointment occur after the filing deadline for the next general municipal election,the seat shall be deemed vacant upon the certification of the general/municipal election, and the vacancy shall be filled in accordance with Sections 312(a) and 312(c). Section 400. CITY MANAGER. 7,COMPOSI ON, TERM,ELIGIBILITY,REMOVAL. (d) Removal. The City Manager shall nQbe 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 ote of a majority of the members of the City Council. At least thirty days prior to the effectiv date of removal,the City Manager shall be furnished with a written notice stating the Council's retentions and,if requested by the City Manager,the reasons therefor. Within seven days after eceipt of such notice,the City Manager may by written notification to the City Clerk r uest a public hearing before the City Council, in which event the Council shall fix a time for a jublic hearing which shall be held at its regular meeting place before the expiration of the ' -day period above referred to. The City Manager shall appear and be heard at such hear' g. After furnishing the City Manager with written notice of the intended removal,the C. Council may suspend the City Manager from duty, but his the City Manager's compensat n shall continue until removal as herein provided. In removing the City Manager,the City C uncil shall use its uncontrolled discretion and its action shall be final and shall not depend u on any particular showing or degree of proof at the hearing,the purpose of which is to allo the City Council and the City Manager to present to each other and to the public all perti ent facts prior to the final action of removal. Section 40 . POWERS AND DUTIES. (b) repare the budget annually as required by this Charter, submit it to the City Council, and be re ponsible for its administration upon adoption. 8 23-13267/320953 RESOLUTION NO. 2023-42 / Section 601.BIENNIAL ANNUAL BUDGET,PREPARATION BY THE CITY / MANAGER. f At such date as the City Manager shall determine, each board or commissio%and each department head shall furnish to the City Manager,personally, or through the Director of Finanee Chief Financial Officer, estimates of the department's,board's or corpihission's revenue and expenditures for the ensuing two fiscal year , detailed in such manner array be prescribed by the City Manager. In preparing the proposed budget,the City Manager hall review the estimates,hold conferences thereon with the respective department heads,boards or commissions as necessary, and may revise the estimates as may be dp4med advisable. f/ 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 revisiym s as it may deem advisable,the City Council shall hold a public hearing thereon at least fipeen days prior to the beginning of each even numbered fiscal year and shall cause to be pu Iished a notice thereof not less than ten days prior to said hearing. Copies of the proposed bud et shall be available for inspection by the public in the office of the City Clerk at least to days prior to said hearing. Section 603. BIENNIAL ANNUAL BUD ET. PUBLIC HEARING. At the time so advertised or at y 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 he d shall be given such opportunity. Section 604.BIENNIAL Ala BUDGET.FURTHER CONSIDERATION AND ADOPTION. At the conclusion/the public hearing the City Council shall further consider the proposed budget and m e 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 f the total members of the Council. Upon final adoption,the budget shall be in effect for the nsuing two fiscal years. Copies thereof, certified by the City Clerk, shall be filed with the Ci Manager,Director of Finance Chief Financial Officer, City Treasurer and the person retained y the City Council to perform the post audit function, and a further copy shall be placed, an. shall remain on file in the office of the City Clerk where it shall be available for public insp- tion. The budget so certified shall be reproduced and copies made available for the use of the .ublic and of departments, offices and agencies of the City. Sectio, 605. BIENNIAL EAU BUDGET APPROPRIATIONS. From the effective date of the budget,the several amounts stated therein as proposed e,penditures shall be and become appropriated to the several departments, offices and agencies 9 23-13267/320953 RESOLUTION NO. 2023-42 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. ,' I At any public meeting after the adoption of the budget,the City 'ouncil may amend or supplement the budget by motion adopted by the affirmative vote of a/least a majority of the total members of the City Council. Pf 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 Hu fington Beach. (c) "County" is the County of Orange. �/ (d) "State" is the'State of California. / ._ (e) The masculine includes the fe;riinine and the feminine includes the masculine. (Pe) The singular includes theylural and the plural the singular. (g ff) "Person" includes firm and corporation. Section 804. CHARTER$ VIEW. The City Council shall determine if there is a need to convene a citizen's Charr Review Commission to conduct a review of the City Charter no less frequently than every teii years from the most recent formal Charter review conducted by a Charter Revision Corr/mission, City Council, or City staff. 10 23-13267/320953 RESOLUTION NO. 2023-42 / . "Shall proposed Charter Amendment No. 1,which provides that commencing in 2026, for all municipal Yes elections,the City may: require Voter ID for / elections; provide more in-person voting locations; •,/ and monitor ballot drop-boxes, be approved?" No / "Shall proposed Charter Amendment No. 2, which �^� provides that the only flags to be displayed by the Yes// City on City property are the United States Flag, the State of California Flag,the County of Orange / / Flag,the City of Huntington Beach Flag,the POW- / MIA Flag,the six Armed Forces Flags,the % No Olympic Flag during the Summer Olympic Games, / and any other flag if authorized by a unanimous / vote of the City Council,be approved?" / "Shall proposed Charter Amendment No. 3 to: / commencing in 2026,require the City to adop�a/ two-year budget;update the procedures to cancel a Yes regular City Council meeting;update the Ocess to fill a City Council vacancy; and amend ozltdated phrases, syntax, dates, pronouns, and tides be approved?" / ,/ No i / SECTION 2. That the complete text of the Charter Amendments submitted to the voters is attached as Exhibit A. / SECTION 3. That the ote requirement for the measures to pass is a majority(50%+1) of the votes cast. / SECTION 4. iat the ballots to be used at the election shall be in form and content as required by law. / SEC 4 5. That the City Clerk is authorized,instructed and directed to coordinate with TII the County Hof Orange Registrar-Recorder/County Clerk to procure and furnish any and all official ballots,r otices,printed matter and all supplies,equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. / / SECTION 6. That the polls (vote centers) for the election shall be open at seven o'clock 2 23-13267/320953 RESOLUTION NO. 2023-42 EXHIBIT A CHARTER AMENDMENT MEASURES PROPOSED ADDITIONS SHOWN AS UNDERLINED ' PROPOSED DELETIONS SHOWN AS STRIKETHROUGH Charter Amendment Measure No. 1 • Section 702. PROCEDURE FOR HOLDING ELECTIONS. All elections shall be held in accordance with the provisions of the:' ections Code of the State of California, as the same now exists or hereafter may be amende•, or the holding of municipal elections, so far as the same are not in conflict with this C .4 er. In the event of such conflict,the provisions of this Charter shall control and prevail, in • cordance with Section 103 of this Charter. Section 705. SPECIAL PROVISIONS RELATING TO AZCIPAL ELECTIONS As in Section 300,the City Charter shall determine the t-. of the City's elective officers, the length of term, and the election cycle in which the ele II on for those offices occur for the City's elective officers. (a) Beginning in 2026, for all municipal `ections: (1) "Elector"means a perso ho is a United States citizen 18 years of age or older, and a resident of the City on or bef, e the day of an election. (2) The City may veri►, the eligibility of Electors by voter identification. (3) The City may ovide at least 20 Americans with Disabilities Act compliant voting locations for in-person v ting dispersed evenly throughout the City, in addition to any City facility voting locations. (4) The Ci' may monitor ballot drop boxes located within the City for compliance with all ap.. cable laws. Charter Amendment Measure No. 2 SECTION 806 I ISPLAY OF FLAGS. Exc-.t as otherwise provided herein,the City shall only fly or display at or on any of the City's pro%erties the following flags: the American flag,the POW/MIA flag, the State of Califo '• flag, the Huntington Beach City flag,the County of Orange flag, or any of the flags of the si •ranches of service: the Army,Navy, Air Force, Coast Guard, Marine Corps, and Space Forc-. During the Summer Olympic Games,the Mayor is authorized to order the display of the o .cial Olympic flags for four weeks prior to the dates of the games, and for up to two weeks ereafter. The City may display any other flag in addition to those already enumerated,but only if authorized by a unanimous vote of all members of the City Council. 5 23-13267/320953 RESOLUTION NO. 2023-42 , '' Charter Amendment Measure No. 3 // Section 300. CITY COUNCIL,ATTORNEY, CLERK AND TREASURER. TEMS. The elective officers of the City shall consist of a City Council of seven members, a City Clerk, a City Treasurer and a City Attorney, all to be elected from the City at large at thftimes and in the manner provided in this Charter and who shall serve for terms of four years Arid until their respective successors qualify. Subject to the provisions of this Charter,thennembers of the City Council in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and until their successors are elected and qualified. Consistent with the staggered election process established in the new Charter in 1966 and reaffirmed in 2024,four members of the City Council shall be elected at the general muni,e1.pal election held in 6 2022, and each fourth year thereafter. Three members of the City Council shall be elected at the general municipal election held in 1964-2024, and each fourth year thereafter. No person shall be elected as a member of the City Council for more than two'onsecutive terms and no person who has been a member for more than two years of a term to which some other person was elected a member shall be elected to the City Council more thaVone further consecutive term. Subject to the provisions of this Charter,the City Clerk, City Treasurer and City Attorney in office at the time this Charter takes effect shall continue in office e until the expiration of their respective terms and the qualification of their successors. Consistent with the staggered election process established in the new Charter in 1966 and reaffirmed in 2024, a City Clerk and City Treasurer shall be elected at the general municipal el ction held in 1968 2024, and each fourth year thereafter. A City Attorney shall be elec d in 1966 2022, and each fourth year thereafter. / The term of each member of the City ouncil,the City Clerk,the City Treasurer and the City Attorney shall commence on the fir t Monday regular City Council meeting following the certification of the election. Tiesiii voting among candidates for office shall be settled by the casting of Iota random drawing 'rocess conducted by the City Manager during the first regular City Council meeting followng the certification. If no candidate meets the d alifications for office of the City Clerk, City Treasurer, or City Attorney,the City Co it shall fill that position by appointment until the next municipal general election in which a qu ified candidate is elected. Section 303. ME INGS AND LOCATION. (a) Regula Meetings. The city Council shall hold regular meetings at least twice each month,unles it lacks a quorum or is canceled by the Mayor or a majority of City Council Members, a such time as it shall fix by ordinance-or resolution. In no event shall the City Council et less than once each month.and The City Council may adjourn or re adjourn any regular eeting to a date and hour certain which shall be specified in the order of adjournment, Each re-adjourned meeting shall be a regular meeting for all purposes. If If at any time any regular meeting falls on a liday such regular meeting shall be held on the next business day. 5 23-13267/320953 RESOLUTION NO. 2023-42 Charter Amendment Measure No. 3 Section 300. CITY COUNCIL,ATTORNEY, CLERK AND TREASURER TE The elective officers of the City shall consist of a City Council of seven members, a City erk, a City Treasurer and a City Attorney, all to be elected from the City at large at the t' es and in the manner provided in this Charter and who shall serve for terms of four years an til their respective successors qualify. Subject to the provisions of this Charter,the is-mbers of the City Council in office at the time this Charter takes effect shall continue in offl- until the expiration of their respective terms and until their successors are elected and quali r ed. Consistent with the staggered election process established in the new Charter in 1966 an•. eaffirmed in 2024,four members of the City Council shall be elected at the general munici al election held in 1966 • 2022, and each fourth year thereafter. Three members of the Ci Council shall be elected at the general municipal election held in 1968 2024, and each fou ear thereafter.No person shall be elected as a member of the City Council for more than two nsecutive terms and no person who has been a member for more than two years of a term to 'ch some other person was elected a member shall be elected to the City Council more than ne further consecutive term. Subject to the provisions of this Charter,the City Clerk, City Tr asurer and City Attorney in office at the time this Charter takes effect shall continue in offi until the expiration of their respective terms and the qualification of their successors. Consist., t with the staggered election process established in the new Charter in 1966 and rea armed in 2024, a City Clerk and City Treasurer shall be elected at the general municipal elec on held in 1968-2024, and each fourth year thereafter. A City Attorney shall be electe• in 1966 2022, and each fourth year thereafter. The term of each member of the City ,•uncil,the City Clerk,the City Treasurer and the City Attorney shall commence on the firs '•' :-:. regular City Council meeting following the certification of the election. Ties ' oting among candidates for office shall be settled by the casting of lob random drawing p ocess conducted by the City Manager during the first regular City Council meeting followin, the certification. If no candidate meets the . :alifications for office of the City Clerk, City Treasurer, or City Attorney,the City Counc' shall fill that position by appointment until the next municipal general election in which a qua feed candidate is elected. Section 303.MEE I GS AND LOCATION. (a) Regular eetings. The City Council shall hold regular meetings at least twice each month,unless t lacks a quorum or is canceled by the Mayor or a majority of City Council . Members, a such time as it shall fix by ordinance or resolution. In no event shall the City Council • •et less than once each month. The City Council may adjourn or re adjourn any regular . eeting to a date and hour certain which shall be specified in the order of adjournment, ., _ . .. . _ ._ . .. .-: Each re-adjourned meeting shall be a regular meeting for all purposes. If the •ur to which a meeting is adjourned is not stated in the order of adjournment, such meeting sh • be held at the hour for holding regular meetings.-If at any time any regular meeting falls on . oliday 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 6 23-13267/320953 RESOLUTION NO. 2023-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD ON MARCH 5, 2024, WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD ON THE DATE PURSUANT TO § 10403 OF THE ELECTIONS CODE. WHEREAS, the City Council of the City of Huntington Beach called a Special Municipal Election to be held on March 5, 2Q24, for the purpose of submitting to the voters questions relating to amending the City Charter; and WHEREAS,it is desirable that the Special Municipal Election be consolidated with the Statewide Primary Election to be held on the same date and that within the City, polling places (vote centers) and election officers of the two elections be the same, and that the county election department of the County of Orange canvass the returns of the Special Municipal Election and that the election be held in all respects as if there were only one election; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of§ 10403 of the Elections Code, the Board of Supervisors of the County of Orange is hereby requested to consent and agree to the consolidation of a Special Municipal Election for the purpose of submitting to the voters three questions relating to amending the City Charter,with the Statewide Primary Election on Tuesday, March 5, 2024, and SECTION 2. That the measures are to appear on the ballot as follows: RESOLUTION NO.2023-43 "Shall proposed Charter Amendment No. 1,which provides that commencing in 2026,for all municipal elections,the City: may Yes require Voter Identification for elections;provide more in-person voting locations; and monitor ballot drop-boxes,be approved?" No "Shall proposed Charter Amendment No. 2,which provides that yes the only flags to be displayed by the City on City property are the United States Flag,The State of California Flag,the County of Orange Flag,the City of Huntington Beach Flag,the POW- MIA Flag, the six Armed Forces Flags,the Olympic Flag during the Summer Olympic Games, and any other flag if authorized by a unanimous vote of the City Council,be approved?" No "Shall proposed Charter Amendment No. 3 to: commencing in 2026,require the City to adopt a two-year budget; update the Yes procedures to cancel a regular City Council meeting;update the process to fill a City Council vacancy; and amend outdated phrases, syntax, dates,pronouns, and titles be approved?" No SECTION 3. That the proposed complete text of the measures submitted to the voters are attached to this resolution as Exhibit A. SECTION 4. That the vote requirement burr the measures to pass is a majority(50%+1) of the votes cast. SECTION 5. That the county election department is authorized to canvass the returns of the Special Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. The election will be held and conducted in accordance with the provisions of law regulating the statewide or special election. SECTION 6. That the Board of Supervisors is requested to issue instructions to the county election department to take any and all steps necessary for the holding of the consolidated election. 2 23-13267/320952 RESOLUTION NO. 2023-43 SECTION 7. That the City of Huntington Beach recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs. SECTION 8. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the county election department of the County of Orange. SECTION 9. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 17th day of October ,2023. l 1'7 ,e,OtD Mayor REVIEWED AND APPROV D: APPROVED AS TO FORM: Pc City Manager fr City Attorney INITIATED AND APPROVED: City Manag 3 23-13267/320952 RESOLUTION NO. 2023-43 EXHIBIT A CHARTER AMENDMENT MEASURES PROPOSED ADDITIONS SHOWN AS UNDERLINED PROPOSED DELETIONS SHOWN AS STRIKETHROUGH Charter Amendment Measure No. 1 Section 702.PROCEDURE FOR HOLDING ELECTIONS. All elections shall be held in accordance with the provisions of the Elections Code of the State of California, as the same now exists or hereafter may be amended, for the holding of municipal elections, so far as the same are not in conflict with this Charter. In the event of such conflict,the provisions of this Charter shall control and prevail, in accordance with Section 103 of this Charter. Section 705. SPECIAL PROVISIONS RELATING TO MUNICIPAL ELECTIONS As in Section 300,the City Charter shall determine the term of the City's elective officers, the length of term, and the election cycle in which the election for those offices occur for the City's elective officers. (a) Beginning in 2026, for all municipal elections: (1) "Elector"means a person who is a United States citizen 18 years of age or older, and a resident of the City on or before the day of an election. (2) The City may verify the eligibility of Electors by voter identification. (3) The City may provide at least 20 Americans with Disabilities Act compliant voting locations for in-person voting dispersed evenly throughout the City, in addition to any City facility voting locations. (4) The City may monitor ballot drop boxes located within the City for compliance with all applicable laws. Charter Amendment Measure No. 2 SECTION 806. DISPLAY OF FLAGS. Except as otherwise provided herein,the City shall only fly or display at or on any of the City's properties the following flags: the American flag,the POW/MIA flag, the State of California flag,the Huntington Beach City flag,the County of Orange flag, or any of the flags of the six branches of service: the Army,Navy,Air Force, Coast Guard, Marine Corps, and Space Force. During the Summer Olympic Games,the Mayor is authorized to order the display of the official Olympic flags for four weeks prior to the dates of the games, and for up to two weeks thereafter. The City may display any other flag in addition to those already enumerated,but only if authorized by a unanimous vote of all members of the City Council. 4 23-13267/320952 RESOLUTION NO. 2023-43 Charter Amendment Measure No. 3 Section 300. CITY COUNCIL,ATTORNEY, CLERK AND TREASURER TERMS. The elective officers of the City shall consist of a City Council of seven members, a City Clerk, a City Treasurer and a City Attorney, all to be elected from the City at large at the times and in the msnner provided in this Charter and who shall serve for terms of four years and until their respective successors qualify. Subject to the provisions of this Charter,the members of the City Council in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and until their successors are elected and qualified. Consistent with the staggered election process established in the new Charter in 1966 and reaffirmed in 2024, four members of the City Council shall be elected at the general municipal election held in 4-9.66 2022, and each fourth year thereafter. Three members of the City Council shall be elected at the general municipal election held in 1965-2024, and each fourth year thereafter. No person shall be elected as a member of the City Council for more than two consecutive terms and no person who has been a member for more than two years of a term to which some other person was elected a member shall be elected to the City Council more than one further consecutive term. Subject to the provisions of this Charter,the City Clerk, City Treasurer and City Attorney in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and the qualification of their successors. Consistent with the staggered election process established in the new Charter in 1966 and reaffirmed in 2024, a City Clerk and City Treasurer shall be elected at the general municipal election held in 1968 2024, and each fourth year thereafter. A City Attorney shall be elected in 4-966 2022, and each fourth year thereafter. The term of each member of the City Council,the City Clerk,the City Treasurer and the City Attorney shall commence on the first Monday regular City Council meeting following the certification of the election. Ties in voting among candidates for office shall be settled by the casting of lots random drawing process conduct& by the City Manager during the first regular City Council meeting following the certification. If no candidate meets the qualifications for office of the City Clerk, City Treasurer, or City Attorney,the City Council shall fill that position by appointment until the next municipal general election in which a qualified candidate is elected. Section 303.MEETINGS AND LOCATION. (a) Regular Meetings. The City Council shall hold regular meetings at least twice each month, unless it lacks a quorum or is canceled by the Mayor or a majority of City Council Members, at such time as it shall fix by ordinance or resolution. In no event shall the City Council meet less than once each month.and The City Council may adjourn or re adjourn any' regular meeting to a.date and hour certain which shall be specified in the order of adjournment_ Each re-adjourned meeting shall be a regular meeting for all purposes. If shall la t+h h - f r hold n regular meetirbs:If at any time any regular meeting falls'on a holiday such regular meeting shall be held on the next business day. 5 23-13267/320952 RESOLUTION NO. 2023-43 (b) Special Meetings. A special meeting may be called at anytime 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,er by mail or by current technology at least twenty-four hours before the time of such meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted.No other business shall be considered at such meeting. If any person entitled to such written notice files a written waiver of notice with the City Clerk, it may be dispensed with. This notice requirement shall be considered fulfilled as to any person who is actually present at the meeting at the time it convenes. In the event of an emergency affecting the public peace,health or safety, a special meeting may be called as provided in this section with less than twenty-four hours written notice by the Mayor Pro Tem in the Mayor's absence or by any member of the.City Council in the absence of both the Mayor and Mayor Pro Tem provided that the nature of the emergency is set forth in the minutes of the meeting. (c) Place of Meetings. All regular meetings shall be held in the Council Chambers of the City or in such place within the City to which any such meeting may be adjourned. If,by reason of fire, flood or other emergency, it shall be unsafe to meet in the place designated,the meetings may be held for the duration of the emergency at such place within the City as is designated by the Mayor, or, if he the Mayor should fail to act,by a majority of the members of the City Council. (d) Open Meetings. All regular and special meetings of the City Council shall be open and public, and all persons shall be permitted to attend such meetings, except that the provisions of this section shall not apply to executive closed sessions. Subject to the rules governing the conduct of City Council meetings,no person shall be denied the right to be heard by the City Council. (e) Dissemination of Information. The City Council shall adopt rules to ensure thorough and timely dissemination of information via current technology by resolution. Section 304. QUORUMS,PROCEEDINGS AND RULES OF ORDER. (a) Quorum. A majority of the members of the City Council shall constitute a quorum to do business but a lesser number may adjourn from time to time. In the absence of all the members of the City Council from any regular meeting or adjourned regular meeting,the City Clerk may declare the same adjourned to a stated day and hour. The City Clerk shall cause written notice of a meeting adjourned by less than a quorum or by the City Clerk to be delivered personally Of by mail or by current technology to each Council member at least twenty-four hours before the time to which the meeting is adjourned, or such notice may be dispensed with in the same manner as specified in this Charter for dispensing with notice of special meetings of the City Council. • 6 23-13267/320952 RESOLUTION NO. 2023-43 Section 311. CITY TREASURER. POWERS AND DUTIES. (d) Prepare and submit to the Director of Finance Chief Financial Officer monthly written reports of all receipts, disbursements and fund balances, and shall file copies of such reports with the.City Manager and City Council. Section 312.VACANCIES,FORFEITURES AND REPLACEMENT. (a)Vacancies. A vacancy in the City Council or in any other office designated as elective by this Charter, from whatever cause arising, shall be filled by appointment by the City Council with at least four affirmative votes. (b) Forfeiture. If a member of the City Council is absent from all regular meetings of the City Council for a period of thirty consecutive days from and after the last regular City Council meeting attended by such member,unless by permission of the City Council expressed in its official minutes,the office shall become vacant. If an elected City officer pleads guilty or no contest to or is convicted of a felony or any crime of moral turpitude, or ceases to be an elector of the City, the office shall become vacant. The City Council shall declare the existence of such vacancy. Any elective officer of the City who shall accept or retain any other elective public office, except as provided in this Charter, shall be deemed thereby to have vacated the office under the City Government. (c) Replacement. In the event it the City Council shall fail to fill a vacancy by appointment within sixty days after such office shall become vacant,the City Council shall forthwith cause an election to be held to fill such vacancy for the remainder of the unexpired term. If the City Council fills the vacancy by appointment, such appointee shall hold office until an election to fill the remainder of the unexpired term at the next general municipal election. Should the appointment occur after the filing deadline for the next general municipal election,the seat shall be deemed vacant upon the certification of the general municipal election, and the vacancy shall be filled in accordance with Sections 312(a) and 312(c). Section 400. CITY MANAGER. COMPOSITION, TERM,ELIGIBILITY,REMOVAL. (d) Removal. The City Manager shall not be removed from office during or within a period of ninety days next succeeding any municipal election at which a member of the City Council is elected. At any other time the City Manager may be removed only at a regular meeting of the City Council and upon the affirmative vote of a majority of the members of the City Council. At least thirty days prior to the effective date of removal,the City Manager shall be furnished with a written notice stating the Council's intentions and, if requested by the City Manager,the reasons therefor. Within seven days after receipt of such notice,the City Manager may by written notification to the City Clerk request a public hearing before the City Council, in which event the Council shall fix a time for a public hearing which shall be held at its regular meeting place before the expiration of the thirty-day period above referred to. The City Manager shall appear and be heard at such hearing. After furnishing the City Manager with written notice of the 7 23-13267/320952 RESOLUTION NO. 2023-43 • intended removal,the City Council may suspend the City Manager from duty,but his the City Manager's compensation shall continue until removal as herein provided. In removing the City Manager,the City Council shall use its uncontrolled discretion and its action shall be final and shall not depend upon any particular showing or degree of proof at the hearing,the purpose of which is to allow the City Council and the City Manager to present to each other and to the public all pertinent facts prior to the final action of removal. • Section 401. POWERS AND DUTIES. (b) Prepare the budget affnually as required by this Charter, submit it to the City Council, and be responsible for its administration upon adoption. Section 601. BIENNIAL ANNUA.T.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 ice Chief Financial Officer, estimates of the department's, board's or commission's revenue and expenditures for the ensuing two fiscal year , detailed in such manner as may be prescribed by the City Manager. In preparing the proposed budget,the City Manager shall review the estimates, hold conferences thereon with the respective department heads,boards or commissions as necessary, and may revise the estimates as may be deemed advisable. Section 602.BIENNIAL ANNUM.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 atleast 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 AL 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 8 23-13267/320952 RESOLUTION NO. 2023-43 be in effect for the ensuing two fiscal years. Copies thereof, certified by the City Clerk, shall be filed with the City Manager,Director of Finance Chief Financial Officer, City Treasurer and the person retained by the City Council to perform the post audit function, and a further copy shall be placed, and shall remain on file in the office of the City Clerk where it shall be available for public inspection. The budget so certified shall be reproduced and copies made available for the use of the public and of departments, offices and agencies of the City. Section 605.BIENNIAL ANNUAL BUDGET APPROPRIATIONS. From the effective date of the budget,the several amounts stated therein as proposed expenditures shall be and become appropriated to the several departments, offices and agencies for the respective objects and purposes therein named;provided,however, that the City Manager may transfer funds from one object or purpose to another within the same department, office or agency. All appropriations shall lapse at the end of the second fiscal year to the extent that they • shall not have been expended or lawfully encumbered. At any public meeting after the adoption of the budget,the City Council may amend or supplement the budget by motion adopted by the affirmative vote of at least a majority of the total members of the City Council. Section 801.DEFINITIONS. Unless the provisions or the context otherwise requires, as used in this Charter: (a) "Shall" is mandatory, and "may" is permissive. (b) "City" is the City of Huntington Beach and "department," "board," "commission," "agency," "officer," or "employee" is a department,board, commission, agency, officer or employee, as the case may be, of the City of Huntington Beach. (c) "County" is the County of Orange. (d) "State" is the State of California. (e) The masculine includes the feminine and the feminine includes the masculine. (€-c) 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. 9 • 23-13267/320952 Res. No. 2023-43 STATE OF CALIFORNIA • COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a Regular meeting thereof held on October 17, 2023 by the following vote: AYES: Van Der Mark, Strickland, McKeon, Burns NOES: Kalmick, Moser, Bolton ABSENT: None RECUSE: None ( 04(41, 9•6/412Zdttu) City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California {{. RESOLUTION NO. 2023743 / "Shall proposed Charter Amendment No. 1,which provides that ,�`` commencing in 2026, for all municipal elections,the City may: Yes' require Voter ID for elections;provide more in-person voting locations; and monitor ballot drop-boxes, be approved?" // t .rf f,f. / 7 . No "Shall proposed Charter Amendment No. 2,which provides that,/ yes the only flags to be displayed by the City on City property are the United States Flag, The State of California flag, the Coun of Orange Flag,the City of Huntington Beach Flag, the PO MIA Flag, the six Armed Forces Flags,the Olympic Flag/during the Summer Olympic Games, and any other flag if authorized by a unanimous vote of the City Council, be approved?"/ No "Shall proposed Charter Amendment No. 3 to: corinencing in 2026, require the City to adopt a two-year budge";update the Yes procedures to cancel a regular City Council mting; update the process to fill a City Council vacancy; and Tend outdated phrases, syntax, dates, pronouns, and titles,lie approved?" No / SECTION 3. That the proposed complete text of the measures submitted to the voters are attached to this resolution alExhibit A. SECTION 4. That e vote requirement for the measures to pass is a majority(50%+1) of the votes cast. SECTION 5. at the county election department is authorized to canvass the returns of the Special Municipal Election. The election shall be held in all respects as if there were only one election, d only one form of ballot shall be used. The election will be held and conducted in accorda{ce with the provisions of law regulating the statewide or special election. ECTION 6. That the Board of Supervisors is requested to issue instructions to the co ,ty election department to take any and all steps necessary for the holding of the consolidated ection. 2 23-13267/320952 RESOLUTION NO. 2023-43 r 4, Charter Amendment Measure No. 3 M Section 300. CITY COUNCIL, ATTORNEY, CLERK AND TREASUREI . TERMS. The elective officers of the City shall consist of a City Council of seven members, a City Clerk, a City Treasurer and a City Attorney, all to be elected from the City at 1 .ge at the times and in the manner provided in this Charter and who shall serve for terms of fouryears and until their respective successors qualify. Subject to the provisions of this Chafer,the members of the City Council in office at the time this Charter takes effect shall contine in office until the expiration of their respective terms and until their successors are elected and qualified. Consistent with the staggered election process established in the new Charter in2966 and reaffirmed in 2022, four members of the City Council shall be elected at the gener l4municipal election held in 6 2022, and each fourth year thereafter. Three members othe City Council shall be elected at the general municipal election held in 1968-2024, and each fourth year thereafter. No person shall be elected as a member of the City Council for more tail two consecutive terms and no person who has been a member for more than two years of a term to which some other person was elected a member shall be elected to the City Council male than one further consecutive term. Subject to the provisions of this Charter,the City Clerk,. ity Treasurer and City Attorney in office at the time this Charter takes effect shall continue office until the expiration of their respective terms and the qualification of their successors. onsistent with the staggered election process established in the new Charter in 1966 a d reaffirmed in 2022, a City Clerk and City Treasurer shall be elected at the general munici election held in 1968 2024, and each fourth year thereafter. A City Attorney shall be ected in 6 2O22, and each fourth year thereafter. The term of each member of thety Council,the City Clerk,the City Treasurer and the City Attorney shall commence on tit&first Monday regular City Council meeting following the certification of the election. ''es in voting among candidates for office shall be settled by the casting of lots random dra • .rocess conducted b the Ci Mana•er durin• the first re• lar Ci Council meetin• fol a win. the certification. If no candidate meets . e qualifications for office of the City Clerk, City Treasurer, or City Attorney,the City vuncil shall fill that position by appointment until the next municipal general election in which . qualified candidate is elected. Section 303. r ETINGS AND LOCATION. (a) Re y.lar Meetings. The City Council shall hold regular meetings at least twice each month, ess it lacks a quorum or is canceled by the Mayor or a majority of City Council Members;at such time as it shall fix by ordinance or resolution. In no event shall the City Counc%meet less than once each month.en4 The City Council may adjourn or re adjourn any re meeting to a date and hour certain which shall be specified in the order of adjournment Each re-adjourned meeting shall be a regular meeting for all purposes. If hour to which a meeting is adjourned is not stated in the order of adjournment, such meeting all be held at the hour for holding regular mectings.-If at any time any regular meeting falls on /a holiday such regular meeting shall be held on the next business day. 5 23-13267/320952 RESOLUTION NO. 2023-4,3' "Shall proposed Charter Amendment No. 1, which provides that commencing in 2026, for all municipal elections,the City may: Yes „ require Voter ID for elections;provide more in-person voting locations; and monitor ballot drop-boxes, be approved?" No "Shall proposed Charter Amendment No. 2,which provides that Yes the only flags to be displayed by the City on City property are the United States Flag,the County of Orange Flag,the City of , Huntington Beach Flag,the POW-MIA Flag, the six Armed Forces Flags,the Olympic Flag during the Summer Olympic,/ Games, and any other flag if authorized by a unanimous vgte of the City Council,be approved?" /i No "Shall proposed Charter Amendment No. 3 to: commencing in 2026, require the City to adopt a two-year budget; update the Yes procedures to cancel a regular City Council meetrfg; update the process to fill a City Council vacancy; and amend outdated phrases, syntax, dates,pronouns, and titles be/approved?" No / / SECTION 3. That the propos'6d complete text of the measures submitted to the voters f are attached to this resolution as Exhibit A. SECTION 4. That the/vote requirement for the measures to pass is a majority (50%+1) of the votes cast. %/ i SECTION 5. That the county election department is authorized to canvass the returns of i the Special Munici01 Election. The election shall be held in all respects as if there were only one election, and/only one form of ballot shall be used. The election will be held and conducted i / in accordance with the provisions of law regulating the statewide or special election. SECTION 6. That the Board of Supervisors is requested to issue instructions to the coun election department to take any and all steps necessary for the holding of the consolidated el ction. 2 23-13267/320952 RESOLUTION NO. 2023-43 f EXHIBIT A /AMENDMENT MEASURES r' PROPOSED ADDITIONS SHOWN AS UNDERLINED f' PROPOSED DELETIONS SHOWN AS STRIKETHROUGH .!` Charter Amendment Measure No. 1 /� Section 702. PROCEDURE FOR HOLDING ELECTIONS. All elections shall be held in accordance with the provisions of the Elections Code of the State of California, as the same now exists or hereafter may be amended, for the holding of municipal elections, so far as the same are not in conflict with this,Charter. In the event of 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 309,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. f; (a) Beginning in 2026, for all municipal elections: / (1) "Elector"means a person who is a United States citizen 18 years of age or older, and a resident of the City on or before the day of an election. (2)The City may verify the eligibility of Electors by voter identification. (3) The City may provide at least 20 Americans with Disabilities Act compliant voting locations for in-person voting dispersed evenly throughout the City, in addition to any City facility voting locations. (4) The City may monitor ballot drop boxes located within the City for compliance with all applicable laws. Charter Amendment Measure No. 2 SECTION 806./DISPLAY OF FLAGS. Except as otherwise provided herein,the City shall only fly or display at or on any of the City's properties the following flags: the American flag,the POW/MIA flag,the State of California flag,the Huntington Beach City flag,the County of Orange flag, or any of the flags of the six branches 9f service: the Army,Navy, Air Force, Coast Guard, Marine Corps, and Space ForcelDuring the Summer Olympic Games,the Mayor is authorized to order the display of the official Olympic flags for four weeks prior to the dates of the games, and for up to two weeks thereafter. The City may display any other flag in addition to those already enumerated,but only if authorized by a unanimous vote of all members of the City Council. / 4 /�� 23-13267/320952 / RESOLUTION NO. 2023-43 Charter Amendment Measure No. 3 , Section 300. CITY COUNCIL,ATTORNEY, CLERK AND TREASURER. TE S. The elective officers of the City shall consist of a City Council of seven members, a City Clerk, a City Treasurer and a City Attorney, all to be elected from the City at large at thimes and in the manner provided in this Charter and who shall serve for terms of four years pa until their respective successors qualify. Subject to the provisions of this Charter,the embers of the City Council in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and until their successors are elected and quali red. Consistent with the staggered election process established in the new Charter in 1966 and reaffirmed in 2922,four members of the City Council shall be elected at the general manic pal election held in € 2022, and each fourth year thereafter. Three members of the Cit Council shall be elected at the general municipal election held in 1968-2024, and each fourth/year thereafter.No person shall be elected as a member of the City Council for more than two;consecutive terms and no person who has been a member for more than two years of a term to which some other person was elected a member shall be elected to the City Council more than..dne further consecutive term. Subject to The provisions of this Charter,the City Clerk, City Treasurer and City Attorney in office at the time this Charter takes effect shall continue in offiae/until the expiration of their respective terms and the qualification of their successors. Consistent with the staggered election process established in the new Charter in 1966 and reaffirmed in 2022, a City Clerk and City Treasurer shall be elected at the general municipal ele ion held in 1968 2024, and each fourth year thereafter. A City Attorney shall be electe in 4-966 2022, and each fourth year thereafter. The term of each member of the City r ouncil,the City Clerk,the City Treasurer and the City Attorney shall commence on the firs'Monday regular City Council meeting following the certification of the election. Ties '• voting among candidates for office shall be settled by the casting of lots random drawing • ocess conducted by the City Manager during the first regular City Council meeting followin, the certification. If no candidate meets the • alifications for office of the City Clerk, City Treasurer, or City Attorney,the City Comic' shall fill that position by appointment until the next municipal general election in which a qu. 'filed candidate is elected. Section 303. MEE GS AND LOCATION. (a) Regular eetings. The City Council shall hold regular meetings at least twice each month,unless lacks a quorum or is canceled by the Mayor or a majority of'City Council Members, at uch time as it shall fix by ordinance or resolution. In no event shall the City Council m'et less than once each month.and The City Council may adjourn or re adjourn any regular ►eeting to a date and hour certain which shall be specified in the order of adjournment, .,.. • .- - . .. - .. -: Each re-adjourned meeting shall be a regular meeting for all purposes. If ch be held at the hour for holding regular meetings. If at any time any regular meeting falls on a oliday such regular meeting shall be held on the next business day. 5 23-13267/320952 RESOLUTION NO. 2023-43 7 (b) Special Meetings. A special meeting may be called at any time by the Mayor, or by majority of the members of the City Council,by written notice or current technology to ea 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 personallylier by mail or by current technology at least twenty-four hours before the time of such meting 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 p son entitled to such written notice files a written waiver of notice with the City Clerk, it may a dispensed with. This notice requirement shall be considered fulfilled as to any person who ' 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 sec on with less than twenty-four hours written notice by the Mayor Pro Tem in the Mayor's abseace or by any member of the City Council in the absence of both the Mayor and Mayor Pro Tex provided that the nature of the emergency is set forth in the minutes of the meeting. (c) Place of Meetings. All regular meetings shall b held in the Council Chambers of the City or in such place within the City to which any su meeting may be adjourned. If,by reason of fire, flood or other emergency, it shall be unsafe o meet in the place designated,the meetings may be held for the duration of the emergency at uch place within the City as is designated by the Mayor, or, if he the Mayor should fail to ac , by a majority of the members of the City Council. (d) Open Meetings. All regular and ecial meetings of the City Council shall be open and public, and all persons shall be permitt to attend such meetings, except that the provisions of this section shall not apply to exeee closed sessions. Subject to the rules governing the conduct of City Council meetings, o person shall be denied the right to be heard by the City Council. (e) Dissemination of Inf c rmation. The City Council shall adopt rules to ensure thorough and timely dissemination o .information via current technology by resolution. Section 304. QUORU .'S,PROCEEDINGS AND RULES OF ORDER. (a) Quorum. A , ajority of the members of the City Council shall constitute a quorum to do business but a less: number may adjourn from time to time. In the absence of all the members of the City Count 1 from any regular meeting or adjourned regular meeting,the City Clerk may declare the s. - adjourned to a stated day and hour. The City Clerk shall cause written notice of a meeting adj urned by less than a quorum or by the City Clerk to be delivered personally,of by mail orb ent technolo ui to each Council member at least twenty-four hours before the time to which •e meeting is adjourned, or such notice may be dispensed with in the same manner as specifier, in this Charter for dispensing with notice of special meetings of the City Council. 6 23-13267/320952 RESOLUTION NO. 2023-43 fi / Section 311. CITY TREASURER.POWERS AND DUTIES. (d) Prepare and submit to the Director of Finance Chief Financial Officer m�Snthly written reports of all receipts, disbursements and fund balances, and shall file copies pf such reports with the City Manager and City Council. / / 7 Section 312. VACANCIES,FORFEITURES AND REPLACEM/NT. (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 tice 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 runicipal election. Should the appointment occur after the filing deadline for the nexitf 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 3412(c). Section 400. CITY MANAGER COMPOS /TION, TERM,ELIGIBILITY,REMOVAL. (d) Removal. The City Manager shall of be removed from office during or within a period of ninety days next succeeding any m ' ipal election at which a member of the City Council is elected. At any other time the City M ager may be removed only at a regular meeting of the City Council and upon the affirmati • vote of a majority of the members of the City Council. At least thirty days prior to the effecti e date of removal,the City Manager shall be furnished with a written notice stating the Counci's intentions and, if requested by the City Manager,the reasons therefor. Within seven days aft r receipt of such notice,the City Manager may by written notification to the City Clerk equest a public hearing before the City Council, in which event the Council shall fix a time for public hearing which shall be held at its regular meeting place before the expiration of tthirty-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 compens tion shall continue until removal as herein provided. In removing the City Manager,the City ouncil shall use its uncontrolled discretion and its action shall be final and shall not depend pon any particular showing or degree of proof at the hearing,the purpose of which is to all• the City Council and the City Manager to present to each other and to the public all pe ii ent facts prior to the final action of removal. Section 4 e 1.POWERS AND DUTIES. (b) 'repare the budget annually as required by this Charter, submit it to the City Council, and be r-.ponsible for its administration upon adoption. 7 23-13267/320952 /. RESOLUTION NO. 2023-43/ ,Y Section 601. BIENNIAL ANNUAL BUDGET,PREPARATION BY THE CITY / MANAGER. .E 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 .Finaneo Chief Financial Officer, estimates of the department's,board's or comriussion's revenue and expenditures for the ensuing two fiscal years, detailed in such manner a nay be prescribed by the City Manager. In preparing the proposed budget,the City Manager. all review the ad', estimates,hold conferences thereon with the respective department he 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 t9 the City Council at least thirty days prior to the beginning of each even numbered fiscal yfar 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 fifteln days prior to the beginning of each even numbered fiscal year and shall cause to be publiscied a notice thereof not less than ten days prior to said hearing. Copies of the proposed budge 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 ANNEAL BUDGET.PUBLIC HEARING. / At the time so advertised or at any/fime 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 hall be given such opportunity. i Section 604.BIENNIAL ANNU BUDGET. FURTHER CONSIDERATION AND ADOPTION. �.° At the conclusion of e 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 At shall adopt the budget with revisions, if any,by the affirmative vote of at least a majority ofe 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 anager,Director of Finance Chief Financial Officer, City Treasurer and the person retained by e City Council to perform the post audit function, and a further copy shall be placed, and s 1 remain on file in the office of the City Clerk where it shall be available for public inspecti n. The budget so certified shall be reproduced and copies made available for the use of the pup is and of departments, offices and agencies of the City. Section 6 /BIENNIAL ANNUALBUDGET APPROPRIATIONS. From the effective date of the budget,the several amounts stated therein as proposed exp ditures shall be and become appropriated to the several departments, offices and agencies fo a respective objects and purposes therein named; provided, however,that the City Manager ay transfer funds from one object or purpose to another within the same department, office or 8 23-13267/320952 RESOLUTION NO. 2023-43 /I / .t' agency. All appropriations shall lapse at the end of the second fiscal year to the extent that tlley shall not have been expended or lawfully encumbered. At any public meeting after the adoption of the budget,the City Council may ftinend or supplement the budget by motion adopted by the affirmative vote of at least a majgrity of the • total members of the City Council. / Section 801. DEFINITIONS. Unless the provisions or the context otherwise requires, as used in this Charter: , r (a) "Shall" is mandatory, and "may" is permissive. a;f f re (b) "City" is the City of Huntington Beach and "department fV'board," "commission," "agency," "officer," or "employee" is a department,board, conainission, agency, officer or employee, as the case may be, of the City of Huntington Beach. r (c) "County" is the County of Orange. / r 1' (d) "State" is the State of California. /1 (e) The masculine includes the feminine and/ feminine includes the masculine. / f (f-e) The singular includes the plural and/the plural the singular. t'. (g) "Person" includes firm and coriration. , Section 804. CHARTER REVIEW. The City Council shall determine if there is a need to convene a citizen's Charter Revie rr Commission to conduct a review of the City Charter no less frequently than every ten years tom om the most recent formal Charter review conducted by a Charter Revision Commissionr, City Council, or City staff. / / f 9 23-13267/320952 • RESOLUTION NO. 2023-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING CITY MEASURES AND DIRECTING THE CITY ATTORNEY TO PREPARE IMPARTIAL ANALYSES WHEREAS, a Special Municipal Election is to be held in the City of Huntington Beach, California, on March 5, 2024, at which there will be submitted to the voters three ballot measures related to amendments to the City Charter; and The City Council wishes to authorize arguments in favor of and in opposition to these measures and authorize the preparation of impartial analyses of these measures, NOW, THEREFORE, the City Council of the City of Huntington Beach, California, does hereby resolve, declare, determine and order as follows: SECTION 1. That with respect to the measure entitled: "Shall proposed Charter Amendment No. 1, which provides that commencing in 2026, for all municipal elections,the City may: require Voter Identification for elections;provide YES more in-person voting locations; and monitor ballot drop- boxes,be approved?" NO a. That the City Council authorizes the following member(s) of its body: Tony Strickland (Councilmember In Favor/Against) Gracey Van Der Mark (Councilmember In Favor/Against) Dan Kalmick (Councilmember In Favor/Against) Natalie Moser (Councilmember In Favor/Against) Rhonda Bolton (Councilmember In Favor/Against) RESOLUTION NO. 2023-44 to file a written argument not exceeding 300 words regarding the City measure as specified above, accompanied by the printed name(s) and signature(s) of the author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California, The arguments may be changed or withdrawn until and including the date fixed by the City Clerk after which no arguments for or against the City measure may be submitted to the City Clerk. Said argument to be accompanied by the printed name(s) and signature(s) of the authors(s) submitting it, or if submitted on behalf of an organization,the name of the organization, and the printed name and signature of at least one of its principal officers. SECTION 2. That the City Council directs the City Clerk to transmit a copy of the Measure to the City Attorney. a. The City Attorney shall prepare an impartial analysis of the Measure not exceeding 500 words showing the effect of the Measure on the existing law and the operation of the Measure. If the measure affects the organization or salaries of the office of the City Attorney, the City Attorney shall have outside counsel prepare the impartial analysis. b. The analysis shall include a statement indicating whether the measure was placed on the ballot by a petition signed by the requisite number of voters or by the governing body of the city. c. In the event the entire text of the measure is not printed on the ballot, nor in the voter information portion of the voter information guide,there shall be printed immediately below the impartial analysis, in no less than 10-point type, the following: "The above statement is an impartial analysis of Charter Amendment Measure 1. If you desire a copy of the Measure, please call the election official's office at 714-536-5405 and a copy will be emailed at no cost to you." d. The impartial analysis shall be filed by the date set by the City Clerk for the filing 2 23-13267/320954 RESOLUTION NO. 2023-44 of primary arguments. SECTION 3. That with respect to the measure entitled: "Shall proposed Charter Amendment No. 2, which provides that the only flags to be displayed by the City on City property YES are the United States Flag,the State of California Flag,the County of Orange Flag,the City of Huntington Beach Flag, the POW-MIA Flag,the six Armed Forces Flags, the Olympic Flag during the Summer Olympic Games, and any other flag if authorized by a unanimous vote of the City Council,be NO approved?" a. That the City Council authorizes the following member(s) of its body: Pat Burns (Councilmember In Favor/ st) Dan Kalmick (Councilmember In Favor/Against) Natalie Moser (Councilmember In Favor/Against) Rhonda Bolton (Councilmember In Favor/Against) to file a written argument not exceeding 300 words regarding the City measure as specified above, accompanied by the printed name(s) and signature(s) of the author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California. The arguments may be changed or withdrawn until and including the date fixed by the City Clerk after which no arguments for or against the City measure may be submitted to the City Clerk. Said argument to be accompanied by the printed name(s) and signature(s) of the authors(s) submitting it, or if submitted on behalf of an organization,the name of the organization, and the printed name and signature of at least one of its principal officers. SECTION 4. That the City Council dirz3ts the City Clerk to transmit a copy of the Measure to the City Attorney. a. The City Attorney shall prepare an impartial analysis of the Measure not exceeding 3 23-13267/320954 RESOLUTION NO. 2023-44 50Q words showing the effect of the Measure on the existing law and the operation of the Measure. If the measure affects the organization or salaries of the office of the City Attorney, the City Attorney shall have outside counsel prepare the impartial analysis. b. The analysis shall include a statement indicating whether the measure was placed on the ballot by a petition signed by the requisite number of voters or by the governing body of the city. c. In the event the entire text of the measure is not printed on the ballot, nor in the voter information portion of the voter information guide,there shall be printed immediately below the impartial analysis, in no less than 10-point type, the following: "The above statement is an impartial analysis of Charter Amendment Measure 2. If you desire a copy of the Measure, please call the election official's office at 714-536-5405 and a copy will be emailed at no cost to you." d. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. SECTION 5. That with respect to the measure entitled: "Shall proposed Charter Amendment No. 3 to: commencing in 2026,. require the City to adopt a two- YES year budget; update the procedures to cancel a regular City Council meeting; update the process to fill a City Council vacancy; and amend outdated phrases, syntax, dates,pronouns, and titles be approved?" NO 4 23-13267/320954 RESOLUTION NO. 2023-44 a. That the City Council authorizes the following member(s) of its body: Tony Strickland (Councilmember In Favor/Against) Dan Kalmick (Councilmember In Favor/Against) Natalie Moser (Councilmember In Favor/Against) Rhonda Bolton (Councilmember In Favor/Against) to file a written argument not exceeding 300 words regarding the City measure as specified above, accompanied by the printed name(s) and signature(s) of the author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California. The arguments may be changed or withdrawn until and including the date fixed by the City Clerk after which no arguments for or against the City measure may be submitted to the City Clerk. Said argument to be accompanied by the printed name(s) and signature(s) of the authors(s) submitting it,or if submitted on behalf of an organization,the name of the organization, and the printed name and signature of at least one of its principal officers. SECTION 6. That the City Council directs the City Clerk to transmit a copy of the Measure to the City Attorney. a. The City Attorney shall prepare an impartial analysis of the Measure not exceeding 500 words showing the effect of the Measure on the existing law and the operation of the Measure. If the measure affects the organization or salaries of the office of the City Attorney, the City Attorney shall have outside counsel prepare the impartial analysis. b. The analysis shall include a statement indicating whether the measure was placed on the ballot by a petition signed by the requisite number of voters or by the governing body of the city. c. In the event the entire text of the measure is not printed on the ballot, nor in the voter information portion of the voter information guide,there shall be printed immediately below 5 23-13267/320954 RESOLUTION NO. 2023-44 the impartial analysis, in no less than 10-point type, the following: "The above statement is an impartial analysis of Charter Amendment Measure 3. If you desire a copy of the Measure, please call the election official's office at 714-536-5405 and a copy will be emailed at no cost to you." d. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. SECTION 7. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 17th day of 0ctobe;2023. t 1'7 wtO&t.#0 Mayor REVIEWE APPROVED: APPROVED AS TO FORM: City age A---City Attorney INITIATED AND • 'PR• ED: 1%11) \\ City ':er \i 6 23-13267/320954 ARGUMENTS FORM OF STATEMENT TO BE FILED BY AUTHORS OF ARGUMENTS All arguments concerning measures filed pursuant to Division 9, Chapter 3 (beginning with§ 9200)of the Elections.Code shall be accompanied by the following form statement to be signed by each proponent, and by each author, if different, of the argument: The undersigned proponent (s) or author(s) of the (primary/rebuttal) argument (in favor of/against) ballot proposition (name or number) at the (title of election) election for the (jurisdiction) to be held on , 20 hereby state that the argument is true and correct to the best of (his/her/their) knowledge and belief. Print Name Signature Title (If applicable):Submitted on behalf of: Date (name of organization) Print Name • Signature Title (If applicable):Submitted on behalf of: Date (name of organization) Print Name Signature Title (If applicable):Submitted on behalf of: Date (name of organization) Print Name Signature Title (If applicable):Submitted on behalf of: Date (name of organization) Print Name Signature Title (If applicable):Submitted on behalf of: Date (name of organization) All Authors must print his/her name and sign this form (EC 9600) AND Print his/her name and sign the Argument itself (EC 9283) AND Print his/her name and sign the Rebuttal Argument itself (EC 9285) Further, pursuant to Election Code § 9282, printed arguments submitted to the voters shall be titled either"Argument In Favor Of Measure " or"Argument Against Measure ". Likewise,printed rebuttal arguments submitted pursuant to Election Code§9285 shall be titled either"Rebuttal To Argument In Favor Of Measure_"or"Rebuttal to Argument Against Measure § 9200, 9282, 9283, 9285, 9600 E.C. Statement of Authors of Arguments §9600,E.C.and(Steven Vargas v.Cheryl Balz and City of Brea;Revised 10/2009) F-A- 1 Res. No. 2023-44 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a Regular meeting thereof held on October 17, 2023 by the following vote: AYES: Van Der Mark, Strickland, McKeon, Burns NOES: Kalmick, Moser, Bolton ABSENT: None RECUSE: None €ai a City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California RESOLUTION NO. 2023-44 i A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON f'` BEACH, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN' ARGUMENTS REGARDING CITY MEASURES AND DIRECTING THE 9''tY ATTORNEY TO PREPARE IMPARTIAL ANALYSES // / WHEREAS, a Special Municipal Election is to be held in the City f/Huntington Beach, California, on March 5, 2024, at which there will be submitted to the v ers three ballot measures related to amendments to the City Charter; and The City Council wishes to authorize arguments in facvor of and in opposition to these / measures and authorize the preparation of impartial analy s of these measures, NOW, THEREFORE,the City Council of th� ity of Huntington Beach, California, does hereby resolve, declare, determine and order as fr lows: SECTION 1. That with respect to - measure entitled: "Shall proposed Charter endment No. 1, which provides that commencing in 202 , for all municipal elections,the City may: require Voter ID for elections;provide more in- YES person voting locati ns; and monitor ballot drop-boxes, be approved?" / NO a. That the City Council authorizes the following member(s) of its body: (Councilmember In Favor/Against) (Councilmember In Favor/Against) / (Councilmember In Favor/Against) (Councilmember In Favor/Against) (Councilmember In Favor/Against) RESOLUTION NO. 2Q23-44 of primary arguments. �`' f : SECTION 3. That with respect to the measure entitled: ,, r. / / "Shall proposed Charter Amendment No. 2,which provides /YES that the only flags to be displayed by the City on City property are the United States Flag,the State of California Flag,the County of Orange Flag,the City of Huntington Beach Flag, the POW-MIA Flag,the six Armed Forces Flags, the Olympic Flag during the Summer Olympic Games, and any other flag if authorized by a unanimous vote of the City Council, bi NO approved?" / / a. That the City Council authorizes the following member(s) of its body: i1 (Councilmember In Favor/Against) / (Councilmember In Favor/Against) ��. (Councilmember In Favor/Against) (Councilmember In Favor/Against) /r (Councilmember In Favor/Against) to file a written argument not exceedin 300 words regarding the City measure as specified above, accompanied by the printed name and signature(s) of the author(s) submitting it, in accordance e ' with Article 4, Chapter 3, D.,ision 9 of the Elections Code of the State of California. The arguments may be changed •r withdrawn until and including the date fixed by the City Clerk after which no arguments f., or against the City measure may be submitted to the City Clerk. Said argument to be acc: panied by the printed name(s) and signature(s) of the authors(s) submitting it, or if submitte' on behalf of an organization,the name of the organization, and the printed name and signatur, of at least one of its principal officers. S'CTION 4. That the City Council directs the City Clerk to transmit a copy of the Mea , e to the City Attorney. a. The City Attorney shall prepare an impartial analysis of the Measure not exceeding 3 23-13267/320954 RESOLUTION NO. 2023-44 / a. That the City Council authorizes the following member(s) of its bod?:^ (Councilmember/I.i Favor/Against) (Councilmemb In Favor/Against) • (Councilme er In Favor/Against) (Counci tuber In Favor/Against) (Counci ember In Favor/Against) to file a written argument not exceeding 300 words regarding e City measure as specified above, accompanied by the.printed name(s) and signature(s) of ,e author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elect'ons Code of the State of California. The arguments may be changed or withdrawn until • a including the date fixed by the City Clerk after which no arguments for or against the City easure may be submitted to the City Clerk. Said argument to be accompanied by the prin d name(s) and signature(s) of the authors(s) submitting it, or if submitted on behalf of an org•ai'zation,the name of the organization, and the printed name and signature of at least one of it erincipal officers. SECTION 6. That City Council directs the City Clerk to transmit a copy of the Measure to the City Atto ►ey. . a. The Ci Attorney shall prepare an impartial analysis of the Measure not exceeding 500 words showin: e effect of the Measure on the existing law and the operation of the Measure. If the measure .ffects the organization or salaries of the office of the City Attorney, the City Attorney sh.. have outside counsel prepare the impartial analysis. b. The analysis shall include a statement indicating whether the measure was placed on the •allot by a petition signed by the requisite number of voters or by the governing body of the city. c. In the event the entire text of the measure is not printed on the ballot, nor in the • voter information portion of the voter information guide,there shall be printed immediately below 5 23-13267/320954 RESOLUTION NO. 2023-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS WHEREAS, § 9282 of the Elections Code of the State of California provides for written arguments to be filed in favor of or against City measures not to exceed 300 words in length; and WHEREAS, § 9285 of the Elections Code of the State of California authorizes the City Council, by majority vote, to adopt provisions to provide for the filing of rebuttal arguments for city measures submitted at municipal elections; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to Section 9285 of the Elections Code of the State of California, when the elections official has selected the arguments for and against each measure (not exceeding 300 words each) which will be printed and distributed to the voters, the elections official shall send a copy of an argument in favor of the proposition to the authors of any argument against the measure and a copy of an argument against the measure to the authors of any argument in favor of the measure immediately upon receiving the arguments. The author or a majority of the authors of an argument relating to a city measure may prepare and submit a rebuttal argument not exceeding 250 words or may authorize in writing any other person or persons to prepare,submit,or sign the rebuttal argument.A rebuttal argument shall not be signed by more than five authors. The rebuttal arguments shall be filed with the City Clerk, signed,with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the 23-13267/320951 RESOLUTION NO. 2023-45 name of the organization,and the printed name and signature of at least one of its principal officers, not more than 10 days after the final date for filing direct arguments. The rebuttal arguments shall be accompanied by the Form of Statement To Be Filed By Author(s) of Argument. Rebuttal arguments shall be printed in the same manner as.the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut. SECTION 2. That all previous resolutions providing for the filing of rebuttal arguments for city measures are repealed. SECTION 3. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 17th day of 0ctober2023. 1 t#1 .„)0 ..:-.) Mayor REV D AND OVED: APPROVED AS TO FORM: .,?...A_k/v‘. •-• City ,..- City Attorney 14 .• TED .., D ' 'PRO . D: \*k City Manz er 2 23-13267/320951 ARGUMENTS AUTHORIZATION FOR ANOTHER PERSON TO SIGN REBUTTAL ARGUMENT The following majority of authors of the Argument o In Favor of o Against Measure authorize the following person(s)to prepare, submit or sign the Rebuttal to the Argument o In Favor of o Against Measure for the City of , Election to be held on , 20 Signatures of a majority of the authors of the Argument o In Favor of o Against Measure are required: Name (Print) Signature Date Name (Print) Signature Date Name(Print) Signature Date The following authors are authorized to prepare, submit or sign the Rebuttal to the Argument o In Favor of o Against Measure Print Name Signature Title Date Print Name Signature Title Date Print Name Signature Title Date Print Name Signature Title Date Print Name Signature Title Date Attach this form to the Form of Statement of Authors Form submitted with the Argument o In Favor of o Against Measure 9285, E.C. Authorization for Others to Sign Rebuttal Argument (Added 10/2Q08,Amended 10/2016) - F-A-2 Res. No. 2023-45 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a Regular meeting thereof held on October 17, 2023 by•the following vote: AYES: Van Der Mark, Strickland, McKeon, Burns NOES: Kalmick, Moser, Bolton ABSENT: . None RECUSE: None 44.411. 9,6-ktsizZaft-td City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Attachment 1 -Reso.2023-042 RESOLUTION NO. 2023-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, CALLING FOR THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 5, 2024, FOR THE SUBMISSION TO THE VQTERS QUESTIONS RELATING TO CITY CHARTER AMENDMENTS. WHEREAS,pursuant to authority provided by the California Constitution, Article XI and the Government Code, Title 4, Division 2, Chapter 2 (commencing at § 34450) and the Election Code Division 9,Chapter 3,Article 3 (commencing at§9255)of the State of California,and under the provisions of the laws relating to Charter cities in the State of California, the City Council desires to hold a Special Municipal Election on March 5, 2024 to submit to the voters three questions relating to City Charter amendments; and WHEREAS,the City Council is authorized and directed by statute to submit the proposed charter amendment(s)to the voters, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of the laws of the State of California relating to Charter Cities, and pursuant to the California Constitution, Article XI and the Government Code,Title 4, Division 2,Chapter 2(commencing at§ 34450) and the Election Code Division 9, Chapter 3,Article 3 (commencing at § 9255) of the State of California,there is called and ordered to be held in the City of Huntington Beach, California, on Tuesday, March 5,2024, a Special Municipal Election for the purpose of submitting to the voters the following questions relating to City Charter amendments: 296 Attachment 1 -Reso.2023-042 RESOLUTION NO, 2023-42 "Shall proposed Charter Amendment No, 1,which provides that commencing in 2026, for all municipal Yes elections, the City may: require Voter ID for elections; provide more in-person voting locations; and monitor ballot drop-boxes,be approved?" No "Shall proposed Charter Amendment No. 2,which provides that the only flags to be displayed by the Yes City on City property are the United States Flag, the County of Orange Flag,the City of Huntington Beach Flag,the POW-MIA Flag,the six Armed Forces Flags,the Olympic Flag during the Summer No Olympic Games, and any other flag if authorized by a unanimous vote of the City Council,be approved?" "Shall proposed Charter Amendment No. 3 to: commencing in 2026,require the City to adopt a two-year budget; update the procedures to cancel a Yes regular City Council meeting; update the process to fill a City Council vacancy; and amend outdated phrases, syntax, dates,pronouns, and titles be approved?" No SECTION 2. That the complete text of the Charter Amendments submitted to the voters - is attached as Exhibit A. SECTION 3, That the vote requirement for the measures to pass is a majority (50%+1) of the votes cast. SECTION 4. That the ballots to be used at the election shall be in form and content as required by law. SECTION 5. That the City Clerk is authorized,instructed and directed to coordinate with the County of Orange Registrar-Recorder/County Clerk to procure and furnish any and all official ballots,notices,printed matter and all supplies,equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 6. That the polls (vote centers) for the election shall be open at seven o'clock 2 23-13267/320953 297 Attachment 1 -Reso.2023-042 RESOLUTION NO. 2023-42 a.m. of the day of the election and shall remain open continuously from that time until 8 o'clock p.m. of the same day when the polls (vote centers) shall be closed, pursuant to Election Code § 10242, except as provided in§§ 14212, 14401 of the Elections Code of the State of California. SECTION 7. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 8. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 9. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. SECTION 10. The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill. 3 23-13267/320953 298 Attachment 1 -Reso.2023-042 RESOLUTION NO. 2023-42 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of ,2023. Mayor REVIEWED AND APPROVED: APPROVED AS TO FORM: City Manager fr City Attorney INITIATED AND APPROVED: City Manager 4 23-13267/320953 299 Attachment 1 -Reso.2023-042 RESOLUTION NO. 2Q23-42 EXHIBIT A CHARTER AMENDMENT MEASURES PROPOSED ADDITIONS SHOWN AS UNDERLINED PROPOSED DELETIONS SHOWN AS STRIKETHROUGH Charter Amendment Measure No. 1 , Section 702. PROCEDURE FOR HOLDING ELECTIONS. All elections shall be held in accordance with the provisions of the Elections Code of the State of California, as the same now exists or hereafter may be amended, for the holding of municipal elections,so far as the same are not in conflict with this Charter. In the event of such conflict,the provisions of this charter shall control and prevail, in accordance with Section 103 of this Charter. Section 705. SPECIAL PROVISIONS RELATING TO MUNICIPAL ELECTIONS As in Section 300,the City Charter shall determine the term of the City's elective officers, the length of term,and the election cycle in which the election for those offices occur for the City's elective officers. (a)Beginning in 2026, for all municipal elections: (1) "Elector"means a person who is a United States citizen 18 years of age or older, and a resident of the City on or before the day of an election. (2) The City may verify the eligibility of Electors by voter identification. (3)The City may provide at least 20 Americans with Disabilities Act compliant voting locations for in-person voting dispersed evenly throughout the City, in addition to any City facility voting locations. (4)The City may monitor ballot drop boxes located within the City for compliance with all applicable laws. Charter Amendment Measure No. 2 SECTION 806, DISPLAY OF FLAGS. Except as otherwise provided herein,the City shall only fly or display at or on any of the City's properties the following flags: the American flag, the POW/MIA flag, the State of California flag, the Huntington Beach City flag, the County of Orange flag,or any of the flags of the six branches of service: the Army,Navy,Air Force, Coast Guard,Marine Corps,and Space Force. During the 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. 5 23-13267/320953 300 Attachment 1 -Reso.2023-042 RESOLUTION NO. 2023-42 Charter Amendment Measure No. 3 Section 300. CITY COUNCIL,ATTORNEY, CLERK AND TREASURER.TERMS. The elective officers of the City shall consist of a City Council of seven members, a City Clerk, a City Treasurer and a City Attorney, all to be elected from the City at large at the times and in the manner provided in this Charter and who shall serve for terms of four years and until their respective successors qualify. Subject to the provisions of this Charter,the members of the City Council in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and until their successors are elected and qualified. Consistent with the staggered election process established in the new Charter in 1966 and reaffirmed in 2022,four members of the City Council shall be elected at the general municipal election held in 4-966 2022, and each fourth year thereafter. 'Three members of the City Council shall be elected at the general municipal election held in 4s36&2024, and each fourth year thereafter.No person shall be elected as a member of the City Council for more than two consecutive terms and no person who has been a member for more than two years of a term to which some other person was elected a member shall be elected to the City Council more than one further consecutive term. Subject to the provisions of this Charter,the City Clerk, City Treasurer and City Attorney in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and the qualification of their successors. Consistent with the staggered election process established in the new Charter in 1966 and reaffirmed in 2022,a City Clerk and City Treasurer shall be elected at the general municipal election held in 196$2024, and each fourth year thereafter. A City Attorney shall be elected in 4-966 2022,and each fourth year thereafter. The term of each member of the City Council,the City Clerk,the City Treasurer and the City Attorney shall commence on the first Monday regular City Council meeting following the certification of the election. Ties in voting among candidates for office shall be settled by the casting of iota random drawing process conducted by the City Manager during the first regular City Council meeting following the certification. If no candidate meets the qualifications for office of the City Clerk, City Treasurer, or City Attorney,the City Council shall fill that position by appointment until the next municipal general election in which a qualified candidate is elected. Section 303. MEETINGS AND LOCATION. (a) Regular Meetings. The City Council shall hold regular meetings at least twice each month,unless it lacks a.quorum or is canceled by the Mayor or a majority of City Council Members,at such time as it shall fix by ordinance or resolution_In no event shall the City Council meet less than once each month.and The City Council may adjourn orer-re-adjeurn any regular meeting to a date and hour certain which shall be specified in the order of adjournment, and when so adjourned Each re-adjourned meeting shall be a regular meeting for all purposes. If tj h to .„hich b- eetin ., adjourned-is-not stated in the order ofa ch meeting shalle-his t tt ti .f holding regular meotin .-If at any time any regular meeting falls on a holiday such regular meeting shall be held on the next business day. 6 23-13267/320953 301 Attachment 1 -Reso.2023-042 RESOLUTION NO. 2023-42 (b) Special Meetings. A special meeting may be called at any time by the Mayor, or by a majority of the members of the City Council, by written notice or 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:er 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 Tern provided that the nature of the emergency is set forth in the minutes of the meeting. (c) Place of Meetings. All regular meetings shall be held in the Council Chambers of the City or in such place within the City to which any such meeting may be adjourned. If,by reason of fire,flood or other emergency, it shall be unsafe to meet in the place designated,the meetings may be held for the duration of the emergency at such place within the City as is designated by the Mayor, or, if he the Mayor should fail to act, by a majority of the members of the City Council. (d) Open Meetings. All regular and special meetings of the City Council shall be open and public,and all persons shall be permitted to attend such meetings, except that the provisions of this section shall not apply to executive closed sessions. Subject to the rules governing the conduct of City Council meetings, no person shall be denied the right to be heard by the City Council. (e) Dissemination of Information. The City Council shall adopt rules to ensure thorough and timely dissemination of information via current technology by resolution. Section 304. QUORUMS,PROCEEDINGS AND RULES OF ORDER. (a) Quorum. A majority of the members of the City Council shall constitute a quorum to do business but a lesser number may adjourn from time to time. In the absence of all the members of the City Council from any regular meeting or adjourned regular meeting, the City Clerk may declare the same adjourned to a stated day and hour. The City Clerk shall cause written notice of a meeting adjourned by less than a quorum or by the City Clerk to be delivered personally,er 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. 7 23-13267/320953 302 Attachment 1 -Reso.2023-042 RESOLUTION NO. 2023-42 Section 311. CITY TREASURER. POWERS AND DUTIES. (d) Prepare and submit to the Director of Finance Chief Financial Officer monthly written reports of all receipts,disbursements and fund balances, and shall file copies of such reports with the City Manager and City Council. Section 312. VACANCIES,FORFEITURES AND REPLACEMENT. (c) Replacement. In the event it the City Council shall fail to fill a vacancy by appointment within sixty days after such office shall become vacant, the City Council shall forthwith cause an election to be held to fill such vacancy for the remainder of the unexpired term. If the City Council.fills the vacancy by appointment, such appointee shall hold office until an election to fill the remainder of the unexpired term at the next general municipal election. Should the appointment occur after the fling deadline for the next general municipal election, the seat shall be deemed vacant upon the certification of the general municipal election, and the vacancy shall be filled in accordance with Sections 312(a) and 312(c). Section 400. CITY MANAGER. COMPOSITION,TERM,ELIGIBILITY,REMOVAL, (d) Removal. The City Manager shall not be removed from office during or within a period of ninety days next succeeding any municipal election at which a member of the City Council is elected. At any other time the City Manager may be removed only at a regular meeting of the City Council and upon the affirmative vote of a majority of the members of the City Council. At least thirty days prior to the effective date of removal,the City Manager shall be furnished with a written notice stating the Council's intentions and, if requested by the City Manager,the reasons therefor. Within seven days after receipt of such notice, the City Manager may by written notification to the City Clerk request a public hearing before the City Council, in which event the Council shall fix a time for a public hearing which shall be held at its regular meeting place before the expiration of the thirty-day period above referred to. The City Manager shall appear and be heard at such hearing. After furnishing the City Manager with written notice of the intended removal,the City Council may suspend the City Manager from duty, but his the City Manager's compensation shall continue until removal as herein provided. In removing the City Manager,the City Council shall use its uncontrolled discretion and its action shall be final and shall not depend upon any particular showing or degree of proof at the hearing,the purpose of which is to allow the City Council and the City Manager to present to each other and to the public all pertinent facts prior to the final action of removal. Section 401. POWERS AND DUTIES. (b) Prepare the budget anly as required by this Charter, submit it to the City Council, and be responsible for its administration upon adoption. 8 23-13267/320953 303 Attachment 1 -Reso.2023-042 RESOLUTION NO. 2023-42 Section 6Q1. 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 Difeetep-ef Finance Chief Financial Officer, estimates of the department's, board's or commission's revenue and expenditures for the ensuing two fiscal years, detailed in such manner as may be prescribed by the City Manager. In preparing the proposed budget,the City Manager shall review the estimates,hold conferences thereon with the respective department heads,boards or commissions as necessary, and may revise the estimates as may be deemed advisable, Section 602. BIENNIAL ANNUAL BUDGET.SUBMISSION TO THE CITY COUNCIL. The City Manager shall submit the proposed budget to the City Council at least thirty days prior to the beginning of each even numbered fiscal year beginning in 2026. After • reviewing the proposed budget and making such revisions as it may deem advisable,the City Council shall hold a public hearing thereon at least fifteen days prior to the beginning of each even numbered fiscal year and shall cause to be published a notice thereof not less than ten days prior to said hearing. Copies of the proposed budget shall be available for inspection by the public in the office of the City Clerk at least ten days prior to said hearing. Section 603. BIENNIAL ANNUAL BUDGET.PUBLIC HEARING. At the time so advertised or at any time to which such public hearing shall from time to time be adjourned,the City Council shall hold a public hearing on the proposed budget, at which interested persons desiring to be heard shall be given such opportunity. Section 604. BIENNIAL ANNUAL BUDGET.FURTHER CONSIDERATION AND ADOPTION. At the conclusion of the public hearing the City Council shall further consider the proposed budget and make any revisions thereof that it may deem advisable and on or before the last day of the fiscal year it shall adopt the budget with revisions, if any, by the affirmative vote 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-el-Finance Chief Financial Officer, City Treasurer and the person retained by the City Council to perform the post audit function,and a further copy shall be placed, and shall remain on file in the office of the City Clerk where it shall be available for public inspection. The budget so certified shall be reproduced and copies made available for the use of the public and of departments, offices and agencies of the City. Section 605.BIENNIAL ANNUAL BUDGET APPROPRIATIONS. From the effective date of the budget, the several amounts stated therein as proposed expenditures shall be and become appropriated to the several departments, offices and agencies 9 23-13267/320953 304 Attachment 1 -Reso.2023-042 RESOLUTION NO. 2023,42 for the respective objects and purposes therein named;provided, however, that the City Manager may transfer funds from one object or purpose to another within the same department, office or. agency. All appropriations shall lapse at the end of the second fiscal year to the extent that they 'shall not have been expended or lawfully encumbered. At any public meeting after the adoption of the budget,the City Council may amend or supplement the budget by motion adopted by the affirmative vote of at least a majority of the total members of the City Council. Section 801.DEFINITIONS. Unless the provisions or the context otherwise requires, as used in this Charter: (a) "Shall" is mandatory, and "may" is permissive. (b) "City" is the City of Huntington Beach and "department," "board," "commission," "agency," "officer," or "employee" is a department, board, commission, agency, officer or employee, as the case may be, of the City of Huntington Beach. . (c) "County" is the County of Orange. (d) "State" is the State of California. (e). The masculine includes the-feminine-and-the feminine includes-the masculine: (f-) 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 Commissions City Council, or City staff. • I0 23-13267/320953 305 Attachment 2-Reso.2023-043 RESOLUTION NO. 2023-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD ON MARCH 5, 2Q24, WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD ON THE DATE PURSUANT TO § 10403 OF THE ELECTIONS CODE. WHEREAS, the City Council of the City of Huntington Beach called a Special Municipal Election to be held on March 5, 2024, for the purpose of submitting to the voters questions relating to amending the City Charter; and WHEREAS,it is desirable that the Special Municipal Election be consolidated with the Statewide Primary Election to be held on the same date and that within the City, polling places (vote centers) and election officers of the two elections be the same, and that the county election department of the County of Orange canvass the returns of the Special Municipal Election and that the election be held in all respects as if there were only one election; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DOES RESOLVE,DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of § 10403 of the Elections Code, the Board of Supervisors of the County of Orange is hereby requested to consent and agree to the consolidation of a Special Municipal Election for the purpose of submitting to the voters three questions relating to amending the City Charter,with the Statewide Primary Election on Tuesday, March 5, 2024, and SECTION 2. That the measures are to appear on the ballot as follows: 306 Attachment 2-Reso.2023-043 RESOLUTION NO, 2023-43 "Shall proposed Charter Amendment No. 1,which provides that commencing in 2026, for all municipal elections, the City may: Yes require Voter ID for elections;provide more in-person voting locations; and monitor ballot drop-boxes, be approved?" No "Shall proposed Charter Amendment No. 2,which provides that Yes the only flags to be displayed by the City on City property are the United States Flag, the County of Orange Flag, the City of Iluntington Beach Flag,the POW-MIA Flag,the six Armed Forces Flags,the Olympic Flag during the Summer Olympic Games, and any other flag if authorized by a unanimous vote of the City Council,be approved?" No "Shall proposed Charter Amendment No. 3 to: commencing in 2026,require the City to adopt a two-year budget; update the Yes procedures to cancel a regular City Council meeting; update the process to fill a City Council vacancy; and amend outdated phrases, syntax, dates,pronouns, and titles be approved?" No SECTION 3. That the proposed complete text of the measures submitted to the voters are attached to this resolution as Exhibit A, SECTION 4. That the vote requirement for the measures to pass is a majority (50%+1) of the votes cast. SECTION 5. That the county election department is authorized to canvass the returns of the Special Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. The election will be held and conducted in accordance with the provisions of law regulating the statewide or special election. SECTION 6. That the Board of Supervisors is requested to issue instructions to the county election department to take any and all steps necessary for the holding of the consolidated election. 2 23-13267/320952 307 Attachment 2-Reso.2023-043 RESOLUTION NO. 2023-43 SECTION 7. That the City of Huntington Beach recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs. SECTION $. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the county election department of the County of Orange. SECTION 9. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 2023. Mayor REVIEWED AND APPROVED: APPROVED AS TO FORM: City Manager /y City Attorney INITIATED AND APPROVED: City Manager 3 23-13267/320952 308 Attachment 2-Reso.2023-043 RESOLUTION NO. 2023-43 EXHIBIT A CHARTER AMENDMENT MEASURES PROPOSED ADDITIONS SHOWN AS UNDERLINED PROPOSED DELETIONS SHOWN AS STRIKETHROUGH Charter Amendment Measure No. 1 Section 702. PROCEDURE FOR HOLDING ELECTIONS. All elections shall be held in accordance with the provisions of the Elections Code of the State of California,as the same now exists or hereafter may be amended, for the holding of municipal elections, so far as the same are not in conflict with this Charter. In the event of such conflict,the provisions of this Charter shall control and_prevail, in accordance with Section 103 of this Charter. Section 705. SPECIAL PROVISIONS RELATING TO MUNICIPAL ELECTIONS As in Section 300,the City Charter shall determine the term of the City's elective officers, the length of term, and the election cycle in which the election,for those offices occur for the City's elective officers. (a)Beginning in 2026, for all municipal elections: (1,) "Elector"means a person who is a United States citizen 18 years of age or older, and a resident of the City on or before the day of an election. (2)The City may verify the eligibility of Electors by voter identification. (3).The City may provide at least 20 Americans with Disabilities Act compliant voting locations for in-person voting dispersed evenly throughout the City,in addition to any City facility voting locations. (4) The City may monitor ballot drop boxes located within the City for compliance with all applicable laws. Charter Amendment Measure No. 2 SECTION 806. DISPLAY OF FLAGS. Except as otherwise provided herein,the City shall only fly or display at or on any of the City's properties the following flags: the.American flag,the POW/MIA flag, the State of California flag, the Huntington Beach City flag,the County of Orange flag, or any of the flags of the six branches of service: the Army,Navy,Air Force, Coast Guard, Marine Corps, and Space Force. During the Summer Olympic Games,the Mayor is authorized to order the display of the official Olympic flags for four weeks prior to the dates of the games, and for up to two weeks thereafter. The City may display any other flag in addition to those already,enumerated,but only if authorized by a unanimous vote of all members of the City Council. 4 23-13267/320952 . 309 Attachment 2-Reso.2023-043 RESOLUTION NO. 2Q23-43 Charter Amendment Measure No. 3 Section 300. CITY COUNCIL,ATTORNEY, CLERK AND TREASURER.TERMS. The elective officers of the City shall consist of a City Council of seven members, a City Clerk, a City Treasurer and a City Attorney, all to be elected from the City at large at the times and in the manner provided in this Charter and who shall serve for terms of four years and until their respective successors qualify. Subject to the provisions of this Charter,the members of the City Council in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and until their successors are elected and qualified. Consistent with the staggered election process established in the new Charter in 1966 and reaffirmed in 2922, four members of the City Council shall be elected at the general municipal election held'in 4-6 2022, and each fourth year thereafter. Three members of the City Council shall be elected at the general municipal election held in-1968 2024, and each fourth year thereafter.No person shall be elected as a member of the City Council for more than two consecutive terms and no person who has been a member for more than two years of a term to which some other person was elected a member shall be elected to the City Council more than one further consecutive term. Subject to the provisions of this Charter,the City Clerk, City Treasurer and City Attorney in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and the qualification of their successors. Consistent with the staggered election process established in the new Charter in 1966 and reaffirmed in 2022, a City Clerk and City Treasurer shall be elected at the general municipal election held in 1968 2024, and each fourth year thereafter. A City Attorney shall be elected in 4-966 2022, and each fourth year thereafter. The term of each member of the City Council, the City Clerk,the City Treasurer and the City Attorney shall commence on the first Monday regular City Council meeting following the certification of the election. Ties in voting among candidates for office shall be settled by the • casting of lots random drawing process conducted by the City Manager during the first.regular City Council meeting following the certification. If no candidate meets the qualifications for office of the City Clerk, City Treasurer, or City Attorney,the City Council shall fill that position by appointment until the next municipal general election in which a qualified candidate is elected. Section 303. MEETINGS AND LOCATION. (a) Regular Meetings. The City Council shall hold regular meetings at least twice each month,unless it lacks a quorum or is canceled by the Mayor or a majority of City Council Members,at such time as it shall fix by ordinance or resolution,In no event shall the City Council meet less than once each m onth.and The City Council may adjourn er-re-adjsun any regular meeting to a date and hour certain which shall be specified in the order of adjournment, and:when so adjourned Each re-adjourned meeting shall be a regular meeting for all purposes. I the hour to whi, , a.meeting is adjourned is not stated in the order.of.adienennent tch Ineeting shall-bc held at the-hear for holding regular incetings.-If at any time any regular meeting falls on a holiday such regular meeting shall be held on the next business day. 5 • 23-13267/320952 310 Attachment 2-Reso.2023-043 RESOLUTION NO, 2023-43 (b) Special Meetings.A special meeting may be called at any time by the Mayor, or by a majority of the members of the City Council, by written notice or current technology to each member of the City Council and to each local newspaper of general circulation, radio or television station requesting notice in writing. Such notice must be delivered personallyor by mail or by burrent.teehnology at least twenty-four hours before the time of such meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at such meeting. If any person entitled to such written notice files a written waiver of notice with the City Clerk, it may be dispensed with, This notice requirement shall be considered fulfilled as to any person who is actually present at the meeting at the time it convenes. In the event of an emergency affecting the public peace,health or safety, a special meeting may be called as provided in this section with less than twenty-four hours written notice by the Mayor Pro Tern in the Mayor's absence or by any member of the City Council in the absence of both the Mayor and Mayor Pro Tern provided that the nature of the emergency is set forth in the minutes of the meeting. (c) Place of Meetings. All regular meetings shall be held in the Council Chambers of the City or in such place within the City to which any such meeting may be adjourned, If, by reason of fire, flood or other emergency, it shall be unsafe to meet in the place designated,the meetings may be held for the duration of the emergency at such place within the City as is designated by the Mayor,or, if he the.Mayor should fail to act, by a majority of the members of the City Council. (d) Open Meetings. All regular and special meetings of the City Council shall be open and public, and all persons shall be permitted to attend such meetings,except that the provisions of this section shall not apply to executive closed sessions. Subject to the rules governing the conduct of City Council meetings,no person shall be denied the right to be heard by the City Council. (e) Dissemination of Information. The City Council shall adopt rules to ensure thorough and timely dissemination of information via current technology by resolution. Section 304. QUORUMS,PROCEEDINGS AND RULES OF ORDER. (a) Quorum. A majority of the members of the City Council shall constitute a quorum to do business but a lesser number may adjourn from time to time. In the absence of all the members of the City Council from any regular meeting or adjourned regular meeting, the City Clerk may declare the same adjourned to a stated day and hour. The City Clerk shall cause written notice of a meeting adjourned by less than a quorum or by the City Clerk to be delivered personally,er by mail or by current technology to each Council member at least twenty-four hours before the time to which the meeting is adjourned,or such notice may be dispensed with in the same manner as specified in this Charter for dispensing with notice of special meetings of the City Council, 6 23-13267/320952 311 Attachment 2-Reso.2023-043 RESOLUTION NO. 2Q23-43 Section 311. CITY TREASURER. POWERS AND DUTIES. (d) Prepare and submit to the Director of Finance Chief Financial Officer monthly written reports of all receipts, disbursements and fund balances, and shall file copies of such reports with the City Manager and City Council. Section 312. VACANCIES,FORFEITURES AND REPLACEMENT. (c) Replacement. In the event it the City Council shall fail to fill a vacancy by appointment within sixty days after such office shall become vacant,the City Council shall forthwith cause an election to be held to fill such vacancy for the remainder of the unexpired term. If the City Council fills the vacancy by appointment, such appointee shall hold office until an election to fill the remainder of the unexpired term at the next general municipal election. Should the appointment occur after the filing deadline for the next general municipal election,the seat shall be deemed vacant upon the certification of the general municipal election, and the vacancy shall be filled in accordance with Sections 312(a)and 312(c). Section 400. CITY MANAGER. COMPOSITION,TERM,ELIGIBILITY,REMOVAL. (d) Removal. The City Manager shall not be removed from office during or within a period of ninety days next succeeding any municipal election at which a member of the City Council is elected. At any other time the City Manager may be removed only 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 401. POWERS AND DUTIES. (b) Prepare the budget annually as required by this Charter, submit it to the City Council, and be responsible for its administration upon adoption. 7 23-13267/320952 312 Attachment 2-Reso.2023-043 RESOLUTION NO, 2023-43 Section 601. BIENNIAL ANNUAL BUDGET,PREPARATION BY THE CITY MANAGER. At such date as the City Manager shall'determine, each board or commission and each department head shall furnish to the City Manager,personally, or through the Director of Finance Chief Financial Officer, estimates of the department's, board's or commission's revenue and expenditures for the ensuing two fiscal years, detailed in such manner as may be prescribed by the City Manager, In preparing the proposed budget, the city Manager shall review the estimates, hold conferences thereon with the respective department heads,boards or commissions as necessary, and may revise the estimates as may be deemed advisable. Section 602. BIENNIAL ANNUAL BUDGET. SUBMISSION TO THE CITY COUNCIL. The City Manager shall submit the proposed budget to the City Council at Ieast 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 6Q4. 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 Qf Finance Chief Financial Officer, City Treasurer and the person retained by the City Council to perform the post audit function, and a further copy shall be placed, and shall remain on file in the office of the City Clerk where it shall be available for public inspection. The budget so certified shall be reproduced and copies made available for the use of the public and of departments, offices and agencies of the City. Section 605.BIENNIAL ANNUAL BUDGET APPROPRIATIONS. From the effective date of the budget,the several amounts stated therein as proposed expenditures shall be and become appropriated to the several departments,offices and agencies for the respective objects and purposes therein named; provided, however, that the City Manager may transfer funds from one object or purpose to another within the same department, office or 8 23-13267/320952 313 Attachment 2-Reso.2023-043 RESOLUTION NO. 2023-43 agency. All appropriations shall lapse at the end of the second fiscal year to the extent that they shall not have been expended or lawfully encumbered. At any public meeting after the adoption of the budget, the City Council may amend or supplement the budget by motion adopted by the affirmative vote of at least a majority of the total members of the City Council, Section 801. DEFINITIONS. Unless the provisions or the context otherwise requires, as used in this Charter: (a) "Shall" is mandatory, and "may" is permissive. (b) "City" is the City of Huntington Beach and "department," "board," "commission," "agency," "officer," or "employee" is a department, board,commission,agency, officer or employee, as the ease 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+>,e f minine includes the masculine. (f) The singular includes the plural and the plural the singular. ( fa "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. • 23-13267/320952 314 Attachment 3-Reso.2023-044 RESOLUTION NO. 2023-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN .ARGUMENTS REGARDING CITY MEASURES AND DIRECTING THE CITY ATTORNEY TO PREPARE IMPARTIAL ANALYSES WHEREAS, a Special Municipal Election is to be held in the City of Huntington Beach, California, on March 5, 2024, at which there will be subthitted to the voters three ballot measures related to amendments to the City Charter; and The City Council wishes to authorize arguments in favor of and in opposition to these measures and authorize the preparation of impartial analyses of these measures, NOW, THEREFORE, the City Council of the City of Huntington Beach, California, does hereby resolve, declare, determine and order as follows: SECTION 1. That with respect to the measure entitled: "Shall proposed Charter Amendment No. 1,which provides that commencing in 2026,for all municipal elections, the City may: require Voter ID for elections;provide more in- YES person voting locations; and monitor ballot drop-boxes, be approved?" NO a. That the City Council authorizes the following member(s) of its body: (Councilmember In Favor/Against) (Councilmember In Favor/Against) (Councilmember In Favor/Against) (Councilmember In Favor/Against) (Councilmember In Favor/Against) 315 Attachment 3-Reso.2023-044 RESOLUTION NO. 2023-44 to file a written argument not exceeding 300 words regarding the City measure as specified above, accompanied by the printed name(s)and signature(s) of the author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California. The arguments may be changed or withdrawn until and including the date fixed by the City Clerk after which no arguments for or against the City measure may be submitted to the City Clerk. Said argument to be accompanied by the printed name(s) and signature(s) of the authors(s) submitting it, or if submitted on behalf of an organization, the name of the organization,and the printed name and signature of at least one of its principal officers. SECTION 2. That the City Council directs the City Cleric to transmit a copy of the Measure to the City Attorney. a. The City Attorney shall prepare an impartial analysis of the Measure not exceeding 500 words showing the effect of the Measure on the existing law and the operation of the Measure. If the measure affects the organization or salaries of the office of the City Attorney, the City Attorney shall have outside counsel prepare the impartial analysis. b. The analysis shall include a statement indicating whether the measure was placed on the ballot by a petition signed by the requisite number of voters or by the governing body of the city. c. In the event the entire text of the measure is not printed on the ballot, nor in the voter information portion of the voter information guide,there shall be printed immediately below the impartial analysis, in no less than 10-point type, the following: "The above statement is an impartial analysis of Charter Amendment Measure 1. If you desire a copy of the Measure, please call the election official's office at 714-536-5405 and a copy will be emailed at no cost to you." d. The impartial analysis shall be filed by the date set by the City Cleric for the filing 2 23-13267/320954 316 Attachment 3-Reso.2023-044 RESOLUTION NO. 2023-44 of primary arguments. SECTION 3. That with respect to the measure entitled: "Shall proposed Charter Amendment No. 2,which provides v s that the only flags to be displayed by the City on City property are the United States Flag, the County of Orange Flag,the City of Huntington Beach Flag,the POW-MIA Flag,the six Armed Forces Flags,the Olympic Flag during the Summer Olympic Games, and any other flag if authorized by a unanimous vote of the City Council,be approved?" NO a. That the City Council authorizes the following member(s) of its body: (Councilmember In Favor/Against) (Councilmember In Favor/Against) (Councilmember In Favor/Against) (Councilmember In Favor/Against) (Councilmember In Favor/Against) to file a written argument not exceeding 300 words regarding the City measure as specified above, accompanied by the printed name(s)and signature(s) of the author(s) submitting it,in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California. The arguments may be changed or withdrawn until and including the date fixed by the City Clerk after which no arguments for or against the City measure may be submitted to the City Clerk. Said argument to be accompanied by the printed name(s) and signature(s) of the authors(s) submitting it,or if submitted on behalf of an organization,the name of the organization,and the printed name and signature of at least one of its principal officers. SECTION 4. That the City Council directs the City Clerk to transmit a copy of the Measure to the City Attorney. a. The City Attorney shall prepare an impartial analysis of the Measure not exceeding 3 23-13267/320954 317 Attachment 3-Reso.2023-044 RESOLUTION NO. 2023-44 500 words showing the effect of the Measure on the existing law and the operation of the Measure. If the measure affects the organization or salaries of the office of the City Attorney, the City Attorney shall have outside counsel prepare the impartial analysis. b. The analysis shall include a statement indicating whether the measure was placed on the ballot by a petition signed by the requisite number of voters or by the governing body of the city. c. In the event the entire text of the measure is not printed on the ballot, nor in the voter information portion of the voter information guide,there shall be printed immediately below the impartial analysis, in no less than 10-point type, the following: "The above statement is an impartial analysis of Charter Amendment Measure 2. If you desire a copy of the Measure, please call the election official's office at 714-536-5405 and a copy will be emailed at no cost to you." d. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. SECTION 5. That with respect to the measure entitled: "Shall proposed Charter Amendment No. 3 to: commencing in 2026, require the City to adopt a two- YES year budget;update the procedures to cancel a regular City Council meeting; update the process to fill a City Council vacancy; and amend outdated phrases, syntax, dates,pronouns, and titles be approved?" NO 4 • 23-13267/320954 318 Attachment 3-Reso.2023-044 RESOLUTION NO. 2023-44 a. That the City Council authorizes the following member(s) of its body: (Councilmember In Favor/Against) (Councilmember In Favor/Against) (Councilmember In Favor/Against) (Councilmember In Favor/Against) (Councilmember In Favor/Against) to file a written argument not exceeding 300 words regarding the City measure as specified above, accompanied by the printed name(s) and signature(s) of the author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California. The arguments may be changed or withdrawn until and including the date fixed by the City Clerk after which no arguments for or against the City measure may be submitted to the City Clerk. Said argument to be accompanied by the printed name(s) and signature(s) of the authors(s) submitting it, or if submitted on behalf of an organization,the name of the organization,and the printed name and signature of at least one of its principal officers. SECTION 6. That the City Council directs the City Clerk to transmit a copy of the Measure to the City Attorney. a. The City Attorney shall prepare an impartial analysis of the Measure not exceeding 500 words showing the effect of the Measure on the existing law and the operation of the Measure. If the measure affects the organization or salaries of the office of the City Attorney, the City Attorney shall have outside counsel prepare the impartial analysis. b. The analysis shall include a statement indicating whether the measure was placed on the ballot by a petition signed by the requisite number of voters or by the governing body of the city. c. In the event the entire text of the measure is not printed on the ballot, nor in the voter information portion of the voter information guide,there shall be printed immediately below 5 23-13267/320954 319 Attachment 3-Reso.2023-044 RESOLUTION NO. 2023-44 the impartial analysis, in no less than 10-point type, the following: "The above statement is an impartial analysis of Charter Amendment Measure 3. If you desire a copy of the Measure, please call the election official's office at 714-536-5405 and a copy will be emailed at no cost to you." d. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. SECTION 7. That the City Cleric shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of 2023. Mayor REVIEWED AND APPROVED: APPROVED AS TO FORM: City Manager A.-City Attorney INITIATED AND APPROVED: City Manager 6 23-13267/320954 320 Attachment 3-Reso.2023-044 ARGUMENTS FORM OF STATEMENT TO BE FILED BY AUTHORS OF ARGUMENTS All arguments concerning measures filed pursuant to Division 9, Chapter 3 (beginning with§9200)of the Elections Code shall be accompanied by the following form statement to be signed by each proponent, and by each author, if different, of the argument: The undersigned proponent (s) or author(s) of the (primary/rebuttal) argument (in favor of/against) ballot proposition (name or number) at the (title of election) election for the (jurisdiction) to be held on , 20 hereby state that the argument is true and correct to the best of (his/her/their) knowledge and belief. Print Name . • Signature Title (If applicable):Submitted on behalf of: Date (name of organization) Print Name Signature Title • (If applicable):Submitted on behalf of: ' Date (name of organization) Print Name Signature Title (If applicable):Submitted on behalf of: Date (name of organization) Print Name Signature Title • (If applicable):Submitted on behalf of: Date (name of organization) • Print Name Signature Title (If applicable):Submitted on behalf of: Date (name of organization) 321 Attachment 3-Reso.2023-044 All Authors must print his/her name and-sign this form (EC 960Q) AND Print his/her name and sign the Argument itself (EC 9283) AND. Print his/her name and sign the Rebuttal Argument itself (EC 9285) Further, pursuant to Election Code§ 9282, printed arguments submitted to the voters shall be titled either"Argument-In Favor Of Measure_" or"Argument Against Measure_". Likewise,printed rebuttal arguments submitted pursuant to Election Code§9285 shall be titled either"Rebuttal To Argument In Favor Of Measure`"or"Rebuttal to Argument Against Measure • §9200, 9282, 9283, 9285, 9600 E.C. Statement of Authors of Arguments §9600,E.C.and(Steven Vargas v,Cheryl Selz and City of Brea;Revised 10/2009) F-A-1 322 Attachment 4-Reso.2023-045 RESOLUTION NO, 2023-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS WHEREAS, § 9282 of the Elections Code of the State of California provides for written arguments to be filed in favor of or against City measures not to exceed 300 words in length; and WHEREAS, § 9285 of the Elections Code of the State of California authorizes the City Council, by majority vote, to adopt provisions to provide for the filing of rebuttal arguments for city measures submitted at municipal elections; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to Section 9285 of the Elections Code of the State of California, when the elections official has selected the arguments for and against each measure (not exceeding 300 words each) which will be printed and distributed to the voters, the elections official shall send a copy of an argument in favor of the proposition to the authors of any argument against the measure and a copy of an argument against the measure to the authors of any argument in favor of the measure immediately upon receiving the arguments, The author or a majority of the authors of an argument relating to a city measure may prepare and submit a rebuttal argument not exceeding 250 words or may authorize in writing any other person or persons to prepare,submit,or sign the rebuttal argument.A rebuttal argument shall not be signed by more than five authors, The rebuttal arguments shall be filed with the City Clerk, signed,with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the 23-13267/320951 323 Attachment 4-Reso.2023-045 RESOLUTION NO. 2023-45 name of the organization,and the printed name and signature of at least one of its principal officers, not more than 10 days after the final date for filing direct arguments. The rebuttal arguments shall be accompanied by the Form of Statement To Be Filed By Author(s) of Argument. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut. SECTION 2. That all previous resolutions providing for the filing of rebuttal arguments for city measures are repealed. SECTION 3. That the City Cleric shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 2023. Mayor REVIEWED AND APPROVED: APPROVED AS TO FORM: City Manager City Attorney INITIATED AND APPROVED: City Manager 2 23-13267/320951 324 Attachment 4-Reso.2023-045 ARGUMENTS AUTHORIZATION FOR ANOTHER PERSON TO SIGN REBUTTAL ARGUMENT The following majority of authors of the Argument o In Favor of ❑Against Measure authorize the following person(s) to prepare, submit or sign the Rebuttal to the Argument o in Favor of o Against Measure for the City of Election to be held on , 20 Signatures of a majority of the authors of the Argument o In Favor of o Against Measure are required: Name(Print) Signature Date Name(Print) Signature Date Name(Print) Signature Date The following authors are authorized to prepare, submit or sign the Rebuttal to the Argument ❑ In Favor of ❑Against Measure Print Name Signature Title Date Print Name Signature Title Date Print Name Signature Title Date Print Name Signature 325 Attachment 4-Reso.2023-045 Title Date Print Name Signature Title Date Attach this form to the Form of Statement of Authors Form submitted with the Argument o In Favor of ❑Against Measure 9285, F.C. Authorization for Others to Sign Rebuttal Argument (Added 101200$,Amended 1012016) F-A-2 • • 326 Attachment 5-Charter Amendment Draft Language Question No. 1: Elections (Revise 702, Add new 705) Section 702.PROCEDURE FOR HOLDING ELECTIONS. All elections shall be held in accordance with the provisions of the Elections Code of the State of California, as the same now exists or hereafter may be amended, for the holding of municipal elections, so far as the same are not in conflict with this Charter. In the event of such conflict, the provisions of this Charter shall control and prevail, in accordance with Section 103 of this Charter. Section 705. SPECIAL PROVISIONS RELATING TO MUNICIPAL ELECTIONS As in Section 300, the City Charter shall determine the term of the City's elective officers, the length of term, and the election cycle in which the election for those offices occur for the City's elective officers. (a)Beginning in 2026, for all municipal elections: (1) "Elector"means a person who is a United States citizen 18 years of age or older, and a resident of the City on or before the day of an election. (2)The City may verify the eligibility of Electors by voter identification. (3) The City may provide at least 20 Americans with Disabilities Act compliant voting locations for in-person voting dispersed evenly throughout the City, in addition to any City facility voting locations. (4)The City may monitor ballot drop boxes located within the City for compliance with all applicable laws. 1 327 Attachment 5-Charter Amendment Draft Language Question No. 2: Flags (Add New 806) SECTION 806.DISPLAY OF FLAGS. Except as otherwise provided herein,the City shall only fly or display at or on any of the City's properties the following flags: the American flag,the POW/MIA flag, the State of California flag, the Huntington Beach City flag,the County of Orange flag, or any of the flags of the six branches of service: the Army,Navy, Air Force, Coast Guard, Marine Corps, and Space Force. During the Summer Olympic Games,the Mayor is authorized to order the display of the official Olympic flags for four weeks prior to the dates of the games, and for up to two weeks thereafter. The City may display any other flag in addition to those already enumerated,but only if authorized by a unanimous vote of all members of the City Council. • 328 Attachment 5-Charter Amendment Draft Language Question No. 3: General Update of Numerous Sections (Revise 300, 303, 304a, 311d, 312,400d, 401b, 601, 602, 603, 604, 605, 801, 804) Section 300. CITY COUNCIL,ATTORNEY, CLERK AND TREASURER. TERMS. The elective officers of the City shall consist of a City Council of seven members, a City Clerk, a City Treasurer and a City Attorney, all to be elected from the City at large at the times and in the manner provided in this Charter and who shall serve for terms of four years and until their respective successors qualify. Subject to the provisions of this Charter, the members of the City Council in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and until their successors are elected and qualified. Consistent with the staggered election process established in the new Charter in 1966 and reaffirmed in 2022, four members of the City Council shall be elected at the general municipal election held in 4966 2022, and each fourth year thereafter. Three members of the City Council shall be elected at the general municipal election held in 196&-2024, and each fourth year thereafter. No person shall be elected as a member of the City Council for more than two consecutive terms and no person who has been a member for more than two years of a term to which some other person was elected a member shall be elected to the City Council more than one further consecutive term. Subject to the provisions of this Charter, the City Clerk, City Treasurer and City Attorney in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and the qualification of their successors. Consistent with the staggered election process established in the new Charter in 1966 and reaffirmed in 2022, a City Clerk and City Treasurer shall be elected at the general municipal election held in 1968 2024, and each fourth year thereafter. A City Attorney shall be elected in 4966 2022, and each fourth year thereafter. The term of each member of the City Council,the City Clerk, the City Treasurer and the City Attorney shall commence on the first Monday regular City Council meeting following the certification of the election. Ties in voting among candidates for office shall be settled by the casting of lots random drawing process conducted by the City Manager during the first regular City Council meeting following the certification. If no candidate meets the qualifications for office of the City Clerk, City Treasurer, or City Attorney, the City Council shall fill that position by appointment until the next municipal general election in which a qualified candidate is elected. Section 303.MEETINGS AND LOCATION. (a) Regular Meetings. The City Council shall hold regular meetings at least twice each month,unless it lacks a quorum or is canceled by the Mayor or a majority of City Council Members, at such time as it shall fix by ordinance or resolution. In no event shall the City • Council meet less than once each month. and The City Council may adjourn or re adjourn any regular meeting to a date and hour certain which shall be specified in the order of adjournment_ Each re-adjourned meeting shall be a regular meeting for all purposes. If the hour to which a mccting 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. 3 329 Attachment 5-Charter Amendment Draft Language (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.,er by mail or by current technology at least twenty-four hours before the time of such meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at such meeting. If any person entitled to such written notice files a written waiver of notice with the City Clerk, it may be dispensed with. This notice requirement shall be considered fulfilled as to any person who is actually present at the meeting at the time it convenes. In the event of an emergency affecting the public peace,health or safety, a special meeting may be called as provided in this section with less than twenty-four hours written notice by the Mayor Pro Tern in the Mayor's absence or by any member of the City Council in the absence of both the Mayor and Mayor Pro Tern provided that the nature of the emergency is set forth in the minutes of the meeting. (c) Place of Meetings. All regular meetings shall be held in the Council Chambers of the City or in such place within the City to which any such meeting may be adjourned. If,by reason of fire, flood or other emergency, it shall be unsafe to meet in the place designated, the meetings may be held for the duration of the emergency at such place within the City as is designated by the Mayor, or, if he the Mayor should fail to act,by a majority of the members of the City Council. (d) Open Meetings. All regular and special meetings of the City Council shall be open and public, and all persons shall be permitted to attend such meetings, except that the provisions of this section shall not apply to executive closed sessions. Subject to the rules governing the conduct of City Council meetings,no person shall be denied the right to be heard by the City Council. (e) Dissemination of Information. The City Council shall adopt rules to ensure thorough and timely dissemination of information via current technology by resolution. Section 304. QUORUMS,PROCEEDINGS AND RULES OF ORDER. (a) Quorum. A majority of the members of the City Council shall constitute a quorum to do business but a lesser number may adjourn from time to time. In the absence of all the members of the City Council from any regular meeting or adjourned regular meeting,the City Clerk may declare the same adjourned to a stated day and hour. The City Clerk shall cause written notice of a meeting adjourned by less than a quorum or by the City Clerk to be delivered personally OF by mail or by current technology to each Council member at least twenty-four hours before the time to which the meeting is adjourned, or such notice may be dispensed with in the same manner as specified in this Charter for dispensing with notice of special meetings of the City Council. 4 330 Attachment 5-Charter Amendment Draft Language Section 311. CITY TREASURER. POWERS AND DUTIES. (d) Prepare and submit to the Director of Finance Chief Financial Officer monthly written reports of all receipts, disbursements and fund balances, and shall file copies of such reports with the City Manager and City Council. Section 312.VACANCIES,FORFEITURES AND REPLACEMENT. (a) Vacancies. A vacancy in the City Council or in any other office designated as elective by this Charter, from whatever cause arising, shall be filled by appointment by the City Council with at least four affirmative votes. (b) Forfeiture. If a member of the City Council is absent from all regular meetings of the City Council for a period of thirty consecutive days from and after the last regular City Council meeting attended by such member,unless by permission of the City Council expressed in its official minutes,the office shall become vacant. If an elected City officer pleads guilty or no contest to or is convicted of a felony or any crime of moral turpitude, or ceases to be an elector of the City,the office shall become vacant. The City Council shall declare the existence of such vacancy. Any elective officer of the City who shall accept or retain any other elective public office, except as provided in this Charter, shall be deemed thereby to have vacated the office under the City Government. (c) Replacement. In the event it the City Council shall fail to fill a vacancy by appointment within sixty days after such office shall become vacant,the City Council shall forthwith cause an election to be held to fill such vacancy for the remainder of the unexpired term. If the City Council fills the vacancy by appointment, such appointee shall hold office until an election to fill the remainder of the unexpired term at the next general municipal election. Should the appointment occur after the filing deadline for the next general municipal election, the seat shall be deemed vacant upon the certification of the general municipal election, and the vacancy shall be filled in accordance with Sections 312(a) and 312(c). Section 400. CITY MANAGER. COMPOSITION, TERM,ELIGIBILITY, REMOVAL. (d) Removal. The City Manager shall not be removed from office during or within a period of ninety days next succeeding any municipal election at which a member of the City Council is elected. At any other time the City Manager may be removed only at a regular meeting of the City Council and upon the affirmative vote of a majority of the members of the City Council. At least thirty days prior to the effective date of removal,the City Manager shall be furnished with a written notice stating the Council's intentions and, if requested by the City Manager,the reasons therefor. Within seven days after receipt of such notice, the City Manager may by written notification to the City Clerk request a public hearing before the City Council, in which event the Council shall fix a time for a public hearing which shall be held at its regular meeting place before the expiration of the thirty-day period above referred to. The City Manager shall appear 5 331 Attachment 5-Charter Amendment Draft Language and be heard at such hearing. After furnishing the City Manager with written notice of the intended removal,the City Council may suspend the City Manager from duty,but his the City Manager's compensation shall continue until removal as herein provided. In removing the City Manager,the City Council shall use its uncontrolled discretion and its action shall be final and shall not depend upon any particular showing or degree of proof at the hearing, the purpose of which is to allow the City Council and the City Manager to present to each other and to the public all pertinent facts prior to the final action of removal. Section 401.POWERS AND DUTIES. (b) Prepare the budget annually as required by this Charter, submit it to the City Council, and be responsible for its administration upon adoption. Section 601. BIENNIAL ANNUAL BUDGET,PREPARATION BY THE CITY MANAGER. At such date as the City Manager shall determine, each board or commission and each department head shall furnish to the City Manager,personally, or through the Director of Finance Chief Financial Officer, estimates of the department's,board's or commission's revenue and expenditures for the ensuing two fiscal years, detailed in such manner as may be prescribed by the City Manager. In preparing the proposed budget, the City Manager shall review the estimates, hold conferences thereon with the respective department heads,boards or commissions as necessary, and may revise the estimates as may be deemed advisable. Section 602. BIENNIAL ANNUAL BUDGET. SUBMISSION TO THE CITY COUNCIL. The City Manager shall submit the proposed budget to the City Council at least thirty days prior to the beginning of each even numbered fiscal year beginning in 2026. After reviewing the proposed budget and making such revisions as it may deem advisable,the City Council shall hold a public hearing thereon at least fifteen days prior to the beginning of each even numbered fiscal year and shall cause to be published a notice thereof not less than ten days prior to said hearing. Copies of the proposed budget shall be available for inspection by the public in the office of the City Clerk at least ten days prior to said hearing. Section 603.BIENNIAL ANATITAL 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 6 332 Attachment 5-Charter Amendment Draft Language of at least a majority of the total members of the Council. Upon final adoption, the budget shall be in effect for the ensuing two fiscal years. Copies thereof, certified by the City Clerk, shall be filed with the City Manager,Director of Finance Chief Financial Officer, City Treasurer and the person retained by the City Council to perform the post audit function, and a further copy shall be placed, and shall remain on file in the office of the City Clerk where it shall be available for public inspection. The budget so certified shall be reproduced and copies made available for the use of the public and of departments, offices and agencies of the City. Section 605. BIENNIAL ANNUAL BUDGET APPROPRIATIONS. From the effective date of the budget,the several amounts stated therein as proposed expenditures shall be and become appropriated to the several depaituients, offices and agencies for the respective objects and purposes therein named;provided, however, that the City Manager may transfer funds from one object or purpose to another within the same department, office or agency. All appropriations shall lapse at the end of the second fiscal year to the extent that they shall not have been expended or lawfully encumbered. At any public meeting after the adoption of the budget, the City Council may amend or supplement the budget by motion adopted by the affirmative vote of at least a majority of the total members of the City Council. Section 801.DEFINITIONS. Unless the provisions or the context otherwise requires, as used in this Charter: (a) "Shall" is mandatory, and "may" is permissive. (b) "City" is the City of Huntington Beach and "department," "board," "commission," "agency," "officer," or "employee" is a department,board, commission, agency, officer or employee, as the case may be, of the City of Huntington Beach. (c) "County" is the County of Orange. (d) "State" is the State of California. (e) The masculine includes the feminine and the feminine includes the masculine. (f-e) The singular includes the plural and the plural the singular. (g f) "Person" includes firm and corporation. Section 804. CHARTER REVIEW. The City Council shall determine if there is a need to convene a citizen's Charter Review Commission to conduct a review of the City Charter no less frequently than every ten years from the most recent formal Charter review conducted by a Charter Revision Commission, City Council, or City staff. 7 333 • Question No. 1: Elections (Revise 702, Add new 705) Section 702. PROCEDURE FOR HOLDING ELECTIONS. All elections shall be held in accordance with the provisions of the Elections Code of the State of California, as the same now exists or hereafter may be amended, for the holding of municipal elections, so far as the same are not in conflict with this Charter. In the event of such conflict,the provisions of this Charter shall control and prevail, in accordance with Section 103 of this Charter. Section 705. SPECIAL PROVISIONS RELATING TO MUNICIPAL ELECTIONS As in Section 300,the City Charter shall determine the term of the City's elective officers,the length of term, and the election cycle in which the election for those offices occur for the City's elective officers. (a)Beginning in 2026, for all municipal elections: (1) "Elector"means a person who is a United States citizen 18 years of age or older, and a resident of the City on or before the day of an election. f2) The City may verify the eligibility of Electors by voter identification. (3) The City may provide at least 20 Americans with Disabilities Act compliant voting locations for in-person voting dispersed evenly throughout the City, in addition to any. City facility voting locations. (4) The City may monitor ballot drop boxes located within the City for compliance with all applicable laws. 1 Question No.2: Flags (Add New 806) SECTION 806. DISPLAY OF FLAGS. Except as otherwise provided herein,the City shall only fly or display at or on any of the City's properties the following flags: the American flag,the POW/MIA flag,the State of California flag,the Huntington Beach City flag,the County of Orange flag, or any of the flags of the six branches of service: the Army,Navy, Air Force, Coast Guard,Marine Corps, and Space Force. During the Summer Olympic Games,the Mayor is authorized to order the display of the official Olympic flags for four weeks prior to the dates of the games, and for up to two weeks thereafter. The City may display any other flag in addition to those already enumerated,but only if authorized by a unanimous vote of all members of the City Council. 2 Question No. 3: General Update of Numerous Sections (Revise 300, 303, 304a, 311d, 312, 400d, 401b, 601, 602, 603, 604, 605, 801, 804) Section 300. CITY COUNCIL,ATTORNEY, CLERK AND TREASURER. TERMS. The elective officers of the City shall consist of a City Council of seven members, a City Clerk, a City Treasurer and a City Attorney, all to be elected from the City at large at the times and in the manner provided in this Charter and who shall serve for terms of four years and until their respective successors qualify. Subject to the provisions of this Charter, the members of the City Council in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and until their successors are elected and qualified. Consistent with the staggered election process established in the new Charter in 1966 and reaffirmed in 2024, four members of the City Council shall be elected at the general municipal election held in 4-966 2022, and each fourth year thereafter. Three members of the City Council shall be elected at the general municipal election held in 1968 2024, and each fourth year thereafter. No person shall be elected as a member of the City Council for more than two consecutive terms and no person who has.been a member for more than two years of a term to which some other person was elected a member shall be elected to the City Council more than one further consecutive term. Subject to the provisions of this Charter,the City Clerk, City Treasurer and City Attorney in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and the qualification of their successors. Consistent with the staggered election process established in the new Charter in 1966 and reaffirmed in 2024, a City Clerk and City Treasurer shall be elected at the general municipal election held in 1968 2024, and each fourth year thereafter. A City Attorney shall be elected in 1966 2022, and each fourth year thereafter. The term of each member of the City Council,the City Clerk,the City Treasurer and the City Attorney shall commence on the first Menday regular City Council meeting following the certification of the election. Ties in voting among candidates for office shall be settled by the casting of lots random drawing process conducted by the City Manager during the first regular City Council meeting following the certification. If no candidate meets the qualifications for office of the City Clerk, City Treasurer, or City Attorney,the City Council shall fill that position by appointment until the next municipal general election in which a qualified candidate is elected. Section 303.MEETINGS AND LOCATION. (a) Regular Meetings. The City Council shall hold regular meetings at least twice each month,unless it lacks a quorum or is canceled by the Mayor or a majority of City Council Members, at such time as it shall fix by ordinance or resolution. In no event shall the City Council meet less than once each month. and The City Council may adjourn or re adjourn any regular meeting to a date and hour certain which shall be specified in the order of adjournment Each re-adjourned meeting shall be a regular meeting for all purposes. If shall-be-held-at-the-lieur-fer-helding-regular-meefingsf at any time any regular meeting falls on a holiday such regular meeting shall be held on the next business day. • (b) Special Meetings. A special meeting may be called at any time by the Mayor, or by a majority of the members of the City Council, by written notice or current technology to each member of the City Council and to each local newspaper of general circulation,radio or television station requesting notice in writing. Such notice must be delivered personallyyer by mail or by current technology at least twenty-four hours before the time of such meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted.No other business shall be considered at such meeting. If any person entitled to such written notice files a written waiver of notice with the City Clerk, it may be dispensed with. This notice requirement shall be considered fulfilled as to any person who is actually present at the meeting at the time it convenes. In the event of an emergency affecting the public peace,health or safety, a special meeting may be called as provided in this section with less than twenty-four hours written notice by the Mayor Pro Tern in the Mayor's absence or by any member of the City Council in the absence of both the Mayor and Mayor Pro Tern provided that the nature of the emergency is set forth in the minutes of the meeting. (c) Place of Meetings. All regular meetings shall be held in the Council Chambers of the City or in such place within the City to which any such meeting may be adjourned. If, by reason of fire, flood or other emergency, it shall be unsafe to meet in the place designated,the meetings may be held for the duration of the emergency at such place within the City as is designated by the Mayor, or, if he the Mayor should fail to act, by a majority of the members of the City Council. (d) Open Meetings. All regular and special meetings of the City Council shall be open and public, and all persons shall be permitted to attend such meetings, except that the provisions of this section shall not apply to executive closed sessions. Subject to the rules governing the conduct of City Council meetings,no person shall be denied the right to be heard by the City Council. (e) Dissemination of Information. The City Council shall adopt rules to ensure thorough and timely dissemination of information via current technology by resolution. Section 304. QUORUMS,PROCEEDINGS AND RULES OF ORDER. (a) Quorum. A majority of the members of the City Council shall constitute a quorum to do business but a lesser number may adjourn from time to time. In the absence of all the members • of the City Council from any regular meeting or adjourned regular meeting,the City Clerk may declare the same adjourned to a stated day and hour. The City Clerk shall cause written notice of a meeting adjourned by less than a quorum or by the City Clerk to be delivered personally er 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. 4 Section 311. CITY TREASURER. POWERS AND DUTIES. (d) Prepare and submit to the Director of Finance Chief Financial Officer monthly written reports of all receipts, disbursements and fund balances, and shall file copies of such reports with the City Manager and City Council. Section 312.VACANCIES,FORFEITURES AND REPLACEMENT. (a) Vacancies. A vacancy in the City Council or in any other office designated as elective by this Charter, for whatever cause rising, shall be filled by appointment by the City Council with at least four affirmative votes. (b) Forfeiture. If a member of the City Council is absent from all regular meetings of the City Council for a period of thirty consecutive days from and after the last regular City Council meeting attended by such member, unless by permission of the City Council expressed in tis official minutes,the office shall become vacant. If an elected City officer pleads guilty or no contest to or is convicted of a felony or any crime of moral turpitude, or ceases to be an elector of the City,the office shall become vacant. The City Council shall declare the existence of such vacancy. Any elective officer of the City who shall accept or retain any other elective public office, except as provided in this Charter, shall be deemed thereby to have vacated the office under the City Government. (c) Replacement. In the event it the City Council shall fail to fill a vacancy by appointment within sixty days after such office shall become vacant,the City Council shall forthwith cause an election to be held to fill such vacancy for the remainder of the unexpired term. If the City - Council fills the vacancy by appointment, such appointee shall hold office until an election to fill the remainder of the unexpired term at the next general municipal election. Should the appointment occur after the filing deadline for the next general municipal election,the seat shall be deemed vacant upon the certification of the general municipal election, and the vacancy shall be filled in accordance with Sections 312(a) and 312(c). Section 400. CITY MANAGER. COMPOSITION,TERM,ELIGIBILITY,REMOVAL. (d) Removal. The City Manager shall not be removed from office during or within a period of ninety days next succeeding any municipal election at which a member of the City Council is elected. At any other time the City Manager may be removed only at a regular meeting of the City Council and upon the affirmative vote of a majority of the members of the City Council. At least thirty days prior to the effective date of removal,the City Manager shall be furnished with a written notice stating the Council's intentions and, if requested by the City Manager,the reasons therefor. Within seven days after receipt of such notice,the City Manager may by written notification to the City Clerk request a public hearing before the City Council, in which event the Council shall fix a time for a public hearing which shall be held at its regular meeting place before the expiration of the thirty-day period above referred to. The City Manager shall appear 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 5 • Manager's compensation shall continue until removal as herein provided. In removing the City Manager,the City Council shall use its uncontrolled discretion and its action shall be final and shall not depend upon any particular showing or degree of proof at the hearing,the purpose of which is to allow the City Council and the City Manager to present to each other and to the public all pertinent facts prior to the final action of removal. Section 401. POWERS AND DUTIES. (b) Prepare the budget annually as required by this Charter, submit it to the City Council, and be responsible for its administration upon adoption. Section 601. BIENNIAL ANNUAL BUDGET, PREPARATION BY THE CITY MANAGER. At such date as the City Manager shall determine, each board or commission and each department head shall furnish to the City Manager,personally, or through the Director of Finanec Chief Financial Officer, estimates of the department's,board's or commission's revenue and expenditures for the ensuing two fiscal years, detailed in such manner as may be prescribed by the City Manager. In preparing the proposed budget, the City Manager shall review the estimates,hold conferences thereon with the respective department heads, boards or commissions as necessary, and may revise the estimates as may be deemed advisable. Section 602. BIENNIAL ANNUAL BUDGET. SUBMISSION TO THE CITY COUNCIL. The City Manager shall submit the proposed budget to the City Council at least thirty days prior to the beginning of each even numbered fiscal year beginning in 2026. After reviewing the proposed budget and making such revisions as it may deem advisable,the City Council shall hold a public hearing thereon at least.fifteen days prior to the beginning of each even numbered fiscal year and shall cause to be published a notice thereof not less than ten days prior to said hearing. Copies of the proposed budget shall be available for inspection by the public in the office of the City Clerk at least ten days prior to said hearing. Section 603. BIENNIAL ANINTJAL 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 6 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 Finalise Chief Financial Officer, City Treasurer and the person retained by the City Council to perform the post audit function, and a further copy shall be placed, and shall remain on file in the office of the City Clerk where it shall be available for public inspection. The budget so certified shall be reproduced and copies made available for the use of the public and of departments, offices and agencies of the City. Section 605.BIENNIAL ANNUAL BUDGET APPROPRIATIONS. From the effective date of the budget,the several amounts stated therein as proposed expenditures shall be and become appropriated to the several departments, offices and agencies for the respective objects and purposes therein named; provided,however,that the City Manager may transfer funds from one object or purpose to another within the same department, office or agency. All appropriations shall lapse at the end of the second fiscal year to the extent that they shall not have been expended or lawfully encumbered. At any public meeting after the adoption of the budget,the City Council may amend or supplement the budget by motion adopted by the affirmative vote of at least a majority of the total members of the City Council. Section 801. DEFINITIONS. Unless the provisions or the context otherwise requires, as used in this Charter: (a) "Shall" is mandatory, and "may" is permissive. (b) "City" is the City of Huntington Beach and "department," "board," "commission," "agency," "officer," or "employee" is a department,board, commission, agency, officer or employee, as the case may be, of the City of Huntington Beach. (c) "County" is the County of Orange. (d) "State" is the State of California. (f-c) 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 rec,fot formal Charter review conducted by a Charter Revision Commission, City Council, or City staff. 7 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Al Zelinka, City Manager VIA: Travis K. Hopkins, Assistant City Manager PREPARED BY: Shannon Levin, Council Policy Analyst Catherine Jung Deputy City Manager Subject: ..title Consider the submission of three Charter amendment ballot measures for voter approval at the March 5, 2024 Statewide Primary Election and the adoption of Resolution Nos. 2023-42, 2023- 43, 2023-44, and 2023-45. ..body Statement of Issue: Note:A PDF of this report is attached, in the event the tables and images do not display properly on the reader's screen. On October 5, 2023, the City Council voted to place three Charter amendment ballot measures for voter approval on the March 5, 2024 Statewide Primary Election. The City Attorney's Office has since prepared the following Resolutions, which contain the proposed amendments to the City Charter, ballot questions, and exhibits for final consideration by the full City Council. 1. Resolution No. 2023-42- A Resolution of the City Council of the City of Huntington Beach, California, Calling for the Holding of a Special Municipal Election to be held on Tuesday, March 5, 2024, for the Submission to the Voters Questions Relating to City Charter Amendments 2. Resolution No. 2023-43- A Resolution of the City Council of the City of Huntington Beach, California, Requesting the Board of Supervisors of the County of Orange to Consolidate a Special Municipal Election to be held on March 5, 2024, with the Statewide Primary Election to be held on the Date Pursuant to § 10403 of the Elections Code 3. Resolution No. 2023-44- A Resolution of the City Council of the City of Huntington Beach, California, Setting Priorities for Filing Written Arguments Regarding City Measures and Directing the City Attorney to Prepare Impartial Analyses 4. Resolution No. 2023-45- A Resolution of the City Council of the City of Huntington Beach, California, Providing for the Filing of Rebuttal Arguments for City Measures Submitted at Municipal Elections To place the three measures on the ballot,the City Council must vote to approve or amend the proposed ballot questions and exhibits available in Resolution Nos. 2023-42 and 2023-43; set priorities for written arguments and rebuttal arguments in Resolution Nos. 2023-44 and 2023-45; and adopt all four resolutions. Following adoption, the City Attorney's Office will prepare an impartial analysis for each measure per Resolution No. 2023-44. Furthermore, the City Clerk's Office will gather the written arguments and 334 rebuttals for each measure and all other required election materials for submittal to the OC Registrar of Voters (ROV) by their filing deadlines. Financial Impact: The estimated cost to hold a municipal election during the March 5, 2024 Statewide Primary Election and place 3 Charter amendment measures on the ballot is as follows: Election Component Estimated Cost(Range) Details The cost of consolidating elections with Orange County, March 2024 Consolidated which includes: labor, overhead, supplies, services, Election Cost $318,928 to$383,128 pre-paid postage for vote by mail return envelopes, and cost recovery for the 2019-20 purchase of new election equipment per registered voter. One (1) measure is estimated at$17,000 to$25,500, Placement of three (3) which is contingent on the number of pages it occupies Measures on the March 2024 $51,000 to$76,500 on the ballot. Per the ROV, every 2 pages is$8,500, Ballot and the City's estimate is based on 4-6 pages per measure. Total.Estimated Cost(Range) $369,928 to$459,628 The total estimated cost is not budgeted. As such, City Council is requested to authorize a budget appropriation of$459,628 from the 2023/24 General Fund to Business Unit 10010201. Sufficient funds are available to support this request. Recommended Action: ..recommendation A) Consider the three proposed Charter amendment ballot measures, ballot language, and exhibits for placement on the March 5, 2024 Statewide Primary Election ballot for voter approval; and B) Adopt Resolution No. 2023-42, "A Resolution of the City Council of the City of Huntington Beach, California, Calling for the Holding of a Special Municipal Election to be held on Tuesday, March 5, 2024, for the Submission to the Voters Questions Relating to City Charter Amendments;" and C) Adopt Resolution No. 2023-43, "A Resolution of the City Council of the City of Huntington Beach, California, Requesting the Board of Supervisors of the County of Orange to Consolidate a Special Municipal Election to be held on March 5, 2024, with the Statewide Primary Election to be held on the Date Pursuant to § 10403 of the Elections Code;" and D) Adopt Resolution No. 2023-44, "A Resolution of the City Council of the City of Huntington Beach, California, Setting Priorities for Filing Written Arguments Regarding City Measures and Directing the City Attorney to Prepare Impartial Analyses;" and E) Adopt Resolution No. 2023-45, "A Resolution of the City Council of the City of Huntington Beach, California, Providing for the Filing of Rebuttal Arguments for City Measures Submitted at Municipal Elections;" and F) Appropriate$459,628 in General Funds to business unit 10040101; and G) Dissolve the Charter Review Ad Hoc Council Committee, as their scope of work has been completed. 335 ..end • Alternative Action(s): Do not approve one or more recommended actions and direct staff accordingly. Analysis: Pursuant to City Council direction, the Ad Hoc Charter Revision Committee consisting of Mayor Strickland, Mayor Pro Tern Van Der Mark, and Council Member Burns collaborated with the City Attorney's Office on several proposed City Charter amendments. The Ad Hoc Committee introduced a list of those Charter amendments at the September 5, 2023 City Council meeting. On September 5, 2023, City Council authorized four Special Meetings on September 14, 21, 28 and October 5 to gather public feedback and further consider the amendments. During the first meeting, City Council received feedback and requested impact analyses for each amendment, including those proposed by the Ad Hoc Committee and staff. On September 21, Council Members deliberated, while adding new amendments and requesting impact analyses on each. On September 28, Council Members discussed several proposed amendments and took straw votes to either table the items or move items forward for additional discussion on October 5. On October 5, City Council voted to approve six of the proposed amendments and placed them across three ballot measures for the March 2024 election. Each proposed measure contains one or more Charter amendments. Details on each are listed below, along with the proposed ballot measure language that will be placed before voters. This language was developed by the City Attorney's Office. CHARTER AMENDMENT— MEASURE NO. 1: Proposed Ballot Language for Consideration (max 75 words): Shall proposed Charter Amendment No. 1, which provides that commencing in 2026, for all municipal elections, the City: may require YES Voter ID for elections; provide more in-person voting locations; and monitor ballot drop boxes, be approved? NO A redlined Charter with these proposed amendments will be attached to the ballot measure language (see Attachment 5) to help voters visualize and better comprehend these changes. Lastly, a detailed list of the proposed Charter amendments in Measure No. 1 is below for reference only. This list will not be included in the ballot. Charter Amendment No. 1 # Section Section Title Proposed Amendment 1 702 Procedure for Holding The existing section states that all municipal elections Elections will be held per the State's Elections Code, so long as they are not in conflict with the Charter. The amendment adds that the Charter will control and prevail in the event of a conflict. 336 2 705 Special Provisions The amendment adds language stating that the City, (new) Relating to Municipal beginning in 2026, may verify the eligibility of voters by Elections voter ID; provide at least 20 ADA-compliant voting locations; and monitor ballot drop boxes during all municipal elections. It also reiterates that the Charter will determine the term of the City's elected officers, the length of term, and election cycle for those officers. CHARTER AMENDMENT— MEASURE NO. 2: Proposed Ballot Language for Consideration (max 75 words): Shall proposed Charter Amendment No. 2, which provides that the only flags to be displayed by the City on City property are the United States YES Flag, the County of Orange Flag, the City of Huntington Beach Flag, the POW-MIA Flag, the six Armed Forces Flags, the Olympic Flag during the Summer Olympic Games, and any other flag if authorized by a unanimous vote of the City Council, be approved? NO A redlined Charter with these proposed amendments will be attached to the ballot measure language (see Attachment 5) to help voters visualize and better comprehend these changes. Lastly, a detailed list of the proposed Charter amendments in Measure No. 2 is below for reference only. This will not be included in the ballot. Charter Amendment No.�2 _ . . a # Section Section Title Proposed Amendment 1 806 Display of Flags City would be limited to flying certain flags on its (new) properties: American flag, POW/MIA flag, State of California, County of Orange flag, City of Huntington Beach flag, flags of six branches of military, and Olympic flag preceding and following Summer Olympic Games. The City may fly additional flags if authorized by unanimous vote of the City Council. CHARTER AMENDMENT— MEASURE NO. 3: Proposed Ballot Language for Consideration (max 75 words): Shall proposed Charter Amendment No. 3 to: commencing in 2026, require the City to adopt a two-year budget; update the procedures to cancel a YES regular City Council meeting; update the process to fill a City Council 337 vacancy; and amend outdated phrases, syntax, dates, pronouns, and titles be approved? NO A redlined Charter with these proposed amendments will be attached to the ballot measure language (see Attachment 5) to help voters visualize and better comprehend these changes. Lastly, a detailed list of the proposed Charter amendments in Measure No. 3 is below for reference only. This will not be included in the ballot. Charter Amendment No.y3 ,.. # Section Section Title Proposed Amendment Update the initial election years for elected officials (currently 1966 and 1968) to be more contemporary City Council, Attorney, (2022 and 2024). Replace the outdated phrase 1 300 Clerk and Treasurer "casting lots" with the commonly used phrase "random Terms drawing process" and establish a clearer process and timeframe to resolve ties in voting for elected positions. Add a provision allowing the City Council to cancel a regularly scheduled meeting when needed, and holding a minimum of one meeting per month. 2 303 Meetings and Locations Syntax adjustments to clarify the process of adjourning City Council meetings. Replace the word "he"with "the Mayor". Replace the outdated phrase "executive sessions" with the commonly used "closed sessions" Quorums, Proceedings Add the use of"current technology" as one of several 3 304(a) and Rules of Order. ways to distribute meeting notices to City Council Quorum. Members. City Treasurer. Powers Replace "Director of Finance" with the updated title of 4 311(d) and Duties. Chief Financial Officer" to align with the Organizational Chart. Amend the procedure to fill a Council vacancy by appointment to (1) require at least 4 affirmative Vacancies, Forfeitures Council votes and (2) be filled until the next general 5 312 and Replacement municipal election when the remainder of the term will be filled via citywide vote. Clarify the word "it" with "City Council". City Manager. 6 400(d) Composition, Term, Clarify the word "his" with "City Manager's" Eligibility, Removal. Replace budget "annually" with "as required by this 7 401(b) Powers and Duties. Charter" to transition to a biennial budget. Biennial Budget, Replace "Director of Finance" with the updated title of 8 601 Preparation by the City Chief Financial Officer". Manager. Transition from an annual budget to a biennial budget starting in FY2026-2028. 338 Biennial Budget. Transition from an annual budget to a biennial budget 9 602 Submission to the City starting in FY2026-2028. Council. 10 603 Biennial Budget. Public Transition from an annual budget to a biennial budget Hearing. starting in FY2026-2028. Biennial Budget. Replace "Director of Finance" with the updated title of 11 604 Further Consideration "Chief Financial Officer". and Adoption. Transition from an annual budget to a biennial budget starting in FY2026-2028. 12 605 Biennial Budget. Transition from an annual budget to a biennial budget Appropriations. starting in FY2026-2028. 13 801 Definitions. Remove 801(e) to espouse gender-neutral language. Require City Council to consider a Charter review at 14 804 Charter Review. least every ten years, starting after the last review conducted by a Committee, Council or staff. Following adoption of the Resolutions, the City will prepare an impartial analysis for each measure and gather arguments and rebuttals. Please note the following timelines for all items to be submitted to the City Clerk's Office, should the Council approve the recommended action tonight: Timeline for Impartial Analysis and Written Arguments City Council Meeting / Call for = Due Date for Impartial Analyses,. Election and Written Arguments Tuesday, October 17, 2023 Wednesday, November 1, 2023 Timeline for Rebuttal Ar.uments Written Arguments Submitted - Due Date for Rebuttals Wednesday, November 1, 2023 Monday, November 13, 2023 If the City Council does not approve the Recommended Action tonight, the final regular meeting date that the City Council can call for an election and submit all required election materials by the ROV's final filing deadlines is November 21, 2023. Environmental Status: Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a project. Strategic Plan Goal: Not applicable. This item is an administrative or operational item. For details, visit www.huntingtonbeachca.qov/strategicplan. Attachment(s): 1. Resolution 2023-42-A Resolution of the City Council of the City of Huntington Beach, California, Calling for the Holding of a Special Municipal Election to be held on Tuesday, March 5, 2024, for the Submission to the Voters Questions Relating to City Charter Amendments 2. Resolution 2023-43-A Resolution of the City Council of the City of Huntington Beach, California, Requesting the Board of Supervisors of the County of Orange to Consolidate a Special Municipal 339 Election to be held on March 5, 2024, with the Statewide Primary Election to be held on the Date Pursuant to § 10403 of the Elections Code 3. Resolution 2023-44-A Resolution of the City Council of the City of Huntington Beach, California, Setting Priorities for Filing Written Arguments Regarding City Measures and Directing the City Attorney to Prepare Impartial Analyses 4. Resolution 2023-45-A Resolution of the City Council of the City of Huntington Beach, California, Providing for the Filing of Rebuttal Arguments for City Measures Submitted at Municipal Elections 5. Redline of Proposed Charter Amendments for Measures Nos. 1, 2, and 3 6. PDF version of this report 7. Presentation 340 7 L 7,/�i►�.IIII► .1► TIN _c,II_•_•••••1 G .. T 4•• ••• _tom p R P O R, 7 s••• o . 6# ,ilk <1‘6 ____ ____, Charter Amendment ___ __ c--) 111 ,� _ ) -ix. Ballot Measures ___ _ ____ __ _ - October 17 , 2023 „ Iiwi -�)fir i ,i 2,_____ e _ . ---.11.m•ECZNIIMIN, 0 j74_. --s--"t‘ . 0. 4V d - . . 17, 1 g 09 , 4;0 •••••••••••• Iii;' ir NTy • Consider 3 proposed amendments for March 2024 ballot • Examine language and exhibits • Adopt 4 Resolutions • 2023-042 — Call for Special Municipal Election • 2023-043 — Request the County Board of Supervisors consolidate special municipal election with Statewide Primary • 2023-043 — Priorities for filing written arguments and impartial analysis • 2023-044 — Filing of rebuttal arguments • Appropriate Funding • $459,628 from General Funds f<<i���1T I NGTO ��11� 'I O` 1GORFCNq Ifs ��/ 1_� * ;a t(� � vn� • Dissolve Charter Review Ad Hoc Committee 00(/NTv t''ii# Charter Amendment No . 1 YES Shall proposed Charter Amendment No. 1 , which provide that commencing in 2026, for all municipal elections, the City: may require Voter ID for elections; provide more in-person voting locations; and monitor ballot drop boxes, b- approved? NO i ANT I N TO ol Off \�,,�nr.%,';••••• C> Charter Amendment No . 2 Shall proposed Charter Amendment No. 2, which provides that th- only flags to be displayed by the City on City property are the YES United States Flag, the County of Orange Flag, the City o' Huntington Beach Flag, the POW-MIA Flag, the six Armed Forces Flags, the Olympic Flag during the Summer Olympic Games, and any other flag if authorized by a unanimous vote of the Cit NO Council, be approved? /0o�� **I NGTp��F �t' 1 UNry CP " Charter Amendment No . 3 YES Shall proposed Charter Amendment No. 3 to: commencing in 2026, require the City to adopt a two-year budget; update th- procedures to cancel a regular City Council meeting; update th- process to fill a City Council vacancy; and amend outdated phrases, syntax, dates, pronouns, and titles be approved? NO i�� PITING CD(/nITY CQ•...// Moore, Tania From: Levin, Shannon Sent: Friday, October 13, 2023 8:15 AM To: supplementalcomm@surfcity-hb.org Subject: Fwd: Charter Amendment on Voting Get Outlook for iOS From:Jeff&Sue LeBoff<leboff@verizon.net> Sent:Thursday, October 12, 2023 1:44:38 PM To:CITY COUNCIL(INCL.CMO STAFF)<city.council@surfcity-hb.org> Subject:Charter Amendment on Voting Since Huntington Beach is putting an overreaching Charter Amendment up for a vote, I propose we add the following: "It is unlawful for anyone to threaten, harass, or otherwise attempt to influence an election official or worker." Jeff LeBoff Do you know of a fellow OneHB team , member who has gone above & beyond? I—r3 NOMINATE THEM FOR THE CITY'S NEW EMPLOYEE RECOGNITION PROGRAM j', SUPPLEMENTAL COMMUNICATION 10/17/20/23 Meeting Date: Agenda item No.; 19 (23-871) FIE3 CITY OF HUNTINGTON BEACH Memorandum to City Council TO: City Council SUPPLEMENTAL COMMUNICATION FROM: Catherine Jun, Deputy City Manager 10/17/2023 moptitlg Date: CC: Al Zelinka, City Manager Travis Hopkins, Assistant City Manager 19 (23-871) Agenda Item No.: —...--- DATE: October 17, 2023 SUBJECT: Supplemental Communication for Item 19 (Charter Amendments) on the 10/17/23 City Council Agenda The City Attorney's Office has made revisions to Item 19 (Charter Amendments): 1. Added missing language to the exhibits in Resolution Nos. 2023-42 and 43. On October 5, City Council approved the missing language (highlighted below) for inclusion in Measure 3. The exhibits have since been revised to include them back in: Section 312.VACANCIES,FORFEITURES AND REPLACEMENT. (a) Vacancies.A vacancy in the City Council or in any other office designated as elective by this Charter.from whatever cause arising,shall be filled by appointment by the City Council with at least four affirmative votes. (b) Forfeiture.If a member of the City Council is absent from all regular meetings of the City Council for a period of thirty consecutive days from and after the last regular City Council meeting attended by such member,unless by permission of the City Council expressed in its official minutes,the office shall become vacant.If an elected City officer pleads guilty or no contest to or is convicted of a felony or any crime of moral turpitude,or ceases to be an elector of the City,the office shall become vacant.The City Council shall declare the existence of such vacancy.Any elective officer of the City who shall accept or retain any other elective public office,except as provided in this Charter,shall be deemed thereby to have vacated the office under the City Government. (c) Replacement.In the event it the City Council shall fail to fill a vacancy by appointment within sixty days after such office shall become vacant,the City Council shall forthwith cause an election to be held to fill such vacancy for the remainder of the unexpired term.If the City Council fills the vacancy by appointment,such appointee shall hold office until an election to fill the remainder of the unexpired term at the next general municipal election.Should the appointment occur after the filing deadline for the next general municipal election,the seat shall be deemed vacant upon the certification of the general municipal election,and the vacancy shall be filled in accordance with Sections 312(a)and 3 12(c). 2. Added "State of California flag" to Ballot Question No. 2 (Display of Flags). The question was initially missing the phrase above and has been revised accordingly in Resolution Nos. 2023-42, 43, 44; the RCA; and presentation. All revised materials are attached. We request City Council to refer to them during deliberations tonight. Printed copies will be placed on your dais seat and will also be submitted as supplemental communications. Revised 10/17/23 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Al Zelinka, City Manager VIA: Travis K. Hopkins, Assistant City Manager PREPARED BY: Shannon Levin, Council Policy Analyst Catherine Jun, Deputy City Manager Subject: ..title Consider the submission of three Charter amendment ballot measures for voter approval at the March 5, 2024 Statewide Primary Election and the adoption of Resolution Nos. 2023-42, 2023- 43, 2023-44, and 2023-45. ..body Statement of Issue: Note:A PDF of this report is attached, in the event the tables and images do not display properly on the reader's screen. On October 5, 2023, the City Council voted to place three Charter amendment ballot measures for voter approval on the March 5, 2024 Statewide Primary Election. The City Attorney's Office has since prepared the following Resolutions, which contain the proposed amendments to the City Charter, ballot questions, and exhibits for final consideration by the full City Council. 1. Resolution No. 2023-42- A Resolution of the City Council of the City of Huntington Beach, California, Calling for the Holding of a Special Municipal Election to be held on Tuesday, March 5, 2024, for the Submission to the Voters Questions Relating to City Charter Amendments 2. Resolution No. 2023-43- A Resolution of the City Council of the City of Huntington Beach, California, Requesting the Board of Supervisors of the County of Orange to Consolidate a Special Municipal Election to be held on March 5, 2024, with the Statewide Primary Election to be held on the Date Pursuant to § 10403 of the Elections Code 3. Resolution No. 2023-44- A Resolution of the City Council of the City of Huntington Beach, California, Setting Priorities for Filing Written Arguments Regarding City Measures and Directing the City Attorney to Prepare Impartial Analyses 4. Resolution No. 2023-45- A Resolution of the City Council of the City of Huntington Beach, California, Providing for the Filing of Rebuttal Arguments for City Measures Submitted at Municipal Elections To place the three measures on the ballot, the City Council must vote to approve or amend the proposed ballot questions and exhibits available in Resolution Nos. 2023-42 and 2023-43; set priorities for written arguments and rebuttal arguments in Resolution Nos. 2023-44 and 2023-45; and adopt all four resolutions. Following adoption, the City Attorney's Office will prepare an impartial analysis for each measure per Resolution No. 2023-44. Furthermore, the City Clerk's Office will gather the written arguments and rebuttals for each measure and all other required election materials for submittal to the OC Registrar of Voters (ROV) by their filing deadlines. Financial Impact: The estimated cost to hold a municipal election during the March 5, 2024 Statewide Primary Election and place 3 Charter amendment measures on the ballot is as follows: Election Component Estimated Cost(Range) Details The cost of consolidating elections with Orange County, March 2024 Consolidated which includes: labor, overhead, supplies, services, Election Cost $318,928 to $383,128 pre-paid postage for vote by mail return envelopes, and cost recovery for the 2019-20 purchase of new election equipment per registered voter. One (1) measure is estimated at$17,000 to$25,500, Placement of three(3) which is contingent on the number of pages it occupies Measures on the March 2024 $51,000 to$76,500 on the ballot. Per the ROV, every 2 pages is $8,500, Ballot and the City's estimate is based on 4-6 pages per measure. Total Estimated Cost(Range) $369,928 to $459,628 The total estimated cost is not budgeted. As such, City Council is requested to authorize a budget appropriation of$459,628 from the 2023/24 General Fund to Business Unit 10010201. Sufficient funds are available to support this request. Recommended Action: ..recommendation A) Consider the three proposed Charter amendment ballot measures, ballot language, and exhibits for placement on the March 5, 2024 Statewide Primary Election ballot for voter approval; and B) Adopt Resolution No. 2023-42, "A Resolution of the City Council of the City of Huntington Beach, California, Calling for the Holding of a Special Municipal Election to be held on Tuesday, March 5, 2024, for the Submission to the Voters Questions Relating to City Charter Amendments;" and C) Adopt Resolution No. 2023-43, "A Resolution of the City Council of the City of Huntington Beach, California, Requesting the Board of Supervisors of the County of Orange to Consolidate a Special Municipal Election to be held on March 5, 2024, with the Statewide Primary Election to be held on the Date Pursuant to § 10403 of the Elections Code;" and D) Adopt Resolution No. 2023-44, "A Resolution of the City Council of the City of Huntington Beach, California, Setting Priorities for Filing Written Arguments Regarding City Measures and Directing the City Attorney to Prepare Impartial Analyses;" and E) Adopt Resolution No. 2023-45, "A Resolution of the City Council of the City of Huntington Beach, California, Providing for the Filing of Rebuttal Arguments for City Measures Submitted at Municipal Elections;" and F) Appropriate$459,628 in General Funds to business unit 10040101; and G) Dissolve the Charter Review Ad Hoc Council Committee, as their scope of work has been completed. ..end Alternative Action(s): Do not approve one or more recommended actions and direct staff accordingly. Analysis: Pursuant to City Council direction, the Ad Hoc Charter Revision Committee consisting of Mayor Strickland, Mayor Pro Tem Van Der Mark, and Council Member Burns collaborated with the City Attorney's Office on several proposed City Charter amendments. The Ad Hoc Committee introduced a list of those Charter amendments at the September 5, 2023 City Council meeting. On September 5, 2023, City Council authorized four Special Meetings on September 14, 21, 28 and October 5 to gather public feedback and further consider the amendments. During the first meeting, City Council received feedback and requested impact analyses for each amendment, including those proposed by the Ad Hoc Committee and staff. On September 21, Council Members deliberated, while adding new amendments and requesting impact analyses on each. On September 28, Council Members discussed several proposed amendments and took straw votes to either table the items or move items forward for additional discussion on October 5. On October 5, City Council voted to approve six of the proposed amendments and placed them across three ballot measures for the March 2024 election. Each proposed measure contains one or more Charter amendments. Details on each are listed below, along with the proposed ballot measure language that will be placed before voters. This language was developed by the City Attorney's Office. CHARTER AMENDMENT — MEASURE NO. 1: Proposed Ballot Language for Consideration (max 75 words): Shall proposed Charter Amendment No. 1, which provides that commencing in 2026, for all municipal elections, the City: may require YES Voter ID for elections; provide more in-person voting locations; and monitor ballot drop boxes, be approved? NO A redlined Charter with these proposed amendments will be attached to the ballot measure language (see Attachment 5) to help voters visualize and better comprehend these changes. Lastly, a detailed list of the proposed Charter amendments in Measure No. 1 is below for reference only. This list will not be included in the ballot. Charter Amendment No. 1 # I Section Section Title Proposed Amendment 1 702 Procedure for Holding The existing section states that all municipal elections Elections will be held per the State's Elections Code, so long as they are not in conflict with the Charter. The amendment adds that the Charter will control and prevail in the event of a conflict. 2. 705 Special Provisions The amendment adds language stating that the City, (new) Relating to Municipal beginning in 2026, may verify the eligibility of voters by Elections voter ID; provide at least 20 ADA-compliant voting. locations; and monitor ballot drop boxes during all municipal elections. It also reiterates that the. Charter will determine the term of the City's elected officers, the length of term, and election cycle for those officers. CHARTER AMENDMENT— MEASURE NO. 2: . Proposed Ballot Language for Consideration (max 75 words): Shall proposed Charter Amendment No. 2, which provides that the only flags to be displayed:by.the City on.City property are the United States YES Flag, the State of California Flag, the County of Orange Flag, the City of Huntington Beach Flag, the POW-MIA Flag, the six Armed Forces Flags, the Olympic Flag during the Summer Olympic Games, and any other flag if authorized by a unanimous vote of the City Council, be NO approved? A redlined Charter with these proposed amendments will be attached to the ballot measure language (see Attachment 5)to help voters visualize and better comprehend these changes. Lastly, a detailed list of the.proposed Charter amendments in Measure No. 2 is below for reference only. This will not be included in the ballot. Charter Amendment No. 2 • #. Section Section Title Proposed Amendment 1 806 . Display of Flags City would be limited to flying certain flags on its (new). properties: American flag,. POW/MIA' flag, State of California, County of Orange flag, City of Huntington Beach flag, flags of six branches of military, and Olympic flag preceding and following Summer Olympic Games. The City may fly additional flags if authorized by unanimous vote of the City Council.. CHARTER AMENDMENT- MEASURE NO. 3: Proposed Ballot Language for Consideration (max 75 words): Shall'proposed Charter Amendment No. 3 to: commencing in 2026, require the. City to adopt a two-year budget; update the procedures to cancel a YES regular'City Council meeting; update the process to fill a City Council vacancy;and amend outdated phrases, syntax, dates, pronouns, and titles be approved? NO A redlined Charter with these proposed amendments will be attached to the ballot measure language (see.Attachment 5) to help voters visualize and better comprehend these changes. Lastly, a detailed list of the proposed Charter amendments in Measure No. 3 is below for reference only. This will not be included in the ballot. Charter Amendment No:3 # Section Section Title . Proposed Amendment Update the initial election years for elected officials (currently 1966 and 1968) to be more contemporary City Council, Attorney, (2022 and 2024). Replace the outdated phrase 1 300 Clerk and Treasurer "casting lots"with the commonly used phrase "random Terms drawing process" and establish a clearer process and timeframe to resolve ties in voting for elected positions. Add a provision allowing the City Council to cancel a regularly scheduled meeting when needed, and holding a minimum of one meeting per month. 2 303 Meetings and Locations . Syntax adjustments to clarify the process of adjourning City Council meetings. Replace the word "he"with "the Mayor". Replace the outdated phrase "executive sessions" with the commonly used "closed sessions" Quorums, Proceedings Add the use of"current technology" as one of several 3 304(a) and Rules of Order. ways to distribute meeting notices to City Council Quorum. . Members. City Treasurer. PowersReplace "Director of Finance" with the updated title of 4 311(d) and Duties. "Chief Financial Officer' to align with the Organizational Chart. Amend the procedure to fill a Council vacancy by appointment to (1) require at least 4 affirmative Vacancies, Forfeitures Council votes and (2) be filled until the next general 5 312 and Replacement municipal election when the remainder of the term will be filled via citywide vote. Clarify the word "it" with "City Council". City Manager. 6 . 400(d) Composition, Term, Clarify the word "his"with "City Manager's" Eligibility, Removal. 7 401(b). Powers and Duties. Replace budget "annually"with "as required by this Charter" to transition to a biennial budget. Biennial Budget, Replace "Director of Finance" with the updated title of 8 601 Preparation by the City Chief Financial Officer". Manager. Transition from an annual budget to a biennial budget starting in FY2026-2028. Biennial Budget. 9 602 Submission to the City Transition from an annual budget to a biennial budget Council. starting in FY2026-2028. 10 603 Biennial Budget. Public Transition from an annual budget to a biennial budget Hearing. ; starting in FY2026-2028. Biennial Budget. Replace "Director of Finance" with the updated title of 11 604 Further Consideration "Chief Financial Officer". and Adoption. Transition from an annual budget to a biennial budget starting in FY2026-2028. 12 605 Biennial Budget. Transition from an annual budget to a biennial budget Appropriations. starting in FY2026-2028. 13 801 Definitions. Remove 801(e) to espouse gender-neutral language. Require City Council to consider a Charter review at 14 804 Charter Review. least every ten years, starting after the last review conducted by a Committee, Council or staff. Following adoption of the Resolutions, the City will prepare an impartial analysis for each measure and gather arguments and rebuttals. Please note the following timelines for all items to be submitted to the City Clerk's Office, should the Council approve the recommended action tonight: Timeline for Impartial Analysis and Written Arguments City Council Meeting / Call for Due Date for Impartial Analyses Election and Written Arguments Tuesday, October 17, 2023 Wednesday, November 1, 2023 Timeline for Rebuttal Arguments Written Arguments Submitted Due Date for Rebuttals Wednesday, November 1, 2023 Monday, November 13, 2023 If the City Council does not approve the Recommended Action tonight, the final regular meeting date that the City Council can call for an election and submit all required election materials by the ROV's final filing deadlines is November 21, 2023. Environmental Status: Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a project. Strategic Plan Goal: Not applicable. This item is an administrative or operational item. For details, visit www.huntingtonbeachca.gov/strategicplan. Attachment(s): 1. Resolution 2023-42-A Resolution of the City Council of the City of Huntington Beach, California, Calling for the Holding of a Special Municipal Election to be held on Tuesday, March 5, 2024, for the Submission to the Voters Questions Relating to City Charter Amendments 2. Resolution 2023-43-A Resolution of the City Council of the City of Huntington Beach, California, Requesting the Board of Supervisors of the County of Orange to Consolidate a Special Municipal Election to be held on March 5, 2024, with the Statewide Primary Election to be held on the Date Pursuant to § 10403 of the Elections Code 3. Resolution 2023-44-A Resolution of the City Council of the City of Huntington Beach, California, Setting. Priorities for Filing Written Arguments Regarding City Measures and Directing the City Attorney to Prepare Impartial Analyses 4. Resolution 2023-45-A Resolution of the City Council of the City of Huntington Beach, California, Providing for the Filing of Rebuttal Arguments for City Measures Submitted at Municipal Elections 5. Redline of Proposed Charter Amendments for Measures Nos. 1, 2, and 3 6. _PDF version of this report 7. Presentation Revised 10/17/23 Attachment 1 -Reso.2023-042 RESOLUTION NO. 2023-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, CALLING FOR THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 5, 2024, FOR THE SUBMISSION TO THE VOTERS QUESTIONS RELATING TO CITY CHARTER AMENDMENTS. WHEREAS,pursuant to authority provided by the California Constitution, Article XI and the Government Code, Title 4, Division 2, Chapter 2 (commencing at § 34450) and the Election Code Division 9,Chapter 3,Article 3 (commencing at§9255)of the State of California,and under the provisions of the laws relating to Charter cities in the State of California, the City Council desires to hold a Special Municipal Election on March 5, 2024 to submit to the voters three questions relating to City Charter amendments;and WHEREAS,the City Council is authorized and directed by statute to submit the proposed charter amendment(s)to the voters, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of the laws of the State of California relating to Charter Cities, and pursuant to the California Constitution, Article XI and the Government Code,Title 4,Division 2,Chapter 2(commencing at § 34450) and the Election Code Division 9, Chapter 3,Article 3 (commencing at § 9255) of the State of California, there is called and ordered to be held in the City of Huntington Beach, California, on Tuesday, March 5,2024, a Special Municipal Election for the purpose of submitting to the voters the following questions relating to City Charter amendments: RESOLUTION NO. 2023-42 "Shall proposed Charter Amendment No. 1,which provides that commencing in 2026,for all municipal Yes elections,the City may:require Voter ID for elections;provide more in-person voting locations; and monitor ballot drop-boxes,be approved?" No "Shall proposed Charter Amendment No.2,which provides that the only flags to be displayed by the Yes City on City property are the United States Flag, the State of California Flag,the County of Orange Flag,the City of Huntington.Beach Flag,the POW- MIA Flag,the six Armed Forces.Flags,the No Olympic Flag during the Summer Olympic Games, and any other flag if authorized by a unanimous vote of the City.Council,be approved?" "Shall proposed Charter Amendment No. 3 to: commencing in 2026,require the City to adopt a two-year budget;update the procedures to cancel a Yes regular City Council meeting;update the process to fill a City Council vacancy; and amend,outdated phrases,syntax,dates,pronouns,and titles be approved?" No SECTION 2. That the complete text of the Charter Amendments submitted to the voters is attached as Exhibit A. SECTION 3. That the vote requirement for the measures to pass is a majority(50%+1) of the votes cast. SECTION 4. That the ballots to be used at the election shall be in form and content as required by law. SECTION 5. That the City Clerk is authorized,instructed and directed to coordinate with the County of Orange Registrar-Recorder/County Clerk to procure and furnish any and all official ballots,notices,printed matter and all supplies,equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 6. That the polls(vote centers) for the election shall be open at seven o'clock 2 23-13267/320953 . Attachment 1-Reso.2023-042 RESOLUTION NO. 2023-42 a.m. of the day of the election and shall remain open continuously from that time until 8 o'clock p.m. of the same day when the polls (vote centers) shall be closed, pursuant to Election Code § 10242,except as provided in §§.14212, 14401 of the Elections Code of the State of California. SECTION 7. That in all particulars not recited in this resolution,the election shall be held and conducted as provided by law for holding municipal elections. SECTION 8. . That notice of the time and place of holding the election is given and the City Clerk is authorized,instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 9. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. SECTION 10. The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill. 3 23-13267/32095$ Attachment 1-Reso.2023-042 RESOLUTION NO. 2023-42 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of ,2023. Mayor REVIEWED AND APPROVED: APPROVED AS TO FORM: City Manager City Attorney INITIATED AND APPROVED: City Manager 4 23-132671320953 Revised 10/17/23 Attachment 1 -Reso.2023-042 RESOLUTION NO. 2023-42 EXHIBIT A CHARTER AMENDMENT MEASURES PROPOSED ADDITIONS SHOWN AS UNDERLINED PROPOSED DELETIONS SHOWN AS STIT LTHROi H Charter Amendment Measure No. 1 Section 702. PROCEDURE FOR HOLDING ELECTIONS. All elections shall be held in accordance with the provisions of the Elections Code of the State of California, as the same now exists or hereafter may be amended, for the holding of municipal elections, so far as the same are not in conflict with this Charter. In the event of such conflict,the provisions of this Charter shall control and prevail, in accordance with Section 103 of this Charter. Section 705. SPECIAL PROVISIONS RELATING TO MUNICIPAL ELECTIONS As in Section 300,the City Charter shall determine the term of the City's elective officers,the length of term, and the election cycle in which the election for those offices occur for the City's elective officers. (a) Beginning in 2026, for all municipal elections: (1) "Elector" means a person who is a United States citizen 18 years of age or older,and a resident of the City on or before the day of an election. (2)The City may verify the eligibility of Electors by voter identification. (3)The City may provide at least 20 Americans with Disabilities Act compliant voting locations for in-person voting dispersed evenly throughout the City, in addition to any City facility voting locations. (4)The City may monitor ballot drop boxes located within the City for compliance with all applicable laws. Charter Amendment Measure No. 2 SECTION 806. DISPLAY OF FLAGS. Except as otherwise provided herein, the City shall only fly or display at or on any of the City's properties the following flags: the American flag, the POW/MIA flag, the State of California flag, the Huntington Beach City flag,the County of Orange flag, or any of the flags of the six branches of service: the Army,Navy, Air Force, Coast Guard, Marine Corps, and Space Force. During the 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. 5 23-13267/320953 . _ . Attachment 1-Reso..2023-042 . • . . . - - . . . .. • - RESOLUTION NO. 2023-42 . • Charter Amendment Measure No, 3 .Section.300, CITY COUNCIL,ATTORNEY,CLERK AND TREASURER, TERMS.The - elective officers of the City shall consist.of a City Council of seven members,a City Clerk, a . . _ _ City.Treasurer and a city Attorney,•all to be elected from the City at large at the times and in the manner provided in this Charter and•who shall serve for terms of four years and until their . respective successors qualify..Subject.to the provisions of this Charter,the members of the City . Council in office at:the time this Charter takes effect shall continue in office until the expiration • • of their respective terms and until their successors are elected and qualified:,Consistent with the •staggered election process established in the new Charter in 1966 and reaffirmed in 2022, four members of the City Council shall be-elected at the general municipal election held in 4-966 . • . - . -. 2022,and each•fourth"year thereafter. Three members of the City Council shall be elected at the • : • . • : general municipal election held in 4- 2024, and each fourth year thereafter.No person shall be • : . • - elected as:a-Member of the City.Council for more than two consecutive terms and no person who ; has been a rrieinber for more than two years of a term to which some other person was elected a . member shall be elected to the.City Council more than one further consecutive term. Subject to • the provisions of:this Charter,the:City Clerk;City Treasurer.and City:Attorney in office at the : : .time this Charter takes effect shall continue in office until the expiration of their respective terms : - • . . •• . . . . and.the qualification of their.successors..Consistent.with the•staggered election process - established in thenew-Charter in.1966 and reaffirmed in 2022,.a City Clerk arid City Treasurer • . • shall.be elected•at the general municipal election held in 4-96g 2024; and each fourth:year. • - • thereafter,A City Attorney shall be elected in.4-966 2022 and each fourth year thereafter.. • -The•term of each,inember of the City Council,the City Clerk, the City Treasurer and the City Attorney shall commence.on the•firstMOnelay regular City Council meeting.following the • . • certification of the election.Ties in voting among candidates for office shall be settled by .: i ; e -e lets randorii drawing process conducted by the City Managei••during the first regular:. . • :City'Council meeting following the certification. : : . If no candidate meets•the qualifications for-office of the City Clerk, City;Treasurer, or City - Attorney, the City Council shall-fill-that position by appointment until the next municipal.general, • s election in which a qualified candidate is elected. - • . • • . -: . • Section 303.:MEETINGS AND LOCATION. . . . . .(a) , Regular Meetings. The City Council shall hold regular meetings at least twice each : - month;unless.it lacks:a quorum or is canceled by the Mayor or a majority of City.Council, . - Members;at such time as it shall fix by ordinance or.resolution. In no-event shall the-City • :- Council meet less'than once each month..and The City Council.may adjourn ei-re-adjeu n any regular meeting to a date arid hour certain which shall be specified in the order•.of adjournment . - and en-so adjeu ed Each:re-adjourned meeting shall be a regular meeting for all.purposes,If. tl ou to ieh-a-meetigig-is- et d-is-rnot st:ated:n-the-erdei-e€ jeui icnt,sueh rieeting . . shall-be h•eld 4i _. ular eetii}gs-If at any time any regular meeting falls on . a holiday such regularmeeting shall be held on the next business day: • • . : • 6 . .23-13267/320953. Attachment 1-Resb..2023-042 . RESOLUTION NO. 2023-42. (b) Special Meetings. A special meeting May 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 personallyier by_ mail or by current technology.at least.twenty-four hours before the time of such meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be. transacted:No other business shall-be considered at such meeting:If-any-person entitled to such written notice files a written waiver of notice with the City.Clerk, it may be dispensed with:This notice requirement shall be considered fulfilled as to any person who is actually present at the meeting at the time it Convenes. In the event of an emergency affecting the public peace,health or safety, a:special meeting may be called as provided in this section with less than twenty-four hours written notice by the Mayor Pro Tern in the Mayor's absence or by any member of-the City Council in the absence of both.the Mayor and Mayor Pro.Tern provided that the nature of the emergency is set forth in the minutes of the meeting. (c). Place of Meetings. All regular meetings shall be held:in the Council Chambers of the :Cif*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:CityCouncil meetings,no person shall be denied the rightto be heaid by the City Council:: . . . . . (e) Dissemination of Information:The City Council shall adopt rules to ensure thorough, and timely dissemination of information via current technology by resolution. Section 304. QUORUMS,PROCEEDINGS AND RULES OF ORDER. (a) Quorum,A majority of the members of the City Council shall constitute a quorum to do. business:but a lesser number may:adjourn:from time to time. In the absence of all the members. . of the City Council from any regular meeting or adjourned regular meeting,the City Clerk may declare the:same adjourned to a stated day and hour:The City Clerk shall cause written notice of a meeting adjourned by less than a quorum of by the City Clerk to be delivered personally,.e}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: • 23-13.267/320953. • • Attachment 1.-Reso.2023-042 RESOLUTION NO..2023-42 Section:311. CITY TREASURER.POWERS AND DUTIES. (d)" . Prepare and submit to the Dir��f Finnce Chief Financial Officer monthly written reports of all receipts,disbursements and fund balances,and shall file copies of such reports with the City Manager and City Council: Section 312. VACANCIES,FORFEITURES AND REPLACEMENT. (a):Vacancies; A vacancy in the City Council or in any other office designated as elective by this Charter, from whatever cause arising, shall be filled by appointment by the City Council: • with at least four affirmative votes: • (b)-Forfeiture. If a member of the City Council is absent from all regular meetings of the. City Council for a period of:thirty consecutive days from and after the:last regular City:Council meeting attended by such member, unless by permission of the City Council expressed in:its : . Official minutes, the office shall become vacant: If an elected.City-officer pleads guilty or no . • contest to Or is convicted of a felony or any crime of moral turpitude; or ceases to be an elector' of the City,:the office shall become vacant: The City Council shall declare the existence of such • vacancy. Any elective officer ofthe City who shall accept or retain any other elective public office; except as provided in this Charter, shall be deemed thereby to have vacated the office under the City Government. (c) Replacement..In the event it the City Council shall fail to fill a vacancy by appointment within sixty days after such office shall become vacant, the City Council shall forthwith cause an election to be held to fill such vacancy for:the remainder of the unexpired term. If the City Council fills the vacancy by appointment; such appointee shall hold office until an election to fill . se 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.deeme d:vacant upon the certification of the general municipal election, and the vacancy shall : be filled in accordance with Sections 312(a) and 312(c).. • Section.400. CITY MANAGER. COMPOSITION,TERM,ELIGIBILITY,REMOVAL. (d) Removal.The City Manager shall not be removed from office during or within a period of ninety days next:succeeding any municipal election at which a member of the City Council is elected.At any other time the City Manager may be removed only at a regular meeting of the City Council and upon the affirmative vote of a majority of the members of the City Council. At least thirty days prior to the effective date of removal,the City Manager shall be furnished with a written notice stating the Council's intentions and, if requested by the.City Manager, the reasons therefor.:Within seven days after receipt of such notice,the City Manager may by written notification to the City Clerk request a public hearing before:the City Council, in which event the Council shall fix a time for a public hearing which shall be held at its regular meeting place 8 23-13267/320953_. Attachment 1.-Reso..2023-042 I - RESOLUTION N0. 2023. 42. . before the expiration of the thirty-dayperiod above referred to. The City.Manager shall appear and be heard at such Bearing:After furnishing the City Managei with.written notice of the intended removal, the City Council may suspend the City Manager front 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 arid its action:shall be:final and shall not depend upon any particular showing or degree of proof at the heating; the purpose of : which is.to-allow the City Council and the.City Manager to present to each other.and to the • public all pertinent facts prior to the final.action of removal. Section 401. POWERS AND DUTIES. (b) Prepare the budget annually as.required by this Charter,submit it to the City Council, and : be responsible for its administration:upon adoption. • Section 601: BIENNIAL ANNUAL BUDGET, PREPARATION BY.THE CITY MANAGER. •At such date as the City Manager shall determine,each board or commission and each department head shall furnish to the City Manager,personally, or through the.Director hire Chief Financial Officer, estimates of the department's,board's or commission's revenue_ : and expenditures for the ensuing two fiscal years; detailed in such manner as may be prescribed by the City Manager, In preparing the proposedbudget,: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 6.02..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 Ieast fifteen days prior to the beginning of each . even numbereditscal year arid 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 .. . . . 9 • 23-13267/320953. . : . Attachment 1-Reso..2023,042 . : . . . . . RESOLUTION NO. 2023-42 . • 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 yeai§...Copies thereof;certified by the City Clerk,shall be . • . . . . • filed with the.City_Manager,Direeter-eflinianee Chief Financial Officer, City Treasurer and the . ' . . •. • peison retained by the City Council to perform the post audit function;and•a further copy shall • • . -. . be placed, and shall 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.: ,- r - • -• - - •.Section.60$.BIENNIAL:ANNUAL BUDGET APPROPRIATIONS. • : : . • . • . i • 'From the effective date of the`Midget,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-encuinbered. - . : . - ... - •• . . . : At any:public meeting after.the adoption of the budget,the City Council may amend or • .• . supplement the budget by rnotion.adopted.by the affirmative vote of at least a inajority•of the. . • - .total members•of the City Council.•. : - Section 801. DEFINITIONS. Unless the'provisions or the context otherwise requires,:as used in • this Charter: . (a) "Shall" is mandatory,and "May" is permissive.- • • • • • . (b) "C• ity" is the City of Huntington.Beach-and"department," "board," "commission; , : -. . agency, officer,. •oi "employee" is a.departrnent,board, commission, agency, officer or . ' emplo;yee,as the case may be, of the City of HuntingtonBeach: . : - : • (c): "County":is:the County of:Orange.: -. ..- (d).. : "State' is-the.State:of California.. . . . . . . . . . • . . . . . • : hc:T masc l e-Ineludes-tlie-€eminme=aim-the=ono= eludes- taseulit . - (f-ej• The singular includes the plural and the plural the singular. :- •E •- : • • • • - •(g 0. '-'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 fecent formal Charter review conducted by a . • Charter Revision.Commission City Council, or City staff. 10 . 23-132671320953. • ' . Revised 10/17/23 Attachment 2-Reso.2023-043 RESOLUTION NO, 2023-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD ON MARCH 5, 2024, WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD ON THE DATE PURSUANT TO § 10403 OF THE ELECTIONS CODE. WHEREAS, the City Council of the City of Huntington Beach called a Special Municipal Election to be held on March 5, 2024, for the purpose of submitting to the voters questions relating to amending the City Charter; and WHEREAS, it is desirable that the Special Municipal Election be consolidated with the Statewide Primary Election to be held on the same date and that within the City, polling places (vote centers) and election officers of the two elections be the same, and that the county election department of the County of Orange canvass the returns of the Special Municipal Election and that the election be held in all respects as if there were only one election; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DOES RESOLVE,DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of§ 10403 of the Elections Code, the Board of Supervisors of the County of Orange is hereby requested to consent and agree to the consolidation of a Special Municipal Election for the purpose of submitting to the voters three questions relating to amending the City Charter,with the Statewide Primary Election on Tuesday, March 5,2024,and SECTION 2. That the measures are to appear on the ballot as follows: Attachment 2.-Reso:2023-043' RESOLUTION NO.2023-43 "Shall proposed Charter Amendment No. 1, which provides that • commencing in 2026,for all municipal elections, the City may Yes require Voter ID for .elections; provide more in-person voting locations; and monitor ballot drop-boxes, be approved?" No "Shall proposed Charter Amendment No, 2, which provides that Yes the only flags to be displayed by the City on City property are . the United States Flag, The State of California.flag,the County of Orange Flag,the City of Huntington Beach Flag, the POW- MIA Flag,the six Armed Forces Flags,the Olympic Flag during the Summer Olympic Games,and any other flag if authorized by a unanimous vote of.the City Council, be approved?" No "Shall proposed Charter Amendment No. 3 to: commencing in 2026,require the City to adopt a two-year budget;update the Yes procedures to cancel a regular City Council meeting;update the process to fill a City Council vacancy; and amend outdated phrases, syntax, dates,pronouns, and titles be approved?" No• SECTION 3. That the proposed complete text of the measures submitted to the voters are attached to this resolution as Exhibit A. SECTION 4. That the vote requirement for the measures to pass is a majority(50%+1) of the votes cast.. • SECTION.5. That the county election department is authorized to canvass the returns of the Special Municipal Election. The election shall be held in all respects as if there were only one election,and only one form of ballot shall be used. The election will be held and conducted in accordance with the provisions of law regulating the statewide or special election. SECTION 6. That the Board of Supervisors is requested to issue instructions to.the county election department to take any and all steps necessary for the holding of the consolidated. election. . . . . 23-13267/320952 Attachment 2.-Reso.2023-043 RESOLUTION NO. 2023-43 SECTION 7. That the City of Huntington Beach recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs. SECTION.$; That the City Clerk is hereby:directed to file a certified copy of this resolution with the Board of Supervisors and the county election department of the County of Orange. SECTION 9. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of ,2023. Mayor REVIEWED AND APPROVED: APPROVED AS TO FORM: City Manager City Attorney INITIATED AND APPROVED: City Manager 3 23-13267/320952 Revised 10/17/23 Attachment 2-Reso.2023-043 RESOLUTION NO. 2023-43 EXHIBIT A CHARTER AMENDMENT MEASURES PROPOSED ADDITIONS SHOWN AS UNDERLINED PROPOSED DELETIONS SHOWN AS S T�THROUGH Charter Amendment Measure No. 1 Section 702.PROCEDURE FOR HOLDING ELECTIONS. All elections shall be held in accordance with the provisions of the Elections Code of the State of California, as the same now exists or hereafter may be amended, for the holding of municipal elections, so far as the same are not in conflict with this Charter. In the event of 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 ngth of term,and the election cycle in which the election for those offices occur for the City's elective officers. La) Beginning in 2026,for all municipal elections: (1)`Elector"means a person who is a United States citizen 18 years of age of older, and a resident of the City on or before the day of an election. (2)The City may verify the eligibility of Electors by voter identification. (3)The City may_provide at least 20 Americans with Disabilities Act compliant voting locations for in-person voting dispersed evenly throughout the City, in addition to any City facility voting locations. (4)The City may monitor ballot drop boxes located within the City for compliance with all applicable laws. Charter Amendment Measure No. 2 SECTION 806.DISPLAY OF FLAGS. Except as otherwise provided herein, the City shall onlyjy or display at or on any of the City's,pi_operties the following flags: the American flag, the POW/MIA flag, the State of California flag, the Huntington Beach City flag, the County of Orange flagLor any of the flags of the six branches of service: the Army,Navy, Air Force, Coast Guard, Marine Corps, and Space Force. During the Summer Olympic Gaines.the Mayor is authorized to order the display of the official Olympic flags for four weeks prior to the dates of the games, and for up to two weeks thereafter. The City may display any other flag in addition to those already enumerated, but only if authorized by a unanimous vote of all members of the City Council. 4 • 23-13267/320952 . . . . Attachment 2.-Reso;2023-043: • .• . . .: • RESOLUTION NO.2023-43 • • . Charter Amendment MeasureNo. 3 " • .; Section 30.0:CITY COUNCIL, ATTORNEY,CLERIC AND TREASURER: TERMS The .: • • elective officers of"the:City.shall consist of a City Council of seven members; a City clerk,a •City Treasurer-and a City Attorney, all to be elected.from the City at large at the.times and in the • manner provided in.this Charter and who shall serve for terms of four years and until their respective successors.qualify..Subjectto the provisions of this Charter,the members of the City • • • - - Council in office at the time.this.Chartertakes effect shall continue in office until the expiration • . . •of their respective terms and until their successors are elected and qualified. Consistent with the - staggeied election process established in the new Charter:in 1966 and reaffirmed in 2022;four .. • members of the City Council shall be elected at the general municipal election held in •" • 2022,•and each fourth year thereafter::Three members of the•City Council shall be elected at the • : • general municipal election held iri•-1-968.2024,and each fourth year thereafter.No person shall be elected.as a member of the City Council for more than two consecutive ternis:and ndperson who has been a rneinber for more than two years of a term to which some other person:was elected a . member shall be elected.to_the City Council more than one further_ .consecutive.term. Subject to-. . .the:provisions,of this Chaiter,•the City Clerk, City Treasures and City Attorney in office'at the . 1 :time this Charter takes:effect shall continue in office until the"expiration.of;their respective terms : • and the qualification of their successors. Consistent with the staggered election process established in the new Charter in 1966 and reaffirmed in 2022.,a City Clerk and-City Treasurer • - . • shall be elected at the general municipal election held in 4-964 2024;and each fourth:year. thereafter.A.City Attoiney•shall be elected in6(2022,and each fourth year thereafter. The team of each member-of the City Council,the City.Clerk, the City Treasurer and the.City • " Attorney shall commence.on.the first-Menday.r ular-City Council meeting following the : • •certification of the election: Ties in voting among candidates for office shall be settled by the eastrng-e-Plets random drawing:,grocess conducted by:the City Manager r' the fitSt:regular: •• • . • : • City Council meeting-following the certification. If no candidate meets"the qualifications.for office of the City Clerk,City Treasurer, or City Attorney,the City.Council shall fill that position byappointment until the next.municipal general " election in which a qualified candidate is.elected. : : : . . Section 303.MEETINGS AND LOCATION.: . . . . : . (a)" • Regular Meetings..The City Council shall bold regular meetings at least twice each .• . 1 • -Month,:unless it lacks ia'quorum'or is canceled by the Mayor•oi•a injjority 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."arr4 The CityCouncil may adjourn er-re-adjeuin any regular meeting to•a date and hour certain which shall.be specified in the or:der.of adjourmizent - -atid-when-se•adjeut d Each rP-adjourned meeting shall be a regular meeting thrall pitrpOses. If . the-hear 4e 3e-h-a• eting-is-adjeufned-is-net-stated-in4he ei adjei rnment, suek-meetnig . • }-be--hele-titthe-heuF. -hekl}ng- tar-meetings-If at'any time any regular meeting falls on : .• •a holidaysuch regular meeting shall be held on the next business day. - s • • • 5. • 23-13267/320952• •. Attachment 2-Reso:2023-043 RESOLUTION NO.2023-43 (b) Special Meetings. A special meeting may be called at any time by the Mayor, or by a majority of the members of the City-Council,.by written notice or current technology to each member of the.City Council and to each local newspaper of general circulation,radio or television station requesting notice in writing.Such notice must be delivered personally,er 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 a 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 Terri 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*get forthin 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 fue, flood or other;emergency,it shall be unsafe to meet in the place designated, the meetings may be held for the duration of the emergency at such place within the City as is designated by the Mayor,.or, if he the Mayor should fail to act; by a majority of the members of the City Council. (d) Open Meetings: All regular and special meetings of the City Council shall be open and public, and all persons shall be permitted to attend:such Meetings,except that the provisions of this section shall not apply to executive closed.sessions:Subject to the rules governing the conduct of:City Council meetings,no'person shall be denied the right:to be heard by the City Council.: (e) Dissemination of Information: The City Council shall adopt rules to ensure thorough and timely dissemination of information via current technology by resolution: Section 304..QUORUMS,PROCEEDINGS AND RULES OF ORDER. (a) Quorum. A majority of the members of the.City Council shall constitute a quorum to do - business but a lesser number may adjourn from time to time. In the absence of all the members of the.City Council from any regular meeting or adjourned regular meeting, the City Clerk may declare the same adjourned to a stated day and hour. The City Clerk shall cause written notice of - a meeting adjourned by less than a quorum or by the City Clerk to be delivered personally)er by mail or by current technology to each Council member at least twenty-four hours before the time to which the meeting is adjourned, or such notice may be dispensed with in the same manner as specified in this Charter for dispensing with notice of special meetings of the City Council. 6. 23-13267/320952 • • . .. . • .• .. . :-. Attachment 2.-Reso.2023-043: • : .. . . •. .. RESOLUTION NO. 2023-43 . . . .Section 311.CITY TREASURER. POWERS AND DUTIES. . . .. • : .. ,:. (d). :.. .Prepaie,and.submit.to the ei•-of-Finance Chief Financial Officer monthlywritten. : , - . reports of all receipts., disbursements.and fund.balances, and shall file copies of such reports with . the City Manager and City Council. : • • - • : - . . . • Section 312..VACANCIES,•FORFEITURES AND•REPLACEMENT. • . • • . (a)Vacancies:A vacancy in the City Council of in any;othei•office designated as elective-by - this Charter; from whatever cause arising, shall be filled by appointment by the City Council with at least four affirmative votes: • -' ' : . ' . . . (b) Forfeiture. If a member of the City:Council is absent from-all regular meetings of the .• City Council for a period of thirty consecutive days from and after the last regular City.Council . . • . Meeting attended by such member,unless by permission of the City Council expressed in its . . . official Minutes;the offce.shall become vacant: If an elected City officer pleads.guilty of no . . • : . . contest to:or:is convicted of a felony or.any.crime of moral turpitude,of ceases,to be an,eiector , • 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 oi:retain any other elective.public: : office,-except as provided:in this Charter,shall be deemed thereby to have vacated the office • • -. - undei-the•City'Government: - . . . (c) Replacement: In the.event it the City Council shall fail to fill a vacancy by appointment. •within sixty days aftei-such office shall become vacant, the City Council shall for�thwith.cause an: election to.:be eheld to fill such vacancy for the remainder of f the unexpired tenn..If the City - - Council'flls the vacancy by appointment, such appointee shall-hold office until an election to fill - . •the remainder_of the unexpired tel .the next.general municipal election.Should the • ' . appointment occur after the filing deadline for the next general municipal election, the seat shall . - . be,deemed.vacant upon the certification of the general municipal election, and.the vacancy shall . . be filled in accordance with Sections 312(a) and 312(c). . . • -.. . Section 4:00.:CITY MANAGER. COMPOSITION,TERM,ELIGIBILITY,:REMOVAL.. . • • (d) Removal.The CityManager 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 .Ts. i , therefor, Within seven days:after receipt of such notice, the City Manager may by written : notification to the City Clerk-request a public heating before the City Council,in which event the -Council shall.fx a time for a public hearing which shall be held at its iegular: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 . . • . .23-1-3267/320952 . Attachment 2-Reso:2023-043: RESOLUTION NO: 2023-43 • intended,removal,the.City Council may suspend the City Manager from duty, but his the City Manager's;compensation shall continue until iemoval 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'de end u on an articular showing'or de degree of proof at the hearing,the' purpose of. P p Y p g P g� p p Which.is to allow the City Council and the City Manager to present•to each other and to the public all.pertinent facts prior to the final action of removal. • .Section 401. POWERS AND DUTIES: (b) Prepare the budget annually as required by this Charter,.submit it to the City:Council,and be responsible for its administration upon adoption. Section 601. BIENNIAL ANNUAL BUDGET, PREPARATION BY THE CITY MANAGER: At such date as the City Manager shall determine,each board or commission and each department head shall furnish to the City Manager, personally, or through the Deref Finance Chief Financial Officer, estimates of the department's,board's or commission's revenue 1. 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.membeis of.the Council. Upon final adoption,the budget shall 8. 23-1.3267/320952 Attachment 2=Reso.2023-043: . RESOLUTION NO. 2023-43 • be in effect for the.ensuing two:fiscal years: thereof, certified.by the City Clerk,shall.be . . • .filed with,the City Manager;.Direeter.of'Finanee Chief Financial Officer, City Treasurer and the . • person retained by the City Council to perform the:post audit function, and a further copy shall :be Placed, and shall remain 6n_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 theeffective date of the budget,the several amounts stated therein as proposed • expenditures shall be and become appropriated to the several departments,offices arid agencies.. • • 'Or the respective_objects and purposes:therein named;provided, however, that the City Manager • • • • • may transfer funds from one object or purpose to anothei within the same department,.office or: agency. All appropriations shall lapse at the end of the second fiscal year to the extent that they. . : • . shall:not have been expended or lawfully encumbered: - • At any public meeting after the adoption of the budget,the City Council may amend or . : • : • supplement the budget by motion•adopted by the affirmative vote of at least:a majority.of the : total members of the City Council Section 811. 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: • : I I (c) ."County" is the County of Orange.: • (d) . "State" is the State of California. • . (e) The--masque- ielucles-the-feminine-anc4,tke--feminine-includes-the- c . . • •.(f=e) The singular includes.the plural and the•plural the singular. . 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_ • 9 . ".23-13.267/320952 Revised 10/17/23 Attachment 3-Reso.2023-044 RESOLUTION NO. 2023-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING CITY MEASURES AND DIRECTING THE CITY ATTORNEY TO PREPARE IMPARTIAL ANALYSES WHEREAS, a Special Municipal Election is to be held in the City of Huntington Beach, California, on March 5, 2024, at which there will be submitted to the voters three ballot measures related to amendments to the City Charter; and The City Council wishes to authorize arguments in favor of and in opposition to these measures and authorize the preparation of impartial analyses of these measures, NOW, THEREFORE, the City Council of the City of Huntington Beach, California, does hereby resolve, declare, determine and order as follows: SECTION 1. That with respect to the measure entitled: "Shall proposed Charter Amendment No. 1,which provides that commencing in 2026,for all municipal elections,the City may: require Voter ID for elections;provide more in- YES person voting locations; and monitor ballot drop-boxes, be approved?" NO a. That the City Council authorizes the following member(s) of its body: (Councilmember In Favor/Against) (Councilmember In Favor/Against) (Councilmember In Favor/Against) (Councilmember In Favor/Against) (Councilmember In Favor/Against) . Attachment 3-Reso.2023-044 • RESOLUTION NO, 2023-44 to file a written.argument not exceeding 3Q0 words regarding the City measure as specified.above, accompanied by the printed name(s)and signature(s)of the author(s) submitting it, in accordance with. Article 4, Chapter 3, Division 9 of the Elections Code of the State of California. The arguments may be changed or withdrawn until and including the date fixed by the City Clerk after which•no arguments for or against the City measure may be submitted to the City Clerk. Said • argument to be accompanied.by the printed name(s) and signature(s) of the authors(s) submitting •it,or if submitted on behalf of an organization,the name of the organization,and the printed name • • and signature of at least one of its principal officers. • SECTION 2: That the City -Council directs the City Clerk to transmit a copy of the Measure to the City Attorney. . a. • The City Attorney shall prepare an impartial analysis of the Measure notexceeding 500 worda showing the effect of the Measure on the existing law and the operation of the Measure, • If the measure affects•the organization or salaries of the office of:the City Attorney, the City Attorney shall have outside counsel prepare the impartial analysis. b: - The analysis shall include a statement indicating whether the measure was placed on the ballot by a petition signed by the requisite number of voters or by the governing body of the city. .c. , In the event the entire text of the measure is not printed•on the,ballot, nor in the voter information portion of the voter information guide,there shall be printed immediately below the impartial analysis, in no less than 10-point type, the following: "The above statement is an • .impartial analysis of.Charter Amendment Measure 1. If you desire a copy of the Measure, please call the election official's office at 714-536-5405 and a copy will be emailed at no cost to you:" d. •• .The impartial analysis shall be filed by the date set by the City Cleric for the filing • 23-13267/320954 Attachment 3-Rest):2023-044 . . RESOLUTION NO. 2023-44 • of primary.arguments.; SECTION 3. That with respect to the measure entitled; • "Shall proposed Charter.Amendment No• 2,which provides that the only flags_to be displayed by the City on City property YES are the United States Flag,the State:of California Flag, the • County of Orange Flag, the City of Huntington Beach Flag, the POW-MIA Flag,the six Armed Forces Flags, the Olympic Flag during the Summer Olympic Games, and any other flag if authorized by a.unanimous vote of the City Council,be No approved?" a.: That the City Council authorizes the followingmember(s) of its body; (Councilmember In Favor/Against). (Councilniember In Favor/Against). (Councihriember In Favor/Against): (CouncilmemberIn Favor/Against) u i i in(Co ncilmei ibe•In Favor/Against). st) to file a written argument not exceeding 300 words regarding the City measure as specified above, accompanied by the printed name(s):and signature(s) of the author(s) submitting it, in accordance with :Article 4, Chapter 3, Division 9 of the: Elections Code of'the State of California: The:. arguments may be changed or withdrawn until and including the date fixed by the City Clerk after which no arguments for or against the City measure may be submitted to the City Clerk. Said argument to be accompanied by the printed name(s) and signature(s) of the authors(s) submitting it,or if submitted on behalf of an organization,the name of the organization,and the printed name and signature of at least one of its_principal officers: SECTION 4. .That the City Council directs the City Clerk to transmit a copy of the: Measure:to.the City.Attorney: a. The City Attorney shall prepare an impartial analysis of the Measure not exceeding. 3 23-13207/320954 Attachment 3-Reso.2023-044. RESOLUTION NO.,2023-44 500`words showing the effect of the Measure onthe,existing law and.the operation of the Measure. If the measure affects the organization.or salaries of the office of the City Attorney, the,City Attorney shall have outside counsel prepare the impartial analysis. b. The,analysis shall include a statement indicating whether the Measure was placed on the ballot by a petition signed by'the requisite number of voters or by the governing body.of the city. c, In the event the entire text of the measure is not printed on the ballot, nor in the votes information,portion of the voter information guide,there shall be printed immediately below the impartial analysis, in no less than 10-point`type,;'the following;:"The above statement is.an impartial analysis of Charter Amendment Measure 2. If you desire:a copy of the Measure, please call the election official's office at 714-536-5405 and a copy will be emailed at no cost to you. d: The impartial analysis shall be filed by the date set,by the City Clerk:for the filing of primary arguments. SECTION 5 That with respect to the measure.entitled::. "Shall proposed Chartei Amendment No 3 to:. YES commencing in 2026,require the City to adopt a two. year'budget;update the procedures to cancel a regular City Council meeting; update the piocess to fill a City Council vacancy;and amend outdated phrases, syntax,dates,pronouns, and titles be,approved?" NO 4: 23-13267/320954 Attachment 3-Reso.2023-044 RESOLUTION NO. 2023-44 a. That the.City Council authorizes the following member(s) of its body: (Council member In Favor/Against) (Councilmember In Favor/Against) (Councilmember In Favor/Against) (Councilmember In Favor/Against) (Councilmember In Favor/Against) to file a written argument not exceeding 300 words regarding the City measure as specified above, accompanied by the printed name(s) and signature(s) of the author(s).submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California. The arguments may be changed or withdrawn until and including the date fixed by the City Clerk after which no arguments for or against the City measure may be submitted to the City Clerk. Said argument to be accompanied by the printed name(s) and signature(s) of the authors(s) submitting it,or if submitted on behalf of an organization,the name of the organization,and the printed name and signature of at least one of its principal officers. SECTION 6. That the City Council directs the City Clerk to transmit a copy of the Measure to the City Attorney: a. The City Attorney shall prepare an impartial analysis of the Measure not exceeding 500.words showing the effect of the Measure on the existing law and the operation of the Measure. If the measure affects the organization or salaries of the office of the City Attorney,the City Attorney shall have outside counsel prepare the impartial analysis. b. The analysis shall include a statement indicating whether the measure was placed on the ballot by a petition signed by the requisite number of voters or by the governing body of the city. c. In:the event the entire text of the measure is not printed on the ballot, nor in the voter information portion of the voter information guide,there shall be printed immediately below 5 23-13267/320954 Attachment 3-Reso.2023-044 RESOLUTION NO. 2023-44 the impartial analysis, in no less than 10-point type, the following: "The above statement is an impartial analysis of Charter Amendment Measure 3. If you desire a copy of the Measure, please call the election official's office at 714-536-5405 and a copy will be emailed at no cost to you." d. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. SECTION 7. That the City Cleric shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of ,2023. Mayor REVIEWED.AND APPROVED: APPROVED AS TO FORM: City Manager A.-City Attorney INITIATED AND APPROVED: City Manager 6 23-13267/320954 Attachment 3-Reso.2023-044 ARGUMENTS FORM OF STATEMENT TO BE FILED BY AUTHORS OF ARGUMENTS All arguments concerning measures filed pursuant to 'Division 9, Chapter 3 (beginning with§9200)of the Elections Code shall be accompanied by the following form statement to be signed by each proponent,and by each author, if different,of the argument: •1 The: undersigned proponent (s) or author(s) of the. (primary/rebuttal) argument (in favor of/against) ballot proposition (name or number) at the (title of election) election for the (jurisdiction) to be held on . , 20 hereby state that the argument is true and correct to the best of (his/her/their) knowledge and belief. Print Name Signature Title (If applicable):Submitted on behalf of Date (name of organization) - Print Name Signature Title (If applicable):Submitted on behalf of: Date (name of organization) Print Name Signature Title (If applicable):Submitted on behalf of: Date (name of organization) Print Name Signature Title (If applicable):Submitted on behalf of: - Date (name of organization) Print:Name Signature Title (If appiicable):Submitted-on behalf of: '. Date . (name of organization) Attachment 3-Reso.2023-044 All Authors must print his/her name and sign this form (EC 960Q) AND Print his/her name and sign the Argument itself (EC 9283) AND Print his/her name and sign the Rebuttal Argument itself (EC 9285) Further, pursuant to Election Code§ 9282,printed arguments submitted to the voters shall be titled either"Argument In Favor Of Measure_"or"Argument Against Measure_". Likewise,printed rebuttal arguments submitted pursuant to Election Code§9285 shall be titled either"Rebuttal To Argument in Favor Of Measure_"or"Rebuttal to Argument Against Measure_' §9200, 9282, 9283, 9285, 9800E.C. Statement of Authors of Arguments §:9600,E.C.:and(Steven Vargas v.:Cheryl Baiz and City of Brea;Revised 10/2009) F-A-1 Revised 10/17/23 IOW l'a -T1NG — •••••••.• 04/ ••• •• r_, P O RA 7- •••• \ ____ ___ _ . Charter Amendment .____ __ „, , , „,,,,,;", % c-) , ., , ,. . . ... ......____ . -7 Ballot Measures _-_ _ _� • October 17 , 2023 - � ; • IN 'es 0 *.•' to A 0 •ea 17, 1 g 09 , •• III.O ••• • •••• ••• \ O JUNTNc P / • Consider 3 proposed amendments for March 2024 ballot • Examine language and exhibits • Adopt 4 Resolutions • 2023-042 — Call for Special Municipal Election • 2023-043 — Request the County Board of Supervisors consolidate special municipal election with Statewide Primary • 2023-043 — Priorities for filing written arguments and impartial analysis • 2023-044 — Filing of rebuttal arguments • Appropriate Funding • $459,628 from General Funds ��� �N71 NGr,Y-` • • Dissolve Charter Review Ad Hoc Committee '�=--- _� .17\ 1 COUNTY�P� i Charter Amendment No . 1 YES Shall proposed Charter Amendment No. 1 , which provide that commencing in 2026, for all municipal elections, the City: may require Voter ID for elections; provide more in-person voting locations; and monitor ballot drop boxes, b- approved? NO /5TINGrp7,- c3F �_ x� 1 OQ 11 COUNT' 0;i/0l Charter Amendment No . 2 Shall proposed Charter Amendment No. 2, which provides that the only flags to be displayed by the City on City property YES are the United States Flag, the State of California Flag, the County of Orange Flag, the City of Huntington Beach Flag, the POW-MIA Flag, the six Armed Forces Flags, the Olympic Flag during the Summer Olympic Games, and any other flag if authorized by a unanimous vote of the City NO Council, be approved? Ii��NT I NGT0' \ l _�UNT' CP�i Charter Amendment No . 3 YES Shall proposed Charter Amendment No. 3 to: commencing in 2026, require the City to adopt a two-year budget; update the procedures to cancel a regular City Council meeting; update th- process to fill a City Council vacancy; and amend outdated phrases, syntax, dates, pronouns, and titles be approved? NO IIIIo���NT I NGTp2�F F, j=1 \9�y r=11 `Q I _GUNTY c,P`-,i Moore, Tanta From: David Rynerson <drynerson@earthlink.net> • Sent: Friday, October 13,2023 4:35 PM To: supplementalcomm@surfcity-hb.org Subject Agenda Item 23-871 Council Members— I write to you again,to remind you that both written and oral communications over the last month and a half to two month long process have been overwhelmingly in opposition to the proposed charter amendments. Citizen feedback has been approximately 95%in opposition to both the voter ID amendment,and to the flag amendment. Not only that. Despite Mr.Gate's assurances that the voter ID proposal is legal and supported by case law,we have been advised by not one, but two other attorneys to the contrary. While most attorneys have no issue with a client seeking a second opinion,especially for a high-stakes proposal,it is now clear why Mr.Gates doesn't want council seeking outside legal opinions—he cannot count on attorneys not under his control to come to the same conclusions he does. Point in fact: both the California Attorney General and an ACLU lawyer have come to a very different conclusion than Mr.Gates,concluding that the voter ID amendment is illegal and will result in one or more lawsuits. So,since you are supposed to be fiduciaries of the public's money, let me ask you two pertinent questions: 1. Would in not be more fiscally responsible,should you choose to move forward with these amendments,to place them on the general election ballot,at significantly reduced cost and with greater voter participation? Especially since they would not go into effect until 2026? 2. Given that we now know that the voter ID amendment will face legal challenges if it moves forward, isn't it more fiscally responsible to spend a little money on an outside legal opinion than to ignore the risk of much more expensive litigation and potential penalties? Especially when you already have notice of two attorneys with legal views in opposition the Mr.Gates? Again,why the rush when this also would not go into force until 2026? If you persist with this course of action,we will have no other choice but to conclude that the council majority is actually undemocratic in its behavior, ignoring the will of the people,as well as being fiscally irresponsible. The ball is in your court:Are you going to be democratic or authoritarian? We are watching. David Rynerson 6272 Newbury Dr., HB Sent from Mail for Windows SUPPLEMENTAL .':MUNICATION 10/17/2023 Meeting Wm 19(23-871) Agenda Item No.; 1 Moore, Tania From: Michael McShane <mmcshane@outlook.com> Sent: Friday,October 13, 2023 5:04 PM To: Dan Kalmick;CITY COUNCIL(INCL.CMO STAFF);supplementalcomm@surfcity-hb.org Subject: Re: Book Banning and Voter ID at Tuesday's Council Meeting! As a long time Huntington Beach resident, I felt the need to respond snd offer my two cents: 1. re book banning. Banning books because of content IS government overreach.As a blue spot in a sea of red,isn't that a tenet of republicans? 2. Voter ID is voter suppression. Based on research,the level of supposed fraud that this law will prevent is outweighed by the legal residents who won't be able to vote. 3. Cronyism is rampant in the city council. If the CEO of the airshow sits on a Huntington Beach committee, make sure that individual recuses on all matters re airshow related.We demand to see the full figures of the profits (and not including property tax values) rather than ethereal metrics with guesstimates of profits of said metrics. 4. E-bikes. E-bike regulations are sorely needed. It needs to be against the law for teenagers without licenses and proper insurance to ride on motorized vehicles on taxpayer funded streets. Period. Huntington Beach is a great city.We need to continue to protect against over development, big oil,and preserving native burial grounds. Michael McShane Huntington Beach,Ca 92649 1 Moore, Tania From: Donna Skinner <sisterskinner@gmail.com> Sent Friday, October 13, 2023 5:32 PM To: supplementalcomm@surfcity-hb.org Subject: NO to a Special Election! I am alarmed that a special election is proposed to alter our city charter.The charter does NOT need to be changed.The cost of having such an election is prohibitive and wasteful. I am even more concerned about removing our proven,secure voting system from the management of the Orange County Registrar. NO! Don't do this. It is wrong. It is expensive, it makes me distrust you,and it will cause another lawsuit that will cost us even MORE money. Please drop this right-wing agenda that promotes voter suppression and intimidation. HB has no business running its own elections. Donna Skinner Huntington Beach Resident for 44+years Donna Skinner DonnaSkinner.com • Moore, Tania From: Patti Akers <phakers@LIVE.COM> Sent: Friday, October 13, 2023 5:37 PM To: supplementalcomm@surfcity-hb.org Subject: My opinion in advance of the October 17 meeting I am against this process that you are creating which is in effect banning books. What gives a 21 person committee the decision-making power to decide what books are available to HB residents? I am against your expensive and illegal voter ID and suppression. Those pushing this are afraid of what would happen if every legal HB resident votes. The March election is a misuse of our city funds. I will be working to make sure as many HB voters are registered and ready to vote what we believe. You are not listening to your constituents. Patti Akers Sent from Mail for Windows 1 • Moore, Tania From: Levin,Shannon Sent: Friday,October 13, 2023 5:57 PM To: supplementalcomm@surfcity-hb.org Subject: Fwd:Voter ID/Book Banning items Get Outlook for iOS From:James Rodriguez<jamesrodriguez714@gmail.com> Sent:Friday,October 13,2023 5:36:23 PM To:CITY COUNCIL(INCL.CMO STAFF)<city.council@surfcity-hb.org> Subject:Voter ID/Book Banning items Hi CC, As 25 years resident of Huntington Beach, I have not seen such an act of political soapboxing.The items to admend the city's charter are frivolous and CC should be sanctioned. 1.Voter ID is suppression, many case judgements since the 1960s agree ID for voting is suppression.Similar to requirement of IQ tests and literary tests to vote.2. Banning books is censorship.This is communist at its finest. Let me remind CC of the famous cases against Larry flint,that Mr. Flint publications were never censored in the U.S. by reglious institutions and 1st admendmerit rights of the constitution were upheld. Furthermore, Larry Flint said "freedom of the press is not the freedom for your ideas, but the ideas you hate the most". We are wasting resources,time and money,for the political grandstanding of the current CC majority. Do you know of a fellow OneHB team . member who has gone above & beyond? Yw. 444,4, y .! C 11 NITi �:.a 1 Moore, Tania From: Levin, Shannon Sent: Friday,October 13, 2023 5:58 PM To: supplementalcomm@surfcity-hb.org Subject Fwd: Book Banning and Voter ID at Tuesday's Council Meeting! Get Outlook for!OS From: Maneck Bhujwala<mnbhujwala@gmail.com> Sent:Friday,October 13, 2023 535:52 PM To: Dan Kalmick<dan@dankalmick.com> Cc:CITY COUNCIL(INCL.CMO STAFF)<city.council@surfcity-hb.org> Subject: Re: Book Banning and Voter ID at Tuesday's Council Meeting! I agree. with your informed and thoughtful opinion that we should not increase.the tax burden on our city residents by incurrng high costs of half a million dollars in rushing to have special elections n March of 2024. I also agree with you on your concern about Willy Hilly rushing new laws to ban books in libraries.by a limited group of review boards instead of a public vote through the initiative process. I urge the City Council members to reconsider hasty action that will end up hurting City residents in one way or another. Regards, Maneck Bhujwala Resident of Huntington Beach since January 2004. On Fri,Oct 13, 2023 at 4:03 PM Dan Kalmick<danCa dankalmick.com>wrote: View.this email m vour browser n h DAN KALMICK , for Huntington Beach.-- City Cou ncil s d `T z r' want to thank all of you who have been participating in this flawed Charter; Amendment process After our final special meeting last week, three charter s amendments are being proposed for a nearly half million dollar special election in March,ofy2024.'Most of these amendments would go intoeffect`in 2026, so why are we rushing fora primary ballot at massive cost If they're`that v , 1 important, put them on,in November at 10°/a of the cost.-The final vote on these charter amendments-'will be at our meeting this.Tuesday(10/17) at 6pm. This will include".likely illegal VoterlD (suppression) and voter"intimidation;-which will likely"cause HB to run its own municipal elections (at what cost-who knows?), a restrictive flag policy, and:some language clean up and appointment of vacant council positions (effectively Measure L from.2022 that this Council Majority ran against.) g ) The next meeting will alsosee the return of Book Banning. At our study session,.staff.will be`presenting research and some modest recommendations based.on GraceyVan Der Mark's unneeded policy to get involved in library policy You can seestaffs::powerpoint here. But then later on the agenda, MPT Van Der,Mark and the "city attorney" have apparently jumped the gunz(shark?) and brought forward a resolution that ,. `effectively creates a`process to ban books. Read the revised resolution. here (the title has been updated from what originally posted with the agenda.) The request is to have all books that have any sexual content moved to the adult section.:A twenty one (you read that right, 21) person panel will" .review, all proposed or new children's books and other materials-,procured by the City Libraries or City Librarians"that may contain sexual content before the books or terials are placed in the City Libraries..:" and "If recommended books or materials do not meet the'City's community standards of acceptance,.they'may be=rejected bytvote of the;communityparent/guardian review board. It's-poorly drafted and unclear if this committee Will pave the ability to "reject all books or Just"children's" books Is there an appeal yprocess? (unknown) Rejecting a book from our library:shelves is a ban. Let's,be clear, this isn't'. about protecting children; this is big government overreach. What will this "committee of Parent/guardians"find objectionable? The list is likely very long: 2 0 n , E .. ' Copyright©2023 Re=Elect DanrKalmrck to HB City Council FPPC ID#1458520,'Ail rights reserved You are receivmg:this email because you contacted Councilmember Kalmick or are a voter.in Huntington Beach x Our mailing address is t Re Elect Dan`Kalmick to HBCity Council FPPC ID#1458520` d #6 249E Oeean Biv 70 i';; -Long Beach,Ca 90802 Add us`to your address book` - Want to change how you receive these emails? "•21You•can update your preferences orunsubscnbe•from this list; - , � IRTUIT • ice mailchimp f Itk''''' ' it ''' Do you know of a fellow OneHB team member who has gone above & beyond? ; < y f. .„. Lip•,,,....,,,;.0,„-,..16-,..,,-...:-::::.....:„.„:„,,,,,„:„,:„,,,,,,,„,...„„,,,,,..„,.„,„,:,,=„„,:-".„.,•..„:„.,„„,......:„.. - ..:-..,,,,„.::.::••„:;•"„,..,,,.„,,,,„..,„,„,,.,.„„„...„..„.::0„,....„,,...„„,„,„„ . ..... • • • 3 Moore, Tania From: Levin,Shannon Sent: Friday, October 13,2023 5:58 PM To: supplementalcomm@surfcity-hb.org Subject Fwd: Process to choose books for our library and voter suppression Get Outlook for iOS From: Patti Akers<phakers@LIVE.COM> Sent: Friday, October 13,2023 5:32:22 PM To:CITY COUNCIL(INCL.CMO STAFF)<city.council@surfcity-hb.org> Subject: Process to choose books for our library and voter suppression I am against this process that you are creating which is in effect banning books. What gives a 21 person committee the decision-making power to decide what books are available to HB residents? I am against your expensive and illegal voter ID and suppression. The March election is a misuse of our city funds. I will be working to make sure as many HB voters are registered and ready to vote what they believe. You are not listening to your constituents Patti H.Akers Sent from Mail for Windows Do you know of a fellow OneHB team member who has gone above & beyond? Li *P .o '4- 47."x 9,, }} Key 41,0 J i ®..ax° �� � aT R Y VJ4RSd' 1 Moore, Tania From: Levin, Shannon Sent Friday,October 13, 2023 5:58 PM To: supplementalcomm@surfcity-hb.org Subject Fwd: NO Special Election in March 2024 Get Outlook for!OS From: Donna Skinner<sisterskinner@gmail.com> Sent: Friday,October 13,2023 5:30:52 PM To:CITY COUNCIL(INCL.CMO STAFF)<city.council@surfcity-hb.org> Subject: NO Special Election in March 2024 I am alarmed that a special election is proposed to alter our city charter.The charter does NOT need to be changed.The cost of having such an election is prohibitive and wasteful. I am even more concerned about removing our proven,secure voting system from the management of the Orange County Registrar. NO! Don't do this. It is wrong. It is expensive, it makes me distrust you,and it will cause another lawsuit that will cost us even MORE money. Please drop this right-wing agenda that promotes voter suppression and intimidation. HB has no business running its own elections. Donna Skinner Huntington Beach Resident for 44+years DonnaSkinner.com "AZ iv Do you know of a fellow OneHB team . 4. member who has gone above & beyond? ;,.. P. i� , d.1 Moore, Tania From: bbenton955@aol.com Sent: Saturday, October 14, 2023 11:43 AM To: supplementalcomm@surfcity-hb.org Subject: RE: Library and Voting Dear Members of the City Council, I stand totally against the wrong-headed measure regarding the operation and administration of Huntington Beach Public Libraries. The administration of public libraries in California rests in the Library Law and falls under the State of California Department of Education. While the State may grant County governments some responsibilities, the overarching administration rests with the State. A similar problem exists with the Voter ID proposal. The Constitution of the United States of America grants to the States the administration of elections. The State of CA has given specific responsibilities to our County of Orange. As outlined in a recent letter to the City from the Attorney General of the State of California, there is ample case law to inform the City Council that the process of Voting is not their responsibility. Both of these proposals will undoubtedly be challenged in court if passed and submit the taxpayers of Huntington Beach to extreme financial liability. I urge you all to drop these measures immediately. Bonnie Benton 6942 Tucana Drive Huntington Beach, CA 92647 1 Moore, Tania From: Che Chereskin <ceceche78@gmail.com> Sent: Saturday, October 14,2023 11:56 AM To: supplementalcomm@surfcity-hb.org Subject: Re:city council agenda items for 10/17/23 Modification of library policy I have reviewed the PowerPoint prepared by city government staff(I believe)and have no serious objections to it although I think that it is unnecessary. At a time when resources are limited, it seems like a waste of time and money to have two groups doing the same job:the city librarians and the city government staff. In my opinion,the Huntington Beach Library staff already do a great job. I am very proud of our city library system and what it offers. Procurement of books for the library I have also reviewed 2023-41 and strongly object to the proposals therein.Although not stated, I assume that"child" is defined as someone under the age of 12 based upon the PowerPoint discussed above. However,young girls start to menstruate at around age 9(or even younger)and thus, perhaps more than any other group, have a need for information on sexual matters. Likewise boys also have a need for factual material on aspects of sexuality.The proposed restrictions would deprive young people of a reliable source of information on sexuality just when they need it most! They will likely be able to get information from the internet, but anyone can put something on the Internet so information from that source is potentially less accurate. Although it would still be possible to access material through an adult,some young people may not want to involve parents or other adults while they are figuring things out. Changes to City Charter Finally, I believe putting the proposed changes to the city charter to a vote should be postponed until it can be done economically.There is nothing urgent proposed. Furthermore,the legality of requiring specific identification for voting seems to be in question. It seems that this issue should be resolved before putting it before our citizens for a vote. Sincerely, Che Chereskin 1 Moore, Tania From: Betty Kanne <bettykanne@hotmail.com> Sent: Sunday,October 15,2023 7:36 AM To: supplementalcomm@surfcity-hb.org;CITY COUNCIL(INCL.CMO STAFF) Subject: NO to March Ballot; NO to Book Restrictions Council Member, Two requests: NO on the the March ballot initiatives.MOVE these unneeded/undesirable items to the November ballot if you MUST persist in squandering our money by putting these wholly unnecessary Charter changes to public vote. You claim to be"fiscal conservatives".Prove it.Move these items to the more fiscally responsible November General Election.No you won't,because you're terrified to do so,having openly admitting that each item would be soundly defeated by voters in November.This therefore,is a really just a shameful con. Next,and most importantly I address the effort to Ban,Censor,or Restrict Books in our award winning library,the veritable pride of our community! NO.I say vehemently NO to the formation of a 21 person Citizen Committee to seize control of the vetting of library books from the expertly trained,highly educated library science professionals currently employed within our library who are competently tasked with this important responsibility. This is a cynical,flagrant attempt to simply and effectively magnify your tyrannical,ideological boot stamp of your mean spirited agenda.Why and how can you do this!?Well,because you have an unassailable 4/3 majority.You're attempting to leverage and in fact amplify that one sided invincible power by forming an even more entrenched and ideologically rigid 12 to 9 person committee of opinionated members of our community specifically engaged to wage war against each other with an inevitable one-sided outcome. It's interesting to note that each of your pernicious Culture War forays have a decidedly homophobic stench.It's either ban the Pride Flag or ban any book that even remotely alludes to the mere existence of a non-heterosexual world view.Why is this?Please answer this most telling question.We deserve to know the basis to this quite troubling reoccurring bias. I harken back to the times when love,compassion,tolerance and basic human acceptance had a voice in these once respected chambers.But as noted"elections have consequences"and this community has unwittingly prostrated itself to these grim harbingers of hate,division and repression. Stop assailing our community with your insidious agenda of government overreach and repression of the most vulnerable in our community. Let Freedom Read! Submitted by Betty Kanne Huntington Beach (40+year HB resident,homeowner,unfailing voter) bettykanne(ahotmail.conl 1 Moore, Tania From: Linda Law <lindaklaw@aol.com> Sent: Sunday, October 15,2023 9:32 AM To: supplementalcomm@surfcity-hb.org Subject: October 17th Council Meeting Dear Council Members, I do not understand the purpose in creating a whole other level of bureaucracy in the city to review books.The library purchases thousands of books for the children's library every year.Will the review group be reading each of these thousands of books?Why does this group of 21 people get to decide what is appropriate and what is not?Let trained professional librarians and educators make these decisions,as they do every day across the country. I do not understand why Council Member Van Der Mark does not share the titles of the books that she found so objectionable. I sincerely hope that a known holocaust denier and friend of white supremacists would not be involved in the choosing of appropriate books for anyone. As I have written before,there is no evidence of voter fraud that requires the presentation of a voter id or the monitoring of polling places. How much will it cost the City to run its own unnecessary municipal election? Does anyone know? I thought the city had limited funds but now they have the money to run an election and to create a new bureaucracy? Thank you for your time. 1 Moore, Tania From: Pat Thiessen <patthiessen0l @gmail.com> Sent: Sunday,October 15, 2023 2:57 PM To: CITY COUNCIL(INCL.CMO STAFF) Cc: supplementalcomm@surfcity-hb.org Subject: Charter Amendments No, no,no to all Charter amendments. They are simply not needed. They insult librarians who have extensive training by giving power to a committee ! They insult the Orange County Registrar of voters. There have been no problems with voting procedures in Huntington Beach.So why the change?It makes no sense Surely some of you who have been supporting these amendments can see the problems that will be created. This issue has already absorbed way too much of the Council's time and that of the citizens that come out to share their thoughts. Sincerely, Pat Thiessen Huntington Beach 1 Moore, Tania From: Lynne Deakers <lcdeakers@gmail.com> Sent: Sunday,October 15,2023 5:40 PM To: CITY COUNCIL(INCL.CMO STAFF);supplementalcomm@surfcity-hb.org Subject: OPPOSED to proposed Charter amendments I am very concerned at the direction the present city council is taking! • • Requiring voter ID when we have an excellent voting process in place will waste tax dollars much needed for other projects and is an affront to our citizens.We should be encouraging everyone to vote. Our current voting process does this.What you're proposing with voter ID is intimidation and suppression of voters. • The restrictive flag policy you,are proposing is a gesture of discrimination rather than welcoming everyone to our city. • changes regarding council member appointments and other language changes is totally unnecessary and lowering standards that have been carefully laid out for our council to function democratically.. PLEASE DON'T CHANGE THE THINGS THAT ARE MOST IMPORTANT TO OUR REPUTATION AS A WONDERFUL, WELCOMING CITY. Lynne Deakers 40 yr resident of Huntington Beach i Moore, Tania From: Ada Hand <adajhand@gmail.com> Sent: Sunday,October 15, 2023 8:45 PM To: supplementalcomm@surfcity-hb.org Subject: My Opposition to Items on the City Council Agenda of 10/17/23 I am vehemently opposed to placing all the amendments to the City Charter on the spring ballot for the following reasons: • You have no idea how much this will cost the tax payers, but one election and future elections will cost taxpayers many millions. • State law forbids changes to the City Charter to go on the primary ballot.They are limited to the November ballot to ensure that a small turnout does not massively change the City Charter. • You lump three separate items into one ballot measure.This will lead to confusion as to what issues to vote for. Confusing language on ballot measures has caused ballots to be overturned. Don't pay all our money to have it be thrown out. • You campaigned on a platform of no changes to the City Charter and, instead,you propose to massively change the City Charter with only a sham of public opinion.You disbanded the City Charter Commission and instead manned the ad-hoc group with three of the newly elected four members.You never allow participation by the other three members of the City Council. • The State will most likely sue and win against this sham election,especially on Huntington Beach overturning the State Election Guidelines.The lawsuits will cost taxpayers millions. • Our city budget is already strained and you will have to cut costs to important services to make up for the losses mentioned above. • City staff is taking an inordinate number of hours to work on these frivolous lawsuits. • You are obeying the Trump playbook of manufacturing problems that don't exist and then offering remedies that will be challenged in court and stir up animosities in our community. I am also opposed to any change in library policies.As your staff's report shows there have been no challenges and,if there were,there is a vetted policy to address them as Gracie Van Der Maark found out when she lodged a complaint. There is absolutely no need for this intrusion. If you continue acting in this irresponsible manner instead of paying attention to real city issues,such as the Housing Element, I will consider it time to mount a recall. Ada J. Hand,Secretary H.B. Mobile Home Resident Coalition 714-717-1294(cell) adaihand@gmail.com 1 Moore, Tania From: Cecily Gates <cecilygates@gmail.com> Sent Monday, October 16, 2023 5:55 AM To: supplementalcomm@surfcity-hb.org Subject: #19 HB city council Please delay or vote no to new charters. Did you know The taxpayers would save about 90%just by delaying the vote by eight months without even affecting the implementation date!!! You are bankrupting our city.When will this stop.Oh I know. Cecily Gates Sent from my iPhone • Moore, Tania From: Paula Shawa <PShawa@outlook.com> Sent: Monday,October 16,2023 6:37 AM To: supplementalcomm@surfcity-hb.org Subject: No on Agenda Item 19/Charter Amendments/City Council mtg.Oct. 17 No on these proposed amendments.The residents don't want them and have told you as much. Why are you ignoring the residents'feedback? Paula Shawa, HB resident 1 Moore, Tania • From: Carol Daus <caroldaus@gmail.com> Sent Monday,October 16, 2023 8:30 AM To: supplementalcomm@surfcity-hb.org Subject In Opposition to Charter Amendment-Costly Govt Overreach! Good Morning Council Members: I have addressed this topic many times, but I want to make it official that I'm ardently opposed to the Charter Amendments that you want to place on the March ballot. They cost HB taxpayers too much money and you're inflicting government bloat on us.Are you trying to bankrupt the city? You are spending our precious money on non-problems: Voter IDs--there's no election fraud Flag--restricting flags makes HB an unwelcoming city with a poor image In addition,your preposterous library resolution is another costly proposal for a non-problem. The HBPL is revered by HB residents and does not have porn (which will be proven when the ACLU gets involved and utilizes the Miller Test). STOP SPENDING OUR MONEY IN SUCH IMPRUDENT WAYS! YOU WORK FOR US, NOT A POLITICAL AGENDA. (By the way most of the growing opposition to your rulings is coming from independents,not democrats. I advise you to listen to what the community is saying at Council Meetings and in emails. i Moore, Tania From: tarrik and paula Shawa <tpshawa@mac.com> Sent: Monday, October 16, 2023 9:10 AM To: CITY COUNCIL(INCL.CMO STAFF);supplementalcomm@surfcity-hb.org;Casey McKeon Subject: NO on Charter amendment. NO on Book Ban Please vote NO on both of the unnecessary items above. Thank you. Tarrik Shawa • Moore, Tania From: Linda Moon <Isapiro048@gmail.com> Sent Monday, October 16, 2023 9:10 AM To: supplementalcomm@surfcity-hb.org;CITY COUNCIL(INCL.CMO STAFF) Subject: October 17, City Council Agenda Items 19 and 20 I write in opposition to October 17, 2023 City Council Agenda Items 19 and 20 Agenda Item 19, Charter Amendments Amendment #1 As many others have noted, this proposed amendment does not resolve any existing problem with elections. Rushing this matter, at great expense to the primary election ballot, for which a low voter turnout is expected, is intended to further the council majority's goal of voter selection. You know that in the event that measure passes, and voter requirements for city elections are required to differ from those of the state and county, that separate municipal elections will thereafter be required at a cost of millions of dollars. Immeasurable time and resources will be required to establish and operate an independent election infrastructure, protocol, staff and equipment acquisition system. Whatever your opinion regarding Voter ID and ballot box monitoring, it fails to justify reduction of city services and increased taxes on our residents, who have not voiced any significant desire for such changes. Amendment #2 Restricting flags in the charter, to prohibit all but government and service banners, serves only to institutionalize the current council majority's ethos of bigotry, homophobia, and intolerance. Why become the city known for hate? Amendment #3 The proposals to mandate two-year budgets instead of one-year budgets and allowing cancelation of City Council meetings need not be in the Charter. The charter should contain only the foundational principles of city policy and structure. Charter cleanup provisions need not go to the March ballot at greater expense than would be required to put it on the November ballot, when it could be consolidated with the state election at little cost. Agenda Item 20, Library Regulations This is a shocking example of the council majority attempting to impose its own value system and religious tenants upon 200,000 residents who have not requested any change to library protocol. 1 Contrary to what Councilmember Burns has stated, you are not proposing legitimate oversight. This is blatant overreach. It is not about parental control but replacement of parental values with the values of the council majority, who would apparently rather see our children have assault weapons than literary masterpieces. Parents have reasonable control now. You want to replace the learned protocol of master degreed librarians with the uneducated whims of a politically appointed 21 member citizens committee reflecting your own lack of education, training and experience in library science or child development, which will result in the most chaotic realization of book banning. Requiring parental written permission for all patrons under age 18 to access material including any sexual content or reference, including literary classics, will result in caging off half the library. Are you prepared to dedicate professional staff and funds to spend time sex rating library materials and guarding the stacks and computer monitors? You seek not just to ban books from kids but to ban kids from the library. The proposed barring of unaccompanied children up to 12 years old will mean that middle schoolers will not be allowed to access the library with their classmates or access material created for their age range from which they are mature enough to benefit. Our library has been renowned as one of the best in the west for 50 years. It will now be known as a repository of ignorance and hate. You are losing library staff now due to your anti-library pronouncements. Why would they want to stay and tolerate this disrespect and dismantling of their well-functioning systems. Why would any knowledgeable professional wish to work here in the future? We have a professionally staffed library that's the envy of the country, Why would you want to destroy it? Nobody asked for this intrusion into our library system. This is about institutionalizing ignorance, not parental choice. Linda Sapiro Moon, Huntington Beach CA 2 Moore, Tania From: Mary M Nakane <maryn427@me.com> Sent: Monday,October 16, 2023 9:27 AM To: supplementalcomm@surfcity-hb.org Subject RE:Special Election After attending Council meetings, the changes being made to the charter do not reflect what the majority of our community feels is necessary. Dan Kalmick's proposal to table the Charter Amendments seemed reasonable and practical regarding the special election. If these changes don't take effect until 2026,why spend tax payers money with the undetermined costs this election will incur. Please reconsider Dan Kalmick's recommendation about the Special Election. A 50+year resident Mary 1 Moore, Tania From: Sheila Ellis <sheila.ellis78@gmail.com> Sent: Monday, October 16, 2023 9:56 AM To: CITY COUNCIL(INCL.CMO STAFF);supplementalcomm@surfcity-hb.org Subject: RESOLUTION 2023-41 and Proposed Charter Amendments • Hello again - I am writing to voice my objection to proposed Resolution 2023-41. Reading the resolution made my stomach churn. If you deem a book "obscene" or "pornographic," don't read it and you can certainly decide what your children read. You do not have the right to determine what I feel is appropriate reading for my family. This is a public library to include everyone. Our librarians are well educated and trained in knowing which books are appropriate for which age. Parents are also quite capable in determining which.books their children should or should not read. After reviewing the staff PowerPoint, it is clear there are already safeguards in place with the Miller Test and publishers' own strict standards. The library also has in place a procedure to object to a book. If only five books in five years have been challenged in our library, it seems that the council majority is again searching for a problem which does not exist. "If recommended books or materials do not meet the City's community standards of acceptance, they may be rejected by vote of the community parent/guardian review board." It is egregious that someone else has the right to determine what my family and I choose to read. Imposing someone else's beliefs on the entire population is censorship. You are again opening our city up to costly litigation by imposing book bans. Additionally, I find it interesting that the council majority is fine with creating a new review group while canceling other community groups (i.e. human rights, mobile homes). I renew my objections to the proposed charter amendments. Your complete disregard for the majority of HB residents who have made their voices heard on these issues is disgraceful. 1 Sheila Ellis (She/Her) 2 Moore, Tania From: Julie Hampel <julie.hampel4@gmail.com> Sent: Monday, October 16,2023 10:21 AM To: supplementalcomm@surfcity-hb.org Subject: Comments on City Charter; Flags; Public Library • October 16, 2023 Dear Huntington Beach City Council: (Addressed specifically to Strickland, Van Der Mark, Burns,.and McKeon) I am painfully writing again (4th time)to oppose your proposed City Charter Amendments, the Restrictive Flag proposal, and Interference with Public Library Policies. Life is busy and it is absurd to spend precious time on your foolishness. The Council has yet, after months of discussion, to produce a single reason for any of the changes to the City Charter or to Restrict Flags at City Hall. None. Zero. Zip. It is irresponsible of you as elected officials to continue down this path when you have heard from your citizenry that these items are not only unnecessary but are extreme actions which violate Civil Rights. Formally, I oppose: Items 2023-42; 2023-43; 2023-44;2023-45; 23-879 and any Supplemental language to change, alter or otherwise modify, vary, or Clean-up the current Huntington Beach City Charter, the Flags presented at City Hall and policies/processes at the Public Libraries. First, you know there are no problems these proposed changes/Amendments will fix. However, you also know it will cause more problems and more division amongst the citizens of Huntington Beach.Your plan is to have the Citizens fight each other rather than you. Instead, you have shown us who you really are-very un- reelectable. Secondly, flags are symbols of solidarity. Flags work to unite us. By eliminating LBGTQ/Pride Flags, you alienate that part of your Huntington Beach population. More damage is done. The City Council is supposedly apolitical. You and this Proposal are hypocritical when the City Council tent waved the 'Trump'flag during the Air Show. This Proposal is just pathetic and shows us how low you will go to create fear. Thirdly, Public Libraries are for ALL of the public and not just a few. Andrew Carnegie, the father of Public Libraries, would be appalled at your actions against anyone wanting to learn. None of you are Librarians. None. Leave books and reading material to the Librarians.Anyone not liking a library book, periodical or other reading material can choose not to look at it or check it out. Let Parents decide that for their children. Finally: All these changes are to sow chaos and confusion which creates fear and hate. It is the opposite of what a City Council is meant to do. Stop trying to control people's choices. It is a total waste of taxpayer dollars. Instead, start doing your jobs and improving our City instead of getting involved in everyone's private business. It is very unbecoming behavior for anyone but especially an elected Huntington Beach City Council member. Huntington Beach Citizen, Julie Hampel i Moore, Tania From: Mary Martin Jim Aspaas <martinaspaas@yahoo.com> Sent: Monday, October 16, 2023 10:37 AM To: supplementalcomm@surfcity-hb.org;CITY COUNCIL(INCL.CMO STAFF) Subject: Opposition to the three charter amendments on the March 2024 primary ballot I am writing to oppose your proposition to the three charter amendments on the March 2024 primary ballot. I am appalled that you would waste my hard earned taxes on totally unnecessary initiatives. Why are you rushing your poor amendments and will spend 90% more on early ballots when it could be included in the November elections? We have roads that need to be repaired, especially north Newland Ave. I am opposed to Voter ID, which has never been shown to be necessary. You have never given any statistics to the need for this proposal. I attended one of your special council meetings a few weeks ago, and you did not offer any explanations to the many questions and concerns that were raised at that meeting by the vast majority (over 90%) of those of us who spoke. How much is this going to cost me, a retiree on a fixed income, to pay for this immoral proposition? Why are you afraid of flying flags representing minority populations over the city hall? Why did you choose to fly "unauthorized" flags over your AirShow? You are picking and choosing what flags that you want! This is a ridiculous proposition and I am opposed to it. I am opposed the the "Charter Clean Up". If the issues are not delineated as individual voting issues and are massed with multiple issues on a vote, that is unbelievable. It's like voting for two people with one vote and should be illegal. What are you trying to do to this city? Bankrupt us by wasting our money on needless political amendments that are totally political in nature and do not benefit all of us who live here in Huntington • Beach? Mary Martin 17201 Hague Lane Huntington Beach, CA 92647 i Moore, Tania From: K Carroll <kcrissie7@gmail.com> Sent: Monday, October 16, 2023 10:50 AM To: supplementalcomm@surfcity-hb.org Cc: CITY COUNCIL(INCL.CMO STAFF) Subject: City Council Meeting 10/17/2023 Dear Mayor Strictland, Pro Tern Gracey Van Der Mark, Pat Burns,Casey McKeon and others. I support the following items and appreciate your efforts in a majority vote. 23-871: Ballot Measures. Voting system needs integrity.We know that dead people have voted and there has been evidence of vote harvesting.You need an ID for everything of importance.Why not add integrity to our voting system. Many states already do it and I would recommend going a step further with e-verify or fingerprinting i.d. I was just at DMV to get my DL renewed and had my fingerprint taken.Shouldn't everyone want to protect their identity and rights associated with you as an individual.The financial investment is well worth it. If you want to talk about wasted money, let's talk about the Pipeline Purchase and sale,OCPA Scam, Elan JPA..yes,the Council knew about forfeiting over 500 mil in tax dollars.Wow, how the City could have benefitted with those tax dollars! Dan Kalmick, I-9's(required for work authorization) require a photo I.D. No exceptions. Please stand corrected from your previous reference. I might add,that as an HR Director since the law went into effect in 1986 I have seen plenty of fake I.D.'s and Work Authorizations,and that is why I would like to reiterate that e-verify or better yet fingerprinting should be used. I have seen plenty of fake I.D.s, D.L.'s,and work Authorizations and that is why I would like to reiterate that e-verify or fingerprinting should be used. 23-894: Hands down support.Thank you Pro Tern Van Der Mark for bringing this forward. 23-878: Thank you again for bringing this forward Pro Tern Van Der Mark.This is not a book ban We need to protect our kids and parents need to be involved in books being available their minors.This was not in the libraries when my kids were growing up and we went to the library all the time.There is no way that I want my grandkids subject to this or available to other adult authorization availability of this other than the parent.This is a topic all over you tube..the fight is on for the kids safety all over the U.S. Many of these books are pornographic. Even adult porno magazines have protections against distribution to kids. This is a parental right.Government should not making available porno to kids or gender identification,sexual preference without parental consent. With respect,thank you. Kris Carroll 1 Moore, Tania From: Linda Pohl <2travelinpohls@gmail.com> Sent: Monday, October 16,2023 11:38 AM To: supplementalcomm@surfcity-hb.org Subject: Re:Amendments to Huntington Beach City Charter Sent from my iPad >On Oct 16,2023,at 9:38 AM, Linda Pohl<2travelinpohls@gmail.com>wrote: >Please reconsider your efforts to get the amendments placed on the March ballot.The council was voted in to make our City run more efficiently,not to see how much money you can spend on pet projects wasting tax payers money. At least if you wait until the November election you will,not only save the City money, but have a larger turnout which will be to your benefit. Don't forget you were elected with this"flawed"system.When voters actually see how you're wasting their tax dollars they may see you in a different light.Voters quickly forget your exciting promises when it affects their wallets. >As far as the library restrictions are concerned you are solving a problem that isn't there. It may make you look very self righteous sparing our young children the possibility of finding out about their sexuality, however there is something called the INTERNET which you may not be aware of and everyone but a toddler has access to either themselves or a Friend. You may try to live like we're in the 1950's but unfortunately you're deluding yourselves >Linda and Walter Pohl >Sent from my iPad • Moore, Tania From: Betsy Olson <elizabeth.jewison@gmail.com> Sent: Monday, October 16, 2023 11:43 AM To: supplementalcomm@surfcity-hb.org Subject comments Hello, I am a resident of Huntington Beach and am writing to voice concerns over a number of proposed City Charter amendments. My main concern relates to fiscal irresponsibility. My understanding is that the proposals would increase City costs and not provide substantial benefits for residents. I have not heard of any compelling reasons to hold independent elections or to form a committee to review library books. In addition to the lack of justification for these proposals, I have not seen any specific projections of the expected cost, either in dollar amounts or in the anticipated diversion of resources (e.g.,staff time). I am deeply concerned about the neglect in considering the fiscal impact of these proposals,and in the failure to provide cost projections or articulate justifications to the community, i.e.,the council's constituents. I also have a number of other concerns, including the misplacement of priorities.The council should be focused on actions that impact and improve the local community-improving parks,walkways,City services,schools,sidewalks, safety,etc.We live in a beautiful beach community,and the City's resources should be deployed to make the City enjoyable and accessible for its residents.These proposals seem to be reflective of national debates and not local government matters. Further,the proposals seem self-serving for certain city council members, rather than reflective of the needs and priorities of local citizens. In the interests of the City and its residents,the City council should not continue to pursue these Charter amendments- or any related matters/actions.The council should refocus and prioritize agenda items that are focused on improvements to our local community. Thank you in advance for your time in considering my comments. Betsy Olson • Moore, Tania From: Susan Matthewson <sgmatthewson@socal.rr.com> Sent: Monday, October 16, 2023 12:05 PM To: supplementalcomm@surfcity-hb.org Subject: Amendments This is a ridiculous and unconscionable waste of tax payer money.Shame on you! Sent from my iPhone • Moore, Tania From: Douglas Hart <dbhart2001@yahoo.com> Sent: Monday,October 16,2023 12:14 PM To: supplementalcomm@surfcity-hb.org;CITY COUNCIL(INCL.CMO STAFF) Subject: Comments on Book Ban and Proposed City Charter Amendments I am writing concerning the proposed Book Ban and Charter Amendments once again. Fascists ban books. Communists ban books. Religious Theocracies ban books. Democracies don't ban books. Yet the City Council majority seems willing to take the City down those un-American paths with their proposed ban on certain library books. It seems that whatever the four in the majority(and whatever political appointees that they might choose for their review board)deem"offensive"in their political and religious views will override the informed judgements of the City librarians and the parents of Huntington Beach. That is wrong and it is leading the City down a dangerous path. This book ban proposal needs to END NOW! Fascists suppress the vote of the citizens. Communists suppress the vote of the citizens. Religious Theocracies suppress the vote of the citizens. Democracies don't suppress the vote of the citizens. Yet the City Council majority seems willing to take the City down those un-American paths with the proposed Charter amendment on voting. The unneeded and illegal attempt to set up a"Voter ID"system for city voters and a ballot box"monitoring"system is, pure and simple, an attempt to suppress voters that might disagree with the current majority. Since"voter fraud"is a proven fiction in this city,this county,this state, and this country,the majority wants to waste our tax-payer money on unnecessary changes to city elections just to make a political play to the far-right voters who believe the voter fraud lies. This proposal needs to END NOW! VOTE NO ON THE BOOK BAN AND ON THE CHARTER AMENDMENTS!! Douglas Hart 5221 Chadwick Drive Huntington Beach, CA 92649 1 Moore, Tania From: Roz Esposito <imthewizardofroz©yahoo.com> Sent: Monday,October 16, 2023 12:31 PM ' To: supplementalcomm@surfcity-hb.org;CITY COUNCIL(INCL.CMO STAFF) Cc: Bethany IOC48;Jo Ann Arvizu; Lisa Grinnell • Subject OPPOSED to Charter Amendments I, along with thousands of HB residents, have been making statements against ALL proposed charter amendments either by email and in-person. Yet the Council is refusing to listen to the people of HB. I've contacted the CA Attorney General, the U.S. Department of Justice and today, the OC Voter Registrar's office. It is outrageous that four members of this council are attempting to override the residents of HB. But make no mistake, if these changes get voted on, you will be held accountable. Roz Esposito aka Miriam 323-839-7903 "She who can see the invisible can do the impossible."Frank Gaines i Moore, Tania From: Carol Berk <carolberk@gmail.com> Sent: Monday, October 16, 2023 1:13 PM To: CITY COUNCIL(INCL. CMO STAFF) Cc: supplementalcomm@surfcity-hb.org Subject NO ON ITEMS#19&20! Respectfully... HB City Council members and especially the majority members, I strongly urge you to vote NO on Items 19 and 20. I believe that all individuals should have the right to choose the books they themselves will read and the ones they'll make available for their families. We do not need a 21 person panel to make those decisions and mandate them for the general population.You,as individuals, have those rights too,just not to force your decisions on the rest of us! Regarding the charter amendment proposals...once again you are attempting to make completely unnecessary changes that will cost our city a lot of money as well as destroying multiple statements and protocols that have been well stated and working effectively. This is especially true of the election related changes you have proposed. Our elections have been handled efficiently for years by Orange County. There is no indication that there are problems of any kind and certainly suggesting that our city should be taking on any responsibility for election oversight is reckless,costly and short sighted. Clearly this is,once again,a power play on your part and will harm our city on many levels. Again, I hope you will vote NO on both items#19 and 20. Thank you, Carol Berk (A Huntington Beach home owner, resident,and voter for 42 years) 1 Moore, Tania From: Sue Welfringer <Sue@Welfringer.com> Sent Monday,October 16,2023 1:32 PM To: supplementalcomm@surfcity-hb.org Cc: Sue Welfringer Subject Oppose Item#20 Resolution &Oppose Charter Amendments My name is Sue Welfringer,a 26-year resident of Huntington Beach. I oppose Resolution No. 2023-41, brought forth by Mayor Pro-Tern Vandermark. I also oppose the charter reforms as unnecessary and costly. My letter today is specifically about the resolution designed to ultimately restrict what books can be included in our library. I am passionate about the well-being of kids, and equally passionate about the books they read.As a 20+year member of the Society of the Children's Book Writers and Illustrators, I am constantly learning about incredible literature where kids can navigate the complexities of growing up in the safe environment of a good story. I currently teach English Language Arts to 6th-12th graders at a private school in Huntington Beach.So, yes, kids—and books—are great sources of inspiration for me. Daily. Is that also true for you? If you read kid-lit stories as often as the librarians and I do,you would have a better understanding of the positive and meaningful impact these books have. Since you are not in a space of reading and being inspired by these stories, I understand how it is easy for you to form rash opinions about the material, especially when taken out of context. But do you want to live in a world where books are restricted? I have volunteered on the board of the Friends of the Children's Library for over 20 years. Did you know? Not every book is purchased with city funds. In the nineteen years that the FOTCL operated the Taste of Huntington Beach,we gifted over$700,000 to the children's department to help them buy books.We dedicate countless volunteer hours behind the scenes to fill our shelves. Never did we ever have cause to question our professional library staff about their choices. Hopefully,you have learned more about their i processes and can trust our librarians to do their jobs.The steps outlined in this resolution are unnecessary. More than unnecessary.They are dangerous to our first amendment rights. Sadly, I expect this resolution will pass, regardless of sensible and significant opposition. I am curious, though? How does a council eliminate several long-standing community boards and then so quicky add a committee we clearly do not need?This is an insult to our professional staff who live and breathe children's literature. Frankly,the idea of a politically appointed committee deciding what books are acceptable for our collection is scary and wrong. Please respectfully decline your support of this resolution. Pull this from the agenda! I cannot imagine living in a world where books are restricted. Like you, I care about kids. I care a lot: I've been Classroom Mom, Soccer Mom, and Girl Scout Cookie Mom. I subbed at K-8 schools and taught creative writing to kids in after-school programs and through SANDS. I gave hundreds of volunteer hours with PTAs all the way through HS, and after my daughters graduated, I joined the board for Every 15 Minutes,focusing on keeping our kids safe from drinking and driving. All the while, I was working full time in Sales Management at the Waterfront Hilton, Costa Mesa CVB, and as the Manager of the Huntington Beach Downtown Business Improvement District. Maybe you have also volunteered for causes related to kids while managing a family and working full time and, if so,thank you. I know, it's a lot. Please make your own decision based on the significant information you have learned about our book acquisition process. Do not support this resolution. Request that it be pulled. With best regards, Sue Welfringer 2 Moore, Tania From: Jaime Kauffman Palumbo <Jaime@pmdl.me> Sent: Monday,October 16, 2023 1:33 PM To: supplementalcomm@surfcity-hb.org Subject: Comment for City Council Meeting Oct. 17,2023 To Whom It May, We vehemently disagree with the proposed changes to our charter. In relation to the changes to our election process, we see no reason why we need to change anything. Our city is currently part of the OC Registrar of Voters and we have been extremely happy with the ballot and voting process they employ. We are sent our ballots with a secure barcode that is then tracked from the moment our ballot is mailed or submitted. Why would we change anything that could potentially interfere with our city being part of that process? This is a solution in search of a problem to satisfy an agenda of fearmongering and power grabbing. We do not support that in any way. We are also concerned with the proposed changes to our library system. This is a book ban plain and simple and we are frustrated and disappointed that our city would even consider such a fascist move. Our library is already monitored by an organization that uses librarians with master degrees to evaluate and label the material that is in our libraries. How is any system this city council produces going to be a better safeguard than the qualified and educated individuals we already have?The answer is, it's not. We do not want random and unqualified people with who knows what agenda to have control over what our community has access to read. Do not pass these proposals. The community is not with you on these changes. The majority campaigned on no changes to the city charter. Stand by your words or prove yourselves liars. John and Jaime Palumbo 1 Moore, Tania • From: Lisa Swanson <Iisainlb@ymaii.com> Sent Monday, October 16,2023 1:36 PM To: supplementalcomm@surfcity-hb.org;CITY COUNCIL(INCL.CMO STAFF) Subject 10/17/2023 mtg comments Dear City Council, Thank you for your service to our community and I hope you will consider my comments on the 10/17/2023 agenda items below. Item 20 23-879 I strongly urge you to vote NO on this resolution! There are already sufficient controls in place to prevent obscene material from being available to children, and it is a parent's right and responsibility to monitor the materials that a child reads. The staff report from Item 9 23-878 highlights this. I have been a library patron for over 50 years and since my retirement 4 years ago, I have become very familiar with HBPL and joined the Friends of the Huntington Beach Library. Our library system and staff are stellar, and we should be recognizing that not attempting to control or second-guess them. It is not necessary to appoint a 21-person advisory board to review books. It also makes one wonder why the advocates of this resolution think that such a community advisory is needed while many other important community advisory boards were recently discontinued. When my children were young, we visited our local library regularly. My son was an especially avid and gifted reader and could read at an adult level by the time he was 8 years old. He was interested in science and perused anatomy books which would fall under the "sexual content" definition. I'll never forget when he came to me complaining that his pancreas hurt, and I had no idea what a pancreas was (it turned out he had misdiagnosed his symptoms but he did have a hernia). I am proud to say that he is now a successful medical doctor, and I have no doubt that those early visits to our public library played a part. Item 19 23-871 I would like to commend you for holding the series of Special Meetings to provide the public with the opportunity to comment on the charter amendments. It appears that some important changes have resulted. I still object to the need for the charter amendments but respect that some council representatives, the city attorney, and some members of the public view them as a high priority. However I strongly feel that it is fiscally irresponsible to adopt resolutions to put these items on the primary election ballot when it would cost the City far less to put them on the November ballot. Thank for your consideration! Sincerely, Lisa Swanson Southeast Huntington Beach homeowner 1 Moore, Tania From: Elizabeth Steele Basile <elizabeth.steele@gmail.com> Sent: Monday, October 16,2023 1:56 PM To: CITY COUNCIL(INCL.CMO STAFF);supplementalcomm@surfcity-hb.org Subject: No Book Bans at HBPL, No Charter Amendments I am contacting the Huntington Beach City Council in opposition to Agenda Item 20,a misguided resolution disregarding the many voices that have come before me to express outrage over the proposed book ban in our public library,and to OPPOSE ALL charter amendment proposals.This council has lost my trust. For the record, I am a resident of Huntington Beach and a parent in the Huntington Beach Union High School District. I am a library patron. I vote in every election by mail. (BTW,it is great, highly recommend it.) I am also outraged by the actions of this majority council,orchestrated in concert with the city attorney. Aside from the pointed hypocrisy in dismantling existing citizen advisory councils(so eloquently recognized and advocated for—again — by the brave citizens that chose to speak up before me, many of them women and mothers like myself)only to follow it with a proposal the insert a group of handpicked censors into our public library,it is completely unnecessary. As outlined in the LA Times,OC Register and so many other news outlets covering this travesty,our skilled librarians have safeguards in place,a clearly defined review process,and decades of experience serving our community. More importantly,there is no problem with pornography in our library. This is a made up controversy.You are elected officials tasked with public improvements and governance based on the will of the people. Instead we have piles of lawsuits,secret payouts, more lawsuits,a growing housing crisis, real homelessness, inadequate bicycle safety,an adversarial relationship with state government,and so much more (lawsuits,job security anyone?)to worry about than a handful of books one person on council and her pastor don't like. The way a right works is that they have the option to NOT check out those books without fear of retribution.They have the right to stay as ignorant as they please. I am sure,were they to visit one of our public libraries,our talented librarians would be able to direct them to something more appropriate to their tastes.We literally have tens of thousands of books to chose from in the Central Library alone.And two affiliated foundations annually raising funds to purchase new materials,ensuring we always have access to the power of reading in HB. This temporary council majority of zealots presumes to know more than our paid city staff,our dedicated community service workers,the state, health and education experts,and even me as a parent.They are wrong. I am not part of your church and do not share the value of censorship as a means to conformity. I will not support any measure put forward by this city council that marginalizes our most vulnerable community members. I am, however, raising an outstanding human being in Huntington Beach with help from dozens of incredible teachers, librarians and coaches. I contribute to my community,and pay my taxes.We read books. My family does not need nor want your morality to be successful citizens.We believe the proposed book ban is government overreach,that knowledge is power and censorship is un-American. I expect my city council members to work together to move us forward as a united community.To my disappointment, the current majority seems intent on undoing the good work done by past councils(while tearing them down in the process,as if their service is somehow less than what this coalition offers), lining their pockets with a pay raise and increased campaign donations,and cramming anti-LGBTQ+hate down our throats.And let us not forget the DC trip to 1 meet with a failed house speaker(why not our congressional representative?)and a recent presidential campaign event during the— now controversial —airshow. Sadly, I fear my email and the many voices it joins in chorus to stop the MAGA playbook will be ignored by this council majority+city attorney intent on enacting an extreme agenda in our community.An agenda that benefits their political careers. Did y'all catch the shout out our mayor received in Anaheim? I urge my neighbors to get involved and stay involved to make it known that hate is not acceptable as public policy. Many of us have been quietly waiting and watching as one contentious council meeting after another adjourns in the middle of the night,as the minority council members are ignored,censored and rudely dismissed,as citizen after citizen is disregarded despite bravely speaking truth to power-enduring threats and jeers in the process. It is uncivilized and an embarrassment to the City of Huntington Beach. Do better. Elizabeth Steele Mother, HB Resident, Library Patron,Concerned Citizen "If there's one American belief I hold above all others, it's that those who would set themselves up in judgment on matters of what is'right'and what is'best'should be given no rest;that they should have to defend their behavior most stringently.As a nation,we've been through too many fights to preserve our rights of free thought to let them go just because some prude with a highlighter doesn't approve of them." —Stephen King, in his blog • • 2 Moore, Tania From: Jeanne Moore <hbjeannem@gmail.com> Sent: Monday, October 16, 2023 2:23 PM To: supplementalcomm@surfcity-hb.org Subject: Special Election I object to a special election and feel these ballot issues can wait until November of 2024's general election. Jeanne Moore HB Resident Sent from my iPhone 1 Moore, Tania From: Katie Estes <esteskt@gmail.com> Sent: Monday,October 16,2023 2:27 PM To: supplementalcomm@surfcity-hb.org Subject: Book banning and voter suppression To whom it may concern, I am very concerned with the proposed voter suppression amendment. I am concerned that it is going on the March ballot at great cost to the city. I'm concerned that these laws will suppress votes from certain marginalized groups within the city and cause potentially another lawsuit from the state. How many times do you have to spend MY taxpayer dollars on lawsuits because you can't follow the laws of this amazing state? I'm also VERY concerned about the proposed review board for library books.We employ,as a city,trained librarians,they need to be doing their job. Not some random panel that can decide with little to no guidance what is accessible to people at the PUBLIC library.This isn't Nazi Germany. I'm ashamed of our current city council and will be working hard to vote o it all conservative members who are fighting to change our city into a mini Nazi Germany.Stop banning books. It's not for you to decide what's appropriate for someone else. Concerned citizen, Dr Kathleen Estes, PhD 1 Moore, Tania From: along.rewind-0g@icloud.com Sent: Monday, October 16,2023 2:30 PM To: supplementalcomm@surfcity-hb.org Subject Opposition to Item No. 19 23-871 I am opposed to Resolution Nos. 2023-42, 2023-43, 2023-44, and 2023-45 et al. Not that any are likely to change their collectively defined position, please vote no on Item No 19. 23-871. Mark Obert, 60 year resident, independent thinker,voter. i Moore, Tania From: kate healy <kate@jrdb.org> Sent: Monday, October 16, 2023 3:47 PM To: supplementalcomm@surfcity-hb.org;CITY COUNCIL(INCL.CMO STAFF) Subject: City Council Meeting 10/17/2023 Council Members, I am a resident of Huntington Beach and I would like to go on record that I am against tonight's move towards: • Voter ID requirement-this is against California State requirements. • Restrictive Flag Law-the city council should have the ability at the majority approval to allow non-specified flags to fly-for when the Little League wins a championship, or when our Sister City sends ambassadors-the way in which this was brought up and amended so many times, it shows that it isn't about "equalizing"; it's about the LGBTQ flag as the hypocrisy was shown at the Airshow last month with both the English and Canadian flags being flown • Charter Clean-up (effectively Measure L from 2022 that the Council majority ran against-this is such an overreach and bait and switch of what they were elected to do) • The restriction of books in the library- call it whatever you want... it is essentially banning books and I am against it Kate she/her/hers kate@irdb.org 1 Moore, Tania From: Buffie Channel <hbbuffie@gmail.com> Sent: Monday, October 16, 2023 4:17 PM To: CITY COUNCIL(INCL.CMO STAFF);supplementalcomm@surfcity-hb.org Subject: Agenda Items for 10/17/23 meeting Attention Tony Strickland,Gracey Van der Mark,Casey McKeon and Pat Bruns, • This message is directed at YOU. You continue to ignore your constituents.You continue to put your political agenda and political aspirations above the people of this fine city. Agenda Item 19-OPPOSED I am against Agenda Item 19-We have NO IDEA what the cost will be to manage and oversee our own elections,which will be the very likely outcome as the OC Registrar will not legally be able to comply with Voter ID requirements,and other voting mandates that will be attempted by this Council majority. Just placing these 3 items on the ballot has costs estimated between$450,000 and$1,000,000-all paid by the HB tax payers.The City Council FAILED to present any legitimate studies of total costs,logistical plans, legal studies,or proof of any reason to do so by presenting ANY case of voter fraud.You have not presented any estimated fiscal impact to manage the taking over elections locally from the OC Registrar.This will likely cost millions and millions of dollars that is a waste of money considering there iare ZERO election problems.This is just something Tony Strickland wants for his resume to move on from HB to higher office.We are being used. There is also no reason to place these ballot measures on the primary ballot instead of the general election ballot as it. will increase the cost by and estimated $400,000.This is not fiscal responsibility and this is government overreach. 90% of the speakers at the Charter Amendment meetings were against this,yet this City Council majority continues to IGNORE the wishes of the majority of the people. Agenda Item 20-OPPOSE I am vehemently against the banning of books in the Huntington Beach Library system.Creating a committee of people that have no training in library science is ludicrous.We already have a system in place of contacting the library about concerns about books or their placements. Fun fact:there have been ZERO inquiries at this library in 2023.What will be the credentials needed to be on this committee? Friends with Gracey? Member of the Calvary Chapel of the Harbour? No literary background? And will this be ANY mention of SEX? Does this include kissing?And no concerns then about books with violence?Just SEX?You realize this is ridiculous, right? Gracey oranized a BOOK BURNING event in 2017 so don't pretend that this is"not a BAN'when she actually wanted to BURN BOOKS.Will this commitee get a copy of the names of the parents/kids asking to check out the books that will be the questionable list?What kind of privacy will be due to the library patrons?We don't trust you or your commitee "appointees".Will young people be harassed that request to check out these books??. Absolutely NOT! Keep your government hands off the censoring, banning and burning of our books.YOU or your minions don't get to decide what books my kid can read.That is my job. I don't need a committee that is untrained to screen books for me and my family.That is not your job.That is not your right.That is not your mandate. 1 If you REALLY believe in the 1st Amendment,censoring and banning books is the antithesis of being an American. If you do this,we will relentlessly remind you of this and this will be all of your legacies(minus Kalmick, Bolton and Moser of course). Again,you all seem to be inventing a problem to find a soluton so you can go on Newsmax to further your political careers amidst your crazy rabid base. NO on Items 19&20 I NO on your radical blank check spending. No on your ridiiculous book censhorship and banning commitee. No on your government overreach. Sincerely, Buffie Channel 34 year resident Homeowner Business Owner 2 Moore, Tania From: Fikes,Cathy Sent: Monday, October 16,2023 9:35 AM To: Agenda Alerts Subject FW: Process to choose books for our library and voter suppression From: Patti Akers<phakers@LIVE.COM> Sent: Friday,October 13,2023 5:32 PM To:CITY COUNCIL(INCL.CMO STAFF)<city.council@surfcity-hb.org> Subject: Process to choose books for our library and voter suppression I am against this process that you are creating which is in effect banning books. What gives a 21 person committee the decision-making power to decide what books are available to HB residents? I am against your expensive and illegal voter ID and suppression. The March election is a misuse of our city funds. I will be working to make sure as many HB voters are registered and ready to vote what they believe. You are not listening to your constituents Patti H.Akers Sent from Mail for Windows 1 Moore, Tania From: Fikes,Cathy Sent: Monday, October 16, 2023 9:35 AM To: Agenda Alerts Subject: FW: Book Banning and Voter ID at Tuesdays Council Meeting! From: Maneck Bhujwala<mnbhujwala@gmail.com> Sent:Friday,October 13,2023 5:36 PM To: Dan Kalmick<dan@dankalmick.com> Cc:CITY COUNCIL(INCL.CMO STAFF)<city.council@surfcity-hb.org> Subject: Re: Book Banning and Voter ID at Tuesday's Council Meeting! I agree with your informed and thoughtful opinion that we should not increase the tax burden on our city residents by incurring high costs of half a million dollars in rushing to have special elections in March of 2024. I also agree with you on your concern about willy nilly rushing new laws to ban books in libraries.by a limited group of review boards instead of a public vote through the initiative process. I urge the City Council members to reconsider hasty action that will end up hurting City residents in one way or another. Regards, Maneck Bhujwala Resident of Huntington Beach since January 2004. On Fri, Oct 13,2023 at 4:03 PM Dan Kalmick<dan@a,dankalmick.com>wrote: Vtew this email in your browser A 1 • .Y• f want to ,,,thank all of you who have been participating in this flawed Charter AmentlmenfF process After our final special meeting Mast week, three charter amendments are being proposed fora nearly,half million dollar special election in March of 2024. Most of th• ese - `amendments would go inter effect.in 2026, so"why are we rushing for a primary ballot at I massive cost If they're that important, put them on in November at 10%•of the cost The final vote on these charter amendments will;be at our meeting this Tuesday (10117) at.6pm This °,` ill include likely illegal VoterlD (suppression) a• nd voter intimidation -which will• likely cause HBto run its own municipal'elections,(at what cost=.who knows?), a restrictive flag policy, and some language clean up and,'appointment of vacant council.positions (effectively Measure`L from 2022'that;this Council'majonty ran against) The next meeting will'also see the return of Book Banning At our!,,-udy session, staff will be presenting research and.some,modest'recommendations`based on GVracey Van Der Mark's unneeded policy to get involved in library policy• You can see staffs powerpoint here , 2 But then later on the agenda, MPT Van.Der Mark and the "city attorney" have apparently jumped the gun (shark?).and brought forward a resolution that,effectively creates a process to ban books:Read the revised resolution here (the title has been updated from what originally posted with the agenda 1. The request is to have all books that have any sexual content moved to the adult section A twenty-one (you read that right, 21) person panel will "...review all proposed or new children's books and other materials procured by the City Libraries"or City Librarians that may contain sexual content before the books or materials are placed in the City Libraries, " and "If recommended books or materials do not meet the City's community standards of acceptance, they may be rejected by vote of the community parent/guardian review board." It's poorly drafted and unclear if this committee will have the ability to 'reject" all books or just "children's" books Is there an appeal process? (unknown) Rejecting a book from our,library shelves is a ban Let's be clear,'this isn't about protecting children, this is big government overreach What will this "committee of parent/guardians" find objectionable? The list is likely very long: Mayor Pro Tempore Van Der Mark and the Council Majority lied. They said this wasn't about banning books Well in my opinion, rejecting,books from entering the library collection is, by definition, banning them As always you can send emails to city:councilasurfcity-hb.orq:and supplementalcommCa surfcitvhb.org and let thexCity Council know how you feel about these policies and charter amendments If you'd like to'come in person, the meeting is October 17th. Arrive early(maybe 3.30pm or 4:00pm)for the study session on library policy There will be a public comment period on staffs recommended changes, and there will be a public comment period during the 6pm meeting. This will be a long,meeting, but it is critical that you make your voices heard. 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" s Our�ma it ng address s: _9 „n; Re=Elect Dan.Kalmick to HB Ci Council`-'FFPC ID#1458520 V'ce nBl d:#6 ,0 .: :249-E:.�O a h."u a 0802 K 'Lon' Beac `C 9 4 • z •-"' :Add'us to-jiour address:book „ WantIO•thange'homiyouzreCeive'thase•amail '?„-.,.- • . •- •• • " You can(iodate your preferences or from ths kst „ , • .• . . • • .„. .„„ „, ,„ 2, . 5 Moore, Tania From: Fikes,Cathy Sent Monday, October 16,2023 9:35 AM To: Agenda Alerts Subject: FW:Voter ID/Book Banning items From:James Rodriguez<jamesrodriguez714@gmail.com> Sent:Friday,October 13,2023 5:36 PM To:CITY COUNCIL(INCL.CMO STAFF)<city.council@surfcity-hb.org> Subject:Voter ID/Book Banning items Hi CC, As 25 years resident of Huntington Beach,I have not seen such an act of political soapboxing. The items to admend the city's charter are frivolous and CC should be sanctioned. 1.Voter ID is suppression,many case judgements since the 1960s agree ID for voting is suppression. Similar to requirement of IQ tests and literary tests to vote.2.Banning books is censorship. This is communist at its finest. Let me remind CC of the famous cases against Larry flint,that Mr. Flint publications were never censored in the U.S.by reglious institutions and 1st admendment rights of the constitution were upheld.Furthermore,Larry Flint said"freedom of the press is not the freedom for your ideas,but the ideas you hate the most". We are wasting resources,time and money,for the political grandstanding of the current CC majority. 1 Moore, Tania From: Fikes,Cathy Sent: Monday, October 16, 2023 9:37 AM To: Agenda Alerts Subject: FW: Modification of library policy, procurement of books for the library and changes to city charter From:Che Chereskin<ceceche78@gmail.com> Sent:Saturday,October 14,2023 11:54 AM To:CITY COUNCIL(INCL.CMO STAFF)<city.council@surfcity-hb.org> Subject: Modification of library policy, procurement of books for the library and changes to city charter Modification of library policy I have reviewed the PowerPoint prepared by city government staff(I believe)and have no serious objections to it although I think that it is unnecessary. At a time when resources are limited,it seems like a waste of time and money to have two groups doing the same job: the city librarians and the city government staff. In my opinion, the Huntington Beach Library staff already do a great job. I am very proud of our city library system and what it offers. • Procurement of books for the library I have also reviewed 2023-41 and strongly object to the proposals therein.Although not stated, I assume that "child" is defined as someone under the age of 12 based upon the PowerPoint discussed above. However,young girls start to menstruate at around age 9 (or even younger) and thus,perhaps more than any other group,have a need for information on sexual matters. Likewise boys also have a need for factual material on aspects of sexuality. The proposed restrictions would deprive young people of a reliable source of information on sexuality just when they need it most! They will likely be able to get information from the internet,but anyone can put something on the internet so information from that source is potentially less accurate. Although it would still be possible to access material through an adult, some young people may not want to involve parents or other adults while they are figuring things out. Changes to City Charter Finally,I believe putting the proposed changes to the city charter to a vote should be postponed until it can be done economically. There is nothing urgent proposed. Furthermore,the legality of requiring specific identification for voting seems to be in question. It seems that this issue should be resolved before putting it before our citizens for a vote. Sincerely, Che Chereskin i Moore, Tania From: Fikes,Cathy Sent: Monday, October 16, 2023 9:47 AM To: Agenda Alerts Subject: FW:City Council Mtg./10-17-2023 From:gelliottl@socal.rr.com<gelliottl@socal.rr.com> Sent:Saturday,October 14,2023 4:15 PM To:CITY COUNCIL(INCL.CMO STAFF)<city.council@surfcity-hb.org> Subject:City Council Mtg./10-17-2023 Re Agenda Items 19,20, &21 From Cheryl Elliott,Resident of Huntington Beach since 1980 It would be far more reflective of public sentiment to pass a resolution condemning the unrelenting attacks on voter confidence, city librarians,budget strategy,rainbow flags, and the Policy on Human Dignity leveled by the Council majority. I trust that Israel will prevail. I hope that the same won't need to be said about the Council majority and City Attorney who shall be up for re-election in 2026 and may be counting on personal benefit from the voter suppression law they've foisted onto the March primary ballot. Count on the City being sued. The unwarranted restrictions aimed at existing library policies are an insult to the professionalism of our City Librarian and her staff as well as all true Friends of the Library. It is disingenuous to suggest that this resolution is anything short of book banning and will result in anything less than an onslaught of protests and lawsuits. It is also arrogant and demoralizing to insinuate that Huntington Beach parents are incapable of monitoring and protecting their own children during library visits without intervention by the Mayor Pro Tem. Will the term "sexual grooming"pass muster with the new censors?If not,the newly revised City Policy on Human Dignity had better be kept in a vault lest any minor visiting City Hall be inadvertently exposed to such suggestive sexual language. The choice of flags to be flown over City Hall should be handled by resolution,not enshrined in the City Charter. This proposed amendment was clearly designed to eliminate the Rainbow Flag and reject the population it represents. What a queer way to advance the City's new Policy on Human-Dignity that claims to encourage an environment free of hostility?! At least the ballot proposal requires a unanimous vote to add a flag to those already listed. This is of some comfort to me since I'll no longer worry that a 4-to-3 Council vote might allow an "Anti-Woke"banner to wave even temporarily. As for the proposed Charter Amendments to the budget cycle and related administrative issues,my vote is "no" until the city's litigation costs and accruing penalties are under control and until the Council majority can conduct city business without sham public hearings,video clip stunts, and the Mayor's hyper-partisan bully tactics. At least five former Huntington Beach mayors have approached the Council chamber podium in astonishment to offer advice, constructive criticism,guidance, and warnings of legal peril and fiscal disaster. They have been repeatedly rebuffed by this Council's majority voting bloc. They deserve better and so do the citizens of Huntington Beach. 1 Moore, Tania From: Fikes,Cathy Sent: Monday, October 16, 2023 10:34 AM To: Agenda Alerts Subject: FW:City Charter Amendments; Flags; Public Libraries From:Julie Hampel<julie.hampel4@gmail.com> Sent:Monday,October 16,2023 10:22 AM To:CITY COUNCIL(INCL.CMO STAFF)<city.council@surfcity-hb.org> Subject:City Charter Amendments; Flags; Public Libraries October 16, 2023 Dear Huntington Beach City Council: (Addressed specifically to Strickland, Van Der Mark, Bums, and McKeon) I am painfully writing again (4th time)to oppose your proposed City Charter Amendments, the Restrictive Flag proposal, and Interference with Public Library Policies. Life is busy and it is absurd to spend precious time on your foolishness. The Council has yet, after months of discussion, to produce a single reason for any of the changes to the City Charter or to Restrict Flags at City Hall. None.Zero. Zip. It is irresponsible of you as elected officials to continue down this path when you have heard from your citizenry that these items are not only unnecessary but are extreme actions which violate Civil Rights. Formally, I oppose: Items 2023-42; 2023-43; 2023-44;2023-45; 23-879 and any Supplemental language to change, alter or otherwise modify, vary, or Clean-up the current Huntington Beach City Charter, the Flags presented at City Hall and policies/processes at the Public Libraries. First, you know there are no problems these proposed changes/Amendments will fix. However, you also know it will cause more problems and more division amongst the citizens of Huntington Beach.Your plan is to have the Citizens fight each other rather than you. Instead, you have shown us who you really are-very un- reelectable. Secondly, flags are symbols of solidarity. Flags work to unite us. By eliminating LBGTQ/Pride Flags, you alienate that part of your Huntington Beach population. More damage is done. The City Council is supposedly apolitical.You and this Proposal are hypocritical when the City Council tent waved the 'Trump'flag during the Air Show. This Proposal is just pathetic and shows us how low you will go to create fear. Thirdly, Public Libraries are for ALL of the public and not just a few. Andrew Carnegie, the father of Public Libraries, would be appalled at your actions against anyone wanting to learn. None of you are Librarians. None. Leave books and reading material to the Librarians. Anyone not liking a library book, periodical or other reading material can choose not to look at it or check it out. Let Parents decide that for their children. Finally: All these changes are to sow chaos and confusion which creates fear and hate. It is the opposite of what a City Council is meant to do. Stop trying to control people's choices. It is a total waste of taxpayer dollars. Instead, start doing your jobs and improving our City instead of getting involved in everyone's private i business. It is very unbecoming behavior for anyone but especially an elected Huntington Beach City Council member. Huntington Beach Citizen, Julie Hampel 2 Moore, Tania From: Fikes,Cathy Sent: Monday, October 16, 2023 10:53 AM To: Agenda Alerts Subject FW:Comment on HB charter amendments,Admin item 19. From: Dan Jamieson<danjamieson4@gmail.com> Sent:Sunday,October 15, 2023 11:55 AM To:CITY COUNCIL(INCL.CMO STAFF)<city.council@surfcity-hb.org> Subject:Comment on HB charter amendments,Admin item 19. Dear HB council members: Please vote NO on all of the proposed charter amendments at the Oct. 17, 2023 council meeting. The proposed amendments are tainted, due to the underhanded political process used to develop them. Charter amendments should address a real need. These do not. Charter amendments,if needed, should be put to voters in a November general election,not the lower-turnout primary election as proposed. My understanding is that placing amendments on the general election ballot is much cheaper than the estimated$459,000 cost for placement on the primary ballot. Please vote NO on the proposed amendments. Sincerely, Dan Jamieson Roxanne McMillen Huntington Beach 1 Moore, Tania From: Fikes,Cathy Sent: Monday,October 16, 2023 10:55 AM To: Agenda Alerts Subject: FW:Opposition to amendments and special election From:adrienne low<adrienne6372@gmail.com> Sent:Sunday, October 15,2023 4:17 PM To:CITY COUNCIL(INCL.CMO STAFF)<city.council@surfcity-hb.org> Subject:Opposition to amendments and special election I am writing this email to voice my opposition to the following: a) I am opposed to a special election for March 2024. Why would we spend a half million dollars for a special election in March 2024? The cost is ridiculous to the city. The amendments can be put on the ballot in November 2024 for a fraction of the cost. b) I am opposed to the idea that Huntington Beach will handle all future elections, instead of allowing the current system, already in place by the county, remain. I am very concerned about the legality of this proposal. The legal challenges will cost the city money in legal fees. I am also very concerned about voter suppression and intimidation. I have always been impressed with how Orange County has handled our elections and have not heard of any issues. Why put additional costs on our city when there is already a system that works? c) I am opposed to the flag policy that the new city council has tried to put into place. The wording of the policy is confusing and makes the ability to fly various flags on city property cumbersome. d) I am opposed to the book ban that is being pushed by Gracey Van Der Mark. The idea that the city council is going to create a committee that reviews books that will be allowed in the library and that must meet some unknown community standard is appalling. Our city libraries are wonderful and the community does not want the city council involved. If you don't like a book, do not read it. You do not have the right to make the decision for myself or my children. All of the items above,have been opposed by a majority of the residents of Huntington Beach. I am disgusted by the way the current city council is being run and that the fascist four have pushed ahead their agenda despite the community outcry. Please start governing and stop fighting culture wars. Sincerely, Adrienne Low 25 year resident of Huntington Beach, CA . i Moore, Tania From: Fikes,Cathy Sent: Monday,October 16,2023 10:57 AM To: Agenda Alerts Subject: FW:OPPOSED to proposed Charter amendments From: Lynne Deakers<Icdeakers@gmail.com> Sent:Sunday,October 15, 2023 5:40 PM To:CITY COUNCIL(INCL.CMO STAFF)<city.council@surfcity-hb.org>;supplementalcomm@surfcity-hb.org Subject:OPPOSED to proposed Charter amendments I am very concerned at the direction the present city council is taking! • Requiring voter ID when we have an excellent voting process in place will waste tax dollars much needed for other projects and is an affront to our citizens. We should be encouraging everyone to vote. Our current voting process does this.What you're proposing with voter ID is intimidation and suppression of voters. • The restrictive flag policy you are proposing is a gesture of discrimination rather than welcoming everyone to our city. • changes regarding council member appointments and other language changes is totally unnecessary and lowering standards that have been carefully laid out for our council to function democratically.. PLEASE DON'T CHANGE THE THINGS THAT ARE MOST IMPORTANT TO OUR REPUTATION AS A WONDERFUL,WELCOMING CITY. Lynne Deakers 40 yr resident of Huntington Beach 1 Moore, Tania From: Fikes,Cathy Sent: Monday, October 16, 2023 11:03 AM To: Agenda Alerts Subject: FW: Public Comment Items 18& 19,Tuesday,October 17,2023 From:qw<channelfrequency@gmail.com> Sent:Sunday,October 15,2023 10:11 PM To:CITY COUNCIL(INCL.CMO STAFF)<city.council@surfcity-hb.org> Subject: Public Comment Items 18&19,Tuesday,October 17,2023 Dear City Council, I support Item 18. Please, following visibility requirements&riding on the correct side of the road must be better enforced. I oppose Item 19. No. 1 -If there were forged signatures at a voting booth, investigators &counter-identity theft analysis should be at hand to the registrar of voters. Voter ID &monitors would much more easily be compromised at any time &drastically increase the possibility of large-scale voter fraud. According to the Heritage Foundation there were only 6 cases of voter fraud in California in 2022. No. 2. -This item doesn't allow International Maritime Signal Flags to be flown on city hall. No. 3 - This item allows the city charter to be summoned as an agreement to cancel meetings regardless of a city council vote. This increases the likelihood of mishandling core functions &states of emergency. Non-agendized. Please refill the empty Boston Market&surrounding commerce at Golden-Warner Centers accordingly,this is a content area. Not attending to basic commercial duties is a recurring question I have. I oppose Items 9 &20 -Please let the librarians do their jobs according to the law. I oppose Item 21 -There's no executive order from the president for city councils to take positions on Israel vs Hamas. There could also be false information. Out of respect for our military operations,please stick to city matters. Please don't limit prayers, education&ideas. Once again,I urge for a major increase in archaeological dig sites for undiscovered technology. I hope for consensus to continue being established. -BenP. 1 Moore, Tania From: Fikes,Cathy Sent: Monday, October 16, 2023 11:04 AM To: Agenda Alerts Subject: FW:Stop the charter changes From:Jeffrey Webster<webjef@hotmail.com> Sent: Monday, October 16,2023 7:37 AM To:CITY COUNCIL(INCL.CMO STAFF)<city.council@surfcity-hb.org> Subject:Stop the charter changes I've lived and owned homes in Huntington Beach since 1985. I've never seen a council so biased toward extremist right-wing policies during this entire time. Please reconsider these changes being proposed and at least save our residents from unwarranted expenses.All this is being done as an elaborate attention pull to Fox News and Trump. Voting changes are based on the false narrative that the 2020 election was stolen. This has been litigated unsuccessfully throughout the U.S. and has no validity. Intimidation will only make the residents more resolved to vote the far right-wing out of office in just a few years. The cost of running elections on our own,without the help of the state,will only make us look like fools. The March referendum done to sneak it by most HB residents,is a sad attempt to fool the majority. It won't work because we're not fools who surrender our hard earned money to placate a few extremists.Also,the rendering of library censure-ship to a committee of 21 without clear guidelines is poorly developed and can only result in national shame, as was rendered to the Alabama board that removed a book because the author's last name was Gay. Any changes you make to our governance will be quickly reversed in a few years but the stain of stupidity will last forever. It will take years before Huntington Beach will free itself from the scarlet letter of idiocy. Reconsider your decisions. Sincerely Dr. Jeffrey Webster Get Outlook for iOS i Moore, Tania From: Fikes,Cathy Sent: Monday, October 16,2023 11:06 AM To: Agenda Alerts Subject FW: Special Election Original Message From:letters-clumpy-Or@icloud.com<letters-clumpy-Or@icloud.com> Sent: Monday,October 16,2023 9:25 AM To:CITY COUNCIL(INCL.CMO STAFF)<city.council@surfcity-hb.org> Subject: Re:Special Election After attending Council meetings, the changes being made to the charter do not reflect what the majority of our community feels is necessary. Dan Kalmick's proposal to table the Charter Amendments seemed reasonable and practical regarding the special election. If these changes don't take effect until 2026,why spend tax payers money with the undetermined costs this election will incur. Please reconsider Dan Kalmick's recommendation about the Special Election. A 50+year concerned resident, Mary 1 Moore, Tania From: Fikes,Cathy Sent: Monday, October 16, 2023 11:06 AM To: Agenda Alerts Subject: FW:Amendments to Huntington Beach City Charter Original Message From: Linda Pohl<2travelinpohls@gmail.com> Sent: Monday,October 16,2023 9:39 AM To:CITY COUNCIL(INCL.CMO STAFF)<city.council@surfcity-hb.org> Subject:Amendments to Huntington Beach City Charter Please reconsider your efforts to get the amendments placed on the March ballot.The council was voted in to make our City run more efficiently, not to see how much money you can spend on pet projects wasting tax payers money. At least if you wait until the November election you will not only save the City money, but have a larger turnout which will be to your benefit. Don't forget you were elected with this"flawed"system.When voters actually see how you're wasting their tax dollars they may see you in a different light.Voters quickly forget your exciting promises when it affects their wallets. As far as the library restrictions are concerned you are solving a problem that isn't there. It may make you look very self righteous sparing our young children the possibility of finding out about their sexuality, however there is something called the INTERNET which you may not be aware of and everyone but a toddler has access to either themselves or a Friend. You may try to live like we're in the 1950's but unfortunately you're deluding yourselves Linda and Walter Pohl Sent from my iPad 1 Moore, Tania From: Fikes,Cathy Sent Monday, October 16, 2023 11:09 AM To: Agenda Alerts Subject: FW: No on book banning and No on ballot initiativess From:jnagytree@aol.com<jnagytree@aol.com> Sent: Monday, October 16,2023 10:46 AM To:CITY COUNCIL(INCL.CMO STAFF)<city.council@surfcity-hb.org> Subject: No on book banning and No on ballot initiativess NO on the the March ballot initiatives. MOVE these unneeded/undesirable items to the November ballot if you MUST persist in squandering our money by putting these wholly unnecessary Charter changes to public vote. Next,and most importantly WE ARE AGAINST the effort to Ban,Censor,or Restrict Books in our award winning library,the veritable pride of our community! Ron and Jean Nagy 30+years residents of HB 1 Moore, Tania From: Fikes,Cathy Sent: Monday, October 16,2023 11:51 AM To: Agenda Alerts Subject FW:concern about proposed charter amendments From: Betsy Olson<elizabeth.jewison@gmail.com> Sent: Monday,October 16,2023 11:43 AM To:CITY COUNCIL(INCL.CMO STAFF)<city.council@surfcity-hb.org> Subject:concern about proposed charter amendments Hello, I am a resident of Huntington Beach and am writing to voice concerns over a number of proposed City Charter amendments. My main concern relates to fiscal irresponsibility. My understanding is that the proposals would increase City costs and not provide substantial benefits for residents. I have not heard of any compelling reasons to hold independent elections or to form a committee to review library books. In addition to the lack of justification for these proposals,I have not seen any specific projections of the expected cost, either in dollar amounts or in the anticipated diversion of resources (e.g., staff time). I am deeply concerned about the neglect in considering the fiscal impact of these proposals, and in the failure to provide cost projections or articulate justifications to the community,i.e.,the council's constituents. I also have a number of other concerns, including the misplacement of priorities. The council should be focused on actions that impact and improve the local community-improving parks,walkways, City services, schools, sidewalks, safety, etc. We live in a beautiful beach community, and the City's resources should be deployed to make the City enjoyable and accessible for its residents. These proposals seem to be reflective of national debates and not local government matters. Further,the proposals seem self-serving for certain city council members,rather than reflective of the needs and priorities of local citizens. In the interests of the City and its residents,the City council should not continue to pursue these Charter amendments -or any related matters/actions. The council should refocus and prioritize agenda items that are focused on improvements to our local community. Thank you in advance for your time in considering my comments. Betsy Olson • Moore, Tania From: Fikes,Cathy Sent: Monday, October 16, 2023 1:12 PM To: Agenda Alerts Subject: FW:Charter amendments Original Message From:Susan Matthewson<sgmatthewson@socal.rr.com> Sent: Monday,October 16,2023 12:06 PM To:CITY COUNCIL(INCL.CMO STAFF)<city.council@surfcity-hb.org> Subject:Charter amendments This is a ridiculous and unconscionable waste of tax payer money.You will not be re-elected!Shame on you for such ignorant irresponsible governing. Sent from my iPhone 1 Moore, Tania From: Fikes,Cathy Sent: Monday, October 16, 2023 1:12 PM To: Agenda Alerts Subject: FW:Comments on Book Ban and Proposed City Charter Amendments From: Douglas Hart<dbhart2001@yahoo.com> Sent:Monday,October 16, 2023 12:14 PM To:supplementalcomm@surfcity-hb.org;CITY COUNCIL(INCL.CMO STAFF)<city.council@surfcity-hb.org> Subject:Comments on Book Ban and Proposed City Charter Amendments I am writing concerning the proposed Book Ban and Charter Amendments once again. Fascists ban books. Communists ban books. Religious Theocracies ban books. Democracies don't ban books. Yet the City Council majority seems willing to take the City down those un-American paths with their proposed ban on certain library books. It seems that whatever the four in the majority(and whatever political appointees that they might choose for their review board)deem"offensive"in their political and religious views will override the informed judgements of the City librarians and the parents of Huntington Beach. That is wrong and it is leading the City down a dangerous path. This book ban proposal needs to END NOW! Fascists suppress the vote of the citizens. Communists suppress the vote of the citizens. Religious Theocracies suppress the vote of the citizens. Democracies don't suppress the vote of the citizens. Yet the City Council majority seems willing to take the City down those un-American paths with the proposed Charter amendment on voting. The unneeded and illegal attempt to set up a"Voter ID"system for city voters and a ballot box"monitoring"system is, pure and simple, an attempt to suppress voters that might disagree with the current majority. Since"voter fraud" is a proven fiction in this city,this county,this state,and this country,the majority wants to waste our tax-payer money on unnecessary changes to city elections just to make a political play to the far-right voters who believe the voter fraud lies. This proposal needs to END NOW! VOTE NO ON THE BOOK BAN AND ON THE CHARTER AMENDMENTS!! Douglas Hart 5221 Chadwick Drive Huntington Beach, CA 92649 1 Moore, Tania From: Fikes,Cathy Sent: Monday, October 16, 2023 1:12 PM To: Agenda Alerts Subject: FW:OPPOSED to Charter Amendments From: Roz Esposito<imthewizardofroz@yahoo.com> Sent:Monday,October 16,2023 12:31 PM To:supplementalcomm@surfcity-hb.org;CITY COUNCIL(INCL.CMO STAFF)<city.council@surfcity-hb.org> Cc: Bethany IOC48<bethwebb711@msn.com>;Jo Ann Arvizu<jarvizu@socal.rr.com>; Lisa Grinnell <lisagrinnelltherapy@gmail.com> Subject:OPPOSED to Charter Amendments I, along with thousands of HB residents, have been making statements against ALL proposed charter amendments either by email and in-person. Yet the Council is refusing to listen to the people of HB. I've contacted the CA Attorney General, the U.S. Department of Justice and today, the OC Voter Registrar's office. It is outrageous that four members of this council are attempting to override the residents of HB. But make no mistake, if these changes get voted on, you will be held accountable. Roz Esposito aka Miriam 323-839-7903 "She who can see the invisible can do the impossible."Frank Gaines i Moore, Tania From: Fikes,Cathy Sent: Monday, October 16, 2023 1:13 PM To: Agenda Alerts Subject FW: I oppose changing the city charter and Adoption of Resolution No.2023-41 From:Ann Schoeff<annschoeff@verizon.net> Sent: Monday, October 16,2023 12:38 PM To:CITY COUNCIL(INCL.CMO STAFF)<city.council@surfcity-hb.org> Subject: I oppose changing the city charter and Adoption of Resolution No. 2023-41 Good afternoon- I am opposed to the three proposed amendments to the City of Huntington Beach Charter and believe they are unnecessary. I am also opposed to the adoption of resolution No.2023-41. One of the many things I love about our city is the amazing library system we have. I almost always have a library book on my nightstand and when my kids were little,we frequently enjoyed our trips to the library and participated in the summer reading program every year. Librarians and their staff are trained to choose the books for the library and they've done an outstanding job so far; I do not think this should change. I do not want a council appointed committee of 21 to decide what books should be housed on my library's shelves. Please leave book selection to the librarians-thank you. It appears that the majority of the council is responding to and creating problems that don't exist within our city; it feels like overreach and book banning to me. Unfortunately, I feel that I am literally wasting my time with sending this email as you've already made up your minds on what you are going to do and how you are going to vote no matter how many emails you receive or how many people show up at the city council meeting to oppose these two items. Respectfully, Ann Schoeff 1 Moore, Tania From: Fikes,Cathy Sent: Monday, October 16, 2023 2:48 PM To: Agenda Alerts Subject: FW:Special Election Original Message From:Jeanne Moore<hbjeannem@gmail.com> Sent: Monday,October 16, 2023 2:24 PM To:CITY COUNCIL(INCL.CMO STAFF)<city.council@surfcity-hb.org> Subject:Special Election I object to a special election and feel these ballot issues can wait until November of 2024's general election. Jeanne Moore HB Resident Sent from my iPhone 1 RECEIVED' 203016 PM 2' 22 CITY CLEF CITY OF Debbie Cook WWII/40T ON Huntington Beach,CA 92644 October 1642023 Dear C4 Council I cannot predict the long term consequences from tomorrow night's agenda items,(19 41)but I do care what they might be. There are always unintended consequences and you can take a look at history to seethe backlog of our failures: Prohibition,the wat on drugs,new Math... But I am troubled the most by what these proposals have already cost our community: civility. And I'm troubled by this new crop of council member Who puts forward items before developing consensus,before infrastructure needs are considered,before costs are calculated,and before proper data has been collected. The Charter,like the State or Federal Constitution is not something that should be changed.like it is underwear. If it is to represent the road map of*a city,then it deserves a deliberative and thoughtful process that includes its citizenry. I don't know what marginal problems that are thought to exist that a,book banning committee,or flag banning amendment,or voter ID will solve. Perhaps it is just to make some people feel better,but itis definitely a waste of time, esources and leads to further erosion of citizen participation. Every one of these items reminds me of the great illusionist Harry Houdini who once said,"The secret of showmanship consists not of what.you really do,but what the mystery-loving public thinks you-a Of' We have big problems in society but we keep getting trapped in the absurd. I Urge you to postpone these items until there is a good faith effort for broader outreach and education. Sincerely Debbie Cook Moore, Tania From: Fikes,Cathy Sent: Monday, October 16, 2023 2:48 PM To: Agenda Alerts Subject: FW:Voter suppression and book ban Original Message From: Katie Estes<esteskt@gmail.com> Sent: Monday,October 16, 2023 2:26 PM To:CITY COUNCIL(INCL.CMO STAFF)<city.council@surfcity-hb.org> Subject:Voter suppression and book ban To whom it may concern, I am very concerned with the proposed voter suppression amendment. I am concerned that it is going on the March ballot at great cost to the city. I'm concerned that these laws will suppress votes from certain marginalized groups within the city and cause potentially another lawsuit from the state. How many times do you have to spend MY taxpayer dollars on lawsuits because you can't follow the laws of this amazing state? I'm also VERY concerned about the proposed review board for library books.We employ,as a city,trained librarians,they need to be doing their job. Not some random panel that can decide with little to no guidance what is accessible to people at the PUBLIC library.This isn't Nazi Germany. I'm ashamed of our current city council and will be working hard to vote o it all conservative members who are fighting to change our city into a mini Nazi Germany.Stop banning books. It's not for you to decide what's appropriate for someone else. Concerned citizen, Dr Kathleen Estes, PhD 1 Moore, Tania From: Fikes,Cathy Sent: Monday, October 16, 2023 3:58 PM To: Agenda Alerts Subject: FW: Input to City Council Members re: 10/17/2023 Meeting From: Patricia Larkin<patglarkin@gmail.com> Sent: Monday,October 16,2023 3:40 PM To:CITY COUNCIL(INCL.CMO STAFF)<city.council@surfcity-hb.org> Subject: Input to City Council Members re: 10/17/2023 Meeting Greetings Huntington Beach City Council,Members, My-name is Patricia(Pat)Larkin; and I am a 50+year resident of Huntington Beach. I have so enjoyed this wonderful city and have appreciated its history of sound government practices. Today I'd like to offer input re: Agenda Items#19,20 &21 relative to tomorrow's afternoon and evening Council meetings. Agenda Item# 19 The OC Registrar of Voters has a long-established solid record of safely overseeing our elections and they should continue to do so. The prospect of Huntington Beach running its own elections would not only entail tremendous effort and needless expense to the city but could potentially undermine our safe and reliable current election process. There has been no issue with the flags that are flown at City Hall; they generally find wide approval. Agenda Item#20 This item seeks to establish a policy for the review and recataloging of library materials with sexual content. The Miller Case actually established specific procedures for public libraries to follow to address this issue. Such decisions need to remain with our librarians; the city's trained professionals in Library Science. Given their training,they are best able to make judicious choices. Agenda Item#21 While I agree with this item's condemnation of the Hamas 10/7/2023 attack on Israel, the resolution should go further. It should also include support for Palestine,whose citizens have largely coexisted with Israel for eight decades. It needs to condemn violence and advocate for the safe passage of those living in contested border towns. The Council's majority would do well to engage with the Greater Huntington Beach Interfaith Council and to reinstate the Human Relations Committee; as these two organizations have given moral authority, support and direction to our City Councils historically regarding issues related to hate crimes, intolerance and violence. Finally, since these three Charter amendments would not go into effect until 2026 there is no rational reason to create a special March 2024 election which would come at great cost to our taxpayers.These three Charter amendments are not necessary in my opinion;however if the Council does go ahead with them,they would still be much better placed on the November General Election Ballot, saving our taxpayers 90% of the cost. Thank You each for both serving on our City Council and for reflecting on the above input. Sincerely, 1 Patricia Larkin 2 Moore, Tania From: Fikes,Cathy Sent Monday,October 16,2023 4:29 PM To: Agenda Alerts Subject: FW:City Council action to ban books and restrict our right to vote From: Brian G.Saylin<brian@saylin-law.com> Sent:Monday, October 16,2023 4:21 PM To:CITY COUNCIL(INCL.CMO STAFF)<city.council@surfcity-hb.org> Cc: Rose Saylin (rsaylin@aol.com)<rsaylin@aol.com> Subject:City Council action to ban books and restrict our right to vote I used to wonder what it must have been like to live in Nazi Germany when Hitler rose to power. He began by burning books. We all know how it ended. I also wonder what it must be like to have the Taliban relegate a class of its citizens to a lower class with few rights. Unfortunately,in our past,we have done some things which are somewhat similar,when there was segregation in the South and legislation to prevent Black Citizens from Voting. We have also send Japanese to concentration camps. All these events started with those in power starting,bit by bit,to take away rights from the citizens. That's exactly what the City Councill is poised to do on Tuesday. It is shameful and must be stopped. Hopefully,the city council members will stop and realize the damage to democracy they are planning to impose. Please don't go down this path. We are better than this!!! Get Outlook for iOS i Moore, Tania From: Fikes,Cathy Sent: Monday, October 16, 2023 4:29 PM To: Agenda Alerts Subject: FW: Book censoring and voter I'd Original Message From:Anne Tillman<annetillman@me.com> Sent: Monday,October 16, 2023 4:23 PM To:CITY COUNCIL(INCL.CMO STAFF)<city.council@surfcity-hb.org> Subject: Book censoring and voter I'd Both are bad moves. We are not a police state Anne Tillman Anne@annetillman.com 562-858-0572 1 Moore, Tania From: Fikes,Cathy Sent: Monday,October 16, 2023 4:57 PM To: Agenda Alerts Subject: FW:City Council Overreach From: Regina Mastroyannis Blankenhorn<rblankenhorn@hotmail.com> Sent:Monday,October 16, 2023 4:54 PM To:CITY COUNCIL(INCL.CMO STAFF)<city.council@surfcity-hb.org> Subject:City Council Overreach Dear HB City Council: I am becoming overly concerned with the overreach of the current City Council. For a group of Council Members that cautioned about being"big brothered" by the government, I find that there is a majority of you that are doing a lot of "big brothering"yourself. I feel the majority is overstepping their authority in local government,and it needs to stop. You have no right to ban books. Period. The right of freedom of expression is violated whenever a government limits the freedom of individuals to hold opinions or to seek, receive,or impart information. And these opinions and facts are researched through books. Whether that book be in a public library or a public school library, it is there for the education of a person to form their own opinions and come to their own conclusions. As far as the City charter is concerned, my main concern is with the office of the City Attorney. That office should not be an elected position; it should be a position that is appointed by the City Council. In fact,it would be a cost savings to the City if it were to appoint a City Attorney through a law firm where the law firm's various experts in various legal fields would be of assistance to the City. By having this as an elected position,the City Attorney becomes a political figure within the City where they really should be apolitical and objectively advising the City Council what is best for the City rather than what might be a better political advantage for the next election year. I also believe the City Clerk and City Treasurer should be appointed positions so that people with the correct credentials and experience are in those positions. Voters do not pay attention to who is better qualified to do the job for the City because they do not understand what these positions do. As a resident of this City, I needed to make my opinion known. Respectfully, Regina M. Blankenhorn 1 Moore, Tania From: Diane Pavesic <dianepavesic@cs.com> Sent: Monday, October 16, 2023 5:10 PM To: supplementalcomm@surfcity-hb.org Subject: Fwd:Charter Amendments Sent from my iPad Begin forwarded message: From: Diane Pavesic<dianepavesic@cs.com> Date:September 27,2023 at 2:58:00 PM PDT To:city.council@surfcity-hb.org Subject:Charter Amendments Dear City Council, I am a 33 year resident of Huntington Beach and have I voted in all elections. I have never seen such disregard for the citizens of our City until this current council was elected.You may have tricked the citizens into voting for you, but I appreciate that you have opened our eyes to your true purpose.We will not make this mistake again. I oppose all of the proposed charter amendments. How is it that you feel you have the right to disregard the dignity of our residents?Why are you not addressing the actual needs of this City like the rampant homelessness instead of proposing changes to imaginary problems that do not exist? I have heard some of you use your belief in God and righteousness in your proposed changes. I am certain you do not know what Jesus preached,which was not to disregard and belittle members our community as your proposals demonstrate. Thank you for the opportunity to enjoy additional exercise while I walk door to door to educate my neighbors who have had the wool pulled over their eyes by the thoughtless majority of this City Council. Sincerely, Diane Pavesic Sent from my iPad • Moore, Tania From: Shayla Wilson <shaylalawilson@gmail.com> Sent: Monday, October 16,2023 5:10 PM ' To: supplementalcomm@surfcity-hb.org;CITY COUNCIL(INCL.CMO STAFF) Subject: Opposition to Resolution Nos.2023-41,2023-42,2023-43, 2023-44,and 2023-45 Good Evening, My name is Shayla Wilson. I am a resident of Huntington Beach and am writing in response to tomorrow's agenda. I stand in staunch opposition to Resolution No.2023-41 which is, in all but name,a book ban. No one should not dictate what books other people's children or for that matter what ANYONE else is allowed to read.Additionally, removing and banning books from public libraries is a slippery slope to government censorship and the erosion of our country's commitment to freedom of expression. Furthermore, I am vehemently opposed to the wasteful spending of taxpayer dollars on a special election that will ultimately attempt to oppress the voting rights of US citizens. 1 Moore, Tania From: !aura sire <Ilaurajjane@yahoo.com> Sent: Monday, October 16,2023 5:23 PM To: supplementalcomm@surfcity-hb.org Cc: Laura Sire Subject: Agenda Items#19 and#20 for Agenda dated Oct 17, 2023 Hello, This is Laura Sire. I'm a 60 year resident of Huntington Beach, a retired elementary school teacher, and an active member of the community. I'm writing today in extreme distress as to what is happening to the democracy in our city of Huntington Beach as shown in these current agenda items. Agenda item #19, proposing charter amendment ballot measures be placed on the March 2024 ballot, must be voted NO due to the cost of$459,628. Also, the items, including voter ID and a restrictive flag policy are unnecessary and unwanted by a majority of Huntington Beach residents. If they must be on a ballot, it makes sense to put them on the November ballot in the general election. It would save taxpayers a large amount of money. Additionally most changes proposed would not go into effect until 2026. This rushed process does not make sense any more than the measures themselves. (The "voter ID" measure violates state law and will almost certainly result in adding more lawsuits to what the City already has). Agenda item #20 submitted by Mayor Pro Tern VanDerMark who requests "adopting No 2023-41 to establish a policy of review and recataloging of library materials containing sexual content"This item, thinly disguised, is clearly a book ban. It violates freedom of speech, is unnecessary, and is a waste of time as there is already a process in place. It is insulting to librarians with Masters Degrees in Library Science. The attachment#2 removes access to books and states that "any sexual writings, sexual references, explicit sexual images, and any other sexual content shall not be placed in, or be present in, ANY section of any City Library other than adult sections." Parents are also insulted as it is required that there is "parental or guardian" consent required before accessing books. I stand with librarians, parents and teachers in the process of book access and selection. They are qualified, caring and competent. And the idea of having a 21 member citizen committee to take over this process is impractical and unfair. Since members are selected by councilmembers, the majority of the committee would have control as they will be representing the 4-3 majority on the Council. Furthermore, this item is in actuality about controlling information and censorship. Another smoke screen is evident as the true target here is the LGBQT+ Community as well as POC. The i conservative council majority wants us to believe they are protecting children, when in fact their proposed policy is one that harms children and their families. It is a tool to exclude children from acceptance by their peers as well as instigating division and hate. It is cruel as it stigmatizes those who have different gender identities or sexual preferences. The lack of empathy for those who are already stigmatized and feeling isolated is very sad. Don't we want all children to feel accepted worthy, and included. Do what is right please, and Vote NO on Agenda items#19 and #20. Sincerely, Laura Sire 2 Moore, Tania From: terrylaurenrose@gmail.com Sent: Monday, October 16, 2023 5:34 PM To: supplementalcomm@surfcity-hb.org Subject: Item 23-871/2023-42 Terry Rose, HB resident since November 1983, homeowner I oppose item 2023-42(under 23-871). I oppose all 3 charter amendments. This is an utter waste of OUR money. If you want to put something on the ballot,what is the harm in waiting until November? Why do you want to push it through, costing the citizens of Huntington Beach unnecessarily? I am beginning to think that the four of you(Strickland,Vandermark, McKeon&Burns) have a collective IQ under 2 digits. What is your motive? What is the purpose of this? And if everything gets defeated,what then? Will you claim . voter fraud? To begin with,you have not done a study showing the fiscal impact of each of these measures. As citizens of Huntington Beach,we have the right to know what we are getting into from a financial perspective. Second,the word"may"in Charter Amendment#1 is ambiguous....will you or won't you....this would allow the city council to decide at the drop of a hat whether of not this will be implemented and will leave the citizens of Huntington Beach at the mercy of the council at that time. Also,will each city council be able to change their minds—some years, voter ID,etc.,some years, no? With a perfectly good voter system run by Orange County,why would we want to incur ANY costs with regard to voting? Charter Amendment#2 deals with the flags. In the beginning,the Olympic flag was not included. When did that one become one of ones that are ok? Was it when it finally dawned on the 4 of you that by saying we couldn't fly that flag, that might impede the city of Huntington Beach for competing for the 2028 Olympic surfing events,depriving the city of revenue from tourism? What would happen if there was a unanimous vote to fly the pride flag during pride month or a breast cancer awareness flag during breast cancer awareness month or a stop human trafficking flag in January? Would you four change the rules again? I hate to tell you that the LGBTQA community is growing and many of the younger generation who will be voters may determine your ultimate fate. Your homophobic and racist attitudes, particularly yours Ms.Vandermark are obvious, and you inspire others just like you which,to me,is very sad and scary at the same time. Charter Amendment#3 has too many items included and should be split into multiple charter items. From my perspective,the ONLY vote is NO. You four are destroying our city and two of you have not even been residents that long. If you think we are a steppingstone to bigger and better positions,you may want to reconsider. By acting recklessly with our city,you may find yourself unable to overcome the opposition you will have when you try to move up. While you may not care about what happens to Huntington Beach in the future,there are many of us who have lived her a long time who do. The press we have been receiving lately is all negative. If that continues, people may not want to visit our city,Surf City USA. Trying engaging your brains before you vote. 1 Moore, Tania From: chris@theduquettes.net Sent: Monday,October 16, 2023 5:42 PM To: supplementalcomm@surfcity-hb.org Subject: special election nonsense My name is Dr. Chris Duquette and I am a homeowner and business owner in Huntington Beach. I oppose the special election and the additional cost inherent and long term that may result from trying to clumsily introduce voter id at the city level. I myself have voted via mail as long as I have been able to because I have raised three children and work nearly every single day tending to the people of our community.Standing in line and planning my schedule around something I can do from my home safely and securely is ridiculous.There are already plenty of safeguards to sound voting, no need to make it more complex for our citizens.On top of that,it's going to cost a lot of money and result in expensive litigation. Utter.Waste.Of. Money. I oppose Resolution#2023-41.We have librarians and parents to help make decisions about what is age appropriate content.There is no reason for a city council member to weigh in on what books are available where in the library. The city council needs to run the city like a business,focus on providing appropriate services to its residents and stop wasting time and money,our resources on ill advised, unnecessary dog whistles intended to further divide our community. Sincerely, Dr.Chris Duquette 1 Moore, Tania From: Ellie Johnson <elliejohnsonl9@twc.com> Sent: Monday,October 16, 2023 5:47 PM To: supplementalcomm@surfcity-hb.org; 'CityCouncil@surfcity-hb.org' Subject Agenda Item 20- Resolution 2023-41 To the Members of the City Council, I oppose this resolution. What a sad day it will be for Huntington Beach residents if you pass this resolution. Librarians,not a parental/guardian committee are the people to review and evaluate books for the library as it has been done and with great success.We have a world class library.To limit or attempt to limit books a parent or guardian may deem unfit reading for their child denies that book to others who may not share their views.a child under 18 to have a parent It is laughable that you want a parent or guardian to have to consent before a teenager can access or check out a book that contains any sexual writing,sexual references,sexual images,and or other sexual content by anyone under 18 years of age. Have you asked your 18 year olds how they feel about this? It's absurd.Given the far reaching information available on the internet sexual information is available. Books provide an opening to the experiences of others and for many teenagers access to sexual information is crucial to learn about their bodies and yes,to better understand their identity if that is of concern to them. Freedom to think,to learn,to question is crucial for a democracy. What a waste of time and attention to an issue that should not be part of the City Council conversation. Respectfully submitted, Eleanor Johnson. Huntington Beach • Moore, Tania From: winchellg <winchellg@yahoo.com> Sent: Monday, October 16, 2023 5:55 PM To: supplementalcomm@surfcity-hb.org Subject: Agenda items19&20 Honorable Mayor and City Councilmembers, AGENDA ITEM 19: Please do not continue with the proposed charter amendments.They are unnecessary,do not promote the public good,some endorse voter suppression,and the special election will cost taxpayers a huge sum of money as proposed. PLEASE VOTE NO ON AGENDA ITEM 19. AGENDA ITEM 20: Please do not make the City the arbiters of of which books will be banned from our libraries.An excellent process already exists for library book acquisition.Creating a Huntington Beach citizen's committee will just be costly and is unnecessary. PLEASE VOTE NO ON AGENDA ITEM 20. Thank you for your consideration. Grace Winchell, Former Council Person and Mayor 1 • Moore, Tania From: Chris Wacaster <cwacaster@gmail.com> Sent: Monday, October 16, 2023 7:03 PM To: CITY COUNCIL(INCL.CMO STAFF);supplementalcomm@surfcity-hb.org Subject: Stop the HB City Council--Charter Amendments& Book Bans please hear my voice • Voter ID requirement >AGAINST o If passed, it will lead to immediate lawsuits (don't know how much that will cost) o If passed, it will likely cause HB to run its own city elections (don't know how much that will cost) • HB must purchase voting machines • HB must securely store voting machines between elections • HB must rent polling locations • HB must train staff • And, many more requirements for running a secure election • Restrictive Flag Law >AGAINST o Excludes many flags that have flown on city polls in the past, including the Pride flag o Requires a unanimous vote of council to add a new allowed flag (the city has never required a unanimous vote for anything, ever!) • Charter Clean-up (effectively Measure L from 2022 that the Council majority ran against) > AGAINST thanks, Chris • Moore, Tania From: John wacaster <johntwacaster@gmail.com> Sent: Monday, October 16, 2023 7:03 PM To: supplementalcomm@surfcity-hb.org;CITY COUNCIL(INCL.CMO STAFF) Subject Stop the HB City Council--Charter Amendments&Book Bans please hear my voice • Voter ID requirement > AGAINST o If passed, it will lead to immediate lawsuits (don't know how much that will cost) o If passed, it will likely cause HB to run its own city elections (don't know how much that will cost) • HB must purchase voting machines • HB must securely store voting machines between elections • HB must rent polling locations • HB must train staff • And, many more requirements for running a secure election • Restrictive Flag Law >AGAINST o Excludes many flags that have flown on city polls in the past, including the Pride flag o Requires a unanimous vote of council to add a new allowed flag (the city has never required a unanimous vote for anything, ever!) • Charter Clean-up (effectively Measure L from 2022 that the Council majority ran against) > AGAINST John i Moore, Tania From: Caroline Brandenburger <carolinern@gmail.com> Sent: Monday, October 16, 2023 7:22 PM To: supplementalcomm@surfcity-hb.org Subject: Opposition to Voter ID charter To the City Council of Huntington Beach, My name is Caroline Brandenburger and I'm a third generation Huntington Beach,CA resident for over 44 years. I've been a Registered Nurse for about 21 years at a local Orange County hospital. I'm writing this email to express my concern and opinions regarding a recent proposed City Charter amendment. As elected Huntington Beach City Council members,your duty is to represent the entirety of the City of Huntington Beach.The very first sentence of the Huntington Beach City charter states"We,the people of the City of Huntington Beach,State of California believe fiscal responsibility and the prudent stewardship of public funds is essential for confidence in government,that ethics and integrity are the foundation of public trust and that just governance is built upon these values."Adding a voting ID charter amendment to the ballot is fiscally irresponsible and so unnecessary. There has been no evidence presented at all to support that there has been voter fraud.The fact that the council majority is pushing for this to be on the March ballot instead of the November ballot-in which the cost for tax payers is even more, is very concerning and interesting.The estimated cost is$1 million+ and also can include further expenses such as law suits. It is also interesting to note that the council majority,who were recently elected in 2022,are not questioning the validity of the election results that elected them to their respective positions. If the council majority is really concerned about voter fraud in Huntington Beach,why aren't they asking for an investigation and/or recount? There have been numerous public comments,emails and letters from the residents of Huntington Beach opposed to the voting ID charter amendment. It is the city council's responsibility and duty to listen and consider the concerns and comments from the people of Huntington Beach,and not what fits your own agenda and beliefs. Please have integrity, consideration and respect for the people of Huntington Beach! Please represent the people and be fiscally responsible for the people's tax dollars. Respectfully yours, Caroline Brandenburger CarolineRN@gmail.com 1 Moore, Tania From: Elizabeth SanFilippo <elizabethsanfilippo@fuller.edu> Sent: Monday, October 16, 2023 7:34 PM To: CITY COUNCIL(INCL.CMO STAFF);supplementalcomm@surfcity-hb.org Subject: Proposed City Charter Amendments—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 important 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 being included in the upcoming Primary Election rather than a General Election,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 Primary Election ballot. Thank you for your consideration. Elizabeth San Filippo i Moore, Tania From: Susan Turner<saturner8@verizon.net> Sent: Monday, October 16, 2023 8:18 PM To: supplementalcomm@surfcity-hb.org;CITY COUNCIL(INCL.CMO STAFF) Subject: Strongly Oppose the Voter ID requirement.Oppose any amendments on the March Ballot Dear City Council Members, I have been a Huntington Beach resident for 60 years. I have been to many city council meetings over the last few months. I have listened to those in support and those opposed to the Voter ID requirement. I only hear one reason to have a Voter ID requirement. The reason was stated by Mayor Strickland, to regain faith in our elections. There was never any proof to show a reason for our citizens to have lost faith in our elections. In fact much to the contrary, the majority, over 90% who spoke had complete faith in our voting system as it is and expressed opposition to Voter Id requirement. One of the major drawbacks to this amendment is COST. There is no way to predict the cost of carrying out our own elections. As multiple people listed at the meeting, there would be unknown costs for voting machine, training to run the voting machines, security consultants, software updates, most likely lawsuits from private citizens and California State. Plus the initial pricetag of $369,928 - $459,628 to put amendments on the March ballot. Please listen to the majority of HB citizens. The majority of citizens have spoken clearly that we oppose the Voter ID requirement and we oppose putting any of the proposed amendments on the March ballot. Thank you, Susan Turner i Moore, Tania From: Jessamyn Garner <jessamyngarner@gmail.com> Sent: Monday, October 16,2023 8:32 PM To: CITY COUNCIL(INCL.CMO STAFF);supplementalcomm@surfcity-hb.org Subject: Oppose city council agenda items 19 &20 Hello,city council members and Mayor Strickland. I'm writing to oppose items 19 and 20 on the agenda for the city council meeting on 10/17.See my comments below. Agenda item 19:These proposals would cost residents and taxpayers over$500,00o to put them up for a vote in March. In addition to the initial cost of getting these Charter amendments on the ballot,it will cost us hundreds of thousands of dollars more if they're passed.And I don't just mean implementation costs(which have yet to be defined).You see,California Attorney General Rob Bonta already warned y'all that voter ID laws and ballot box monitoring go against existing voting laws.And he has already demonstrated that he's willing to sue when this city violates the law.Not only will that lawsuit cost us hundreds of thousands of dollars in legal fees and Mr. Gate's salary,but when we lose the lawsuit because this Charter amendment is clearly illegal,we will be on the hook for the legal fees of the state as well.So there go another several hundred thousand of our tax dollars down the drain. While this is all going down,keep in mind that voting rates will go down even further than they were when less than 35%of HB voters put Mayor Strickland,Mayor Pro Tem Van Der Mark, and city council members McKeon and Burns into office. Voter ID laws and other voter suppression tactics including ballot box monitoring disproportionately affect voters with marginalized identities,especially Black Americans.In fact,these policies can be traced directly back to Jim Crow laws,when suppressing the Black vote was more explicit than is legal to express today.Voters with other marginalized identities are also disproportionately impacted by these policies,including Indigenous people,low-income residents,and elderly voters.College students are also affected. Voter ID laws and ballot box monitoring are solutions in search of a problem.Voter fraud is extremely rare and these tactics have not proven to deter the few times it has occurred. This proposal is unnecessary and expensive.And it's not what Huntington Beach residents want.We've told you over and over again during the last several weeks at the special meetings you've held.We've told you over and over again via email.It's time for you to listen. We want responsible government.We want a city council that keeps our city running,that makes sound financial decisions,and that takes our tax dollars seriously. Don't throw our money away just because four of you are afraid of democracy. Agenda item 20: I've already expressed my opposition to book access restrictions (aka book bans). And so did several hundred residents, librarians, educators, parents, and students. But here we are again. Because you didn't listen to your constituents when we told you hundreds of times that we don't want you to be involved in choosing which books belong in our libraries. In Huntington Beach,we trust parents. Parents often make wildly different decisions for their families than their peers. Informed by values,experience,faith,and other factors, parents are full-grown adults who have offspring that they have the authority to raise in a way of their choosing.These full-grown adults make decisions every day about how i to raise their kids,including what kind of media they're comfortable with their kids being exposed to. It's super weird that you want to get in the middle of those personal decisions.And it's super weird that you don't trust your fellow parents to make decisions about their own families without y'all getting in the middle. In Huntington Beach,we trust librarians. Librarians go through rigorous coursework and must complete a master's degree in Library and Information Science or Library Science. In addition to coursework,they must complete a research project and/or a practicum or internship to understand the applications of what they learn in class. Once in their positions in our local libraries,they apply strong selection criteria to make informed decisions about which books to source for their community. There are already robust processes in place to determine which books our libraries carry and which sections they should be placed in.There is also a review process that anyone from the community can engage in if they are concerned about a particular book in a particular section of the library.Our very own Mayor Pro Tern engaged in this process,and it worked.She had a concern about one of the books in our library.She raised her concern, it was addressed by librarians and administrators,and the book was moved to a more appropriate section.This process is sufficient and does not need to be revised or augmented. Why do we need a new commission to make decisions for individuals and families across this diverse city of over 200,000 people?Who would those people be?How would they be chosen?Who would choose them? Your constituents do not want elected officials involved in deciding which books belong in our libraries.We do not want you to make decisions about what materials we and our children have access to.And we certainly don't need a commission of random people to make those decisions for us. Get your nose out of our business and let us make our own decisions about what books we read. Thank you and I'll see you at the meeting. Jessamyn Garner 2 Moore, Tania From: Michael Turner <mturner149@verizon.net> Sent: Monday, October 16,2023 8:36 PM To: supplementalcomm@surfcity-hb.org;CITY COUNCIL(INCL.CMO STAFF) Subject: Opposition to Voter ID Requirement City Council Members, I oppose the proposed Voter ID Requirement amendment. The OC Registrar of Voters has the experience and the voting machines. Huntington Beach has neither. The cost to change to city run elections is unknown. As a taxpayer; I do not want to add costs to our city budget to fix something that is not broken. We have plenty of other issues that we could be spending that money on such as food and housing security. Thank you, Mike Turner 1 Moore, Tania From: Deborah Addy <debbie.addy126@gmail.com> Sent: Monday, October 16,2023 9:09 PM To: supplementalcomm@surfcity-hb.org Subject: Charter Amendments and Book Banning Resolution Dear Huntington Beach City Council, I am a long time resident and property owner in Huntington Beach. I would like to state my opposition to the rush to get the three Charter Amendments on the ballot March of 2024. There is no reason to spend additional money to push these amendments forward when they can be put on the November 2024 ballot. The only reason I can see that anyone wants this pushed ahead is that there is a measure that creates voter intimidation, and this is a way to disrupt the 2024 November election. The Voter ID Requirement measure is not only voter intimidation, it will also impact Huntington Beach financially in lawsuits that will inevitably occur when legality of the measure is contested, plus it would force Huntington Beach to have to run its own elections when California has a perfectly good, clean, and effective system in place for the whole state. I'm also appalled at the attempt to turn Huntington Beach into a book banning city. No matter how this resolution is worded, it is a clear attempt to ban books. Our librarians have to have a Masters degree in Library Science to be able to hold the job. They do not need supervision to keep our libraries safe for our children. If a particular book is considered by a parent (or anyone in fact) to be inappropriate there is a system in which that book will be reviewed. To have a small group of people make decisions to control what books end up in our libraries is ludicrous and insulting to the professionals that now run the libraries. To even consider that sexually explicit material is widely available to children is a lie. Per Resolution No. 2023-41: "The City Council has observed that there are some children's books and other materials in the City's libraries that contain sexual writings, explicit sexual references, explicit sexual images, and other sexual content". Please post a list of these offensive titles and where and when these books were found. I grew up in Huntington Beach libraries and never did I find pornographic books in the children's section. Stop trying to turn Huntington Beach into a restrictive city. We are a city of freedom and inclusivity. Let's keep it that way. Thank you for your time, Deborah Addy i Moore, Tania From: Diane <dianesgotopnions@gmail.com> Sent: Monday,October 16, 2023 9:26 PM To: supplementalcomm@surfcity-hb.org;CITY COUNCIL(INCL.CMO STAFF) Subject: Oppose Item#19 I strongly oppose item #19 for a multitude of reasons. The first reason is the enormous known and unknown expense. We know it will cost several hundred thousand dollars to put these charter amendments on the March 2024 ballot, but with implementation dates in 2026, there is no reason the election could not be delayed to the November 2024 ballot in order to save HB taxpayers about 90% of that cost. We already know that the state, as well as other organizations, are poised to sue the city if these charter amendments are passed by the electorate. We have no idea how much those lawsuits will cost. If the first charter amendment were to pass, stating that Voter ID "may" be required and ballot box monitoring "may" be required in HB, it is very likely going to require HB to run its own municipal elections. We have no idea how much it will cost to run an election, but costs would include purchasing voting machines and tabulation machines, storing and maintaining those machines, renting polling places, training and paying people to staff the polling locations, training staff to use and maintain the machines, etc. The second reason I oppose this item is Casey McKeon's magic word "may"!!! Who will decide if and when Voter ID will be required? Will the poll worker decide based on someone's looks? Will • the city council decide based on whether requiring Voter ID might influence the outcome of an election to help their buddies? Will it be a financial decision, so Voter ID is only required in years when the city can afford it? Mr. McKeon proposed using the word "may" instead of"shall" to allow for flexibility to be able to "test" this idea. That is simply absurd! The city charter is a foundational document and should only be changed for sound and permanent reasons. "Testing" an idea is not a good reason to change the charter. The third reason I oppose this item is for the restrictions it will place on future councils to fly special flags on the city poles. Months ago, when the flag ordinance was considered, many of us warned that the restrictive ordinance would be a problem if the city were to be awarded the 2028 Olympics surf competition, but the zealots on the council were not concerned and forged ahead. Now, as they propose making their flag ban even stronger, they've realized that they should have included the Olympics flag in their list of approved flags. We warned of other flags the city may want to fly for various reasons, but this proposed amendment will only allow another flag if there is a unanimous vote of the council. There has NEVER been a requirement for ANY item to pass with a unanimous vote, even for the most consequential decisions a council must - make. Please stop wasting time and money and finally reject this item. 1 • Sincerely, Diane James 2 Moore, Tania From: Anthony Daus <addaus@gsi-net.com> Sent: Monday, October 16, 2023 9:30 PM To: supplementalcomm@surfcity-hb.org - Cc: CITY COUNCIL(INCL.CMO STAFF) Subject: Opposition to City Charter Amendments • I am writing to express my sincere opposition to the proposed amendments to the City Charter. They are unnecessary and will cost the City of Huntington Beach money. Particularly the amendments to the municipal voting requirements. Pushing this through and placing it on the ballot will cost extra money as well. The flag amendment is unnecessary too. There is already an ordinance! Use some common sense for a change!! Tony Daus 28 year resident of Hintington Beach • Sent via the Samsung Galaxy S10,an AT&T 5G Evolution capable smartphone 1 Moore, Tania From: Tim Channel <twchannel99@gmail.com> Sent: Monday, October 16, 2023 10:03 PM To: CITY COUNCIL(INCL.CMO STAFF);supplementalcomm@surfcity-hb.org Subject: Citizen Comments on Agenda for City Council Meeting for 10/17/2023 Huntington Beach Council Members, I am a 35 year resident and homeowner in Huntington Beach with grave concerns about the future of our fine city due to the despicable behavior of our city council members Strickland, Van de Mark, McKeon, and Burns. The pretense of PRETENDING TO LISTEN to in-session public comments is reprehensible. The disdain for the citizens of Huntington Beach is proven over and over again at every City Council meeting. If your intent is to draw attention to our city you have succeeded as YOU are turning our great city into the laughing stock of the entire country. I do want to THANK YOU for your ineptitude and obvious self-serving agenda as it has motivated myself and many others to become more participatory in city politics. That being said, I am STRONGLY OPPOSED to the following: 1. 23-871 Consider the submission of three Charter amendment ballot measures for voter approval at the March 5, 2024 Statewide Primary Election and the adoption of Resolution Nos. 2023-42, 2023-43, 2023-44, and 2023-45 Reasons: (a) This appears to be an attempt to sneak these charter amendments past the voters in an election you are hoping is poorly participated in. Do you believe in Democracy? Do you respect the voters of this city (or only some of them)? Wasting my tax dollars on an unnecessary city election. Why? Especially when it doesn't go into effect until 2026? What is the rush? (b) What problems are you trying to solve? It appears to be a pretend solution to a made up problem. What is the rush? There no evidence of any kind of voter fraud in elections administered by the Orange County Registrar. I am also STRONGLY OPPOSED to the following: 2. 23-871 Review of Councilmember Item 25-532 - Selection, Display, and Circulation of Library Books and Other Material within Huntington Beach Public Libraries Reasons: 1 • (a) I have been a patron of HPBL since I moved here. I took my children to HBPL Story Time almost every Saturday morning where they were allowed to peruse the Children's Section under my supervision. PORNOGRAPHY in the Childrens Section at HBPL DOES NOT EXIST! You made this up! (b) It appears as if you are trying to lead the bandwagon by "leading the charge" on this ridiculously untrue made-up problem. I am quite sure it is to further your own personal agenda of appearing to be a Protector of Children. What is next? Banning Harry Potter else the children become real sorcerers and creating magic spells? (c) The HBPL staff doesn't want or need this added work load and expense to accommodate your aspirational goals of becoming leaders of some cult endeavor to "police morality". I also want to express my appreciation for distinguished City Council Members Kalmick, Moser, and Bolton for their strength and fortitude in enduring the persistent attacks and dis-respect from the other council members. In closing, I do hope you will VOTE AGAINST these items as they have no benefit to our city and are a complete waste of time and money. Also, please do not tell me I am mis-informed as I have been in the past in boiler plate response emails. Nothing could be further from the truth. You insult yourselves more than me in doing so. Thank you for your time and consideration of these comments, Sincerely, Timothy Channel Huntington Beach e 2 Moore, Tania From: Scott Malabarba <scott@malabarba.org> Sent: Monday, October 16, 2023 11:12 PM To: CITY COUNCIL(INCL.CMO STAFF);supplementalcomm@surfcity-hb.org Subject: in opposition to charter amendments and library book bans Dear HB City Council, Council members Kalmick, Bolton,and Moser,thank you as always for your efforts. For the others, I have a few words. Regarding 23-894 I neither oppose nor support this item. If the council wants to condemn a horrific terrorist attack,okay then. But are you going to condemn the antisemitic hatred that continues to plague Huntington Beach,such as that spoken at the June council meeting by supporters of Mayor Pro Tern Van Der Mark?And did you not just dismantle the statement of human dignity that was created to oppose such hate? This resolution is obviously insincere and capitalizes on the deaths of thousands of people to drive your weird culture war. In opposition to 23-871 Much has been said about these proposed amendments,and after four rounds of special meetings I have little to add. But let's review: Inflammatory culture war triggers deceptively bundled with innocuous-looking procedural changes that enable nepotism and corruption. Ridiculous rhetoric about non-existent voter fraud, expensive and illegal election procedures,and blatant voter suppression. Flag restrictions clearly driven by hatred of queer people. A mysterious and expensive push to get these items on the special election instead_of just waiting for November. Frequent,abrupt text changes and council meeting procedure irregularities. Sweeping charter changes proposed by a group that campaigned against charter changes. The re-introduction of the very changes this group campaigned against. Charter changes that take away from future councils the choices that this one made the moment you were elected. What's the takeaway?Again,insincerity. Even the people who voted for you can't trust you, because you're manipulating them to give yourselves more power. In opposition to 23-878 and 23-879 The attacks on the library and its staff were always gross,reckless,and in bad faith. Deliberately exposing children to pornography--or"infecting"them with it, in your words, is a serious crime. If there were any real suspicion of this,the police would be involved.So you don't really think that is going on at the library. If you did,the proposed measures would be completely inadequate. You continue to insist that you aren't banning or censoring books,while simultaneously proposing to do exactly that. Now you've proposed an entire board of censors,appointed by yourselves with no qualifications for the role. In fact you'll be challenged to find anyone knowledgeable about libraries or children's books for your censor board, because we all think it's an abomination and want no part of it. You talk about"sexual content"and "obscenity"when it's clear that what you mean is"queer people". Even your supporters get that much--they made their hatred clear at the nightmarish June meeting. We all know who's next on your hit list.Once you're done erasing queer people from the library and making it harder for young people to learn how their own bodies work,you'll go after books by or about people of color, books that touch on racism or misogyny,books that attempt to tell an honest history of the United States. Because"CRT". You talk about parental choice.Yet all you propose to do is take away choice. Parents who want to follow their children around the library and choose books for them can do that right now. Parents who want to monitor every book their child checks out can do that right now. Parents who want to sit next to the aquarium with their preschooler while letting their eleven-year-old browse the middle school section will not be able to, because you don't think they should have that choice. Across town, Barnes and Noble has the same books on display,with no age restrictions. If you were at all sincere,you'd make an ordinance restricting how commercial bookstores stock and display their wares, because that would be necessary to"protect"children from the"pornography"sold there. But you won't, because a) Barnes and Noble would sue you into oblivion and b)you're not sincere. Children are in fact threatened by exposure to pornography(the real kind, not books with gay people in them),to sexual predators(real ones, not people who disagree with you),to violent and extremist content,to peer bullying and other harmful influences--on social media.We know that you know how vile and how readily available this content is(since one of your number,infamously, kept a collection of it for"research").Yet you pretend that the internet doesn't exist, and instead of supporting the educators who teach children how to keep themselves safe online,you terrorize them. The four of you are undoubtedly going to vote for the charter amendments and library nonsense no matter what your constituents have to say.Tomorrow's council meeting is going to be a trench war.And it won't end there--you have a long and bitter road to walk before these horrible ideas are made real. I can't imagine why you put yourselves or the city through this. Sincerely, Scott Malabarba HB resident 2 Moore, Tania From: MARILYN Boehm <beachmama7@msn.com> Sent Monday,October 16, 2023 11:34 PM To: supplementalcomm@surfcity-hb.org Subject Opposition to special election in March 2024 for the purpose of amending the City Charter I am STRONGLY opposed to Item #23-871 which would amend our City Charter. Why is this necessary? What is the rush? Does our City need to spend approximately $460,000 to rush through a poorly worded and ill-thought-out resolution that may indeed include illegal protocols? These four new City Council members ran on a platform alleging that they would NOT amend the City Charter. Why this sudden turn about so soon in their terms of office?There is something fishy and wrong about this action, and I ask that it be postponed until the general election in November 2024. Marilyn Boehm, HB resident 1 Moore, Tania From: J C <qhlady@me.com> Sent: Monday, October 16, 2023 11:46 PM To: CITY COUNCIL(INCL.CMO STAFF) Cc supplementalcomm@surfcity-hb.org Subject: 10-17-23 City Council Meeting, 6pm Agenda Item 19 I COMPLETELY SUPPORT the potential Charter Amendments to be considered for the March 5,2024 Statewide Primary Election. • Measure No. 1, I support Voter ID for elections, more in-person voting locations and monitoring of drop boxes. Measure No.2, I support the proposed display of flags I would like to suggest that in the proposed ballot language you add "the California State Flag". I realize the actual Charter Amendment states"the California State Flag", but most people wouldn't bother to look that up. Measure No.3, I support the Biennial Budget and all other proposed Amendment Changes. No doubt,the small group of haters will be attending this meeting again They love to state that they are the majority,which is laughable They DO NOT represent the 200,000 residents of Huntington Beach. • Jean Cloyd resident of Huntington Beach 1 Moore, Tania From: Celeste Rybicki <celeste@celesterybicki.com> Sent: Monday, October 16, 2023 11:47 PM To: CITY COUNCIL(INCL.CMO STAFF);supplementalcomm@surfcity-hb.org Subject So many no's for Tuesday's meeting (items 19,20,21) Dear City Council Members, I pray that this does not fall on deaf ears, but can you just DELAY THE AMENDMENTS VOTE to the general election??? If it saves us something like 90%of the cost to put it on the ballot and doesn't actually delay the implementation of anything,this seems like a no-brainer. Regardless of how I (and so many HB residents,seemingly a VAST majority)feel about the amendments themselves,(ie:the moves to combat"voter fraud"will more likely serve to impede or prevent legally registered and qualified citizens from voting. "Monitored" ballot boxes reeks of voter intimidation. Most of the proposed amendment No. 1 are likely to bring more lawsuits to our city as well.Amendment no. 2 regarding the flag policy has already had to be amended to include the Olympic flag and already seemingly ignored by flying multiple flags at the pier during the airshow.There's no need for this to be in the charter other than to take a dig at the pride flag and all the marginalized groups it stands for.) but regardless of how the public will vote ...there is clear and blatant practical reasoning to save these for the general election. Item 20 is just another slap in the face of Huntington Beach citizens. I don't understand why you've argued time and time again over what you think you should let the voters decide and then completely disregard the public opinion on what you're doing to OUR library. If it looks like a ban and it quacks like a ban, it's a book ban!You're looking to restrict access to books already in our libraries and to prevent the librarians from acquiring new books to the collection. It's a book ban. Gracey and Gates pretended to take 5 months to discuss and research and then ignored all staffs recommendations to bulldoze through their book ban.And just to make a point:the most prevalent argument in favor on Twitter is that adults are forcing porn on children.Obviously that is not what is actually happening at any of our branches,there have been no such complaints(no books appropriateness have even been questioned this year.) Even if you were trying to prevent that"grooming"this book ban wouldn't stop it. Adults(the alleged pedophiles) can access any books they like and then present them to children off library grounds. Only now,we'll have a generation of children who may have no knowledge of human anatomy or healthy relationships and little language to be able to alert to a safe trusted adult what is happening. But these books aren't sexualizing children and this ban isn't protecting anyone.What it will do is remove windows and mirrors for our kids.The kid with two moms or a gay grandpa won't get to read stories about other kids like them.A city of kids who will grow up thinking anything outside their family(or that one church everyone in the majority goes to) views is not normal and should be othered,feared, hated.A city with a censored library system is not a city I want to raise my children in. Leave our books alone. And lastly, Mrs.VanDerMark's resolution to pledge our support to Israel may have had the best of intentions last week but in light of all that has happened since, it may now be construed as support for the genocide of Palestinians.And for someone who needed to research a list of YouTube videos to verify that the Holocaust actually happened, I'm surprised she wants to jump so quickly to a blanket statement about such a complicated and controversial geopolitical conflict. While she is vague in what she supports the Israeli government doing,she's specific when mentioning unconfirmed (and in fact disputed)details of what she condemns.At the very least this resolution needs to be factchecked.The city should condemn the terrorist attack of the Hamas.We should show our support for the innocent Israeli civilians.We should also condemn the war crimes now being allegedly committed by the Israeli government and show our support for innocent civilians of Palestine, most of whom are children. We should call for a ceasefire,desescalation,advocate for restraint,advocate for the children ALL the children affected by these attacks.This is a horrible, heartbreaking, historically complex war. I'm just not at all comfortable with her summation of events or with the feeling that she's using this tragedy in realtime for her own political gain or attention. 1 Celeste 2 Moore, Tania From: Joclyn Rabbitt-Sire <joclynsire@gmail.com> Sent: Tuesday,October 17, 2023 12:16 AM To: supplementalcomm@surfcity-hb.org Subject: Agenda Items#19 and#20 for Agenda dated Oct 17,2023 Dear Mayor and City Council Members, I would like to voice my opposition to two items for tomorrow's meeting:#19 and#20,and ask you to vote NO on both of them. Concerning#19,the changes being proposed to our city charter do nothing to improve life for Huntington Beach residents nor give them more rights as members of a democracy. Rather,they do the opposite. Why expend our taxpayer dollars to the tune of almost half a million dollars to place such needless measures on a ballot that only a minority of HB voters will vote on in a primary election? Please vote NO! Concerning#20,this poorly constructed policy may look to some folks to be driven by concern for children's well-being, but in practice will only strip both children and adults of their democratic rights,and could actually be detrimental to the mental health of many children. It seems that some of you are using your power to insert Huntington Beach into the culture wars currently plaguing our nation. Please step back from this move by voting NO! Both of these agenda items are cut from the cloth of autocracy and are dangerous to our democracy. Our city is a microcosm of the nation in its current polarized state,and the more you assert measures that lean toward autocracy, the more polarized we become as a community. Huntington Beach is being noticed by other communities, not for our beautiful parks and beaches, but because of the strife being needlessly created. Is that how you would like our city to be known? Thank you for your consideration,and PLEASE vote NO on#19 and#20. Sincerely, Joclyn Rabbitt-Sire Resident of SE Huntington Beach 1 Moore, Tania From: StarsStripes <starsstripes@icloud.com> Sent: Tuesday, October 17, 2023 12:36 AM To: CITY COUNCIL(INCL.CMO STAFF) Cc: supplementalcomm@surfcity-hb.org Subject: 10-17-23 City Council Meeting, 6pm Agenda Item 19 I do support the Charter Amendments being considered for the March 5, 2024 state wide Primary Election. Measure #1 I support: • Voter ID for elections, • More in person voting locations • Monitoring of drop boxes. Measure #2 I Support: • Proposed display of flags • Measure #3 I support : • The Biennial Budget • All other proposed Amendment Changes Robert Cloyd Huntington Beach Resident • Moore, Tania From: Bixby <LSARJUNK@msn.com> Sent: Tuesday, October 17, 2023 5:24 AM To: supplementalcomm@surfcity-hb.org Subject: I object to a special election and feel these ballot issues can wait until November of 2024's general election. I object to a special election and feel these ballot issues can wait until November of 2024's general election. Sent from Mail for Windows 1 Moore, Tania From: Kathy McGuire <kzm@dslextreme.com> Sent: Tuesday, October 17, 2023 6:38 AM To: supplementalcomm@surfcity-hb.org Subject Agenda item#19 I am against Agenda item #19. The city charter works well as it is. We don't need changes that are expensive (especially with recent budget cuts to city services) and will likely lead to expensive law suits. Thank you, Kathy McGuire • Moore, Tania From: Dana Lee <danatrooper@yahoo.com> Sent: Tuesday, October 17, 2023 7:48 AM To: supplementalcomm@surfcity-hb.org Subject: Reject Items 19 and 20 Councilmembers, Reject Item 19. It's a waste of taxpayer money, that will reduce voter participation. Reject Item 20. It's blatant, disgusting censorship. To those councilmembers voting in favor of the above, I look forward to voting you out at the earliest opportunity, and sharing your voting record with friends and family in the community. Thank you to Councilmembers Bolton, Moser, and Kalmick for your dedication to doing what's best for this city. Dana 1 Moore, Tania From: Christina Gallup <gallupcm5@gmail.com> Sent: Tuesday, October 17, 2023 7:56 AM To: CITY COUNCIL(INCL.CMO STAFF) Cc: supplementalcomm@surfcity-hb.org Subject: Proposed special election concern Hello HB City Council, As a constituent of Huntington Beach I'm writing to express my concern and opposition to the special election in March and some of the amendments proposed within. It is a huge waste of Huntington Beach time,resources and funds to put these measures on a separate ballot in March. If the council is going to move forward with these measures please at least move them to November's General election so they'll be a fraction of the cost. However I would also strongly urge the counsel not to move forward with these measures.The proposed voter ID law and ballot box monitoring measure will put us up to a lot of risk and further cost as they conflict with state law.And for good reason,we already have voter identity verification processes in place,these extra measures are just harmful voter intimidation and restriction methods with no basis. Thank you, Christina Gallup i Moore, Tania From: Debbi Parrott <debparrott@gmail.com> Sent: Tuesday, October 17,2023 8:12 AM To: supplementalcomm@surfcity-hb.org;CITY COUNCIL(INCL.CMO STAFF) Subject: charter amendments Dear City Council, I'm writing to let you know my strong opposition to the charter amendments because of the absurd costs that taking control of local elections would incur as well as the fact that we have a super efficient county system with great integrity. I also oppose the flag ban which has already had impacts of emboldening citizens to drive by my house yelling out homophobic slurs because of my pride flag.This sends a message of intolerance and is simply further hurting our city's tourism sector and public image. I also oppose the things Gracey wants to do with library books.There is no problem,we have amazing librarians,and this is a fake culture war with the illusion of protecting children when the real dangers are online. With gratitude, Debbi Parrott • Moore, Tania From: Connie Quader <cquaderhb@gmail.com> Sent: Tuesday, October 17, 2023 8:15 AM To: supplementalcomm@surfcity-hb.org Subject: Voter ID,Charter Amendments, Flag &Library WHY NOW??? These are NOT pressing issues for HB!! We need you to address&try to solve these problems,just to name a few. Homelessness, camping on our streets. Infrastructure&repairing our roads.We need a larger police force. You've created unnecessary problems that already have answers in place!The answers you propose will cost the city millions of dollars! It's OUR MONEY you're wasting on frivolous ideas that already have answers in place. It truly seems as though the majority of the city council are completely ignoring the majority of Huntington Beach citizens! It's very frustrating, being a 44 year resident of Huntington Beach when a small minority of people are pushing their own personal agendas on the majority of residents! Connie Quader 1 Moore, Tania From: Andrissa Dominguez <andrissahb@gmail.com> Sent: Tuesday, October 17, 2023 8:16 AM To: supplementalcomm@surfcity-hb.org Subject: Everything First...since the meetings have been unlawfully moved to Tuesdays it prevents many from going(conflicts with surf city nights)but I feel that was the plan from our last council. Second.... book banning or whatever it is being called... hmmmm limiting sexualized content in the children's library accessible by minors. Is it still available? ..yes just like playboy or other sexualized magazine or reading materials BUT are covered/behind the counter. Why Dan Kalmick, Natalie Moser, Rhonda Bolton do you have a problem with this protection of children consistent with other rules we as a society deal with. Third...voter ID... how is that suppressing the vote... please tell us who has ever suffered from Voter suppression because of lack of ID.??? DO you actually know any person who has been prevented from voting because they have to show ID.You have to show ID to buy cigarettes and alcohol.You must present an ID for travel.You must present an ID for a job. Think about it.... Dan kalmick, Natalie Moser, Rhonda Bolton WE ALL KNOW you have taken partisan positions that do not make sense in Huntington Beach.Also let me remind you ... city council is a non partisan position. STOP following the narrative that is ruining our country. Time to protect Huntington Beach and our Residents. Vote YES to ban perverted materials from children's reach without parents permission Vote YES on Voter ID MOVE the meetings BACK to MONDAYS like it SHOULD BE. Thank you... Andrissa Dominguez 714 369 3107 1 Moore, Tania From: ann inman <anneyedoc@gmail.com> Sent: Tuesday, October 17, 2023 8:21 AM To: supplementalcomm@surfcity-hb.org Subject: HB City Council meeting I object to a special election and feel these ballot issues can wait until the November 2024's general election. I object to the voter ID voter requirement. I object to banning books in the library. Far worse is at our children's fingertips on the internet I object to restricting flags flown in the city. Ann Gaylord HB Resident 1 Moore, Tania From: Levin, Shannon Sent: Tuesday, October 17, 2023 8:26 AM To: supplementalcomm@surfcity-hb.org Subject: FW: HB City Council meeting • From:ann inman<anneyedoc@gmail.com> Sent:Tuesday,October 17,2023 8:24 AM To:CITY COUNCIL(INCL.CMO STAFF)<city.council@surfcity-hb.org> Subject: HB City Council meeting I object to a special election and feel these ballot issues can wait until the November 2024's general election. I object to the voter ID voter requirement. I object to banning books in the library. Far worse is at our children's fingertips on the internet I object to restricting flags flown in the city. Ann Gaylord HB Resident i Moore, Tania From: Levin,Shannon Sent: Tuesday, October 17,2023 8:26 AM To: supplementalcomm@surfcity-hb.org Subject: FW:Voter ID,Charter Amendments, Flag & Library From:Connie Quader<cquaderhb@gmail.com> Sent:Tuesday,October 17,2023 8:18 AM To:CITY COUNCIL(INCL.CMO STAFF)<city.council@surfcity-hb.org> Subject:Voter ID,Charter Amendments, Flag& Library WHY NOW??? These are NOT pressing issues for BB!! We need you to address&try to solve these problems,just to name a few. Homelessness, camping on our streets. Infrastructure&repairing our roads. We need a larger police force. You've created unnecessary problems that already have answers in place! The answers you propose will cost the city millions of dollars! It's OUR MONEY you're wasting on frivolous ideas that already have answers in place. It truly seems as though the majority of the city council are completely ignoring the majority of Huntington Beach citizens! It's very frustrating,being a 44 year resident of Huntington Beach when a small minority of people are pushing their own personal agendas on the majority of residents! Connie Quader 1 Moore, Tania From: Paula Schaefer <pas92649@gmail.com> Sent: Tuesday, October 17,2023 8:28 AM To: CITY COUNCIL(INCL.CMO STAFF);supplementalcomm@surfcity-hb.org Subject: NO on Agenda Item# 19 (23-871) -WASTE of TAXPAYER FUNDS Mayor and City Council Members: I've attended 2 of the 4 public hearings and have reviewed the materials presented at prior City Council meetings on these topics and urge you to VOTE NO on each of the 4 resolutions contained in Agenda Item#19(23-871). 1. The overwhelming public opinion at the meetings and the communications provided to you is STRONGLY against these proposed changes to the City Charter,in particular the voting identification requirements. Listen to the residents and read their communications to you and you will hear and see that these measures do NOT have the support of the majority of HB residents. HB residents see the voter ID issue for what it truly is-a waste of taxpayer money for political grandstanding. 2. Why add a flag flying requirement to the City Charter. Haven't you learned that modifying an ordinance is easier than the Charter-you've already modified your ordinance that was adopted mere months ago?Again-more political grandstanding. 3. The proposed "clean-up"of language in the 3rd ballot measure includes important budgeting practices that have received little or no attention.The Charter is intended to be a broad structural arrangement to conduct the City's business-it is a policy document, not a task list. Including detailed budget requirements will only result in complicated procedures necessitated to avoid more Charter amendments. 4. These proposed amendments are not urgent matters that cannot wait until the November 2024 election and IF these resolutions are approved and placed on the March 2024 ballot,you are wasting hundreds of thousands of taxpayer funds that could be spent on necessary City services. It is obvious that the voter ID issue and the flag issue are only proposed as more of the newly-elected majority's(F4) appeal to the MAGA base. This is another example of its ongoing efforts to promote culture wedge issues rather than attempting to govern the City.Continuing to state that the voter ID issue is important to foster confidence in elections is ONLY necessary because the F4 continue to imply there is reason to lack confidence in the City and the County's elections. If you really want to improve voter confidence in local elections,why don't you do your homework and learn the procedures of the OC Registrar of Voters office? Then, homework done,arrange tours of the OC ROV's office for those who don't believe that the local elections are conducted objectively and fairly by qualified professionals. Understanding the fundamentals of the election processes and then passing along accurate information to others would be a much better use of your time than continuing to spread misinformation and stoke fear and lack of trust in these fundamental governmental processes that are being done professionally. Stop the political grandstanding and start governing. Paula A.Schaefer, HB resident 1 Paula Schaefer 2 Moore, Tania From: Levin,Shannon Sent: Tuesday, October 17,2023 8:31 AM To: supplementalcomm@surfcity-hb.org Subject: FW:Agenda items 19 and 20 From:Jean Bogen<jeanbogen72@gmail.com> Sent:Tuesday,October 17,2023 8:12 AM To:CITY COUNCIL(INCL.CMO STAFF)<city.council@surfcity-hb.org> Subject:Agenda items 19 and 20 Dear council members: I have been a tax-paying citizen of Huntington Beach since 1965. This is the first council that has had more citizen input on how we spend our taxes and on how we treat our fellow citizens,AND turns a deaf ear every time! Will tonight be any different? With a yes vote on 19 we will be embroiled in law suits, and we may end up running our own elections which will waste our taxpayer dollars. Why do you need unanimous vote to fly a different flag? There has never been a unanimous rule on anything! Regarding agenda item 20: we have a library staff that is and always has been quite capable of choosing books for us. We don't need a review board made up of our city council's friends. Please vote a resounding NO on these agenda items. Thank you, Jean E.Bogen i Moore, Tania From: Levin, Shannon Sent: Tuesday, October 17, 2023 8:32 AM To: supplementalcomm@surfcity-hb.org Subject: FW: Meeting From: Brandi Desso<brandidesso@yahoo.com> Sent:Tuesday,October 17,2023 7:37 AM To:CITY COUNCIL(INCL.CMO STAFF)<city.council@surfcity-hb.org> Subject: Meeting Good morning, My name is Brandi Desso Wertheimer and I am a citizen of Huntington Beach and proud parent of my two children. I am writing to show my support for amendments 19,20 and 21. Anything to do with protecting our children is our duty. My full support. Thank you, Brandi Desso Wertheimer Sent from Yahoo Mail for iPhone i Moore, Tania From: Maureen Bekins <maureenbekins@gmail.com> Sent: Tuesday, October 17, 2023 8:33 AM To: CITY COUNCIL(INCL.CMO STAFF);supplementalcomm@surfcity-hb.org Subject: Oppose Agenda Item 19,City Charter Changes,on October 17,2023 Agenda City Council Members and City Attorney, I am strongly opposed to the city charter changes proposed by this City Council, I believe they're ill conceived.These are not items that a majority of the citizens of this City want to see enacted.After listening to the public and council discussion over these last weeks,and reading the supplemental communication, I really wonder just how many people within our city want these charter changes?Certainly not the majority of citizenry. Once again it appears the few are dominating what the majority will have to live with.And it also seems to me that the Council is attempting to slide these changes through by placing on the primary election ballot in March,which generally has a lower voter turnout.Why not wait until the general election for a larger population of our citizens to have a better gage of what the majority wants for our City? Please vote no on the City Charter Changes. I am a 45-year homeowner in this City and I've never been more disturbed by what the City Council is doing to our City. Maureen Bekins 5752 Woodboro Drive Huntington Beach,CA 92649 • 1 • Moore, Tania From: Levin, Shannon Sent: Tuesday, October 17, 2023 8:39 AM To: supplementalcomm@surfcity-hb.org Subject: FW: Upcoming City Council Vote Original Message From: Richard Rudolph<rrudolph@rcattorneys.com> Sent:Tuesday,October 17, 2023 6:50 AM To:CITY COUNCIL(INCL.CMO STAFF)<city.council@surfcity-hb.org> Subject: Upcoming City Council Vote 1.Stop your book ban. Stop acting like the Nazis. 2.Stop trying to put up barriers to people voting. HB does not have a problem with its elections,so stop creating a fictitious problem to cure by making it harder for people to exercise their constitutional rights. 3.Stop bringing us your culture wars.We don't want them here you MAGA fascists. Richard Rudolph 30+yr HB resident Sent from my mobile device. 1 Moore, Tania From: Levin, Shannon Sent: Tuesday, October 17, 2023 8:39 AM To: supplementalcomm@surfcity-hb.org Subject: FW:Tonight's meeting Original Message From: Linda Rose<Irlindarose3@gmail.com> Sent:Tuesday,October 17,2023 6:46 AM To:CITY COUNCIL(INCL.CMO STAFF)<city.council@surfcity-hb.org> Subject:Tonight's meeting Dear council members, 1.Why are you overriding parents with a committee to decide what children can read?You object to the state telling us to proceed with a housing element yet you are telling parents how to monitor their own children?Did you do a poor job raising your own children so you must intercede parents?How many of you have a masters degree in library science? I trust librarians and parents,why don't you? 2.Where is your regard for education?The city clerk has major and important responsibilities.Why reduce the qualifications to fulfill this position? 3.A special election in March to change the voting rules?Why?Has there been fraud in our city in the past?This will this intimidate voters and cost taxpayers about$500,000.That money could be spent more wisely on a•housing element! Please Listen to the citizens in HB! Linda Rose(40 year homeowner in HB). Sent from my iPad 1 Moore, Tania From: Levin, Shannon Sent: Tuesday, October 17, 2023 8:40 AM To: supplementalcomm@surfcity-hb.org Subject: FW:Agenda item#19 From: Kathy McGuire<kzm@dslextreme.com> Sent:Tuesday,October 17,2023 6:39 AM To:CITY COUNCIL(INCL.CMO STAFF)<city.council@surfcity-hb.org> Subject:Agenda item#19 I am against Agenda item #19. The city charter works well as it is. We don't need changes that are expensive (especially with recent budget cuts to city services) and will likely lead to expensive law suits. Thank you, Kathy McGuire 1 Moore, Tania From: Levin,Shannon Sent: Tuesday, October 17,2023 8:41 AM To: supplementalcomm@surfcity-hb.org Subject: FW: I object to a special election and feel these ballot issues can wait until November of 2024's general election. From: Bixby<LSARJUNK@msn.com> Sent:Tuesday,October 17,2023 5:25 AM To:CITY COUNCIL(INCL.CMO STAFF)<city.council@surfcity-hb.org> Subject: I object to a special election and feel these ballot issues can wait until November of 2024's general election. I object to a special election and feel these ballot issues can wait until November of 2024's general election. Sent from Mail for Windows • Moore, Tania From: Levin, Shannon Sent: Tuesday, October 17, 2023 8:41 AM To: supplementalcomm@surfcity-hb.org Subject: FW:Agenda items 19-21 on 10/17/23 Original Message From: Kathey<kathey_haas@hotmail.com> Sent:Tuesday,October 17, 2023 1:08 AM To:CITY COUNCIL(INCL.CMO STAFF)<city.council@surfcity-hb.org> Subject:Agenda items 19-21 on 10/17/23 Mayor Strickland, Mayor Pro Tem Van Der Mark and members of the City Council: I fully support the passage of Agenda items 19,20 and 21. Regarding Agenda item 19: the council has held several sessions with input from the public. The council has ample time to consider that input as well that from their many discussions. The majority of the council has determined that it is now time for all the voters of Huntington Beach to weigh in. And as Mayor Strickland has so correctly pointed out,there will be fewer propositions on the primary ballot,thereby giving these amendments more significance to the voters. For the critics who state that there are fewer voters in primary elections, perhaps the inclusion of the charter amendments will bring out more voters. Please vote yes on Agenda item 19. Regarding Agenda Item 20: Contrary to the lies being perpetrated by the opposition to this resolution,this is NOT book banning!!! Rather this resolution will allow for the relocation to a more secure area,sexual materials, many of which are pornographic,from the children's section of the library to the adult section. The time has come for responsible adults to step up and protect children from inappropriate materials. The fact that these materials are currently readily available in the children section is proof that the librarians are not the appropriate people to safeguard our children! As a parent, I find it incredible that any reasonable adult would be opposed to this resolution! Vote yes on Agenda item 20! Regarding Agenda Item 21: I fully support expressing support for Israel,condemning the barbaric attacks by the terrorist group Hamas and sympathizing with Israelis suffering at the hands of Hamas. I believe the part about calling for an immediate end to the war is inappropriate and should be removed. Thank you for your service to the city of Huntington Beach. Sincerely, Kathey Haas 50 year home owner and resident of Huntington Beach Sent from my iPhone 1 Moore, Tania From: Levin, Shannon Sent: Tuesday, October 17, 2023 8:43 AM To: supplementalcomm@surfcity-hb.org Subject: FW:Voting From: Diane Amendola<diane@sandy-paws.com> Sent:Tuesday,October 17,2023 8:42 AM To:CITY COUNCIL(INCL.CMO STAFF)<city.council@surfcity-hb.org> Subject:Voting For the Official Record Dear Mayor and Council Members: As a resident,tax payer and voter in Huntington Beach. I do NOT support the city taking over voting in Huntington Beach. We have no history of ANY shenanigans or fraud related to voting in our city unless it's in someone's fantasy world. I implore you to stop this nonsense. I've voted here for decades and always find voting time is meeting old friends and neighbors at our polling places. It works fine,whoever is filling your ears with this is lying. The county is doing a fine job. Sincerely, Mary Amendola 20251 Cape Cottage Lane Huntington Beach 92646 Get Outlook for iOS • • Moore, Tania From: Mary Ann Celinder <macelinder@gmail.com> Sent: Tuesday, October 17, 2023 8:48 AM To: CITY COUNCIL(INCL.CMO STAFF);supplementalcomm@surfcity-hb.org Cc: AMorones@aclusocal.org Subject: voter id We are opposed to the charter amendments regarding changes to our voting rights. Voter ID is a way to suppress votes.The Pro Tem's video was a joke. Being a minority does not make her any kind of authority. Running our own election would be a very unnecessary expense to fix something that is not broken.The way elections are now run by the OC registrar is impressive.fraud is not an issue. This is wrong on so many levels, but if put to a vote,do not place it on an expensive special election ballot. It deserves the attention of more voters in the general. 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: jodykyle1@aol.com Sent: Tuesday, October 17, 2023 8:54 AM To: supplementalcomm@surfcity-hb.org;CITY COUNCIL(INCL.CMO STAFF) Cc: Jody Kyle Subject City Council Meeting 10/17/23 -Voter ID and Book Bans Dear City Council Members, I am a 25 year Huntington Beach resident. Voter ID charter amendment I am writing to oppose proposed the Voter ID charter amendment. The Orange County Registrar of Voters conducts free, fair, secure, and safe elections. Proposing to require Voter ID in Huntington Beach elections and thereby run our own elections is costly and rife with opportunities for fraud, voter suppression, and other irregularities. HB Library Book Ban -- Resolution 2023-41 I also write to oppose Resolution 2023-41, the Huntington Beach Library Book Ban. Once again the city council majority it try to break something that is already fixed. The Huntington Beach library already employs the highest and most professional standards when selecting age-appropriate books. I doubt the city council majority or their proposed review board can do the same. Council Member Var Der Mark has insisted that the resolution is not a book ban yet section 2C of the resolution states that the community parent/guardian review board can reject any book the HB library is considering adopting. By definition-rejecting a book is a book ban. Resolution 2023-41 is government over reach by the HB city council majority. It infringes on parental rights and the rights of all HB residents. Families— not political fanatics—have the freedom to decide what's right for them. This resolution is a thinly veiled attempt to ban books on gender identity, gays, and trans people. Gay people read books about heterosexuals and it does make the straight. Reading books about gayness or transsexuals is not going to make children gay-or trans. What the book ban will do is ban books on safe sex, STDs, teen pregnancy, contraceptives, date rape, and sexual assault. Restricting books containing sexual content to people over 21 years old is ridiculous. Most adults are sexually active well before 21. What the book ban will do is allow wildly inaccurate information on sexuality and identity on the internet to flourish unchecked. The proposed "community parent/guardian review board" is fraught with problems. It essentially allows 11 people (a majority) to ban books and set community norms with no oversight and no appeal. The actual composition of the review board is also an issue. There are absolutely no personal or professional standards set for this board and no requirement that all members actually read the books they propose to ban. Yours, Mary Kyle Moore, Tania From: Juana Mueller <juanamueller33@gmail.com> Sent: Tuesday, October 17, 2023 8:56 AM To: citycouncil@surfcity-hb.org;supplementalcomm@surfcity-hb.org Subject: Fwd:Today's Council agenda My computer said this didn't send?? Juana. Begin forwarded message: From: Juana Mueller<juanamueller33@gmail.com> Subject: Today's Council agenda Date: October 17, 2023 at 8:49:10 AM PDT To: city.council@surfcity-hb.org, SuplementalComm@surfcity-hb.org Dear Huntington Beach City council, PLEASE, PLEASE, . . . NO to a special election to amend our City Charter. PLEASE SAVE THAT MONEY!! NO to voter ID requirement. NO on any interference with Library book choices. NO book banning!! Respectfully, Juana Mueller. 1 Moore, Tania From: Richard Colodny <richardcolodny@yahoo.com> Sent: Tuesday, October 17,2023 8:56 AM To: CITY COUNCIL(INCL.CMO STAFF);supplementalcomm@surfcity-hb.org Subject: From a 22 year HB resident and homeowner Council members, I have a job which requires me to work in Tustin until 5:00 PM,so I doubt I would be able to get to tonight's meeting in time to speak ahead of all the outside agitators. I am very much against the proposed voting changes. If there is any credible evidence of voter fraud,then make a case and have it prosecuted. In the absence of any existing problem,this is really just voter intimidation and it puts the city at risk of lawsuits for civil rights violations.The city would lose,and it would cost us more money.The county and state systems already in place are working. I am also very much against the proposed library censorship system.We have librarians who are trained in these tasks and are paid to do them. It seems that the council wants to take over the duties of parents. I also find it disturbing that some proposed amendments,such as which flags are flown,call for unanimous votes of the council. I think this is un-democratic because it allows a single dissenting vote to dictate policy. Respectfully submitted, Richard Colodny Sent from my iPhone 1 Moore, Tania From: Mary Ann Celinder <macelinder@gmail.com> Sent: Tuesday, October 17, 2023 8:58 AM To: CITY COUNCIL(INCL.CMO STAFF);supplementalcomm@surfcity-hb.org Cc: AMorones@aclusocal.org Subject: flags What a waste of time and energy to put a restriction on flying flags to support marginalized communities within our city. It's a direct hit to the gay community. This is wrong on so many levels, but if put to a vote,do not place it on an expensive special election ballot. It deserves the attention of more voters in the general. I'm against any amendments calling for a unanimous vote to reverse what this majority pushes onto our city.When they are no longer the majority,those of us with some sense need to be able to reverse the damage. Our city will be scarred and ridiculed. 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: Fikes,Cathy Sent Tuesday,October 17, 2023 8:41 AM To: Agenda Alerts Subject FW:special election nonsense Original Message From:chris@theduquettes.net<chris@theduquettes.net> Sent: Monday,October 16,2023 5:40 PM To:CITY COUNCIL(INCL.CMO STAFF)<city.council@surfcity-hb.org> Subject:special election nonsense My name is Dr.Chris Duquette and I am a homeowner and business owner in Huntington Beach. I oppose the special election and the additional cost inherent and long term that may result from trying to clumsily introduce voter id at the city level. I myself have voted via mail as long as I have been able to because I have raised three children and work nearly every single day tending to the people of our community.Standing in line and planning my schedule around something I can do from my home safely and securely is ridiculous.There are already plenty of safeguards to sound voting, no need to make it more complex for our citizens.On top of that, it's going to cost a lot of money and result in expensive litigation. Utter.Waste.Of. Money. I oppose Resolution#2023-41.We have librarians and parents to help make decisions about what is age appropriate content.There is no reason for a city council member to weigh in on what books are available where in the library. The city council needs to run the city like a business,focus on providing appropriate services to its residents and stop wasting time and money,our resources on ill advised, unnecessary dog whistles intended to further divide our community. Sincerely, Dr.Chris Duquette 1 Moore, Tania From: Fikes,Cathy Sent: Tuesday, October 17,2023 8:41 AM To: Agenda Alerts Subject FW:Tax Payer Waste of Funds:STOP BOOK BANNING &Frivolous Voting ID Requirements From:Cathy Engle<cengle24@gmail.com> Sent:Monday, October 16, 2023 5:46 PM To:CITY COUNCIL(INCL.CMO STAFF)<city.council@surfcity-hb.org> Subject:Tax Payer Waste of Funds:STOP BOOK BANNING&Frivolous Voting ID Requirements Dear City Council, I am a long-time Huntington Beach resident, and I'm disturbed by the proposals that will be presented during the 10/17 meeting. Why is the City Council getting involved in these made-up issues?Banning books and unnecessary voter ID validation will have the state suing our city and cost us thousands of dollars! This is a WASTE of taxpayer dollars. Parents can make these choices and read materials prior to having their children check out books. We don't need the government to interfere with family decisions. I personally trust professional librarians to make book choices and my ability to review a book for a child over the government interfering with my decisions. Please stop wasting taxpayer dollars on frivolous proposals and address the real issues of our city, for example, the housing crisis. Thanks for your time, Cathy Engle 1 Moore, Tania From: Fikes,Cathy Sent: Tuesday, October 17,2023 8:45 AM To: Agenda Alerts Subject: FW:Tuesday night council meeting From:VEL Straub<siiverfox-01@msn.com> Sent: Monday,October 16,2023 7:27 PM To:CITY COUNCIL(INCL.CMO STAFF)<city.council@surfcity-hb.org> Subject:Tuesday night council meeting Dear City Council, I'M upset to have to even wright this email. Your new amendments are not necessary. I live in California not Texas. I'm 87 years old and have raised my children in CA. The library is for knowledge for everyone doesn't matter what age. Stop banning books. This is how our freedoms are slipping away. Voting is another freedom we should not lose. I vote by mail who will I show my ID to? Why are you restricting flag policy? Our city can better spend the money then pay for a special election in March of 2024. Huntington doesn't need to run their own elections. This council has not worked for all of the people of Huntington Beach. Sincerely, Velta Straub 1 Moore, Tania From: Fikes,Cathy Sent: Tuesday, October 17,2023 8:45 AM To: Agenda Alerts Subject: FW: 10/17/23 meeting (items#19 and#20) Original Message From:JAMES PRESTON<jamesr403@aol.com> Sent: Monday,October 16,2023 7:30 PM To:CITY COUNCIL(INCL.CMO STAFF)<city.council@surfcity-hb.org> Cc:James Preston<james@jamesrpreston.com> Subject: 10/17/23 meeting(items#19 and#20) Dear City Council, As a 50 year resident of Huntington Beach, I am disturbed by the direction the majority of the council is pursuing. Agenda item#19 seems fiscally irresponsible—pushing the Charter amendments to the March primary rather than the November general election presents unnecessary costs. If they were approved,they wouldn't take effect until 2026—so what's the rush to judgment for? The restrictive flag measure just seems mean-spirited and designed to prevent tolerant behavior or sow discord' (unanimous?really?a unanimous vote?). Do YOU need a unanimous vote to pass YOUR resolutions? Agenda item#20 is a continuing attack on the library and learning. There is already a review process. The unnecessary and ill-considered resolution ignores the library professionals in favor of installing unenlightened, non-professionals. Again there is already a review policy. Lately the majority of the council seems set on making Huntington Beach less welcoming, less tolerant, less kind. That is unacceptable! As a voter, I do not approve of these measures. Sincerely, Nancy Preston Sent from my iPad 1 Moore, Tania From: Fikes,Cathy Sent: Tuesday, October 17, 2023 8:47 AM To: Agenda Alerts Subject: FW:City Council Meeting,Tuesday 10/17/23 Original Message From: Domnic McGee<dmcgee@reagan.com> Sent: Monday,October 16, 2023 7:41 PM To:CITY COUNCIL(INCL.CMO STAFF)<city.council@surfcity-hb.org> Subject:City Council Meeting,Tuesday 10/17/23 Honorable members of the City Council, I am writing to you in support of the following agenda items. Agenda number 19-There is no reason on Earth why anyone who is eligible to vote would not be able to obtain a legitimate form of identification.The assertion that people of minority groups find it difficult is insulting to all minorities and is nothing more than the soft bigotry of low expectations. As an immigrant to this great nation, I believe that Old Glory,the state flag,the city flag and the POW flag should be the only flags flown on city property.The Stars and Stripes itself is really the ultimate unifier and expresses our nation's ethic of E Pluribus Unum. The notion that sexual proclivity flags be hoisted on city property is both insulting and bizarre. Our country was founded on the timeless ethos of Judeo-Christian morality.To switch course onto the track of a dangerous and deviant sexual zeitgeist,designed to denigrate the very fabric of our culture is really not acceptable. This brings me on to the next topic,agenda number 20. It is our moral responsibility tp ensure our youngest, most vulnerable members of society are not exposed to,what most of the constituents of Huntington Beach believe to be, pornography. Banning books is not acceptable, but subjecting children to books designed to normalize and promote sexual deviance is equally unacceptable. Even though many of these explicit books are produced for children specifically, there should be measures in place to protect our community's children from sexually explicit and deviant material. To close, I'd like to state my support for agenda item number 21.What Hamas did to the peaceful border communities of Israel earlier this month was absolutely sickening and disturbing in the extreme. There are many individuals, politicians,groups,organizations and political causes in Orange County that are linked to Hamas and are in support of the"Palestinian"cause. Even the word Palestine has its roots in antisemitism. Not only do I believe that a resolution in favor of our community's support for Israel is noble and indeed brave, but I think that each of our council members should sign the declaration to denounce those politically aligned to such groups as CAIR,who,as an organization,were unindicted co-conspirators of Hamas in the Holy Land Foundation for Relief and Development case. Putting the charter amendments up for a vote will cost money, but it pales in significance to the bounty that the city attorney's office has won for the people of Huntington Beach. I believe it will be money well spent. Sincerely, Domnic McGee Memento Mori 1 Moore, Tania From: Fikes,Cathy Sent Tuesday, October 17,2023 8:48 AM To: Agenda Alerts Subject FW:Opposition to resolution From: Ellen Garibaldi<ellenmgaribaldi@gmail.com> Sent:Monday,October 16,2023 7:48 PM To:CITY COUNCIL(INCL.CMO STAFF)<city.council@surfcity-hb.org> Subject:Opposition to resolution Good evening, I am a HB resident of 26 years and I've never been this civically engaged in local politics as I have been in the last year due to the number of upsetting proposals made by this city council. I am opposed to resolution 2023-41. I do not want a review board for library books. Please let librarians do their jobs and let families decides for their own families what books to check out.As a patron of the library, I oppose the idea of a review board deciding what books I'm allowed to check out. Please listen to your constituents and these emails you receive opposing this. This resolution is not a labor of love;this is akin to censorship and taking away the choice of families to decide for themselves. I am also opposed, as I have started in previous emails,to the proposed changes to the city charter. Please do not make it more arduous for citizens to vote in this city. I pray that these emails do not fall on deaf ears and that you listen to your constituents. Thank you, Ellen Garibaldi i Moore, Tania From: Fikes,Cathy Sent: Tuesday, October 17,2023 8:48 AM To: Agenda Alerts Subject: FW: Huntington Beach Council and their Charter Amendments- here is my take... From:Tina Ziemann<tziemann50@gmail.com> Sent: Monday,October 16, 2023 7:50 PM To:CITY COUNCIL(INCL.CMO STAFF)<city.council@surfcity-hb.org>;dan@dankalmick.com Subject: Huntington Beach Council and their Charter Amendments-here is my take... I have been watching the council aka counter productive sh** shows online for weeks at night. I know of the crazy issues and agendas being pushed by some conservative members.Books, library,no flying LGBTQ flags on government buildings,pronoun language proclamations,voter ID and special charter elections. This is insane,but no one seems to be able to stop these council members. They steam roll everything even when people are coming out in and speaking in protest. It seems so frustrating and no one has an answer. They don't listen. We have been watching for weeks.Books in a public library contain sexuality, gay and lesbian language because society has gay and lesbians in it and believe it or not,people have sex and have been writing about for years...remember Harlequin romances?Why aren't they targeted? They are in the public library. Parents come to libraries and help their children pick age appropriate books, or at least they should. We don't live a nanny state. In Europe these book and library issues are non existent. Europeans celebrate Gay Day every year and no one attempts to marginalize them and pretend they don't exist. The idea of voter has been proven to be a farse. I have been voting absentee ballot for year and faithfully watch my ballot be counted through the OC Voter email notification.All of this is simply a waste of taxpayer dollars. We have more important issues such a public safety that is constantly in jeopardy. If I could do something to change and inform, I am happy to help,but these guys don't care. Seriously they don't represent anyone but themselves. The only option I see is if they can't and won't listen to what HB residents are saying, then have a recall vote and vote them out. I am a concerned resident of HB for over 30 years, a business owner and home owner. I have never written an email like this in the past and would like to see these issues dismissed permanently. Sincerely Tina Ziemann. 1 Moore, Tania From: Fikes,Cathy Sent: Tuesday, October 17, 2023 8:51 AM To: Agenda Alerts Subject: FW: Library books Original Message From:Joan Wood<jwoodsb@gmail.com> Sent: Monday,October 16,2023 8:36 PM To:CITY COUNCIL(INCL.CMO STAFF)<city.council@surfcity-hb.org> Subject: Library books Dear Council members, Please leave our libraries and library books alone! It's not your bailiwick.There are safeguards in place. If you want a library that is reflective of our community,then allow librarians to curate books and let parents make their own choices. Realize that a review board will not be productive with so many differing opinions. Lastly,the charter amendments proposed by the majority are unnecessary and a waste of taxpayer money. Thank you, Joan Wood Sent from my iPad 1 Moore, Tania From: Fikes,Cathy Sent Tuesday, October 17, 2023 8:52 AM To: Agenda Alerts Subject: FW:Charter Amendments and Book Banning Resolution From: Deborah Addy<debbie.addy126@gmail.com> Sent: Monday, October 16,2023 9:08 PM To:CITY COUNCIL(INCL.CMO STAFF)<city.council@surfcity-hb.org> Subject:Charter Amendments and Book Banning Resolution Dear Huntington Beach City Council, I am a long time resident and property owner in Huntington Beach. I would like to state my opposition to the rush to get the three Charter Amendments on the ballot March of 2024. There is no reason to spend additional money to push these amendments forward when they can be put on the November 2024 ballot. The only reason I can see that anyone wants this pushed ahead is that there is a measure that creates voter intimidation, and this is a way to disrupt the 2024 November election. The Voter ID Requirement measure is not only voter intimidation, it will also impact Huntington Beach financially in lawsuits that will inevitably occur when legality of the measure is contested, plus it would force Huntington Beach to have to run its own elections when California has a perfectly good, clean, and effective system in place for the whole state. I'm also appalled at the attempt to turn Huntington Beach into a book banning city. No matter how this resolution is worded, it is a clear attempt to ban books. Our librarians have to have a Masters degree in Library Science to be able to hold the job. They do not need supervision to keep our libraries safe for our children. If a particular book is considered by a parent (or anyone in fact) to be inappropriate there is a system in which that book will be reviewed. To have a small group of people make decisions to control what books end up in our libraries is ludicrous and insulting to the professionals that now run the libraries. To even consider that sexually explicit material is widely available to children is a lie. Per Resolution No. 2023-41: "The City Council has observed that there are some children's books and other materials in the City's libraries that contain sexual writings, explicit sexual references, explicit sexual images, and other sexual content". Please post a list of these offensive titles and where and when these books were found. I grew up in Huntington Beach libraries and never did I find pornographic books in the children's section. Stop trying to turn Huntington Beach into a restrictive city. We are a city of freedom and inclusivity. Let's keep it that way. Thank you for your time, Deborah Addy 1 Moore, Tania From: Fikes,Cathy Sent: Tuesday,October 17, 2023 8:56 AM To: Agenda Alerts Subject: FW:Withdraw Agenda# 19: Charter Amendments for the March 5th Primary: From: Pat Goodman<patgoodman@yahoo.com> Sent: Monday,October 16,2023 11:19 PM To:Strickland,Tony<Tony.Strickland@surfcity-hb.org>;CITY COUNCIL(INCL.CMO STAFF)<city.council@surfcity-hb.org> Subject:Withdraw Agenda#19: Charter Amendments for the March 5th Primary: Dear Mayor Strickland and City Council Members, Please withdraw Agenda #19 for your consideration at the October 17, 2023 City Council meeting. In general, I believe that these charter amendments are confusing and costly but most of all unnecessary. Amendment #1 is likely illegal and its validity will likely end badly for the city in a court of law. Amendment # 1 Procedure for Holding Elections Requiring Voter ID is redundant. We voters know that we must sign, date, write our return address on the back of our return ballot envelopes or, if we vote in person, the voter rolls. Our signature and current address is matched to your registration record on file at the Registrar of Voters office before your vote is counted. This is Voter ID. The current system works. Our elections are secure, there is no evidence of fraud or abuse. Attorney General Bonta and Secretary of State Weber have pointed out to the city council in his September 28th letter said that they will take action to defend the election law and protect voter rights. If the council votes to approve this chater amendment on the March 5th ballot, you will have broken the law and the trust with the people of Huntington Beach. Ther are many unanswered questions in this action and Voter ID is only one of many issues. You launch the city into so many unkowns and have put our treasury in severe jeopardy by moving this item forward, please withdraw it. Amendment#2 Display of Flags This amendment should be withdrawn because it is unnecessary, and there are costs to administer it. There is already an Flag ordinance in place. Yet you already broke it when the flags of Australia and Canada were flown at Pier Plaza during the recent air show. It's proof this action is difficult to administer. All you have to do is not approve flying specific flags as you so desire. With this amendment you really limit the council's options to fly flags on city property. Amendment # 3 General Update of Numerous Sections i Please withdraw this charter amendment, put the task to a Charter Review Committee and return to you recommendations of corrections and updates to the City Charter. This amendment needs careful review. Thank you for your consideration. I hope these commitments may convince you to withdraw this item. Pat Goodman Huntington Beach, CA 2 Switzer, Donna From: BETHANY WEBB <bethwebb711@msn.com> Sent: Tuesday, October 17, 2023 9:03 AM To: supplementalcomm@surfcity-hb.org Subject: NO on 19 &20 I am reaching out to ask you to vote NO on items 19&20 In Solidarity Bethany Webb Bethwebb711@msn.com 1 Switzer, Donna From: H Meyers <hmeybsan@gmail.com> Sent: Tuesday, October 17, 2023 9:04 AM To: supplementalcomm@surfcity-hb.org Subject: City Council meeting 10/17/23 I am strongly opposed to the proposed city charter amendments, including the unnecessarily expensive proposal to rush them on to the March 2024 primary election ballot.At the very least, these proposals should be put on the November general election to save taxpayer money.The proposed charter amendments are an assault on democracy, completely unnecessary, may be illegal (opening the city up to multiple law suits),and would create expensive new city responsibilities for which it is completely unprepared.The OC Registrar of Voters does an excellent job of running fair elections. I also vehemently oppose the proposal regarding so-called "sexual content" in city library books.There are already procedures in place for selecting and protesting particular books;there is no need to change the procedures. A review board of political appointees working with vague definitions is an assault on our liberties and those of children to read and learn. Imposing a narrow set of beliefs on all of our community is not acceptable. Parents who object to their children reading certain books can accompany their children to the library without inconveniencing other parents. Hildy Meyers Huntington Beach 1 Switzer, Donna From: Laura Julyne <pcwatch2@gmail.com> Sent: Tuesday, October 17, 2023 9:30 AM To: supplementalcomm@surfcity-hb.org Subject: Charter Ammendments I am against the push to add these amendments to the March 2024 ballot. This clearly should be on the November 2024 Ballot,especially if it is not intended to go into effect until 2026. Rushing a measure like this is a poor use of fiscal dollars. The urgency brings suspicion to the action. Laura Lara Huntington Beach 1 Switzer, Donna From: Fikes,Cathy Sent: Tuesday, October 17, 2023 9:10 AM To: Agenda Alerts Subject: FW:flags From: Mary Ann Celinder<macelinder@gmail.com> Sent:Tuesday, October 17,2023 8:58 AM To:CITY COUNCIL(INCL.CMO STAFF)<city.council@surfcity-hb.org>;supplementalcomm@surfcity-hb.org Cc:AMorones@aclusocal.org Subject:flags What a waste of time and energy to put a restriction on flying flags to support marginalized communities within our city. It's a direct hit to the gay community. This is wrong on so many levels,but if put to a vote, do not place it on an expensive special election ballot. It deserves the attention of more voters in the general. I'm against any amendments calling for a unanimous vote to reverse what this majority pushes onto our city. When they are no longer the majority,those of us with some sense need to be able to reverse the damage. Our city will be scarred and ridiculed. 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 Switzer, Donna From: Fikes, Cathy Sent: Tuesday, October 17, 2023 9:11 AM To: Agenda Alerts Subject: FW: City Council meeting 10/17/23 Original Message From: H Meyers<hmeybsan@gmail.com> Sent: Tuesday, October 17, 2023 9:05 AM To: CITY COUNCIL(INCL. CMO STAFF) <city.council@surfcity-hb.org> Subject: City Council meeting 10/17/23 I am strongly opposed to the proposed city charter amendments, including the unnecessarily expensive proposal to rush them on to the March 2024 primary election ballot. At the very least, these proposals should be put on the November general election to save taxpayer money. The proposed charter amendments are an assault on democracy, completely unnecessary, may be illegal (opening the city up to multiple law suits), and would create expensive new city responsibilities for which it is completely unprepared.The OC Registrar of Voters does an excellent job of running fair elections. I also vehemently oppose the proposal regarding so-called "sexual content" in city library books.There are already procedures in place for selecting and protesting particular books; there is no need to change the procedures. A review board of political appointees working with vague definitions is an assault on our liberties and those of children to read and learn. Imposing a narrow set of beliefs on all of our community is not acceptable. Parents who object to their children reading certain books can accompany their children to the library without inconveniencing other parents. Hildy Meyers Huntington Beach 1 Switzer, Donna From: Fikes, Cathy Sent: Tuesday, October 17, 2023 9:55 AM To: Agenda Alerts Subject: FW: comments on meeting tonight Original Message From: Monika Calef<mcalef@soka.edu> Sent: Tuesday, October 17, 2023 9:25 AM To: CITY COUNCIL (INCL. CMO STAFF) <city.council@surfcity-hb.org> Subject: comments on meeting tonight Dear HB City Council, I once again urge you to NOT waste all that money on an unnecessary special election. Why this urgency? If reforms are needed, let's please wait until the next regularly schedule election and hold a referendum for a fraction of the price. I am also vehemently opposed to this effort at book banning and library oversight. I spend a lot of time at the HB library and know the librarians. I used to take my kids there when they were little. I have complete faith into the competence and care of the librarians to only select appropriate books for their library shelves. Also, as has been pointed out, the library buys thousands of new books every year, so unless these committee members would spend a massive amount of time reviewing books, this extra level of scrutiny would simply lead to a stop in book purchases. That cannot possibly be what any community member wants.The library is busy all hours of the day and week and an important resource for HB residents. Let's please continue with business as usual instead of implementing all these drastic changes. Sincerely, Monika Calef 1 Switzer, Donna From: Fikes, Cathy Sent: Tuesday, October 17, 2023 9:55 AM To: Agenda Alerts Subject: FW:The Silent Majority From: Robert Frederickson<grnrmhb@yahoo.com> Sent:Tuesday,October 17,2023 9:40 AM To:CITY COUNCIL(INCL.CMO STAFF)<city.council@surfcity-hb.org> Cc: Robert Frederickson<grnrmhb@yahoo.com> Subject:The Silent Majority This email is late because I intended on defending our Mayor at a council meeting, but it is just too hard for me to get there. I usually watch over the next few days on YouTube. I watched Councilman Kalmick insist on our Mayor revealing"who are these people ? They don't come to speak or send in emails. Who are they?" Well, I am one of the thousands that came to multiple events the 4 candidates hosted. Yes Mr. Kalmack, I was one of those the Mayor spoke of that asked for Voter ID, as well as, a number of other issues. The 3 minority members often speak of the lopsided speakers and emails supporting their views, but these are not the numbers that all councilmembers should be focused on. Each one should PUT THESE NUMBERS ON THEIR FRIDGE so that they begin and end each day with a reminder of the only numbers that count. Here they are: Burns 24,689 votes Strickland 24,378 Van Der Mark 22,342 McKeon 21,910 ... Gina Clayton-Tarvin in a distant fifth place with 14,192 votes and with four-term City Council member Jill Hardy in sixth place ... not even close ! You see, the majority's supporters don't have to speak or email as long as they are sticking to the promise they all signed that night at the pier. Stay strong and united ... we are with you! 1 Robert Frederickson 8412 Norfolk Dr, HB 714 856 9132 1 2 Switzer, Donna From: Fikes, Cathy Sent: Tuesday, October 17, 2023 10:04 AM To: Agenda Alerts Subject: FW: Items 23-871 and 23-869 Original Message From:Jessica Bensberg<jessicabensberg@gmail.com> Sent: Tuesday, October 17, 2023 10:00 AM To: CITY COUNCIL(INCL. CMO STAFF) <city.council@surfcity-hb.org> Subject: Items 23-871 and 23-869 I am writing to express my concern, dissatisfaction and frustration with this city council specifically relating to items 23- 871 and 23-869. I have lived in this city nearly my entire life. After college I moved back here to raise my family. I care so deeply for my community. 23-871 The library already has a working system to sort, contest, and regulate access. We are wasting valuable time and money on solving a problem that does not exist.Just look at the information provided in the study session presentation it speaks for itself. As a regular library user I know this firsthand. Our librarians are excellent and trained to procure new materials and place it in the correct section. There is now reason to create a separate committee to do a job that is already done by trained professionals. 23-869 There is absolutely no reason to enact this charter amendment. A massive waste of nearly 500k for a special election to solve a problem that does not exist. Not to mention that this will likely bring yet another lawsuit from the state, wasting more money. Listen to the community, we do not want any of this. There are real issues in our city that would benefit from your attention and money. Jessica Bensberg Huntington Beach resident for 30 years 1 Switzer, Donna From: Fikes, Cathy Sent: Tuesday, October 17, 2023 10:09 AM To: Agenda Alerts Subject: FW: NO on VOTER ID From: RON ULRICH <fiberron@aol.com> Sent: Tuesday, October 17, 2023 10:05 AM To: CITY COUNCIL(INCL. CMO STAFF) <city.council@surfcity-hb.org> Cc: Ulrich Ron <fiberron@aol.com> Subject: NO on VOTER ID I urge you all to vote down the effort to add a Voter ID requirement for in person voting. This is not needed and addresses a problem that does not exist here. Please have Orange County continue to administer our elections here in HB. There is no issue of fraudulent votes or miss counting. This is just an outside attempt to fix and problem that does not exist. I do not support this effort. I have not heard any argument form the council as to why this was brought up. In response to this question, I did hear the mayor say, "A lot of people...." which means nothing of course. A lot of people think the world is flat and that Trump won the last election but that does not mean either are true. Vote this effort down and return to real issues more directly effecting HB residents. Thans for your time. Ron Ulrich Huntington Beach Switzer, Donna From: Fikes, Cathy Sent: Tuesday, October 17, 2023 11:02 AM To: Agenda Alerts Subject: FW: City Council Meeting From: Lisa Angela Gibilie<qidancer@yahoo.com> Sent:Tuesday,October 17, 2023 10:20 AM To:CITY COUNCIL(INCL.CMO STAFF)<city.council@surfcity-hb.org> Subject:City Council Meeting I have a number of concerns, I will focus on two, the city takeover of our elections and having the public library function as it always has. Neither is broken and in need of fixing. As for elections, the 15th Amendment was to protect the right of voters from intimidation at the polls. The price of the elections will be more than you anticipate and you may well need additional funds for re-counts and audits. Who will secure the ballot boxes and voting machines in people's garages? Do you realize that a number of Republican State parties went broke auditing safe and fair elections, finding no improprieties? California has a Voters Bill of Rights. I suggest you make sure you do not violate our right to receive absentee ballots and that voters can use any ballot box to submit their votes without intimidation. I am a legal citizen, I hardly ever show my ID, and it smacks of Old Jim Crow to ask eligible voters to do so. California and Orange County have had no issues with ballots other than when Trump supporters in Newport Beach decided to collect absentee ballots in a Trump campaign store. If people feel their rights have been violated they will use this number If you believe you have been denied any of these rights, or you are aware of any election fraud or misconduct,please call the Secretary of State's confidential toll-free Voter Hotline at(800)345-VOTE(8683). Second issue-"fixing"our libraries. Our Libraries are a wonderful resource of materials for all of us.Central Library is highly rated.This City Council has the people of this city,who likely never use the library,telling people it is filled with pornography.That the City Council thinks it is ok for them to pick three people they know to review books in the library first smacks of cronyism. How many people on the City Council and their friends are regular users of the library?I don't think anyone who is not a regular user of the library for at least 5 years is eligible to be considered.Second,you place an adult section in the library and it will only temp the children to go in there and find books they never would have know about,you are creating a problem where there is none. Books of the fine arts,movies and literature sometimes have nudity or use offensive language.They may still be considered art Medical reference books have graphic pictures of various body parts,will some person consider them offensive or pornographic. Censorship never wins.Our Librarians have Masters Degrees,book publishers have their own in house departments to check for offensive materials. Leave our voting and our libraries alone. They were all up and running very well prior to this current City Council. How many of the City Council members regularly use our libraries? If you don't use them, you cannot judge. Thank you, 1 Lisa Gibilie When I started counting my blessings, my whole life turned around. Willie Nelson When the power of love overcomes the love of power the world will know peace. Jimi Hendrix 2 Switzer, Donna From: Fikes, Cathy Sent: Tuesday, October 17, 2023 12:02 PM To: Agenda Alerts Subject: FW: Amendments 10/17/23 Original Message From:Janet Russell <janetdeanrussell@mac.com> Sent:Tuesday, October 17, 2023 11:18 AM To: CITY COUNCIL(INCL. CMO STAFF) <city.council@surfcity-hb.org> Subject: Amendments 10/17/23 We do support the amendments for library and the Voter ID. We have a wonderful library and let the librarians make the choices of what books to stock and where to place them. We do not need citizen censorship or oversight. Voter ID is a waste of money calling for a special election. Janet Russell Dean Russell 9132 Brabham Drive Huntington Beach 92646 1 Switzer, Donna From: Russell Neal <russneal@ieee.org> Sent: Tuesday, October 17, 2023 11:53 AM To: supplementalcomm@surfcity-hb.org Subject: Agenda Item 19 I support placing the proposed charter amendments on the March ballot and would make the following points: Not only the actual integrity of our election system, but its perceived integrity is important. Any attempt to restore that perceived integrity is praiseworthy, no matter what the state or the courts do later. It makes sense to submit the flag policy to the voters to avoid it changing back and forth with every change of the City Council composition and creating an unnecessary source of division in the city. Since voter approval of new taxes requires voter approval it makes sense that property tax give-aways also require their approval. Requiring a bachelor's degree rather than a "degree in business or equivalent" for clerk removes ambiguity and is fine. Actually, even a degree is not so important for this position. What is important is integrity and impartiality, for which voters are the best judges. Opposition to 2022 Charter amendments 0, L, N and M may have used "No Changes to our Charter" as a shorthand slogan suitable for yard signs, but to take this as a promise to never propose any future changes to the Charter is ridiculous. It may have been ideal to have a longer process developing these changes, and to make each item a separate measure on the ballot, but I recognize the constraints posed by ROV costs per item and the primary and general election calendar. I suspect most people will vote for or against them based on whether they support or oppose the council majority anyway. 1 Switzer, Donna From: Susan Turner <susanturnerart@gmail.com> Sent: Tuesday, October 17, 2023 11:54 AM To: supplementalcomm@surfcity-hb.org Subject: Admentments I strongly oppose putting Amendments 19 and 20 on the Primary Ballot. Susan Turner HB Resident I. Switzer, Donna From: p q <pag0424@gmail.com> Sent: Tuesday, October 17, 2023 12:54 PM To: supplementalcomm@surfcity-hb.org Subject Charter election and amendments We are opposed to the March election and proposed amendments. Julio and Patricia Quintana, HB residents i Switzer, Donna From: Janet Chickman <jahnit@yahoo.com> Sent: Tuesday, October 17,2023 2:39 PM To: CITY COUNCIL(INCL. CMO STAFF);supplementalcomm@surfcity-hb.org Subject: Huntington Beach To the City Council of Huntington Beach, It will be greatly appreciated if you could clarify the following points, 1. How is it that I have been deemed, by people I have never met, that as a parent I am unable to properly raise my children? What gives a committee the decision-making power to decide what books are available to my family? What qualifications do you or they have that they know better than I do in teaching and nurturing my children in becoming productive, happy humans that are positive additions to society? If you are unable to parent or decide for yourself what is an appropriate book to read, then get help, but do not project your issues onto others. Book banning/censorship is used by hateful people trying to divide, manipulate and control others. 2. How is restricting flags flown in our city not divisive? 3. Where is the information on massive voter fraud in Huntington Beach located? This seems to be jumping on the voter suppression band wagon. Very partisan and dare I say questionable legalities. 4. Please confirm that our City Council is a partisan entity. I was under the idea that it is supposed to be non-partisan. This City Council seems very eager to bully and control its constituents. Throwing nonsense in the way of maintaining the health of our city. What a shame. Thank you for your time. I look forward to your response, Janet Chickman Huntington Beach Resident 1 Switzer, Donna From: Shirlee Krause <shirleekrause@yahoo.com> Sent: Tuesday, October 17, 2023 3:30 PM To: pas92649@gmail.com; CITY COUNCIL (INCL. CMO STAFF); supplementalcomm@surfcity-hb.org Subject: NO on Agenda Item# 19 (23-871) -WASTE of TAXPAYER FUNDS YOU ROCK GIRL! Very thoughtfully written. Too bad it's so far above the F4's heads! Sent from Yahoo Mail on Android On Tue, Oct 17,2023 at 8:28 AM, Paula Schaefer <pas92649@a gmail.com>wrote: Mayor and City Council Members: I've attended 2 of the 4 public hearings and have reviewed the materials presented at prior City Council meetings on these topics and urge you to VOTE NO on each of the 4 resolutions contained in Agenda Item#19 (23-871). 1. The overwhelming public opinion at the meetings and the communications provided to you is STRONGLY against these proposed changes to the City Charter, in particular the voting identification requirements. Listen to the residents and read their communications to you and you will hear and see that these measures do NOT have the support of the majority of HB residents. HB residents see the voter ID issue for what it truly is-a waste of taxpayer money for political grandstanding. 2. Why add a flag flying requirement to the City Charter. Haven't you learned that modifying an ordinance is easier than the Charter-you've already modified your ordinance that was adopted mere months ago?Again-more political grandstanding. 3. The proposed "clean-up" of language in the 3rd ballot measure includes important budgeting practices that have received little or no attention.The Charter is intended to be a broad structural arrangement to conduct the City's business-it is a policy document, not a task list. Including detailed budget requirements will only result in complicated procedures necessitated to avoid more Charter amendments. 4. These proposed amendments are not urgent matters that cannot wait until the November 2024 election and IF these resolutions are approved and placed on the March 2024 ballot,you are wasting hundreds of thousands of taxpayer funds that could be spent on necessary City services. It is obvious that the voter ID issue and the flag issue are only proposed as more of the newly-elected majority's (F4) appeal to the MAGA base. This is another example of its ongoing efforts to promote culture wedge issues rather than attempting to govern the City. Continuing to state that the voter ID issue is important to foster confidence in elections is ONLY necessary because the F4 continue to imply there is reason to lack confidence in the City and the County's elections. If you really want to improve voter confidence in local elections, why don't you do your homework and learn the procedures of the OC Registrar of Voters office? Then, homework done, arrange tours of the OC ROV's office for those who don't believe that the local elections are conducted objectively and fairly by qualified professionals. Understanding the fundamentals of the election processes and then passing along accurate information to others would be a much better use of your time than continuing to spread misinformation and stoke fear and lack of trust in these fundamental governmental processes that are being done professionally. Stop the political grandstanding and start governing. 1 Paula A.Schaefer, HB resident Paula Schaefer 2 From: Fikes.Cathy To: Aoenda Alerts Subject: FW:Charter Election and amendments Date: Wednesday,October 18,2023 8:56:41 AM From: pacj <pacj_03@yahoo.com> Sent:Tuesday, October 17, 2023 12:36 PM To: CITY COUNCIL(INCL. CMO STAFF)<city.council@surfcity-hb.org> Subject: Charter Election and amendments Dear Council members, We are opposed to the proposed March election for voter consideration of council suggested amendments to the city charter. We are also opposed to the proposed amendments. Sincerely, Julio and Patricia Quintana HB residents Switzer, Donna From: Fikes, Cathy Sent: Wednesday, October 18, 2023 9:02 AM To: Agenda Alerts Subject: FW: NO on Agenda Item# 19 (23-871) -WASTE of TAXPAYER FUNDS From:Shirlee Krause<shirleekrause@yahoo.com> Sent:Tuesday,October 17,2023 3:30 PM To: pas92649@gmail.com;CITY COUNCIL(INCL. CMO STAFF)<city.council@surfcity-hb.org>; supplementalcomm@surfcity-hb.org Subject: NO on Agenda Item#19 (23-871)-WASTE of TAXPAYER FUNDS YOU ROCK GIRL! Very thoughtfully written. Too bad it's so far above the F4's heads! Sent from Yahoo Mail on Android On Tue, Oct 17, 2023 at 8:28 AM, Paula Schaefer <pas92649( gmail.com> wrote: Mayor and City Council Members: I've attended 2 of the 4 public hearings and have reviewed the materials presented at prior City Council meetings on these topics and urge you to VOTE NO on each of the 4 resolutions contained in Agenda Item# 19 (23-871). 1. The overwhelming public opinion at the meetings and the communications provided to you is STRONGLY against these proposed changes to the City Charter, in particular the voting identification requirements. Listen to the residents and read their communications to you and you will hear and see that these measures do NOT have the support of the majority of HB residents. HB residents see the voter ID issue for what it truly is -a waste of taxpayer money for political grandstanding. 2. Why add a flag flying requirement to the City Charter. Haven't you learned that modifying an ordinance is easier than the Charter-you've already modified your ordinance that was adopted mere months ago? Again-more political grandstanding. 3. The proposed "clean-up" of language in the 3rd ballot measure includes important budgeting practices that have received little or no attention. The Charter is intended to be a broad structural arrangement to conduct the City's business - it is a policy document,not a task list. Including detailed budget requirements will only result in complicated procedures necessitated to avoid more Charter amendments. 4. These proposed amendments are not urgent matters that cannot wait until the November 2024 election and IF these resolutions are approved and placed on the March 2024 ballot,you are wasting hundreds of thousands of taxpayer funds that could be spent on necessary City services. It is obvious that the voter ID issue and the flag issue are only proposed as more of the newly-elected majority's (F4) appeal to the MAGA base. This is another example of its ongoing efforts to promote culture wedge issues rather than attempting to govern the City. Continuing to state that the voter ID issue is important to foster confidence in elections is ONLY necessary because the F4 1 continue to imply there is reason to lack confidence in the City and the County's elections. If you really want to improve voter confidence in local elections,why don't you do your homework and learn the procedures of the OC Registrar of Voters office? Then,homework done, arrange tours of the OC ROV's office for those who don't believe that the local elections are conducted objectively and fairly by qualified professionals. Understanding the fundamentals of the election processes and then passing along accurate information to others would be a much better use of your time than continuing to spread misinformation and stoke fear and lack of trust in these fundamental governmental processes that are being done professionally. Stop the political grandstanding and start governing. Paula A. Schaefer, HB resident Paula Schaefer 2 Switzer, Donna From: Fikes, Cathy Sent: Wednesday, October 18, 2023 9:02 AM To: Agenda Alerts Subject: FW: City Council agenda From:Judy Tomlinson<judyatomlinson@gmail.com> Sent:Tuesday, October 17, 2023 3:34 PM To: CITY COUNCIL(INCL. CMO STAFF)<city.council@surfcity-hb.org> Subject:City Council agenda Dear Council members, I'm appalled by the wasteful spending you plan to do by holding an unnecessary special election to vote on deeply flawed Charter Amendments. These are my tax dollars you are spending! And here I thought you were fiscal conservatives. You are anything but. Regarding your undemocratic efforts at voter suppression, they will not work. My neighbors and I will not be intimidated. And, please, just keep your hands off our libraries and your noses out of our books. Let the librarians do their job -- they're very good at it. Besides, in this day of electronic communications it is completely pointless to try to ban information that's available online with a couple of clicks. And, by the way, that information might actually help our children make sense of an ever changing and complex world. It appears that everything you're doing will only end up undermining the things you say you want to accomplish. Rev. Judy Tomlinson Huntington Beach resident. 1 Rev. Judy Tomlinson She, her,hers Minister UU Church of Anaheim Minister Emerita Unitarian Universalist Congregation at Montclair,NJ 2 Switzer, Donna From: Fikes, Cathy Sent: Wednesday, October 18, 2023 9:09 AM To: Agenda Alerts Subject: FW: Council Meeting 10/18/23 From: HAROLD AND CHERYL COOK<ramstock1971@msn.com> Sent: Wednesday, October 18, 2023 8:55 AM To: CITY COUNCIL(INCL. CMG STAFF) <city.council@surfcity-hb.org> Subject: Council Meeting 10/18/23 Our family of four are absolutely opposed to any form of voter suppression which is what Voter ID would be. We are also opposed to any book ban and demand that the opinions ad wishes of the people of this city not be ignored. Sent from Mail for Windows 1 Switzer, Donna From: Andrissa Dominguez <andrissahb@gmail.com> Sent: Saturday, October21,2023 10:56 AM To: supplementalcomm@surfcity-hb.org Subject: Voter ID Voter ID requirement makes sense. To ensure the most honest elections possible. Some say... Require Voter ID equals Voter Suppression. In my opinion anyone lacking ID is already suppressed.- So a solution I'd like to be considered.is our city taking a stand and making sure that ANY RESIDENTS that DO NOT have ID will be given FREE of charge a government issued ID.Let's stop the problem with an actual solution that truly benefits Huntington Beach and its RESIDENTS. Thank you Andrissa Dominguez 53 year HB resident •